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HomeMy WebLinkAboutCC Minutes 1995-09-18SRCC MINUTES (Regular) 9/18/95 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 18,1995, AT 8:00 PM Regular Meeting: San Rafael City Council Barbara Heller, Councilmember Gary 0. Phillips, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Acting City Manager Eric Davis, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 6:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items: Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember CLOSED SESSION AGENDA ITEMS - 6:00 PM - CONFERENCE ROOM 201 •Conference with Labor Negotiator - (Government Code Section 54957.6) Negotiator: Suzanne Golt Employee Organization: San Rafael Firefighters' Association •Conference with Labor Negotiator - (Government Code Section 54956.9) Negotiator: Suzanne Golt Employee Organization: Fire Department Mid -managers (Request for Representation) The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned items. IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 18,1995 AT 8:30 PM RE: CLOSED SESSION ITEMS Assistant City Attorney Davis announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: LABOR NEGOTIATIONS WITH SAN RAFAEL FIREFIGHTERS' ASSOCIATION - File 9-3-31 Rick Oltman, San Rafael resident, addressed the Council, urging them to expedite and pass immediately the issue regarding experience for line supervisors. He stated the firefighters were not asking that the requirements for promotion be reduced, but to be at a set standard so that those who supervise them in an emergency situation actually have firefighting experience to direct the people under their command. Mr. Oltman stated this was an issue of public safety, and that public safety begins with the safety of the people the City hires to work in public safety, noting this affects not only the firefighters, but could affect citizens in emergency situations. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION SRCC MINUTES (Regular) 9/18/95 Page 1 SRCC MINUTES (Regular) 9/18/95 Page 2 2. Approval of Minutes of Regular Meeting of Approved as submitted. August 21, 1995 and Special Joint Meeting of September 5, 1995 (CC) 3. Ratification of Resolution of Appreciation for RATIFIED RESOLUTION NO. 9449 - Pamela J. Nicolai, City Manager (CC) RESOLUTION OF APPRECIATION FOR - File 102 x 9-3-11 PAMELA J. NICOLAI, CITY MANAGER. 4. Resolution of the City of San Rafael RESOLUTION NO. 9450 - Establishing Procedures and Criteria RESOLUTION OF THE CITY COUNCIL for Determination Whether Public OF THE CITY OF SAN RAFAEL Convenience or Necessity Will Be Served ESTABLISHING PROCEDURES AND by Issuance of Off -sale or On -sale CRITERIA FOR DETERMINATION Liquor Licenses, Where a Finding of WHETHER PUBLIC CONVENIENCE OR Undue Concentration has Been Made by the NECESSITY WILL BE SERVED BY Department of Alcohol Beverage Control ISSUANCE OF OFF -SALE OR ON -SALE (CA) - File 13-8 x 9-3-16 LIQUOR LICENSES, WHERE A FINDING OF UNDUE CONCENTRATION HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL. 5. Report on Salary Rate for Acting City Manager (Per) -File 7-3x9-3-11 per month to $7,999.88 per month.) 6. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. (15% increase, effective 10/1/95, from $6,956.42 Accepted report. 7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1685 - An Ordinance of No. 1685. the City of San Rafael Adding Chapter 17.30 to the San Rafael Municipal Code Concerning Watercraft Traffic Regulations (PD) - File 144 x 9-3-30 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1686 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property From the PD (Planned Development 1673) District to the PD (Planned Development) District (RE: Z94 -2(b)), Oakview School Site, 70 Skyview Terrace, AP No. 165-010-54) (Re: Montevideo Terrace Subdivision) (PI) - File 5-1-327 9. Resolution Authorizing Execution of Below market Rate Housing Agreement for Montevideo Terrace Subdivision, Oakview School Site, 70 Skyview Terrace, AP #165-010-54, Waterford Associates, Owner (PI) - File 5-1-327 x 229 (OAKVIEW SCHOOL SITE) BETWEEN THE CITY OF SAN RAFAEL, THE HOUSING AUTHORITY OF THE COUNTY OF MARIN AND WATERFORD ASSOCIATES LLC. Approved Final Adoption of Ordinance Approved Final Adoption of Ordinance No. 1686. RESOLUTION NO. 9451 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF A BELOW MARKET RATE AGREEMENT RE: MONTEVIDEO TERRACE SUBDIVISION AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/18/95 Page 2 SRCC MINUTES (Regular) 9/18/95 Page 3 PUBLIC HEARING 10. PUBLIC HEARING - TO CONSIDER A PROPOSED RESOLUTION OF THE CITY COUNCIL AMENDING ITS MASTER FEE SCHEDULE TO INCREASE PLANNING PERMIT APPLICATION FEES AND APPEAL FEES (PI) - File 9-10-2 x 10-2 x 9-3-14 Mayor Boro opened the Public Hearing and asked for the staff report. Planning Director Robert Pendoley reported the Council had last considered the fee schedule for planning applications in July, 1991. He noted that since that time labor costs and the way permits are processed had changed, stating the most significant change was in the way permits are processed, noting more and more permits are either approved at the staff level or the zoning administrator level, which is a less expensive and time consuming way to handle most of the applications that come to the City. Mr. Pendoley stated that for those types of applications he is recommending that a flat rate fee schedule be established. For those applications that would go to the Planning Department or the City Council, he was recommending an hourly rate be set, noting this would be consistent with what other agencies in California have begun doing, including those agencies in Marin County. He reported a survey had been taken of the cities and County of Marin, and this was found to be accurate. Mr. Pendoley stated the recommended rate of slightly more than $60.00 was comparable to the rate charged by most departments in the County. He reported he was not recommending any changes to the fees for design review applications at this time, noting staff was in the process of changing the rules for the design review permits, and felt it would be more appropriate to make changes to those fees when those changes were completed. Mr. Pendoley reported he had spoken to the Chamber of Commerce and the Builders Exchange about the proposed rate increases, noting that both had similar concerns regarding projects that must go for repeat hearings, and are looking for a way to put a cap on the number of hearings that are required. Mr. Pendoley felt the Chamber of Commerce and Builders Exchange were correct, that an equity issue does exist. Mayor Boro referred to the recommended appeal fee increase, from $75 to $100 Mr. Pendoley stated the average appeal to come before the Council requires approximately ten hours of planner time, and at their rates, this would be significantly more than the $100 being recommended. Mr. Pendoley pointed out that with this recommended fee schedule, an hourly fee would not be charged to the permit applicant if he or she were to come before the Council on an appeal; the set appeal fee would be the sole fee to cover the cost of appeal. Mayor Boro clarified the appeal fee would be paid by the person making the appeal and not by the permit applicant, and asked Mr. Pendoley if the $100 appeal fee was comparable to the other juris]dictions? Mr. Pendoley referred to Exhibit "C" of his report, which showed other cities charge much more than $100. Councilmember Zappetini asked how staff would keep track of their time for fees that are based on an hourly rate? Mr. Pendoley responded that in 1991 the Council had given the Planning Department the authority to set hourly rates for some of their larger projects. He explained the planner assigned to such a project was responsible for maintaining a weekly time sheet and logging the hours spent on the project. Mr. Zappetini asked if this meant that the amount of the fee could vary significantly, depending upon the size of the project, and Mr. Pendoley responded that was correct. Mr. Zappetini felt it might establish more control in basing the rate on a per square foot schedule rather than an hourly rate, noting it would be much easier to budget the anticipated cost of a project. He stated an hourly rate might be questioned, and could cause a lot of problems. Mr. Pendoley stated that when using an hourly rate, all time spent on a project must be documented. He reported the biggest constraint on hourly rate schedules was that State law states we can only charge fees that are justified by the amount of work that is done. He explained that when using a flat rate fee schedule, estimated hours worked by the staff members must be shown. He stated there was no correlation between the number of square feet in a building and how much it costs the Planning Commission to process. Therefore, although a general rule of thumb might be that the bigger the project the more likely that it will take more time, a definitive ratio does not exist to prove it, and that is what the law requires. Mr. Zappetini was concerned that without a set fee schedule, the cost to the applicant could far exceed their expectations, possibly leading to court actions. Mr. Pendoley stated he was confident the Planning Department would be able to give the applicant a reliable estimate of the time required and a close approximation of the fee. Mr. Zappetini was still concerned the fee could greatly exceed what the applicant had anticipated. Mayor Boro asked if a procedure was in place to monitor the project to determine whether it was exceeding the anticipated time and expense? Mr. Pendoley stated that in the past when working with an hourly rate schedule, the applicant would be asked for a deposit at the start of the project, and the applicant would be given an estimate of the expected fee at completion. He explained that each time money is drawn from the deposit, the applicant is informed of the amount being used, and updated on how the project is progressing. Mr. Pendoley stated that there had been no problems with the few projects that have been charged an hourly rate, and he felt confident that it can work well. He noted that if a problem were to arise, the applicant would be notified right away, informing them of the problem that had been found and the additional time that would be required. Councilmember Heller referred to the report and noted it appeared as though six or seven other agencies or cities were SRCC MINUTES (Regular) 9/18/95 Page 3 SRCC MINUTES (Regular) 9/18/95 Page 4 already using an hourly rate schedule, and she asked Mr. Pendoley if they had been using this schedule long enough to provide the insight of their experience as to how well it works and what the problems might be? Mr. Pendoley stated some of the other agencies had been doing this for years, and that they felt it was quite successful. Councilmember Phillips stated the concept of billing on an hourly rate schedule was not unique, and felt that as long as it is monitored and supported, and feedback is given to the client, there should not be any misunderstanding. He also felt an hourly schedule would be better for both the applicant and the City, as the applicant would spend more time in preparing the application for submission and it would take less time to process, and more equitable to the City in the instances where a project may take a longer time to complete. Councilmember Cohen asked if a project is appealed, would the applicant be liable for anything other than the appeal fee itself, such as additional fact finding work, that might have to take place? Mr. Pendoley responded it was his recommendation that the applicant be responsible only for the actual appeal fee. Mr. Pendoley acknowledged the concern of the Marin Builders' Exchange that there are projects that go first to the Planning Commission, then to the City Council, and then must often appear again, numerous times, before either or both bodies. Mr. Pendoley stated the Builders' Exchange and the Chamber of Commerce felt the Planning Department should be able to do a good enough job with the staff report and analysis so that after a couple of presentations before the City, all of the facts would be known and the project could proceed. Mr. Pendoley noted there are times when an opponent attempts to drag the project out, and this would offer the applicant a measure of protection from that. Councilmember Cohen stated he agreed with the comment made by the Marin Builders' Association that when charging an hourly rate there must be full disclosure of the charges, and felt it would be prudent to ask for a follow-up report in three to six months from now to review and compare the costs estimated at the time of design review with the actual final costs of upcoming projects. He stated he would like us to be able to give a reasonable expectation of charges to the applicant when we quote an estimate. Mayor Boro declared the public hearing open and asked for comments from the audience. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, addressed the Council, reporting that on September 6th the Chamber of Commerce's Governmental Affairs Committee met with Planning Director Pendoley to review the proposed Planning Department fee increases. Ms. Giambastiani stated the committee was not opposed to the fee increases, and they agreed that when compared to the fees of other cities, the proposed fee increases were fair. She stated the committee was also pleased that some of the recommendations they had made last year regarding the planning process have taken affect, and noted many more projects are being reviewed by the Zoning Administrator's staff, which she felt was a very positive step in streamlining the permit process. Ms. Giambastiani reported the committee had a lengthy discussion with Mr. Pendoley regarding the fairness of having the property owner or developer pay for project delays that might be caused by just one resident who opposed a project. She stated the committee felt there should be some protection for the applicant by placing a cap on the hourly rate charges, and felt Mr. Pendoley's recommendation of a two meeting cap was fair. She noted, however, the issue of return trips to the Design Review Board had not been discussed, and the Committee felt that needed to be considered when reviewing increases in the Design Review fees. Ms. Giambastiani stated the committee disagreed with Mr. Pendoley's recommendation that no caps be extended to the E.I.R., acknowledging that this would be difficult, but noted the sophistication of process delays by anti -development foes has created enormous E.I.R. costs, citing the Buck Center for Research in Aging as an example. Ms. Giambastiani stated the committee had suggested raising the appeal fee from $100 to $500, which she noted was in line with the fee charged by the City of Tiburon and less than the County charges. She felt this would be one way to discourage frivolous project appeals that can become incredibly costly to both the developer and the City, and can derail a project entirely, citing as an example the St. Isabella's project and how much it cost Catholic Charities to proceed with that project through extensive litigation. Ms. Giambastiani stated the committee appreciated being able to discuss these proposals with Planning Director Pendoley prior to them being presented to the Council, and felt the process was mutually beneficial to both the business community and city government. Herb Nienstedt addressed the Council on behalf of the Marin Builders' Exchange, stating Mr. Pendoley and Ms. Giambastiani had addressed several of the issues of concern to the Marin Builders' Exchange. He felt the need to point out that regardless of the cost of the appeal, it does cost money to defend against an appeal, noting that every time an appeal is generated, a time factor and monetary value are assigned to it. In addressing the issue of an hourly rate, Mr. Nienstedt stated that as a result of various challenges that may come forward, a project can very quickly move from a routine project to a very complex and complicated one. Mr. Nienstedt felt Mr. Pendoley had responded as well as he could at this time. He stated the Marin Builders' Exchange had dealt with various agencies who do use an hourly rate, and noted there had been unresolved problems with these agencies. He felt that the various cities probably felt that they were acting properly, but Mr. Nienstedt stated the builders were not happy with many of the outcomes, particularly when the costs keep adding up and the hourly charges keep being assigned and assessed against a project. Mr. Nienstedt felt the issue of the amount of an appeal fee had the aspect of a two-edged sword, noting that if it costs a great deal for someone to challenge a project, SRCC MINUTES (Regular) 9/18/95 Page 4 SRCC MINUTES (Regular) 9/18/95 Page 5 and if the project manager does not like the outcome, it would cost a fair amount of money to try to appeal whatever decision was made. Mr. Nienstedt felt it was a difficult balancing act, and stated he would like to see some kind of balance as to the types of challenges that are being brought forward. He felt if that could be achieved, the other types of costs would even out. Mr. Nienstedt referred to the fee schedule reference on environmental impact fees from the Department of Fish and Game, and noted these fees are no longer in effect and should be removed from the fee schedule. Hugo Landecker addressed the Council on behalf of the Gerstle Park Neighborhood Association, stating he could not believe he had heard the Chamber of Commerce recommend a $500 fee for an appeal, stating a $500 appeal fee would essentially eliminate most appeals. He acknowledged that some appeals may be frivolous, but felt many are very justified. Mr. Landecker noted a $500 appeal fee, for his neighborhood association, would essentially "break the bank", and he stated he supports Mr. Pendoley's proposal of a $100 appeal fee. Shirley Fischer asked to address the Council as an individual, not as a representative of the North San Rafael Coalition, although she felt a number of people in that group would agree that the City must be careful not to set the fee so high that the whole purpose of the appeal process is undermined. She urged the Council to look closely at what would be a reasonable fee, and not make it prohibitive for citizens to challenge something that may have been approved by the Planning Commission. Ms. Fischer cited the Civic Center Plaza Building project, which was appealed the first time around by the Mont Marin Homeowners Association on the basis of design, and the project was completed with a far better building because of that process. There being no further comments from the public, Mayor Boro closed the Public Hearing. Mayor Boro noted several main issues for discussion: the fee for appeals; reactions to the Planning Director's recommendations for caps for the Planning Commission and Council hearings; caps for Design Review Board hearings; and limiting the exposure of a proponent on the cost of an E.I.R., noting staff recommended keeping in place the current practice of the cost being born by the applicant. Councilmember Heller asked Mr. Pendoley why caps were not considered for the Design Review Board? Mr. Pendoley responded the Design Review Board fees were not being presented to the Council at this time, but noted that when a review of the Design Review Board process was brought to the Council last year, one of the recommendations was that there should be a limit on the number of trips a particular project makes to the Design Review Board. Mr. Pendoley stated that recommendation would actually have a better effect than limiting the fee. Mayor Boro asked when that review would be brought to Council, and Mr. Pendoley responded it would come before Council in April. Councilmember Cohen acknowledged he understood the concerns being expressed regarding the appeal process, but stated he was also concerned about the chilling effect on the democratic process by setting the appeal fee too high. Mr. Cohen stated it would be his preference to pursue the notion of a cap on the cost charged to the applicant during the hearing process rather than raise the appeal fee so as to make it become a real barrier. Mr. Cohen felt staff's recommendation of not charging the applicant beyond two meetings before the Planning Commission and two meetings before the City Council was appropriate. He stated if there were multiple hearings because of appeals and the Council or the Planning Commission wanted to go beyond the two meetings, then he felt the taxpayers should absorb those costs in the interest of the pursuit of the democratic process. Mr. Cohen stated he was concerned about capping the E.I.R. costs, because those costs are not for staff time, they are fees paid to a consultant, and he did not feel this was an appropriate place for this issue to be addressed. Mr. Cohen noted Environmental Impact Reports provide a lot of valuable information and are helpful in making reasonable decisions, but felt that abuse of that process should be taken up at the State level. Mr. Cohen did not feel the City should have to pay a consultant for an Environmental Impact Report. Councilmember Heller asked Mr. Cohen if he agreed with staff's recommendations regarding the $100 appeal fee, setting a cap at two appearances before both the Planning Commission and the City Council, and Mr. Cohen responded he was in agreement, but reiterated he did not approve of placing a cap on fees for Environmental Impact Reports. Councilmember Zappetini stated he was not in full agreement with the hourly rate fee, and that he felt the process could be streamlined more easily with a flat fee rather than an hourly rate fee. Mr. Zappetini was concerned there would be a logistics problem that would have to be overcome because of various staff members working on a single project, and the prospect of hours spent on a project not being recorded accurately. Mr. Pendoley stated that if his recommendations were approved, he would report back to the Council in six months to review how this process was working. Councilmember Phillips asked Mr. Pendoley for an update on that portion of his report in which he recommended no changes to DRB fees, and that portion of the report which states, "Staff is developing a series of ordinance amendments to implement changes the Council has directed to the design review process." Mr. Pendoley responded the process had been changed to put a two tiered process into effect, which involves first a conceptual review for larger projects, and then a decision review for smaller projects or larger projects that have already had a conceptual review. Mr. Pendoley stated the Design Review Board would be meeting to study proposed rules of SRCC MINUTES (Regular) 9/18/95 Page 5 SRCC MINUTES (Regular) 9/18/95 Page 6 order, and noted that a set of ordinance amendments had been partially drafted and should be ready for hearings within eight weeks, and that staff was working on design guidelines and hoped to present a draft to the Design Review Board the end of next month. Mr. Phillips asked when presentations would be made to the Council, and Mr. Pendoley responded the Design Review Board's Rules of Order should be presented within a month, and the ordinance amendments within eight weeks. Mr. Phillips stated he agreed with the recommendation to cap fees at two appearances before the Design Review Board and two appearances before the City Council, noting if more than two meetings before each committee were called for, something would be amiss. Mr. Phillips asked Mr. Pendoley how he determined the appeal fee should be set at $100. Mr. Pendoley responded that appeal fees had not been adjusted in approximately ten years, and that costs had certainly increased during that time period. Mr. Pendoley noted there were two reasons for appeal fees, one was to partially defer the cost, and another was to discourage frivolous appeals, and he felt if either of these were to be accomplished, the appeal fees needed to be increased slightly. Mr. Phillips felt everyone would agree that the frivolous appeals needed to be eliminated, as they are very time consuming and serve no purpose. He noted that setting the appeal fee at $100 would not be a significant increase, and asked Mr. Pendoley where he felt the threshold would be for the fee to become a deterrent to filing an appeal? Mr. Pendoley stated he did not feel a $100 fee would be a deterrent. Mr. Phillips stated that although he did not want to set a barrier that would be insurmountable to those with a legitimate concern, he was concerned that a $100 fee might not be high enough to deter frivolous appeals, and asked Mr. Pendoley if perhaps it should be $150 or $200. Mr. Pendoley responded the fee could certainly be several hundred dollars before exceeding the lowest priced appeal the City has had. Mr. Pendoley stated it would be hard to imagine an appeal taking less than ten hours of work. Councilmember Heller agreed with Mr. Cohen's remarks, and stated she would like to try setting the appeal fee at $100, noting that the amount could be increased in the future if it was found not to deter frivolous claims. She felt the fee amount needed to be within the reach of the residents in the community, and that $100 was already a stretch for the neighborhood associations, noting there are times when the associations would like to have another look at an issue. Councilmember Zappetini asked if Mr. Pendoley had considered a "hardship appeal" for those unable to pay the fee to file an appeal, or if Mr. Pendoley knew of any other cities that such a system in place? Mr. Pendoley responded he did not know if this had been tried by any other city, and that nothing of this kind had been found in any of his research. Mayor Boro stated he would like to see the City adopt the $100 appeal fee, agreeing with Councilmember Cohen that the range of fees on the comparison chart would have a chilling effect. He felt that generally, from a homeowner's point of view, the appeals are usually pretty sound. Mayor Boro stated that in addition to tracking the hourly rate for six months for a review and updated report to be presented to the Council, he would like Mr. Pendoley to track and report on the effectiveness of the caps and how they are working, and also to report on the types of appeals that have been submitted for the six month period and whether Mr. Pendoley felt they were valid or frivolous appeals. Mr. Cohen felt some of the most egregious and frivolous appeals have been some of the most expensive, and he agreed a six month review of the appeals received would be valuable. Mayor Boro noted the Resolution being presented to the Council for adoption addressed the hourly rate of $62.40, and asked if the issue of the cap was a policy issue? Mr. Pendoley stated this issue could be addressed simply as an inclusion to Exhibit "A", which explained how the fee would be applied. Mayor Boro stated the other recommendation was to sustain the current procedure with respect to E.I.R.'s, and felt there was consensus among the Councilmembers to agree to this recommendation, as well as to the $100 appeal fee. Mayor Boro stated the Council would like further information, and asked Mr. Pendoley to report back to the Council in six months with an updated report, to be shared with the Chamber of Commerce and the Marin Builders' Exchange. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution amending the Master Fee Schedule increasing Planning Department fees and adding a cost index. (With Amendment to Exhibit A). ADOPTED RESOLUTION NO. 9452 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING ITS MASTER FEE SCHEDULE INCREASING PLANNING DEPARTMENT FEES AND ADDING A COST INDEX. (With Amendment to Exhibit A). AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS OLD BUSINESS Cohen, Heller, Phillips, Zappetini & Mayor Boro None None 11. REPORT ON VOLUNTEER PROGRAM (CM) - File 235 SRCC MINUTES (Regular) 9/18/95 Page 6 SRCC MINUTES (Regular) 9/18/95 Page 7 Acting City Manager Suzanne Golt presented a follow-up item regarding the Volunteer Program. She explained that during the Budget Hearings, the Budget Oversight Committee and Federation of San Rafael Neighborhoods presented a proposal to the Council seeking to create a more organized program, and it was felt that more time was needed to study how the program would work and the type of position to be created. Ms. Golt reported she had received input from the various departments regarding ideas on what the volunteers could do for the City and how to coordinate the program. Ms. Golt stated the proposal before the Council was to seek authorization to implement the Volunteer Program and to authorize a recruitment for a half-time Volunteer Program Manager position. Ms. Golt noted the Federation of San Rafael Neighborhoods and the Budget Oversight Committee had been very actively involved in developing the recommendations being presented. Councilmember Cohen asked which department would supervise the program. Ms. Golt responded it was her understanding that the City Manager's office would supervise this program. Mayor Boro asked if the program would initially be supervised by the Personnel Department, since the City Manager's office is in transition? Ms. Golt responded she felt that would be the best way to handle the program until a permanent City Manager was in place. Tom Oblitz, President of the Federation of San Rafael Neighborhoods, addressed the Council and thanked staff for their work in establishing the Volunteer Program. Mr. Oblitz stated that the original intention had been to have the Volunteer Program Manager report to the City Manager, and noted that if it was appropriate, the Federation would work with Ms. Golt and Personnel Director Daryl Chandler until such time as a permanent City Manager is in office. Mr. Oblitz reported the support for this program has been excellent, noting Chief Marcucci and a number of the other department heads had been especially supportive of the program, and that the Federation is looking forward to working with everyone involved. Mayor Boro referred to the "essential functions" listed in the staff report, noting he felt one of the most important issues was recognition of the volunteers. He stated the City had several informal programs in place within the Police Department, the Library, and at the Falkirk Cultural Center, and each has some level of recognition for the volunteers. Mayor Boro felt it was very important that each department have a recognition program, although he did not want to set strict guidelines requiring all of the departments to conduct their recognition programs in the same manner. Mayor Boro stated establishing a volunteer recognition program must be one of the responsibilities of the new Volunteer Program Manager's position. Councilmember Cohen moved and Councilmember Phillips seconded, to authorize the implementation of the Volunteer Program, as presented in the staff report. The Council voted unanimously to approve this motion. 12. REPORT ON WORK PROGRAM FOR "D" AND BAYVIEW STREETS (PW) - File 11-9x 11-11 x 11-1 x9-3-40 Public Works Director David Bernardi reported staff had met with Theresa Cox and Sandy Baker, representatives of the Gerstle Park Homeowners Association to discuss the elements of the work program, noting the program anticipates a number of work hours to be provided by volunteers in gathering data. Mr. Bernardi reported Associate Traffic Engineer Nader Mansurian has estimated approximately 64 volunteer hours would be needed to gather raw field data, in addition to the time Mr. Mansurian would need to spend on training the volunteers how to gather the information in the field. Mr. Bernardi stated staff is very excited about working with Ms. Cox and the Gerstle Park Homeowners Association in developing this program. He reported that over the next few months they will be taking traffic counts at various locations in the Gerstle Park neighborhood, noting the schedule of this work will depend on when the needed equipment is available. Mr. Bernardi noted additional time will be needed to analyze the information once the traffic counts have been completed, and he recommended presenting a full report to the Council in March, 1996, at which time the Council can decide if they wish to proceed further with the project. Mr. Bernardi stated this would also give the Council enough time to include this item in the 1996/97 Capital Improvement Program. Mr. Bernardi stated he intended to present to the Council a detailed joint report from the staff and the Gerstle Park Neighborhood Association which will include various options. Councilmember Phillips asked if the committee would be looking only at installing a traffic signal, or would they be looking at other possibilities as well? Mr. Bernardi stated the major focus would be a traffic signal installation, but noted the data gathered would also address the installation of a stop sign. Mr. Phillips asked if the study would assist the Council in determining which approach to take, and Mr. Bernardi responded that it would. Councilmember Cohen stated he had received numerous letters on this issue, and noted a number of people are in favor of the installation of a stop sign. He felt the Council would need to evaluate all of the data collected to determine whether or not a stop sign, though less costly than installation of a traffic signal, would actually do the job that needs to be done. He stated that in his evaluation of previous studies, it seemed as though stop signs might create more problems in the neighborhood than they would solve. He felt it was important the Council keep an open mind and not make any decisions until evaluating all of the data. Mr. Cohen stated this needs to be an SRCC MINUTES (Regular) 9/18/95 Page 7 SRCC MINUTES (Regular) 9/18/95 Page 8 inclusive process, and that once the data is gathered the City will need to continue to work with the Gerstle Park Neighborhood Association and provide a lot of education on the issues involved, and how and why the choices have been made. He felt it would be important that community meetings be held to allow the City to explain the choices and give the people in the neighborhood a chance to comment before a final decision is made. Mr. Bernardi stated it was very clear that this was a partnership between the City and the residents of the Gerstle Park neighborhood, and that part of the City's responsibility in this partnership is to relay as much information as possible to the community in order to educate everyone so that they understand the ramifications of the conclusions that have been reached. Councilmember Heller reported she had received telephone calls regarding this issue, and noted she was surprised to learn that many of the callers preferred a stop sign rather than a traffic signal. She agreed the City needs to look at the overall picture and work with the residents of the neighborhood to determine which solution will suit the needs of that particular street. She felt this was a dangerous street, and that the City must take care of the safety factor there. Councilmember Zappetini stated he would like to see this project completed in less than six months. Mr. Bernardi explained the City had one person, Nader Mansurian, who is responsible for all of the City's traffic work, including not only the normal day-to-day work, but also the modeling for the Traffic Distribution General Plan Implementation Program, administrating a $6 million grant that has specific time tables, along with all of the other requests such as staffing the Traffic Advisory Committee. Mr. Bernardi noted, therefore, Mr. Mansurian's time is very limited, and that he will have to work overtime to complete all of these projects. Mr. Bernardi stated this project was not programmed into his work schedule for this fiscal year, and as this project is being squeezed into his schedule, he needs to be given enough time to study the information and analyze it correctly. Mr. Zappetini asked if we could use more volunteer time to help Mr. Mansurian? Mr. Bernardi responded that volunteers would be used in gathering the data, but that Mr. Mansurian's time would mostly be spent in analyzing the data, which was something a volunteer could not do. Theresa Cox, addressed the Council on behalf of the Gerstle Park Neighborhood Association, thanking the residents of the neighborhood who were attending the meeting. Ms. Cox reported that an article in a recent Gerstle Park Neighborhood Association newsletter highlighted the traffic problems on "Y Street, particularly the dangers of the children crossing "D" Street. Ms. Cox stated neighbors were requested to give their opinions regarding the traffic problems, and reported that at a neighborhood picnic attended by approximately 100 residents, 62 residents sat down at the information booth to discuss the traffic problems and complete a survey. Ms. Cox reported the Association had met with Nader Mansurian, who suggested many of the questions that were used in the survey. Ms. Cox stated the residents expressed strong concerns in the survey, and 24 volunteered to assist in the traffic count. In reviewing specific concerns, Ms. Cox reported 42 neighbors expressed concern over excessive speed; many were concerned over the intersections of "Y Street and Bayview, and "Y Street and San Rafael Avenue. She reported 32 neighbors felt stop signs would be helpful, and 19 felt stop lights would be helpful. Ms. Cox stated there was a great deal of support in the neighborhood for some kind of solution to the traffic problems on "D" Street, and she urged the Council to approve the work program and find the solutions. Mayor Boro stated the Council was very appreciative of what the Gerstle Park Neighborhood Association and Mr. Bernardi had been able to accomplish in just a couple of weeks, and he felt it was a good start on the process. Councilmember Phillips asked for clarification regarding the totals used in the survey, particularly the number of residents in favor of stop signs and those in favor of stop lights. Ms. Cox stated some of the residents had indicated that they would support both plans. Mr. Phillips noted there were more residents expressing support for stop signs than for a traffic light, but that the survey listed several different locations for stop signs. He asked if that indicated there was greater favor for more stop signs at various locations, causing stop signs to receive a higher response number? Ms. Cox stated Councilmember Cohen had a copy of the complete survey results, and Mr. Phillips could study the results to determine how each of the neighbors responded. She felt that a review of the survey revealed most of the residents were in favor of stop signs, and many of them favored installation at more than one location on "D" Street. Mr. Phillips referred to one resident's comment made on the survey in which she suggested creating the perception that the street was narrowing at specific key locations, and by that perception drivers would naturally slow down. Mr. Phillips felt this was a very interesting suggestion, and Ms. Cox stated that perhaps it could be one of the solutions. Councilmember Cohen stated the number one complaint regarding traffic in the neighborhood was excessive speed. He reported that when he and Nader Mansurian met with the Gerstle Park Neighborhood Association, Mr. Mansurian expressed his belief that the average speeds on "Y Street had been reduced from the 40 mph range down to the 30 mph range. Mr. Cohen stated that perhaps it was time for the Police Department to pay more attention to "D" SRCC MINUTES (Regular) 9/18/95 Page 8 SRCC MINUTES (Regular) 9/18/95 Page 9 Street, particularly during the commute hours and perhaps using the radar trailer, and do some additional work to lower average speeds on this street. Acting City Manager Golt stated she would pass that comment on to Chief Krolak, noting she had already had one conversation with Chief Krolak regarding excessive speed on "D" Street, and that he had stated he already had officers monitoring the speed on "Y Street, but to what extent she did not know. Mayor Boro suggested looking at a combination of using the trailer we can obtain from the California Highway Patrol and the County, as well as enforcement. Councilmember Cohen stated he heartily supported the recommendation to begin the work program by working with the Gerstle Park Neighborhood Association representatives, and to conduct the data gathering. Councilmember Cohen moved and Councilmember Phillips seconded, to approve the work program. The Council voted unanimously to approve this motion. NEW BUSINESS 13. REPORT ON FREITAS PARKWAY/U.S. 101 INTERCHANGE IMPROVEMENTS ALTERNATIVES STUDY (PW) - File 4-3-259 x 11-16 Mr. Bernardi reported that in November the Council approved the formation of a resource advisory group to study the Freitas Parkway interchange and report back with a consensus recommendation. Mr. Bernardi stated consultants Brian O'Halloran and Steve Castleberry, representatives from CH2MHill, were present and prepared to report to the Council. Mr. Bernardi also referred to a letter from CalTrans regarding the work program. He stated a member of CalTrans was on the committee, and Mr. Bernardi felt their comments were very important regarding any action the Council might wish to take after reviewing the analysis of the interchange. Brian O'Halloran, representative from consultant CH2MHill and lead facilitator for the Freitas Parkway/U.S. 101 Community Advisory Group, reviewed the committee's report, noting it represented five months of dedicated effort by citizens and staff members who participated as members of the advisory group. Mr. O'Halloran reported the fifteen member advisory group had been comprised of representatives from citizens and homeowners groups, including North San Rafael Coalition of Residents, Terra Linda Homeowners Association, Quail Hill Homeowners Association, Marin Lagoon Homeowners Association, Councilmember Cohen, City staff and other interested public agencies, such as CalTrans, Golden Gate Transit, and Marin County Public Works. Mr. O'Halloran stated one of the unique aspects of this project was that it was a "blank slate" effort, with no pre -conceived solutions going into the study. He felt this approach was very important, as it emphasized taking the time upfront to understand the issues and problems of the various stakeholders, as identified by the advisory group members. Mr. O'Halloran reported that in reaching the recommendations, the group had gone through a five step decision making process. He explained step one identified all of the issues of concern, and for the most part these focused on safety, capacity, pedestrian access and traffic access. He noted examples of these types of issues were adequate sight distance for motorists coming off of the freeway, prevention of additional traffic congestion, construction impacts, adequate storage capacity, pedestrian access to bus stops, and the preservation of West to East and East to West access across the interchange. Mr. O'Halloran explained that once these issues were identified and understood by all of the participants, there was a need to come to an understanding regarding a goal for the group and what their mission should be. He stated the group took as their mission recommending a solution that would modify the interchange to most effectively accommodate vehicles, bicycles, and pedestrians, by providing adequate capacity without adversely affecting other streets and highways, improving safety, providing acceptable access, and minimizing confusion. Mr. O'Halloran reported that further into the study, all of the recommended solutions were tested against these basic requirements, noting the group developed ten measurable criteria as a means of evaluating the solutions, covering such things as key intersections, safety for pedestrians and cyclists, and total construction costs. He explained these criteria were weighted by the group for their relative importance, and as a result the group rated criteria dealing with congestion and safety as being of the highest importance, and landscaping and aesthetic criteria being of lesser importance. Mr. O'Halloran reported that once the evaluation criteria had been identified, the group was ready to begin brainstorming possible solutions, noting this was a free-flowing exercise designed to bring up any potential design concept that might be thought of. He stated that ultimately fourteen different alternative concepts were drawn up, and the engineers then studied the various proposals for their feasibility and compliance with the group's evaluation criteria, and as a result, ten of the alternatives were eliminated from further consideration, leaving four alternatives for a final round of detailed analysis. He stated those four alternatives were scored and ranked, and the alternative referred to as CLEF scored highest in meeting all of the goals of the Advisory Group. Mr. O'Halloran introduced Steve Castleberry, who described the CLEF alternative and discuss the reasons for its recommendations. Steve Castleberry began with an aerial photograph of the existing site, noting the locations of U.S. 101, Terra Linda, Redwood Highway, and Civic Center Drive. Councilmember Cohen asked Mr. Castleberry to note the location of the Merrydale Overcrossing, which is under construction at this time, and Mr. Castleberry noted that it was SRCC MINUTES (Regular) 9/18/95 Page 9 SRCC MINUTES (Regular) 9/18/95 Page 10 approximately one-quarter of a mile south of the Freitas Parkway Interchange. Mr. Castleberry stated the recommended alternative proposed having the off -ramp located near its current location, and to then be tied into a single intersection which would tie into Freitas Parkway and Civic Center Drive. Redwood Highway would be pulled away from the current intersection and tied in closer to the new structure, near the overcrossing at Freitas Parkway. Mr. Castleberry explained this would provide two separate signalized intersections, as opposed to the two uncontrolled intersections currently in place. He noted the existing on -loop would be maintained, as would the existing bus stop. Mr. Castleberry reported that the committee had looked at several different options, but recommended this alternative because it met the City's level of service criteria for traffic operations, and also addresses pedestrian and bicycle safety, and access concerns. Mr. Castleberry stated an important feature of this alternative was that it would reduce driver confusion by providing two "T" intersections which would be clearly visible and understood by the drivers, as this type of intersection was designed according to conventional interchange standards. He noted this design would be familiar, and provide a degree of expectation and not pose any surprises for the drivers. Mr. Castleberry reported this design would also provide continued access across U.S. 101 for the existing movements, and maintain public transit access. He noted this design also provides a large area for future landscaping, a bus stop, or a park-and-ride parking lot. Referring to the cost of the project, Mr. Castleberry acknowledged this would not be an inexpensive alternative, and detailed some of the more costly areas aspects. He explained that moving the location of the intersection would require a lot of grading. He noted it would also be necessary to install fairly high retaining walls, which are expensive to construct, and particularly so in this instance as higher than normal walls would be built to accommodate sidewalks and a bike path being incorporated into the plan. Mr. Castleberry reported an engineering drawing and rough cost estimate were presented to the advisory group at their last meeting, and at that time received instruction from the group on other directions and additional items they wanted incorporated into the plan. He noted the group's main concern was how this alternative would be built, as it involves complicated construction, and that the group was concerned existing access would be closed or affected during construction. Mr. Castleberry stated the construction staging schemes were reviewed and found to be very complicated. He noted the group directed that as the alternative is carried forward, this issue be monitored and "fleshed out" a little more. Mayor Boro asked how much the landscaping and bicycle path contributed to the cost of the project, and if it came down to making choices, were these items the committee would be willing to discuss? Mr. Castleberry responded the specific costs for the bicycle path and landscaping had not been broken down, but that the bicycle path did add a significant amount to the cost because it requires cutting further into the hillside. He stated the landscaping would not be a large cost element, as the landscape area became available as the roadway was realigned and the alternative was not specifically designed to accommodate the landscaping. Councilmember Zappetini asked if an on-ramp had been proposed on Redwood Highway as part of the Merrydale Overpass project? Mr. Castleberry responded that the on-ramp was currently under construction, but could be eliminated under this alternative for the Freitas Parkway Interchange, which would provide the access. Mr. Zappetini stated it seemed as though the City was moving backward. Mr. Castleberry stated City staff had discussed the possibility of not building an on-ramp at the Merrydale Overpass if the City proceeded with this alternative, but staff found that since the contract had already been let, the cost savings for not building the on-ramp would be minimal because the contractor was already in the process of building the ramp. Public Works Director Bernardi added that another factor to this issue was that CalTrans funds were also being used, and if the City had stopped work on that northbound on-ramp, the funds would have been removed from the freeway project and been funneled to another project, such as the State's under -funded seismic retrofit program. Mr. Bernardi also explained that CalTrans prefers to amortize their projects over a ten year period, and might seek partial reimbursement from the City if we were to decide not to complete the on-ramp at the Merrydale Interchange. Mr. Bernardi stated he did not feel it would take ten years to arrive at a solution for construction of the Freitas Parkway Interchange, but he did feel it might be four to five years in terms of the environmental documentation, preparing the documents and specifications, and getting CalTrans approval. Therefore, he stated that once a decision is reached on the alternative, it would probably be a four to five year process to implementation, and by that time CalTrans policies might change and things could be quite different in five years, noting that was the approach the City was taking on this particular issue. Councilmember Phillips noted he had attended a couple of the committee meetings, and was somewhat familiar with the end result being recommended. He asked if the two northbound signals being proposed would be timed so that there would not be a lot of disruption at peak traffic times? Mr. Castleberry responded City staff had run various traffic projects with this alternative to determine how the signal timing would work, so that traffic coming off the freeway with a green light would not immediately encounter a red light, causing a traffic back-up. The traffic signal progression was found to operate at better than service level "D". Mr. Phillips asked what level of service would SRCC MINUTES (Regular) 9/18/95 Page 10 SRCC MINUTES (Regular) 9/18/95 Page 11 be obtained with both the Merrydale and Freitas Parkway Interchanges in place, and no additional change in the volume of traffic at Northgate? Mr. Castleberry stated the initial analysis had been done taking into consideration build -out traffic volumes in addition to both the Merrydale and Freitas Parkway Interchanges, which resulted in an operational level "C", and noted that if there were not significant build -out traffic volumes, the operational level would be better than a level "C". Mr. Phillips asked what the level of service would be if the City proceeded only with the Merrydale Interchange and there was no traffic build -out in the Northgate area? Mr. Castleberry responded that to the best of his recollection, that scenario produced an operational level of less than a Level "D". Public Works Director Bernardi stated it was obvious that something must be done at this intersection, whatever the solution turns out to be. Shirley Fischer distributed copies of a letter from the North San Rafael Coalition of Residents, which had been sent to the Councilmembers on September 11, 1995. Regarding the discussion on levels of service, she stated that Measurement 1 showed that full build -out and the projected addition at the Merrydale Overcrossing, and the addition of the Freitas Parkway Interchange would bring the level of service to a Level "D", and without the Freitas Parkway Interchange the level of service would be a Level 7". Ms. Fischer stated that if the City did not do something here, the City would be in contradiction of its own traffic standards. She reported she had been a member of the committee which studied this project, and one of the things pointed out to the committee was that the price tag rose dramatically as the operational analysis was done, rising from $3 million to $5 million. She stated the committee had been advised that the actual operational costs of the project would be higher than the figures quoted in the consultant's report. Ms. Fischer also noted the Merrydale Overcrossing should not be called the "Joan Thayer Memorial" because she was the only one who voted against it. Ms. Fischer stated the North San Rafael Coalition of Residents is heartily supporting the alternative being suggested by the committee. She felt the planning process had been excellent, noting the committee had been comprised of a diverse group with conflicting interests, and that the facilitators had done a very good job. She reported the Coalition had met and reviewed all fourteen alternatives, and arrived at the same conclusion as the committee, that this would be the best alternative to provide a long term solution for safety, traffic congestion, decreasing driver confusion and maintaining reasonable traffic flow. She urged the Council to pursue the recommendation of the advisory committee for the further development of this concept, and for the necessary funding. She stated she particularly recommended the Council pursue Councilmember Cohen's suggestion that the advisory group be continued, using the same members, to refine this alternative and try to make it workable. Ms. Fischer stated the City has a credibility problem in Northern San Rafael regarding this Interchange, noting there were long standing issues that had not been resolved, and that she hoped these issues would be resolved in the near future during this planning process. Ms. Fischer stated there were three main areas of discrepancy; the reliability of the traffic measurement at the intersection, the traffic capacity and land use planning around this area, and the description of safety in this area. She felt the history was important, because there is a problem with the citizens of North San Rafael believing in what the City is doing, and in the information that is out there. She stated we must move forward as a unified force, such as is occurring with the Gerstle Park Neighborhood Association, in order to make this intersection happen, particularly if we are going to try to find funds for an expensive solution. Regarding the traffic measurement issue, Ms. Fischer stated that, historically, the City had measured this Intersection as two separate intersections, even doing traffic counts at two halves of the Intersection on different days. She stated this was not a reliable way of measuring the Intersection, as 600 feet to 700 feet is needed between the two sections for them to function independently. She felt the Intersection should be measured as one Intersection, as that was how it functions. Ms. Fischer reported the Coalition was disturbed when this analysis was included in the General Plan in 1988, and noted the Coalition had done its own traffic study and presented it to the Council in 1990. She reported the Coalition's study showed the intersection was actually functioning at a level of service 7", not at the level "A" - "C" as shown in the City's study. She stated the City then hired DKS Associates, who confirmed the Coalition's analysis, and suggested the Intersection be signalized as part of the Merrydale Overcrossing Project. Ms. Fischer reported the City then went back and counted the Intersection as two separate intersections, and since then has been measuring the Intersection at a level of service "A" - "C". Ms. Fischer stated the advisory committee asked several times what the level of service was at the Intersection, noting they were not given an answer, but were told that the Intersection would be measured as only one intersection in the new traffic model. Ms. Fischer reported the residents in her neighborhood keep asking, "What has been going on in the last four years, and is it going to stop?", and "When the new traffic model comes up, are we going to have a matching up between what the City traffic engineers' and their studies are showing, and what our senses tell us as we drive through the intersection?" Ms. Fischer felt this was a very important issue, not only because of the credibility issue, but because this is the data that will be used in planning for the future. She stated it was very important to understand exactly what the traffic situation is at that location, what the projections are for how that will change once the Merrydale Overcrossing is in place, to be able to accurately measure those changes two years from now, and to understand where we are going as we move ahead. Referring to the credibility gap concerning the relationship between traffic capacity and land use in the area, Ms. Fischer noted the City had the Priority Projects Procedure, which is the beauty contest for projects in traffic impacted areas. Ms. Fischer reported the Freitas Parkway Interchange was originally part of that Priority Projects Procedure, but in SRCC MINUTES (Regular) 9/18/95 Page 11 SRCC MINUTES (Regular) 9/18/95 Page 12 1991 after the intersection was measured as two intersections and reported as a level of service "A" - "C", the Interchange was removed from the Priority Projects Procedure and has not been included again until this Spring when it was added after a number of inquiries from various community groups. Ms. Fischer stated there were a lot of questions as to what are the existing, available, reserved and future trips that have been allocated to this Interchange, and how does that match up with the projects that are being approved, have been approved, and are being planned for the future? She noted these questions had been asked by the advisory committee, but that no hard answers were given. She stated the committee was told that with the increase in the projects to be approved at that location, traffic would increase 50% through this intersection, which was a substantial amount for an intersection that is already heavily impacted. Ms. Fischer felt this made the reliability of traffic measurement a very important issue. Ms. Fischer reported there was a great concern in the community that the City Council and staff do not sufficiently appreciate the impact of traffic congestion and safety on the commercial and residential areas of Northern San Rafael. She stated there is concern that in pursuit of sales tax revenue or traffic mitigation fees the City is pressing to pursue additional projects in this area that will have increasingly detrimental effects on the surrounding community which, if measured accurately, will cause the City to exceed its own traffic standards. Ms. Fischer stated they are very concerned about the amount of development planned in the area, from COSTCO to the flea market. Referring to the third issue of concern, Ms. Fischer discussed the matter of safety at the Intersection. She reported that during the advisory committee meetings, the City and CalTrans maintained that there was no safety problem at the Freitas Parkway Interchange, and that it was "One of the safer freeway interchanges in California." Ms. Fischer stated that quote simply did not match up with the squealing brakes, broken glass, broken poles, and actual accidents that members of the community and members of the committee have witnessed at this intersection. She reported that last Fall one of the members of the Coalition Steering Committee had been in an accident at this Intersection, that there had been broken glass in the Intersection three weeks ago, and a pole was knocked down at the Intersection just last week. She stated it was very hard to believe that this was one of the safest intersections in California, and noted the people in her neighborhood avoid this Intersection whenever possible because they feel it is a real hazard. Ms. Fischer referred to the Coalition's recommendations of things they felt must be done. She stated they were asking that the City commit itself to remedy traffic congestion and unsafe conditions, noting this must be looked at very seriously. She reported the Coalition felt the City must deal more openly with the community, noting she was pleased to have heard Mr. Bernardi refer to the open partnership with the Gerstle Park residents, and felt this was needed in Northern San Rafael. Ms. Fischer stated we must know what the current traffic situation is, what the projections are for improvement with regard to the Merrydale Overcrossing, how the projects currently up for approval will be affected, and how many additional projects will be approved before the improvements degenerate again. She stated she expects that there will be improvement after the Merrydale Overcrossing is built, but that she also expects that as additional projects are approved, this location will degenerate again until a point is reached where we are again teetering at a level of service "Y before complete build -out. She felt this had tremendous impact upon such decisions such as the COSTCO decision and other projects coming before the Council very soon. Ms. Fischer stated we need to determine at what point in time and at what level of development a long term solution is needed, and then ask the questions, "Is this the solution we need, when do we need to do it, and how are we going to pay for it?" Councilmember Cohen thanked the members of the committee for putting so much work into this project. He stated the City had approached this project with an open slate, looking for the best long term solution for the Freitas Parkway Interchange. Mr. Cohen stated he agreed with the North San Rafael Coalition of Residents' position on this Interchange, noting that regardless of what the statistics state, it is terrifying, and that he had driven through the Intersection numerous times and felt as though he was taking his life in his hands. Mr. Cohen stated the goal of the committee is to develop the best long term solution, and he felt the proposal being presented was very close to that goal, given the constraints that we have to work with. He stated that although there is an existing structure over the freeway, it is clearly not realistic that any solution that involves modifying that structure would be feasible, in terms of cost. He noted that, similarly, there is a large hill to the east, and any significant modification to the hill would be so prohibitive as to kill the entire project. However, Mr. Cohen stated there was still more work to be done, and although he urged the report be accepted, he noted there were a couple of issues that had come up at the end of the study. He reported that the City had hoped to stop construction of the new northbound Merrydale on-ramp and reprogram that money which, in conjunction with the money in the bank for improvements to the Freitas Parkway Interchange, would have given the City enough to get close to the estimated dollar amount for several of the proposals. Mr. Cohen noted that as it turned out, this was not feasible, and that it came down to a choice between using the money and seeing that project go forward, or losing it to Southern California. Therefore, it seemed prudent to go ahead, SRCC MINUTES (Regular) 9/18/95 Page 12 SRCC MINUTES (Regular) 9/18/95 Page 13 particularly when looking at the timeliness for the types of changes to the Freitas Parkway Interchange. He stated that we currently have $1.8 million, which is a long way from $5 million, particularly when looking at the limited number of potential funding sources. Mr. Cohen stated the initial staging of this design would require closing the northbound on-ramp for approximately one year, and he agreed with CalTrans that this is simply not workable. Mr. Cohen proposed the same advisory group members continue to work on this project, stating he felt there were some potential modifications that could be considered, and noting CalTrans had already suggested the City consider leaving Redwood Highway so that it intersects directly opposite the northbound on -ramps and off -ramps. Mr. Cohen felt this was a consideration worth evaluating, noting that would leave the newly constructed northbound on-ramp in place and would eliminate additional ramping there, which might significantly impact the cost. Mr. Cohen felt it was important to continue with the original members of the committee to utilize their knowledge base, and asked that they look for variations that might bring the cost closer, and to discuss potential funding sources to add to the money we already have in the bank. Mr. Cohen noted it would also be important to study how to construct the project with the least amount of disruption to the community. Mr. Cohen referred to the suggestion of "phasing" the project, and stated this was another possibility he would like to see explored. Councilmember Cohen moved and Councilmember Zappetini seconded, that the Council accept the advisory committee's report, and ask the committee to continue their study and refine the proposal to see if the City can make the best long term solution for the Freitas Parkway Interchange a reality in the near future. Under discussion, Councilmember Heller noted Mr. Bernardi had shown a cost of $5 million, but that amount did not include design, mitigation or construction management costs. She asked what the additional cost would be for those items? Mr. Bernardi responded the design would be less than 10% of the project cost, or roughly $500,000, construction management would probably be 10% of the construction costs, and mitigation, if any, would depend on what the mitigation is, so he did not have a figure at this time. He acknowledged we would be looking at some fairly large numbers with regard to the design and construction management. Ms. Heller asked where the City would go to look for funds for a project of this kind, noting that funds are drying up and are just not out there anymore. Mr. Bernardi stated one option the Council had was to look at the existing mitigation fee structure that is currently in place, noting the bottom line was that instead of $2500 a PM peak hour trip it may be $5,000 a PM peak hour trip. Mr. Bernardi agreed that the chance of obtaining funds from a Federal or State program was relatively slim, and most likely none, but that staff would pursue all options. However, he felt the City would probably have to look at increased mitigation fees to fund this project. Mayor Boro referred to the comments made regarding the issue of credibility, stating the advisory committee was a good start toward addressing this problem, and he agreed that the committee should continue. He stated that because this was going to be a long range project, he felt the committee should revisit the issue of traffic signals, as this might allow us to do something on an interim, short term basis. Mayor Boro agreed that this was a very dangerous intersection, and stated that regardless of what the statistics showed, the experience is at least an "E" ride at Disneyland, depending on which movements the driver is making. Mayor Boro stated that for the benefit of the community, as well as the credibility issue, there should be a realistic look at both time lines and funding, so that the community can be kept informed. Councilmember Cohen felt there were four areas that needed to be addressed. First, he would like the committee to revisit the design and to spend time understanding and fine tuning the design and considering modifications, such as those recently suggested by CalTrans. Second, the committee needs to look for ways to attempt to bring the cost down. Mr. Cohen referred to the northbound off -ramp, stating the cost could be significantly impacted the further north it could be moved, because the further north it is placed the less grading needs to be done. He noted that when grading the City not only pays for the retaining walls, but also to have the dirt hauled away, so any modification that reduces the grading could have a significant impact on cost. Third, the committee needs to identify possible funding sources, and fourth, determine what might be done on an interim basis. Mr. Cohen stated he did not want to have a solution that only solves the problem for ten years, and then find ourselves in the same position and starting over again. Councilmember Phillips stated he had been passing through this intersection every day for twenty-three years, and felt that corrections were long overdue. He stated that if the committee is expanded, he would be interested in serving on the committee. He complimented Ms. Fischer for her work on this project. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips Zappetini, & Mayor Boro. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/18/95 Page 13 SRCC MINUTES (Regular) 9/18/95 Page 14 14. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SCHEDULED FOR OCTOBER 22-24,1995 AT THE MOSCONE CONVENTION CENTER IN SAN FRANCISCO (CC) - File 9-1 Mayor Boro asked Acting City Manager Golt if staff would be attending the conference, and if staff could be designated as voting delegate and alternate. Ms. Golt stated staff would be attending the conference, and although it was preferred to designate Councilmembers, staff could be designated as voting delegate and alternate. Councilmember Zappetini moved and Councilmember Phillips seconded, to designate Acting City Manager Golt as voting delegate for League of California Cities Conference scheduled for October 22-24, 1995 at the Moscone Convention Center in San Francisco. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini, & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PROCESS FOR SELECTION OF THE CITY MANAGER (CM) - File 9-3-11 x 7-4 x 9-1 Acting City Manager Golt presented a report prepared by former City Manager Pamela Nicolai, with recommendations for the development of a recruitment for the City Manager position. Ms. Golt reported that first and foremost Ms. Nicolai had recommended seeking the Council's approval to develop a Request for Proposals process in order to commence a recruitment for the City Manager/Redevelopment Agency Executive Director position as soon as possible. It was suggested that the RFP be developed so that it outlines the various tasks separately, and then ask for separate costs from those firms responding, so that the Council would have an idea of what each particular task would cost and could then decide how many of the tasks they wanted the consultant to perform and what the cost would be. It was also recommended that there be an indication in the RFP as to the time involved in each segment. Ms. Golt reported that it was recommended the Council select two Councilmembers to participate in the selection process and assist in screening the RFP's received down to three or four candidates so that the Council could interview a limited number of those most qualified. It was suggested the Council set the interview process prior to the City Council meeting of November 2, 1995. Mayor Boro stated he and Councilmember Heller had been asked to work with Ms. Nicolai on this issue with respect to the salary adjustments, and noted he had also discussed with Ms. Nicolai the pros and cons of a City Manager position vs. a City Manager/Redevelopment Agency Executive Director position. Mayor Boro asked staff to address this issue when they return with a developed RFP process, and to provide the pros and cons of a combined position in their report. Councilmember Heller asked if the interviews were to be held as part of a closed session prior to the regular City Council meeting on November 2nd, and Ms. Golt responded that it would most likely be a special meeting prior to the regular City Council meeting, with the time also depending upon the number of consulting firms the Council wanted to interview. Ms. Heller asked if the interviews would be a closed session meeting or an open public session. Mayor Boro stated it would be an open meeting. Mayor Boro suggested that he and Vice Mayor Cohen represent the Council on the committee. Councilmember Cohen moved and Councilmember Zappetini seconded, to authorize staff to develop and initiate Requests for Proposals for recruitment of City Manager position. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/18/95 Page 14 SRCC MINUTES (Regular) 9/18/95 Page 15 Councilmember Cohen asked the Council to consider making this an "open process", noting he had been asked by several people to consider including citizen participation at some point in the selection process. He stated he had no specific suggestions as to how to do that. Ms. Heller asked if he was referring to the process of selecting the search firm or the process of selecting the City Manager? Mr. Cohen stated the reason he had mentioned the idea at this time was so that the Council, when consulting firms respond to the RFP's, might want to ask their thoughts on having an inclusive process, and how it might be accomplished. Mayor Boro clarified that Mr. Cohen was suggesting the Council consider citizen participation in the selection of the City Manager and not the selection of the consulting firm, and Mr. Cohen responded that was correct. Ms. Golt suggested that in the RFP's the consultants be asked to explain how they would go about including the community in the selection of the City Manager process. 16. CITY COUNCIL REPORTS: RE: CITY COUNCIL APPOINTMENTS - File 113 X 9-1 Mayor Boro reported Councilmember Heller was now the City's representative on the MCCMC Legislative Committee, and Councilmember Phillips was now the representative the MCCMC Liaison Committee to the Marin Community Foundation. RE: MCCMC LIAISON COMMITTEE - File 113 x 9-1 Councilmember Phillips reported the MCCMC Liaison Committee had met last Thursday to discuss the coordination of disaster preparedness activities, particularly the blocking of Highway 101 and how the various communities could work together if that should occur, and also to discuss looking at a way to manage the many JPA's in existence throughout the County. Mayor Boro stated it was his understanding that the Joint City/County Issues Committee was responsible for pursuing the streamlining of the JPA process, and he asked Acting City Manager Golt to contact the County Administrator to see what action has been taken on this issue. C. RE: FARMERS MARKET RECOMMENDATIONS - File 140 x (SRRA) R-181 Councilmember Cohen reported the Farmers Market Board of Directors had met to discuss improvements to be made for this event. He reported the meeting included several downtown merchants, and the consensus was that the Farmers Market was a good event, and while some improvements may need to be made, those who call for the elimination of the event are clearly in the minority. He reported a music committee had been formed to select the bands that participate, which will address the complaints that have been heard regarding the choice of music. Mr. Cohen referred to a survey which indicated that among those who attend the Farmers Market, the current format is very popular. He reported the BID intends to survey its members, asking for opinions on how to modify the Farmers Market and attract visitors with discretionary income to spend at our downtown merchants. Mr. Cohen also suggested the merchants survey their customers, asking if they have attended the Farmers Market, and what they would like to see there, what would bring them back, and what they do not like about the event. Councilmember Heller suggested the questionnaire to the merchants ask if the merchants are open for business while the Farmers Market is in progress, and if not, why not? She noted some of the merchants who have complained about the Farmers Market are not even open during the event. Councilmember Zappetini stated the Business Improvement District had sponsored a breakfast at which they distributed a survey asking these same questions, and he wondered why this survey had not been discussed. Mr. Cohen stated the President of the Business Improvement District had the draft of a survey, which included several questions concerning the Farmers Market, that was to be distributed to their members later this month. Mr. Zappetini stated he had seen the survey at the breakfast he attended six months ago. Mr. Cohen responded there had been a survey six months ago, but that it was a much broader survey and included questions regarding several different issues, with only a couple of questions regarding the Farmers Market. Mayor Boro stated he would like to see the Farmers Market Board of Directors look at the intent of Farmers Market, noting he felt it had multiple intents. He stated it certainly had the intent of attracting people to the downtown area, and with the success we have had in our community, it has become an event. He noted that the City states in its Vision that it would like to have a lot of events downtown. Mayor Boro stated the question is, "How do you make something happen which brings people to the downtown, and at the same time SRCC MINUTES (Regular) 9/18/95 Page 15 SRCC MINUTES (Regular) 9/18/95 Page 16 compliments the businesses?" He stated he had read an article in the Marin Independent Journal which noted many of the downtown merchants are very happy with the Farmers Market. He acknowledged that other merchants, such as specialty shops, may not see the direct result. However, he believed that even if the merchant does not keep his shop open during the event, he has gained exposure as the visitors to the Farmers Market see where the businesses are located. Mayor Boro suggested Councilmember Cohen and the Farmers Market Board of Directors need to address the question of how to attract the people who may be interested in a specialty shop to come back at a later date. Councilmember Cohen stated he had attended the event with his children numerous times throughout the summer and saw many people he knew on a regular basis, and felt that the event did attract people to the downtown area who may not have necessarily come downtown if not for the Farmers Market. He acknowledged the Board of Directors feels there is room for improvement, and he stated that is the direction they want to take, to improve the event, not lose it. Councilmember Phillips stated he had discussed the Farmers Market with the BID President, noting the comment that comes up often is the mis-characterization of the event as a flea market. He stated that with the negative press the flea market had been receiving, he felt there would be more sensitivity to that stereotype, and in using that term to describe the Farmers Market. Mr. Phillips felt there may be certain merchants who believed this was a valid characterization, particularly those merchants who are in direct competition with the vendors at the Farmers Market. Mr. Phillips wondered if a flea market atmosphere was really attracting the type of customer the downtown merchants wanted to see there? He stated that even though people are exposed to the downtown area by attending the Farmers Market, they may not necessarily respond to that exposure. Mr. Phillips agreed with Mayor Boro's comment that exposure was one of the most important aspects of the Farmers Market. Acting Redevelopment Agency Executive Director Ours suggested the merchants who do not remain open for business during the Farmers Market could at least leave the lights on in their shops to draw the shoppers' attention and let them see what the shops are like. He noted that between 5,000 and 7,000 people attend the Farmers Market, and that most of them have money in their pockets. He reported that several times he had seen people trying to peer into darkened shops to see what was inside. Councilmember Cohen suggested caution in the characterization of flea market, noting he had not observed many used goods or other types of items usually associated with flea markets. He stated the thing to remember was that the Farmers Market had originally been established to be self-funded, and that it was the vendors who largely fund this event. He noted that Mr. Ours had the budget which showed that the vendors pay the bills and that this event is not subsidized by the City. Mr. Cohen noted there had been several letters submitted to the newspaper recently, and that the City should be very aware of the discussions taking place with the County in regard to the Marin City Flea Market and the proposed relocation to the jury's parking lot at the Civic Center. Mr. Cohen stated he had made a point of going by that location, and did not see the site as being very workable. He reported that in addition to the Marin County Farmers Market, there was also another event taking place, and with the number of on-going events held at that location, often more than one event at a time, the traffic problem is a serious concern. He felt that the idea of taking the jury parking lot and filling it with 500 flea market spaces did not seem like a very workable idea, and he had seen these same concerns addressed in the letters to the newspaper editor. Mr. Cohen stated he felt the Council should write a letter to the County expressing interest and concern in this matter, and asking them to actively include the City in any decision making process they may have regarding this issue. Mayor Boro reported the City had received a letter from the County that mentioned they were conducting a traffic study, but he did not think the results had been completed at this time. Mayor Boro stated the City might use the traffic issue as the basis for our disapproval of relocating the flea market to that site, acknowledging that it would be in the County's jurisdiction, but citing the fact that the City and our residents would be impacted by such a relocation. RE: REQUEST FOR DISABLED PARKING SPACES ON FOURTH STREET - File 13-1-1 Mayor Boro stated that while attending the library's book sale last weekend, a disabled woman approached him and thanked him for the disabled parking spaces at City Hall, but called to his attention the fact that there are no disabled parking spaces on Fourth Street. Acting City Manager Golt, speaking as the City's Americans with Disabilities Act coordinator, stated that over the past few years the City had periodically received requests for disabled parking spaces on Fourth Street, not in the public parking lots, but on the street itself. She reported such a request had been received within the last couple of weeks, and would come before the Traffic Coordinating Committee at their meeting in October. She reported the rationale in the past had always been that there were no guidelines SRCC MINUTES (Regular) 9/18/95 Page 16 SRCC MINUTES (Regular) 9/18/95 Page 17 governing disabled parking on public streets, while parking lots must have a specific number of disabled spaces available. She noted this was an issue that kept popping up, and one that she felt the City should address, stating it was better public relations to have one or two disabled parking spaces reserved on Fourth Street and lose a little revenue from the parking meter, and noting that there is never a spot aailable at the metered spaces. She felt that it would be beneficial for the City to establish these reserved spaces. There being no further business, the meeting was adjourned at 10:45 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/18/95 Page 17