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HomeMy WebLinkAboutCC Minutes 1995-08-21SRCC MINUTES (Regular) 8/21/95 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 21, 1995, AT 8:00 PM Regular Meeting: San Rafael City Council Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Absent: None Present: Albert J. Boro, Mayor Paul M. Cohen, Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session item: CLOSED SESSION AGENDA ITEM - 7:00 PM - CONFERENCE ROOM 201 1. Conference with Labor Negotiator (Government Code Section 54957.6) Negotiator: Suzanne Golt Employee Organization: San Rafael Firefighters' Association The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned item. IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY AUGUST 21, 1995 AT 8:10 PM RE: CLOSED SESSION ITEM City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: COMPLAINT OF CODE VIOLATION AT 20 FRANCIS STREET - File 100 x 9-3-30 Mr. Bruce Mushet, resident of 11 Francis Street, asked to speak before the Council on behalf of the residents of his Gerstle Park neighborhood regarding a problem of drug dealing and bomb building activity at 20 Francis Street. Mr. Mushet reported there had been five years of constant drug dealing from this residence, resulting in two major police busts that included Sheriff's Deputies and the San Rafael Narcotics Task Force. Mr. Mushet stated the mother, who is the property owner, along with her two sons and daughter, had been arrested for possession of narcotics and occupying a home for illegal uses, and he noted that both sons were currently in prison, one for narcotics and the other for possession of a bomb and narcotics. He noted that since the mother and daughter had been released, there had been a drug overdose on the premises requiring the response of the police and paramedics, and most recently, stolen property had been found at the house. Mr. Mushet stated that the neighborhood residents felt the quality of their lives, as well as the value of their property, had plummeted. He reported loud bellowing arguments, as well as physical violence including knives and other weapons, occurred constantly, and that cars burning rubber, honking loudly and gunning their engines late at night made it impossible for the residents to have undisturbed sleep, preventing them from functioning normally. Mr. Mushet stated he and the other residents were in constant fear for their children, pets, and property. He also reported there were numerous health violations, noting piles of garbage were all over the property, the stench was intolerable, and rats had become a problem. He stated there were abandoned cars on the property, and auto repairs were being done at all hours of the day and night. He noted the residents were also concerned about the automobile chemicals that were being stored on the premises which could be a fire hazard. Mr. Mushet stated the residents had been informed by the arresting officers that inside the house were exposed wires, missing floors and debris piled to the ceiling, preventing safe passage through the rooms. Mr. Mushet reported that thus far the residents had contacted (Assistant) City Attorney Gus Guinan, Code Enforcement Officer Bill Palmer, David Smail from the Environmental Health Department, Watch Commander Kosta, Dan Cantor from the Building Inspector's Office, and (Deputy) Fire Marshal Craig. Mr. Mushet stated the residents were hoping the Council could assist in eliminating this SRCC MINUTES (Regular) 8/21/95 Page 1 SRCC MINUTES (Regular) 8/21/95 Page 2 problem in their neighborhood once and for all. Mayor Boro reported the City Attorney had informed the Council of a number of issues addressed by Mr. Mushet and had already prepared a preliminary report. Mayor Boro stated the Police Department, Fire Department and Code Enforcement were pursuing these issues, and Mr. Mushet would be informed of their findings and actions. CONSENT CALENDAR Councilmember Phillips moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. July 17, 1995 (CC) 3. Resolution of Appreciation for Corporal ADOPTED RESOLUTION NO. 9432 Harry Barbier, San Rafael Police Department, RESOLUTION OF APPRECIATION FOR Employee of the Quarter ending June 30, 1995 HARRY BARBIER, SAN RAFAEL POLICE - File 102 x 7-4 x 9-3-30 DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1995. 4. Resolution Granting Easement for Use of Open This item was pulled from the Agenda. Space -- 163 McNear Drive (PW) - File 2-5-36 6. Resolution Approving Community Development ADOPTED RESOLUTION NO. 9433 Block Grant (CDBG) Agreement for Pickleweed RESOLUTION APPROVING AGREEMENT WITH Park Playground Renovation ($9,000 Allocation THE COUNTY OF MARIN FOR COMMUNITY from 1993) (Rec) - File 147 x 9-3-65 x 9-3-66 DEVELOPMENT BLOCK GRANT FUNDS OF $9,000 FOR PICKLEWEED PARK PLAYGROUND RENOVATION. 7. Resolution Rejecting Federal Crime Bill Grant ADOPTED RESOLUTION NO. 9434 (PD) - File 9-3-30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO NOTIFY THE U.S. DEPARTMENT OF JUSTICE THAT THE CITY WILL NOT BE ACCEPTING FEDERAL CRIME BILL FUNDING. 8. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 5. APPROVAL OF COST INCREASE FOR LUCAS VALLEY INTERCHANGE DESIGN (PW) - File 4-3-203 x 4-8-20 x 9-3-40 Councilmember Zappetini requested further background on this proposal. Public Works Director David Bernardi stated that in October, 1994 he had presented a report to the Council regarding the status of design work for the Lucas Valley Interchange improvements. He noted that at that time it was already known there would be a cost overrun because of additional requirements of CalTrans and the increased consultant time due to the many changes being made. Mr. Bernardi stated this Resolution was a follow-up to his October 3, 1994 report. He noted the overruns have been listed in the staff report showing the work that was required by CalTrans, which included preparation of plans, sheets to cover the lead testing results, testing for environmental SRCC MINUTES (Regular) 8/21/95 Page 2 SRCC MINUTES (Regular) 8/21/95 Page 3 hazards, and the identification of high risk utilities, such as the high pressure gas main the City was required to dig up and locate on the plans. In addition, because of the City's Ordinance and the State's requirements under the NPDES Program, we were required to complete a stormwater prevention plan which showed erosion control methods required to be in place as the project is constructed. Also, CalTrans required the City to revise the plans to comply with the latest highway design manual dated February, 1995. Mr. Bernardi stated that because the project had been going on for such a long period of time, CalTrans required us to meet their latest standards, which necessitated revising the plans. Mr. Bernardi hoped this project would be completed and approved by CalTrans before they required us to go through our plans again and convert everything to metric specifications. Councilmember Heller asked if this was a budgeted item, or would it be coming out of the General Fund? Mr. Bernardi responded the entire project was being funded from traffic mitigation fees. Ms. Heller referred to a letter to Mr. Andrew Preston, from CH2M Hill, stating they had already absorbed cost overruns totaling $20,000. She asked if that amount was included in this report or if it would be an add-on. Mr. Bernardi stated this amount was already included in the report. Ms. Heller asked if a start date had been set for construction, and perhaps an ending construction date? Mr. Bernardi stated these dates had not been set. He stated that although we have the money for the improvements, we did not have the funds to purchase the right-of-way from the Daphne/Bocciocco properties which are currently involved with the development proposal. He reported the project had been laid out so that the right-of-way necessary to construct the off -ramp was in an area that was not to be developed, in any case, by the Daphne and Bacciocco families. He stated the City was hoping they would donate the land to the City at no cost in lieu of having to pay any traffic mitigation fees for their development, because all of their development was tributary to this interchange. Mr. Bernardi stated the City was currently working with the County Planning Department to determine if this would be a feasible alternative for us. Ms. Heller asked if Mr. Bernardi felt that 3-5 years would be a realistic timeframe, and he responded that it would. Councilmember Phillips asked if there was any chance of recovering from CalTrans a portion of those additional expenses needed to meet their new requirements? Mr. Bernardi stated the City could not recover any of the expenses from CalTrans. Councilmember Zappetini asked Mr. Bernardi if this appeared to be the final cost, or was it likely that CalTrans would again issue additional rules which would again increase our cost? Mr. Bernardi stated this was the final cost. He noted the biggest problem was obtaining the Geometric Approval Design, and that once that was done the rest of the plan preparation would pretty much fall into place, because the GAD was the critical point in the plans, affecting all of the major decisions made. He noted now that the City was at this point, he was fairly certain that the project would move very quickly. Mr. Zappetini noted the report stated the cost was an "estimated" $28.5 million, and asked Mr. Bernardi if he felt this was a fairly accurate estimate of the cost. Mr. Bernardi stated this would be the cost. Councilmember Zappetini moved and Councilmember Phillips seconded, to adopt the Resolution approving the cost increase for the Lucas Valley Interchange design. RESOLUTION NO. 9435 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH CH2M HILL FOR THE LUCAS VALLEY INTERCHANGE IMPROVEMENTS PROJECT IN THE AMOUNT OF $138,500. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. RESOLUTION AMENDING THE 1994/95 BUDGET (Fin) - File 8-5 City Manager Pamela Nicolai referred to the last two paragraphs in the report, noting the issue of accrued accounting had come up at the time of the Budget Hearings, but it was later found that this was no longer going to be a requirement. The City wanted to know if we could use this method, even though it was not a requirement. Finance Director Ransom Coleman informed Ms. Nicolai he needed to use this method in order to close the books, and in advance of the Council actually authorizing this, they had put $680,000 into the reserve account using the accrued accounting approach rather than SRCC MINUTES (Regular) 8/21/95 Page 3 SRCC MINUTES (Regular) 8/21/95 Page 4 cash accounting for the previous year, so the fund balance would go up by $680,000. Ms. Nicolai stated this could be reversed if the Council did not feel comfortable with it, but she felt this was an acceptable thing to do, and since it was a one-time accounting shift, she recommended putting it into the capital fund, and later on come back with the worthy but unfunded and those things that need to be addressed. Ms. Nicolai stated she just wanted to be certain the Council understood how and why this was done, and felt comfortable with the way this was handled. Councilmember Heller asked if the City was going to be moving into this type of accrued accounting system. Ms. Nicolai responded this decision would, in effect, state that this would be the way the City would proceed from now on, noting that if the Council were to decide to reverse this in the future, there would be a $680,000 "hit". Ms. Nicolai stated this must be proper accounting standard accounting practice, as it was nearly a mandated procedure. She felt this offered an opportunity to create a way of showing a larger reserve fund in case it was needed, but noted it would only be a one-time event. Councilmember Phillips stated he found this accounting practice to be appropriate for the City, but felt that one month was very arbitrary. He noted there might be some discretion with the accrual of sales tax of June 30th, and there might be issues to look at in the future to fine-tune the procedure. He felt the City was moving in the right direction, and that the capital fund was appropriate. Furthermore, he stated since there was a change in accounting principles, this would show under Fund Balance and not Current Earnings, therefore, it would not distort current period income. Councilmember Cohen stated the only risk would be if the City were required to revert to a cash basis. He felt as long as the City was either required to move to an accrual basis, or at least allowed to make that decision, the City would not be in the position of having a shortfall of $680,000. He noted the only downside to this would be that the Council would be limited in the ability to choose to revert to cash accounting, if, in the future, the standards were changed and the City was required to be on a cash accounting basis. Councilmember Phillips stated he felt it was highly unlikely this would occur because the City was already on an accrual basis, noting this was a general accounting principle and concerned a specific item within our statement, and it would be highly unlikely that the City would have to switch back for a particular item already addressed. Finance Director Coleman stated governmental accounting was now in a transitional phase, noting that at one time the City was entirely on a cash basis and had gradually moved to having most of our expenditures on an accrual basis. He noted some of our revenues and other items are not yet on an accrual basis, and based on discussions he has had with technical standards people, he felt a white paper would be issued within the next several months recommending that the City go even further with accrual accounting. He felt there was very little possibility the City would be asked to go back to cash accounting. Councilmember Cohen stated he felt this was a reasonable and prudent decision the Council was about to make. He noted when this issue was discussed at the Budget Hearings, the Council believed this was being mandated, so he felt the Council was now making the proper decision. Councilmember Phillips asked Finance Director Coleman to return to Council with the five year projection he had prepared, which reflects this change and shows how it impacts with regard to capital. Mr. Coleman noted he would prepare an update, stating there had been some changes since the last update in June, including changes to the budget itself, and possible changes in revenue which may have an impact. Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Resolution amending the 1994/95 Budget. RESOLUTION NO. 9436 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING THE 1994/95 BUDGET. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 8/21/95 Page 4 SRCC MINUTES (Regular) 8/21/95 Page 5 SPECIAL PRESENTATIONS 10. PRESENTATION OF RESOLUTION OF APPRECIATION TO CORPORAL HARRY BARBIER, SAN RAFAEL POLICE DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1995 - File 102 x 7-4 x 9-3-30 Mayor Boro presented the Resolution of Appreciation to Corporal Barbier. Mayor Boro explained that each quarter the City employees select the Employee of the Quarter, noting this was recognition from fellow employees of an individual they hold in high esteem. Mayor Boro stated Corporal Barbier would now be in competition with the employees selected at the end of the other three quarters during the year for the grand prize at year end. Mayor Boro stated that in recognition of being chosen Employee of the Quarter, Corporal Barbier would be awarded $100. 00, and noted a grand prize of $500. 00 would be awarded at the end of the year to the employee chosen Employee of the Year. Mayor Boro cited Corporal Barbier' s many achievements, noting he began as a Cadet in the Police Department, worked in the City Manager's office, and then returned to the Police Department where he is currently serving as a Corporal. Mayor Boro stated he had the pleasure of working with Corporal Barbier's father when he was a Councilmember and at Pacific Bell. Mayor Boro noted Corporal Barbier followed in his father's fine tradition, and congratulated him on being chosen Employee of the Quarter. PUBLIC HEARINGS 11. PUBLIC HEARING - AMENDMENT OF USE PERMIT/ZONING CONDITIONS TO DELETE CONDITIONS REQUIRING ADDITIONAL OFF-SITE PARKING ARRANGEMENTS BETWEEN EMBASSY SUITES HOTEL AND THE ADJACENT CIVIC CENTER NORTH OFFICE AT 100 McINNIS PARKWAY; AP NO. 180-410-07; CITY FILE NOS. Z88- (b) /UP88-0 (b) ; EMBASSY SUITES HOTEL, DENNIS HALE, GEN. MGR., OWNER; THOMAS M. SHERWOOD, ATTORNEY, REP. (Pl) - File 10-5 x 10-3 x 5-1-303 Mayor Boro opened the Public Hearing, noting this item was being continued from the meeting of August 7, 1995, and asked for the staff report. Planning Director Robert Pendoley stated this issue had been presented to Council on April 17, 1995, at which time they considered a recommendation from the Planning Commission to delete the requirement that Embassy Suites provide off-site parking at the adjacent Autodesk property. He noted that at that time Council had been looking for a substitute agreement that would be entirely private. Mayor Boro and Councilmember Cohen were appointed to meet with representatives of the respective property owners, and these discussions resulted in the private parking agreement now presented to Council. Mr. Pendoley stated the Planning Commission recommended approval of the deletion of the requirement for the several permits involved. Mayor Boro invited the public to address this issue. Tom Sherwood, Attorney, addressed the Council on behalf of Embassy Suites Hotel, noting he was available to answer questions from the Council and public concerning this issue. Mr. Sherwood also thanked Mayor Boro and Councilmember Cohen for their efforts in reaching an agreement with the adjacent property owner. There being no further discussion, Mayor Boro closed the Public Hearing. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution approving an amendment to the use permit and zoning conditions to delete the condition requiring additional parking arrangements between Embassy Suites Hotel and the adjacent Civic Center North office at 100 McInnis Parkway. a. RESOLUTION NO. 9437 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AN AMENDMENT TO THE USE PERMIT CONDITIONS THAT REQUIRED A SUPPLEMENTAL PARKING EASEMENT AT 100 McINNIS PARKWAY FOR A RESTAURANT/HOTEL. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 8/21/95 Page 5 SRCC MINUTES (Regular) 8/21/95 Page 6 b. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1555 SO AS TO REMOVE THE ZONING CONDITION THAT REQUIRED A SUPPLEMENTAL PARKING EASEMENT AT 100 McINNIS PARKWAY FOR A RESTAURANT/HOTEL (RE: Z88 -1(b) EMBASSY SUITES HOTEL, 100 McINNIS PARKWAY, AP 180-410-07)" Councilmember Cohen moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1684 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - REQUEST FOR REVIEW OF ANNUAL COMPLIANCE CERTIFICATE CONCERNING DEVELOPMENT AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES RETIREMENT PROJECT LOCATED ON REDWOOD DRIVE NORTH OF SMITH RANCH ROAD) (CA) - File 5-1-290 Mayor Boro opened the Public Hearing and asked for the staff report. City Attorney Ragghianti stated this was an annual request by the operators of the Smith Ranch Retirement Residential Project for the issuance of a compliance certificate pursuant to the applicable provisions of the State's development agreement law. Mr. Ragghianti stated that in 1985 the City entered into a development agreement with the predecessor to the current owners, affecting three lots. He noted only one lot was affected by this particular request, by virtue of two amendments to the development agreement made in 1993, one affecting Lot #5A, the site of the 80 bed skilled nursing facility, and Lot #5B, site of the 98 unit McInnis Park Apartments. He stated this request was for Lot #12 only, the site of the Smith Ranch Retirement Residential Project, and the developer was requesting the issuance of the certificate indicating they had complied with all of their duties and obligations under the development agreement. Mr. Ragghianti referred to a letter dated June 22, 1995 from the applicant's attorney to the Mayor and City Council in support of the request. The letter outlined what had been done over the previous year, primarily in attempting to sell the units, and noted that 192 units had been sold and population at the complex was 230 people. Mr. Ragghianti recommended approval of this request, and noted both the developer's attorney and representative were present, should the Council or members of the public have questions. There being no public discussion, Mayor Boro closed the Public Hearing. Councilmember Zappetini moved and Councilmember Phillips seconded, to adopt the Resolution authorizing the issuance of a Certificate of Compliance pursuant to California Government Code Section 65865.1. RESOLUTION NO. 9438 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH ROAD) AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - ABATEMENT OF PUBLIC NUISANCE: AP11-051-23; AP10-142-24 (OLD QUARRY PROPERTY OFF OF QUARRY ROAD). ACTION TO REMOVE FIRE HAZARDS (WEEDS AND BRUSH). DR. ERNEST T. BOCK, PROPERTY OWNER, ROBERT SPANGLER, ESQ., REP. (FD) - File 3-3-47 x 13-9 x 9-3-31 Mayor Boro opened the Public Hearing and reported the Council had received a report from Fire Chief Robert Marcucci that this matter had been resolved. Mayor Boro expressed his congratulations and thanks to Chief Marcucci and his crew for their efforts in clearing up this matter. Mayor Boro noted that in previous discussions Chief Marcucci had stated that over the long term the Council would need to give Chief Marcucci extended authority to enable SRCC MINUTES (Regular) 8/21/95 Page 6 SRCC MINUTES (Regular) 8/21/95 Page 7 him to better enforce these Ordinances. Mayor Boro asked Chief Marcucci to present a report and recommendation to the Council in the near future. Chief Marcucci responded the City Attorney had already begun working on this issue, and his report and recommendation would be presented to Council shortly. Mayor Boro closed the Public Hearing, noting that no further action was required. COUNCIL CONSIDERATION NEW BUSINESS 14. CITY COUNCIL REPORTS: a. DISCUSSION OF ESTABLISHING AN AD HOC GERSTLE PARK TRAFFIC STUDY GROUP (PW) - File 11-13 x 11-9 x 11-10 Mayor Boro noted this item had been placed on the Agenda at the request of Councilmember Cohen. Councilmember Cohen stated the issue of traffic in Gerstle Park had been of concern in the neighborhood for years, noting it was an issue ten years ago, when he was a member of the Board of Directors of the Gerstle Park Neighborhood Association. Mr. Cohen reported the matter came to a head in 1992 when the Neighborhood Association increased their efforts and again approached the Council, at which time the Council attempted to reach a comprehensive solution to the problems that were addressed. As a result, a number of stop signs were installed in the neighborhood, new signage was developed, and new strategies were explored in an attempt to lower average speeds on "D" Street. It was Mr. Cohen's understanding that the lowering of speed levels on "D" Street have been successful, and the stop signs had been somewhat successful, although some of the residents have ignored them. Councilmember Cohen stated there were other issues that had not been previously addressed, noting these were primarily issues that revolved around "D" Street. He reported the first issue had to do with "D" Street intersecting the downtown area, which also tied into the issue of the one-way circulation patterns in the downtown area, an issue Mr. Cohen felt must be discussed relative to the downtown traffic model to ascertain if there would be a way to reconfigure the odd turn at the intersection of First and "C" Streets. Mr. Cohen felt the other major issue which needed to be addressed referred to crossing "D" Street, noting residents of the neighborhood have repeatedly requested stop signs at this location. Mr. Cohen stated he agreed with staff's continued recommendation that a stop sign might actually exacerbate the problem because of the diversions that would be created, noting drivers would detour through the surrounding streets, spreading the problem throughout the neighborhood. Mr. Cohen reported he had met with Theresa Cox, President of the Gerstle Park Neighborhood Association, several months ago to discuss other issues in the neighborhood, and the traffic issue again came up. They discussed steps that had been taken in 1992 in an attempt to resolve this problem, and she pointed out to Mr. Cohen that the majority, if not all, of the current members of the Neighborhood Association Board of Directors were new, and asked Mr. Cohen to attend a Neighborhood Association meeting and speak to the new Board of Directors. Prior to addressing the new Board, Mr. Cohen had several conversations with Pubic Works Director Bernardi concerning the possibility of installing a traffic light on "D" Street, which had been discussed in 1992 as a possible solution. Mr. Cohen stated this would not be a cheap solution, and in fact, may or may not be feasible. However, after studying the issue for a long time, Mr. Cohen felt this option might hold some promise, and may be the only possibility that offered a solution to providing safe crossing on "D" Street. Mr. Cohen reported the proposal would be to install a traffic light, most likely at the intersection of "D" Street and Bayview, with the light primarily resting on green on "D" Street, but allowing vehicles or pedestrians to trip the light to allow safe crossing. Mr. Cohen stated he had met with the Board of Directors of the Gerstle Park Neighborhood Association, and noted they would very much like to pursue this option. Mr. Cohen stated Assistant Civil Engineer/Traffic Nader Mansourian had also attended the Association meeting to discuss some of the issues, and he informed the group that an updated traffic count and other studies would need to be completed to determine the feasibility of installing a traffic light. Mr. Cohen reported the Neighborhood Association had expressed a willingness to assist the City in these studies. Mr. Cohen stated he felt it was premature to ask the Council to approve a study group until the scope of the study could be determined. He proposed the Council direct Public SRCC MINUTES (Regular) 8/21/95 Page 7 SRCC MINUTES (Regular) 8/21/95 Page 8 Works Director Bernardi to develop a work program to present to the Council within the next month, emphasizing the impact to the department and the cost involved, as well as how the Neighborhood Association might participate, at least in the study, in order to reduce the cost. Councilmember Heller referred to Councilmember Cohen's comment that there were several stop signs in the neighborhood that the residents were not honoring, and asked if that would become a part of the study? Mr. Cohen responded he felt this was really an enforcement issue, and acknowledged it was a real problem, but that he did not know what needed to be done to rectify the situation. He noted having more police officers in the area might cause the drivers to slow down. He stated another suggestion would be a neighbor -to -neighbor approach, noting the stop signs were initially installed not to arbitrarily cause drivers to have to stop, but because the residents in the downhill area felt an unsafe condition existed. However, the residents living uphill have often shown a lack of respect for the stop signs and the safety concern, and Mr. Cohen acknowledged he did not know how to address this "human nature" issue. Mr. Cohen cited Mr. Mansourian's desire to work with the neighborhood and a willingness to communicate with the residents regarding the things that are not working, suggestions for other signage, and other problems the residents felt they wanted to address. Mr. Cohen felt the issue that was left unresolved when the City agreed in 1992 to study this problem was the issue of "D" Street, and he recommended the City focus on "D" Street and determine if there was a way to address a safe crossing of "D" Street, given the traffic volume. Councilmember Heller noted most of the time the people breaking the law were our own neighbors, and she felt the City should work through the neighborhood and attempt to gain cooperation, rather than having to add a traffic light or more stop signs, which would just make people angry and which they would just ignore. Councilmember Zappetini related that while driving through the neighborhood on his way to work, his son had been struck by a driver who had run a stop sign, and two weeks later the same thing happened to his wife at the same intersection. In both instances, they were struck by drivers who were late in taking their children to school. Councilmember Heller felt all aspects of traffic in the area needed to be studied. Mayor Boro suggested asking Police Chief Bob Krolak to discuss increased enforcement, and how it might be accomplished through an on-going program of periodically increasing the police presence in the area. He noted the only way to have respect for the stop signs was through enforcement, but then the residents would become angry with the City because people in the neighborhood were being stopped and issued tickets. Mayor Boro felt this issue involved looking at a broader picture because the area was being used as a cross -county connection, and although he did not disagree with what was being said about the stop signs, he felt the City should have a separate report on the enforcement aspect. Theresa Cox, President of the Gerstle Park Neighborhood Association thanked the Council for considering their request. She stated since she had become involved as President of the Neighborhood Association, the single greatest complaint she had received from the neighbors was the traffic problem, particularly on "D" Street. Ms. Cox acknowledged there were a few new stop signs that had been installed in the neighborhood, but that she had received complaints from the residents that the signs were not being honored. She felt the signs were being ignored by residents of the Gerstle Park neighborhood rather than outsiders. She reported the Association would be running a campaign through their newsletter to raise the awareness of the residents in the neighborhood to the importance of stopping at the stop signs. She felt the stop signs that were currently in place were helping the situation, and she felt much safer. Ms. Cox stated there were many opinions as to the best solution regarding the traffic on "D" Street. She pointed out that the speeding problem on "D" Street was not, in her opinion, caused by residents of the neighborhood, but rather by outsiders commuting to other areas. Ms. Cox stated the biggest complaint she receives from the residents is the lack of safety for the pedestrians, noting the neighborhood is divided by a river of cars that travel through the center of the neighborhood on "D" Street, and that crossing "D" Street to reach Gerstle Park or Short School was not safe for the small children in the neighborhood. Sandy Lollini stated she had worked very hard on this issue four years ago when she was a member of an ad hoc traffic committee, noting the committee SRCC MINUTES (Regular) 8/21/95 Page 8 SRCC MINUTES (Regular) 8/21/95 Page 9 had done numerous traffic studies and presented many recommendations to the City. She referred to an agenda from a committee meeting held in 1992, noting that in January and February of 1993 the City was to have presented a traffic model for the area, which had not been done. She stated her committee had recommended installing stop signs at Antoinette and "D" Streets, San Rafael Avenue and "D" Street, and at Bayview Avenue and "D" Street. The committee had recommended stop signs, as traffic lights are very expensive, and because they felt traffic lights would cause people to view the streets as thoroughfares, causing them to drive faster to beat the yellow and red lights. Ms. Lollini stated that in the past on days when P.G. & E. has had to install temporary stop signs because the power had been disrupted on the stoplight, everyone adhered to the stop sign. She stated her recommendation was to install stop signs at San Rafael Avenue and "D" Street, Bayview Avenue and "D" Street, and study the results. She disagreed with those who say people do not stop at the stop signs, noting they did slow down because they knew the signs were there. She felt this was a precaution that needed to be taken, and stated it would slow traffic down without creating a backlog. She noted that at the time construction had been done on Wolfe Grade, the signs were in place for a long period of time, and this contributed to less traffic on Wolfe Grade and on "D" Street, even after construction had been completed, because the drivers had been warned by the signs to anticipate delays. Ms. Lollini felt that if the drivers were reminded that this was a residential area and not actually a thoroughfare, they would drive more slowly. She felt stop signs would help to accomplish this, and recommended a six month test to study the reaction. Ms. Lollini stated she would not want a traffic light on "D" Street, and would fight such a proposal. She did not feel it was worth the cost, and that a stop sign would serve the purpose. Ms. Lollini stated that although some residents might complain about another stop sign being installed, the main issue had always been the safety of the people in the neighborhood, and it continued to be an issue. She recalled being on the Downtown Vision Committee, which studied and recommended changing some of the one-way streets to two-way streets, and noted no action had been taken on those recommendations during the past five years. She felt it was time to really look at this problem and initiate a trial period with the stop sign and study the results. In order to reduce the cost of such a study, Ms. Lollini stated members of the Gerstle Park Neighborhood Association were willing to assist in counting cars, or in any other ways in which they might be of help. However, Ms. Lollini stated the issue was not about cost at this point, but about safety. She expressed her appreciation to any of the Councilmembers who would support her recommendation of installing stop signs for a six-month trial period. Councilmember Cohen stated it was important to discuss the issue of stop signs and their potential impact, and recommended Mr. Bernardi address this in his report. Councilmember Heller asked if the Council would be considering input from the residents of the neighborhood in the study, and also discussing problems and solutions with them. Mr. Cohen responded that any proposal would require discussions with the residents, as any decision would have an impact on those living in the neighborhood. Mr. Cohen stated a community meeting should be held once the traffic study had been completed. Councilmember Cohen moved and Councilmember Zappetini seconded, to direct Public Works Director Bernardi to work with the Gerstle Park Neighborhood Association in developing a work program for this project, and present it at the City Council meeting to be held September 18, 1995. Councilmember Phillips stated he appreciated that Councilmember Cohen had brought this issue to the attention of the Council, and noted it was helpful to have direct input from the residents of the neighborhood that would be affected by any changes to be made. Regarding the work program, he asked how much of a time commitment would be involved in developing the program? Mr. Bernardi responded he would be ready to present a report at the City Council meeting on September 18, 1995, and that the report would include a time schedule for the different components of the program. He noted there were many different tasks in preparing for an actual recommendation. He estimated it would take at least six to eight weeks just to gather the data, such as traffic delay studies. Councilmember Cohen stated that rather than asking Mr. Bernardi to blindly approve an open ended study of this issue, his motion had been intended to ask Mr. Bernardi to develop a work program defining what would need to be done in order to arrive at an actual recommendation. Mr. Cohen noted this information would allow the Council to decide whether they wanted to go SRCC MINUTES (Regular) 8/21/95 Page 9 SRCC MINUTES (Regular) 8/21/95 Page 10 forward with this issue. Mayor Boro asked Mr. Bernardi to include a cost where the funds might come from, and also traffic lights. Mr. Bernardi stated the conducting for the report, would evaluate traffic lights, and would present a very would actually do compared to a signal Bernardi to include a copy of the June, estimate and suggestions regarding an evaluation of stop signs versus delay studies, which he would be the benefits of stop signs versus clear picture of what a stop sign Councilmember Heller asked Mr. 1992 traffic report. The Councilmembers voted unanimously to direct Public Works Director Bernardi to prepare a work program for presentation at the City Council meeting to be held on September 18, 1995. b. REPORT ON COMPLAINTS CONCERNING ENFORCEMENT OF ORDINANCE 1681 RE: PARKING OF COMMERCIAL VEHICLES - File 11-8 Mayor Boro informed Police Chief Bob Krolak that his office had been receiving numerous telephone calls concerning the newly passed Ordinance regarding abandoned vehicles, particularly commercial vehicles. Mayor Boro felt that at the time the Ordinance was passed the City had been looking at specific problems that existed, such as trailers left unhitched and becoming eyesores, and vehicles that were left for extended periods of time. It had been the intention of the Council that the Ordinance would address these types of situations. However, he stated several business owners have expressed concern over this Ordinance, because the only place they could park their large vehicles overnight was on the street. Mayor Boro acknowledged he knew the Police Department had notified them, but that citations were not being issued unless a complaint had been received. However, he felt some thought must be given as to how to deal with these types of vehicles, because it was not the Council's intention to penalize these companies. Mayor Boro stated he was not asking for an immediate answer, but felt the City might have to consider a permit process or some other procedure which recognized a legitimate use as opposed to the street being used to long term park vehicles in an abandoned manner. Mayor Boro asked Chief Krolak to study this issue and report back to the Council. C. REPORT ON NORTH BAY DIVISION LEAGUE OF CALIFORNIA CITIES QUARTERLY MEETING - File 9-11-1 Councilmember Heller announced the North Bay Division League of California Cities Quarterly General Membership Meeting would be held on Thursday, September 7, 1995. She noted she would be attending the meeting, which will be held in Petaluma. She stated this was a good program, and encouraged anyone who may be interested to contact her. Topics scheduled to be discussed are "The Overall Picture of Future Transportation in the North Bay", and "The On-going Debate of Transportation in the North Bay." d. RE: DOWNTOWN TREE PLANTING PROJECT, THURSDAY, AUGUST 24, 1995 - File 11-6 Councilmember Heller presented fellow Councilmembers with t -shirts in recognition of their private contributions and participation in the downtown tree planting program, to be held at 4:30 PM on Thursday, August 24, 1995. She asked each of them to wear their t -shirt when they are planting trees during the Farmers Market. Ms. Heller noted the help and support received from the entire staff of the City has been phenomenal. There being no further business, the meeting was adjourned at 9:20 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS MAYOR OF THE CITY OF SAN RAFAEL DAY OF 1995 SRCC MINUTES (Regular) 8/21/95 Page 10