HomeMy WebLinkAboutCC Minutes 2011-02-07SRCC Minutes (Regular) 02/07/2011 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, FEBRUARY 7, 2011 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Jim Schutz, Interim City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
Present: Albert J. Boro, Mayor
Greg Brockbank, Vice -Mayor
Damon Connolly, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein,
Nancy Mackle
Employee Organization(s):
San Rafael Fire Chief Officers' Assn. Western Council of Engineers
San Rafael Firefighters' Assn. Local 1 - Confidential
San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Association 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: 8:15 PM
Unconstitutional Wars: 9-1
Rachel Bell read from a document regarding unconstitutional wars.
John Jenkel, Graton, urged the City Council to support ceasing unconstitutional wars.
Councilmember Brockbank moved and Councilmember Heller seconded, to approve the Consent Calendar as follows:
CONSENT CALENDAR: RECOMMENDED ACTION:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE APPROVAL OF THE
MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM: FOLLOWING ACTION:
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
CC 02-07-2011
Approval of Minutes of City Council meetings of
December 20, 2010, and January 3, 2011 (CC)
Resolution Supporting AB 37 (Huffman) Requiring the
California Public Utilities Commission (CPUC) to Allow
Customers to Opt -Out of Wireless Smart Meter
Installations (CM) — File 116 x 9-1
4. Resolution in Opposition to the Governor's Proposal to
Abolish Redevelopment Agencies in California (CM) —
File 116 x 9-1
5. Resolution of Appreciation to Lindsay Martin, Childcare,
Retiring after Forty -Eight Years of Service to the City of
San Rafael (CS) — File 102 x 9-3-65
Minutes approved as submitted.
RESOLUTION NO. 13095
RESOLUTION SUPPORTING AB 37
(HUFFMAN) REQUIRING THE CPUC TO
ALLOW CUSTOMERS TO OPT -OUT OF
WIRELESS SMART METER INSTALLATION
RESOLUTION NO. 13096
RESOLUTION IN OPPOSITION TO THE
GOVERNOR'S PROPOSAL TO ABOLISH
REDEVELOPMENT AGENCIES IN
CALIFORNIA
RESOLUTION NO. 13097
RESOLUTION OF APPRECIATION TO
LINDSAY MARTIN, CHILDCARE, RETIRING
AFTER FORTY-EIGHT YEARS OF SERVICE
TO THE CITY OF SAN RAFAEL
6. Resolution Authorizing Approval of the 2011 Agreement RESOLUTION NO. 13098
with the Orcas Swim Club for the Use of the Terra Linda RESOLUTION AUTHORIZING THE
Community Pool (CS) — File 4-10-172 x 9-3-65 EXECUTION OF THE 2011 AGREEMENT
WITH ORCAS SWIM CLUB FOR USE OF THE
TERRA LINDA COMMUNITY CENTER AND
POOL
7. Resolution Opposing Governor Brown's Proposed
Statewide Elimination of All Local Public Library and
Literacy Funding (LIB) — File 116 x 9-3-61 x 9-1
8. Resolution Authorizing the Public Works Director to
Enter Into Agreements with Miller Pacific Engineering
Group and Rollo and Ridley, Inc. for On -Call
Geotechnical Engineering Services (PW) —
File 4-3-517 / 4-3-518 x 9-3-40
Resolution Authorizing the Public Works Director to
Enter Into an Agreement with Meridian Surveying
Engineering, Inc. for Land Surveying Services (PW) —
File 4-3-519 x 9-3-40
10. Adopt Specifications for Routine and Emergency Tree
Services Contract 2011/2011 and Authorize the City
Clerk to Call for Bids (PW) — File 4-1-627
11. Resolution Authorizing the Temporary Closure of City
Streets on Thursday Evenings for the Weekly Downtown
Farmers' Market from April 7 through September 29,
2011 (RA) — File 11-19
RESOLUTION NO. 13099
RESOLUTION IN OPPOSITION TO THE
GOVERNOR'S PROPOSAL TO ELIMINATE
STATE FUNDING FOR PUBLIC LIBRARIES
AND LITERACY SERVICES IN CALIFORNIA
RESOLUTION NO. 13100
RESOLUTION AUTHORIZING THE PUBLIC
WORKS DIRECTOR TO ENTER INTO
PROFESSIONAL SERVICE AGREEMENTS
WITH MILLER PACIFIC ENGINEERING
GROUP AND ROLLO AND RIDLEY, INC. FOR
ON-CALL GEOTECHNICAL ENGINEERING
SERVICES
RESOLUTION NO. 13101
RESOLUTION AUTHORIZING THE PUBLIC
WORKS DIRECTOR TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT
WITH MERIDIAN SURVEYING ENGINEERING,
INC. FOR LAND SURVEYING SERVICES
Approved staff recommendation.
RESOLUTION NO. 13102
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY STREETS
FOR THE WEEKLY DOWNTOWN FARMERS'
MARKET FESTIVAL ON THURSDAY
EVENINGS FROM APRIL 7 — SEPTEMBER 29,
2011
CC 02-07-2011
12. Resolution Authorizing the Temporary Closure of City RESOLUTION NO. 13103
Streets for the 24th Annual Greg Borrelli's May Madness RESOLUTION AUTHORIZING THE
Classic Car Parade on May 7, 2011 (RA) — File 11-19 TEMPORARY CLOSURE OF CITY STREETS
FOR THE 24TH ANNUAL MAY MADNESS
CLASSIC CAR PARADE ON MAY 7, 2011
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS:
13. PRESENTATION OF RESOLUTION OF APPRECIATION TO LINDSAY MARTIN, CHILD CARE, RETIRING
AFTER FORTY-EIGHT YEARS OF SERVICE TO THE CITY OF SAN RAFAEL (CS) — FILE 102 x 9-3-65
Mayor Boro recalled having initially met Ms. Martin on his election as mayor for the first time when she
introduced him to the Child Care program. Noting over 1,200 children currently enrolled in the program, he
stated it was a great service to the Marin County community.
Mayor Boro quoted from the Resolution of Appreciation:
"Lindsay Martin has worked for the City of San Rafael Child Care Division for 48 years, starting off using any
available space and then on to the San Rafael Community Center, to Short School, and to Parkside Preschool"
Mayor Boro commented that there was a Child Care Center in every school in the Dixie and San Rafael School
Districts, together with two preschools.
"Lindsay Martin has made a difference in the lives of over 2,000 children with her ability to teach, inspire, create
and motivate
Lindsay Martin has been a leader for child care professionals by serving as President of Early Childhood
Resources and serving on the Board of the Marin Association for the Education of Young Children
Lindsay Martin had the great honor of representing the City of San Rafael as the 'Employee of the Year' in 1996
Lindsay Martin had the determination to find innovative solutions to problems and to improve programs as well
as inspire professionalism in other employees
Lindsay Martin is a compassionate and thoughtful listener who always treats people with respect
Lindsay Martin makes her teachers feel important by the little things she does every day that are truly genuine
acts of caring."
Mayor Boro stated that the Mayor and City Council of the City of San Rafael, on behalf of the entire community,
wanted to congratulate Ms. Martin for her forty-eight years of outstanding service and wished her a very happy
retirement.
Ms. Martin commended the City of San Rafael for being a forerunner in recognizing and responding to San
Rafael families' needs, noting many cities throughout California looked to San Rafael as being that forerunner.
Indicating she was so proud to be part of Child Care, she expressed appreciation to the City Council and City of
San Rafael for having the foresight and trust to support the program.
Mayor Boro paused the City Council meeting to honor Ms. Martin at a reception in the lobby.
14. PRESENTATION REGARDING DOWNTOWN SAN RAFAEL AND CIVIC CENTER SMART RAIL STATIONS
(CD) — FILE 245
Nancy Mackle, Economic Development Director, explained that train service was expected to return to San
Rafael in 2014 and SMART (Sonoma Marin Area Rail Transit) representatives were in attendance this evening
to discuss plans for the tracks and two stations in Downtown and North San Rafael
Noting City staff had been working with SMART staff for some time and in several ways, Ms. Mackle reported
CC 02-07-2011
that Public Works Director Nader Mansourian was part of the Technical Advisory Committee (TAC) and Fire
Chief Gray was serving on the Life Safety Committee. She noted that as the Initial Operating Segment (IOS)
ends in downtown, the Andersen Drive corridor would not be a subject for discussion this evening. Likewise the
issue of quiet zones through the TAC would not be discussed this evening.
Thanking SMART staff for attending tonight's meeting to present the overview, Ms. Mackle introduced David
Heath, Interim General Manager, John Nemeth, Planning Manager and Alan Zarhadnik, Stations Consultant to
SMART, who would provide a conceptual overview of the project. They would provide an overview of stations,
locations, tracks, schedules, etc. Ms. Mackle noted that a community workshop was scheduled for February 24,
2011 from 5:00 — 7:00 p.m. in the San Rafael Council Chambers.
Ms. Mackle reported that two committees had been formed to evaluate the Downtown and Terra Linda/Civic
Center stations, led by Linda Jackson, Principal Planner, and Rebecca Woodbury, Planning Coordinator. These
committees would eventually present reports to the City Council on both station area plans. A Station Area
Planning meeting was scheduled for February 9, 2011, a workshop was scheduled for March 9, 2011 and the
Redevelopment Citizens' Advisory Committee would hold a hearing on March 3, 2011.
John Nemeth, Planning Manager, SMART, stated that this evening's presentation would focus on the two
station sites; however, should there be broader questions from the City Council SMART staff would attempt to
answer them.
Mr. Nemeth explained that the full SMART project was a rail service running from Cloverdale in the northern end
of Sonoma County to Larkspur. He reported that in November, 2010, in response to the challenging financial
situation being faced, the SMART Board decided on an initial operating segment that ran from Railroad Square
in downtown Santa Rosa to the Marin County Civic Center; however, at the last board meeting this was revised
to include the Downtown San Rafael station. Therefore, the initial IOS would be a rail service from Santa Rosa
Railroad Square to Downtown San Rafael and a ridership update would be presented at the next board meeting
underscoring the importance of the downtown San Rafael station to the overall project.
Mr. Nemeth explained that the Metropolitan Transportation Commission (MTC) recommended deferring
approximately one-third of the multi -use bicycle path within the right-of-way as a cost-saving measure and to
date, the SMART Board had not accepted this; therefore, as of this time, the initial operating segment would
include the multi -use path.
Beginning with the Marin Civic Center Station, Mr. Nemeth explained that the EIR (Environmental Impact
Report) identified a platform on the south side of the tracks, the multi -use path at the north side of the tracks,
connecting to the existing path near McInnis Park, bike plaza and parking, all on property currently owned by
Marin County.
Mr. Nemeth reported that as the station design team, which included architects, structural and civil engineers,
began to look at the location identified in the EIR, concerns emerged — whether the station elements and multi-
use path would fit under the freeway, seismic safety of the over -crossing, objections from CalTrans and general
concerns regarding the perception patrons could have of a station under the freeway, etc. He explained,
however, how the designers succeeded in making the under the freeway option viable and indicated SMART
was working closely with CalTrans to ensure the columns were being isolated properly and doing everything
possible not to interfere with the supporting structure in any way.
With regard to livening up the area under the freeway, Mr. Nemeth reported that an artist and poet had created
some expressions that made the Capitol Corridor Station in Berkeley, which was partly sitting under University
Avenue, a more appealing environment and something similar could be considered for this station. With regard
to the overall site plan, Mr. Nemeth stated it was intended to keep the platform and bike plaza area under the
freeway, as shown in the EIR, and a bus and shuttle turnaround zone was also under consideration. He
believed all of this property would be made available to SMART by Marin County for these functions.
Identifying a parking area in the EIR, Mr. Nemeth reported that Marin County indicated they would like to retain
this property for a permanent farmers' market. Conversations had taken place with Marin County regarding
parking at the Marin Center in a type of shared arrangement situation.
Regarding the Downtown San Rafael station, Mr. Nemeth stated that the EIR showed two tracks entering town
and two outside platforms. He stated that the active tracks south of Third Street did not need to be extended
removing the need for gates and signals and allowing Second and Third Streets and the Bettini Transit Center to
function as usual.
4 CC 02-07-2011
Mr. Nemeth reported that when the designers began work, given the constraints, the need for two tracks was
explored; however, it was concluded that for operational purposes two tracks were necessary.
Regarding the space between East Tamalpais and the Whistlestop Building, Mr. Nemeth reported that various
platform scenarios were explored and it was decided to use two outside platforms minimizing impacts to transit
operations, streets and roads. This presented somewhat of a challenge being relatively close to the Whistlestop
building. Also the over 40 parking spaces would need to be eliminated and SMART had been working with
Whistlestop and City staff exploring areas for parking. He commented that Whistlestop was in the process of
deciding whether they could remain in the building.
Mr. Nemeth explained that East Tamalpais was identified as a drop-off area for patrons and to stage some small
shuttle vehicles and should this become a reality, SMART would work with the City on implementation. The
standard 15 '/z -foot platform on the east side could be narrowed to 9 -feet, retaining an 8 -foot walkway in front of
the building.
Regarding the timeline, Mr. Nemeth reported that conceptual engineering had been completed and as of
January 28, 2011 preliminary engineering had been completed and the project was moving into the final
engineering phase and getting close to the construction phase, which could begin later in 2011 on the tracks.
Construction would be carried out throughout 2012 and 2013 with vehicle testing in 2014, opening for revenue
service in the fall of 2014.
Summarizing, Mr. Nemeth stated that SMART was interfacing with City staff and the public in a variety of ways.
Station Area planning activities were ongoing and the workshop would discuss the details of station design,
including some furnishings such as canopies, lighting standards, benches, etc. He noted Mr. Mansourian sits
on the Technical Advisory Committee and SMART staff was working on a system safety program plan with a
Life Safety Committee.
Councilmember Heller inquired as to whether construction would begin in Santa Rosa or San Rafael.
Unsure whether it would be geographically specific, Mr. Nemeth stated the phasing would have to do with the
types of infrastructure involved.
Councilmember Heller inquired as to the length of track mileage.
Mr. Nemeth stated it was a 40 -mile initial operating segment.
Mr. Nemeth confirmed for Councilmember Brockbank that the green semi -circle indicated a bike plaza area and
the brown a bus and shuttle turnaround zone, noting Marin County indicated that this property could be made
available to SMART for those functions.
Councilmember Brockbank inquired as to the degree it was SMART's jurisdiction to accommodate space for
parking versus the citizens committees looking at areas around the station.
Mr. Nemeth stated SMART was open to any ideas emanating from the Station Area Planning process, noting
SMART did not own any property in the area.
Understanding that a lot of parking would be needed around the SMART stations in Northern Sonoma, Santa
Rosa, Petaluma and perhaps Novato, Councilmember Brockbank stated he believed San Rafael would be more
like a terminus.
While he did not believe a lot of people would be travelling south from San Rafael, Mr. Nemeth stated that a
number of people might wish to travel north on the train.
Mr. Nemeth confirmed for Mayor Boro that SMART would provide a new ridership forecast at the next board
meeting.
Responding to Councilmember Brockbank's comments on parking, Ms. Mackle reported that in the station area
planning parking being evaluated was not SMART parking, rather parking that could be needed to encourage
housing development or supplement downtown, etc.
Thanking Mr. Nemeth for his presentation, Councilmember Connolly expressed appreciation that the Board had
decided to extend the line to downtown San Rafael as otherwise there would have been serious issues in terms
CC 02-07-2011
of continued public support, and he inquired as to how concrete it now was
Mr. Nemeth explained that staff received formal direction from the SMART Board at the January 4, 2011
meeting that this was to be part of the initial operating segment. He stated that the MTC (Metropolitan
Transportation Commission) indicated that the $22 million in regional Measure 2 funds slated for the project
would not be available unless the project was extended to downtown San Rafael. With a bridge nexus involved
with this funding, the MTC did not consider stopping at the Civic Center was sufficiently close to the Richmond -
San Rafael Bridge or any type of transit service going over that bridge to quality.
Councilmember Connolly inquired as to the current state of planning to get the line to or near the Larkspur ferry
Mr. Nemeth stated that there had been discussions regarding the potential for using Federal New Starts funds
for this; however, he was unsure as to its viability. He believed it necessary to step back and consider the best
way to approach extending further north and south.
Regarding the double rails in downtown San Rafael which was related to the historic railway, Councilmember
Levine inquired whether SMART had evaluated an ideal location or whether this was considered an ideal space
for parking the train. As with building acquisition he inquired whether there could be land acquisition or trades
with interested jurisdictions to have an ideal space for the double rail rather than using the historic rail lines.
Explaining that the location was optimal, Mr. Nemeth stated that breaking the rail alignment out of its current
location would present a much larger challenge. Using the block between Fourth Street and Fifth Avenue, or
utilizing a wooden platform was evaluated; however, it was concluded that the current location was the optimal
one.
Councilmember Levine inquired whether space south of Second street for parking the train would be better
Mr. Nemeth stated that parking trains south of Second Street would necessitate ensuring that cutting through
the Bettini Transit Center would keep it operating in a way satisfactory to the Golden Gate Bridge District and
Marin Transit. It also afforded the benefit of not having to deal with this issue right away.
Councilmember Levine stated it could free up space for passenger drop-off, parking, and other impacts that
having the second rail line in the middle of that area took away and eliminated for downtown. He suggested
that, while further consideration should be given to that space, the visibility of a train was also a positive.
Mr. Nemeth noted that ultimately when the train was extended to Larkspur trains would not be parked for long
periods of time.
Councilmember Levine stated it was difficult to plan for extending the train to Larkspur.
Mr. Nemeth stated that this was a good place in the interim and operationally with two tracks.
Mayor Boro commented that with the change in Congress in the recent election rail line was not a top priority for
the controlling party in the House, which would be an issue. While a forty -mile segment was good, albeit not the
ultimate, it was probably the most significant thing that could be done in the short-term to meet the commitment
of having a train by 2014.
Having heard a presentation on SMART by Dick Spotswood a couple of weeks ago, Councilmember Brockbank
inquired whether SMART had any response to the two big questions where Mr. Spotswood believed SMART
"had missed the boat" and was costing too much:
1) Why the tall platforms for each station; and
2) Why buy trains instead of leasing them for a lot less, at least initially.
Responding Mr. Nemeth explained that platforms were a small fraction of the total project costs and not a lot of
savings would be gained by reducing them, noting that of the total station budget of $32 million, platforms
accounted for $4 million.
Regarding leasing equipment, Mr. Nemeth stated SMART staff had done an analysis and determined that the
very attractive deal received from Sumitomo for the purchase of vehicles was the best option.
SMART Interim General Manager David Heath stated that leasing had been looked into extensively and Bank
CC 02-07-2011
of America was the only financial institution currently doing equipment leasing over $50 million. The other
constraint was the length of time — eighteen years - remaining in the life of the measure.
Mayor Boro recalled that at the December 2010 SMART meeting when MTC came to the Board, one of the
questions on the agenda was to go forward with the purchase, which MTC supported, believing the equipment
being purchased and the bid price were excellent. With MTC making the $22 million commitment SMART staff
was working closely with them with regard to bonds. The partnership with MTC was important and could lead to
other funds in the future.
Mayor Boro stated that SMART meetings rotate between Sonoma County and San Rafael on the third
Wednesday of each month. While the best place to raise issues was at these meetings, he invited anyone with
questions on Mr. Nemeth's presentation to come forward.
Greqory Andrew, San Rafael resident, stated he was very concerned about people using Merrydale or other
neighborhood streets as parking to access the Civic Center station and he would continue to address this issue
with the Station Area Advisory Committee. He suggested that the City Council request SMART to build in
deterrents to parking on the west side of Highway 101, and he inquired about construction staging. Mr. Andrew
inquired as to the City Council's involvement with approval of the stations.
Mayor Boro explained that the stations were part of the EIR certified by SMART. San Rafael had the
opportunity to comment on those locations during the process and recommended approval of the EIR.
Regarding parking, Mayor Boro noted Principal Planner Linda Jackson would take note of this issue.
Don Macidanz, Marin County Bicycle Coalition, expressed appreciation for the bike facilities to be constructed at
the SMART stations. He believed it important to have good covered bike parking, with bike lockers in the future,
should there be a significant growth in bicycle usage.
Mr. Magdanz stated it was important to achieve a good connection between the north/south greenway so that
people could use bicycles to get to the stations, especially with limited parking.
Joe O'Hara, CEO — Marin Senior Coordinating Council (Whistlestop), explained that the organization was a 57 -
year -old non-profit serving Marin County's older adults by providing transportation, meals and a place to go -
the Active Aging Center, adjacent to the proposed SMART platform downtown. Operating at this terrific location
for 40 years, he stated they serve over 5,000 older adults. Mr. O'Hara reported that they had spent the last
three years working with SMART and City staff in an effort to find a solution for Whistlestop to remain at this
location; however, with the loss of parking and the platform being 3-8 feet from the front entrance to the building,
they regrettably reached the conclusion that to run an active aging center with trains would be impossible. Mr.
O'Hara stated that Whistlestop supports SMART and believed it a viable option for transportation for Marin's
older adults; however, having concluded that it would be difficult to run an aging center there, he urged the City
Council to recommend that SMART purchase the building so that Whistlestop could obtain the usable capital to
secure another location to continue this service to the older adults of the City of San Rafael.
Mayor Boro stated Mr. Nemeth was clear this was something SMART wished to pursue further.
Preston McCov, Bicycle and Pedestrian Advisory Committee, stated it was important that there be a connection
between the Rafael Meadows neighborhood and the other side of Highway 101.
Barry Taranto stated that SMART did not address the fact that there was parking at the back of Guide Dogs for
the Blind and the cemetery, currently used by visitors, together with the underutilized parking behind Michael's
in Terra Linda. He also wished to ensure adequate lighting in the area.
Mayor Boro thanked Mr. Nemeth for his presentation and believed he would address parking availability
thoroughly.
all INLos :11_1N10[ela3
15. RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR
REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES TO BE EFFECTIVE
RETROACTIVELY TO JANUARY 1. 2011 (CM) — FILE 4-3-32
Mayor Boro declared the public hearing opened.
CC 02-07-2011
Economic Development Coordinator Stephanie Lovette explained that this was a public hearing on the
maximum allowable refuse collection rates charged by Marin Sanitary Services (MSS) pursuant to the franchise
agreement with the City of San Rafael.
With the City Council's approval, Ms. Lovette stated she would present an outline of the refuse services,
including the proposals and programs and how they fit in with the City's Climate Change Action Plan and the
County Hazardous and Solid Waste JPA. Marva Sheehan, HF&H Consultants, would provide a presentation on
the specifics of the rate adjustments from the Marin Sanitary Service application and their work evaluating the
rate adjustments. Additionally, while representatives from Marin Sanitary Service were in attendance tonight,
they would not make a presentation, the City Council having received a lot of information both at the September
2010 study session and the January 3, 2011 City Council meeting from MSS.
Ms. Lovette explained that San Rafael was a member of the Marin County Hazardous and Solid Waste JPA,
which operates a number of programs for hazardous waste material recycling and which recently adopted a
zero -waste feasibility study. San Rafael adopted a Climate Change Action Plan, which includes some waste
goals and goals related to reducing greenhouse gasses as a result of waste going into the landfill.
Indicating that MSS currently has a 75% diversion rate, Ms. Lovette stated that with the City's construction
recycling requirements and carpet recycling, they anticipated an increase to 78% and with enhanced
commercial recycling, when fully operational an 84% rate increase was anticipated. The proposed residential
food waste program would increase that figure to an 87% diversion rate at the beginning of the program.
Ms. Lovette stated HF&H Consultants estimated that reaching the 85% diversion rate by 2015 would reduce
greenhouse gas in San Rafael by over 33 metric tons — almost 11,000 metric tons over that originally anticipated
by meeting the goals in 2020.
Ms. Lovette noted the Town of Ross, Cities of San Rafael, Larkspur, County area Ross Valley South and Las
Gallinas Sanitary District combined as a franchisers' group, sharing the same franchisee — Marin Sanitary
Service. HF&H Consultants were hired to examine MSS' rate application every year and to provide information
to the City. San Anselmo and Fairfax also participate in this rate information; however, they were not part of the
franchiser's group, having different services.
Ms. Lovette explained that HF&H is hired by the franchisers' group and paid by Marin Sanitary Service to look at
the rate application, which this year amounted to an increase of 6.5% overall and a further 4.39% for food
waste, for a combined total of 10.89%. Staff recommended that this amount be shared across all rate payers
since all participated in the greenhouse gas emissions and the Climate Change Action Plan. Ms. Lovette stated
this would increase the rate of a 32 -gallon can from $24 to $27 — approximately 71 % of San Rafael households
use the 32 -gallon can.
Marva Sheehan, HF&H Consultants, stated that the rate methodology was adopted in 2001. A detailed review
is conducted to evaluate actual expenses on a line -by-line item of Marin Sanitary Service every three years. In
the two interim years they evaluate indexing base year costs, with the exception of disposal and fuel, workers'
compensation, depreciation on trucks or containers purchased during the year, interest costs and JPA fees
allocated.
Ms. Sheehan stated that HF&H performs independent reviews for a number of jurisdictions. Bob Hilton had
been involved for many years with the franchisers' group and this was her sixth year of involvement. She
indicated they concluded that the 10.89% increase was necessary, including the implementation of the
residential food waste collection program — a 6.5% base adjustment, with 4.39% attributable to food waste.
Ms. Sheehan reported that if the cost of residential food waste collection was borne solely by residential and
apartment customers, the increase would have been 16.25% with the commercial rate at 6.25%. As this was a
community process, with commercial recycling imminent, the rate would even out over time.
Ms. Sheehan reported a decline in revenue over the past couple of years due to a reduction in service levels.
Even with a decline in migration from larger to smaller containers a base cost still needed to be covered and the
disposal cost was a small piece of the total operation cost.
Ms. Sheehan noted that, subsequent to applying the 10.39% increase to the Franchisers' Group, the rates
came out in the middle of the other Marin County jurisdictions for both residential and the average 3 -cubic yard
container. Fuel costs were reduced by approximately $91,000, there was an $82,000 increase in benefits due to
CC 02-07-2011
workers' compensation rates, $111,000 of depreciation was subtracted because of a difference between the life
of the vehicles versus MSS' fixed assets system — five year life extended to seven years in the rate application -
and a net decrease of $7,000 in JPA fees interest.
Ms. Sheehan reported that with regard to the cost proposal for the Food Waste Collection program, MSS initially
requested a 5.02% increase, five new routes with trucks and drivers, a part-time outreach person and costs for
public education and outreach. Based on the consultant's review of productivity, it was concluded that four
routes were needed.
Summarizing the rate increase Ms. Sheehan noted:
4.39% for basic operations;
2.11 % Franchise Fees and Projected 2011 Revenue Shortfall; and
4.39% for the new Residential Food Waste Collection service
Ms. Sheehan noted that the apparently large disposal cost was because of an abnormal downward adjustment
in the prior year. She also noted that revenue shortfall was a component of the increase.
Ms. Sheehan reported that the Residential Food Waste Collection Program was set to begin March 1, 2011.
Food waste placed in a green waste can would be delivered to Zamora, CA for processing and because food
waste would be placed in the green waste can, it would be collected weekly.
Referring to slide 18 — Service Level Impacts — Councilmember Levine inquired as to the reason only three
levels were included.
Ms. Sheehan stated that historically most residents used the 32 -gallon can rather than a 20 -gallon can.
Ms. Lovette stated this information was included as Exhibit C to the staff report — Current rate of $21.21 for 20 -
gallon can increased to $23.52 for 2011.
Regarding the decline in revenue from a reduction in service levels, Councilmember Connolly stated it appeared
to him to be the paradox of unintended consequences in that by pursuing the goals of the Climate Change
Action Plan rates increased.
Ms. Sheehan stated this was a result of broader collection — recycling, green waste and food waste.
Councilmember Connolly inquired whether the hauler could make money in the context of reducing waste.
Ms. Sheehan suggested that it could be time to begin evaluating rate structures.
Councilmember Connolly stated he would be interested in at least beginning this discussion.
Councilmember Levine stated he did not see the 20 -gallon can rate included in the low-income rate structure.
Ms. Lovette recalled an old grandfathered program for low income which because of under usage was being
phased out in favor of the 20 -gallon can.
Bill Carnev, Sustainable San Rafael, stated that there should be a full and transparent economic analysis of all
waste operations in San Rafael, including all offsetting revenues received from the sale of recyclable organic
and inorganic waste, ownership and financial structure of the facilities used as part of the waste operation and
the economic reasons not to begin the 20 -year termination of the current franchise agreement. Mr. Carney
stated that Sustainable San Rafael looked forward to Marin County's Waste JPA model template for franchise
agreements, as well as a public process to fold in its recommendations as appropriate. He stated that
Sustainable San Rafael supports the new food waste composting program as a means of reducing carbon
pollution with the following recommended improvements, which he hoped could be phased in as the program
was implemented.
1) To save cost and reduce carbon emissions it will be necessary to continue to actively seek out closer
food waste composting facilities sufficiently large and permitted to handle the food waste;
2) Reduce program costs by requiring that all organic waste be placed in the green bin weekly — inorganic
waste to be placed in the black bins to be picked up bi-weekly;
3) Enable customers to further reduce their costs by providing a smaller can option of 10 -gallons;
9 CC 02-07-2011
4) Empower customers with a full bore educational program to reduce waste with smarter consumer
choices, home composting and other means; and
5) Tier the rate structure to encourage smaller sizes, covering the cost with higher rates for larger sized
bins — those generating the most waste should pay the highest rates.
Mr. Carney suggested at least equalizing the rate paid by people with the smallest cans, those rates to be paid
by those with larger cans. 20 -gallon can users currently pay 37% higher rates per gallon, which he believed to
be unfair and un -ecological. He stated that this easy fix should be done this evening as a signal that next year a
truly progressive rate structure would be expected, comprising progressively higher rates for customers
generating the most waste. Mr. Carney stated that the $3,000 overall shift could easily be borne by all
ratepayers at approximately 25 -cents a can.
Kav Karchevski, San Rafael, stated she was looking forward to being able to dispose of food waste in her green
can; however, she did not understand why black bins needed to be picked up weekly and why smaller cans
were not in use. Attributing the low usage of the 20 -gallon can to residents being unaware of its availability she
suggested detailing the various options in customers' bills; she also favored a 10 -gallon can.
Joan Irwin, Marin Food Scrap Recycling Task Force, stated she supported the rate increase to implement the
Residential Food Waste Collection and Recycling Program. It supported the Marin County zero -waste goals
and she noted that over 20% of existing waste going into landfills was made up of food scraps and food -soiled
paper which could be recycled. She stated it would be important in rebuilding the soil for Marin County and
would also benefit backyard composters since they would be able to include many food scrap items. Ms. Irwin
stated that adjacent counties already involved in this program include, Alameda, Sonoma and San Francisco,
together with Marin cities and districts that started this program a number of months ago — Southern Marin and
Novato, with many others waiting for San Rafael's decision to go forward. She stated her task force was ready
to assist with education programs and she encouraged the City Council to vote in favor of the rate increases.
Bruce Baum, Green Coalition for Responsible Waste and Resource Management, stated there was a question
on whether or not the City was approved to be part of a franchisers group. He stated that the HF&H report only
looked at the regulated entity whereas three entities shared resources, assets and perhaps employees;
however, costs of one regulated entity only were being considered. With cost plus the hauler could put loading
the costs in the regulated company. Conversely, with regard to revenues he believed there were recycling
revenues for every entity of recycling -- page 5 of the HF&H report. He believed the franchise agreement with
Marin Sanitary Service should be looked at and potential franchisees should be asked for something in return.
In looking at the franchise agreement he suggested that perhaps it was time to build in incentives and rather
than cost plus, he suggested looking at the CPI.
Dick Sadler, San Rafael resident, noting no increases in social security cost of living payments for two years,
inquired why the large 11 % increase was retroactive to January, 2011 when the food waste service did not
begin until March, 2011. He commented that the HF&H report did not include any information on the income
Marin Sanitary Service derives from recycling.
Elissa Giambastiani, San Rafael Representative, Local Task Force for Hazardous and Solid Waste JPA, stated
it was imperative that the City Council approve this proposal. The Residential Food Waste Collection Program
would help San Rafael with its Climate Change Action Plan and was mandated as part of the JPA Zero Waste
Management Plan. As was explained, with less garbage and more recycling consumers were paying for the
entire service and she understood Marin Sanitary Service's fees were in the middle of the pack and 8-11 % lower
than in the greater Bay Area. She reported that at her property in Novato she pays $130 every two months for
garbage and in San Rafael, with the rate increase, $100 every two months.
Urging approval of the rate increase and residential waste program this evening, Ms. Giambastiani explained
that San Rafael had always been a leader and this was necessary to meet the zero -waste goals. She stated
that the residential program, multi -residential program and commercial food waste collection program combined
would get San Rafael to the 90% goal.
Indicating that Marin Sanitary Service had been one of the most innovative companies in the world, Ms.
Giambastiani stated that Mr. Garbarino's ideas had been copied by other waste haulers throughout the world.
She stated she was highly insulted by remarks that residents were not getting what they paid for because she
believed the service provided and innovative programs San Rafael had through MSS were exceptional.
Barry Taranto, Terra Linda, stating he was willing to pay a little more to participate in the food waste program;
however, he believed the rate unfair to San Rafael's low-income population. He stated he had been unaware of
10 CC 02-07-2011
the 20 -gallon can. Indicating that the HF&H report did not discuss recycling, Mr. Taranto inquired as to how
much MSS received from this service. He also inquired as to the effect these rates would have on apartment
living and why Las Gallinas Sanitary Service's rates were lower. He suggested public outreach regarding green
cans.
Randv Dodd, San Rafael, suggested a 30 -day notice be provided for rate increases and electronic invoicing,
automatic payments, the ability to pay by credit card and email informational communications be made available
to the public.
Mr. Dodd stated that there were no full-time employees on site to manage garbage cans, etc. in small multi-
family residential buildings and he suggested Marin Sanitary Service work with these types of customers to
resolve these issues.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Ms. Lovette stated that the City was looking forward to the JPA model franchise agreement language to
compare it with the Marin Sanitary Service franchise agreement.
Regarding the rates of the 20 -gallon can and the 32 -gallon can, Ms. Lovette stated it was her understanding that
when the 20 -gallon can was introduced, it was set at 85% of the 32 -gallon can rate and this had been the
experience of every jurisdiction that provided a 20 -gallon can.
Mayor Boro questioned the difference in rates between Las Gallinas and San Rafael.
Ms. Lovette explained that the difference between the costs of Las Gallinas for those residing within the City of
San Rafael and those residing in County areas was the cost of the franchise fee, as Las Gallinas' fee was
lower.
Regarding an educational program for zero waste, Interim City Manager Jim Schutz reported that the JPA Board
at their last meeting approved an extensive public outreach campaign with Hive Advertising that would cover
several types of media.
On the question of seeking out a closer food waste processing location, Mr. Schutz stated his understanding
was that Zamora was the closest permitted facility that could accept the amount of food waste under discussion.
Responding to the issue of picking up the black cans every other week, Ms. Lovette stated it was a state
requirement that cans needed to be collected within a certain period of time.
Pattv Garbarino, President — Marin Sanitary Service, confirmed for Ms. Lovette that the California Code of
Regulations, Title 14, states that putrescible waste needs to be picked up every seven days. Increasing the
green waste to weekly would increase the carbon footprint; therefore, while MSS looked forward to black can
collection every two weeks, it would require the approval of the Department of Environmental Health and
CalRecyles, the former California Integrated Waste Management Board.
Ms. Garbarino stated that a greenhouse gas analysis of Zamora which she had shared with the principals of
Sustainable San Rafael and brought to the City Council during their presentation on January 3, 2011,
demonstrated that Zamora was a superior environmental option as a permitted facility. It was a covered
composting facility capturing greenhouse gasses; the local facility in Sonoma County did not have the capacity
and the new facility in Nicasio was not available to MSS.
Ms. Garbarino stated that the Las Gallinas rates were lower because of long, flat streets, permitting fully
automated vehicles.
Commenting on the 20 -gallon can rate, Ms. Garbarino recalled Bob Hilton, HF&H, suggesting a 15% reduction
to prevent shifting for financial reasons as opposed to the correct reasons. Regarding a progressive can rate
she believed the desired effect would not be achieved and would wind up penalizing a small group of people
who could not afford the cost. She suggested that a 30% recycling rate could have had an impact; however, at
75% the opportunity could already have passed.
Regarding advertising, Ms. Garbarino agreed with promoting the 20 -gallon can rate and apologized to
individuals who were unaware of the smaller size. She stated that MSS advertised in their bills, newsletters and
on their website and she favored some augmentation to the website to allow for emails and moving to an
11 CC 02-07-2011
electronic system. Ms. Garbarino noted that profit was not a guarantee for MSS as there had not been a profit
in four years.
Councilmember Brockbank thanked Ms. Garbarino for her time in educating him to get the answers to his
questions on some difficult issues, including the appropriateness of the evergreen contract and he suggested
finding a way to educate others similarly. Noting some food would be going to composting and some to energy,
he inquired as to which produced less greenhouse gasses and whether in the future, MSS could transition to all
food waste going to the food to energy system. In addition to tiered rates, Councilmember Brockbank suggested
exploring discounts for low income people, charging an extra 1 % for those who could afford it.
Ms. Garbarino stated MSS has a low-income rate which was advertised and she believed the idea of including
the renewable term in the Frequently Asked Questions was a good one. She explained that the only reason for
the renewable term was to get MSS access to the bank and confirmed it did not mean any more money to MSS.
She stated she had a list of 48 other communities in California with a similar clause.
Ms. Garbarino stated that the scientific analysis for CMSA does not allow green waste to go into the digesters.
An analysis was conducted to determine whether residential food waste could be taken from the streets;
however, there appeared to be a significant increase in gas production because of the fleets involved.
Ms. Garbarino stated the challenge in composting was permittable site. She challenged anyone to find a
permittable site in Marin County that would take the volume of waste in question without degrading the
environment; however, other than Redwood and a small site in Nicasio, one did not exist. Indicating that the
realities were shared by all she stated that obtaining a permit from the Water Board, and especially the Air
Board and Waste Board, was herculean. Generally those sites were in the agricultural zone as was Zamora.
Councilmember Brockbank moved and Councilmember Connolly seconded, to adopt the resolution:
RESOLUTION NO. 13104 — RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN
SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL
COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE
RETROACTIVELY TO JANUARY 1, 2011
Mayor Boro stated he looked forward to City staff, MSS staff and the consultant working on the issues raised
this evening.
In looking at the citizen satisfaction survey, Mayor Boro stated he noticed that the San Rafael Fire Department
and Marin Sanitary Service were tied at 91 % satisfaction. While Marin Sanitary Service was a leader in the
industry, he believed there was always more that could be done and he looked forward to that cooperation.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Heller complimented Ms. Lovette on the excellent staff report.
Councilmember Levine thanked Ms. Sheehan for her presentation. With regard to the public education
component he believed the franchiser had some responsibility for why this was advantageous. The franchisee
needed to provide information on why it had been good for the City; however, the City had some responsibility
for telling its story also. He likened the underlying cost for service to the Water District, which had seen as it
embraced progressive tiered rates, that it came back to bite them quite badly. Currently they were experiencing
a very difficult public education period explaining why cuts were made where they were. Councilmember Levine
explained that the cost was not the water, rather the service to get safe water to the consumer and he believed
this is what the City would need to explain in moving closer to zero waste and to embrace tiered rates without
that education would lead to where the Water District currently is.
16. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE
INCLUDING 1) AMENDING SECTION 14.16.370 (WATER -EFFICIENT LANDSCAPE); 21 ADDING SECTION
14.18.045 (DESIGNATED PARKING FOR CLEAN AIR VEHICLES) TO CREATE DESIGNATED PARKING
FOR CLEAN AIR VEHICLES IN COMPLIANCE WITH THE 2010 CALIFORNIA GREEN BUILDING
STANDARDS CODE; AND 3) AMENDING SECTION 14.18.090 (BICYCLE PARKING) TO INCREASE
BICYCLE PARKING REQUIREMENTS FOR NEW NON-RESIDENTIAL BUILDINGS TO CONFORM TO
REQUIREMENTS OF THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE (CD) — FILE
12 CC 02-07-2011
Community Development Director Bob Brown stated that in November, 2010, the City Council approved
changes to the local building code to implement the new Cal Green — California Green Standards Code. A few
changes in the state code would be more appropriately located in the zoning ordinance and would be
implemented and enforced by the planners. These changes were only applicable to new commercial buildings:
• Increasing bicycle parking requirements
• Establishing new requirements for designating a portion of the currently required parking in new
commercial buildings for clean air vehicles
• Lowering the threshold for the amount of landscaping done which would be applicable to the City's
Water Efficient Landscape ordinance
Mayor Boro declared the public hearing opened.
Councilmember Levine inquired as to how this would impact the process the Bicycle and Pedestrian Master
Plan was going through.
Mr. Brown stated that it would not impact the Bicycle and Pedestrian Master Plan as it was geared more
towards the provision of facilities. At some point, staff hoped to return to evaluate more thoroughly the bicycle
parking regulations affecting all types of development, remodels, etc.; however, for immediacy it was necessary
to implement the state requirements.
There being no comment from the audience, Mayor Boro closed the public hearing.
The title of the Ordinance was read:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE
INCLUDING 1) AMENDING SECTION 14.16.370 (WATER -EFFICIENT LANDSCAPE); 2) ADDING SECTION
14.18.045 (DESIGNATED PARKING FOR CLEAN AIR VEHICLES) TO CREATE DESIGNATED PARKING
FOR CLEAN AIR VEHICLES IN COMPLIANCE WITH THE 2010 CALIFORNIA GREEN BUILDING
STANDARDS CODE; AND 3) AMENDING SECTION 14.18.090 (BICYCLE PARKING) TO INCREASE
BICYCLE PARKING REQUIREMENTS FOR NEW NON-RESIDENTIAL BUILDINGS TO CONFORM TO
REQUIREMENTS OF THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE
Councilmember Levine moved and Councilmember Heller seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1892 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
17. Gubernatorial Debate Follow -UP: - File 9-3-30 x 9-1
Interim City Manager Jim Schutz reported that the Gubernatorial Debate project at Dominican University was
officially completed with the receipt of approximately $20,000 as payment in full for City services for the event.
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
18. U.S. Conference of Mavors Meeting: - File 9-1
Mayor Boro reported on his attendance at the U.S. Conference of Mayors meeting in Washington D.C. He
distributed a booklet entitled "Metro Agenda for America" outlining the five major areas of concern to Mayors.
He noted that Community Development Block Grants were in jeopardy with the change of leadership in the
House. Nancy Pelosi issued an assurance that she would do everything possible to retain as much as possible.
President Obama concurred; however noted, compromises would have to be made.
Mayor Boro reported that Mayor Bob Walkup, Tucson, AZ, reported on the incident in his City on January 8,
2011. A resolution on civility was passed and signed by the group which addressed the importance of people's
ability to express themselves while remaining civil to each other, a copy of which would be forwarded to
Congress.
13 CC 02-07-2011
Mayor Boro stated the new Transportation and Infrastructure Committee Chairman John Mica supports the
importance of public transportation and would try to get a 6 -year bill passed this year.
Noting a link between education and jobs, Mayor Boro stated that Siemens, conference sponsor, indicated they
have over 2,000 technical job openings in the United States that they cannot fill. He believed it important to
educate students to be competitive.
Association of Bav Area Governments (ABAG) 501h Anniversary Celebration: - File 9-1 x 111
Councilmember Brockbank, reporting on his attendance at the Association of Bay Area Governments' 50th
Anniversary Celebration two and a half weeks ago, stated that a video had been created about how cities
cooperate in the Bay Area. He believed it would be helpful to view the video and perhaps post it on San
Rafael's website.
Transportation. Communication and Public Works Policv Committee: - File 9-1
Councilmember Heller reported that she attended the Transportation, Communication and Public Works Policy
Committee meeting two weeks ago in Sacramento, at which a very interesting and informational talk was given
by representatives of Pacific Gas & Electric, Southern California Edison and San Diego Gas and Electric on the
future of electric cars.
Lincoln/San Rafael Hill Neiqhborhood Association: - File 9-1
Councilmember Heller stated that she and Councilmembers Brockbank and Connolly attended the Lincoln/San
Rafael Hill Neighborhood Association meeting at which Councilmember Connolly gave a very good
presentation.
Marin General Hospital Advisory Committee on Infrastructure: - File 9-1
Councilmember Connolly reported that he was invited by the CEO of the Hospital District to serve on the Marin
General Hospital Advisory Committee on Infrastructure, along with Supervisor Kinsey and others, to help
provide input on how the process of building a new hospital wing was proceeding.
Leaque of California Cities: 9-1 x 9-11-1
Having testified before a Senate Sub -Committee in Sacramento last week along with City of Santa Rosa
Councilmember Susan Gorin and Ron Gerber, City of Novato Redevelopment Agency, Councilmember Levine
thanked Deputy City Manager Nancy Mackle for her great work in preparing him by providing data for him to
present.
There being no further business, Mayor Boro adjourned the City Council meeting at 11:00 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2011
ALBERT J. BORO, Mayor
14 CC 02-07-2011