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The City of San Bruno exists to provide exemplary services for our

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The City of San Bruno exists to provide exemplary services for our

     The City With a Heart The City With a Heart The City With a Heart

     Larry Franzella, Mayor

     Jim Ruane, Vice Mayor

     Ken Ibarra, Councilmember

     Irene O’Connell, Councilmember

     Chris Pallas, Councilmember

    MINUTES

    CITY COUNCIL REGULAR MEETING

    September 13, 2005

THIS IS TO CERTIFY THAT:

    The San Bruno City Council met in regular session on September 13, 2005 at 1555 Crystal Springs Road

    (Senior Center) and the meeting was called to order at 7:10 p.m.

    Mayor Franzella thanked the San Bruno Garden Club for providing the beautiful floral arrangement.

    1. ROLL CALL: Presiding was Mayor Franzella with Councilmembers Ruane, Pallas, Ibarra, and O’Connell in attendance. Recording by City Clerk Simon who also led the PLEDGE OF

    ALLEGIANCE.

     PRESENTATIONS:

    Proclamation was read declaring September 2005 as “National Prostate Cancer Awareness Month”.

    ANNOUNCEMENTS:

    a. Mayor Franzella announced in order to provide better service for our customers, the Community

    Development and Finance Departments would be open until 8:00 p.m. on Thursdays,

    beginning on Thursday, September 8, 2005.

    b. Mayor Franzella announced the San Bruno Redevelopment Agency meeting follows tonight’s

    City Council meeting.

2. REVIEW OF AGENDA: No changes were made.

    3. APPROVAL OF MINUTES: Regular City Council meeting minutes of August 9, 2005, was approved as submitted.

    4. CONSENT CALENDAR: All items listed are considered routine or implement an earlier Council

     action and may be enacted by one motion; there will be no separate discussion unless requested by

     Councilmember, citizen or staff.

     a. Approve: Payroll of August 12 and 26, 2005.

    b. Approve: Accounts Payable of July 18, and 25 and August 1, 2005, (Council packets only, copy

    is available for review at the City Clerk’s office).

    c. Accept: Reconciliation of General Ledger to bank reports and the Investment reports dated July

    31, 2005, by City Treasurer Karen Hornung.

    d. Adopt: Waive second reading and adopt Ordinance approving a Third Amendment to the

    Development Agreement between the City of San Bruno and Martin/Regis San Bruno Associates

    L.P. for development of the Crossing/San Bruno Project related the El Camino Real Commercial

    Project.

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    e. Accept: Resignation from Anthony Patrich member of the San Bruno Citizens Crime Prevention

    Committee due to work schedule. Direct City Clerk to post notice of vacancy.

    f. Adopt: Resolution of Intent to adopt job description and salary for Water Resources Manager

    position. Sets public hearing for September 27, 2005.

    g. Accept: Adopt resolution authorizing acceptance of the Senior Center Floor Replacement

    Project and filing of a Notice of Completion with the San Mateo County Recorder

    h. Accept: Adopt resolution authorizing acceptance of the Corporation Yard Standby Generator

    Improvements and the filing of a Notice of Completion with San Mateo County Recorder.

    i. Accept: Adopt resolution authorizing acceptance of the Well No. 18 Repair Project Phase I,

    pump/motor, inter casing removal work, and the filing of a Notice of Completion with the San

    Mateo County Recorder.

    Councilmember Ibarra pulled item 4.e from the consent calendar.

    M/S Ruane/Pallas to approve the remainder of items and passed by a unanimous vote.

    Councilmember Ibarra said he understood Mr. Patrich has a work conflict and wanted to publicly thank him for all his hard work on the committee.

M/S Ibarra/Pallas to accept item 4.e and passed by a unanimous vote.

5. PUBLIC HEARINGS: (Notices have been published, posted, and mailed.)

    a. Hold combined public hearing on the following items related to the Skycrest Project:

    (1.) Adopt Resolution of the City Council of the City of San Bruno adopting a

    Mitigated Negative Declaration and Mitigation Monitoring Program for

    development of the Skycrest Project. Introduction and roll call vote.

    (2.) Adopt Resolution of the City Council of the City of San Bruno amending the

    General Plan Land Use Element regarding development of the Skycrest Project.

    Introduction and roll call vote.

    (3.) Waive first reading and introduce Ordinance No. 1703 of the City Council of the

    City of San Bruno Amending the Zoning Map Described in San Bruno

    Municipal Code Section 12.96.010 regarding development of the Skycrest

    Project to establish a Planned Development District and adopting a Development

    Plan for the Skycrest Project. Introduction and roll call vote.

    (4.) Waive first reading and introduce Ordinance No. 1704 of the City Council of the

    City of San Bruno approving a Development Agreement between the City of

    San Bruno, Kenmark Real Estate Group and Willow Green Associates for

    development of the Skycrest Project. Introduction and roll call vote. Housing and Redevelopment Manager Sullivan gave the staff report and reviewed the details of the

    Skycrest Project. While the Planning Commission approved this project they expressed a concern that the project should address the neglected appearance of the supermarket at Glenview Drive and San Bruno Avenue. The applicant has increased the total parking spaces in the housing area from 81 to 120. The developer has agreed to make improvements to the grocery store parking lot, allocate funds to do the landscaping and upgrade or expand the existing Lunardi’s Market. City staff has met with Lunardi’s Attorney and has received a new conceptual site plan for a store expansion and parking layout. During the 2004 neighborhood meetings on this project, the neighbors major concern was that the grocery store

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    remains on site. Staff recommends the City Council approve this request subject to the list of conditions listing in the staff report exhibit “C” of the resolution establishing the Planned Development Zone.

    Vice Mayor Ruane asked if there were provisions for continuing maintenence of landscaping? The reply was, no there was not but there would be a normal maintenance of landscaping agreements signed later.

    Councilmember Ibarra said he has concerns with the amount of funds for landscaping and is this adequate funding for the median strips and is $250,000 enough to do a major remodel or expansion of Lunardi’s Market? Mr. Sullivan replied that we do not have cost estimates at this time.

    City Manager Jackson said these estimates were obtained after discussions with the developer. This was an amount that they were willing to provide. During the Tentative Map stage the Council can add conditions, which they feel, are necessary.

    Councilmember O’Connell asked if the $200,000 for landscaping would be used on site or at the City’s discretion?

    City Manager Jackson replied that the amount could be used for frontage improvements or in the median strips.

    Mayor Franzella said we are splitting this property into two parcels and the developer is selling off the site near San Bruno Avenue and how are we going to enforce the landscaping agreement. We are not talking to the buyer and the buyer does not have any authority at this time. A landscaping agreement should be made with the property owner and should go with the land. This project came to the Council for a subdivision with the understanding that the Council did not want to have a sub-standard grocery store remain after completion of the residential units. Lunardi’s does not own the property at this time.

    The City Attorney said the Development Agreement is with Kenmark and the property owner and this gives the City Council the ability to negotiate conditions of approval.

    Councilmember Pallas said storage facilities were built just west of the center because of earthquake trace faults and is this property safe for residential units? Are we responsible if there is damage from earthquakes in the future?

    Manager Sullivan replied that a geotechnical report was done and there are no trace faults on the site.

    City Attorney Thompson replied the City would not be held liable since we have conducted our due diligence and required the proper reports be prepared.

Mayor Franzella asked the developer to address the Council.

    Bruce Russell, one of the owners of Kenmark and a partner in this development said before the application was submitted there were trenches dug all the way to bedrock and there were no earthquake trace faults found. Kenmark is a regional developer and just finished 81 homes in Half Moon Bay. We are a union builder and have accepted all the conditions placed by the Planning Commission and staff. The site plan creates a stand-alone site for Lunardi’s whose lease expires in 2011. To make this a

    permanent home for them we have reconfigured the parking, lighting, and landscaping. The current owner plans on transferring ownership to Lunardi’s who plans on renovating this store. We have offered a

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    $250,000 interest free loan to help them accomplish this goal. Recently a site plan has been submitted to expand the store but details need to be worked out. Lunardi’s would proceed with their own application.

    The residential site plan calls for 27 single-family homes. There will be 4.5 parking places per unit, and a community park will be established in the rear. There is a 5-foot set back with 1 foot belonging to one owner and 4 feet to the other owner. Homes will be limited to two-story height. There will be CC&R’s

    with strict enforcement provisions. There will be a 20-foot street, 2 car garages, and 2 car driveways. This project will decrease traffic in the area. There are twelve tenants and they have been kept informed during this process.

    Councilmember Pallas asked if the construction conforms to the Americans with Disabilities Act? Mr. Russell replied yes it does.

    Vice Mayor Ruane asked what the cost per housing unit would be? Mr. Russell replied from the mid $800,000 to mid $900,000 range and will be built by all union workers.

    Councilmember Ibarra asked if there was an outreach to the retail community to see if anyone would consider moving into this site? Mr. Russell said yes; however, none of the major stores were interested in moving to a small neighborhood center.

    Councilmember Ibarra said the homes have handsome architecture, but there is not a lot of open space. Where are the kids and families going to play without large yards? Mr. Russell replied that these are small yards and small lots and compare with townhouses and condominiums. They are superior to three and four story condominiums and there will be a small park in the rear of the complex.

    Councilmember Pallas said this is a redevelopment area and how much will it cost the City to support the low-income housing? Mr. Russell replied that the cost is zero to the City and unlike most developers, he has not asked the City for any subsidies and tax increment financing.

    Councilmember O’Connell asked about the lot layouts and how the five-foot set backs work and she wants to make sure each owner will have access and no fences will be placed in this area. What will keep the neighbors from using this five-foot set back for storage? Mr. Russell said strongly worded CC&R’s

    would cover these issues.

    Councilmember O’Connell asked if the park space on the east end would be owned by the homeowners and will this area will be landscaped for the kids to have a place to run? Concerning the landscaping, do you consider xeriscaping? Mr. Russell replied that the homeowners would own the streets and park area. A grass area and picnic tables will be used. The next phase of the project will requiring submitting a landscape plan for approval.

    Mayor Franzella opened the public hearing and asked if anyone wished to make comments on this proposal?

    George Slyvestri Jr., an attorney representing Lunardi’s super market at Skycrest said he negotiated the first lease in 1981 at the request of the late Mr. Highsmith. Lunardi’s now has seven markets. All are on leased premises. There are on-going discussions to see if it would be feasible to purchase this site.

Councilmember Ibarra asked if Lunardi’s was interested in purchasing the site now? Attorney Slyvestri

    replied that this is one option and the lease does not run out until 2011.

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    Councilmember Ibarra asked if Lunardi’s has experience in developing sites? Mr. Slyvestri replied that the landlord has performed this function and operation in the past.

    Alan Lubke of Fleetwood Drive wanted to know what agency this hearing was combined with and what is the name and title of the initial presenter of the staff report? Mayor Franzella replied this was a combined hearing for the Mitigated Negative Declaration, General Plan Land Use Element, Zoning Map, and Development Agreement. The staff person was Redevelopment and Housing Manager Mark Sullivan.

    Gary Saunders Business Manager for the Plumbers and Pipe fitters Union said this is a first class builder and developer. He uses only union workers and he supports this project and encourages approval.

    William Knack of Chess Drive in Foster City is speaking on behalf of the Building Trades Council and supports Kenmark and this project. This project will generate many jobs.

    Scott Buschman of Claremont Drive said the retention of Lunardi’s is a major concern but the retention of other businesses is also important. The density and amount of parking is a concern. If you are paying $900,000 for a home what are you paying for a low-income home and will it look the same?

    Rose Urbach of Euclid Avenue asked how big are the lots? We have a system that lots must by 50 by 100 feet with 5 foot set backs. There must be space for people to get through. We have children and where are they going to play. Mayor Franzella replied the lots are 2800 square feet (40 by 70). Councilmember Ibarra said there is a difference between R-1 and Planned Development guidelines.

M/S Ruane/Ibarra to close the Public Hearing and passed by a unanimous vote.

    Councilmember Ibarra asked what is the next step? Is the Planning Commission finished with the setbacks and architectural reviews? City Manager Jackson replied the next step is the Planned Development Permit Hearing.

    Councilmember Ibarra asked if the Planning Commission can increase the size of the back yards and when are the CC&R’s are completed and what responsibility does the City have to enforce them? City Manager Jackson said the Planning Commission could make a change in the size of the backyards. The Planned Development approval includes a condition that the CC&R’s are acceptable to the Planning Commission. The City will be concerned that the CC&R’s are strong enough to be addressed by the Homeowners Association. City Attorney Thompson said the CC&R’s is also a condition of the Development Agreement and the Homeowners Association is responsible for maintaining these areas.

Councilmember Ibarra said absent the remodeling of Lunardi’s, when the two properties are separated,

    landscaping should be required at that time. City Manager Jackson said the amount of funding in the Development Agreement is not adequate to complete frontage improvements. This amount was only to jump start the improvements to the Lunardi’s site.

    City Attorney Thompson said the City can impose conditions and Council authority is greater during the General Plan Amendment and Rezoning. When the two parcels are split, conditions can only be imposed on the piece before the Council at that time. The Tentative Map relates to the whole parcel and the Council must find that there is an impact on both parcels to require more landscaping. The Development Agreement is a negotiated deal and the Council has the authority to impose any conditions the developer

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    may agree to. The Council does not need to go forward with approvals at this time if they are not satisfied with the project as proposed.

Councilmember Ibarra said he doesn’t want to kill the project over the landscaping requirements.

    Councilmember Pallas said we do need housing but these are not cheap prices. The Carl Sandburg land just sold for twice the expected value for new housing and we are completing new apartments at the Crossing Development. We will need additional water for these housing units and will the developer be able to help us with an additional well?

    Mayor Franzella said this project has been pending for three years and the developer is offering a product that is needed at this time. As a professional who sells homes, I can say that this type of low maintenance single-family homes on small lots is in demand. He is very happy that Lunardi’s is thinking of staying in San Bruno. It is important to have median strips landscaped in this area of redevelopment. Conceptually he can support this project.

    Vice Mayor Ruane commended staff and the developer. This is a quality project and it is important that this will be union construction. Lunardi’s market has taken a first step and he feels they will fair very well with support from the community. He hopes this feeds into a good development across the street were the vacant gas station has stood for years and years.

    Vice Mayor Ruane introduced the resolution adopting a mitigated Negative Declaration and Mitigation Monitoring Program with a roll call vote of all ayes.

    Vice Mayor Ruane introduced the resolution amending the General Plan Land Use Element with a roll call vote of all ayes.

    M/S Ruane/Pallas to waive the first reading of Ordinance No. 1703 passed with a unanimous vote.

    Vice Mayor Ruane introduced Ordinance No. 1703 amending the Zoning Map for adoption with a roll call vote of all ayes.

    M/S Ruane/Pallas to waive the first reading of Ordinance No. 1704 passed with a unanimous vote.

Vice Mayor Ruane introduced Ordinance No. 1704 approving a Development Agreement, which

    includes an amended “Exhibit C”, attached which amends conditions as it relates to the parking lot improvements on the Lunardi’s parcel.

    Councilmember O’Connell asked for a clarification as to where these improvements would take place. Lunardi’s has the option to wait until 2011 and if they choose not to purchase and let the land sit there needing a face-lift and landscaping, how can we control this?

    City Attorney Thompson said you have the most authority now to require conditions but the developer would have to agree to it, and you have a second chance at the Tentative Map hearing to impose conditions.

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    Councilmember Ibarra said the $200,000 is there now and later on, staff can negotiate with the developer for a landscaping agreement. When Lunardi’s does their improvement it must include a new landscape plan. City Attorney Thompson said a landscape plan is required at the Tentative Map hearing.

    Mayor Franzella said the City as a mitigation measure, not the developer, controls these funds and they should be used for improvement in the entire area such as median strips.

Councilmember O’Connell requested the minutes show her comments on this matter.

    Mayor Franzella called for a roll call vote since the Ordinance had already been introduced. Passed by a roll call vote of all ayes.

At 9:00 p.m. Mayor Franzella called for a 5-minute recess to allow CATV to change the tape.

    At 9:10 p.m. Mayor Franzella reconvened the City Council meeting.

    b. Hold Public Hearing, waive first reading, and introduce Loft Floor Ordinance No. 1705,

    which amends chapter 12.80 of the San Bruno Zoning Ordinance to define the term “Loft

    Floor” and to create a reference to the Uniform Building Code for any, undefined terms

    within the San Bruno Zoning Ordinance. Introduction and roll call vote.

    Senior Planner Aknin gave the staff report and defined a loft floor. Lofts would be restricted in all R-1 and R-2 zoned areas of the City.

    Vice Mayor Ruane said he would like to see the area where lofts are allowed expanded to include mixed uses such as those on San Mateo Avenue.

    Mayor Franzella asked if that meant the Central Business District, which includes the 4, 5, and 6 hundred blocks of San Mateo Avenue and the reply was yes.

Councilmember Ibarra asked why limit to Downtown?

    Vice Mayor Ruane said this request started with the former Wells Fargo Bank site on San Mateo Avenue.

Councilmember Ibarra said why distinguishes between multi-family and single family?

    Senior Planner Aknin replied that San Bruno Ordinance 1284 has restrictions that a use permit be required for 3 stories and lofts are a story in the R-1 and R-2 zones.

Mayor Franzella opened the Public Hearing and requested comments from the public.

    Stephen Pieraldi of San Lucia Avenue said he would encourage approval of this ordinance and to help future developments the City should include El Camino Real also.

    Scott Buschman of Claremont Drive asked if a parking level would be considered the first story if a loft was allowed. Senior Planner Aknin replied that the Uniformed Building Code states that if the parking structure were more than ? underground it is a basement and if it is ? above ground it is a story.

M/S Ibarra/Pallas to close the Public Hearing and passed by unanimous vote.

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    Councilmember Pallas asked about considering the recommendation from the public that we allow loft floors on El Camino Real.

    Mayor Franzella said we could not use just El Camino Real but any area with a commercial zone. Senior Planner Aknin said staff does not have a problem with use in a commercial zone but it must be used in conjunction with a multi-family or mixed-use project.

    Councilmember Ibarra introduced the Loft Ordinance for adoption with the change that lofts are allowed in commercial areas in conjunction with a multi-family or mixed-use project with a roll call vote of all ayes.

    Mayor Franzella announced that the City’s new Community Development Director Tambri Hayden would be introduced at the next City Council meeting. He publicly thanked Interim Community Development Director Terry Jackson a great job and the extra work she has done to keep this department running smoothly while still maintaining her responsibilities as the Director of Library Services.

6. UNFINISHED BUSINESS: None

7. CALL FOR, PRESENTATION OF BIDS, and AWARD OF CONTRACT:

    a. Adopt resolution authorizing the City Manager to execute contract amendment with Kennedy

    Jenks for additional design services for revisions to the design of the Kains to Angus Relief Sewer

    Project and coordination with the Caltrain Grade Separation Project for an additional amount of

    $54,279 and a total contract amount of $231,979.

    Public Works Director Munns gave the staff report.

Vice Mayor Ruane introduced the resolution for adoption with a roll call vote of all ayes.

    b. Adopt resolution authorizing the City Manager to execute a contract with Cannon Design Group in

    the Amount of $50,000 for preparation of Downtown Design Guidelines and ongoing

    architectural peer review services.

    Housing and Redevelopment Manager Sullivan gave the staff report. The 1987 guidelines are outdated and staff is recommending a review at this time since there is an interest by the development community to replace older structures with larger and mixed-use buildings.

Councilmember Ibarra said the Design Guidelines are a long time coming. A Council Ad Hoc

    Committee worked with the merchants during the downtown improvements and will we be using this Ad Hoc Committee again to review the Downtown Design Guidelines?

    Mayor Franzella said we should appoint a Downtown Design Guideline Council Ad Hoc Committee with representation (five or six people) from the downtown merchants and this can be done at the next Council meeting.

    Councilmember Ibarra introduced the resolution for adoption with a roll call vote of all ayes.

    c. Adopt resolution authorizing the City Manager to execute contract with DataProse, in the amount

    of $49,755 to print and mail the City’s utility and business license tax bills.

    Vice Mayor Ruane introduced the resolution for adoption with a roll call vote of all ayes.

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    8. COMMUNICATIONS:

     th Mayor Franzella read a letter from Mr. Riechel of 7 Avenue and 13 of his neighbors thanking the

    City Council for supporting their request to have Cupid Row Canal be returned to its original water carrying capacity and be maintained.

     Councilmember Pallas received an email from James Patrick Kenyon of Summit Road in San Bruno

    claiming the entire street parking on Summit Road, Susan Drive, and Elston Drive has been taken away due to residents of the Evergreen Apartments not having adequate parking on site. The letter was giving to staff for investigation. He also noted that Senator Speier's bill on dangerous dogs was sent to Gov. Arnold Schwarzenegger. It would require all Pit Bull dogs to be spayed or neutered.

9. STAFF REPORTS:

     Public Works Director Munns presents oral update to the City Council regarding the Caltrain Grade

    Separation and Station Design Project.

    Public Works Director Munns gave the report, which had been previously given to the Citizens Advisory Committee members. The detailed plan was reviewed with slides of which a copy is located in the Clerk’s office.

Councilmember Pallas said we are the “City with a Heart”, we should prove it and recommend this

    project be delayed and 100 million dollars be given to the City of New Orleans to help it rebuild its transportation system. We will still have enough funds to hire crossing guards to protect the pedestrians and will save money.

Councilmember O’Connell asked about the bus stop located on San Bruno Avenue North of the

    proposed Caltrain Station. Will there be buses, which go into the station? Director Munns said the main buses would not pick up or drop off at the station but on San Bruno Avenue.

    Councilmember O’Connell said this seems like too much to have citizens cross San Bruno Avenue and San Mateo Avenue. Director Munns said it was suggested that the bus stop at the station but with the bus sitting too long it might back up traffic.

    Councilmember O’Connell said she supports mass transit but this plan seems counter productive and a letter needs to be sent to the Joint Powers Board expressing this concern. Smaller buses could be used to go into the station and parking lots.

    Councilmember Ibarra said there was much discussion concerning the bus stops but it is the best as far as safety and circulation.

    Mayor Franzella said representatives from Caltrain were in the audience and have noted your concerns regarding the placement of bus stops too far from the station.

10. REPORT OF CITY ATTORNEY - RESOLUTIONS & ORDINANCES:

     Received report and provide direction to staff regarding preparation of a Wireless

    Telecommunication Towers & Facilities Ordinance.

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    City Attorney Thompson said the City has received several applications for wireless sites and does not currently have an ordinance in place regulating such use. Staff is seeking the Council’s guidance in preparing such an ordinance. It will take 4 to 6 weeks to bring back the ordinance for Council’s approval.

    Senior Planner Aknin reviewed the type of structures; levels of review needed, locations for placement, design requirements, and operation and maintenance standards.

    Councilmember Pallas said there was concern about the noise from generators and this should be taken into consideration.

    Councilmember Ibarra said he has a preference for commercial locations but do we have the ability to restrict from residential areas or so many feet from a home?

    City Attorney Thompson replied that the City can set preferences but cannot be absolute. Federal Law allows the carriers to “fill gaps in coverage”.

    Mayor Franzella thanked the staff and said he looks forward to see the draft ordinance soon.

11. PUBLIC COMMENT ON ITEMS NOT ON AGENDA:

    Rose Urbach of Euclid Avenue said San Bruno doesn’t want palm trees but now they are being placed at the former Navy Site. People are building fences 6 feet high in their front yards and this is not allowed. A neighbor has added a door facing another street and is renting as another unit and this is an R-1 zone.

    Alan Lubke of Fleetwood Drive asked, aren’t we proud of our motto and our City? Why do we allow a sign to be placed on San Bruno Avenue on the wrong side of the railroad tracks so our BART station cannot be found? This is an OBSCENITY.

12. REPORT OF COMMISSIONS, BOARDS, & COMMITTEES:

    a. Traffic Safety and Parking Committee recommends the Council adopt resolution authorizing

    installation of red curb no parking zones adjacent to 171 Darby Place and 152 Oxford Lane.

    Nell Lions of Oxford Lane was under the impression that perpendicular parking would be allowed. Many units have one parking space and there are two or three vehicles per unit. The red curb on Oxford should be marked parallel parking not a red zone.

    Dave Johnson of Oxford Lane has lived there for 36 years and there is extremely limited parking. The twenty foot red zone would lose 3 spaces and there will be more problems. Please do not create another red zone.

Deputy Director/Traffic Engineer Buck said the Traffic Safety and Parking Committee received a

    request from the Skyline Homeowners Association stating emergency vehicles did not have access due to parking in those areas recommended for the red zones. The vehicles parking perpendicular stick out into the street. The Homeowners Association was urged to come back to the City with a re-stripping plan.

    Mayor Franzella said the City is not requiring the elimination of the perpendicular parking.

    Stephen Pieraldi member of the Traffic Safety and Parking Committee said they had reviewed the request of the Homeowners Association. When someone parks in certain places tenants cannot exit their

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