HomeMy WebLinkAboutCC Minutes 1996-10-07SRCC MINUTES (Regular) 10/7/96 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 7, 1996 AT 8:00
PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CLOSED SESSION
None
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM
None
CONSENT CALENDAR
Councilmember Cohen moved and Councilmember Phillips seconded, to approve the
following Consent Calendar items:
ITEM RECOMMENDED ACTION
2. Call for Applications to Fill Two Positions Approved staff
recommendation:
on the Park and Recreation Commission Due to a. Called for
applications
Expiration of Terms of Commissioners to fill two four-year
Patrick J. Webb and Richard D. Wolfe, M.D. (CC) terms on the San Rafael
- File 9-2-4 Park and Recreation
Commission to expire the end of October, 2000;
b. Set deadline for receipt of applications Tuesday, October 29, 1996 @ 12:00
Noon in the City Clerk's Office, Room 209, City Hall;
C. Set date for interviews of applicants at Special Council meeting to be held
on Monday, November 4, 1996, commencing @ 6:00 PM, Conference Room 201, City
Hall.
3. Resolution Authorizing Creation of Position RESOLUTION NO. 9711 -
of Director of Administrative Services, RESOLUTION (1) AUTHORIZING
Establishing a Salary Range, and Appointing ESTABLISHMENT OF
Ken Nordhoff to the Position, Effective ADMINISTRATIVE SERVICES
November 4, 1996 (Per) - File 9-3-20 x 7-4 DEPARTMENT: (2) CREATION OF
POSITION OF ADMINISTRATIVE SERVICES DIRECTOR, (3) FIXING A SALARY RANGE FOR SAID
POSITION, AND (4) APPOINTING KEN NORDHOFF ADMINISTRATIVE SERVICES DIRECTOR
(Effective 11/4/96)
4. Summary of Legislation Affecting San Rafael (CM) Accepted report.
- e o-1
6. Resolution Extending Time for the Completion of RESOLUTION NO. 9712 -
Improvement Work - Map of Shoreline Center (PW)RESOLUTION AUTHORIZING
- File 5-1-324 EXTENSION OF SUBDIVISION
AGREEMENT - "MAP OF SHORELINE CENTER" (To and Including 9/23/98)
7. Resolution Authorizing an Amount Not to Exceed RESOLUTION NO. 9713 -
$10,000 from the Gas Tax Fund Account for the RESOLUTION AUTHORIZING AN
Construction of Sidewalk Along Medway Road, fromAMOUNT NOT TO EXCEED
East Francisco Boulevard to Front Street (PW) $10,000 FROM THE GAS TAX
- File 11-7 x 4-9 FUND ACCOUNT FOR THE
CONSTRUCTION OF SIDEWALK ALONG MEDWAY ROAD FROM EAST FRANCISCO BOULEVARD TO
FRONT STREET (Whiteside Construction - Lowest Responsible Informal Bidder)
9. Resolution Authorizing Execution of Agreement for RESOLUTION NO. 9714 -
Professional Services with Resource Management RESOLUTION AUTHORIZING AN
International, Inc. to Conduct 1996/1997 AGREEMENT WITH RESOURCE
Biological Monitoring of the Spinnaker Lagoon (PW) MANAGEMENT INTERNATIONAL,
INC.
- File 4-10-252 TO CONDUCT 1996/1997 BIOLOGICAL
MONITORING OF THE SPINNAKER LAGOON
6/30/97)
(One Year Commencing 7/1/96 and ending on
10. Merrydale Overcrossing - Resolution Authorizing RESOLUTION NO. 9715 -
Temporary Construction Easement Extension #2 With RESOLUTION TO AMEND THE
EDM Investments (PW) - File 4-3-263 x 4-8-23 x 2-2 RIGHT-OF-WAY CONTRACT
BETWEEN EDM INVESTMENTS AND THE CITY OF SAN RAFAEL FOR TWO TEMPORARY CONSTRUCTION
SRCC MINUTES (Regular) 10/7/96 Page 1
SRCC MINUTES (Regular) 10/7/96 Page 2
EASEMENTS IN AN AMOUNT OF $5,000
11. Resolution to Reappropriate $7,840 to RESOLUTION NO. 9716 -
Account 001-2150-196-8000 for Consultant RESOLUTION REAPPROPRIATING
Services Performed by MIG, Inc. for North $7,840 TO ACCOUNT 001 -2150 -
San Rafael Vision Start-up, from Resolution 196-8000 TO PAY MIG, INC.
No. 9584 Adopted April 15, 1996 (P1) FOR SERVICES PERFORMED
- File 4-3-311
13. Resolution Authorizing the City of San Rafael RESOLUTION NO. 9717 -
to Become Fiscal Agent for the Diversified RESOLUTION AUTHORIZING THE
Funding Project of the Joint Marin Literacy CITY OF SAN RAFAEL TO BE
Program (Lib) - File 4-13-86 x 9-3-61 FISCAL AGENT FOR THE
DIVERSIFIED FUNDING PROJECT OF THE JOINT LITERACY PROGRAM OF THE SAN RAFAEL
PUBLIC LIBRARY AND THE MARIN COUNTY FREE LIBRARY
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following items were removed from the Consent Calendar for further discussion:
1. APPROVAL OF MINUTES OF SPECIAL WORKSHOP MEETING OF THURSDAY, MARCH 21, 1996,
AND
SPECIAL JOINT PUBLIC HEARING OF MONDAY, SEPTEMBER 16, 1996 (CC)
Councilmember Miller announced he was abstaining from the Minutes of March 21, 1996,
as he was appointed to the City Council on June 24, 1996.
Councilmember Heller announced she was abstaining from the Minutes of September
16, 1996, due to absence from the meeting.
Councilmember Cohen moved and Councilmember Phillips seconded, to approve the Minutes
as submitted.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Heller (from the minutes of 9/16/96 only)
Miller (from the minutes of 3/21/96 only)
5. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR TERRA LINDA RECREATION CENTER
REROOFING PROJECT NO. 001-2150-184 TO INDUSTRIAL ROOFING COMPANY FOR $39,565
(PW)
- File 4-1-483
Public Works Director David Bernardi reported insufficient funds had been budgeted
for this project, noting the staff report stated both the Recreation Center
and the Bath House were bid separately to determine what the actual costs were.
He stated for the Recreation Center only, the cost was $39,565, and for both
buildings it was $56,845, noting $45,000 had been budgeted for the project.
Mr. Bernardi reported that in looking at the roof of the bath house to see if it
could wait until we budgeted funds next fiscal year, or thereafter, it was
staff's determination that sufficient patching had been done on the roof to
warrant a recommendation to Council to request an additional $20,000 in order
to reroof that building as well.
Mr. Bernardi stated staff was requesting Council award the contract for the entire
amount of $56,845 to Industrial Roofing Company, noting the funds would come
out of the Capital Improvement Fund.
Councilmember Phillips moved and Councilmember Cohen seconded, to adopt a Resolution,
as amended, awarding a contract for the Terra Linda Recreation Center Reroofing
Project to Industrial Roofing Company, in the amount of $56,845.
RESOLUTION NO. 9718 -RESOLUTION OF AWARD OF CONTRACT FOR TERRA LINDA RECREATION
CENTER REROOFING PROJECT NO. 001-2150-184 TO INDUSTRIAL ROOFING COMPANY, (AS
AMENDED) IN AMOUNT OF $56,845 (Lowest Responsible Bidder)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 10/7/96 Page 2
SRCC MINUTES (Regular) 10/7/96 Page 3
8. RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT
WITH DKS TO DESIGN A TRAFFIC SIGNAL SYSTEM FOR INTERIM SOLUTION FOR THE
INTERSECTION OF LUCAS VALLEY ROAD SOUTHBOUND 101 RAMPS (PW) - File 4-3-215
Councilmember Heller asked what the total cost of the traffic signal would be,
whether the City or the State would be funding this, and when it would be
completed? Mr. Bernardi stated Traffic Mitigation Fees would be funding this,
and the estimated cost of the project is approximately $250,000, noting these
are interim signal installations to accommodate additional development approved
by the City, specifically Regency II. He reported this project should be
constructed in one year, noting the City must get CalTrans' approval for the
actual geometrics and the work at the interchange, and that will take some
time.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the
Resolution.
RESOLUTION NO. 9719 -RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER
INTO AN AGREEMENT WITH DKS TO DESIGN A TRAFFIC SIGNAL SYSTEM FOR INTERIM SOLUTION
FOR THE INTERSECTION OF LUCAS VALLEY ROAD AND SOUTHBOUND 101 RAMPS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ADVANTAGE COMMUNICATIONS
INC. FOR AUDIT OF CITY'S TELECOMMUNICATIONS SYSTEMS (Fin) - File 9-3-20
Mayor Boro announced this Item had been pulled from the Agenda at the request of
staff, and would be held over to the meeting of October 21, 1996.
Mayor Boro announced the Council would address Item #20 at this time, as there were
a number of people in the audience waiting to hear this item.
20. REPORT ON OUTCOME OF NEGOTIATIONS WITH ST. VINCENT DE PAUL SOCIETY
- File 9-2-49
Mayor Boro explained he and Vice -Mayor Cohen would be reporting on the negotiations
and where the City currently stands, stating this was strictly an informational
item, and the Council would not be taking any action at this time.
Mayor Boro reported that on August 19, 1996 there was a lengthy discussion before
the Council and the public regarding this issue, noting they had already met
previously with the team from St. Vincent's. Mayor Boro stated he and
Vice -Mayor Cohen reported to the Council and the public that there were several
items they needed to be aware of, and it was his understanding St. Vincent's
negotiating team was going to go before their Board of Directors with these
same items the very next evening, August 20th.
Mayor Boro reported he and Vice -Mayor Cohen began their discussion on August 19th
by stating they, as well as the rest of the Council, had always been on record
as supporting the mission of St. Vincent de Paul, and were in no way questioning
the need or necessity for that particular service; however, they did feel very
strongly that as a City they have the obligation and the right to discuss the
location of the facility and how it was operated.
Mayor Boro stated that he reported there had been some agreement amongst the team
members from St. Vincent's about a Code of Conduct, and denial of service for
infractions of the Code of Conduct. He also reported St. Vincent's had actually
done some outreach with the neighbors on "B" Street, which was very positive,
and had also included two members from the merchants group on "B" Street to
be part of their Oversight Committee. Mayor Boro noted Vice -Mayor Cohen had
stated, in the previous meeting with the representatives from St. Vincent de
Paul, that in addition to the operational issues, the issue of a Use Permit
was critical, and both Mayor Boro and Vice -Mayor Cohen stated that without
a Conditional Use Permit the City would not undertake the relocation of St.
Vincent de Paul.
Mayor Boro reported that on August 23rd he and Vice -Mayor Cohen met with members
of the St. Vincent de Paul Society and Stephen Dobbs, the outside mediator.
Mayor Boro noted he had reviewed his notes from that meeting, and the first
thing they showed was that Mr. Kunst had stated St. Vincent's was willing to
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SRCC MINUTES (Regular) 10/7/96 Page 4
move, and they were willing to negotiate a Use Permit, but they would not go
across Bellam to Simms, noting that was a big issue to them as far as the location.
Mayor Boro stated that at this meeting there was some discussion about the
possible future location, and it was reported in the press, through a press
release, that the City and St. Vincent de Paul had agreed the boundaries to
be excluded from the relocation of the dining room were Second Street to Mission
Street and from Grand Avenue to West End, and further agreed that the City
would work jointly with the Society if they had a Use Permit, looking south
of Downtown on the east and west sides of Highway 101, primarily in the industrial
areas. Mayor Boro noted that was the one item the Society was going to go
back to their Board of Directors to discuss. Subsequent to that, approximately
three to four weeks later, the City received a letter from Mr. Kilty stating
we did not have a deal, and they wanted to discuss a "voluntary Use Permit",
which had never been addressed.
Mayor Boro stated the City had labored long and hard on this issue for a number
of years, noting Vice -Mayor Cohen, in particular, had represented the City
on various negotiating teams, and they truly believed that this time the City
had reached some closure. He stated he felt very strongly that a Use Permit
was not only required, but was mandatory, pointing out that Ritter House, as
well as all of the City's other social service agencies operate under Use
Permits, and they find it is something they are able to deal with and live
with, and provides a sense of order in the community as a result of having
a Use Permit. Mayor Boro stated it was important the mission be done in a
way that is complimentary to the general good, and not contrary to the general
good.
Mayor Boro stated the way he viewed the issue at this point, there would be no further
discussions with respect to the City looking for a new location, or agreeing
to buy the building for purposes of moving, or paying relocation expenses until
we have a Use Permit.
Vice -Mayor Cohen stated this was the single most frustrating issue he has had to
deal with since being elected to the Council in 1991. Mr. Cohen noted that
over the years the City had repeatedly stressed to the operators of the dining
room the need for them to take responsibility for the impact their operation
had on their neighbors, and the community as a whole. He stated one of the
reasons this issue had been so difficult for him was that he believes very
strongly in community service, and service to those less fortunate than
ourselves. Mr. Cohen stated he supports St. Vincent de Paul's mission, and
while he does not see it as a solution to the problem, he finds nothing wrong
in a religious order feeding hungry people, and he does not want to see the
role of government be to shut that down. However, at the same time, he believes
it is the City's role, just at it is their role when there is a business that
operates to the detriment of its neighbors and the community, to force the
operators to run their business in a responsible fashion, or ultimately to
close their doors. He stated the City has to take the same approach with St.
Vincent's, regardless of how they feel about their good works.
Mr. Cohen noted the City has been trying to get them to do this for a number of
years, starting with the "Good Neighbor Policy", working hard to get them to
buy into the concept that their responsibility extended out beyond the threshold
of their operation. He stated it was interesting, and should have been a warning
signal, that this issue came up during mediation, and when Mr. Cohen asked
what had happened to that Policy, they said, "Oh, yeah, we had that; we did
put that in place a couple of years ago at the City's urging, but after about
six months it got too difficult, so we stopped doing it." Mr. Cohen noted
that had merely been a policy that when people were sitting in front of other
businesses on the same block, they would ask them to stop doing it, and when
people were littering and panhandling on their block, they would go out and
tell them they were making it difficult for everyone and ask them to move on,
and not be so intimidating. He reported the people from St. Vincent's stated
this policy got them into too many conflicts with their own diners, and it
was too much trouble, so they just stopped doing it.
Mr. Cohen stated the City had hoped that this time it would be different, noting
the reason he agreed last year to this approach was because St. Vincent's had
approached us and stated they and the City were really at loggerheads, had
not been able to agree anytime there was a difficult issue, and they felt we
should go to mediation with a neutral third party, because by doing that, they
believed we could get somewhere. Mr. Cohen recalled St. Vincent's had stated
they understood what the City had been saying, and they wanted to work with
US. Mr. Cohen reported Seamus Kilty had approached Mayor Boro with that
suggestion, Mayor Boro considered it and discussed it with Mr. Cohen, and they
felt it would be worth a try, noting it was always better to try to work things
out than fight over them.
SRCC MINUTES (Regular) 10/7/96 Page 4
SRCC MINUTES (Regular) 10/7/96 Page 5
Mr. Cohen stated he negotiates contracts for a living, and noted these had been
the most difficult and frustrating negotiations he has ever been a part of,
pointing out they were difficult, and almost failed a number of times. However,
once they had worked things through and gotten to a middle ground, where both
sides agreed, and both sides had given up something they wanted to get, to
have the rug pulled out from under us like this was a real shame. He noted
he felt this did not speak to the City, Mayor Boro or himself, or the members
of the City' s team, but did speak to the sincerity of St. Vincent's . Mr. Cohen
stated the charge of "bad faith" was one that has been levied in the press
before, noting he has already had friends say, "I told you so". He stated
he had to concede, at this point, that they were right, although he and Mayor
Boro had thought it was worth one more try, in a neutral setting with a mediator,
to try to resolve this. He stated there was no doubt in his mind what we had
agreed to, and what St. Vincent's representatives agreed to. He pointed out
that not only did they agree, they took several days, and then agreed Mayor
Boro and Mr. Cohen would come back before the Council, and St. Vincent's
representatives would go back to their Board of Directors and make sure they
had the authority to reach this agreement, and then reconvene in a week and
reach the final agreement. He stated the representatives came back and said,
"Yes, we agree, and we are prepared to do this."
Mr. Cohen stated he understood that now there was an effort to blame one member
of the St. Vincent negotiating team, and he felt this was a real shame, noting
he would have a lot more respect for St. Vincent's if they had come out early
on and stated they were not ready to do this, and they were not willing to
have a Use Permit. He stated that was not a position he would have agreed
with, but he could have respected their taking it strongly, as opposed to
agreeing and then backing off and trying to blame it on one member of their
negotiating team.
Mr. Cohen stated he did not know where this left us, although he noted the concept
of a voluntary Use Permit, or an operation that leaves this community reliant
on St. Vincent's goodwill in operating their facility with no constraints,
is not a workable solution. He stated this was a great opportunity for the
people at St. Vincent's to show they could be trusted, that good faith was
a concept they understood, and that they would voluntarily undertake to make
efforts to operate their facility in a way that reduced the impact on the rest
of the community, noting that clearly this was not something they were capable
of doing. He stated any solution that leaves them operating without some
controls, and without some ability to have order imposed, if that is what it
takes, was a solution that would be unacceptable.
Councilmember Phillips stated virtually everyone he had spoken with regarding the
mission of the dining hall stated they were in support of St. Vincent' s activity;
however, when it comes to the disruptive situation which has been created,
the support dissipates. He stated it was unfortunate we have a valid and
valuable public service that just does not fit in the particular place where
it is located, noting the City has offered to find other locations, which he
felt was the right approach. He stated the one thing he wanted to bring out,
and place in the public record, was the issue of a Use Permit. He noted much
had been made of this, and he suspected many members of the public were not
familiar with exactly what a Use Permit constitutes. He explained that while
a Use Permit is tailored to a particular business and, therefore, he cannot
read the exact terms and conditions, he thought it would be enlightening to
read some of the terms and conditions that are generally imposed upon businesses
in San Rafael, so members of the public could conclude for themselves, as he
has, whether or not these are onerous or reasonable.
Mr. Phillips read, for the record, the following standard Use Permit terms and
conditions, noting they had come from the City's Planning Department, and Mr.
Kilty had been given a copy to make certain he understood the points we were
discussing: 111. Operation would be defined as a high-volume food -service
establishment, operated by St. Vincent de Paul Society at a specified location;
2. Hours of operation and days of operation would be specified; 3. The number
of meals to be served per day would be specified; 4. Compliance with the Uniform
Building Code and Fire Code would be required (Mr. Phillips noted this was
true of all businesses); 5. Some type of monitoring, scheduled by the Planning
Commission, would be established for the first year or two of operations (Mr.
Phillips noted reference had been made
to Ritter House, and pointed out these kinds of conditions had worked extremely
well at Ritter House); 6. Compliance with County Environmental Health
regulations for food service would be conditioned; 7. Drugs, alcohol, and
other controlled
substances would not be permitted on the property; 8. Dangerous behavior would
not
SRCC MINUTES (Regular) 10/7/96 Page 5
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be allowed and would be reason for eviction for diners; 9. Staffing levels would
be specified (this would have to be negotiated, and Mr. Phillips noted this
was to provide reasonable service for the patrons); 10. Some type of Advisory
Board would be created, probably jointly appointed by St. Vincent de Paul and
the City Council, to advise on operations; 11. A Code of Conduct would be
required. This would be developed by St. Vincent de Paul in negotiations with
the City. Some type of appropriate enforcement mechanism would be included;
12. A Neighborhood Contact Person would be designated, so that people would
have a place to go with complaints, and the complaints would be responded to;
13. A litter program would be required; 14. Outdoor storage would be regulated
in some respect; 15. There would probably be conditions to regulate parking;
16. Some type of appropriate security program would need to be specified."
Councilmember Phillips stated he brought this up because there has been a
lot of discussion about the Use Permit, and now the record will reflect the
types of conditions that would be placed upon the use.
Councilmember Miller stated he had thought long and hard about this particular
situation, because it strikes him in a very personal manner, at the heart of
his religious convictions, and he supports the relocation of St. Vincent de
Paul Dining Room with a Use Permit, out of a sense of justice, a sense of
community, and a sense of compassion for the people who will receive their
services. Councilmember Miller stated that at their present location, St.
Vincent's stimulates a clash between productive and distributive justice,
explaining productive justice meant every person having an inalienable right
to the products of his or her labors and ingenuity, and in this case referred
to the store owners and people doing commerce in the street there; distributive
justice meant every person having a fundamental right to whatever the portion
of the world's good is necessary for a decent life, noting this referred to
St. Vincent's, and the wonderful work they are doing in terms of helping and
feeding, and allowing people to live in at least some sort of dignity. However,
in this situation, he noted, this clashes; therefore, it is incumbent upon
us as a community to avoid that clash, and the way one can avoid that clash
is simply by relocating St. Vincent's. He noted this is a retail area, and
St. Vincent's could easily move to another area where it would not clash with
the productive rights of its neighbors, and the sense of community. He stated
property rights are social by nature, property rights are not absolute, they
are conditional, and local government is the arbiter of the common good. He
noted the vehicle used to tailor these rights for the sake of the common will
was the Use Permit and, therefore, it was the solemn obligation and
responsibility of the Council to see that St. Vincent's operates within the
context of the common good, and a sense of compassion. Mr. Miller stated he
profoundly believed a new location, a new facility, and improved operations
would afford better service, and better exercise the virtue of distributive
justice.
Councilmember Heller stated she concurred with what had been stated by her fellow
councilmembers, noting she had been struggling with this problem for the past
three years, and understood Councilmember Cohen's frustrations. She stated
she would like to see the types of conditions usually associated with a Use
Permit explained in the newspaper, as she felt the community was unclear on
what a Use Permit was, and why it was necessary. She stated she was very
interested in the letters received during the past few weeks, as well as those
sent to the newspaper. She felt they were good letters, and had been very
thoughtful and kind. She cited a paragraph from one of the letters, which
she felt stated what the community was thinking, as well as what she and the
rest of the Council were probably thinking, "I believe St. Vincent's will fill
some vital needs. Society's safety nets do not reach all people in need, and
it is our civic duty to support programs that produce results and help people,
but as any other service provider, St. Vincent's needs to look beyond its walls
to fully understand and accept the facts about how its presence affects other
businesses and service providers Downtown. Under the circumstances, the
negative impact on the neighborhood has come to outweigh the service it
provides." Ms. Heller stated she felt this generally reflected what the feeling
is, and what she has been hearing, noting it also matches her thoughts.
Mayor Boro noted there was no decision or action the Council would be taking at
this time, and invited members of the public to address the Council.
Francis Dieli, homeless and living in San Rafael, stated the City might have an
argument in favor of relocation, because good things are starting to happen
to the businesses in the area, and businesses do have an argument. Mr. Dieli
stated any
relocation would have to be central to the Downtown, noting he can make some sort
of contact and pick up jobs Downtown, which he values. Mr. Dieli suggested
a very good location would be on Ritter Street, perhaps even as an expansion
to Ritter House. He felt this might satisfy a lot of people, noting the street
is somewhat blocked off and hidden, and it would place the food services close
to the shower facilities.
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Elissa Giambastiani, President of the San Rafael Chamber of Commerce, stated the
Chamber's Board of Directors had asked her to report that they support the
Council's strong position on moving St. Vincent's dining room. She noted the
Board also
believes the dining room has been a negative influence on the Downtown, and that
it is imperative they do whatever they can to eliminate any influences negatively
impacting the Downtown. She referred to Mr. Phillips' reference to the types
of conditions normally included in a Use Permit, and noted when she had gone
to Northgate Mall recently, she was struck by the fact that there was a large
sign at the entrance which listed the "Code of Conduct at the Mall at Northgate" .
She noted a lot of businesses have adopted a Code of Conduct, and she felt
St. Vincent's needed to do that, as well.
Al Barr, resident of San Rafael, complimented Councilmember Cohen and Mayor Boro
for the long hours they had spent on this issue, stating this was a troublesome
issue, and noting many people have very strong, emotional feelings about St.
Vincent's and the associated issues. Referring to the process that would now
be undertaken by the City, he stated the wheels had been placed in motion by
the action of the Redevelopment Agency, and noted this would undoubtedly wind
up in court, and may be a process that will last a couple of years and cost
the City thousands of dollars it can ill afford. He suggested the City Council
take a "time out" for one month, with the City and St. Vincent de Paul being
given the option of submitting this issue to a third party for compulsory
arbitration, whereby both sides would agree beforehand to abide by the decision
of the arbitrators. Mr. Barr stated he felt arbitration was a more reasonable
approach to the problem, rather than ultimately going to court, which would
also delay the City's redevelopment work.
Charles Garfink, President of the Business Improvement District, reported his Board
of Directors had also met, and they wished to go on record as thanking Mayor
Boro and Councilmember Cohen for all the work they have done on this, and to
urge the Council to move forward on this as quickly as possible.
Jeffrey Allen, President and owner of Minto & Wilkie Insurance Agency, noted they
are probably one of the oldest businesses on Fourth Street, celebrating their
80th Anniversary this year. He stated he had purchased his agency in 1988,
and in 1989 he purchased the building they are currently housed in. Mr. Allen
stated he was a Catholic, and believed in St. Vincent de Paul and the Catholic
charity, and in the mission they are trying to deliver to the needy;
unfortunately, it is killing the Downtown, economically. He noted retail space
in Sausalito just sold for $9.00 per square foot, acknowledging that was on
the high end; however, by comparison, he noted it was very difficult to get
even $1.00 to $1.25 per square foot on Fourth Street at this time. Mr. Allen
stated Minto & Wilkie would like to pledge $1,000, with no strings attached,
when the City can relocate St. Vincent de Paul, noting he would also be willing
to go around to other merchants in an attempt to raise additional money to
them solve their problems.
Tom Obletz, President of the Federation of San Rafael Neighborhoods, thanked Mayor
Boro and Councilmember Cohen for their efforts. Referring to comments made
by Councilmember Miller, Mr. Obletz stated he felt it was important that any
future discussions with respect to the dining room focus on a change of behavior
and not merely a transfer of the operation, as it currently is, to a new location.
He stated he was confident that would be part of the process in the future.
Councilmember Cohen referred to the issue of the Use Permit, stating this was
something he had stuck with throughout the mediation, and would continue to
stick with, noting this issue was not one that would go away, and we were going
to deal with it. He stated, based simply on reasonable practices, St.
Vincent's must operate with a Use Permit, and the City must know they will
keep to a Code of
Conduct and operate the facility in a responsible fashion, and in addition, they
must be out of Downtown. Mr. Cohen stated he had been told by a representative
of the press that Mr. Kilty had stated St. Vincent had offered a "moving" number
of sites, first claiming it was ten sites, then fourteen sites, that they had
offered to the City as locations they would be willing to move to. Mr. Cohen
stated he did
not recall fourteen sites and, in fact, could not even get to ten. He acknowledged
several sites had been suggested by St. Vincent, but noted all of them were
within the Downtown, and as Mr. Obletz had just stated, moving the problem
was not a solution, and certainly moving it within the Downtown Retail Core,
to burden another set of merchants, was no solution at all. Mr. Cohen stated
he felt Ritter House was the exception, noting they had been able to function
without being a negative impact on Downtown; however, he stated there was no
SRCC MINUTES (Regular) 10/7/96 Page 7
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way he could believe that St. Vincent, even with a Use Permit, could operate
in that fashion; therefore, he stated he was committed to the fact they could
not relocate Downtown. He noted that when St. Vincent asked what was meant
by that, they were told the City meant from Mission Avenue to Second Street,
from the West End to San Rafael High School, noting that with the Fair, Isaac
development going forward and the retail development on Shamrock, he felt the
boundary could be pushed to the south even further. Mr. Cohen
stated this operation was not appropriate in the kind of retail area the City was
trying to support and maintain.
Regarding the issue of binding arbitration, Mr. Cohen stated he had been willing
to try to mediate this dispute, and to see if a neutral third party could get
everyone to agreement, get them to move past the misunderstandings they had
suffered through before. He noted he was still glad we had done this, although
he was sorry it had not worked out better. Mr. Cohen stated binding arbitration
was not acceptable to him, noting he had been elected by the voters of this
community to be one of five people to serve as a steward, for a time, of this
community. He stated he believed in Councilmember Miller's decision about
the responsibility of government, noting that decision falls to those on the
Council. He stated a judge may choose, in his reading of the law, to take
that responsibility away from him, but that was how it would have to happen,
as he was not willing to give up that responsibility, noting he takes it very
seriously. Mr. Cohen stated he believed what the Council was doing was in
the best interest of all the people in this community, and they are going to
continue to do it until someone orders them to stop, or until they are successful,
noting he believed they will be successful, and he is committed to that. He
stated he was not willing to waive that responsibility, or hand it off to someone
else who was not accountable to the voters, and does not have to live with
it on a daily basis after they make a decision that has a negative impact on
this community.
Mayor Boro stated he concurred with Councilmember Cohen regarding the binding
arbitration, noting he believed they were elected to represent the people in
this City, and he would not turn over this decision to an arbitrator who would
make an arbitrary decision the City would have no control over. He stated
it was one thing to go before a judge and plead your case, but it is another
when someone can just sit there and play Solomon, noting he did not believe
this was what the people expect.
Mayor Boro stated there had been a lot of discussion about the Downtown, and the
impact of the dining room on Downtown, noting there was no question this was
true. However, he stated there were a couple of other issues he felt were
important to realize, noting this operation has, unfortunately, had an impact
not only on the merchants in the immediate area, but also on the public, from
a couple of points of view; first, from a safety point of view, both real and
perceived, and secondly from the reputation of our City. Mayor Boro stated
he was committed to maintaining the reputation of this City, and also ensure
that we have safe public streets, and that people can walk those streets and
feel safe day and night, and be safe. He stated that in addition to the merchants
and the impact on them, these other issues are just as important.
Mayor Boro thanked the members of the public for their comments and interest in
this issue.
Mayor Boro announced there would be a brief recess.
MONTHLY REPORTS:
14. CITY WORK PLAN REVIEW (CM) - File 237 x 9-1
Assistant City Manager Golt noted she had been giving monthly status reports on
the Goals and Objectives set by the Council at the Council/Management Team
Retreat in January, and pointed out this would be the final Work Plan Review
on those goals. She explained new goals had been established in August, and
those were the goals she would be reporting on in the future.
Ms. Golt noted the majority of the January goals had been completed, and the attached
report showed those projects which have been completed, and which ones will
continue on.
Mayor Boro thanked Ms. Golt for closing down the old status and beginning the new,
and for consolidating all of the implementation items into eight goals. He
noted he had been told many cities set goals and objectives , but very few actually
track them, and he thanked staff for doing such a good job.
Councilmember Cohen moved and Councilmember Miller seconded, to accept the report
as submitted.
SRCC MINUTES (Regular) 10/7/96 Page 8
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. DEPARTMENT REPORT - PUBLIC WORKS DEPARTMENT (PW) - File 237 x 9-3-40 (Verbal)
Public Works Director David Bernardi gave a slide presentation, showing employees
of the Public Works Department, and various projects they have been working
on. Mr.
Bernardi showed slides of the City's Corporation Yard, drainage facilities, City
trees and landscaping, the City' s swimming pools, tennis courts and parks, and noted
that in addition his department is also responsible for approximately
twenty-five public buildings, and seventy-five traffic signalized
intersections. Mr. Bernardi showed slides of the employees, describing their
functions within the department. He noted all of the employees in the Street
Maintenance Division are trained in emergency rescue procedures, teaching
employees how to rescue someone in a confined space underground. Concerning
the Gargae Maintenance Facility, Mr. Bernardi stated repairing police cars
was their top priority, noting whatever else needs to be done waits until all
the police cars are out and rolling. He showed a slide of the sewer crew,
and pointed out they maintain over 150 miles of sewer lines over the period
of a year.
Councilmember Phillips referred to the servicing and priorities of maintaining the
police cars, and asked if it was difficult to schedule maintenance? Mr.
Bernardi explained we have regular maintenance on all of our vehicles, but
if a police car has a particular problem, they will stop whatever they are
doing on the other vehicles and make certain the police car gets back out on
the street. Mr. Phillips asked how disruptive the isolated repairs were, and
if we had ever considered outsourcing the repairs? Mr. Bernardi reported they
already do some outsourcing of work which can be more efficiently done on the
outside, such as transmission repair, rear -ends, and heavy engine work, in
addition to some of the body work. Mr. Phillips asked what types of non -routine
repairs they work on? Mr. Bernardi stated they repair minor body damage to
get the car back out on the street, they can do a diagnostic test if the police
radio is not working, and they clean out the cars after the officers have
transported someone they have arrested.
With regard to Capital Improvements, Mr. Phillips asked how the project was coming
to prioritize infrastructure needs? Mr. Bernardi stated Assistant Public Works
Director Matt Naclerio was doing the final work on this, to be reviewed by
the budget sub -committee, and staff would bring the completed list to the
Council, probably at the second Council meeting in November.
PUBLIC HEARINGS:
16. PUBLIC HEARING - CONSIDERATION OF ADOPTING AN ORDINANCE TO REGULATE THE PARKING
OF COMMERCIAL VEHICLES ON PUBLIC STREETS (PW) - File 11-8
Mayor Boro declared the Public Hearing opened, and asked for the staff report.
Public Works Director Bernardi stated he was presenting a revised Ordinance, which
staff felt addressed most of the issues raised when this was first bought before
the Council. He recalled staff had originally brought forth an Ordinance that
was far less inclusive than this one, and after receiving comments from a number
of local businesses, Council remanded the Ordinance back to staff for additional
work. He reported that since that time they have met with the owners of local
businesses, as well as residents, to address their concerns as best they could,
noting Mayor Boro and Councilmember Cohen had attended some of these meetings.
Mr. Bernardi stated the Ordinance deals with the parking of commercial vehicles
within three different scenarios. First, in residential areas, parking would
be limited to one hour between the hours of 7:00 AM and 7:00 PM, and parking
would not be permitted during the night from 7:00 PM to 7:00 AM the following
morning.
Second, in Commercial, Industrial, and Office districts, parking would be limited
to one hour from 7:00 AM to 7:00 PM, and unrestricted from 7:00 PM to 7:00
AM the following morning and on weekends, because in Industrial areas there
is no one around, and the parking of these vehicles would not be a problem
for anyone. The third designation is "Streets in Dual Districts", where one
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side of the street is Residential and the other side is Commercial, Industrial
or Office, such as on Bellam Boulevard near Circuit City, on Northgate Drive
between the Northgate Mall
and the residences across the street, and the Bret Harte neighborhood where there
are apartments on one side of Woodland Avenue and Jackson' s Hardware and other
businesses on the other side of the street. He reported the restrictions for
Residential areas would apply in these locations.
Mr. Bernardi stated the Ordinance contains one other provision, where someone may
apply for an exception, which can be issued by the Public Works Department
in certain circumstances where the parking of commercial vehicles for longer
than one hour would not be detrimental to anyone in the community, and these
exceptions would be issued on a case by case basis. He stated staff would
be returning to the Council with a Resolution recommending the fee for the
exceptions.
Councilmember Phillips referred to Section C, "Streets in Dual Districts", noting
this section states "Commercial vehicles of more than 10,000 pounds shall not
be permitted to park on the commercially zoned side of the street between 7:00
PM and 7:00 AM", and asked if it would be obvious that they were not allowed
to park on the Residential side of the street, since the Ordinance only makes
reference to the
Commercial side of the street? Mr. Bernardi stated the understanding was that
Section A would apply on the Residential side of the street, noting that since
this is a Dual District, the Residential requirements in Section A would apply
on the Residential side of the street. Mr. Phillips stated he felt, since
Section C referred to a Dual District, some reference should be made to the
restrictions on the Residential side. Mr. Bernardi stated they would
incorporate that into the Ordinance.
Councilmember Heller referred to the exception permits, and asked if these would
be one-time permits, or if they would be reviewed and renewed annually, how
the fee would be set, and who would be handling the permits? She noted there
may be people who protest the approval or disapproval of the permits, and the
neighborhood associations may not agree with the City's decisions. She also
stated she felt it must be made clear that the person requesting the exception
would be the one paying for the cost of the signs. Mr. Bernardi stated staff
would be bringing a recommendation as to the amount of the fee, and he did
not believe it would be a one-time exception, but more likely a six month or
annual permit. He noted there would also be provisions for the immediate
revocation of the permit if there is a problem.
Councilmember Miller asked if this Ordinance, by and large, would prohibit a trucking
company from coming down with dual trailers, dropping one trailer and leaving
it at a certain location, continuing on with their route, and then coming back
and leaving the first trailer and picking up the second trailer, continuing
on their next route, and then starting to fill up again? Mr. Bernardi responded
this was correct. He also asked if the truckers could get a permit to allow
them to park those trailers somewhere else? Mr. Bernardi stated they could.
Mr. Miller asked where they would be allowed to park? Mr. Bernardi stated
it would depend on where they apply for, noting they might apply for a location
on Andersen Drive, for example. He related the situation of Mayflower Moving
at the end of Francisco Boulevard and Grange Way, stating that from time to
time they need to park out-of-town rigs on Grange Way, and in that instance
we would grant them authorization to do that for a day or two at a time.
Councilmember Miller asked if this Ordinance would prohibit Budget Truck Rental
on Irene Street and Francisco Boulevard from parking their excess trucks along
the street? Mr. Bernardi stated it would, if their vehicles weighed 10,000
pounds or more; however, some of their smaller vans may be under that weight
restriction.
Councilmember Cohen stated he was glad to see this issue back before the Council,
and felt most of the issues had been resolved. He asked, if we are going to
modify Section C, regarding the restrictions in the "Streets in Dual Districts",
will the Ordinance have to be brought back to Council again after the
modification? City Attorney Gary Ragghianti stated that if the modification
was pursuant to the question asked by Councilmember Phillips, it would not
be construed to be a material modification, which would require the Ordinance
to come back, but rather it could simply be amended and added to the final
version when it was prepared.
Councilmember Cohen stated the process of permitting seemed to be laid out pretty
clearly, noting he did not see anything that would require further Council
SRCC MINUTES (Regular) 10/7/96 Page 10
SRCC MINUTES (Regular) 10/7/96 Page 11
action once the Ordinance was printed; however, he noted it does state the
exception permit would be for a period of one year, so unless this was brought
back before Council in order to change that at a future date, it appeared as
though the only issues were procedural, which he assumed would be internal
to the Department, and the Council would not have to see again, so the Ordinance
could be implemented. Mr. Bernardi stated the only thing staff wanted to bring
back before the Council was the Resolution allowing Council to set the fee.
Mayor Boro asked if that was independent of passing this Ordinance to print,
and Mr. Bernardi stated that it was.
Ralph Crocker, member of the Friends of Spinnaker Point, and member of the Board
of Directors of the Spinnaker Point Homeowners Association, stated that for
many years the members of his community, Spinnaker Point, Baypoint Lagoons,
and the Bahia Townhouses, have been concerned about the number of commercial
vehicles that park on Bellam Boulevard, between Kerner and Catalina Boulevards,
noting it has become almost a free parking lot for commercial vehicles. He
stated it was unsightly, and had grown worse over the years, noting everyone
looked forward to a change through this Ordinance. He stated fourteen years
ago, when he first came to the area, there were very few trucks on the street,
but now it was one long parking lot.
Mr. Crocker referred to the "Streets in Dual Districts", noting the residential
side of the street would have the same coverage as Section A, Residential
Districts, while the commercial side of the street would have one hour parking
of commercial vehicles, from 7:00 AM to 7:00 PM. He stated he understood Bellam
Boulevard falls under the Dual District, and noted he was led to believe there
would be no permit exceptions allowed on Bellam Boulevard because it was such
an unusual street, being highly residential on one side, and commercial on
the other.
Mr. Crocker stated he had a problem with the Ordinance's provision for enforcement
by citizen complaint, noting he believed many other people would be concerned
about this, as well. He felt this would certainly have to be clarified in
its details, asking if phone complaints would be appropriate, or would the
complaints have to be in writing? In filing a phone complaint, would that
mean that a police officer would come out within a specific length of time
and mark the violation that has occurred, or would it be three, four or five
hours after the complaint before a police officer would arrive? Mr. Crocker
stated he found it very difficult for the average citizen to follow-up on
vehicles that violate the Ordinance.
Mr. Crocker reported that with the exception of two residents of Baypoint Lagoons,
he knew of no one in his community of Spinnaker Point, or anyone in Baypoint
Lagoon, who was notified of this meeting, so they were not really well prepared.
He stated those two Homeowner Associations, and perhaps the Bahia Homeowners
Association, had written letters to the Council concerning the lack of
enforcement of the existing Ordinance, and were told there would be a new
Ordinance under consideration, and that they would be apprised of that fact,
and informed when the issue would be brought before the Council. Mr. Crocker
stated they were not notified of this meeting, and only found out about it
by chance; therefore, under those circumstances, the residents would like to
request a continuance of this issue for at least two weeks before the Council
puts this Ordinance into effect. He acknowledged the thirty day comment period,
but felt it was only fair to allow time for them to study the proposed Ordinance,
and how it would affect their community. Mr. Crocker noted that in many respects
their community is different from many others because of the dual situation
on Bellam Boulevard, and they would like to have the opportunity to study and
comment on this issue.
Mayor Boro asked Public Works Director Bernardi to respond to Mr. Crocker's question
concerning an exception to permits on Bellam Boulevard, noting it was Mr.
Crocker's understanding that permits would not be issued on Bellam Boulevard.
Mr. Bernardi stated that unless staff received different direction from the
Council, it would be staff's intention not to issue any exceptions, or issue
any permits, for areas where there would be a Dual Zone, noting this would
include not only Bellam Boulevard, but also Northgate Drive between the shopping
center and the residential areas, Woodland Avenue, the Bret Harte area, and
parts of the Sun Valley area. He stated there are a number of areas in San
Rafael where a Dual Zone would apply, and it was staff' s intention not to issue
exceptions in those areas. Mayor Boro asked for this to be made clear in the
Ordinance. City Attorney Ragghianti stated if that revision were to be added
to the amendment, it should be written in language that would allow it to be
amended in the future, so it is subject to further addition or subtraction.
Mayor Boro stated if there was an implied understanding, then it should be
SRCC MINUTES (Regular) 10/7/96 Page 11
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made clear in the Ordinance.
Mayor Boro asked Acting Police Chief Boyd to respond to the question of how the
Ordinance would be enforced once it was passed. Acting Chief Boyd reported
that Monday through Friday the Department has Parking Enforcement Officers
on duty, and they would be responsible for enforcing these sections when
complaints are received, noting they would also travel into the areas where
we are most likely to get violations, and keep a check on those areas. Acting
Chief Boyd noted they would
also be issuing a lot of warnings during the first couple of weeks the Ordinance
was in effect, so the people involved would understand that the City is making
a change, and then the Police Department would begin the citation process.
He explained that during the evenings and on the weekends the Patrol Officers
would be responsible for the enforcement of this, noting they would be made
aware of what the Ordinance states once it is put into place, and they would
respond as complaints are received. He stated if there is a chronic area,
the Beat Officers can be assigned to go out there periodically to take care
of the problem.
Mayor Boro referred to the question of notification, and reported he had attended
a meeting with the Committee working on this issue, noting it had been attended
primarily by the owners of large rigs, who were concerned with how they would
be impacted in town; however, he noted two women who lived in the Spinnaker
Point area had also attended this meeting. Mr. Bernardi reported that when
the first draft of the Ordinance had been brought before the Council and sent
back to staff for revision, Mayor Boro asked that an Ad Hoc Committee be formed
to work on the problems and details that needed to be addressed in the revised
Ordinance, and these two women were part of that committee. Therefore, it
had been staff's understanding
that these women would represent the issues of the homeowners, in general, throughout
the City of San Rafael. He noted Bellam Boulevard was one example of an area
where Commercial and Residential areas interface, and staff felt having the
input of these two women from that area would be representative of the rest
of the City, as well.
Mary Ann Hoover, addressed the Council, stating she was a resident in an area which
is referred to as a Dual Area. She reported she had tried to maintain contact
with various members of the Public Works and City Attorney's offices; however,
she was
not given notice of the various meetings that were attended by the trucking concerns,
stating she would not have known about this meeting if she had not been
following-up. Ms. Hoover stated she had been in contact with staff for quite
a while, but only received a copy of the Ordinance last week, and she did not
feel it was fair to the people who are concerned and involved in this issue.
Ms. Hoover stated she was pleased to see that steps were being taken to remedy a
problem that is affecting the people who reside in these particular areas,
especially in homes that pre-existed these commercial developments. Ms. Hoover
reported she lives in the area of Northgate Mall, noting that with respect
to this particular Ordinance, she sees great problems with enforcement. She
stated she has had to deal with truckers parked virtually in her backyard on
weekends, and is unable to call the Police Department unless she calls 911,
which she does not want to do because that is an emergency number. She reported
she must go out and use "self help" methods to get the truckers to move, stating
she knocks on their windows, and turns off the generators when they detach
the refrigeration units from the engines, noting they rattle her windows when
she is trying to sleep. Ms. Hoover stated she has called security at Northgate
Mall when things are happening at the Mall, but there is no real remedy for
her except to go out and sometimes endanger herself by banging on the truckers'
doors in order to ask them to move. She stated she did not feel this was right,
nor did she feel it was her responsibility. She stated that as a citizen and
a property owner, she was entitled to the quiet enjoyment of her home.
Ms. Hoover pointed out the Ordinance does not list any provision for the erection
of signs notifying the commercial truckers that an Ordinance does exist. She
noted Sears Department Store is practically in her backyard, and she is dealing
with truckers coming in from all over the country, noting they are not going
to know what the City of San Rafael Ordinances are, and probably most of the
San Rafael truckers will not know either. She stated there must be signs to
notify the truckers that parking is restricted, and informing them as to what
the parking restrictions are, so it is very clear and is not a guessing game.
Ms. Hoover pointed out the problem on the weekends was particularly
troublesome, as there are no Patrolmen on duty, and this is when the truckers
park there, noting she has had large rigs from Petaluma that are full of wood,
and since the truckers do not want to pay to store the wood, they leave their
rigs on Northgate Drive because it is a large street with not many cars parked
SRCC MINUTES (Regular) 10/7/96 Page 12
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on it.
Ms. Hoover stated that when the movie theaters were opened in Northgate Mall three
or four years ago, there were discussions and negotiations which occurred,
and the theaters and the Mall entered into agreements with the City of San
Rafael, and with the permission of the residents who pre-existed the Mall,
to operate under Conditional Use Permits. She noted the negotiations included
the circumstances around which the residents of the neighboring area would
permit the introduction of the fifteen theater facility into the Mall. She
stated she had been advised that part of this Conditional Use Permit was that
the City of San Rafael, through representatives Public Works Director Bernardi
and then Police Chief Krolak, agreed to erect signs that prohibited the parking
of big rigs and campers at all times on
both sides of Northgate Drive, bordering on the south end of the Mall; however,
to this day, nothing has happened. Ms. Hoover stated she was a busy woman,
noting she is an attorney and mother of three children, and although she already
has a lot of responsibility, some time ago she began contacting Mr. Bernardi
about this issue, and was informed the existing Ordinance was all that was
ever agreed upon.
Ms. Hoover cited a letter from Reverend Huneke, who took part in the original
negotiations, which states, "The City of San Rafael agreed to install signs
prohibiting big rig and camper parking at all times on the south side of Northgate
Drive, from Commerce Drive to Los Ranchitos. It was agreed that the signs
would be installed in conjunction with the opening of the theaters. That this
promise has
not been honored is both appalling and a betrayal, because this was a key issue
in the negotiations with the theater, in so much as the quality of life for
the St. Augustine and Quail Hill neighbors needed the assurance that the ongoing
problems with the big rig and camper parking would end. Never at any time
was I informed that this matter required any City or Citywide Ordinance
variances. I was informed by the then Chief of Police and David Bernardi that
it was a simple matter of bringing crews out and doing the installation. The
absence of this agreement, I
informed Mr. Bernardi and Mayor Boro, would result in the adamant opposition of
the neighborhood associations. There was never a question about compliance."
Ms. Hoover stated that when she received a copy of the revised Ordinance,
she could see it was addressing a concern that affects the majority of San
Rafael facing a problem with big rigs, but she felt the Northgate Drive area
was unique in its position, and the fact that malls draw campers and Winnebegos,
and people hang out there and live there. She noted they move off the mall
property at night because the mall has signs, and those signs were erected
as part of the agreement with the neighbors, but for some reason the agreement
seems to have vanished, and the revised Ordinance does not address this.
Ms. Hoover stated she was in attendance to point out her problem with the Ordinance
that is in existence, and to also bring to the attention of the City Council
that something fell through the cracks. She pointed out that Reverend Huneke
had notes and records from the negotiation meetings, which he would be glad
to send to the City Council. Ms. Hoover stated, as a citizen, she does not
know what to do anymore, noting she had spoken to Councilmember Phillips, met
with Mr. Bernardi, and spoken with the City Attorney to obtain copies of the
Ordinances; however, three years have gone by, and she still has problems with
this issue, and the promise has not been realized.
Mayor Boro noted this was a separate issue from the Ordinance currently before the
Council, and asked Mr. Bernardi what the status was on the signs. Mr. Bernardi
stated the reason staff was before Council at this time was because of the
theater parking at Northgate Mall. He noted when he and then Chief Krolak
first looked at the Ordinances, they felt it would be a relatively minor thing
to install some signs; however, when they did additional research into the
problem, they found there were two conflicting sections of the City's Municipal
Code, which did not allow Chief Krolak to enforce the "No Parking" provisions,
so they had to go through this current process. Mr. Bernardi acknowledged
it has taken a long time to get where we are now, but the process was begun
primarily as a result of the approval process with the theaters. Mr. Bernardi
noted, from a staff point of view, installing the signs was not the problem,
the cost was the problem, and in discussing this with Acting Chief Boyd and
Officer Smiley, they all felt they could deal with the issue of notifying
truckers on a notification basis, and then if it takes signs as a last resort,
they would do that. Mr. Bernardi stated that if Council wished signs to be
installed, staff could do that, but it was a cost item.
Mayor Boro stated if there were going to be occasional parkers around, it would
SRCC MINUTES (Regular) 10/7/96 Page 13
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not do much good to let them know there is a problem only when you see them,
noting he felt we would need to have the problem areas signed if we pass the
Ordinance. He stated he did not intend for the City's Police Officers to make
this their number one priority, but as they pass by and see a problem they
should address it, and when people call to complain, we should respond. Mayor
Boro stated there needs to be a balance between the public safety and enforcing
all the City's Ordinances, and noted it seemed to make sense that if we are
going to pass an Ordinance such as this, it should be pretty clear what we
are doing. He pointed out that especially in the areas of Bellam Boulevard
and Northgate Drive, there are occasional people who come through, and they
are being driven off the Mall property because the Mall has signs; therefore,
he felt we had to compliment that.
Councilmember Phillips stated he did not see how else we could notify all the truckers,
so it would need to be site specific, and a little more obvious, to be effective.
Mr. Phillips asked if Mr. Bernardi had an estimate of what the signs would
cost? Mr. Bernardi stated he did not have an estimate at this time. Mr.
Phillips stated he would be interested in having staff bring those numbers
to the Council. Mr. Bernardi stated he would also pursue funding sources other
than the gas tax account, noting there were a number of sources they might
look at.
Councilmember Heller asked if we were going to be installing signs only at those
problem areas, such as Northgate Mall, where there are casual trailers and
campers coming through, and not have to post signs throughout the entire City?
Mr. Bernardi stated that was correct; it would be confined to specific problem
Don Foster, Secretary of the Bahia de Rafael Homeowners Association, stated he,
too, was disappointed in the notification process for this meeting, noting
he had found out about this meeting by accident. He stated he agreed with
Mr. Crocker's request that this issue be continued, noting the Council had
heard tonight that there were a number of problems with it, the biggest problem
being that those who are impacted were never given any notice, and did not
know anything about this meeting.
Mr. Foster stated he was not talking about a huge cost, but perhaps letters could
be sent to the Presidents of the Homeowner Associations in the areas, at least
thirty days before the Council plans on taking action, so the residents would
be allowed to participate more in the process.
Mr. Foster stated he had many of the same concerns as Mr. Crocker regarding this
Ordinance, and also felt the 10,000 minimum weight requirement for the
restriction was too large, noting they have problems with commercial vehicles
that are smaller than that. He stated there were a lot of problems with 1
and 2 ton trucks, with trailers and a lot of apparatus behind them, particularly
on Bellam Boulevard and some of the residential streets, such as Bahia Way,
and he felt some consideration should be given to broadening the requirement.
Mr. Foster stated of particular concern to him was the way in which the appeals
process was drafted into the Ordinance, noting if someone asks for an exception
and the City grants a permit, he fears the residents are not going to be noticed
and will not be able to respond within the ten day time period. He stated
this was not very well written legally, and it was not clear when the ten day
appeal period begins. He stated with the mail being what it is, and the time
needed for communication within the neighborhood associations, ten days was
a very short period of time for them to hear about it, to act upon it, and
get something back to the City. He also noted the complaint procedure was
not well defined, and did not spell out how it would work, or how the residents
would complain in the event there was a problem. He stated this process needs
to be spelled out so the residents know how to work with it. He agreed there
was a need for posting signs, and asked that his neighborhood be considered
for signage.
Mr. Foster urged the Council to delay its consideration of this Ordinance to give
the residents an opportunity to be more definitive in responding on this issue.
Gloria Gasperov, resident of Baypoint Lagoons, stated she had been one of the two
women who attended the Ad Hoc Committee meeting, noting she had attended the
meeting at Mr. Bernardi's invitation because of an earlier complaint she had
made regarding parking on the street. She stated the only meeting she and
the other woman Committee member attended had been held in the Public Works
conference room, and they had never attended a City Council meeting regarding
this matter. She stated that at the conclusion of the Ad Hoc Committee meeting,
they were told an Ordinance would be drafted and they would be advised; however,
SRCC MINUTES (Regular) 10/7/96 Page 14
SRCC MINUTES (Regular) 10/7/96 Page 15
she had not heard anything more on this issue until she received notice of
this meeting on Saturday afternoon, and had never been informed of any other
meetings that might have been held to gather input. Ms. Gasperov stated she
would like to request that the residents be given time to respond in writing,
or by representation from their Homeowner Association Board of Directors.
Barbara Beaulieu, resident of Spinnaker Point, stated she was very concerned about
the variety of vehicles that park along the streets, noting they have left
notes for the drivers, informing them of the current parking Ordinance. Ms.
Balou stated there was quite a variety of commercial vehicles parking on the
streets, other than those of the 10,000 pound weight range, and she asked the
Council to change the restrictions in the Ordinance to include the wording,
"or any vehicle used for commercial purposes." She reported there are leaf
cutters and trucks with debris in them, and stated trucks of every kind park
there at some time or another, noting an asphalt trailer had been left there
again tonight, without the truck. She felt all of the other types of commercial
vehicles should be specified in the restrictions in residential areas, along
with the definition of 10,000 pound vehicles. Ms. Balou stated permit
exceptions in Dual Areas should only be granted to people who live on the
residential side of the street, or have businesses within a certain number
of feet of where they are allowed to park.
Mayor Boro directed Mr. Bernardi to carry this item over for a period of thirty
days. He told the members of the public he knew of no intention of anyone
trying to exclude the homeowners from the hearing process, noting he had attended
two earlier meetings on this matter, and they had been attended mainly by
truckers and the
owners of trucking firms. However, in retrospect, he acknowledged the homeowners
should have been noticed, and he stated the Council would make certain they
would be given time to respond.
Regarding the 10,000 pound weight restriction, Mayor Boro asked Mr. Bernardi how
they arrived at this weight limit? Mr. Bernardi stated pick-up trucks,
Suburbans, and campers are all considered commercial vehicles, and in discussing
this issue with Sergeant Smiley, the problem gets enormous if we have to deal
with every pick-up truck and vehicle smaller than 10,000 pounds. Therefore,
in order to limit the scope of what would be enforced, it was decided to pursue
only the big rigs, and anything other than big rigs would be dealt with in
another manner.
Councilmember Cohen stated the City had first attempted to implement an Ordinance
which had been presented with a lot of neighborhood input and discussion, and
attempted to implement that Ordinance only to discover they had not received
input from the truckers. He noted usually it was not the local businesses,
who are trying to do the right thing, that are creating the problem, but they
were the ones who
were being negatively impacted by the first draft of this Ordinance, so the City
redrafted the Ordinance to address some of those concerns. He stated his fear
was that if the City makes a lot of changes at this point, we will be back
to the same situation; therefore, when this Ordinance is brought back to Council,
we need to be certain that anyone we have heard from in the past regarding
this issue has been notified that the Ordinance is going to be on the agenda,
that the City is going to act on it, and if they have any input they need to
be prepared to attend the meeting and comment at that time.
Councilmember Cohen referred to the weight restriction, stating 10,000 pounds was
a pretty heavy vehicle, and noting many of the complaints have been about
vehicles that would not be impacted by this Ordinance; however, he stated we
had to take this a step at a time, and he did not feel we should make the Ordinance
overly broad before we see how we are going to do at enforcing this restriction.
Mr. Cohen stated, particularly if the City had promised to do so, signs certainly
need to be posted on Northgate Drive, and given the number of comments and
concerns, we should probably also post signs on Bellam Boulevard; beyond that,
we will just have to wait and see. Mr. Cohen noted it was not just the posting
of signs that move the trucks off of Northgate Mall, it was the enforcement,
noting they have a sign warning people, and their security people come around
and make them leave. He stated an excellent point had been made in noting
we must figure out a way for people to notify the Police Department when there
is a problem, without having to call 911. He stated he did not know what the
mechanism would be, but noted there must be a way the Police Officers can get
the word that there is a problem without members of the public being worried
about tying up the 911 system.
Councilmember Cohen stated he supported putting this off for thirty days to give
SRCC MINUTES (Regular) 10/7/96 Page 15
SRCC MINUTES (Regular) 10/7/96 Page 16
everyone a chance to read it and make comments, and to give staff the opportunity
to make the changes that have already been discussed. He stated he did not
feel the Ordinance needed to get into the specifics of where we are going to
post the signs; however, it sounded to him as though the City had at least
implied a promise to post signs on Northgate Drive, and he felt we should start
with that. He stated he would like to see the cost of posting signs on both
Northgate Drive and Bellam Boulevard. He noted that if the signs say "No
Commercial Parking", we may move some of the vehicles that are lighter than
10,000 pounds just because of the sign, without getting into the details of
the Ordinance, so the posting may help address some of the problems that have
been raised tonight.
Councilmember Phillips noted the Ordinance states that if an exception is granted,
appropriate signs shall be placed by the Department of Public Works at the
applicant's expense, and asked which signs this referred to? Mr. Bernardi
stated these were signs which notify the Police Department that a particular
company has authorization to park on the street for a longer period of time.
He noted there would also be an internal communication that would let the
Police Department know, in addition to the sign on the dashboard of the truck,
so the Field Officers are aware that a particular group or company does have
authorization.
Councilmember Miller stated he was concerned that whatever tonnage the City specifies
in the Ordinance, there will be an availability of tonnage for people who do
yard work, for example, as a living, so they will be able to park their truck.
He noted, particularly in the Canal area, there are a lot of people who need
those types of trucks to make their living, and the density of the buildings
does not allow for them to park in the parking places. He stated they need
this for their livelihood, and there is a great sensitivity toward that. Mr.
Bernardi stated the Ordinance would not deal with the pick-up truck or small
trailer used for those purposes.
Acting Chief Boyd stated this was one of the issues they were concerned about when
the 10,000 requirement was drawn up, because they did not want the Police
Officers ending up out on the street looking at the Kelly Blue Book trying
to pick apart the various vehicles on the street and determine which weights
they are. He stated this would become very problematic for them if they had
to make those determinations out on the street. Referring to the comments
about not calling 911, and getting someone in the Police Department to take
care of these concerns, he noted the Police Department is in the process of
reviewing their phone answering systems, and they will be coming back with
recommendations, probably within the next two weeks.
Councilmember Cohen moved and Councilmember Heller seconded, to continue the Public
Hearing for thirty days (to November 4, 1996), and have staff contact the
appropriate neighborhood groups and trucking interests, we have dealt with
in the past, so they are all aware of what is happening.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING - ABATEMENT OF PUBLIC NUISANCE, MUNICIPAL CODE SECTION 1.16.050
RE:
AP #14-062-02 (27 VALENCIA AVENUE, KATHLEEN AND PAUL THOMPSON, OWNERS) (FD)
- File 3-3-52 x 9-3-31
Mayor Boro declared the Public Hearing opened, and asked for the staff report.
City Attorney Ragghianti asked City Clerk Leoncini to swear -in Fire Marshal Keith
Schoenthal.
Fire Marshal Schoenthal then reported this fire hazard, located at 27 Valencia Avenue,
was in an urban area, noting Valencia Avenue is in the Montecito area and runs
north from Mission Avenue, behind the High School. He stated this property
was part of a developed lot which has apartments at 27 Valencia, and is surrounded
on all sides by apartment complexes, at 25 Valencia Avenue, an apartment complex
at 31 Valencia Avenue, and additional apartments at 120 Park Avenue.
Fire Marshal Schoenthal stated that over the past four months Fire Inspector Brad
Mark had been attempting to gain compliance with the property owner, to no
avail, including a letter sent to the property owner on September 11, 1996
giving the property owner fifteen days to comply or the City would go forward
with this Public Hearing. Fire Marshal Schoenthal reported that on September
25, 1996 he personally inspected the lot and found the hazard still did exist,
SRCC MINUTES (Regular) 10/7/96 Page 16
SRCC MINUTES (Regular) 10/7/96 Page 17
and that generated the Notice to Appear which was sent by Certified Mail to
the property owner.
Fire Marshal Schoenthal presented photographs of the property, noting all of the
pictures had been taken from the apartment complex located at 120 Park Avenue.
The photographs included an overall view taken from the balcony, which shows
the entire lot; a photograph of the left hand side of the property, which shows
a tree leaning over the adjacent property and up against the building, noting
the tree itself was not a problem, but the weeds underneath the tree create
a problem; two photographs of the right hand side of the lot, with one of them
showing how close the trees are to the adjacent property at 25 Valencia Avenue,
and pointing out that the door and stairway are the only exit from Unit B of
the apartment building at 25 Valencia Avenue; and a photograph taken from the
third floor balcony, which shows how close the weeds are to the property at
120 Park Avenue.
Fire Marshal Schoenthal reported the property owner had not returned the Return
Receipt from the Certified Mail that was sent to the property; however, he
noted he received a message from the property owner on his voice mail, in which
the owner stated his wife had just informed him of the Notice to Appear, and
while he was unable to attend this hearing, he did give Mr. Schoenthal his
assurance that he would clean-up the lot.
Fire Marshal Schoenthal recommended the Council declare 27 Valencia Avenue, AP
#14-062-02, a Public Nuisance due to fire hazard, and adopt the Resolution
declaring the same and direct the Fire Department to abate the nuisance if
the property owner does not do so within fifteen days.
There being no public comment, Mayor Boro closed the Public Hearing.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the
Resolution declaring this property a Public Nuisance, and directing the Fire
Department to abate the problem.
RESOLUTION NO. 9720 -RESOLUTION DECLARING CERTAIN COMBUSTIBLE VEGETATION LOCATED
ON DEVELOPED PROPERTY AT AP 14-062-02 (27 VALENCIA) TO CONSTITUTE A PUBLIC
NUISANCE, ORDERING ABATEMENT BY OWNER BY SPECIFIED DATE, DIRECTING FIRE MARSHAL
TO ABATE NUISANCE IF NOT ABATED BY OWNER, AND DIRECTING RECOVERY OF ABATEMENT
COSTS AND RELATED ADMINISTRATIVE COSTS IF ABATEMENT UNDERTAKEN BY FIRE
DEPARTMENT
AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIL ERS: None
Mayor Boro reported that in Sonoma County, if there is a problem such as this on
a piece of property, the owners receive a postcard from the City, informing
them they have thirty days to clean-up the property, or the City of Sonoma
will abate the problem and bill the owner. He noted there is no Public Hearing,
and no appeal, the owner either complies or it is done for him. Fire Marshal
Schoenthal stated the Fire Department has been working with the City Attorney's
office on similar suggestions; however, Ordinances such as these are very staff
intensive on the part of the Fire Department, requiring them to go out and
inspect virtually the entire City, because a blanket Ordinance is passed by
the City Council at the beginning of
the fire season, and it declares anything which the Fire Department determines to
be a fire hazard a Public Nuisance at the beginning of the year. City Attorney
Ragghianti noted that upon instruction from the City Manager, his office is
working on preparing an Administrative Hearing Officer procedure, and this
is one of the issues that would be examined under such a system. He stated
his office would come back before Council with a report in the not too distant
future.
NEW BUSINESS:
18. PROPOSED CODE ENFORCEMENT PROGRAM FOR THE CANAL NEIGHBORHOOD (P1)
- File 240 x 10-2 x 13-8
Planning Director Pendoley reported the City Manager had convened the Canal
Neighborhood Projects Committee to look at initiatives the City might undertake
in the Canal Neighborhood. He noted one of the programs they looked at was
something they had done a couple of years ago, when they operated a concentrated
Code Enforcement Program in the Canal, inspecting approximately 95% of the
SRCC MINUTES (Regular) 10/7/96 Page 17
SRCC MINUTES (Regular) 10/7/96 Page 18
rentals and bringing 75% of them up to Code. Mr. Pendoley stated this program
had been very well received. He noted there had been a couple of buildings
with serious problems, and the owners of these buildings were required to apply
for Building Permits, noting some of them are still in the process of being
corrected.
Mr. Pendoley reported one of the things they had learned during the process was
that a one-time inspection in an area of high density and high turnover is
not necessarily going to preserve the housing stock; in fact, he noted many
urban counties have a standard which states every unit will be inspected once
per year. He stated staff was recommending Council consider such a program,
and that the Canal Code Enforcement Program be reauthorized, noting a key
objective would be to inspect all rental units in larger buildings with four
or more residences, each year. Mr. Pendoley noted it would be possible to
take a Health Code emphasis with the program, but staff was not recommending
it at this time, noting the City could do just as good a job, with much less
money, if we emphasize the Housing Code.
Mr. Pendoley reported the cost to do this would be a little more than $45,000 the
first year, and this would be eligible for Redevelopment funding; however,
he noted we have a lot of good projects competing for that funding at this
time, so with the Council's concurrence, staff would like to pursue Community
Development Block Grant funding. Mr. Pendoley stated if the Council agreed,
staff would return with implementing agenda items, such as setting up the proper
budget allocation.
Mayor Boro stated this seemed to be a service the City would charge for, and asked
if the property owners would pay for the inspections? Mr. Pendoley stated
staff could pursue this; however, he noted the County already requires an
Inspection Permit through the Health Department, although that program only
inspects once every two years, and is not very effective. Mr. Pendoley stated
he would confer with the City Attorney' s office to determine if we could cover
this with a permit program of our own. Mayor Boro stated we have been talking
about cost recovery on services, and he would hate to start a new service and
not look at the cost recovery component, noting it seemed this would be a
reasonable fee the City would charge, as we would provide the service, the
property owner would get the benefit, and so would the City and the tenants.
City Manager Gould stated staff would examine that option.
Councilmember Heller referred to Page 2, Item #4 of the staff report, and asked
what was meant by "housekeeping practices"? Mr. Pendoley reported one of the
most common problems they found was infestations, and they learned many of
the tenants were living in urban areas, or in these types of houses, for the
first time. She noted there were some people who had never had a refrigerator
before and did not know how to take care of food in that kind of an environment.
He stated that with a little bit of training, the problem could be cleared
up right away.
Councilmember Cohen stated he felt it was important for the Council to have a report
on the funding source, noting we need to remember that last time we did this
Code Enforcement effort the rest of the City suffered, and while he supports
this project, he believed we clearly need to identify the funding source, and
we need to
accept the recommendation to fund an additional position and stick with that. Mr.
Pendoley stated it was reassuring that Councilmember Cohen felt that way, noting
they had gotten into a jam the last time, for that very reason. Mr. Pendoley
noted this was another reason staff was suggesting we take a Housing Code
emphasis on this project, because that way, if they bring in an Assistant Code
Enforcement Officer whose principal mission is Housing Code, then that person
can, along the way, be dealing with other problems such as weed abatement and
so on. If, on the other hand, we are putting our money into Health Code, we
would not have the staff to do that.
Referring to Operations, Councilmember Cohen noted the report refers to Code
Compliance, and stated we really need to find a way out of this terrible box
we are in, noting Mr. Bernardi had described the problem very well in an interview
with the Marin Independent Journal, when he stated that if we order a property
vacated because it is in serious disrepair and represents a danger to public
health and safety, then the City gets bashed for being heartless and, Mr. Cohen
added, to a certain extent that is true, because we are putting tenants out
on the street through no fault of their own. However, if we do not order the
property vacated, we
are charged with, and guilty of, failing to carry out our duty. Mr. Cohen stated
it bothered him greatly the amount of time it has taken during the current
issue we are struggling with, with an extremely recalcitrant property owner,
SRCC MINUTES (Regular) 10/7/96 Page 18
SRCC MINUTES (Regular) 10/7/96 Page 19
noting there must be some better tools we can develop for moving these situations
along more smoothly. Mr. Cohen stated once we have this program in place and
can identify the real problems, we need a "bigger hammer" to deal with them.
City Manager Gould stated there are three pieces to this puzzle; one is the additional
Code Enforcement Officer to do the work, especially in the Canal neighborhood;
second is additional time in the City Attorney's office to follow-up and
prosecute; and third, a more economic and efficient vehicle, other than the
court system, for adjudicating these issues, noting that is what the City
Attorney has referred to as the Administrative Hearing Officer process. Mr.
Gould stated staff was pursuing those three angles together, hoping this would
give us the tools to be more affective, and in a more timely manner. Mr. Cohen
asked if these types of Code violations would fall under that umbrella, as
well, and Mr. Gould stated they would.
Councilmember Miller stated he was pleased to see a certain cultural sensitivity
involved in this, particularly in consumer education and in terms of the
qualifications necessary for the Code Enforcement Officer. Mr. Miller felt
a Code Enforcement Officer should be stationed in Pickleweed Park, and we shoud
devote a service center to that area. Mr. Miller stated he was concerned there
was no procedure in place for the residents to complain, so that when there
are code violations, they can come directly to the City rather than going to
an attorney. He pointed out that this was a culturally sensitive issue, and
noted the delivery of service was often different in the Canal than other areas
of the City. Planning Director Pendoley reported that in the last go around,
once staff had a feel for what people needed, handouts were developed in three
languages concerning housekeeping issues and what the program was about, and
he stated staff could include advice on how to contact the City and ask for
an inspection, noting the tenant has a right to ask for an inspection. However,
he stated the real hope was that by doing annual inspections, there would not
be a need for this, because the inspector would be in the area on a regular
basis, and with an office in Pickleweed everyone would know where to go for
information. Mr. Pendoley stated part of the idea was to build a presence.
Mr. Miller noted there are times when there are emergency situations, and
the residents need to know how to go about directing their complaints. City
Manager Gould stated the City would look for a candidate who was bilingual,
and would work with the various service providers in the Canal neighborhood
so they can help residents access the new Code Enforcement Officer.
Councilmember Heller noted it appeared as though we do not have any compliance help
in the City at this time, and asked if we were currently attempting to fill
the open Code Enforcement Officer position? City Manager Gould reported Bill
Palmer (retired Code Enforcement Officer) had come back temporarily, and has
been very effective in
the interim; however, we cannot rely on him forever. Mr. Gould stated staff was
looking for direction from the Council as they develop recommendations for
the Council, and determine exactly what to recruit for.
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the resolution
authorizing the Planning Department to initiate a Code Enforcement Program
for the Canal neighborhood.
RESOLUTION NO. 9721 -RESOLUTION AUTHORIZING A CODE ENFORCEMENT PROGRAM IN THE CANAL
NEIGHBORHOOD
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCIL ERS: None
ABSENT: COUNCIL ERS: None
19. CANAL VOICE PROJECT (COMMUNITY SURVEY) (P1) - File 241
Planning Director Pendoley stated this program also comes from the Canal Neighborhood
Project Committee, specifically at the suggestion of Councilmember Miller.
Mr. Pendoley reported that as staff has been exploring project initiatives,
one concern has been the need for a way to test ideas in the neighborhood,
noting they needed an appropriate citizen participation vehicle. He stated
staff was
recommending a series of small, very informal meetings in the homes of the residents,
to determine what is on people's minds, and what needs are out in the
neighborhood, and then coming back and meeting with the same residents with
suggested programs, to see what kind of response we get. Mr. Pendoley noted
this was currently being billed as "test marketing". He noted the City has
tried a lot of different citizen participation activities in this community,
and staff has high hopes for this project. He stated he would particularly
SRCC MINUTES (Regular) 10/7/96 Page 19
SRCC MINUTES (Regular) 10/7/96 Page 20
like to thank Robyn Prudhomme-Bauer who has volunteered her services as a
professional facilitator to assist us in getting this program off the ground.
Mayor Boro recalled at one point the Planning Department had a grant which allowed
one of their staff members to go out to each of the apartment complexes and
get the residents together to discuss various issues. He stated it was great
that we were going to have the outside facilitation help, but asked if we really
had the expertise to do this on an ongoing basis? Mr. Pendoley stated the
current proposal was to do two rounds, first a series of meetings which would
be hosted by people who have been recruited by the various agencies working
in the neighborhood, and at that meeting we would ask the residents to identify
the problems in their neighborhood they would like to see addressed. During
the second round of meetings, which would occur some months later, the City
would present a couple of initiatives the City could take, or that we could
get other agencies to take, and ask for their response.
Mayor Boro stated he was not as concerned with what the City was going to do as
he was with how we were going to get it done. He noted the Work Program specifies
the Planning Department would be responsible for the training sessions for
facilitators and recorders, and he was trying to understand who from staff
would be dedicated to this, and an idea of the number of meetings that would
be needed for this to be effective. Mr. Pendoley stated the training would
be done by Robin Prudhomme-Bauer and Associate Planner Linda Jackson, noting
Ms. Jackson has a great deal of experience in this, is fluent in Spanish, is
a member of the CCA Board (Canal Community Alliance), and has contacts with
a number of other agencies in the neighborhood. Mr. Pendoley stated they are
proposing fourteen meetings in the first round, each meeting having
approximately five people, and facilitated by people who have been trained
by Ms. Prudhomme-Bauer and Ms. Jackson in facilitation. He stated Ms. Jackson
would also attend some of those meetings in order to get the pulse of things,
and to make sure the meetings are run in a fairly consistent manner. Mr.
Pendoley noted staff would take what is learned out of this series of meetings,
determine what types of initiatives are appropriate to propose, and then do
a second round of fourteen meetings. Mr. Pendoley reported this would only
involve one person from the Planning Department, Linda Jackson.
Mayor Boro asked where the continuity would be within these meetings, and how we
would make certain the City's intent happens at all fourteen meetings? Mr.
Pendoley stated it was hoped there would be a small group of facilitators instead
of using a different facilitator for each meeting, which would make it
inordinately complicated to maintain consistency. He noted that by having
a small group, who are all trained to do it the same way, we could observe
each of the groups, and hopefully avoid having to attend each of the meetings
ourselves, while still assuring some consistency.
Councilmember Phillips referred to the groups of residents who would be participating
in these discussions, and asked how they would be selected, how staff would
know they were representative of the community, and how the City would know
that the results we hear are truly representative of the community? Mr.
Pendoley stated the City was relying on the agencies and their networks that
are out and working in the neighborhood, such as CCA (Canal Community Alliance)
and the Canal Ministry, and we would ask each of those agencies to recruit
one or more volunteers to host a meeting. He stated that in working with the
agencies and asking them to do this recruitment, we would explain the importance
of our objective to have the best cross-section we can, to have these meetings
hosted by people who do not have a particular bias and who would value and
help to promote objectivity in the process.
Mr. Pendoley stated the City would be asking the same agencies to give us suggestions
for facilitators, people who already have some experience in facilitating,
or could readily pick-up the rudiments of it. He noted the meeting hosts would
then be asked to invite friends and people they know from the neighborhood,
who they think would be prepared to simply talk for a couple of hours about
what goes on in their neighborhood, and their views of what is needed. Mr.
Pendoley stated staff was trying to come up with a process that is simple,
economical, and relatively fast, noting they are not loading this up with a
lot of controls and a lot of notifications, so that we have absolutely "bullet
proof" defenses that say this is an absolute numerical cross-section, with
everyone represented in the correct proportions; nevertheless, staff felt this
would be effective, and would give the City a pretty good representation of
opinions.
Councilmember Cohen stated he very much supports this program, and looks forward
to seeing what comes out of it; however, he does have some concerns with the
implementation. He stated that when you test market and do a focus group or
a poll, the quality of the information you get back is directly related to
SRCC MINUTES (Regular) 10/7/96 Page 20
SRCC MINUTES (Regular) 10/7/96 Page 21
how you have done your sample, and we really need to look at who we are going
to draw into this process. He stated he was delighted we are reaching out
and seeking the assistance of groups that have been hard at work in this
neighborhood, but who we have not had a particularly good relationship with
in the recent years, such as the Canal Community Alliance and the Canal Ministry,
noting it was overdue for us to do this and ask for their help; however, he
felt we needed to find a way to broaden this a little. He pointed out the
text regarding dialogue groups mentions English speaking groups being drawn
from Spinnaker Point and Baypoint Lagoons, noting we had heard
from a couple of homeowner groups this evening, and he did not know to what extent
it was appropriate to try to draw the homeowner associations in and see if
they could come up with a name or two of someone who could host a meeting and
invite people within Baypoint Lagoons or Spinnaker Point to attend. He thought
we should at least consider asking them to be a dialogue group. Referring
to the first paragraph of the discussion of the purpose of the Canal Voice,
he pointed out it addresses programs, projects and services offered by business,
government and non-profit agencies. He noted we have government and
non -profits represented in this, but he would like to see us reach out to the
business community, specifically looking at one group we have been having an
increased level of discussion with lately, the Hispanic Chamber of Commerce.
Councilmember Miller stated the project has been developed with the primary focus
going to the residents of the Canal, and from the residents of the Canal,
in order to have them voice their own needs, desires and wants, so we will
be able to enable that community of residents to march forward. He stated
an additional series of meetings could be held to focus on the business sector,
noting that had come out very strongly in the economic focus group held recently.
Mayor Boro noted the proposal states it will address programs and services offered
by non -profits, and asked how are we, as a City, going to become involved if
someone were to have a problem with what a non-profit is doing, and what are
our expectations? Planning Director Pendoley stated that if staff can go out
and learn that, he would suggest we are at least a step ahead, having identified
a concrete problem, noting the next question would be can we, or can we not,
fix this? Mr. Pendoley stated the City may be able to simply go to the particular
agency and tell them we are hearing over and over again that their service
is being misdirected, and suggest the elements that need changing. He stated
there may also be additional
issues the City might want to become more directly involved with, noting that if
we find a problem, or better yet a solution, the City could engage in a
partnership with a given non-profit. He noted it was difficult to give even
hypothetical examples until we get out there and see what the feedback is,
but if our object is to give Canal residents more entry to the rest of the
community, this may be a way to identify some bridges we can build.
Councilmember Phillips stated he felt the City was headed in the right direction,
although with this being such a new approach, it was difficult to know exactly
where we are going and what we are going to come back with. He reported he
was involved with the North San Rafael Vision, and under that process there
are twenty-five individuals the Council has selected because of their interest
and, more importantly, their background and relationship to that community.
He stated they are now going out to partner groups, and he suggested this
model might have some merit, and would entail a number of selected individuals
who go out to various individual groups to solicit input. City Manager Gould
stated we have the North San Rafael Vision process going on, the Economic Vision
process going on, and we are coming off a very successful Downtown Vision
process, noting these are working well in a number of different areas; however,
the Canal area is unique, and is a little different than any other area of
San Rafael. He pointed out the Council has directed staff to develop new
approaches to assist the Canal; therefore, if we wanted to do another visioning
process just for the Canal, his recommendation would be to finish the North
San Rafael Vision process, and finish the Economic Vision process, and then
when all of that is complete, we can start something separate for the Canal,
although that might be a year away. He pointed out this agenda item was in
response to the fact that the City just does not have enough information about
what the residents of the Canal neighborhood really need to empower and improve
their neighborhood. Therefore, he stated staff would like Council's approval
to try something a little different, and although it was not completely
scientific, it was a very different approach for a very different neighborhood.
Tom Wilson, of the Canal Community Alliance, applauded Councilmember Miller for
his efforts, noting what the City called "test marketing", he would call
community organizing. He stated he did not think there was really anything
new or innovative in this, and the beauty of it was really in its simplicity.
He pointed out Mayor
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SRCC MINUTES (Regular) 10/7/96 Page 22
Boro had referred to a program they did a few years ago which was the same kind
of basic community organizing program, noting out of that had come a number
of things, including the Canal Parents Community Council. Mr. Wilson stated
he did not feel the value in this was necessarily that the City was going to
be getting information from the people in the Canal neighborhood regarding
what they want from the City, but rather the value was in the process. He
stated this was a real step forward, and would be considered so by a number
of people who live in the Canal area, by the fact that the City has this kind
of interest in the community. Mr. Wilson noted these meetings would have the
sanction of City government, and someone from the City would be there taking
an interest, and he stated the energy generated in that process would get people
together to solve their own problems, and that was the real value in all of
this, that the people of the Canal neighborhood have the capability
of solving their own problems and bringing their own solutions into play. He stated
the Canal Parents Community Council was an example of that, noting a group
of parents had some issues concerning safety and traffic around the school,
and the
Canal Community Alliance played the role of facilitator, to get people together
and let them know how they could approach the City, and some changes were made.
Councilmember Heller stated the City needs to go out to the neighborhood and help
this process along, noting we might be going into a neighborhood where they
have never sat down in each other's homes before because they do not speak
the same language, or where their children might nod to each other, but because
they live at different areas of the apartment building, might never have talked
to each other. She stated she sensed there was a willingness on the part of
the staff, and a commitment on the part of the staff, to go ahead and try this,
and she agreed that we should. She agreed with Mr. Wilson's assessment that
the value was in the process, noting it will attempt to show people they can
solve some of their problems by simply bringing them forward and talking to
each other, and finding mutual ways to deal with them.
Mayor Boro acknowledged the City needs to try something different, and noted
Councilmember Miller had been talking about this project as a way to start.
He stated no one was challenging the process, but we need to better understand
how this can be done, and what the expectations will be and how we will deal
with the results. He stated he felt the City should give it a try.
Councilmember Cohen stated he hoped this project would not be just about getting
the neighborhood to solve their own problems, he hoped it would be about getting
the City seen as someone who has something to offer in solving those problems
and working with the residents of the community.
Councilmember Miller moved and Councilmember Cohen seconded, to accept the work
program for the Canal Voice Project.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Miller expressed his appreciation to Robyn Prudhomme-Bauer, noting
she had dedicated much of her time and expertise toward this effort. He also
noted Associate Planner Linda Jackson was a key bridge maker for our City
government towards the Canal community.
20. CITY COUNCIL REPORTS:
b. RE: GERSTLE PARK TRAFFIC COMMITTEE RECOMMENDATIONS FOR "D" STREET TRAFFIC
PROBLEMS - File 11-13 x 11-10 x 11-1 (Verbal)
Councilmember Cohen reported he, Councilmember Miller and Public Works Director
Bernardi had met with the Gerstle Park Traffic Committee, and the Committee
had three recommendations for controlling traffic on "D" Street, one of which
involved putting in a traffic circle on "D" Street; however, our study showed
this alternative would involve buying four houses, so this idea was rejected,
leaving two choices. He stated the remaining two choices were the installation
of a traffic signal, or a series of measures designed to slow traffic, and
funnel traffic at key intersections in a way that makes it easier to cross
the street. Mr. Cohen stated one concept was to bold out the corners, much
like we have done in parts of Downtown, by bringing the sidewalk out into the
8 foot section of space that is normally used for parking.
Mr. Cohen stated the narrowing of the street lanes was something the Neighborhood
Association had asked the Council to consider as an alternative to a traffic
signal. Mr. Cohen stated this kind of alternative would eventually have to
address other issues, such as landscaping, irrigation,
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maintenance, and a commitment from the neighborhood to maintain the median. Mr.
Cohen informed the residents the City already had existing median landscaping
for which the irrigation system is falling apart, so if the City were going
to spend money on irrigation, we would use the money to fix what we already
have rather than spend money on new landscaping, noting the City needs to focus
on what is going to fix the problem. He acknowledged that curb cuts could
be a cheap fix.
Councilmember Heller asked if this alternative would even work, and Public Works
Director Bernardi reported staff was reviewing this. Ms. Heller asked if such
a project would impact on traffic at the other end of "D" Street? Mr. Bernardi
stated that by physically narrowing the road, we would not really affect traffic
capacity, all we would be doing was creating a little bit of delay because
the road would look visually smaller, and they would have to proceed a little
slower. Ms. Heller stated she felt it was a little premature to promise anything
until we find out whether it will work or not. Mr. Bernardi stated that at
the meeting he and Councilmember Cohen had agreed to get back to the Neighborhood
Association on Thursday to discuss this issue. Mr. Bernardi noted that if
an alternative to the traffic signal is selected by some kind of consensus
from the neighborhood, and that alternative does not work for some reason,
they do not then get the signals, too, stating it was either one or the other.
Councilmember Miller pointed out staff was also supposed to look into the safety
of such an alternative, noting this would be the only street in town to have
this, and people might be bumping off of the curbs along the street, there
would be less room when opening car doors, as well as possible lack of access
for people to get into their own driveways at the corner properties, all of
which could present safety problems. Mr. Miller noted the Association's
decision would be made at their Annual Meeting of October 16th, so this was
not an issue that would continue to drag on.
Councilmember Cohen noted that if there was a fatal flaw to this design concept,
we needed to know about it prior to their meeting, noting the Association had
asked for some indication from the Council that we would be willing to consider
this option, if it proved to be workable. He stated that if this proved to
be a workable solution in terms of the safety concerns, and if the neighborhood
decides they prefer this alternative, then he felt the Council should give
it serious consideration.
Mr. Cohen stated he informed the Association that he felt a light (traffic signal)
at the intersection of Bayview and "D" Street was the best solution, and was
the only thing that would really solve the problems. He noted the actual
problems are the speed on "D" Street and the ability to cross "D" Street safely;
however, somehow a third issue has worked its way into the discussion, which
is to change the perception of "D" Street from a commercial thoroughfare back
to a residential neighborhood. Mr. Cohen stated there are thousands of cars
on "D" Street on a daily basis, and there will continue to be thousands of
cars regardless of which alternative the Council adopts, noting we are not
going to dramatically change the circulation system from what it has been for
years and years, although we will address the safety issue. Mr. Cohen stated
he believed the City would be making a mistake if we installed the light over
the objections of the neighborhood; in fact, he felt it would be a mistake
to do it without the active vocal support of the Neighborhood Association,
because there are going to be people who will not like it, and there will be
a lot of finger pointing. He noted this whole issue was started as a response
to energy created by the Neighborhood Association, and it would be a mistake
to put the light in unless they support it. Mr. Cohen stated there really
are no other options, and the only alternatives are the signal, the bump -outs,
or nothing.
Mayor Boro stated that when the Association comes back with their recommendation,
we should have a definite estimate of the cost of the bump -outs, and an assessment
of how effective we think they would be. He noted, for example, if the bump -outs
are going to be $100,000 and we feel they will only be 20% effective, versus
a signal light for $150,000 that would be 100% effective, then if the neighbors
do not want the light, the City has the obligation to say that we are not going
to spend $100,000 for bump -outs because it is not a good expenditure of public
funds and it will not do the job. He stated he does not want to see us start
with the bump -outs and come back a year from now and have to put in the lights.
Councilmember Heller noted the issue of traffic was one she hears over and over
within the community, and asked if there was anything the City could do to
look at traffic enforcement, suggesting the use of cameras that could be moved
from location to location, and determining if it would be more cost
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SRCC MINUTES (Regular) 10/7/96 Page 24
effective than putting a Policeman in an area where the speed limit is being ignored
and vehicles need to be slowed down? She stated she would like us to look
into this and determine if it would be cost effective, and if it would be feasible
and actually be something we could move around from neighborhood to neighborhood
to slow the traffic.
Interim Police Chief Tom Boyd stated that last year the Police Department attempted
to obtain an Office of Traffic Safety Grant for one of the trailers and we
were denied, noting the Department was just waiting for the opportunity to
apply again. Ms. Heller asked if that was just the trailer that shows how
fast a vehicle is traveling, as she was thinking about a unit that would generate
a speeding ticket to be sent in the mail. Interim Chief Boyd reported the
City of San Francisco had installed some of those units, but they had stopped
using them because the quality of the pictures was not sufficient that the
judge would enforce the speeding ticket; therefore, they must improve the optics
of the camera in order to make it more effective. He stated another thing
we needed to be aware of was that the cameras and all the reporting devices
are provided to the cities at no cost, but the providers take $15.00 off the
top as their fee; therefore, we would have to resolve the issue of whether
we could raise the price of our tickets by $15.00 in order to continue to get
our revenue and still pay the provider?
Mayor Boro asked if we would be better off, at the corner of "D" Street and Bayview,
to invest in technology and let that be the enforcer, rather than putting in
a signal light or speed bumps? Mayor Boro asked why would we not want to pursue
this?
Interim Chief Boyd stated most of the applications had been for red light violations,
in which there is a static situation in an intersection where the camera can
be set. He noted that if we were going for speeders, and the speeder was coming
down the street, then we would likely run into problems with cameras and being
able to get the shutter speed fast enough to get a good, clean picture of the
license plate and, hopefully, the driver.
City Manager Gould stated the bottom line was that this was emerging technology
and had not been approved yet, so if the City was not able to get consensus
on either the stop light or the bump -outs, this may be something we could say
we would come back and address when we have the option.
Mayor Boro stated he would still like to pursue this possibility, noting he had
the impression the California Highway Patrol had used some of these devices
on speeding, and had even been talking about using it on the Golden Gate Bridge.
Councilmember Heller stated she had the impression, from former Police Chief Krolak,
that this was technology that could be used on our City streets, being set-up
with a camera that could be moved from street to street.
C. BOARD OF LIBRARY TRUSTEES - LONG RANGE PLANNING - File 9-2-3 (Verbal)
Councilmember Phillips stated he had met with the Library staff and the Board of
Library Trustees to discuss Long Range Planning, noting they had spoken about
providing more services to Terra Linda and the Canal, two areas which people
have said do not currently have adequate services. He noted they discussed
various means of providing that service, including computer access. He stated
the Library staff and Board of Library Trustees would be coming back with
recommendations in planning for the year 2000. Mr. Phillips noted the Library
staff was wonderful, and they really do want to provide a service to the
community.
There being no further business to come before the Council, the meeting was adjourned
at 10:30 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1996
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 10/7/96 Page 24