Loading...
HomeMy WebLinkAboutCC Minutes 2009-02-17SRCC Minutes (Regular) 02/17/2009 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 17, 2009 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Absent: Cyr N. Miller, Councilmember Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 6:00 PM Conference with Labor Negotiators- Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein, Ken Nordhoff Employee Organization(s): San Rafael Fire Chief Officers' Assn. San Rafael Firefighters' Assn. San Rafael Police Mid -Management Assn. San Rafael Police Association Western Council of Engineers Assn. of Confidential Employees SEIU Miscellaneous & Supervisory SEIU Child Care Unit Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:03 PM None CONSENT CALENDAR: Councilmember Brockbank moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows. ITEM Approval of Minutes of Regular City Council Meetings of January 20 and February 2, 2009 (CC) Resolution Approving a Reorganization of the City Attorney Department (CA) — File 9-3-16 4. Call for Applications for Appointments to Fill Two, Four - Year Terms on the Fire Commission to the End of March, 2013, Due to Expiration of Terms of Mary Ellen Irwin and Peter Martin (CC) — File 9-2-5 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12652 RESOLUTION APPROVING A REORGANIZATION OF THE CITY ATTORNEY DEPARTMENT a) Called for applications for appointments to fill two, four-year terms on the Fire Commission to the end of March, 2013; SRCC Minutes (Regular) 02/17/2009 Page 1 Resolution Approving and Authorizing the City Manager to Execute a Contract (CRPM 8070) with the California Department of Education for Grant Funding in the Amount of $16,000 to Make Improvements to the Pickleweed Children's Center (CS) — File 4-10-238 x 9-3-65 7. Monthly Investment Report for Month Ending January, 2009 (Fin) — File 8-18 x 8-9 8. Resolution Authorizing the City Manager to Enter Into an Agreement with the County of Marin for Fire Department Dispatch Services (FD) — File 9-3-31 SRCC Minutes (Regular) 02/17/2009 Page 2 b) Set deadline for receipt of applications for Tuesday, March 10, 2009 at 12 - 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, March 16, 2009, commencing at 6:00 p.m. RESOLUTION NO. 12654 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT (CRPM-8070) WITH THE CALIFORNIA DEPARTMENT OF EDUCATION FOR GRANT FUNDING IN THE AMOUNT OF $16,000 TO MAKE IMPROVEMENTS TO THE PICKLEWEED CHILDREN'S CENTER Accepted Monthly Investment Report for Month Ending January, 2009, as presented. RESOLUTION NO. 12655 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF MARIN FOR FIRE DEPARTMENT DISPATCH SERVICES 9. Resolution Authorizing the City Manager to Execute an RESOLUTION NO. 12656 Agreement for the Provision of Battalion Chief Services by RESOLUTION AUTHORIZING THE CITY the City of San Rafael to the City of Larkspur (FD) — MANAGER TO EXECUTE AN AGREEMENT File 9-3-31 FOR THE PROVISION OF BATTALION CHIEF SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR 10. Resolution Authorizing the Temporary Closure of City Streets for the Weekly Downtown Farmers' Market Festival on Thursday Evenings from April 2 — September 24, 2009 (RA) — File 11-19 RESOLUTION NO. 12657 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE WEEKLY DOWNTOWN FARMERS' MARKET FESTIVAL ON THURSDAY EVENINGS FROM APRIL 2 — SEPTEMBER 24, 2009 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller ABSTAINING: COUNCILMEMBERS: Mayor Boro, from minutes of 1/20/09 only, due to absence from meeting. SRCC Minutes (Regular) 02/17/2009 Page 2 SRCC Minutes (Regular) 02/17/2009 Page 3 The following item was removed from the Consent Calendar by Mr. Gary Ford for discussion: 5. RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE A SEVERANCE PACKAGE TO EMPLOYEES SUBJECT TO LAYOFF (CM) — FILE 7-1-46 Gary Ford stated that understanding the financial problems of the City he did not understand how the City arrived at providing a severance package for sixty calendar days, whether it was 90 days or just 60 days for every employee, and whether this could be extended or reduced. He noted the program would be borne by appropriations in place in the City's Employee Benefits Fund and he could not locate this in the audited financial statements. He requested clarification on whether the severance was being paid out of the Employee Benefits Fund or from the General Fund. Assistant City Manager Jim Schutz explained that the sixty days came from the fact that the Council took a similar action in November, 2003, where they approved a layoff severance package due to fiscal conditions at that time and this package was left unchanged. At that time, it was a sixty calendar day of base pay, two months of health and dental, up to $2,000. Having looked at that staff report, Mr. Schutz indicated staff reported that a management team was put together that had researched a number of other cities and packages and generated this particular package for Council consideration in 2003. He reported that tonight's staff report was mirrored on the same package used in the past. With regard to the Employee Benefits Fund, Mr. Schutz stated that Mr. Nordhoff could address where it was in the budget; however, the point was not to impact the General Fund with this severance package and instead use the separate Employee Benefits Fund. Mr. Nordhoff explained that the City had a sinking fund in place for a number of employee benefit items -- retiree health care, unemployment insurance, leave payouts — and the cost of this severance package, were it invoked, would be the cost of those sixty days of pay which would be incurred in that fund, therefore, not requiring any additional appropriations. Councilmember Heller moved and Councilmember Connolly seconded, to adopt the Resolution. RESOLUTION NO. 12653 - RESOLUTION AUTHORIZING THE CITY MANAGER TO PROVIDE A SEVERANCE PACKAGE TO EMPLOYEES SUBJECT TO LAYOFF AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller OTHER AGENDA ITEMS: 11. RESOLUTION APPROVING CITY STAFF AND CONSULTANTS' "PREFERRED DESIGN ALTERNATIVES" AND DIRECTING STAFF TO PROCEED WITH PREPARATION OF THE DESIGN PLANS AND SPECIFICATIONS FOR BICYCLE AND PEDESTRIAN FACILITIES FOR FIVE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PROJECTS IN SAN RAFAEL: (PW) — FILE 4-13-120 x 9-3-40 1) Puerto Suello Path Transit Center Connector (Project No. 11115); 2) Mahon Creek Path Transit Center Connector (Project No. 11116); 3) Terra Linda North San Rafael Improvements (Project No. 11118); 4) Northgate Gap Closure Improvements (Project No. 11117); and 5) Francisco Boulevard East Improvements (Project No. 11114) City Manager Ken Nordhoff explained that the City was involved in the pilot program that is putting non - motorized money into work in four counties across the United States. He was pleased and honored to Chair this committee process where a number of criteria were evaluated. He worked with some of the consultants in attendance this evening and San Rafael was fortunate to obtain capital project and design funding for five specific segments. Mr. Nordhoff believed this to be an exciting time where much could be accomplished in terms of mode shift as consideration was given to developing pedestrian and bicycle improvements. He indicated that Jude Dictado, Associate Engineer, would make a presentation, to be followed by the consultants. Explaining this evening's process, Mr. Nordhoff stated that the five projects would be broken down as follows: SRCC Minutes (Regular) 02/17/2009 Page 3 SRCC Minutes (Regular) 02/17/2009 Page 4 1) Projects in the North San Rafael area; 2) Downtown projects; and 3) East Francisco Boulevard Each area would be considered separately, questions taken from the City Council, followed by public comment and final City Council deliberation -- process to be repeated for all three areas — concluding in City Council action on a resolution. Mayor Boro expressed the hope that consensus would be reached at the end of each segment. Jude Dictado, Associate Engineer, reported that he would be the Project Engineer for the five NTPP projects and City Traffic Engineer Nader Mansourian would oversee the projects. He noted that Kimley-Horn & Associates, Inc., Alta Planning + Design, and David Parisi Associates were the consultants for the projects. Mr. Dictado stated that this evening staff and the consultants would present recommendations for the preferred design alternatives for the project, which were based on engineering studies, design criteria and public input. Michael Jones, Alta Planning + Design, stated that his firm was involved in four of the five projects. The projects were part of a $25 million grant to Marin County for The Non -Motorized Pilot Program that Congress authorized for the express purpose of trying to demonstrate whether or not these types of targeted investments would yield more people walking and bicycling. He noted Marin County was one of four different communities nationwide. Other objectives included providing a non -motorized connection to transit, schools and residences. Counts were conducted in 2007 and 2008 and would continue in 2009 and 2010 to ascertain whether in fact more people were walking and bicycling. Northgate Gap Closure Improvements / Terra Linda North San Rafael Improvements: Using PowerPoint, Mr. Jones explained that these two projects were intertwined and it made sense to discuss them simultaneously. Northoate Gap Closure — Mr. Jones stated this was a bicycle project that was part of the North/South Bikeway following Las Gallinas down to Northgate, connecting again to Las Gallinas. He noted that currently there were bike lanes heading south and north; therefore, this could be described as a Gap Closure project. Simultaneously, Terra Linda was a bicycle and pedestrian project along Freitas Parkway, in front of the Northgate Mall, alongside Las Gallinas and extending across the freeway down towards the Civic Center. Mr. Jones reported that included in key issues encountered were constraints they were partially able to overcome, the largest being on a section of Las Gallinas. This was a critical gap in the North/South bikeway and, as could be seen from photographs, parking was very heavy during the day. He noted another constraint on Los Ranchitos, which also had a lot of on -street parking, where removal of this parking would be required in order to provide Class II bike lanes. Mr. Jones reported that this constraint was dealt with by providing a Class III bikeway. Mr. Jones stated that the preferred short-term improvements for the Northgate Gap Closure Bikeway were to extend the existing bike lanes on Las Gallinas down to Freitas Parkway to provide a short section of Class II south of Freitas Parkway. The narrow section would be a Class III bike route with stencils on the pavement. Northgate, which currently had shoulder stripes, would be converted to Class II bike lanes, except for a short section with on -street parking demand near the tire center, a short section of Class III and then connecting to the Class II heading south. Mr. Jones displayed a visual simulation of the existing conditions on Las Gallinas, a slightly narrowed median to preserve the on -street parking in that residential neighborhood and to provide bike lanes, together with Las Gallinas Avenue — south of Nova Albion Way and the short section on Los Ranchitos Road — south of Northgate Drive. They demonstrated it was physically possible to put in bike lanes with removing parking; however, having talked to neighbors, their recommendation was to put in a bike route Class III and maintain the parking, at least for the time being. Mr. Jones explained that the Terra Linda projects, primarily Freitas Parkway around the eastern side of SRCC Minutes (Regular) 02/17/2009 Page 4 SRCC Minutes (Regular) 02/17/2009 Page 5 Northgate Mall and across the highway, were composed of several different bicycle and pedestrian types of improvements: • Conversion to Class II bike lanes; • Improving existing sidewalks; • Improving the frontage along the Northgate Mall II and connecting to the existing or planned improvements in front of the Northgate Mall; • Extending bike lanes down towards the Civic Center; • Possibly connecting down to the SMART tracks; however, it was felt that that deserved to be part of the SMART project itself. Pedestrian Improvements: • Installing audible push buttons and count down signals at some of the key intersections. Mr. Jones indicated that the challenge on this project was the project budget and how to fit the different elements into it, noting the total budget was $762,000 for the two projects. From a list displayed he identified the estimated construction costs for preferred improvements: • Installation of bike lanes and bike route improvements on Las Gallinas; • Install the countdown pedestrian signals; and • Install the bike lanes and bike route improvements on Northgate Drive and Los Ranchitos to arrive at a total of $557,000. The cost of constructing the bike lanes on Freitas Parkway was approximately $255,000 for a total of $812,000 — slightly more than the project budget. He hoped to receive some extra money from Marin County in the NTPP. Councilmember Connolly expressed excitement about this aspect of the project. Living on Las Gallinas Avenue he was aware that a lot of work by staff, consultants and the community went into it. With regard to the gap on Las Gallinas between Freitas and Northgate, his understanding was that on -street parking was a concern vis-a-vis Class III versus Class II bike lanes. Being a neighbor, parent and biker, he had a lot of time to observe the situation, and noted it was always crowded in terms of parking on the street, day and night. However, the commercial parking available on one side was never even nearly full -- complete saturation on - street, with a bunch of vacant parking spots in the commercial lots, particularly the large lot serving Kaiser Hospital. In getting serious about closing this gap, he believed there were some unutilized opportunities to look at the parking situation. Indicating he was not convinced there were no solutions, Councilmember Connolly stated that at a minimum he would like to hear the City was open to really looking at how to solve this issue: 1) How serious the City was about making this a continuous bike path; and 2) Looking at the actual concern and whether there were solutions, and his eyeballing of the situation suggested there were. Responding, Mr. Jones stated there was agreement between a lot of what the public stated, particularly the bicycling community, City staff and the consulting group, on the fact that this was an obvious and important gap in what would be a pretty continuous system of either Class I or Class II pathways, throughout the County. However, in terms of the scope and schedule for the Non -Motorized money, because of the tight schedule, it was felt that to try to solve this problem in the context of this project would present a very serious likelihood of not meeting the deadline set by congress. The recommendation therefore, was to acknowledge the additional work that needed to be done; however, as part of a separate follow-through effort. Noting a shortfall of $50,000 in the budget, Councilmember Brockbank inquired whether the County might fill that gap. Mr. Jones reported that the County had identified a series of projects and programs throughout Marin County as part of this $25 million, some of which had not yet started and could have either very big feasibility or other problems. He noted it would not be unusual for some moneys to be available and this was the hope. Noting Mr. Jones mentioned that at the end of Northgate Drive behind the mall, in front of the tire shop, there would be bike lanes, except for the last section "because there was a parking demand there", Councilmember SRCC Minutes (Regular) 02/17/2009 Page 5 SRCC Minutes (Regular) 02/17/2009 Page 6 Brockbank inquired whether this meant that any time there was some parking demand, there could not be a bike path, because some parking demand always took precedence over a bike path. Mr. Jones stated he would describe this as a policy issue. Councilmember Brockbank clarified it did not mean that every time there was some parking demand it could not be taken away. With regard to Las Gallinas Councilmember Brockbank stated he shared Councilmember Connolly's concern and observations. He worried that this one section not having any designated bike lanes would jeopardize the entire project and he would like to do more on it. He expressed concern at the City stating "that's the most we can do this year" and feared the public would feel this was all that would be done for ten years. He inquired that while all these facts and figures were fresh in people's minds whether there was a way to state: "if we are going to expand that and put a bike lane there, what are the steps, alternatives and costs." While it could well be unaffordable this year or next, should funds become available in the future he would like to know what the options were instead of having to start from scratch. Mr. Jones stated that the type of study, elements and general scope needed could be identified, together with a general budget. It was a little difficult because of not knowing how complicated the study would become. For example, including trying to acquire or lease some additional space to relocate cars would add some complexity. He did not see any available parking and it was difficult to estimate whether there would be excess parking at Northgate subsequent to the renovation; however, he believed it would take some negotiations with property owners. Should there be off-street spaces, he believed it would be a question of working with neighbors, etc. Mr. Jones stated this could be identified as specific as possible so that the next step was clear. Councilmember Brockbank favored having something in writing outlining options and what needed to be done, etc. Councilmember Heller stated she inquired of staff today as to how many bikers and walkers there were during these hours and whether these figures would grow in the future. Traffic Engineer Nader Mansourian confirmed this to be 6 or 7 bikers going southbound in the morning on Las Gallinas, 2 going northbound and approximately 7 in the afternoon. Mr. Jones stated that it would be a little difficult to estimate what it would be in the future; however, they anticipated that with the completion of the Puerto Suello Hill pathway project, the two Central Marin projects and Cal Park Tunnel there would be a fairly substantial increase. Don Maodanz stated that when this project was completed there would be Class II facilities starting at Puerto Suello Hill and going all the way up to the Novato Bike Path; he noted some County projects on Los Ranchitos. With regard to Councilmember Heller's question on the number of cyclists, he believed there was not a good facility to run there, and a lot of people would not ride on Las Gallinas, between Nova Albion and Northgate Drive, in the absence of a better facility. Mr. Magdanz suggested putting together a task force, under the direction of the City Manager, to ascertain what could be done and how well parking was used in the private lots, and determine whether a solution could be found. Mr. Magdanz supported the projects. Patrick Seidler, Transportation Alternatives for Marin, expressed thanks to the City Council and staff for these projects. He believed part of the progress made was with the Non -Motorized Pilot Program; however, tens of millions of dollars had also been raised which would be invested in the community. He noted that the north - south bikeway from Novato to the top of Puerto Suello Hill would be complete in 2010, with the exception of the one block on Las Gallinas, and the north -south greenway would be built from Sausalito to Novato, with the exception of the Alto Tunnel, within the next five years because of the passage of SMART. Identifying the issue to be the Northgate Promenade, which was planned in 1997, and noting the north -south bikeway, identified in City and County plans, called for this section to be a key thoroughfare for non -motorized travelers, Mr. Seidler believed that the Councilmembers who identified this as being the key issue were correct. He requested that this one little section be pulled out and studied more closely to ascertain what could be done. Mr. Seidler distributed a list outlining the parking spaces on this one block area — a total of SRCC Minutes (Regular) 02/17/2009 Page 6 SRCC Minutes (Regular) 02/17/2009 Page 7 761, private and public Mr. Seidler believed neither the BPAC nor Green Ribbon Committee had evaluated this issue and suggested they be brought in to take a look at the real vision to complete the Northgate Promenade. Preston McCov, Chairman, Bicycle and Pedestrian Advisory Committee, stated that the BPAC had been involved with these projects since early 2007, and in March, 2007 they submitted photographs and recommendations for the area under discussion. In April they did something similar for the Tamalpais/Netherton Area. The BPAC met with consultants and staff in July, 2008 and several members attended various public meetings held on design sessions. Mr. McCoy stated that, having telephoned most of the BPAC members this past week, he believed they would not disagree with his opinion that the five NTPP projects should be approved and proceeded with. He believed the Class III sections were pretty worthless and perhaps $50,000 could be saved by not doing anything; however, they did not cost much and would not create anything that could not be easily removed or upgraded later. Mr. McCoy urged the City Council to approve the resolution this evening, while acknowledging this was not the last word on the Class III sections. Simon Tarlen, San Rafael, stated it appeared obvious the purpose was to encourage people to use non - motorized transportation; therefore, to base it on how many actually did use non -motorized transportation was self-defeating, as a big point was to make it more inviting. Ben Hadar, San Rafael, stated that he had been commuting by bicycle in Marin since 1997 and was quite excited about the potential renovations; however, when reviewing this evening's documents, he believed the only guarantee was new signalized crossing signals, which he believed to be a waste of money. He noted also that, while it was stated the Caltrans right-of-way would prevent this from being a feasible possibility to manipulate the roadway on Las Gallinas, a preferred alternative was to have a bike route routed through Hetheron, which was also a Caltrans right-of-way. Commenting on Councilmember Brockbank's remarks regarding parking taking precedence over the right to bike, Mr. Hadar stated this spoke as a testament to the fact that people would park on the curb even with the availability of mall parking. In light of this he believed it would be amazing to see the legitimate creativity people could exercise in parking their cars off Las Gallinas. David Hoffman, Marin County Bicycle Coalition, echoed Mr. Seidler's comments that the one section on Las Gallinas was the key component of the entire project. Should the City Council not see fit to remove that one piece from the project for further study, he requested direction on a process to guarantee that section would be looked at and direction on moving forward in the future. Kate Powers, BPAC, agreed with Mr. McCoy's on the Class III bike paths. She indicated that according to the San Rafael Bicycle and Pedestrian Plan 2008 Update, Class III signed bike routes cost $12,600 a mile and she would prefer to see the budget put towards something that would improve safety. With regard to the due date, Mayor Boro stated his understanding was that these projects were required to be completed by the end of the year or the funding would not be received. Mr. Nordhoff stated that the date was not San Rafael specific, rather a date for all of the non -motorized projects, of which there were many across the County. Staff confirmed last week that the dates in place were those noted in the staff report and these two projects, as well as the two downtown, all of which had construction requirements tied in and design details to finish, needed to be in the ground by the end of the year. He believed two weeks one direction or another was not a big deal, rather it was a question of intention. Mr. Nordhoff noted that in these projects, Caltrans had to get involved and they currently were getting hit from all sides, including being furloughed once per month, as well as potentially having a lot of work to do related to the federal stimulus package; therefore, staff had great concern about getting these things into the queue. He confirmed December 2009 was still a hard and fast date. With regard to this particular segment, Mayor Boro inquired, once approved, how long it would take to have it completed. SRCC Minutes (Regular) 02/17/2009 Page 7 SRCC Minutes (Regular) 02/17/2009 Page 8 Mr. Mansourian stated it appeared as though the City Council was being requested to form a task force and request the consultants to generate a scope, conduct more study and arrive at solutions, including having discussions with apartment and business owners to remove cars to allow for a Class 11 bike lane. He believed this would take more than a month or two and was not part of the scope of work of the consultants at this time. Mr. Mansourian suggested talking to the Marin County Public Works Department to ascertain whether there were any unused funds in the NTPP for this use. He commented that from dealing with such issues in the past, parking was emotional and it would take some time. Mr. Mansourian stated that staff intended to go out to bid in May so that the project could be built and completed by December 2009, which meant the consultants had less than two months to complete the design for everything. Mayor Boro confirmed that preparatory work still needed to be done. Mr. Nordhoff stated that a host of final design work still needed to be done so that these projects became bid ready. Mayor Boro noted the suggestion of a task force and Councilmember Brockbank's suggestion that if this segment did not go forward at this time, a study be conducted going forward as to what it could ultimately be and how this could be accomplished. For the benefit of the audience Mayor Boro explained this was a federal grant that came to Marin County, one of four counties in the country to receive it. There was an opportunity to carry out approximately $2.5 million worth of pedestrian and bicycle improvements in the City that would not have been possible for a long time; however, if this work was not carried out by the end of 2009, the funding would be lost. Therefore, it was not a matter of spending to spend, rather to spend it prudently. Mr. Nordhoff suggested that the City Council accept the work as proposed and in addition, identify the steps, alternatives, cost and scope of work. Between staff and Marin County Public Works, and assuming an additional scope of work could be obtained from the same consultants, a separate proposal could be prepared to study the Las Gallinas corridor, which would provide a full sense of the parking studies, parties involved and environmental or CEQA processes necessary. Should NTPP money be available, another project would at least be conceptually understood and staff could return at a later date to make formal recommendations about how Class III facilities could be improved to Class II, and what it would take to get there. Mr. Nordhoff confirmed for Councilmember Heller this was the segment between Northgate Drive and Nova Albion on Las Gallinas Avenue. Councilmember Heller noted that the 761 parking spaces mentioned earlier were all private Mr. Nordhoff stated that the City only had control over street parking spaces; however, anytime consideration was being given to making alterations to parking, appropriate parking study work needed to be carried out to understand the impacts, so that staff could present alternatives to the City Council about how these could be mitigated or what other alternatives could be considered. He believed additional study could be required in terms of the sidewalk; therefore, it would not just necessarily be looking at a Class II bike path, but determining what else was lacking in that stretch for pedestrians also that might need remedying. Expressing appreciation to the Bicycle Coalition, Councilmember Brockbank stated the City Council was well aware of how important it was, not just for San Rafael, but for Marin County, and even California, to have this pilot project and be able to make such a big impact with so much money. He was aware that the Bicycle Coalition was so instrumental in these efforts, for which he expressed thanks. Councilmember Brockbank inquired as to how to measure how big an impediment parking on that Las Gallinas block really was. Mr. Mansourian stated he would look at the areas on Las Gallinas already having bike lanes, i.e., between Lucas Valley Road and Freitas Parkway. He reported that many years ago one of the lanes in each direction on Las Gallinas was removed and converted to a bike lane. Living in the area he observes bicyclists on the weekend going up and down the road. He indicated that this area was not impeded, it connects to West SRCC Minutes (Regular) 02/17/2009 Page 8 SRCC Minutes (Regular) 02/17/2009 Page 9 Marin and was a good gauge; however, there was no exact science from which he could state that should this parking be removed how many more bicyclists would use this area. Understanding the time constraints, Councilmember Brockbank inquired whether it was practical to take this section of the study out, study it further and replace it in time for an end of the year completion date. Indicating he would not recommend this, Mr. Mansourian explained that besides the bicycle issues, signals would have to be modified, etc. He believed it prudent to leave it in and carry out the minimal work of signing and marking for Class III. Should the situation improve, Class II could be put in; however, at this point he would not remove it. Councilmember Brockbank stated that usually the staff report affords options, including Accept the Recommendation, Amend the Recommendation or Reject the Recommendation, and he noticed this evening's staff report only afforded the options to Accept or Reject, and he inquired whether there was a reason why Amend was not one of the options. Mr. Mansourian stated this was because of the time line and explained that amending any of these would cause more studies, which would hold everything up, and this luxury was not available currently. Understanding that an amendment such as pulling out this block could be too radical, could complicate the paperwork or jeopardize the situation, Councilmember Brockbank believed he heard support this evening for the possibility of adding such things as future studies, which did not jeopardize the timeline, etc., and inquired whether this type of amendment could be appropriate. Mr. Nordhoff stated that in acting on the resolution this evening should there be additional work the City Council wished to direct staff to do with respect to this segment, without changing what was proposed in terms of the recommendations, this could be amended into the final action. Believing experienced bicyclists could navigate that particular block safely, Councilmember Brockbank stated the desire was to attract those not so strong, competent or experienced, and he wondered how to distinguish between these two types of bicyclists. Indicating it was difficult, Mr. Mansourian stated staff's goal was to design a bike facility good for everyone; however, unfortunately, there were impediments to deal with. He indicated he was not personally happy about recommending retaining the parking there, which was not the goal; however, this was an impediment that needed to be dealt with currently. Councilmember Connolly reiterated that at the appropriate time he would move to amend the proposal. He believed there was some type of concrete process that this section would be evaluated, appropriate studies considered and undertaken and plans considered and developed. Mr. Nordhoff suggested that staff work to return with a proposal separately from this evening's action that would codify the issues in question, i.e., scope of work, timeline, potential improvements, etc. Responding to Councilmember Connolly's question as to the advantage of this as opposed to amending the resolution this evening, Mr. Nordhoff stated that staff needed time to ensure none of the aspects of the project were missed. A full review could be afforded so that the City Council had the benefit, and the deliberation if necessary, of knowing when it would occur, who was involved, what it would take and how it would happen, as staff worked through the specific grants and got the projects built. Councilmember Connolly confirmed for Mayor Boro that he was not suggesting the project be held up. Puerto Suello Hill and Mahon Creek Pathways / Transit Center Connector Projects — Michael Jones reported that the Puerto Suello and Mahon Creek Pathways were two separate projects, yet connected. Using PowerPoint he explained that the Puerto Suello Hill Pathway connects to the Puerto Suello Hill Path (under construction) south to the San Rafael Transit Center, at which point the Mahon Creek Pathway starts and consists of the Mahon Creek Pathway down to Andersen. SRCC Minutes (Regular) 02/17/2009 Page 9 SRCC Minutes (Regular) 02/17/2009 Page 10 Indicating this was probably more complex than the previous projects, Mr. Jones stated this was probably the most urbanized part of Marin County, where less experienced cyclists and pedestrians were being encouraged through an extremely congested area. Therefore, in order to do this, criteria had to be established for how to evaluate different alternatives, and the number one criterion was safety, as safety in this type of environment was more important than aesthetics or environmental experience. Safety was followed by: • Minimizing and controlling vehicle conflicts and looking at traffic capacity, etc; • Providing a consistent, functional and uniform facility type to the extent feasible; • A high quality facility; and • Meet cost and schedule limitations. Using a map, Mr. Jones outlined the streets and indicated that the different color lines identified all the different alternatives. He believed the Preferred Alternative balanced the best of all the different opportunities and constraints and provided a safe connection between this very urbanized area. By safety he meant that every user had the opportunity to cross these five streets at a signalized intersection. Mission Avenue — Determination of the pathway currently under construction. New high -visibility crosswalk and right -turn control. Fourth Street — Recommend transition over to West Tamalpais for most of the north/south users. David Parisi described the signalization. Continuing Mr. Jones presented visuals depicting the bike paths, sidewalks, etc. Mr. Jones reported that the budget for this project — Puerto Suello — was $1.2 million, of which approximately $200,000 was for design. Mahon Creek — extending from Second Street, across from the Transit Center, down the existing pathway to Andersen. Mr. Jones indicated the biggest constraint was the crossing of Second Street, where it was proposed to install a high -visibility crosswalk and realign it slightly to minimize the distance. The entire area would be widened and the current bridge across the creek would be replaced. With regard to the crossing of Lincoln, Mr. Jones stated it was proposed to realign the crosswalk so that pedestrians and bicyclists were facing traffic, affording them better visibility. He believed no crossing was needed at Andersen — a new curb cut was proposed. Essentially, this was a relatively low-volume, local serving connector, primarily for pedestrians going to Albert Field. Mr. Jones reported that this project had a total budget of $350,000, of which approximately $60,000 was for design. Similar to the two North San Rafael projects, Mr. Jones stated these two projects had a very tight schedule. Engineers were ready to get into design as soon as they received notification and the projects would need to go out to bid by July, 2009. With bicyclists traveling south off the new bike path to Mission Avenue, across the crosswalk and into the bicycle path, Councilmember Heller inquired whether a physical barrier was needed to make them stop before going across the street. Mr. Jones stated that 'Stop' and 'Stop Ahead' signs, together with stencils were being evaluated and a bollard could be installed; however, physical constraints to stop people would also pose an obstruction to bicyclists, particularly at night, which could represent a liability. He believed that other remedies could be evaluated. Mr. Jones confirmed for Councilmember Brockbank that PS&E stood for Plans, Specifications and Estimates Councilmember Brockbank inquired how likely it would be to get this project through Caltrans in a month. SRCC Minutes (Regular) 02/17/2009 Page 10 SRCC Minutes (Regular) 02/17/2009 Page 11 Mr. Mansourian reported that staff's contacts with Caltrans were such that this project would get through their system and they understood that the NTPP had a short timeline. Councilmember Brockbank inquired whether there was a way to coordinate the future Red Light Cameras to slow bicyclists down. Mr. Mansourian stated that currently there were no red light cameras on Hetherton, except Third and Hetherton. He reported that staff was evaluating the idea of having chicane or curve approach at each location to slow down bicyclists. Noting the bike boulevard treatment on West Tamalpais extended from Fourth Street to Mission Avenue, Councilmember Connolly stated it was good that this would be looked at as an alternative. He was aware of a lot of input from North San Rafael Safe Routes to Schools people to the effect that in light of the fact that the Mahon Creek bridge would be replaced whether it could be used in North San Rafael to connect Canyon Oak Drive to Miller Creek Road, Lucas Valley Road intersection. Mr. Mansourian stated this was being looked at. With regard to bike traffic signals, Mr. Mansourian stated staff was still researching this issue. Some of the policies might not be quite applicable for Hetherton and Mr. Parisi was still conducting research on the issue. With regard to Tamalpais, Mayor Boro noted it would be Class III at the beginning; however, he recalled that once SMART's plans became more final staff would look to do something at that point. Mr. Nordhoff stated that SMART had a full set of engineering work they needed to do, including the downtown corridor, and staff was working with them on that. With regard to the flooding problem, he confirmed for Mayor Boro that SMART was obligated to replace that bridge and staff was working with both TAM and SMART in coordinating a lot of these engineering ideas. Mr. Jones identified the SMART tracks for Councilmember Heller. David Hoffman, Marin County Bicycle Coalition (MCBC), stated that at the beginning of this entire process, the MCBC was openly skeptical of the plan to put bicyclists on Hetherton and fought hard with staff and consultants. He stated they were impressed and the deigns were significantly better than anything they could have envisioned. With regard to bicyclists not stopping, Mr. Hoffman stated that MCBC runs a very successful 'Share the Road' campaign, part of the work being reaching out to cyclists to teach safe cycling. Should cyclists not stop at 'Stop Signs' they encourage the Police Department to issue citations. Noting Mr. Nordhoff indicated SMART had plans and was working in that area, Mr. Hoffman encouraged City staff to be involved with such plans because there was potential for a Class I bikeway down Tamalpais and should this be possible, it would be an even safer proposition for bicyclists. Mayor Boro commented that Mr. Nordhoff had already formed a task force of City staff to meet on a regular basis with SMART. Don Magdanz stated that plans for the North-South Greenway, starting in Sausalito and going all the way up to Cloverdale, were to open the Alto Tunnel at some point to connect with the Marker trail and then, do a fly over the Corte Madera Creek to get to the Larkspur Landing area, from where it was pretty well funded Class all the way through the Cal Park Hill Tunnel. Indicating this would entail a lot of work on the part of the MCBC and local people, he noted that when completed, it would be possible to ride from Mike's Bikes in Sausalito to Andersen Drive, going through three signal lights, with everything else pretty much Class I. He believed there would be substantial bike traffic through San Rafael in the future. Noting Councilmember Brockbank's comments on the difference in the types of cyclists, Mr. Magdanz noted that this facility turned out to be a very good solution for the family cyclist. Regarding commuter cyclists, he believed that coming down from the top of Puerto Suello Hill the vast majority would remain on Lincoln, which would reduce the problem significantly. SRCC Minutes (Regular) 02/17/2009 Page 11 SRCC Minutes (Regular) 02/17/2009 Page 12 Regarding the bicycle boulevard treatments, Mr. Magdanz believed the entire goal was to make the automobiles feel they were in the wrong spot and if this could be achieved they would be observant of bicyclists and pedestrians. Tim Gilbert, Vice -Chair, BPAC, believed this to be a substantial improvement for the pedestrian, able-bodied and disabled. Downtown was a highly pedestrianized area which should continue. SMART and the Transit Center were great generators and he encouraged the City Council to approve the project. Michael Gaspers, San Rafael, believed this to be a short-term project, with the long-term project being a bicycle overpass going from Mission Avenue to the Mahon Creek Path. He believed this should be included in future pilot project moneys. He concurred with Councilmember Heller with regard to bicyclists not stopping at stop signs. His recommendation was to turn right at Fourth Street, not Third Street, and identified his suggested route on a map. Patrick Seidler stated this was the north -south greenway, going from Larkspur to Cloverdale. He shared the concern of cyclists on Netherton and agreed with Mr. Hoffman on the excellent work done by Mr. Mansourian and the consultants. He urged Mr. Mansourian to evaluate something to slow cyclists down. Mr. Seidler suggested including the following recommendations in the Bicycle and Pedestrian Masterplan, which could not be done currently because of time pressures: • Safe accommodation from Hetherton over to West Tamalpais at Mission Avenue; • Similarly at Fourth Street, particularly a Class II bike path in the westbound direction; and • 12 -foot Bridge — bridge relocated to North San Rafael. Francisco Boulevard East Improvement Project — David Parisi, Parisi Associates, stated that this was a different type of project as it was mostly a pedestrian improvement project; however, it was also intended to accommodate the occasional bicyclists. He explained that the sidewalk was 4 -feet wide, was not compliant with the ADA (Americans with Disabilities Act), had obstructions up and down the street and there was no separation from moving traffic. Indicating that the project was in two phases, Mr. Parisi stated that Phase I was between Bellam Blvd. and Vivian Street and was part of the construction package along with the US 101 and 1-580 Bellam Blvd. interchange improvements. Phase 2 was a planning study extending from Vivian Street to Grand Avenue. He noted that with Phase I there had been quite a bit of outreach with the BPAC, property owners, etc., and Phase 2 was just underway with a lot of study to be completed. Design Criteria — • Provide safe and convenient non -motorized facility; • Minimize vehicle conflicts and maximize user safety; • Provide consistent, functional and uniform facility; • High quality facility; • Meet cost and schedule limitations; • Minimize or cause no right-of-way impacts; and • Maintain traffic operations on Francisco Blvd. East. Displaying photographs, Mr. Parisi stated that Francisco Blvd. East was pretty much an auto -oriented frontage road. It was meant to accommodate trucks and cars and had never been designed for pedestrians. He noted that on the Phase 1 segment between Bellam Blvd. and Vivian Street there were four traffic lanes, whereas, the segment between Vivian Street to Grand Avenue had three traffic lanes. Explaining the existing conditions and proposed improvements he stated that the sidewalk would be widened to approximately 9 1/2 feet and provide a 4 -foot buffer which could accommodate a lot of the current obstructions. There would be one through lane in each direction plus a turn lane. Mr. Parisi reported that the traffic on the Phase I segment had been evaluated extensively to understand whether there would be traffic impacts by eliminating part of the second northbound traffic lane. He indicated SRCC Minutes (Regular) 02/17/2009 Page 12 SRCC Minutes (Regular) 02/17/2009 Page 13 that of all the traffic in the p.m. peak period, only 5% - 6% of traffic going northbound was in the outside lane. He indicated that some motorists drive right through the right -turn lanes between intersections causing unsafe conditions; however, most of the vehicles in the outside lane turn right before Tiburon Street. Mr. Parisi did not believe there would be an impact on traffic flow on this street. Mr. Parisi displayed diagrams of northbound lane configurations with existing and proposed conditions, together with northbound p.m. peak hour volumes — existing and proposed conditions. Status of Improvements for Phase 1 — from Bellam Blvd. to Vivian Street - • Currently completing construction plans; • Starting utility relocation work; • The project is being prepared for advertisement, bundled with the US 101 / 1-580 improvements; • Obtaining construction funding • Construction to commence early summer 2009. Mr. Parisi stated that a lot of outreach had occurred on this project. Design Considerations — Phase 2 — Mr. Parisi reported that Phase 2 was longer and more complicated and consisted of Francisco Blvd. East from Vivian Street to Grand Avenue, currently with three lanes: • Pedestrians and occasional bicyclists; • Narrow lanes; • Minimum right-of-way; • Existing sidewalk only 4 -feet wide • Lots of constraints and obstructions, including trees, light poles, signs, etc.; • Commercial driveways; • Loading areas; • San Rafael Yacht Harbor. For clarification Mayor Boro stated that there had been extensive public outreach for Phase I and this phase was before the City Council this evening for action. Phase 2 was being discussed for the first time publicly this evening and the plans were in no way final. Mr. Parisi confirmed that for Phase 2 these were just ideas and outreach would be conducted. Mayor Boro confirmed that the City Council's decision this evening on Phase 2 would be to go ahead and conduct the study and design, for completion by the end of the year; however, a lot of work would be undertaken with the community between now and then. Mr. Parisi displayed photographs of Existing Conditions, Proposed Cross Sections, Examples of Widened Sidewalk, etc., for the Phase 2 project. Mr. Parisi stated that the next steps with Phase 2 were to work with stakeholders. Part of the current work was to finish the research and some of the surveying work, finalize the cross sections, continue to work with other stakeholders and complete construction plans later this fall. Mayor Boro commented that, unlike the other four projects discussed this evening, no funding was available at this time for the construction of Phase 2. Jim Geraghty, Canal neighborhood, stated he rides his bike down this path daily and it needed work. It was not the occasional, but constant bikers on this road and the conditions were horrendous for both bikers and walkers. He noted that Vivian Street to Second Street was the most important part because many living in the Canal neighborhood did not have the ability to obtain a license and depended on bikes, and it would be great to work with the Police Department to make sure people were kept on their bikes. He hoped the City and biking community could find ways to serve the Canal community because block for block they used bikes more than anyone else in the City. SRCC Minutes (Regular) 02/17/2009 Page 13 SRCC Minutes (Regular) 02/17/2009 Page 14 Willie McDevitt, Petaluma, part of the ownership group of 511 Francisco Blvd., stated his concerns only related to Phase I even though their property fronted onto Phase 2. He believed that removing any parking along Francisco Blvd. East would be detrimental to retail uses. Having recently rented the 511 Francisco Blvd. building, he indicated that the renter looked at many of the other buildings along East and West Francisco Blvd. and chose his because of visibility and the availability of parking. He believed it would be detrimental to the City as a whole to create a retail graveyard between Bellam Blvd. and Vivian Street. As an owner of 2301 Kerner Blvd., Mr. McDevitt stated they were concerned that there could be a severe restriction on cars going from either direction of Bellam north on Francisco Blvd. East, and the loop would become more backed up because of these improvements. Mr. McDevitt questioned that if one end of Francisco Blvd. in Phase 2 would have a 6 -foot sidewalk, why 14 - feet were needed in the Phase 1 section. David Hoffman, Marin County Bicycle Coalition, stated that with regard to Phase 1, as far as the Bicycle Coalition was concerned it was good to go. With regard to Phase 2 they were concerned about the width of the sidewalk and he believed comments would be forthcoming from people involved with the Canal neighborhood that the sidewalk was not occasionally, but exclusively, used by bicyclists, and anything that could be done to get as much real estate for bicyclists and pedestrians in that area was imperative. He believed the proposed 6 -foot, possibly 8 -foot sidewalk in Phase 2 was not wide enough. Don Magdanz, stated that the staff report did not indicate there would be any public meetings on the Phase 2 part of the project; however, it was his understanding that there would be some meetings and he wanted to ensure that this would in fact, occur. In Phase 1 the only public meeting the bicycle community was involved with was the BPAC meeting, which was a conceptual issue of "we are going to have to put it on the right- hand side." He wanted to make sure that in Phase 2 that there would be public meetings in order to do this. Appreciating Mayor Boro's comments regarding Phase 1 and Phase 2, Mr. Magdanz stated that the resolution did not specify. It basically stated that everything was done and all five projects would be adopted, and it appeared to him this needed to be re -worded. George Wagner, property owner on Phase 1 and real estate broker involved in bringing many companies to San Rafael, stated he was very familiar with the development process. He had the following issues with Phase 1: • Why was it so narrow — he displayed a picture depicting a lot of the buildings there before 1960. In 1960, the freeway was widened and much of the property along Francisco Blvd. was impacted. They lost 60 -feet of frontage — many other buildings lost a lot of frontage — and it impacted their parking. The City then installed every parking area and driveway. As mentioned by Mr. Mansourian, the frontage road narrows from 65 -feet to 35 -feet and the only way to make this wider for pedestrian access was to eliminate more on -street parking in front of the retailers that were impacted in 1960. • Mr. Wagner stated they also disagreed with the validation process. Having obtained a copy of the Caltrans environmental document that was re -certified and referring to page 14 — community impact — he indicated that there was no input sought from the property owners or businesses. Mr. Wagner stated they were made aware of this in October, 2008 when they were advised by Mr. Mansourian and Ms. Korzun that this was a done deal and "by the way, you're going to lose half the parking on your building." In looking at the validation form Mr. Wagner stated that it made no mention of the impact to the property owners; therefore, he would challenge the findings on that report that was revalidated in 2008. • Mr. Wagner stated that the left -turn intersection modification by the Burger King restaurant would affect approximately 2 million square -feet of property owners. Displaying large pictures he stated that the majority of those property owners that had reduced parking were affected by the 1960 relocation of Francisco Blvd. He displayed additional pictures of current conditions. Based upon the fact that they were at an impasse in terms of the loss of parking at their site, which probably cost them between $500,000 and $1 million, Mr. Wagner stated other properties were also adversely SRCC Minutes (Regular) 02/17/2009 Page 14 SRCC Minutes (Regular) 02/17/2009 Page 15 affected, and he commented that parking made a difference to property values. Because of this, they had circulated a petition and at this point, 90% of all of the business and property owners from Evolution Furniture to Bellam Blvd. had signed it. Submitting a copy of the signed petition, Mr. Wagner stated there was no input on Phase 1 from the property owners, rather they were advised it was a done deal. He noted the property owners were very serious and took a very definite interest. He appreciated that the City had done a commendable job on a lot of the bike paths, some of which were good, some bad and some ugly. Michael Gaspers stated that as a bicycle rider he had written off that part of Francisco Blvd. East., going north from Bellam Blvd to Medway, rather he used an alternate route. As a bicycle rider, he was conceding that part of Francisco Blvd. East, between Bellam Blvd. and Medway, to cars and businesses. As far as proceeding north from Harbor he would like to see the sidewalk widened. Mayor Boro requested staff to comment on the Caltrans environmental document. Mr. Mansourian reported that the information received from the Transportation Authority of Marin (TAM) was that they were leaving the 1-580 design job and dealing with the first phase of Francisco Blvd. East. When they spoke to Caltrans, the Caltrans environmental document was revalidated for the Bellam Blvd. sidewalk widening and also the Francisco Blvd. sidewalk widening to Vivian Street. It did not restrict the City to eliminate any turns or do a sidewalk widening, rather it certified that widening the sidewalk would not have an impact. Mr. Nordhoff stated that the City did not have these documents, rather they were part of the 1-580 project, and as soon as the request was received, staff tried to obtain the documents from the Transportation Authority of Marin as quickly as possible and share them with Mr. Wagner and anyone else interested. Mayor Boro stated his recollection was that for whatever reason outreach apparently was not done by the lead agency in this. San Rafael took it upon itself recently to do the outreach based on the construction work taking place. Mr. Nordhoff stated that Katie Korzun, Economic Development Coordinator, along with Public Works staff was involved with this. Staff had been ensuring that all the property owners in the Phase 1 segment from Bellam Blvd. to Vivian Street had been contacted. Staff had talked to many, none probably more than Mr. Wagner. Noting Mr. Magdanz's concern regarding outreach for the Phase 2 portion of the project, Mr. Nordhoff stated that pages 11 and 12 of the staff report referred to the fact that additional public meeting processes, outreach and design work needed to be done; therefore, there would be intentional notification of all the businesses along the Phase 2 corridor, as well as public processes. Mr. Nordhoff indicated he was working on wording for the resolution. Mindful of the concerns of the business owners in this area, Councilmember Connolly stated that on this project for him it was the issue of public safety. The project was different from the other four. It was a high traffic area, not so much recreational bicyclists or pedestrians, rather often times workers on their bikes could be observed next to a mom with her stroller and a high school student jockeying for space in a very limited area. He believed that in good conscience, as public officials, something had to be done. He believed the plan presented was thoughtful, addressed those concerns, complied with applicable regulations and laws and he was prepared to support Phase 1 as proposed, and essentially, the direction of Phase 2. He believed there would be additional public input and outreach on Phase 2. Councilmember Heller believed Mr. Wagner's property had nine spaces in front and that staff had reached an agreement with him, albeit not a completely happy agreement, rather something that would work traffic -wise. Mr. Mansourian reported that staff suggested converting the 90 -degrees backup into a 45 -degree angle parking, which would cause the nine parking spaces in the front to be reduced to four or five. He also indicated to Mr. Wagner that he would work with him with regard to creating more parking; however, there would be a net reduction in parking spaces in front. Noting that portion in Phase 2 was very dangerous, Councilmember Heller stated she looked forward to Phase 2 as rapidly as possible. SRCC Minutes (Regular) 02/17/2009 Page 15 SRCC Minutes (Regular) 02/17/2009 Page 16 With respect to Mr. Wagner's parking, Mayor Boro confirmed with Mr. Mansourian that there was ample parking behind the building. Mr. Mansourian stated staff also offered to redesign the entire property's parking layout and to analyze the parking requirement for the maximum land use or zoning allowed, with the understanding that under no circumstances would they be penalized when renting in the future should there be a lack of parking. Mr. Mansourian stated that front parking was an issue because properties did not lease very well without it. Mayor Boro noted that Mr. Mansourian would work with Mr. Wagner on securing whatever rights he needed to have with regard to parking being removed from the front and placed in the back. With regard to Councilmember Connolly's comment with respect to this particular roadway and the issues going down Francisco Blvd. East., Mayor Boro stated the reality was that there was very limited right-of-way to deal with. Caltrans had brought the freeway up to the edge of the frontage road. He indicated that this might not be the way the City would like it; however, pedestrian safety would be the number one concern. Bicycle access could be there, but it would not be like anything elsewhere talked about this evening, because without a right-of-way it could not be done. Therefore, the priority in this area would have to be pedestrian safety. With regard to the language in the resolution, Mr. Nordhoff suggested the following: Inserting Phase 1 in the title of the resolution - 5) — Francisco Boulevard East, Phase 1 Improvements. Paragraph 4 — item 5) Francisco Boulevard East Phase 1 Improvements. NOW, THEREFORE, BE IT RESOLVED — end of section - .....by Caltrans, except for Francisco Boulevard East Phase 2 design processes which would include additional design options and public outreach. Outside of the resolution to approve the five NTPP projects, Mr. Nordhoff stated that in addition, the City Council might wish to direct staff to return with a plan and proposed scope of work to explore potential improvements of the currently designed NTPP Class III Bikeway at Las Gallinas Avenue, between Nova Albion Way and Northgate Drive, to a Class II Bikeway facility, and other needed improvements within this corridor. Mr. Nordhoff suggested a timeline of 60 days for this proposal. Councilmember Brockbank moved and Councilmember Connolly seconded, to adopt the resolution, as amended. RESOLUTION NO. 12658 — RESOLUTION APPROVING CITY STAFF AND CONSULTANTS' "PREFERRED DESIGN ALTERNATIVES" AND DIRECTING STAFF TO PROCEED WITH PREPARATION OF THE DESIGN PLANS AND SPECIFICATIONS FOR BICYCLE AND PEDESTRIAN FACILITIES FOR FIVE NON -MOTORIZED TRANSPORTATION PILOT PROGRAM (NTPP) PROJECTS IN SAN RAFAEL: 1) PUERTO SUELLO PATH TRANSIT CENTER CONNECTOR (PROJECT NO. 11115); 2) MAHON CREEK PATH TRANSIT CENTER CONNECTOR (PROJECT NO. 11116); 3) TERRA LINDA NORTH SAN RAFAEL IMPROVEMENTS (PROJECT NO. 11118); 4) NORTHGATE GAP CLOSURE IMPROVEMENTS (PROJECT NO. 11117); AND 5) FRANCISCO BOULEVARD EAST IMPROVEMENTS (PROJECT NO. 11114) AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller Mayor Boro expressed thanks to all involved for their great work. SRCC Minutes (Regular) 02/17/2009 Page 16 SRCC Minutes (Regular) 02/17/2009 Page 17 12. 1) RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2008-2009 (FIN) — FILE 8-5 2) RESOLUTION ADOPTING THE MEASURE `S' ADVISORY COMMITTEE REPORT Mr. Nordhoff stated that some in-house work was taking place on revising and improving the goal setting and reporting process. In beginning the next two-year budget cycle staff would be exploring ways of refining the amount of information presented to the City Council, segregating City Manager items from public items. Indicating that progress was being made on many fronts, Mr. Nordhoff stated that as would be seen on completion of Ms. Mosser's presentation, staff was requesting that some additional vacant positions be frozen. The City was at a place of shrinking the organization; however, it took people to provide services. Therefore, the opportunities to take on new things came at a price of deciding what to do less of or drop. Mr. Nordhoff stated it was worth noting that some issues arose that were not on the radar a year and a half ago, e.g., the SMART train program passed, which up until last November had just been a thought and process. Now that it was here, a lot of work needed to be done, specifically by City staff, for which no dollars were being derived. It was also important to note accomplishments. Cindy Mosser, Finance Director, reported that annually, the Finance Department conducts a mid -year review of the City's financial status. In adopting the July 2008 budget, staff used several different remedies to balance the budget, such as freezing 6 positions, reducing reserves in workers' compensation and liability funds and also using the library's transaction based revenues. Ms. Mosser indicated that since July, major economic changes occurred that required the City to modify the adopted revenues and expenditures. As an overview of operating costs, Ms. Mosser reported that December's General Fund hit the 50% target with most departments at or below the 50% expenditure target. She highlighted the revenue changes: • $1.6 million tax revenue decrease — Sales Tax reductions of $1 million and the back -fill amount of $500,000. These changes were due to the estimates received, together with closure of several dealerships, stores and restaurants. A decline of $100,000 in the Transient Occupancy Tax was also noted. • Along the economic line, investment income estimate reduced by $285,000. • Fire Prevention Review Fee revenues decrease of $160,000, due to the timing and staffing of the program. Beside some grant and project adjustments, Ms. Mosser indicated there were some minor changes to expenditures: • Contractual agreement with MarinNet, and electricity cost increase of $25,000 for the library. • Personnel change for PARS of $11,000 citywide. Ms. Mosser stated that the changes noted in the staff report brought the General Fund deficit to $2.1 million. The City Manager had brought forth many recommendations for Council approval to begin to tackle budget problems, including use of reserves, freezing open positions and reducing support to other funds. These recommendations were noted on Exhibit III on page 11 of the staff report — Mr. Nordhoff would highlight some of them. Ms. Mosser indicated that many of these recommendations were one-time in nature and were not sustainable. Ms. Mosser reported that going through Fiscal Year 2008-2009 and beyond, many difficult decisions would have to be made. The economic realities were rapidly decreasing the City's revenue base. While the Federal Stimulus Package could have some project dollars for transportation, no operating dollars were available. Also, the state budget deficit which currently was not taking away any Proposition 1 A money, was delaying some payments for gas tax, etc. Measure `S' Advisory Committee — Ms. Mosser reported that in November 2005, the citizens of San Rafael approved a .5 cent Transactions and Use Tax, which had provided great relief for the City's structural deficit. One of the requirements of this tax was the establishment of an oversight committee. The committee SRCC Minutes (Regular) 02/17/2009 Page 17 SRCC Minutes (Regular) 02/17/2009 Page 18 established guidelines and found that the Measure `S' revenues were properly used to maintain funding for critical services; however, they noted concern regarding the freezing of positions in 2008-2009, while also noting that other revenues declined. Ms. Mosser indicated that the report was attached for Council approval. Ms. Mosser reported that since the committee met on December 9, 2008 the revenues estimate provided to them had drastically changed; therefore, she was planning on meeting with them within the next month to discuss the changes outlined in the staff report. She noted that committee member and Chair, Larry Luckham, was present this evening and could answer questions. Ms. Mosser stated that this report was compiled with the assistance of all departments and with special assistance from Accounting Supervisor Van Bach and Accountants Carl Tregner and Helen Yu. Larry Luckham, Chair, Measure `S' Committee, stated that when the committee met in December there was a pretty balanced budget and it went without saying that, were it not for the Measure `S' money, the City would be in far deeper trouble. The committee did have concerns about staff cuts and frozen positions. This had nothing to do with Measure `S' money, rather it was general economic conditions. The situation had declined since the December meeting and Ms. Mosser had volunteered to meet again. He noted the committee's typical schedule was to meet a couple of times annually; they reported to the City Council twice annually; however, they would do a mid-term of the mid-term review in a month to assess the latest revisions of the budget and would report back, should the City Council direct. Mr. Nordhoff stated that prior to taking action he wished to ensure that should anyone have specific questions on the list on page 11 — Exhibit III — they had an opportunity to address these. He stated it was worth noting at the bottom of the table that staff had not come up with all the answers; therefore, they would return to the City Council with some regularity as more opportunities were uncovered. Mayor Boro stated that this approach was discussed at the Council Retreat at Falkirk recently. The use of reserves was discussed and Mr. Nordhoff had explained that the reserves being used were moneys that became surplus this past year, while still maintaining the reserve level in place at the beginning of the year. He indicated that unfortunately, this meant that items such as improving the sound system in the Council Chambers and more aggressively pursuing the vegetation management program, etc., could not be done because those dollars were being spent by using these reserves. Noting current reserves of $3.1 million, Mayor Boro stated that should there be any type of natural disaster, such as flooding, that money could be used very quickly. There remained a deficit of $473,000 which could be removed by obtaining more revenue or offering more cuts. Councilmember Heller expressed disappointment at the removal of sidewalks from the budget yet again. Mr. Nordhoff stated that Community Development Block Grant moneys had been allocated for several years. A fairly good sized pot of funds had been accumulated to be able to do a number of ADA related improvements; however, literally $1 million annually would be needed to replace the sidewalks that everyone sees and uses with regularity throughout the community. This was a further category in a series of items that was piled into the unfunded infrastructure group. Councilmember Heller stated that someone was needed to search for grants in the capital to ascertain whether there was anything that could be used. Mr. Nordhoff recalled that several months ago there was discussion that one of the resolution possibilities was looking at the responsibility for these sidewalks and deciding whether there was a different direction to go to try to obtain more traction on making improvements; however, at that time there was no desire to move forward. While this work was not lost, no action was being taken at this point. This would be a citywide, comprehensive solution, on which many cities had already taken action. While usually not overly critical of the nation and state's partisan gridlock and divide, Councilmember Brockbank commented that one could not help contrasting this with the job being done by staff. Headlines in the newspapers were dominated by the inability to do anything for weeks and months at a time, yet in San Rafael, a very civilized conversation took place a few weeks ago, which was immediately translated into action. There was broad, congenial consensus, that this would save money into the years to come and, painful as it was, staff would keep doing this every couple of months, for which he expressed thanks. SRCC Minutes (Regular) 02/17/2009 Page 18 SRCC Minutes (Regular) 02/17/2009 Page 19 Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12659 — RESOLUTION ADOPTING AMENDMENTS TO THE 2008-2009 BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller Councilmember Connolly moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12660 — RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT COVERING THE ACTUAL FISCAL YEAR 2007-2008 GENERAL FUND FIGURES AND REVISED FISCAL YEAR 2008-2009 GENERAL FUND BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller CITY MANAGER'S REPORT: 13. None. COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 14. Marin Enerav Authoritv: - File 271 x 9-1 Councilmember Connolly reported having attended the first meeting of the Marin Energy Authority on February 5, 2009, which lasted over four hours without getting through the entire agenda. This was largely an organizational meeting, considering committees, etc. Navigant Consulting was retained which would help in the process of deciding on the best approach to go out and test the market. It was also agreed to pursue a federal grant through the stimulus process, totaling $63 million. Councilmember Connolly stated it became clear from public comment that the public was very interested in all the facets of the Authority, including how local power looked in Marin potentially going forward, how to pursue energy efficiency ideas, so-called demand side solutions, as well as what should RFPs (Request for Proposals) look like. He indicated that the next meeting was March 5, 2009. Central Marin Sanitation Agency: - File 4-12-7 x 9-1 Mayor Boro reported that the Central Marin Sanitation Agency meeting of a week ago voted 5:1 to direct staff to come up with a work program to begin work on a path to go forward with F2E (Food to Energy). He stated it was very promising and Jason Dow, General Manager, Central Marin Sanitation Agency, would be looking into obtaining federal dollars. There was great concern on the part of two members from Ross Valley about moving forward without knowing the financial impact. Mayor Boro stated he pointed out it was everyone's job to find ways to conserve energy and generate new energy. He anticipated that Jason Dow would report on the steps taken and what was hoped to be achieved. There being no further business, Mayor Boro adjourned the City Council meeting at 11.01 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2009 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 02/17/2009 Page 19