Loading...
HomeMy WebLinkAboutCC Minutes 1999-07-06SRCC MINUTES (Regular) 7/6/99 Page 1 1IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JULY 6, 1999 AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember (arrived at 8:10 PM) Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM Mayor Boro announced Closed Session items. CLOSED SESSION - 7:00 PM la. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)) • City of San Rafael v. Kimball C. Kaufman, Jr., et al. Marin County Courts Case No. CV991572 • City of San Rafael v. Leonard D. Stein, et al. Marin County Courts Case No. CV991571 • City of San Rafael v. Christopher Bradshaw, et al. Marin County Courts Case No. CV991569 lb. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager Mayor Boro announced no reportable action was taken on item la. He noted Council would resume consideration of Closed Session item lb immediately following the Redevelopment Agency Special Study Session. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:25 PM None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Public Minutes approved as submitted. Hearing and Special and Regular Meetings of Monday, June 21, 1999 (CC) 3. Request for Amicus Participation: (CA) Approved amicus participation. - File 9-3-16 Tahoe -Sierra Preservation Council v. Tahoe Regional Planning Agency Ninth Circuit Court of Appeal (D.Nev. 1999) 5. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Monthly Investment Report for month ending May, 1999, as presented. 6. Resolution Adopting Amendments to the 1998-99 RESOLUTION NO. 10447 Budget (MS) - File 8-5 RESOLUTION AMENDING THE 1998/99 BUDGET. 7. Report on Rates for Refuse Collection and Accepted report. Recycling Services (MS) - File 4-3-32 9. Resolution Amending Resolution No. 9682 Pertaining RESOLUTION NO. 10448 to the Compensation and Working Conditions for the RESOLUTION AMENDING RESOLUTION SRCC MINUTES (Regular) 7/6/99 Page 1 San Rafael Police Association July 1, 1999 through June 30, - File 7-8-3 x 9-3-30 CONSENT CALENDAR (Continued): SRCC MINUTES (Regular) 7/6/99 Page 2 (Three -Year MOU from NO. 9682 PERTAINING TO THE 2002) (MS) COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (Three -Year Agreement from July 1, 1999 through June 30, 2002). 10. Resolution Amending Resolution No. 9895 Pertaining RESOLUTION NO. 10449 to the Compensation and Working Conditions for the RESOLUTION PERTAINING TO THE San Rafael Fire Chief Officers' Association COMPENSATION AND WORKING (Three -Year MOU from July 1, 1999 through June 30, CONDITIONS FOR THE SAN RAFAEL 2002) (MS) - File 7-8-5 x 9-3-31 FIRE CHIEF OFFICERS' ASSOCIATION (Three -Year Agreement from July 1, 1999 through June 30, 2002). 11. Resolution Amending Resolution No. 10238 Pertaining RESOLUTION NO. 10450 to the Compensation and Working Conditions for RESOLUTION AMENDING RESOLUTION Unrepresented Management and Mid -Management NO. 10238 PERTAINING TO THE Employees and Elected City Attorney and City Clerk COMPENSATION AND WORKING (One -Year Agreement from July 1, 1999 through CONDITIONS FOR UNREPRESENTED June 30, 2000) (MS) MANAGEMENT AND MID - MANAGEMENT - File 7-3 x 7-3-2 x 9-3-14 x 9-3-16 EMPLOYEES AND ELECTED CITY ATTORNEY AND CITY CLERK (One -Year Agreement from July 1, 1999 through June 30, 2000). 12. Resolution of Appreciation to Lynn Emrich, Volunteer Program Manager (MS) 13. 14. - File 102 x 9-2-53 x 235 Report on Bid Opening and Award of Contract to Krama, Inc. Re: Fire Station One Ductwork and Roof Replacement, Project No. 001-4427-482-8000 (Bid Opening Held Tuesday, June 29, 1999) (PW) - File 4-1-502 RESOLUTION NO. 10451 - RESOLUTION OF APPRECIATION TO LYNN EMRICH, VOLUNTEER PROGRAM MANAGER. This item removed from the agenda at the request of staff. Baypoint Lagoons Landscaping and Lighting District: (PW) - File 6-48 t#w i� c. Resolution Directing Filing of Engineer's Annual Report a. RESOLUTION NO. 10452 RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT RE: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972). Engineer's Annual Report 1998-99 - This is b. Engineer's Annual Report to be filed. filed. Resolution Approving Engineer's Annual c. RESOLUTION NO. 10453 SRCC MINUTES (Regular) 7/6/99 Page 2 SRCC MINUTES (Regular) 7/6/99 Page 3 Report Resolution of Intention to Order Improvements (and Setting Public Hearing for Meeting of 8/2/99) 16. Extension of Consultant Contracts with Facilitator Steve Barber and Landscape Architect Ken Kay for Facilitation and Assistance for the St. Vincent's/Silveira Advisory Task Force (P98-10) (CD) - File 4-10-304 x 9-2-45 x 10-2 CONSENT CALENDAR (Continued): RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT RE: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972). d. RESOLUTION NO. 10454 RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS RE: BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)(and Setting the Public Hearing for Monday, August 2, 1999 at 8:00 PM). RESOLUTION NO. 10455 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH BARBER AND GONZALES CONSULTING GROUP IN AN AMOUNT NOT TO EXCEED $40,000 TO PROVIDE CONSULTING SERVICES FOR THE ST. VINCENT'S/ SILVEIRA PLANNING PROJECT. RESOLUTION NO. 10456 - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH KEN KAY ASSOCIATES IN AN AMOUNT NOT TO EXCEED $25,000 TO PROVIDE CONSULTING SERVICES FOR THE ST. VINCENT'S/SILVEIRA PLANNING PROJECT. 17. Resolution Authorizing Purchase and Installation RESOLUTION NO. 10457 - of Classroom at Pickleweed Children's Center (CS) RESOLUTION APPROVING AN - File 4-7-31 x 9-3-65 18. State Preschool Contract for 1999-2000 (CS) - File 4-10-238 19. Resolution Renewing Agreement with Terra Linda Tow Re: Towing of Abandoned Vehicles (PD) EXPENDITURE FOR THE INSTALLATION AND PURCHASE OF A RELOCATABLE CLASSROOM FOR PICKLEWEED CHILDREN'S CENTER. RESOLUTION NO. 10458 RESOLUTION TO ENTER INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS FOR STATE PRESCHOOL SERVICES IN THE AMOUNT OF $66,082.00. This item removed from the agenda at the request of SRCC MINUTES (Regular) 7/6/99 Page 3 SRCC MINUTES (Regular) 7/6/99 Page 4 - File 4-3-274 20. Request for Street Closures, Street Cleaning, and Police Costs for the Canal Community Festival on July 18, 1999 (RA) - File 11-19 x 104 staff. Approved staff recommendation: Alto Street from Belvedere Street to Larkspur Street, Belvedere Street from Tiburon Street to Louise Street, and Tiburon Street from Belvedere Street to Market Street will be closed on Sunday, July 18, 1999 from 4:00 AM to 11:30 PM; Alto, Belvedere, and Tiburon Streets to be cleaned between the hours of 3:00 AM and 4:00 AM on the morning of Sunday, July 18th, immediately before the festival. The same streets are to be cleaned between the hours of 3:00 AM and 4:00 AM on Monday, July 19, 1999 after the festival. Two Police Officers are to be on site from 8:00 AM to 8:00 PM on Sunday, July 18th. AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The following items were removed from the agenda for further discussion: 4 8 SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Cohen stated he was concerned with the recommendation regarding AB 60 (Knox), concerning employment and overtime, noting it was staff's position that Council oppose this bill. Mr. Cohen questioned the reference which indicated the bill had been amended to include local government, stating he had reviewed a copy of the legislation as it stands today, in its third reading, and did not find any reference to the inclusion of local government, or changing the rules of the IWC (Industrial Welfare Commission) to include local government. He asked for clarification, noting that in the past, the Council has not acted on legislation that did not directly impact operations of the City. Assistant to the City Manager Lydia Romero reported the bill had been amended, and the reference to local government had been deleted. Mr. Gould stated, as this bill no longer had a direct impact on local government, he recommended Council not take a position on it at this time. Councilmember Cohen moved and Councilmember Miller seconded, to approve staff's recommendation on SB 320 (Solis), Workers' Compensation Benefit Increases: OPPOSE; and AB 1077 (Cardoza), Sales Tax Exemption, Newspapers: OPPOSE; and take no position on AB 60. AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller RESOLUTION AMENDING RESOLUTION NO. 9846 PERTAINING TO SALARY FOR PART-TIME TEMPORARY, INTERMITTENT, AND SEASONAL EMPLOYEES (Two -Year Agreement From July 1, 1999 through June 30, 2001) (MS) - File 7-3 x 7-4 Councilmember Phillips noted there was a provision for granting a 3% increase for this category of employee, and he wanted to make certain the City was still competitive with regard to wages for this classification of employee, and would be able to attract good employees. City Manager Gould stated he believed we would, noting the City has not had difficulty filling these types of jobs in the past, which are short-term and intermittent by nature. He reported there seemed to be a workforce interested in this type of work, and the City has always been competitive. Referring to Childcare employees, Mr. Gould noted Council had approved a two-year agreement for Childcare employees a year ago, which includes pension benefits, and SRCC MINUTES (Regular) 7/6/99 Page 4 SRCC MINUTES (Regular) 7/6/99 Page 5 significantly increased the City's ability to attract and retain top personnel for that important function. Mr. Gould stated staff believed the proposed agreement would keep the City competitive in the market. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10459 - RESOLUTION AMENDING RESOLUTION NO. 9846 WHICH PERTAINS TO COMPENSATION FOR PART-TIME, TEMPORARY, INTERMITTENT, AND SEASONAL WORKERS (Two -Year Agreement from July 1, 1999 through June 30, 2001). AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 15. RESOLUTION AUTHORIZING PURCHASE OF SOFTWARE AND SERVICES FROM CRW ASSOCIATES FOR PERMIT TRACKING (CD) - File 4-2-298 x 9-3-85 Councilmember Phillips noted that in the summary, under Financial Impact, the report states the expenses are paid by the Community Development Technology Fund from existing resources, and he wanted to be assured there were funds to provide for this, and that the remaining funds were sufficient to provide for at least foreseeable future needs. Assistant City Manager Nordhoff reported, as part of the Master Fee Schedule, staff had been setting aside a 7.50% surcharge to accumulate funds, and that would complete this project for Community Development, leaving a small amount of money in the fund. He noted the fees would continue into next year, and beyond, and there would be more than adequate funds to finish this task. Councilmember Phillips noted, in effect, they were amending the budget Council had just recently approved. Mr. Nordhoff explained staff did not have the final figures at the time the budget was approved, and had not felt it was appropriate to include the item in the budget until the final numbers had been worked up. Mayor Boro asked whether the money had been allocated in the budget, but not specifically for this item, or if this was new money going into the budget? Mr. Nordhoff stated staff had not specifically appropriated these funds; however, they had been accumulating them, just as they do with General Plan fees, and then come back to Council for approval of the use of those funds. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10460 - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CRW ASSOCIATES FOR PERMIT TRACKING SOFTWARE. AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller (Councilmember Heller arrived at 8:10 PM) SPECIAL PRESENTATION: 21. PRESENTATION OF AWARD FOR FINANCIAL EXCELLENCE TO KENNETH NORDHOFF, ASSISTANT CITY MANAGER (CM) -File 102 x 9-3-20 Mayor Boro presented Assistant City Manager Ken Nordhoff with a Certificate of Achievement for Excellence in Financial Reporting, which had been presented to the City of San Rafael, pointing out Mr. Nordhoff was the one responsible for all the City's financial reporting. Mayor Boro noted the certificate stated the City was being honored for excellence in its comprehensive annual financial reports, and for having achieved the highest standard in governmental accounting and financial reporting. Mayor Boro stated this was a great honor, and congratulated Mr. Nordhoff. Assistant City Manager Nordhoff, in accepting the certificate, noted the award was actually a credit to his staff, whom he stated did the "lion's share" of the work. He especially thanked Dennis Shives, Mr. Nordhoff's Assistant, and Cindy Mosser, Accountant in the Finance Department, noting SRCC MINUTES (Regular) 7/6/99 Page 5 SRCC MINUTES (Regular) 7/6/99 Page 6 they had worked very hard on the reporting, and took a lot of pride in their work. PUBLIC HEARING: 22. PUBLIC HEARING - FIRST ANNUAL REVIEW OF DEVELOPER COMPLIANCE WITH DEVELOPMENT AGREEMENT FOR THE FAIR, ISAAC OFFICE PARK LOCATED AT SECOND AND LINDARO STREETS (CA) - File 9-3-16 x 10-3 x 10-5 x 10-7 x (SRRA) R-368 Mayor Boro declared the public hearing opened, and asked for the staff report. City Attorney Gary Ragghianti reported in March of last year Council adopted an Ordinance approving a Development Agreement with Fair, Isaac, and this matter now came before Council pursuant to a specific section of the Government Code which requires annual review for compliance purposes with the terms and provisions of the Development Agreement that impose obligations on the Developer, and in this case, also on the City. Mr. Ragghianti stated the matter now before Council was a proposed Notice of Compliance, noting the staff report contained pertinent provisions of the Development Agreement, detailing the obligations pertinent to this inquiry, the work that has been accomplished to date, and that which must await further activities. Mr. Ragghianti stated the evidence which has been submitted was sufficient, in staff's judgment, to recommend approval of the Notice of Compliance. He noted there was also a proposed form which, if the Notice of Compliance is approved, would be recorded. He explained that each year, until all the obligations set forth in the Development Agreement have been achieved, this matter would come before the Council. Mayor Boro invited public comment, and there was none. There being no public comment, Mayor Boro closed the public hearing. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution, as recommended by staff. RESOLUTION NO. 10461 - RESOLUTION AUTHORIZING ISSUANCE OF A NOTICE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (DEVELOPMENT AGREEMENT, FAIR, ISAAC OFFICE PARK) . AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 23. REPORT ON TRAFFIC OPERATIONAL IMPROVEMENTS IN EAST SAN RAFAEL (PW) - File 11-1 x 11-8 x 11-10 x 11-11 x 11-12 x 11-12-1 x 11-13 x 11-14 x 9-3- 40 Public Works Director Bernardi explained that, originally, a project known as the Irene Street Overcrossing had been listed in the General Plan, and one of its primary components was to relieve traffic congestion in the Bellam Boulevard corridor. However, the cost of that project was approximately $20 million, and the City currently has approximately $3 million. He explained that at the time the Irene Street Overcrossing project was included in the General Plan, it was assumed the State and Federal governments would pick up the balance, and it was never envisioned by the City that developer fees would pay the entire cost of this $20 million project. Mr. Bernardi reported, given the funding availability on both State and Federal levels, staff began to look at different alternatives, and the project that was developed was ultimately to become known as "the Loop". Mr. Bernardi noted the project was brought before the Council for approval on a conceptual basis, and Council authorized staff to proceed. After a series of twenty-seven public meetings within the community, along with additional meetings at Pickleweed Community Center, the Council held a public hearing, and after considerable testimony, determined it was appropriate to move forward with the project known as "the Loop". Mr. Bernardi reported the project was then implemented, and has been in SRCC MINUTES (Regular) 7/6/99 Page 6 SRCC MINUTES (Regular) 7/6/99 Page 7 operation since August 31, 1998, operating as predicted by staff. He noted that while the project was working as had been predicted, he acknowledged it was more inconvenient to people using and accessing that area. Traffic Engineer Nader Mansourian reported the Police Department had helped out the first day the City opened "the Loop". In addition, staff worked with Caltrans, and adjusted the traffic signal timing coordinations during the first few days, which have become stabilized. Mr. Mansourian stated staff also worked with the business owners and residents who had contacted the City requesting additional signage and pavement marking, noting responses to those requests had been immediately implemented, as a Public Works crew had also been on hand. He reported staff had been in contact with the businesses, addressing their concerns as fully as possible. Mr. Mansourian explained staff had been taking traffic counts and observing the operations of "the Loop" in the morning, mid-day, and afternoon, and also week -ends, noting they had found it was doing as they had predicted. He stated they have made some minor adjustments, and working with Caltrans, they have restricted the movement of the westbound Interstate 580 off -ramp, with a "No Right -Turn on Red" sign, because people were concerned about sight distance and visibility. He noted Caltrans agreed with the decisions regarding the left- and right -turns for the westbound Interstate 580 off - ramp; however, until it is part of a larger project, and they can look at more detailed plans, Caltrans would not agree to the City's plan to extending the median further out into the roadway. Mr. Mansourian reported that during the past month, the City had also worked with Caltrans to change all the traffic signal controllers and cabinets, which he stated should help, as the old ones used to break down a lot. Mr. Mansourian stated the City had made minor adjustments to the signal timing at Bellam and Kerner Boulevards, noting right now we have it programmed to count cars, and it also changes signal timing and coordination. Mr. Mansourian explained the coordination between the City's signal and Caltrans' is not yet connected; however, this will be done in Phase II of the project. Mr. Mansourian reported staff has noticed the number of accidents remains approximately the same, noting that while the severity of the accidents has been reduced, the number of accidents has not. He pointed out the majority of the accidents did not involve cars going the wrong way on "the Loop", and those few that did were minor. He stated many of the accidents involved people making left -turns from the wrong lane; therefore, the City has added additional roadway markings and signage to prevent that. Mr. Mansourian reported some of the complaints the City has received have concerned speeding on Bellam Boulevard, between Francisco Boulevard East and Kerner Boulevard, and he noted the Fire Department was also concerned with the speeding in that location. Therefore, part of the recommendation for Phase II would be a traffic signal system to warn drivers when Fire Engines are coming out onto the street. Mr. Mansourian stated staff had also received complaints regarding traffic and visibility. Mr. Mansourian stated the Police Department has been out to this location to enforce the speeding, reporting the speed limit on Francisco Boulevard East, between Bellam and Irene Street had been reduced at the beginning of "the Loop", and was currently 25 miles per hour. He explained staff would now have to go out to that location and conduct a radar study to establish the speed limit, in order for it to be enforced by radar, and staff believed it would likely be increased back to 30 or 35 miles per hour. Mr. Mansourian reported minor adjustments had also been made on Irene Street and Francisco Boulevard East, noting northbound cars making right turns onto Irene Street were not yielding for pedestrians, and adjusting the signal operations had addressed that problem. Mr. Mansourian reported the operation of the traffic signals in the field indicated they operated acceptably, and the Level of Service analysis conducted by staff and the consultants had reached the same conclusions. He acknowledged there were still some improvements which needed to be made to make the current operation better, and to handle future traffic growth. Mr. Bernardi explained part of the staff report included a description of the work to be done during Phases II and III, noting staff anticipated that work would be completed by the end of the City's two-year budget cycle. He stated that during Phase III, one of the issues would be dealing with Caltrans, and while staff anticipated having everything completed by the end of the current budget cycle, that could be delayed. SRCC MINUTES (Regular) 7/6/99 Page 7 SRCC MINUTES (Regular) 7/6/99 Page 8 Mr. Bernardi stated, based on Council's original direction, staff had implemented a project that was working as predicted; therefore, staff recommended Council continue with the implementation of Phases II and III. Councilmember Miller stated he was interested in Belvedere Street at Bellam Boulevard, noting that was one of the most congested areas, particularly as people attempt to get across and turn left. He pointed out there did not seem to be sufficient timing for the right -turn at Kerner Boulevard, and people continued to flow around that spot when the other traffic is stopped. He asked if consideration had been given to this? Mr. Mansourian stated one of the suggestions for Phase II, a little further up the roadway at Bellam and Kerner Boulevards, was to make a double left -turn in the eastbound traffic lanes, which would shorten the left -turn. The consultant had also recommended reducing the signal by one cycle length. Mr. Mansourian stated they could also add an all -red time of three or four seconds to create a gap, noting they were already doing that for the Fire Engines when they push the button to exit the Castro Station. However, he believed this would be very difficult, requiring constant enforcement, as would no right -turns on a red light. Councilmember Miller asked if they could create a gap time on Belvedere, as they had done on "B" Street, so people could get across, noting he felt once that was cleared up, traffic would flow very well. Mr. Mansourian stated he would look into that. Mayor Boro invited public comment. Dipak Sherman, owner of Orchid Cleaners, believed "the Loop" was non- functional, stating he had suffered a 30% loss in business, as people could not turn into his property. He reported his location at 120 Bellam Boulevard services six other stores, ranging from San Rafael to Sausalito, and every time a driver loads his truck to make a delivery, and has to make a U-turn at Bellam Boulevard, he is taking a risk. Mr. Sherman stated he would like someone to come out and watch how often drivers make an irrational decision, trying to make the light, noting he was concerned that one day there would be a disastrous accident. Mr. Sherman stated he was particularly concerned for his customers at the end of the road at Spinnaker Point who cannot turn into his business. Donna Claudier felt the Fire and Police Departments had been working well within "the Loop". Tom Dorsaneo, resident of East San Rafael, stated he had found some things problematic with "the Loop". He reported even though there is a sign indicating no right -turn on a red light from the Interstate 580 off -ramp onto Bellam, no one pays attention to the sign, and they continue to turn through the red light. He believed there would be serious accidents at that location. Mr. Dorsaneo noted he had gone to every business in "the Loop", reporting not one person he had spoken with was satisfied or pleased with it, and all of them stated they were losing money because they had customers who could not find their businesses. He reported he had spoken with one business owner who stated there have been three accidents in front of his business on Francisco Boulevard, when people were make a left -turn out of his driveway and could not see the traffic coming the other way. He pointed out the speed limit on Francisco and Bellam Boulevards was 25 miles per hour; however, no one drove only 25 miles per hour. He believed they were more likely driving 40 miles per hour, and sometimes faster than that. Mr. Dorsaneo Express) an because they 8:15 AM and with Fed Ex stated it used to be fairly easy for the Fed Ex (Federal d UPS (United Parcel Service) trucks coming out in the morning, had two different roads to take; however, he noted between 9:30 AM it had now become a racetrack down Kerner Boulevard, and UPS tying -up Kerner and Bellam Boulevards very badly. Thomas Jung, European Auto Service, noted last year the City had Level of Service ratings for these intersections, and asked what they were now, in comparison to last year? Mr. Mansourian reported the intersection of Bellam and Francisco Boulevards had previously been at LOS E and F, and the off -ramps were at B and C, with the eastbound Interstate 580 off -ramp failing because of the through eastbound and southbound traffic. Currently, eastbound Interstate 580 was at LOS C, westbound Interstate 580 was LOS B, and Francisco Boulevard was LOS B. The intersection of Bellam and Kerner Boulevards had previously been LOS C, and was currently LOS C. Mr. Jung stated he was experiencing a tremendous loss of business, with customers who no longer wanted to come to his business because of the inconvenience of going around "the Loop", and a decrease in sales. He noted this probably seemed to be what every city in the United States was going through, with big businesses locating themselves on the perimeter of cities, to the detriment of the small business owner, who has to suffer. SRCC MINUTES (Regular) 7/6/99 Page 8 However, he did not believe that was trying to do in this instance expensive way, in order to drive were to analyze this, and spend a solution, as opposed to something the perimeter of East San Rafael, SRCC MINUTES (Regular) 7/6/99 Page 9 was the case here, because what the City was to drive traffic in the least tax revenues. He felt that if someone little more money to create a proper that would allow traffic to drive down to then everyone could be happy. Elissa Giambastiani, President of the San Rafael Chamber of Commerce, stated she had contacted four Chamber of Commerce members who have businesses in "the Loop", and while all four had indicated they had not been impacted by "the Loop", they all had talked about how terrible the speeding problem was, not just on Kerner Boulevard, but also on East Francisco Boulevard. They also stated it was very hard to get in and out of many of the businesses because of the speed of the traffic, and one described "the Loop" as "a freeway". Ms. Giambastiani reported, after having been to the area and experiencing it herself, there were some places on Kerner where the visibility was bad, and because of the speed of the traffic, it was very dangerous. Ms. Giambastiani reported a couple of requests had been made. One was for an additional crosswalk approximately 300 feet from Bellam Boulevard. She noted there was a crosswalk further down, closer to the main entrance to Industrial Light and Magic; however, the business making this request had reported that as people get closer to the intersection, they speed up even more in anticipation of getting through the light. Ms. Giambastiani stated that although the business owners she spoke with had reported their levels of business had not been impacted, she believed there were likely areas where business owners had been economically impacted, such as the gentleman from Orchid Cleaners who spoke earlier. She wondered if there was a way to obtain economic information? She recalled this had been discussed when the City first proposed instituting "the Loop", noting it had been suggested that an economic analysis be done to see if, indeed, there had been a downturn in the businesses in the area. She stated the Chamber of Commerce would be happy to work with the City in trying to gather such information. Fred Jung, European Auto Service, stated "the Loop" was quite a problem for him and his employees, reporting they spend up to an hour and a half to two hours per day test driving vehicles, and they always have to go either around "the Loop", or down to San Quentin and come back over the freeway. He noted Interstate 580 now had a No Right -Turn on Red sign, which he felt was really a problem, as traffic was sometimes backed -up ten or fifteen cars, and it took him as much time just to get to the intersection as it would to drive around the entire Loop. He asked for the sign to be changed, allowing drivers to make right -turns on a red light as soon as there is an opening. Mr. Jung stated another serious problem was that the sidewalks have turned into bicycle paths. He reported that when he edges the nose of his car out, in order to get onto Francisco Boulevard, there are people coming down the sidewalk on bicycles in both directions, both against and with the traffic, and they scream at him and use profane language because he has the nose of his car on the sidewalk. He believed the City needed to create something for the bicycles, perhaps a bike lane. John Jencheski, owner/partner of Bellam Self -Storage, stated he had a marketing suggestion, recommending the business owners send out post cards to their previous customers, showing them how to get to the business. He believed that would be a good investment. Ed Gilmore, Royal Coach Car Wash, stated he has had many discussions with Traffic Engineer Nader Mansourian regarding his entrance driveway, which was quite a large driveway, directly across from Castro Street. Mr. Gilmore reported he has been asking his customers to go to the end of another of the driveways, then come back and work their way over to the left lane; however, the customers have to sit there for a very long time because people come around the corner from Bellam Boulevard very fast. He noted that when the customers ask what else they can do, and he tells them they can go all the way up to Irene Street and back around, they say it is not worth the trouble. He reported his business has dropped approximately thirty-five cars per day, and while he acknowledged there could be reasons other than "the Loop", customers have been telling him it was too difficult for them to get out of his business. Mayor Boro referred the speakers' questions to Public Works Director Bernardi. SRCC MINUTES (Regular) 7/6/99 Page 9 SRCC MINUTES (Regular) 7/6/99 Page 10 Referring to the suggestion of mailing post cards to the customers, Mr. Bernardi stated that as part of the City's public information campaign when "the Loop" was first implemented, staff mailed a "press kit" which contained post cards to each of the business owners, letting them know that if they wanted more of the post cards, the City would provide them. Mr. Bernardi noted he still had many of the post cards, and if anyone wanted them, they were available to mail to their customers, or to put on their front counter. Addressing the driveway issue, Mr. Bernardi stated that when the City first began discussing this project, they had talked about red curbing on Francisco Boulevard. Mr. Bernardi explained this was a two -fold problem, noting if the City took all the parking in front, it created a problem for the business, because they needed the parking for their customer flow. However, that created a problem of appropriate sight distance when someone is leaving the business, of not being able to see up and down the street properly. Mr. Bernardi noted the City had stated staff would work with any business owner who was concerned, and would stripe red curbing, at the owner's request, in front of his business. Regarding Orchid Cleaners, Mr. Bernardi stated he and Mr. Mansourian had met several times with the owner at his business, standing on the street and trying to figure out what the City could do to assist the owner. Mr. Bernardi stated Mr. Mansourian had a sign placed at Francisco and Bellam Boulevards which, in essence, allowed U- turns, so if a driver was coming on Bellam Boulevard toward Francisco Boulevard, he could make a U-turn and get back to the owner's business. Mr. Bernardi stated staff had tried as best it could to address the owner's concerns. Assistant City Manager Nordhoff referred to the issue of sales tax, reporting the City currently contracts for sales tax information, which is obtained from all retail businesses throughout the City on a quarterly basis, so staff could look at the impacts. However, he was not certain whether all the businesses were subject to sales tax; therefore, he was not certain the report would be an accurate indicator of what the business trends might be. Mr. Nordhoff stated staff could review the data, noting that while his department receives summary information, it also has a data base with everyone in it, so staff would be able to extract that information. Mayor Boro referred to the situation with Orchid Cleaners, noting he was trying to understand the situation today, versus yesterday. He asked, in the past, when people came out of Spinnaker Point and wanted to go to the cleaners, did they go to the intersection of Bellam and Francisco Boulevards, make a left turn, and then come back? Mr. Sherman stated it was his assumption they used to go to Castro Street, turn right at Francisco Boulevard East, turn right on Bellam Boulevard, and come to his business, as there was no median opening at that time. Now, they can go westbound on Bellam Boulevard, and then make a U-turn at Francisco Boulevard East. City Manager Gould stated he had a discussion with Mr. Sherman's accountant, who had described this as being the primary problem. Therefore, the City did something a little unorthodox, and created a U-turn for small cars only, to accommodate his customers. Mr. Gould stated staff was listening, and trying to lessen any impact on Orchid Cleaners. Mayor Boro asked why the U-turn was designated for small cars only? Mr. Mansourian explained the turning radius was adequate for passenger cars, but it would not be adequate for vans or trucks. Mayor Boro asked if staff had addressed the issue of traffic, as far as speeding, and whether the City could do more? Mr. Gould stated the City could do more, noting that with the additional Motorcycle Officers recently provided by Council, and the fact that the Patrol Officers were writing more tickets, the Police Department would be able to spend more time in this area. He noted it was a symptom of the fact that "the Loop" was working very well that speeding was the primary concern. He stated the Motorcycle Officers would be asked to provide additional attention in that area, and the radar trailers could also be put there to remind people just how fast they are traveling. Mr. Mansourian stated staff would update the radar surveys to re-establish the speed limit, allowing the Officers to use radar guns to enforce the speed limit, noting the Officers were currently using the method of pacing the drivers. Mayor Boro clarified the posted speed was 25 miles per hour, but since the speed had not been certified, they could not use radar to enforce the 25 mile per hour speed. Mr. Mansourian stated that was correct. He explained the speed limit used to be 35 miles per hour, and it was lowered. Mayor Boro asked if the Officers SRCC MINUTES (Regular) 7/6/99 Page 10 SRCC MINUTES (Regular) 7/6/99 Page 11 could use the radar gun and cite drivers if they were going faster than 35 miles per hour? Mr. Mansourian stated that was not the case, noting the speed had to be surveyed and re-established, and the speed limit justified. Mayor Boro asked how long that would take? Mr. Mansourian stated staff would try to have that completed this week. Mayor Boro asked that this be done on both Francisco and Kerner Boulevards. Mayor Boro stated he had gone to the Car Wash and watched people leaving the business, reporting two of the customers had gone straight across to Castro Street, even though there was a "Do Not Enter" sign. He asked if perhaps there should be printing on the pavement which states, "Right Turn Only", which was what he believed should happen as customers leave the Car Wash, unless they went all the way down to the very beginning of the driveway, although then they would run into the problem of sight distance, as well as speeding. Mayor Boro suggested Mr. Gilmore work with Mr. Mansourian. Mayor Boro referred to a letter received from the Marin Builders Exchange, and asked Mr. Bernardi to respond to it. Mr. Bernardi stated staff would review the letter and respond, noting he would also give the Councilmembers a report. Mayor Boro asked for a response regarding Mr. Jung's earlier question concerning the No Right Turn on Red at Interstate 580 and Bellam Boulevard. Mr. Mansourian stated that had been discussed during the community outreach efforts last year. He noted many of the residents and businesses had complained that at the westbound Interstate 580 off -ramp there was limited sight distance to the left, and the big trucks and cars making right turns on the red lights, going across Bellam to get into the double left -turn lanes, were getting stuck and shutting down four or five lanes of traffic. Mr. Mansourian reported staff had worked with Caltrans, and they implemented the No Right Turn on Red a few months ago. Mayor Boro asked if that had been done more as a safety measure, and had nothing to do with "the Loop"? Mr. Mansourian stated that was correct. Mr. Mansourian stated one thing they could address during Phase III was to see whether there was a chance to have a right -turn from the westbound Interstate 580 off -ramp, which would hook into the right -turn lane for Bellam and Francisco. Mayor Boro asked if that would be an exclusive right lane to turn onto Bellam, and then Francisco, and would not go across? Mr. Mansourian stated that was correct, noting he had walked that location last week, and there was enough room to do that. Councilmember Phillips recalled that when the City first began exploring possibilities for "the Loop", one of the arguments in favor of it had been that the increased flow of traffic would more than likely enhance business in the area; however, he noted Council had heard from some who indicated otherwise. He wondered whether the original premise was holding true that business, taken in the aggregate, was up, partly attributed to "the Loop", or whether the speakers' comments were reflective of what, in fact, was occurring? Mr. Bernardi stated one of the reasons for "the Loop" was to allow for some additional economic development in the area, noting they had discussed the number of additional trips that would be allowed in the area, based on the implementation of "the Loop". He reported that was continuing to occur, and the City was receiving additional proposals for development. Regarding the impact on existing businesses, Mr. Bernardi stated staff had no way of knowing, and could only take the business owners at their word; however, he believed that, overall, the goals the City was attempting to achieve, to have better traffic flow and allow for additional economic development in the area, had been achieved. Mr. Phillips noted that might be an interesting survey. Councilmember Heller noted the City had heard from business owners who had been impacted and were not in favor of "the Loop", and asked how many businesses were in the area and had not commented or sent letters? Mr. Bernardi stated staff had sent out over 700 notices and agenda item packets to people who have business licenses in the area. He noted approximately 50 of those had been returned, and reported that Mr. Mansourian and his staff had personally gone to those addresses, and if there were businesses at those locations, they gave them a copy of the staff report. Mr. Bernardi stated staff had made quite an effort to make certain all the businesses knew what was going on, and that this item would be on the agenda. Councilmember Cohen referred to an earlier speaker's comment regarding the City taking the easy solution, and not being willing to try other solutions. He noted one of the solutions the speaker had specifically mentioned as an alternative was extending Kerner Boulevard. Mr. Cohen SRCC MINUTES (Regular) 7/6/99 Page 11 SRCC MINUTES (Regular) 7/6/99 Page 12 asked for clarification, noting it had been his understanding that completing the Kerner Boulevard extension would not provide the traffic relief provided by "the Loop". Mr. Bernardi stated that was correct. He noted the extension of Kerner Boulevard was still a project listed as a mitigation in the General Plan; however, it would not achieve the benefits "the Loop" has created. Councilmember Cohen believed the suggestion that the City assist in marketing was well taken, and if staff had a stack of unused post cards, he felt perhaps it was time for the City to renew its offer, telling the business owners the City had taken the time and effort to develop marketing materials to assist them and their customers in understanding the change and circulation in the area, and would be happy to make the materials available for them to mail to their customers. Mr. Cohen asked if those materials were being offered free of charge, and Mr. Bernardi verified that they were. Mr. Bernardi also pointed out that when the City first implemented "the Loop", the City had entered into an advertising campaign program with any business that chose to participate. He noted there had been a special edition in a number of newspapers, including the San Francisco Chronicle and The Examiner, as well as other local papers. He reported that ad campaign had been approximately $25,000 of City money, noting the businesses also contributed approximately another third of the cost, but the City paid most of the cost. Mr. Bernardi stated that had been open to anyone who chose to advertise as part of the special campaign advertising "the Loop", and how to get there. In addition, staff also issued press kits to everyone, which included layouts for logos on their business letterhead, post cards, and informational items the businesses could give to their customers. Mr. Bernardi stated he still had extra copies, and staff would be happy to distribute them. Councilmember Cohen stated he also supported Mayor Boro's call for increased enforcement, noting if speeding has become the issue in that area, the City needed to deal with it. Mr. Cohen also asked staff to continue to work with business owners who have specific impacts they can identify, and try to find solutions. Councilmember Cohen noted the Councilmembers had received a couple of letters from people who were very irate about this issue, suggesting the Councilmembers had not listened in making their decision. He pointed out listening and agreeing were not necessarily the same thing. He stated he, for one, had listened very carefully, and was concerned about the impact on existing businesses. However, he also believed it was incumbent upon him, as a Councilmember, to make the best use he can of the taxpayers money, in dealing with the circulation system of the City. He explained, in its simplest form, comparing "the Loop" to the Irene Street Overcrossing, which has been part of the San Rafael General Plan for at least the past ten years, the City was faced with a $2 million solution versus a $20 million solution, and the two accomplished the same thing. He believed any business faced with a decision about whether to spend $2 million or $20 million to fix a problem, even if it had some other consequences, would choose the $2 million option. Councilmember Miller stated he spends time in this area, noting he is on "the Loop" at least five or six times a day, at all times of the day and in the evening. He reported his experience on "the Loop" has been that when he leaves his building, he first comes to a stop at Irene Street, then usually has to stop at Bellam Boulevard, and has never had to stop and wait for more than one light cycle. He stated once he makes the turn onto Bellam Boulevard, he usually has only a very small stop at Bellam and Francisco Boulevards, and can then continue to Andersen Drive. He stated it was far faster for him now than it had been before, noting the times when it does become blocked were usually because of something that has happened on the freeway. Therefore, having been in the area at all hours, it has been his experience that "the Loop" is not inconvenient. Mr. Miller stated the biggest problem he saw was at Belvedere Street, noting if the City could work on that location, they could get the traffic going. Councilmember Miller acknowledged there was a problem with speeding, and it was very difficult trying to get across some of the streets. He noted when the Motorcycle Officers had been patrolling the area, traffic did slow somewhat, and he believed this was really a matter of traffic control. Councilmember Miller stated his concern was whether there was an impact of "the Loop" in the neighborhoods, noting the residents believe there has been an increase in traffic, particularly along Canal Street. Mr. Miller noted staff had conducted traffic counts at several locations, and suggested that report be made available to the neighborhoods, and that staff conduct a campaign to inform the residents about this public SRCC MINUTES (Regular) 7/6/99 Page 12 24 SRCC MINUTES (Regular) 7/6/99 Page 13 information concerning how "the Loop" is working, and how it is impacting them. Mr. Miller noted Canal Street was always bad in the morning, and he did not know whether or not that was a result of "the Loop". He agreed there was an impact on Canal and Medway Streets in the evening, because it is easier to make that turn onto Medway Street during the evening commute hour. Mr. Miller reported residents of Spinnaker Point he had spoken with were very pleased with the blinking lights and adjustments to the traffic signal, noting he had also heard good things from the neighborhood associations in that area, and they, too, were pleased, stating they had found less impact all along the line. Councilmember Miller stated it was not a matter of listening, it was a matter of having to make a decision, noting he had to look at the issue in terms of the common good, and how the City could raise the entire economic and social level of that area, which he believed "the Loop" did, because it makes it a lot safer in the long run, so there can be well thought out economic development there. Mayor Boro noted the consensus of the Council appeared to be that "the Loop" had achieved its goals with regard to congestion and increasing capacity, although he acknowledged there were areas the City could continue to work on, such as traffic. Referring to the recommendation of going out again with a public relations campaign, he noted the City could certainly do that if there was interest. Mayor Boro stated another important issue had been raised, which had not yet been addressed by staff, and that was the problem of bicycles. He asked if that area was striped for bicycles, and Mr. Bernardi stated it was not. Mayor Boro asked, on a one-way street, if a bicyclist was allowed to go the wrong way on the street or sidewalks? Mr. Bernardi stated they were not, they had to follow the flow of traffic, and bicycle riding on the sidewalk was not permitted at all. Mayor Boro suggested perhaps the City needed to deal with that issue. Mr. Bernardi also noted the Vehicle Code requires a driver to stop at his driveway and look in both directions before crossing the sidewalk to enter the street. He stated if there was landscaping or other obstruction that staff could help Mr. Jung modify in order to improve the sight distance from his driveway, they would be glad to do so, if that was what was causing his problem. Mayor Boro asked, if people were not allowed to ride bicycles on the sidewalk, could they be cited if they were seen doing that? Mr. Bernardi stated that was correct. Councilmember Cohen moved and Councilmember Heller seconded, to accept the report from the consultant, as presented, and authorize staff to continue with Phases II and III of the East San Rafael Traffic Improvements. In addition to the recommended actions by staff, Council also directed staff to continue to work with individual businesses to mitigate, to the greatest extent possible, the impact on business; to direct staff to reinvigorate the offer to make marketing materials available, and explore whether or not another joint advertising piece would be indicated; and to direct the Police Department to increase enforcement on the issues of speeding and bicycles on the sidewalks, to address some of the concerns raised this evening. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None UPDATE ON ST. VINCENT'S/SILVEIRA TASK FORCE PROCESS (CD) - File 9-2-45 Community Development Director Bob Brown recalled that in March and April the Task Force had been brainstorming options for the property, including land uses and locations, and they had run into a bit of a snag during that process. He reported St. Vincent's had indicated a very strongly held position that their new campus for the St. Vincent's School for Boys would have to be on the east side of the railroad tracks, and that position then caused a counter -position from the environmentalists, that there should be no development on the east side of the railroad tracks. Mr. Brown stated in May and June the Task Force discussed this impasse, and established the position that they would proceed this Summer in small -group work. He noted, as the facilitator had pointed out, when there are strongly held positions, it is time to back -off, put more data on the table, re-examine the interests of the various constituency groups, and then brainstorm new options, which was what the Task Force was going to do. Explaining how the work would be divided up, Mr. Brown stated the Task Force would proceed in small groups during the Summer, working on a couple of different areas. He pointed out one issue would be pursuing options for SRCC MINUTES (Regular) 7/6/99 Page 13 SRCC MINUTES (Regular) 7/6/99 Page 14 development areas, noting the groups had already developed some very preliminary maps for the property, in terms of land use locations, and those would be refined. He stated the other area that needed to be explored was the entire issue of how much residential, commercial, and industrial density would be allowed, particularly when dealing with traffic constraints. Therefore, this Summer staff would have the group identify various levels of development, and then run those options through the County's traffic model, looking at the impacts on Highway 101, and trying to refine how much development should occur on the property. He explained that once these two areas have been accomplished, they hoped to begin working on the policy language, and then bring everything forward in September for a large, group meeting. Mr. Brown stated another issue that would be pursued by small groups was the issue of utilization of the preservation areas, the areas that should not be developed, explaining what they would do, in small groups, was to re-examine the City and County policy history for the lands east of the railroad. He pointed out the MOU refers to long-term preservation of the areas east of the railroad, so staff will have the group define what "preservation" truly means, and how much can occur in those areas, as well as the acceptable uses. Mr. Brown stated they also planned a couple of educational forums that would feed into the small group discussions. He reported one would discuss the whole issue of wetlands, noting there has been a reluctance on the part of the environmentalists to suggest that wetlands can be mitigated if they are encroached upon, although there are some very inconveniently placed wetlands of various quality on the property. He stated they would look at situations where wetlands have been relocated and restored, and how successful those efforts have been. Mr. Brown reported they would also have an educational forum on valuing non -developable land, which will relate both to the types of uses they can have on these preservation areas, and the kind of return those can generate for the property owner. He stated, primarily for the benefit of the Silveira's, they would also look at how they can deal with their properties in non-traditional ways that might not necessarily involve a sale, explaining that would include the issue of environmental trusts, and how to pass that kind of benefit on to family members. He reported that was an issue that was being dealt with extensively in the Central Valley, for agricultural development areas, and staff would attempt to bring some of that expertise, which might be of benefit in the Silveira's decision making for their property. Mr. Brown stated their goal was to come back in September with refined land use maps, and also with a better understanding of what can occur east of the railroad, and within the area known as the "view corridor" on the Silveira property. Councilmember Heller noted she had read the copy of a memo to Mr. Brown from Rich Crawford, Associate Planner, regarding the SFO (San Francisco International Airport) runway expansion, pointing out the last paragraph suggested a possible site for the wetland mitigation might be the baylands east of the railroad tracks on the St. Vincent's/Silveira property. She asked if that would be included in the hearing, so people would be aware that there might be some mitigation with good, solid money behind it? Mr. Brown stated it was something they would discuss; however, the environmentalists would also be discussing various sources of monies that might become available in the foreseeable future. He pointed out that with SFO, that would be a longer term mitigation, and it would likely be years before decisions were made. However, he acknowledged those were possible sources for the future. Mayor Boro thanked Mr. Brown for his work on this project. NEW BUSINESS: 25. CONSIDERATION OF CITY ACQUISITION OF REDEVELOPMENT AGENCY OWNED PROPERTY FOR PURPOSES OF THE IMPLEMENTATION OF THE INITIAL SEGMENTS OF THE MAHON CREEK CONCEPTUAL PLAN (RA) - File 4-10-296 x (SRRA) R-375 x (SRRA) R-390 Economic Development Director Nancy Mackle stated she was presenting an idea in concept form, noting this was something she had already discussed with the State Lands Commission, and with Council's approval, would obtain the proper documentation to go forward. Ms. Mackle explained the State held the title to waterways, which often included areas that used to be creeks and waterways that have been filled SRCC MINUTES (Regular) 7/6/99 Page 14 SRCC MINUTES (Regular) 7/6/99 Page 15 in. She reported that over the years, the City has been working with the State, with the City in the form of Trustee for the State, to clear title on properties that have a State claim on them, as former waterway areas. As examples, she noted the Fair, Isaac, Shamrock, McDevitt, and Dexter properties, as well as several other such properties. She explained that in order to clear title on such properties, the City, as Trustee, held the money, reporting that fund had now accumulated to over $830,000. She pointed out State legislation defines what the City can and cannot do with the money, noting that, essentially, the City can only use those funds for acquisition of property that meets the State's Public Trust needs or requirements, such as water -oriented, public access, and navigation. Ms. Mackle noted there have not been many such projects come before the City as profitable property acquisitions, pointing out Holiday Magic was the only one they have had so far. Ms. Mackle stated she was now proposing such an acquisition, explaining approximately a year and a half ago, the Redevelopment Agency purchased property from the railroad, which was referred to as the "Wye Track" property, for the purpose of the Mahon Creek plan, approved by Council in 1998. She reported the environmental review was completed for the plan and the Redevelopment Agency put together a project, working with all the interested groups. She noted the property went all the way down to Andersen Drive, passed Albert Park. Ms. Mackle stated the Redevelopment Agency purchased the property, and sold a small portion to the owners of the Shamrock Center, to help them with their parking; the Agency kept the remainder of the property, intending to someday do the Mahon Creek Plan, although there was no funding in place for it, except the $250,000 for a bike path, which Fair, Isaac had contributed. Referring to the concept now before the Council, Ms. Mackle explained the City could purchase the property from the Redevelopment Agency using Public Trust money, as this property was water -lined, had the creek running through it, had public access, and there was a bicycle/pedestrian path. She stated she had approached the staff of the State Lands Commission, who indicated they felt this could work. Ms. Mackle explained the Redevelopment Agency would get some money back; however, part of the State's condition was that the Agency's proceeds from the sale go into the construction of a public trust project, with the most obvious one being the one now before Council. Ms. Mackle stated that in addition to the $250,000, staff was securing $550,000 from Caltrans, noting the Agency had already secured MTC (Metropolitan Transportation Commission) approval, and now had to go through one more process with Caltrans; however, she believed the Agency would be able to get that money. Therefore, if the City purchased the property for what the Redevelopment Agency paid for the property, which was a little over $700,000, that money could then flow back into the construction. She reiterated the money the Agency had was only for acquisition, noting they had no money to actually construct the Mahon Creek Plan, which would include such things as grading, vegetation, and bike paths. She acknowledged this entailed a little "swapping around", but would make this project a reality. Ms. Mackle believed this project would be a great amenity to the Downtown, pointing out this used to be a blighted area, and noting it was now an empty lot which the Agency would be using this Summer to store dirt during construction; then it would remain fenced off until there are funds for the project. She asked Council to envision walking along the Shamrock Center area, all the way past Brandon Tire, and someday, continuing all the way down to Albert Park, pointing out this would be a wonderful public amenity to the Downtown. Ms. Mackle stated if this proposal were approved, there would still not be enough funds to do the whole thing, only the upper segment, noting it was very expensive when they had to work around a creek. Ms. Mackle stated they had originally thought this project would have to be done sometime in the future; however, the environmental report has been done, and the topographical maps were prepared, and after discussions with Public Works Department staff, they began to realize that many of the pieces had already been put together, and now that these funds were coming into play, they could actually have a project that could be started next year, if Council were to approve releasing the Public Trust funds to acquire the property. She noted the Redevelopment Agency funds would then go back into this project, or another Trust project, if there was one. Councilmember Phillips noted Ms. Mackle had explained the funds could not be used for construction, only for acquisition. He asked, if whatever was constructed was done so using other funds, and was already in place, could SRCC MINUTES (Regular) 7/6/99 Page 15 SRCC MINUTES (Regular) 7/6/99 Page 16 the funds then be used for the acquisition of the resulting project? Ms. Mackle stated that was to have been done with Holiday Magic, noting it was already constructed, and the Agency was going to purchase that property. Ms. Mackle stated we would have to talk to the State about how they value the land, and whether they would put any value on the improvements, since their interest was the public access. Ms. Mackle stated it would also depend on what was constructed, noting if it was something that wiped out public access, and there was no access to the water, then it would not be meeting the needs of a Public Trust; therefore, the City would have to be careful as to what was constructed on the property. Mayor Boro asked what the Agency had in mind when it acquired the Wye Track? Ms. Mackle stated they had been planning on the Mahon Creek Project, which was in process, and the Shamrock Center. Mayor Boro noted this would just be a way of making it happen faster, and Ms. Mackle stated that was correct. Councilmember Heller moved and Councilmember Phillips seconded, to direct staff to prepare the necessary Resolution and related documents to authorize the City acquisition of the Mahon Creek properties from the Redevelopment Agency. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. RESOLUTION AMENDING RESOLUTION NO. 9647 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES REPRESENTED BY THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION (Two -Year MOU from July 1, 1999 through June 30, 2001) (MS) - File 7-8-2 x 9-3-31 City Manager Gould reported the President of the Firefighters' Association had brought a signed agreement for the two-year contract, noting it was consistent with the authority granted by Council in March. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10462 - RESOLUTION AMENDING RESOLUTION NO. 9647 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (Two -Year Agreement from July 1, 1999 through June 30, 2001). On behalf of the Council, Mayor Boro thanked the members of the City's staff, and the members of the various associations who participated in the personnel negotiations. He believed the goals had been achieved, both from a management point of view, as well as an employee point of view. He noted Daryl Chandler, Ken Nordhoff, and Lydia Romero had worked as the City's negotiating team, with Jim Hufford, Paul Crimmons, and Mike Seymour representing the Firefighters' Association; Brian Waterbury representing the Fire Chiefs' Association; and Harry Barbier, Greg Cella, Allen Piombo, and Gail O'Hara representing the Police Department. Mayor Boro thanked everyone for their great effort. Councilmember Heller referred to the negotiations with the MAPE employees, asking when those negotiations were expected to be completed. Assistant City Manager Ken Nordhoff stated meetings were scheduled for July 12th and 15th. Councilmember Cohen expressed his appreciation to Mr. Nordhoff and Ms. Romero, stating he was delighted the negotiations had been completed within a week of the expiration of the contracts. He thanked them for their fine work. MONTHLY REPORT: 27. CITY MANAGER'S REPORT None. COUNCIL ER REPORTS: 28. a. Congestion Management Agency (CMA) - File 170 x 9-11-4 x 116 Mayor Boro reported the CMA had announced Caltrans would review with the public their final EIR, and discuss Phase II of the reversible SRCC MINUTES (Regular) 7/6/99 Page 16 SRCC MINUTES (Regular) 7/6/99 Page 17 HOV at a meeting to be held on July 28th at the San Rafael Community Center from 5:30 PM to 8:00 PM. Mayor Boro stated he had asked them to work with Public Works Director Bernardi, to ensure there would be time for questions and interaction with the representatives from Caltrans. Mr. Bernardi stated he had spoken with the Environmental Coordinator regarding this issue, and reported he and Economic Development Director Nancy Mackle and Community Development staff would be meeting with Caltrans next week. b. RE: SALES TAX FOR TRANSPORTATION PURPOSES - File 116 x 9-4 x 170 x 191 Councilmember Cohen reported Senator Burton's Constitutional amendment on sales tax for transportation purposes continues to go forward, and basically appears in the form as discussed at the last Council meeting. Mr. Cohen stated he felt there was a good chance the final bill would allow for a 1/2 cent sales tax for twenty years, noting in Marin County's case, it would mean a new 1/2 cent sales tax for twenty years, to be spent on transportation, planning, construction, and operation, which he noted was a key point if the plans are to include rail. He explained it would require that a plan be adopted by the County; however, the latest version of the bill did not seem to require that the plan be on the ballot. He noted it appeared to suggest that a local plan could be adopted on or before, and might be something that could be adopted by the Board of Supervisors and the majority of city councils, representing a majority of the towns and cities, and a majority of the population. Mr. Cohen explained a Transportation Plan would first have to be adopted, then the sales tax would have to pass, not only by a simple Statewide majority, but also by a simple majority in Marin County. Mr. Cohen pointed out this would raise some difficulty with regard to Measure A, because it does not appear to allow for open space acquisition, noting that was an issue the County was going to have to deal with. There being no further business, the City Council meeting was adjourned at 9:45 PM. Mayor Boro announced the Redevelopment Agency would meet in a Special Study Session, and at the conclusion of that meeting, the City Council would continue to address Closed Session item lb. There being no further business, the reconvened City Council Closed Session meeting adjourned at 11:55 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1999 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/6/99 Page 17