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HomeMy WebLinkAboutSPCC Minutes 1991-04-29SRCC MINUTES pecial) 4/29/91 Page 1 'IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 29, 1991, AT 6:00 PM. Special Meeting: CLOSED SESSION 1. Discussion of Litigation and Labor Negotiations - File 1.4.1.a No. 91-7(a) - #2 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 29, 1991, AT 7:00 PM. Special Meeting: San Rafael City Council Also Present: Pamela J. Nicolai, Gary T. Ragghianti, Jeanne M. Leoncini, Present: Lawrence R. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None City Manager City Attorney City Clerk 2. DISCUSSION OF MERRYDALE OVERCROSSING PROJECT (PW) - File 11-1 x 4-13-80 x 4-3-216 x 9-3-40 x 10-2 x 11-16 Mayor Mulryan noted that there are two segments to the staff report - the Public Works and the Planning reports, and asked for the Public Works report. Public Works Director Bernardi then introduced Lloyd Strom, Assistant Director, who made the presentation. Mr. Strom stated that the purpose of this meeting is to reassess the viability of the Merrydale Overcrossing, and to answer questions raised by the north San Rafael Coalition of Residents who have done an analysis of the project, and are concerned about how the project will ultimately serve the transportation needs of this area. He stated that his presentation will be focused on understanding of the dynamics of the project rather than go too deeply into the technical aspects of the analysis. He added that from a staff position, nothing 'up to this point has been submitted by the Coalition or any other source which would indicate that there are any "fatal flaws" in the project or in the design. He defined "fatal flaw", and stated that it does not apply to this project. Mr. Strom then traced the history of the project back to 1978 when the Wilbur Smith & Associates' study was made as part of the Terra Linda Valley Traffic Study. He noted that the design and criteria have been extensively reviewed by CalTrans. Also, the City retained the firm of DKS Associates, traffic consultants, and noted Bill Dietrich was present tonight. Mr. Strom stressed that through all of the studies a fatal flaw has not been identified, and he stated that staff would not hesitate to come to the City Council for reconsideration if any were identified. Mr. Strom then analyzed the purpose of the project, which is to improve the trans- portation system in order to accommodate existing and planned future traffic needs. He noted that the Coalition study focused only on the Freitas Intersection and the Merrydale Overcrossing, and not the regional aspects. He then showed by means of a map how the Overcrossing would interact with the various collector streets and roads, and simplify the regional transportation system. He pointed out the intersections which are recommended to be signalized, and also explained the proposed northbound on-ramp to be constructed north of the Freitas Interchange. He stressed the word "planned" in relation to traffic needs, and stated it does not in any way apply to growth. He stated the purpose is to redistribute the projected traffic over the entire network of Civic Center Drive, Merrydale Road, Los Ranchitos Road, and Las Gallinas Road. He then explained the benefits to north San Pedro Road, and to the northern part of Las Gallinas Road. He stated that the Merrydale/Las Gallinas intersection in Northgate is a concern, noting that it is now under-utilized and while the traffic at that point will be increased, its use will free up greater capacity at other intersections in the area. Mayor Mulryan inquired about the present Level of Service (LOS) at the Merrydale/ Las Gallinas intersection, and Traffic Engineer Rumsey responded that it is presently LOS "A". Mayor Mulryan inquired where would it be after the Overcrossing is built, and Mr. Strom responded it would go to LOS "D". Councilmember Breiner noted that it should be low-level "D". SRCC MINUTES (Special) 4/29/91 Page 1 Councilmember Thayer inquired about the the Overcrossing entry onto Civic Center less than a quarter -mile. SRCC MINUTES pecial) 4/29/91 Page 2 location of McInnis Parkway in relation to Drive. Mr. Bernardi replied it would be Mr. Strom noted that the Coalition speaks of no alternative designs, but that implicit in the creative process of engineering design there has always been an alternative analysis. He stated that possibly the most logical alternative would be use of the railroad undercrossing; however, there are three fatal flaws in this concept. He stated that the geometrics of going from one side to the other would be confusing, and that the Overcrossing is visually self -directing. Another flaw in the under - crossing design is that it would have to be shared with the Railroad and the under - crossing would have to be widened which would be very costly. Also, the City would run into conflict with the Golden Gate Transit and their future plans. Mr. Strom stated he feels that there was a considerable amount of thought which went into this project over the years. He then traced the traffic patterns in the area, and pointed out the various destination points and how they would be affected by the Overcrossing, including the Northgate Mall area, north San Pedro Road, Northgate Industrial area, and the entire Terra Linda Valley to the Civic Center area. He stated that traffic going north of Freitas Interchange would continue to move through that intersection, and that most people in the southern part of Terra Linda Valley would use Merrydale Overcrossing. Mr. Strom then focused on the intersection of Civic Center Drive and Freitas Interchange and stated that it is really two intersections which have been "squished" together and overlap. He stated there is trouble with the left turn onto the northbound on-ramp, and that this movement will be completely eliminated by the Merrydale Overcrossing. He noted that waiting at a traffic signal is less stressful than waiting for a gap in traffic, and they are considering a traffic signal at the Interchange. Councilmember Boro and Councilmember Breiner inquired about the changes in the Freitas Interchange and how they would impact traffic destined for the Redwood Highway frontage road, and Mr. Strom responded that there is nothing which precludes staff from doing a further evaluation of the intersection and improving it at a later date. He added that they will always continue to monitor and evaluate. Councilmember Thayer inquired if Civic Center Drive traffic could still go west over the Overcrossing at Freitas, or would they be prohibited, and Mr. Strom stated that the only left turn being prohibited from Civic Center Drive would be the one for the northbound lane. Councilmember Shippey noted that in connection with the left turn from Freitas onto the Redwood Highway, there was a recommendation to signalize it, and that there are concerns about a potential for backup onto the highway. Mr. Strom responded that they will evaluate the intersection after the Merrydale Overcrossing and determine whether a signal should be installed. He stated the signalization is a minor project compared with the magnitude of Merrydale. He stated the signals do not reduce the delay, but they do reduce the stress level. Mr. Strom discussed the traffic analyses conducted by the Coalition and the City, and stated that since the Coalition's figures were higher than those of the City, staff felt it advisable to have an independent third party review the reports in question, and collect independent traffic data in order to reconcile the differences. To avoid problems, DKS used the methodology used by the Coalition for his analysis, and found that the intersections studied would still operate at LOS "D". He noted that the Coalition counts were done at peak hours, and that in a worst case situation, you do not capture the true figures. He pointed out that the HOV lane was being worked on at the time of the Coalition's study and traffic was utilizing the streets, but that the HOV lane is finished now and traffic is moving much more smoothly. Mr. Strom stated that staff never thought the Merrydale Overcrossing would turn the very difficult Freitas intersection into a perfect intersection, and it will not, but staff believes that it is reasonable to expect that the intersection will operate within the perameters of the General Plan once the Merrydale Overcrossing is completed. Mr. Strom then discussed the funding, which comes from three sources: 1) The traffic mitigation fees collected primarily through the Assessment District, paid by the property owners in the Civic Center area, which is approximately $2.2 to $2.5 million; and 2) The second source, Federal Aid Primary Program (FAP), $1.5 million for the Overcrossing and about $.8 million for the northbound on-ramp. He stated that if this project is unreasonably delayed for any length of time, it is highly likely that the funding will be lost, given the competition for FAP funds at this time. He stated that even more important, this money is for this specific project and cannot be trans- ferred to another project. Also, if it is changed, that funding would be lost. The third method of funding is Federal Aid Urban (FAU) funds, approximately $.8 million, SRCC MINUTES (Special) 4/29/91 Page 2 SRCC MINUTES Special) 4/29/91 Page 3 noting that $500,000 of FAU funds were purchased to supplement the FAP funds, so that the 50% participation rule for Federal funds could be met. He explained that in the interim a new policy on the use of local Federal Aid funds was established, combining several categories into one fund called the Combined Road Program (CRP), but setting strict deadlines for their use. Mr. Strom added that all CRP funds must be obligated prior to the end of the Federal fiscal year on September 30, 1991. He noted that if the Council determines that the Merrydale Overcrossing should be abandoned these funds should be sold immediately, and that the sale of the FAU funds will result in a discount in their value. He concluded by stating that the City cannot ignore the window of opportunity to have a project which is fully funded and has design approval. Planning Director Pendoley then gave a report on the General Plan issues related to the Merrydale Overcrossing. He noted that the Northgate Plan, adopted into the City's General Plan in 1982 and also adopted by Marin County, specifically identified the Merrydale Overcrossing as a needed circulation improvement. The land uses and circulation improvements proposed in the Northgate Plan, with some modifications, provided the basis for General Plan land uses and circulation improvements. Mr. Pendoley informed the Council that a decision to delay or abandon this project would result in General Plan amendments and would have a substantial impact on the environment and would require an EIR (Environmental Impact Report). He stated that the Levels of Service at the intersections discussed would certainly deteriorate without this project. He stated that the General Plan policies affected go back to the Northgate Plan and the Terra Linda Basin as referred to in the General Plan, and as described by Mr. Strom. He stated that the Northgate Plan, which was adopted by both the City and the County, is based on a planned pattern of land uses and a traffic system which can provide adequate traffic for the land uses. He noted that LOS Mid -"D" had been established for the Freitas Interchange in the General Plan, and to support the policies the Merrydale Overpass, traffic mitigation fees and an Assessment District were established, which would ultimately fund the development of the overpass. He stated that several years later, 1986 to 1988, a variety of studies were done as part of the update of the General Plan and all of the circulation policies in the Northgate area were revisited. Land use in particular was studied, as well as the intensity and density of use, and the overall development was reduced slightly for better functioning of the circulation system. He stated that a Citywide policy was established relating to the timing of development, and to the timing and funding of circulation improvements. He added that a series of policies was adopted which said that no development would be allowed to proceed before the circulation improvement were essentially in place or well along the way toward construction. He stated that one of the most important policies in this connection was the Priority Projects Procedure (PPP). He then referred to the Northgate Policy 3, which essentially stated that projects which were contributing to the Assess- ment District, which would raise the fees to build the overpass would be exempt from the Planning provisions and the PPP. He added that exemption was accomplished before the overpass was built; so that if these projects were built out within the Assessment District, the intersection could operate at least at Mid -Level "D". Mr. Pendoley stated staff finds there is adequate capacity at the Freitas Interchange today to service all of the vacant lots which are expected to be developed within the next five years. The balance would be separate - the development of Marin Airport or the development of 200,000 square feet of County office space, which is not under City jurisdiction, or the extension of McInnis Parkway out to either the built -out airport or a built -out St. Vincent's/Silveira property. Mr. Pendoley spoke of the possible policy changes the Council might be asked to consider should they decide to delay or abandon the project. He stated that the Council might wish to lower the LOS, and accept greater congestion at the Freitas Interchange, which would, of course, mean a General Plan amendment. He said he realizes congestion is of great concern to the Council and to the community. He stated another option would be to amend Northgate 3 to say that those projects who have contributed their fees to the Assessment District are no longer exempt and they will have to wait in line for development until the Overpass is built. He noted one problem would be that some of those projects have already been approved for develop- ment, some are under construction, and some are already built, such as Embassy Suites. He stated that another option would be to amend the land use designations. He stated that the intensity and density planned of the remaining parcels have been gauged so that it will mesh with circulation so that there will always be free-flowing traffic with no more congestion than Mid -Level D at the Interchange. He stated there are only a very few vacant parcels which have not yet applied for development. Mr. Pendoley concluded by stating that if Merrydale is not constructed, there will be a continuing deterioration in the LOS at Freitas Interchange, and the rest of the network. He noted that an EIR would have to be performed on these and the other policy changes before they could be implemented as General Plan amendments. SRCC MINUTES (Special) 4/29/91 Page 3 Page 4 SRCC MINUTES )pecial) 4/29/91 Mayor Mulryan asked City Attorney Ragghianti for legal observations regarding what impacts there might be if the Council decided to delay or change this project as was suggested. City Attorney Ragghianti stated that liability on the part of the City for assessments already paid by the members of the Assessment District should the City abandon the Overcrossing project would involve inconsistency with the General Plan and failure to issue building permits to those applicants seeking their issuance. He stated that based on several rulings in Sacramento, all of the assessment funds would have to be returned to the developers, probably with interest from the date the assessments were paid. He stated the liability would result from the inability on the part of the applicants to realize the special benefits which were to be generated by the Assessment District to which the applicants had substantially contributed. He stated if the reason for the assessments was the Overcrossing and it is abandoned, there is no benefit to the property owners and the City would have to return the money. He stated that because of court cases, he does not believe the City would be successful in retaining the funds. Mr. Ragghianti stated that with regard to liability for inconsistency with the General Plan, the Merrydale Overcrossing is mentioned throughout the General Plan, and is an integral part of it. To remove the Overcrossing which is needed for properties already approved as a mitigation measure, and for projects to be approved in the future, would render the land use element and circulation element inconsistent. He stated that when the land use and circulation policies are invalid, the Plan becomes invalid and the City has no legal right to issue discretionary entitlement to anyone coming in and applying. He said it is also possible there would be a General Plan inconsistency suit on permits having been issued to a few previous developers. He stated he believes that removing the Merrydale Overcrossing from the General Plan would render the Plan invalid, and noted the problems with amendments as pointed out by Mr. Pendoley. Mr. Ragghianti pointed out an additional problem, as to what to do with applicants who come to the City while we are considering the General Plan amendments, or alternatives to the Merrydale Overcrossing, and ask for building permits to be issued. He noted that those applicants who have gone through the process and have partially completed projects must be allowed to finish them, but the applicants who have obtained all discretionary approvals but who have not yet pulled their building permits, but who are members of the Assessment District, would have to be issued building permits. With regard to applicants who have received all entitlements, but are not members of the Assessment District, and have not yet pulled building permits, the City might be able to impact them. We might be able to refuse to permit them to continue on the basis of traffic Levels of Service. He stated that with others, the City could impact them if it is necessary to amend the General Plan. Mr. Ragghianti stated that after discussing the issues with the staff, and reviewing the reports, it is his strong recommendation to the Council that they not voluntarily abandon the construction of this Overcrossing and that it would subject the City to litigation and return of assessment funds. Councilmember Shippey stated he feels it will be important to explore if there is any middle ground between approval and complete abandonment, unless the Council is willing to accept the penalties described by the City Attorney. Councilmember Boro clarified with the City Attorney, that for those who are part of the Assessment District, if the improvement goes forward but does not meet its goals, and there is another class of applicants who have not yet come forward and are not part of the District, that a new source of mitigation would have to be found for those applicants to move forward. Mr. Ragghianti agreed. Mrs. Shirley Fischer, Chair of the north San Rafael Coalition of Residents, thanked the Council for having this meeting, stating this project has caused much concern, and very few people in her area were aware of it until a few months ago. She stated that her group of volunteers who conducted the traffic study had spent 600 hours on it. She stated their traffic study figures do not agree with those of the City. She expressed concern about the intersection of Merrydale and Las Gallinas, which is at LOS "A" now, but will not remain so. She added that, in her opinion, Freitas is at LOS "F', and the Merrydale Overcrossing will not improve it, nor relieve the situation. Ms. Fischer objected to DKS' recommendation for a stop light at the Freitas inter- section, which she stated will back up the traffic off Highway 101 coming to Northgate and Terra Linda. She stated the staff report is not a balanced report, and does not mention what the consequences would be if just the undercrossing is constructed. She stated the City will need to review the General Plan and traffic capacity and land use designs or it will find itself looking for traffic solutions. She also noted there is no mention of alternative projects. She expressed her concern that if people have so much trouble getting to Northgate, they will stay on the highway and go to other shopping centers. Mrs. Fischer showed a brief video of the Freitas Interchange area, to illustrate her remarks regarding traffic. SRCC MINUTES (Special) 4/29/91 Page 4 SRCC MINUTES Special) 4/29/91 Page 5 Mr. Irwin Williams of NSRCR agreed with the remarks of Ms. Fischer regarding the Freitas Interchange, and stated he does not think the Overcrossing will work, but will have more congestion and delays. Ms. Bonnie Brown of NSRCR, who has a business in Northgate Industrial Park, spoke of her fear of traveling on Freitas Interchange, and also the Redwood Highway. She recommended that the Council take a second look at the Merrydale Overcrossing. Attorney Albert Bianchi, representing the owners of the Scettrini property and the former Fairchild site, spoke of the consequences of what would happen if the project does not go forward. He agreed with City Attorney Ragghianti's remarks regarding liability if this project does not go forward, and listed the projects which have already been approved and entirely or partly constructed and who have participated in the Assess- ment District. He stated they have a legal right to demand that the City fulfill its part of the contract and build the Overcrossing. He stated that the City is expected to uphold its part of the commitment and perform their part of the contract. He noted that in addition to the cases cited by the City Attorney, there is a case in Los Angeles where it was considered a taking of private property simply because of the City causing a delay. He also expressed concern about the Scettrini property, stating that the owners have a vested Tentative Map, deemed complete by the City. He stated that according to the Subdivision Map Act, even if the City did not go through with the Merrydale Overcrossing the project could still go forward, whether or not it is built. Mr. Bianchi noted the many meetings regarding the General Plan, which started years ago, and the Merrydale Overcrossing which was started in 1978 and was mentioned throughout the General Plan. He stated that if any residents of north San Rafael were not aware of the Overcrossing, it would indicate they did not attend any of the General Plan meetings. Mr. Robert Paul of 9 Elena Circle, Marin Lagoon, stated that in this project, the Council has the opportunity to create leadership and go forward. He stated the proposed plan, while not perfect, will be an improvement. Richard Tarrant, property owner, stated he has operated in cooperation with the City on development of his property, Northview since 1976, with the understanding that Merrydale Overcrossing would go forward. He urged that the Council go forward with the Overcrossing. Brian McLeran of Santa Venetia stated he avoids the Freitas Intersection, and questioned how cars will get onto southbound Highway 101. He stated he considers this a serious flaw. He recommended widening of the underpass and questioned how expensive it would be. He stated it could not cost as much as the Overcrossing. Mr. Strom responded that the southbound Highway 101 configuration would be the same as it is now. With regard to the cost of the widening of the underpass, he said it would be a difficult construction process, more so than building and the Overcrossing. Mr. Bernardi agreed. Mrs. Jean Starkweather, representing the Marin Conservation League, stated that the League (MCL) strongly supports the recommendation of the Coalition. She read from their letter of March 25, 1991, recommending that the City review and revise current estimates of existing traffic and forecasts of future traffic resulting from new development, and revised development plans to the extent required to ensure that future traffic will not exceed the level of service criteria established in the General Plan. Mrs. Starkweather stated that speaking as a resident, she feels there are multi problems, one of which is the Merrydale/Las Gallinas intersection which will impact the driveways for customers coming out of the stores. She also questioned the two left turns to go north on the east side of the Highway. Councilmember Shippey inquired what happens to the old northbound on-ramp when the new one is built, and Mr. Strom responded it will still be there, as an option. Susan Bishop, of NSRCR, speaking for herself, recommended, "Do it right the first time". She stated she feels this is a difficult problem, and should be a community one. Bob Holmes, of the Marin Association of Realtors, stated he heartily supports the recommendation in the staff report, and the remarks made by the City Attorney. He stated that the comment regarding no hearings is totally false, noting that there were many hearings stating that the development was contingent upon the Overcrossing. He stated that the developers are valued members of the community in San Rafael, and they do not "build and run" as has been intimated. He agreed that the Freitas Interchange is difficult, but stated that the Overcrossing will improve the transportation system, and that signalization will improve the situation. He spoke of his experience in Corte Madera and Tiburon in that regard. He urged a speedy conclusion to this project. SRCC MINUTES (Special) 4/29/91 Page 5 SRCC MINUTE. Special) 4/29/91 Page 6 Robert Marx spoke of the dangers at Freitas Intersection, and stated that there is a discrepancy in that new development can be constructed only when the funding is guaranteed. Mayor Mulryan informed him that the funding is there, but there is a deadline. Attorney Cecilia Bridges recommended that the Council be very clear about what the choice is tonight. She stated the Council should consider about proceeding or aband- oning the project for about 8 - 10 years, and the funding will not be available then. Also, if the project is abandoned, the City will have an inconsistent General Plan. She noted that the PPP system would be invalidated, and the City would certainly be facing lawsuits. She outlined the complexities of litigation. Ms. Bridges stated that this has been a very well reasoned recommendation by staff, and the project is well documented over 12 years. She noted that the Coalition has done an excellent job in demonstrating that there is a problem. She recommended that the Council make a decision tonight to proceed with the Merrydale project. Jerome Kuykendall complimented the Council on having this meeting, and complimented the NSRCR on a very good presentation. He stated he does not feel this Overcrossing is the best solution, but he is sure it has been well -studied by engineers. He added he hopes there will not be undue thought given to the fact that the money will be lost if it is not committed by a certain time, because this is not always the case. He stated that FAU funds can be delayed, and that he had worked in that office. He stated that the important thing is to have a good project, even if it means delaying it. Councilmember Boro recommended that the Council hear from DKS who did the independent traffic study. Bill Dietrich of DKS informed the Council that in their study, which was conducted earlier this year, they concluded that the Interchange as a signalized intersection would appear to operate at better than LOS Mid -D. He stated that the Overcrossing would result in improvement of the flow at the Interchange, putting it back into LOS Mid -"D". He stated that the Overcrossing will increase traffic at Merrydale/Las Gallinas, but if that intersection is signalized, it would operate at better than Mid -"D". He stated that, in essence, what their findings show is that they cannot say there are better solutions, but with existing traffic and the planned growth in traffic, traffic can stay at Mid -"D" at the Merrydale/Las Gallinas intersection. He added that he lives in Terra Linda and uses the Interchange every day. Councilmember Thayer inquired about the two exits coming out of Northgate Plaza (Long's and Lucky), and the exits coming out of Northgate 2. She stated if you come out of Northgate Plaza and want to get onto Merrydale Overcrossing you would have to make two left turns. She inquired what these maneuvers would do to the LOS at that point on Las Gallinas. Mr. Dietrich responded, if you come out of the driveway at Goodyear and want to go on the Overcrossing, that would be a difficult move to make. He stated that in off-peak times there would not be a problem. He noted that drive- way is very close to the intersection. Councilmember Boro verified that with the improvements projected at Merrydale/Las Gallinas and with the proposed improvements at Freitas and considering the proposed development, those intersections would both be at Mid -"D". Mr. Dietrich replied in the affirmative. Mr. Boro inquired about eliminating the left turn lane as you come from Terra Linda, going across 101 to go on the Frontage Road, versus signalizing it. Mr. Dietrich stated he would not recommend eliminating it. He said there are three moves in this intersection which create problems in the long term. He said the obvious one is the left turn off Freitas. Another is the traffic along Civic Center Drive and Redwood Highway both north and south. The other is the left turn at Civic Center Drive to go onto Freitas and across the freeway. He stated that all three of these moves are marginal level, but the off -ramp which is free flow operates at LOS "A". He stated he will need to look at signals in this location to keep it in balance. He stated it is better to keep two options than forcing all the traffic down to Merrydale. Councilmember Breiner inquired if the whole parking area in Northgate Plaza should be reconfigured and the driveways going farther to the north. Mr. Dietrich responded there should be consideration of moving the driveway closer to the bus stop, in order to get clearance from the intersection. Mrs. Breiner stated that the driveway from PayLess would be impacted if there are signals at Las Gallinas. Mr. Dietrich stated that the first driveway, closest to the street, would likely be impacted. SRCC MINUTES (Special) 4/29/91 Paeg 6 SRCC MINUTES special) 4/29/91 Page 7 Councilmember Shippey stated that the most difficult in his experience has been at Del Presidio and Northgate Drive. He wondered what the Overcrossing will do to that area, which is farther west. Mr. Dietrich responded that the predominant value of the Overcrossing is to serve either the shopping center itself, or the traffic to the south of Merrydale. He stated it should give some relief from the Critical Moves in the area of Mr. Shippey's concern, and explained by means of the map. Mr. Bernardi reported that staff has had conferences with the property owner at Northgate Plaza, regarding the driveways at Lucky. He stated the owner is looking toward remodeling the shopping center and upgrading it, and this would be very timely. Councilmember Breiner stated she would like to see the reconfigured driveways back on the agenda for discussion. Mrs. Breiner then stated that this is an issue which has been a concern of the Council for a long time. She noted that even though there has been a turnover at CalTrans during the years, the City has been working with their experts. She added that if the City has any commitment to mass transit, the railroad right-of-way has to be left as it is, since this has been a long-term goal which precludes its use. She stated that, more than legal issues she has safety concerns, and if the City does not proceed with the Merrydale Overcrossing as proposed, it will not be cutting down on accidents. She stated she would rather have half a loaf rather than none. She stated that Northgate is healthy, and if there was a truly feasible alternative we might wait a while longer, but everything has been studied about as well as it could be over the last ten years. She stated that if another alternative had come up it would have been studied also, but if the Council does not proceed there will be no opportunities in the future. She recommended reviewing the parcels on the east side and for those which do not have vested rights there may have to be changes in the General Plan. Also, the County's suggestions on their property must be considered. Councilmember Breiner moved and Mayor Mulryan seconded, to direct staff to proceed with the Merrydale Overcrossing Project. Mrs. Breiner noted the tremendous effort by the NSRCR. She added that this project has been scrutinized more than any she can remember, and the Council is not taking this action lightly. She stated that the NSRCR has made an admirable effort. Councilmember Boro stated he appreciates the work done by the Coalition, but it would be to everyone's benefit to understand that this project has been a long continuing process to get where we are tonight. He stated there used to be a feeling that the City would build and the State would take care of traffic, but that is not the way it is today. He reviewed the past process which formed the background, including the mitigation fees for developers, the adoption of LOS "D" at specific intersections, and that the Council has been told that this project will maintain LOS "D". Mr. Boro noted the compliance with the General Plan, and how the PPP process had played a part. He stated that if LOS "D" is not maintained by this project, the City will have to find another mitigation to accomplish it. Mr. Boro noted that the Council had said that if it could be proved that this project will not work, or a better one can be found, it could be reconsidered. He stated that one option tonight is to do nothing and look for a better solution, but he feels the Council has given this project a fair hearing, and it can be improved as we go forward. He stated he supports the project. Councilmember Thayer stated that the Coalition, and the staff, gave excellent present- ations. She stated she does not think that the loss of funding should be the driving criteria as to whether this project will benefit the City. She said it has been pointed out that this will not fix the problem, and she believes there is more study needed as to where people are going and where they are coming from in order to have the best solution. She stated she feels that the Freitas Interchange should be part of the PPP. She added that the trouble with Merrydale, as she sees the problem, will be the Las Gallinas with Del Presidio and Northgate Drive, and with the driveways at the exit from the shopping center. She stated they will be impacted when anything goes wrong. She stated Freitas could still have LOS "F" if the area on the east side is built out. She stated we do not know what is going to happen at McInnis Parkway, nor at the airport, nor for St. Vincent's and the recommendation for a specific plan. She stated there has not been enough coordination between the City and the County, and conditions have changed since this project began in 1978. She stated she is not worried about the money, but if the Council proceeds without examining all other details, we will be making a mistake. Councilmember Shippey noted that this is the 11th hour, and he wondered about revisions. Mr. Bernardi responded that this is the 11th hour, and if the project were changed from this concept, it would go away. SRCC MINUTES (Special) 4/29/91 Page 7 SRCC MINUTE; Special) 4/29/91 Page 8 Mr. Shippey stated that the project will help, but will not solve all of the problems; however, he feels the City is locked in, and does not have an alternative. He stated he would hope that we could find a further improvement which would fix the interchange, but apparently that option is not available to us. Mayor Mulryan stated he is voting for the project, recognizing that it is not perfect. He stated he is convinced that the project will improve the situation, and will have a role in improving traffic. Mayor Mulryan noted that this has not been an under- cover operation, but has been debated in many forms by the Council and Planning Commission. He added that perhaps the people who were unaware were not living here and that is the reason they did not know about it. He noted that by approving this project it allows the City to build on further projects and improve them such as the driveways at Northgate and the signalization. He stated that an alternative would have been to weigh this against some project which no one has defined, so the only alternative would be "No project". He noted that the City has the approval of the County for this project. He stated that the lawsuits would be inevitable if this project was not approved tonight, but that is not the reason for his decision. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None Councilmember Shippey stated this is not the end of this, and he would hope to find improvements. Mr. Bernardi explained that the General Plan requires that the staff monitor improve- ments so that will be done, and the General Plan update will include traffic improvements in this area, so the Council will have ample opportunity to address the signalization. There being no further business, the meeting adjourned at 10:30 P.M. JEANN :'LEONC_, Ci y Clerc , APPROVED THIS DAY OF , 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Special) 4/29/91 Page 8