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HomeMy WebLinkAboutCC Minutes 1992-10-05SRCC MINUTES (Regular) 10/5/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 5, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 92-17(a) - #1 - Dyana Fischer vs. City of San Rafael No. 92-17(b) - #7 No. 92-17(c) - #1 - Alan Titus and Marjorie Goldman vs. City of San Rafael No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 5, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present:Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR Councilmember Breiner moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Extensions of Time for Subdivision Improvements: (PW) a. Spinnaker Point Unit 5 - File 5-1-263 ADOPTED RESOLUTION NO. 8751 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK SPINNAKER POINT UNIT V SUB- DIVISION (Extended to and including 4/1/93) b. Baypoint Lagoons Subdivision - File 5-1-292 ADOPTED RESOLUTION NO. 8752 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK BAYPOINT LAGOONS SUBDIVISION (Extended to and including 12/31/93) 3. Resolution of Intention to Vacate 3 Foot Wide Public Utility Easement - 25 and 29 Ayala Court (PW) - File 2-12 ADOPTED RESOLUTION NO. 8753 - RESOLUTION OF INTENTION TO VACATE THREE FOOT WIDE PUBLIC UTILITIES EASEMENT AFFECTING LOTS 1 AND 2, AYALA COURT SUBDIVISION, SAN RAFAEL, CALIFORNIA (Public Hearing scheduled for 11/2/93 at 8:00 PM in the Council Chambers of City Hall) 4. Report on Bid Opening - Engineering Division Workstation (PW) - File 4-2-266 x 9-3-40 ADOPTED RESOLUTION NO. 8754 - AUTHORIZING THE PURCHASE SRCC MINUTES (Regular) 10/5/92 Page 2 OF A PAVEMENT MANAGEMENT SYSTEM WORKSTATION IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT (award of contract to PC Systems Services, the lowest responsible bidder, in the amount of $11,634.47) SRCC MINUTES (Regular) 10/5/92 Page 1 SRCC MINUTES (Regular) 10/5/92 Page 2 OF A PAVEMENT MANAGEMENT SYSTEM WORKSTATION IN THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT (award of contract to PC Systems Services, the lowest responsible bidder, in the amount of $11,634.47) SRCC MINUTES (Regular) 10/5/92 Page 2 SRCC MINUTES (Regular) 10/5/92 Page 3 5. Acceptance of Property for Street Right -of -Way ADOPTED RESOLUTION NO. 8755 - Purposes - 70 Southern Heights Boulevard (PW) - ACCEPTING CONVEYANCE OF REAL File 2-2 PROPERTY FOR STREET RIGHT-OF-WAY PURPOSES (70 Southern Heights Blvd. - AP #13-171-02) (from Yoko Burke) 6. Resolution of Welcome RESOLUTION NO. 8756 - City Lonate Pozzolo, to Representatives of Sister ADOPTED Italy (CM) - File 128 x 102 RESOLUTION OF APPRECIATION TO THE RESIDENTS OF LONATE POZZOLO, SISTER CITY OF SAN RAFAEL (celebrating the 500th anniversary of Columbus' discovery of America) 8. Report on Risk Management Program (CM) - File x 9-3-11 x 9-1-2 9. Claims for Damages: a. Fannie Anderson (PD) Consulting Claim No. 3-1-1607 b. Shante Anderson (PD) Claim No. 3-1-1607(a) AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9-6-1 ADOPTED RESOLUTION NO. 8757 - ESTABLISHING A RISK MANAGEMENT POLICY (Reconstituting the Risk Management Committee; upon approval of its recommendation by City Manager, newly instituted Property & Casualty Loss Committee shall have settlement authority of liability claims up to $20,000; City Manager shall have settlement authority of Workers' Compensation claims up to $20,000) Approved Insurance Associates', Inc., recommendation for denial of Claims a & b. Cohen, Shippey, Thayer & Mayor Boro The following item was removed from the Consent Calendar for discussion: 7.RESOLUTION RESCINDING RESOLUTION NO. 8721 AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO THE DINO AND MARIO GHILOTTI FAMILY TRUST (CA) - File 2-12-1 x 9-3-16 Councilmember Shippey asked City Attorney Ragghianti why the City was rescinding a Quit Claim. City Attorney Ragghianti explained that on September 18, 1992, Patrick McNeil, the attorney for the Ghilotti Family Trust, wrote a letter, which is attached to the staff report, requesting that the Council rescind the Resolution adopted on August 3, 1992. Apparently the sale of the property was concluded without the need for the Quit Claim Deed from the City of San Rafael. He stated the City gave up nothing and the sale was concluded without the need to Quit Claim the easement owned by the City. Mayor Boro asked with regard to the dedication of the land if the requirement that the City had on the Ghilotti Family Trust goes with the new property owner. Mr. Ragghianti responded affirmatively, and stated he spoke personally with the attorney for the purchaser who confirmed this and the property owner's willingness to abide by the requirement at the time the SRCC MINUTES (Regular) 10/5/92 Page 3 SRCC MINUTES (Regular) 10/5/92 Page 4 property is developed. Also, Mr. Ragghianti was told the owner has no present plans for the development of the property. Councilmember Shippey moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 8758 - RESCINDING RESOLUTION NO. 8721 AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED OF THE DINO AND MARIO GHILOTTI TRUST (formerly known as the GHILOTTI BROS. FAMILY TRUST) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 10/5/92 Page 4 SRCC MINUTES (Regular) 10/5/92 Page 5 10.DISCUSSION OF TRAFFIC ISSUES - GERSTLE PARK NEIGHBORHOOD (PW) - File 11-1 x 163 x 2-1-11 Public Works Director Bernardi stated this staff report was a continuation of many meetings which were held between staff, Councilmembers Cohen and Breiner, and Gerstle Park Neighborhood representatives. He stated that on September 24, 1992 they met with the neighborhood representatives and presented them with the results of the engineering analyses of a number of intersections which were to be studied. He summarized by stating the intersections on Clorinda Avenue were all analyzed by studying the turning movements, accident problems within a 12 month period, pedestrian counts, accident report histories, speed surveys and field observation of vehicle movements and none of these criteria justified stop signs anywhere along Clorinda Avenue. Mr. Bernardi stated they also looked at some sight distance issues at other intersections and observed locations where some parking spaces could be taken in order to improve sight distance; however, the problem with this is that vehicle speeds might increase through the intersection which is contrary to the goals of the neighborhood association, and staff is hesitant to do this even though it would make some improvement in this area. Mr. Bernardi stated they were also asked to review the intersection of "D" and Antoinette, to place a stop sign on "D" Street at the base of Wolf Grade. He stated Police and Public Works personnel reviewed that request and both department staffs felt it would be very dangerous and they are not recommending this to the Council. Mr. Bernardi noted they have reviewed with the City Attorney's Office the question of potential liability of stop signs that are installed where they are not warranted and there had been some research done by that office in this regard which is available if Council would like to see it. Mr. Bernardi stated he attached a number of informational sheets which have been given to the neighborhood association members, which were prepared by the Institute of Transportation Engineers in an attempt to describe why traffic improvements are or are not installed. Mr. Bernardi then referred to a chart provided by his staff which shows where the stop signs proposed by the neighborhood association may be placed, as well as the existing stop signs. Councilmember Thayer stated her disagreement with the information and suggested removal of parking spaces near intersections in that she felt by improving sight distance it would do everybody a service at the street corners and might not increase the vehicle speeds at these intersections. Mr. Bernardi stated that the potential for this was if the driver can see better while approaching an intersection they have a tendency not to slow down; however, at this time the California Vehicle Code requires that motorists slow down to 15 MPH through an uncontrolled intersection, but with the sight distance improved there will probably be a tendency not to slow down. He stated, however, they did not have actual data on this. He stated they were planning on painting some curbs red to improve sight distance, irrespective of whether or not it makes it easier. Mrs. Thayer stated she felt it would still be a safety enhancement and would like to see it done. Mr. Bernardi stated he will bring to the Council a list of areas where this will be done, which is separate from the map shown at tonight's meeting. Mrs. Thayer then asked with regard to semi -traffic actuated signals, what they actually were. Mr. Bernardi answered the signal would stay green on the main thoroughfare until a vehicle approached the cross street, a detector loop within the pavement would activate the signals to turn green and red in the opposite directions. He stated what they would have there would be a pedestrian button which would provide the same function. Councilmember Shippey asked Mr. Bernardi to show him on the map which of the proposed stop signs would create a hazard. Mr. Bernardi referred to the map and stated there were Yield signs on Clayton and Marin Street, Welch and First, and Shaver and First. Design Review Board stated they had no objection to putting Stop signs at these three locations to replace the Yield signs, but there could be a tendency of traffic backing up through the intersection at Shaver Street; however, there is not a high volume of vehicles in these short blocks. Mr. Bernardi stated they did not SRCC MINUTES (Regular) 10/5/92 Page 5 recommend Stop sig and Bayview, "C" a San Rafael Avenue. Street from a side being controlled, a minor street, as to put a Stop sign that come off ther traffic. SRCC MINUTES (Regular) 10/5/92 Page 6 ns at Gloria and Clorinda, Clorinda and Los Robles, "D" nd Taylor, or Woodland and near Muffin Mania, and "C" at Mayor Boro asked about a "Stop" sign coming onto "D" street. Mr. Bernardi explained Wolfe Avenue is now and there is no traffic control for traffic coming from they would describe Wolfe. He stated they might want there to make sure that the minor amounts of traffic e do not interfere with "D" Street or Antoinette Avenue SRCC MINUTES (Regular) 10/5/92 Page 6 SRCC MINUTES (Regular) 10/5/92 Page 7 Councilmember Cohen asked if Mr. Bernardi's staff had studied the Woodland intersection or the "B" Street area, because there has been no discussion with the neighborhood association on those particular intersections. Mr. Bernardi stated that at Woodland and "B" Street there has not been a lot of engineering research on this intersection. Mr. Cohen stated this was a confusing intersection and does need some work. Councilmember Cohen asked with regard to "D" and Bayview Streets, if Mr. Bernardi was stating there was no approved method of traffic control for pedestrian crossing other than a signal. Mr. Bernardi answered affirmatively. City Attorney Ragghianti noted the initial determination the Council makes as to whether to install a signal or not is a discretionary one and there is immunity pursuant to Government Code Section 830.4 for this decision. He stated there was a case decided in 1963 by the California Supreme Court involving the City of Cudahy where the Supreme Court indicated that if a determination is made to install traffic regulating devices where those devices do not need to be installed according to experts, the Court found that where the city undertook to control traffic at an intersection and thereby invited reliance on the signals, it may be held liable if it creates a dangerous or defective condition in doing so. He noted it was possible when installing signals for the City to be exposed to liability, which was included in a memo written today which can be made public, with the Mayor's permission. Mayor Boro responded affirmatively. Councilmember Breiner stated it was interesting to hear at the last meeting that there were a number of residents in the area who do not want a signal because it would divide the community and imply more of a major arterial than a residential neighborhood area. She stated she has asked staff to do more research on this because she knew of some techniques which other areas have used where they do attempt with different means, i.e., landscaping, extended curbs, to try to slow down traffic with this psychological approach, without using signs. She stated she felt there should be a way that pedestrians can cross "D" Street safely if it can be built into the system. Mayor Boro referred to the staff recommendation regarding Stop signs at Clorinda and Marin Streets and asked for the results of this. Councilmember Breiner stated in terms of this location, they did not want to take a position until they heard from the neighbors on Clorinda. She stated they were not buying into Mr. Bernardi's recommendation at this point. Councilmember Cohen asked City Attorney Ragghianti, with regard to the language quoted in this case, "the City may be held liable if it created a dangerous or defective condition by imposing the traffic controls". Mr. Cohen stated that, for example, we are told very clearly in the staff report tonight that a Stop sign at "D" and Antoinette creates a dangerous condition and, therefore, to do this might expose the City to serious liability if the City went ahead and did this anyway. Mr. Ragghianti answered affirmatively and stated the factual circumstances that underlie the Supreme Court opinion involved a 7 -year old child who was approaching an intersection and could see across the street to a signal that she believed indicated it was alright to cross, when in fact there was another signal that indicated just the opposite which could not be seen from the standing advantage point of this child and she walked into the intersection and was struck and injured. He stated this was the factual basis for the Court's opinion. There was a traffic signal device placed there which people were well within their rights to rely on, but it was not accurate. He noted that in the circumstance referred to, if an expert indicates it is not safe to place a traffic regulation device in the area, he felt it would probably expose the City to liability by placing it. Councilmember Cohen then asked about a situation where the City has a request for a Stop sign on a relatively lightly traveled street that fails to meet engineering warrants, yet they were not told placing this sign at this intersection would be dangerous. City Attorney Ragghianti responded that if the Council was not told that by placing the Stop sign at this location it would be dangerous is one issue; however, if staff is aware and there is statistical data or information that indicates that by placing this sign at this location it would be dangerous, this is entirely different. He stated that if staff does not have information after making a good faith effort to acquire it, then the City would be okay, but when the information is available, the City would probably be exposed. Mayor Boro asked with regard to the Stop sign at the foot of "D" Street, based on the SRCC MINUTES (Regular) 10/5/92 Page 7 SRCC MINUTES (Regular) 10/5/92 Page 8 backup material staff has and the traffic involved, if Mr. Bernardi was considering this a dangerous place to put these signs. Mr. Bernardi responded affirmatively. Mayor Boro stated that when they get into some of the other streets, the Council does have discretion and it is how this is utilized as to what the lia other streets, it was not the warrants and it is speculative but they do meet the warrants tendency, as observed on other that if they are not warranted a complete stop, and therefore a complete stop may be placed bility could be. He danger as much as the as to whether or not test. Mr. Bernardi s streets where Stop s there is a greater t a pedestrian relying in a then asked if on the qualification of the they are dangerous, tated there might be a igns have been placed, endency not to come to on a driver coming to SRCC MINUTES (Regular) 10/5/92 Page 8 SRCC MINUTES (Regular) 10/5/92 Page 9 situation where the driver will not stop and the pedestrian may be injured or there may be an accident between two vehicles approaching the intersection. Councilmember Cohen stated his opinion on the staff recommendations, noting he was pleased to see that staff had recommended what the neighborhood had requested on Marin Street. He stated with regard to Stop signs on Clorinda, they had asked the members of the neighborhood committee to attempt to talk to residents in this area who will be affected by this, and stated he would like to hear their comments, noting he felt it was a reasonable request to slow down traffic, which is a condition which resulted from approval of a development uphill on Clorinda, somewhat disconnected from the lower portion of the neighborhood where there has been an increase in speeds as observed by the residents. He stated he understood that if someone runs the Stop sign and an accident occurs, then the City is liable for putting the Stop sign in. He noted he could see how a Stop sign at "D" and Antoinette could be dangerous because there is a very short sight distance on a steep downhill and it could be difficult to stop for someone who is not familiar with this sign; however, he stated he did not see how putting a Stop sign on Clorinda creates a dangerous condition, other than assuming that drivers will tend to run the Stop signs and increase this behavior over time, but it is still illegal to run the Stop sign. Councilmember Shippey stated he did understand that there are times when putting a Stop sign in creates a more dangerous condition because, for example, children usually are taught to rely on Stop signs for drivers to stop so they can cross the street. He stated he felt that, regardless of the liability issue, they did not want to create a more dangerous condition; however, he felt he had not heard concrete testimony on this tonight. He then stated that anything which is put in is not necessarily "set in stone" and it would seem that particularly for the major intersections the City should police them in the future to see if they are actually creating a dangerous situation. He noted to have Police Officers in the vicinity will ultimately stop the speeding. Councilmember Cohen then stated his concern with the intersection of "B" and Bayview, noting he was disappointed that the Committee was not able to come up with a solution which meets with the neighborhood desire to have some pedestrian access across "B" Street with the constant traffic in that area. He stated he felt a traffic signal was warranted there, even though the neighborhood association did not agree with this. Mayor Boro stated he talked with the Traffic Engineer who spent time studying this particular area and asked about lapses in traffic, and the Engineer stated there were times when there were lapses in traffic when cars and people can cross. He stated the biggest concern was the children crossing before and after school. Mayor Boro suggested the neighborhood might think about using volunteer crossing guards for the times before and after school, which might help with this problem. Mayor Boro stated as they discussed the traffic signal, they should keep in mind the issue of funding and how they would find funding if they should decide to put in a signal in that area. Councilmember Breiner stated there was a suggestion for some unique striping for the pedestrian crossing and she asked staff to look into that suggestion. She also suggested the possible use of signs indicating pedestrian crossing areas. Sandra Lollini, President of the Gerstle Park Neighborhood Association, thanked the Council for the Stop signs at Bayview and "C" Street. She stated they have been effective, without a major increase in speed of traffic. Mrs. Lollini stated the neighborhood committee did not want a traffic signal on "D" Street because they thought it might cause drivers to consider this as a thoroughfare and will increase speed to make sure they will get through the green light without realizing that it is activated on the cross streets. She stated they did not want traffic backed up on "D" Street, due to these signals. Mrs. Lollini stated the neighborhood committee was strongly in favor of Stop signs on Clorinda and Marin Street. She stated at the last committee meeting Councilmember Breiner had asked for written letters from residents of upper Clorinda, of which they have received nine. She then gave a SRCC MINUTES (Regular) 10/5/92 Page 9 10 SRCC MINUTES (Regular) 10/5/92 Page detailed overview of the reasons why the neighborhood was requesting these Stop signs. Bill Smith, resident of 340 "C" Street, next to the newly installed Stop signs at "C" and Bayview, stated he was advised approximately one year ago that a Stop sign would be counter-productive at that intersection, even though there were accidents occurring there. He stated they have found that it has been a preventative measure in slowing down speeding vehicles and has been very effective. Frank Chase, resident of 236 Clorinda Avenue, stated there was a definite liability issue in this area. He stated the neighborhood supported putting in Stop signs on this street. Dick Chase, father of Frank Chase, stated he babysits for his son during the day and stated his concern for the children playing on the streets due to no sidewalks in that area. He stated he felt the Stop signs will slow people down. Roberta Rich, resident of 104 Reservoir Road, stated her concern with the possibility of property damage from fast drivers and the fact that there are no sidewalks on the streets. Mary Alice Miller, resident of 202 "D Street, stated she has noticed an increase in Police presence there and that motorists have slowed down, which she appreciated and hoped it would continue. Jack Grimes, resident of 354 Clorinda Avenue, stated that one of his children was struck by a vehicle on Clorinda and he was in support of putting Stop signs on the street. Mark Fox, resident of 239 Marin Street and a member of the neighborhood traffic committee, thanked the Council for the Stop sign which was put in on "C" Street and Mr. Bernardi for replacing the Yield signs with Stops signs on the various other streets. Mayor Boro stated this will be an ongoing process and asked Mr. Bernardi to point out exactly what the proposal is for the neighborhood. Mr. Bernardi pointed out the proposed areas for Stop signs: 1) Los Robles at Clorinda - Los Robles only; 2) Gloria & Clorinda - All Way; 3) Marin & Clorinda - All Way; and, 4) Replace Yield signs at Marin, Shaver and Welch, with Stop signs. Councilmember Cohen stated there is a very strong perception in the neighborhood that a dangerous condition exists. He noted that balancing that against the argument that putting a Stop sign in that someone may tend to violate creates a dangerous condition, he supports the side of the neighborhood. He noted they were presented with staff testimony that putting a "Stop" sign is going to create a dangerous condition and he can understand the legal precedent and liability we expose the City to. He stated, in his opinion, most of the testimony has been that there is a dangerous condition that exists and we have a way to reduce that by approving "Stop" signs on Clorinda, which he is in favor of doing. Councilmember Shippey stated he is not totally convinced that putting "Stop" signs in will not create a more dangerous situation. He suggested monitoring these as closely as possible to make sure this does not create more danger. Councilmember Breiner suggested approving the proposed Stop signs along Clorinda and having a six months' review, to get observations from the residents of Clorinda to see if this is working. Councilmember Thayer agreed with Councilmember Breiner that it would be worth looking at on a trial basis. She stated she was also interested in having some of the parking spaces removed to improve sight distance, even though staff was not recommending this. She asked if there were other types of signage, such as "Children at Play" or "Drive Slowly", etc., which could advise motorists to slow down for the children and/or pedestrians. Mr. Bernardi stated the only sign he would recommend would be a speed limit sign which would remind drivers of what the proper speed is in a residential street. He stated if it is not posted it is automatically 25 MPH, but they were willing to put up other signs, if requested to do so. SRCC MINUTES (Regular) 10/5/92 Page 10 SRCC MINUTES (Regular) 10/5/92 Page 11 Mayor Boro stated he was impressed with the fact that the Stop signs being talked about tonight were internal to the neighborhood, to control the traffic there. He noted that with all the support for this, it made sense to do this and he agreed with Councilmember Shippey's suggestion of monitoring this. He stated that is why he referred this to the City Attorney to find out if the Council has some discretion in this issue, and he felt they did. Councilmember Cohen moved and Councilmember Breiner seconded, that the Public Works Department place Stop signs at Los Robles at Clorinda, Los Robles only; All Ways at Gloria & Clorinda, at Madrona & Clorinda, Marin and Clorinda, and replace the Yield signs at Marin, Clorinda and Welch with Stop signs, with a six month review period. Councilmember Thayer suggested looking at locations where parking spaces could be deleted for purposes of sight distance. Mayor Boro stated this was part of the request of staff. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Under further discussion, Councilmember Cohen stated he, Councilmember Breiner, and the Neighborhood Association have been having ongoing meetings on the issue of one-way streets in which there was a significant recommendation, which is pending the outcome of the Downtown Traffic Study. He asked that direction be given to staff to continue with this project which is mainly at "C" and "B", Taylor, and "B" at Treanor. He also noted that the intersection at Woodland, Taylor and Bayview really needed some work and the neighborhood needed some information on load limits in this area. The Council concurred and Mayor Boro asked Councilmember Cohen and Councilmember Breiner to continue the process being done now. ll.REPORT ON SAN RAFAEL LIBRARY REPAIRS (Lib) - File 9-3-61 x 4-3-195 City Manager Nicolai explained that at the last Council meeting, September 21, 1992, staff brought information to Council regarding the necessary seismic repairs, ADA (Americans with Disabilities Act) and Building Code requirements, as well as relocation of the Circulation Desk to the downstairs area, which will potentially save some operating costs. At that meeting, staff was asked to discuss the Circulation Desk being proposed with the building consultant who worked with them on the new library proposal, as well as the building program overall, and if other projects could be done simultaneously and save some money by doing them now. She stated Library Director Stratford went over this with the consultant, Raymond Holt, whose recommendation was that by relocating the Circulation Desk downstairs they could use a little more room at that location and move the front door out more so it is flush with the cantilevered wall. She noted this will be braced per the seismic requirements. She stated the only impact will be the change of configuration of those few diagonal spaces in the parking lot in front of the Library because the front will actually be further out close to where the sidewalk ends and this might decrease the actual parking spaces there now. She recommended it was worth pursuing, and if the Council was in agreement with the model they were shown last week, Council should authorize staff to direct the architect to prepare the specifications to go out to bid with that in mind. Councilmember Breiner stated she was pleased to see that Mr. Holt had made some recommendations to improve the efficiency and circulation within the Library, which was one of her main concerns. She asked staff what the end results will be architecturally on the appearance of the front of the building? She also asked if there will be a drastic change? Public Works Director Bernardi stated that in looking at the Library from "E" Street, what is seen now is part of the building sticking out with nothing supporting it. He stated that whole space will be brought down to the ground so they will end up having a much taller facade, and where the front door is, instead of being set back, it would all be now in one plane. He noted there would be about a six foot covering over the front door which would provide some shelter from the elements for people waiting to get picked up or going into the Library. SRCC MINUTES (Regular) 10/5/92 Page 11 SRCC MINUTES (Regular) 10/5/92 Page 12 Mayor Boro asked Mr. Bernardi for clarification that this was part of the seismic work and the consultant is incorporating this improvement as a result of that. Mr. Bernardi answered affirmatively and noted what they would be discussing tonight was bringing the front door out to the same plane as the cantilevered wall. Mayor Boro asked Ms. Nicolai to comment on item c, the Webb Room. Ms. Nicolai responded that when the ramp is put into the Webb Room it will cause a loss of space there making it more difficult for activities such as Children's Story Hour, etc. She stated that the store room next to it will be opened up giving more work space for the employees in those offices and all the public activities will be up on the second floor. Councilmember Cohen asked with regard to children's services, would they still have a Children's Librarian who is available with the knowledge of the children's collection. Ms. Nicolai responded affirmatively, noting this person would be free to assist patrons in helping locate books and the clerical function will be relocated to the Circulation Desk. Councilmember Thayer asked if all the recommendations were compatible with the ADA? Ms. Nicolai responded affirmatively. Mrs. Thayer stated her agreement with where the Circulation Desk was going to be refigured. Councilmember Breiner asked if all these recommendations will be implemented or are there any conflicts? Mayor Boro clarified by stating that all three items, a, b and c, will be incorporated in the bid so that it will be constructed to take care of these and the supporting recommendations that go along with it. Ms. Nicolai responded affirmatively. Ms. Nicolai asked for clarification from Councilmember Breiner if she was speaking of Raymond Holt's recommendation and Mrs. Breiner answered affirmatively. Ms. Nicolai responded the only thing staff does not agree with is the video monitor and Mr. Stratford indicated this was for security purposes and Mr. Holt's recommendation with regard to the location of the remote book return. Mr. Stratford stated they have had no problems with this in the last ten or fifteen years. Councilmember Shippey asked how far away staff was from the bid, as well as the actual construction. Mr. Bernardi stated that if Council approves all the concepts tonight, staff will direct the architect to prepare the final working drawings for the actual project. Mr. Bernardi stated that once this is complete, they would call for bids, and that Mr. Finisy indicated it would take approximately 3-1/2 to 4 weeks to get everything completed and ready to go; they would then advertise for bids which should take about 60 days. He indicated that was approximately 90 days from now. Councilmember Shippey moved and Councilmember Breiner seconded, to adopt the three recommendations as listed by the Consultant, Raymond Holt, and, secondly, to authorize the architect to develop plans and specifications to implement those recommendations. Under discussion, Councilmember Cohen then stated it was not clear to him with regard to the recommendations from Mr. Holt, in terms of relocation of the meeting and program area that is currently the Webb Room, if this would be an area in the Children's Section or will it be a separate room that could be used for other meetings. Ms. Nicolai answered it probably will not be large enough to do that. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.REPORT ON CANAL AREA STREET SWEEPING PROGRAM (CM) - File 231 x 9-2-43 x 218 x 9-1 Assistant City Manager Golt gave a brief summary of the staff report for this item, stating the pilot program was approved in April, 1992, by the Council and once the signs were installed and all the mapping of underground utilities, etc., were completed, the program started up at the end of June, 1992 and towing began on July 13, 1992. She stated that the purpose of the report was to give Council an update and/or status report on how the pilot program is progressing and give staff a chance to give Council feedback on some of the pros and cons of the possibility of SRCC MINUTES (Regular) 10/5/92 Page 12 13 SRCC MINUTES (Regular) 10/5/92 Page expanding the program. She stated the program, itself, has proved to be successful from an operational standpoint, both from the Public Works and Police Department's perspectives. She noted there are still some challenges to it and the program has achieved its goal of cleaning the streets. She stated staff has had a lot of good feedback from a number of residents in the area, with regard to the cleanliness of the streets, with some limited complaints about the program. She stated some of the residents who have had to reclaim their vehicles or have received parking citations are not happy about this program, but this was to be expected. She noted the only troublesome complaint is that residents of the cross streets have complained that there is more litter on their streets since the pilot program began, which is because there are more people parking on their streets during the sweeping hours for a very limited time two days a week. Ms. Golt stated the Police Department information in the staff report gives some cost analyses of the different aspects of the program. She stated the most pertinent comment that was made in the report about the cost to the Police Department relates to loss of revenue, which is caused by having people assigned in the Canal area, rather than other areas of the City, which she indicated would be approximately $110.00/day in lost revenue. She stated if they expand the program, that loss of revenue could be doubled. Mayor Boro asked if this was in reference to citations not being written elsewhere in the City, and Ms. Golt answered affirmatively. Ms. Golt stated from the Public Works standpoint, this program has gone very smoothly. She stated that because of some staffing problems, Public Works has assigned a streets crew member to operate the sweeper which has avoided overtime costs, but has short- changed the street crew by one person. She stated she felt the most pertinent question tonight was; Should this program be expanded? She stated operationally, it can be expanded; however, there are some staffing and assignment problems, particularly in the Public Works Department. She stated her conclusion and recommendation was that because the program has been very successful, they are looking at expansion as a possibility. Ms. Golt stated the problem staff was facing now is that the Streets Division has a very specific program of maintaining and preparing the storm drains and water pumps for the rainy season and the leaf season. This, coupled with the loss of the San Quentin Prison crew, makes an expansion of the program now very difficult. She explained staff is recommending that the program be expanded, but not during the rainy or leafy season which is coming on shortly. She stated in talking with the Public Works Director and Streets Superintendent, they estimated that the rainy and leafy season will extend probably through mid-January, and more likely into February, so staff is recommending that the program not be expanded until the end of that time. Ms. Golt stated that looking at early March, 1993 would be a reasonable approach to expand the program. She stated during the course of the Winter months, while the pilot program is being continued, which is recommended by staff, the existing Street staff and/or Parks staff could work on installing the poles, but not the signs for the expansion area and at the end of the Winter season the signs would be installed and have a program to inform the residents that the expansion of this program is going to occur. She recommended adding two days to the street sweeping schedule, rather than just having more done on Monday and Thursday. She explained the expanded areas would be swept on Tuesdays and Thursdays in the morning hours, sweeping one side of the street per day, leaving the other side of the street for residents to park on. Ms. Golt summarized by stating the recommendations for this project were to expand the program, to wait until after the rainy and leaf season, have existing staff continue working on installing the poles, etc., for the expansion and then open up the area and expand the program at the end of the Winter months. Mayor Boro noted with regard to next year's sweeping schedule and diversion of the street sweeping crews from different parts of the City during the leafy season, the "No Parking" signs would be enforced and there may be certain days when street sweeping will not be in effect, but the "No Parking" and the "Tow Away" signs would be enforced. He stated this was being done in other neighborhoods where they do suspend street sweeping to cope with the problems with the leaves. He clarified that staff, with reference to next year, would see the program ongoing year-round, and take SRCC MINUTES (Regular) 10/5/92 Page 13 14 SRCC MINUTES (Regular) 10/5/92 Page compensating steps in this community to meet the demand of the leaves. Ms. Golt responded by stating one of the differences between the pilot area, or any area where there is "Tow Away" is that many of the areas where there is street sweeping in San Rafael, do not have the enforced "Tow Away". She stated for this particular year there are a couple of items which have prompted staff to recommend delaying the expansion of the program. Mayor Boro stated he understood this, but was asking about ongoing into 1993 and how this program will be continued in the Winter months due to the problem with the leaves. He asked City Manager Nicolai to clarify this issue. Ms. Nicolai stated when the program was started up it was made very clear and was agreed to by the community representatives that everywhere in the City when we were in the leafy and rainy season, street sweeping would be done if the weather is nice, but if it rains heavily or in high tides staff will be diverted. Ms. Nicolai then addressed the enforcement what degree they should be enforced. to the unpredictability of the weather enforcement of the signing whether or the specified days. She stated staff there will be no street sweeping, but conditions. of the "No Parking" signs and to She stated her feeling was that due there should be consistency in the not there is sweeping in the area on was not saying that for four months it will depend on the weather Councilmember Shippey stated the whole program was built on transferring parts of sweeping from other parts of the City in order to take care of this problem, and indicated he had not received a single complaint from citizens from the parts of the City where the street sweepers are being transferred. He then asked the other Councilmembers if they had received any complaints. With no response, Mayor Boro asked Mr. Bernardi to respond to this. Mr. Bernardi stated the reason the City is probably not getting any complaints is the street sweeping crew has somewhat shifted gears in this effort. He stated what staff has done was to maintain the street sweeping schedule because they found it too difficult to go onto a modified schedule. He stated they were taking a member from the Street Maintenance crew for the Mondays and Thursdays where they sweep in the morning and running the sweeper for the hour to two hours that it takes to sweep and then in servicing the sweeper, which takes another hour to 1-1/2 hour, this individual is lost to the Street Maintenance crew. He noted that for 2 half days per week, this crew is down one person and if the program is expanded, the crew will lose this person for two more half days. Councilmember Cohen clarified the reason the Council has not heard any complaints about reduction in service is service has not been reduced. Mr. Bernardi answered affirma-tively. Mr. Cohen asked how long this can be sustained? Mr. Bernardi stated that for the level of service the City is providing for street painting, sign maintenance, etc., there will be less time to do all these services. Mayor Boro asked if this choice was made due to overtime. Mr. Bernardi responded affirmatively and added it was not a big enough shift to revise the whole street sweeping program, and this was a better way to do this. Councilmember Breiner noted with regard to Page 2 of the staff report, "The use of an officer to run the towing program has cost the department about two hours per day of traffic enforcement time" and that they have lost enforcement of moving violations that would have brought the City some funds. She asked if Parking Enforcement Officers or Police Service Aides could be used instead of sworn officers. Ms. Golt responded that staff could look into this; however, the department has chosen to use a sworn Police Officer because of potential danger which might occur in this type of situation. SRCC MINUTES (Regular) 10/5/92 Page 14 SRCC MINUTES (Regular) 10/5/92 Page 15 Mrs. Breiner stated she was very reluctant at this point to expand this program unless some of the costs could be brought under control, especially if it will mean more of a loss from the Public Works side. Ms. Nicolai commented that once the program is up and running, and it is more of a routine, they can re-evaluate what level of employee is doing that, particularly the citation and towing aspects, with the re-evaluation to be done in the Spring. With regard to the Police Department, Mrs. Breiner indicated that after towing, some of the vehicles are not being released due to registration problems and inquired whether the Police Department was finding any stolen cars in this group being towed? Ms. Golt answered negatively. Councilmember Thayer asked why the City does not receive any of the towing fees? Ms. Nicolai explained the vehicles are being cited by the City, who receives the citation funds; however, this is separate from the towing fees which the towing company charges when the owners of the vehicles claim them. Mrs. Thayer asked if there was any way to differentiate fees for parking in a "No Parking" zone for this specific purpose and making it a higher fine. Ms. Golt stated she would research this issue with the Finance Director and Acting Police Chief. Mayor Boro stated the parking fine was $25.00 and the towing fine was $102.00 and if the City was incurring additional paperwork other than from the normal citation process, then staff may want to research possibly raising the $25.00 fee to compensate for the amount of money it takes to process the citation procedure. Ms. Golt stated she agreed with Mayor Boro on the consistency of the application. She noted if they were to increase the citation fee or the towing fee, etc., that should be applied uniformly throughout the City for any towing situation, instead of only one part of the City. Mayor Boro stated, according to the staff report, there is an expense involved for staff to process the citation payment, which is inherent to the towing process and if that is additional, we should try to recover that money. Ms. Golt agreed that it was an additional workload and stated it was part of the Police Records Clerk's job. She stated the additional workload has come about because there is more activity. Councilmember Thayer asked about the differential between the rate of return received on parking fines in this particular area and whether it is different from other parts of the City. Ms. Golt responded negatively and stated the City is getting approximately one-third of the citations paid (in the Canal area) and noted she was not sure what the rate was in the other areas of the City. Mrs. Thayer asked if the fines collected in other parts of the City pay for the cost of enforcement? Ms. Golt stated that the Police Department estimated they would need a 50o return to cover this area, but she did not know what the payment rate was for other parts of the City. Mayor Boro asked if someone defaults on one of these tickets and does not pay at the time they register their vehicle next year whether this will turn into a lien. Ms. Golt answered affirmatively and noted the City will ultimately get the money. Bill Weeks, member of the Canal Property and Business Owners Association, stated that Phase I of the street sweeping has been quite successful and the only problems have been from residents on the side streets, which has been addressed. He stated they felt the City should get almost 1000 compliance on the citations and should not need to wait until the California Department of Motor Vehicles reimburses the City, along with taking their fees. He suggested a possible way to achieve this would be to pay the citation fee in order to get their vehicles from the towing yard. Mayor Boro stated this was the procedure here. Ms. Golt agreed with Mayor Boro and stated on days when towing occurs, there is a limit to the number of vehicles being towed, which is an average of 10 per day, but they issue far more citations which include some that were issued associated with a towed vehicle. She stated it was the citations, not the towed vehicles, that the City is getting reimbursement for. Mr. Weeks stated the next issue is with regard to the estimate of $10,000 needed to put in the signs because the San Quentin Prison crew will SRCC MINUTES (Regular) 10/5/92 Page 15 16 SRCC MINUTES (Regular) 10/5/92 Page possibly not be available. He suggested using the San Quentin crew prior to them going on hiatus, or when the program is eliminated, to save the City $5,000, and wait until after the rainy season to start putting the signs up and start the second phase. He noted if the program is not finished prior to the completion of the San Quentin program, then the City could have the Park and Recreation Department finish the job. Ms. Golt responded staff would research this issue, noting they just had the San Quentin crew and it might possibly be rotated to another community prior to being able to return and finish this project. She stated there are 5 other cities involved in using this crew and the City would have to wait for our turn again. However, it was her under- standing that the crew will be disbanded by that time. She explained the $10,000 cost to the City, but if the Streets Division employees install them, there is no additional cost. Mayor Boro stated the equipment value is $10,000. Christine Hughes-Randburger, resident of one of the streets that is being swept under the pilot program, stated she is very happy with this program and encouraged the Council to expand the program out to the rest of the neighborhood. She stated this has had side effects they did not expect which were to discourage people from bad behavior, and noted she does not have to call the Police Department twice a week as she had been doing which pleased her. Councilmember Breiner asked Ms. Hughes-Randburger and Mr. Weeks if there were enough trash receptacles. Ms. Hughes-Randburger responded negatively. Mrs. Breiner stated she wanted staff to put this into the system, too, because the City may be able to find businesses, etc., to fund these receptacles. Mr. Weeks stated Assistant Public Works Director Lloyd Strom found approximately 100 "seconds" trash receptacles for approximately $2.00 to $3.00 a piece, and would be contacting Ms. Golt to find out how to start having the garbage picked up from these receptacles. Ms. Golt stated this was an outstanding price, if it can be achieved, but the receptacles staff put in that area were approximately $115.00 each and they were seconds. She stated the trash pickup needed to be worked out. With regard to the trash receptacles, Councilmember Thayer noted in the Canal area one problem was the inadequate number of trash receptacles on properties of apartment owners and some business owners, especially those that sell food products. Mayor Boro stated there was a new citywide garbage ordinance which is currently being worked on and is now in draft stage. He stated Councilmember Shippey has been working with the garbage company and a couple of the members of the East San Rafael Task Force on this, and it should be coming before the Council soon. Ms. Golt stated one issue that is not completely covered by the garbage issue would be the problem of some merchants using just a trash can for their patrons to use, and the merchants do not police this area as much as they could. She stated this was something staff would be working on to have those areas look better. Councilmember Shippey moved and Councilmember Breiner seconded, to accept the report and earmark the expansion of the Canal Cleanup Program to begin in mid-January or early February, 1993, per staff report. Mayor Boro clarified the time and issue in that what Ms. Golt is looking for is more toward March 1, 1993. He suggested having the sign poles installed, the signs go up in early February with the idea that by March, 1993, the process can be started - the education and then the sweeping. Councilmember Shippey suggested February/March, 1993 in the motion. Ms. Golt stated much of this depends on the weather, and she used March or March 1st just to insure that this program is up and running by that time. She stated staff could get everything installed and wait for the signs; for example, the day before it will start up to be installed, doing the education, etc., prior to that. Councilmember Breiner commented that she wanted to be sure the City would continue to enforce, as much as possible, the habit of citing the vehicles consistent with the signing and not allowing them to park during the sweeping times regardless of whether the sweeper works or not. Ms. Golt agreed and stated the pilot program would continue. Councilmember Cohen commented he supports the program and when the pilot area was adopted the Council implied that if this was successful, it would have SRCC MINUTES (Regular) 10/5/92 Page 16 17 SRCC MINUTES (Regular) 10/5/92 Page to be expanded. He stated the only word of caution he wanted to inject here was that of the reduction in service levels in progress now in other areas of the City that are important and they should not be forgotten. He stated the other thing this motion brings forward involves approximately $6,000 in this budget and close to $17,000 in next year's budget. He stated that unless there is a funding source for this, we need to watch the funding problem. Mayor Boro responded he felt the Council was on record of supporting the Four Point Program and this is one of the points. He noted there were other problems in other areas of the City, but they have made a commitment to this. He stated what they were looking for are: Does the City need a sworn officer, or use a non -sworn officer, and other better ways to go forward with this process. He stated he felt they should keep this commitment. Councilmember Cohen agreed with Mayor Boro and stated he is supporting the motion, but would like to continue reviewing this as it comes along. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 10/5/92 Page 17 SRCC MINUTES (Regular) 10/5/92 Page I: 13.CITY COUNCIL REPORTS: a) COUNTYWIDE PLANNING AGENCY - File 191 (VERBAL) Mayor Boro stated he attended a Countywide Plan meeting a few weeks ago and a workshop is being scheduled with the Countywide Planning Agency on the concept of better coordination between the cities on their General Plans and the Countywide Plan and to decide the type of authority to vest in the Countywide Planning Agency, itself. He stated he would be bringing back information to the Council as this progresses. Mayor Boro also noted that he received a document which indicated that on an evaluation of housing in Marin County, the City of San Rafael, County of Marin and the City of Mill Valley are the only three that have an acceptable housing element right now with the State. He stated it indicated the bulk of the cities have not developed one or have one under submission. b) ST. VINCENT de PAUL DINING ROOM - File 10-2 x 9-2 (VERBAL) Councilmember Cohen stated he attended a meeting of the St. Vincent de Paul Advisory Committee which has defined the needs for the dining room to determine where they can move this facility. He stated they can now look at areas of the City where this might be appropriate to relocate. He noted there will be another meeting in the near future and he will bring back another progress report. c) MARIN COUNTY BOARD OF SUPERVISORS - WINTER HOUSING OF THE HOMELESS - File 13-16 (VERBAL) Mayor Boro stated that tomorrow, Tuesday, October 6, 1992, the Marin County Board of Supervisors will be addressing the winter housing for the homeless. He noted that in discussions with members of the Board, he felt the thrust now should be to provide shelter to people who are interested in helping themselves and these people should also be treated during the day for their needs and rehabilitation. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/5/92 Page 18