To all the folks who helped with the Neighborhood Association ice cream social,

Here’s a big thank you and a “Well Done” to each of you who volunteered to contribute to the success of our “social.”.  Special thanks go to the folks who worked the entire time: Noemie von Kaenel and Lauren Ferrell, 2^nd year students at DU, who helped with the setup and then assisted Jeff Cardneau at the serving table until the closing time; and Sara Sonnet and daughter Isabel for once again being the tried and true mainstays at our face-painting table, creating marvelous art on the children’s faces. And Doug Lee for always looking for things that needed doing.

Our best count is approximately 125 attendees with some 40+ being students and staff of Dominican University plus parents of arriving students.  Thanks to San Rafael Police Chief Bishop and Fire Chief Gray, the police were in attendance until called away on patrol as was the fire engine and crew until called away.

So, to everyone who helped on our “social,” we want you to know how much we, the Board, appreciate your support.

Board members Jay Hubert, Marty Wickenheiser, Robert Levine, Jeff Cardneau, Bonnie Marks and Edie Dagley

And I would like to again express my great appreciation to the Ice Cream Social Committee—Board members Jay, Jeff, Joan, Bob, and Marty– who made all this happen so well and who always stepped up to do far more than what was required.  We have a wonderful team of folks on our Board.

Jack Nixon,

Pres. DBCNA

The Dominican Neighborhood Summer Scoop was a resounding success with over 10 gallons and about 186 scoops of ice cream served. While mint chip was the most popular ice cream, the root beer floats proved to be a big hit. The event was chaired by Dominican Black Canyon Neighborhood Association Board member Arline Van Gessel. Lots of details, well managed, led to a successful afternoon for all. A selection of photos below, but there are more on our Facebook page!

The ice cream, supplied by Silbermanns in Northgate arrived at Meadlowlands lawn at -10 degrees, which provided a challenge early on for our master scoopers, Gina and Paul Podwojksi and Zohraa Rehman. Kudos to the team for their two hours of scooping! And congratulations to the six raffle winners of $10 gift certificates to Silbermanns.

Face painting specialists Debbie Ward, Sara Sonnet and her two daughters, Penelope and Isabelle all contributed to one of the most popular events at the Scoop.

Dennis deMille, Vice President of the Board managed the amazing Hurricane bubble machines and the fantastic 50s music! Jack Nixon, Board President and fellow Board member John Matulich manned the membership table to welcome and encourage neighbors to join the neighborhood association.

We had the pleasure of a visit from San Rafael Police Department Corporal Ronda Reese and our newest SRPD Officer, Sandra Felix. Officer Christian Diaz, of the K9 unit brought Faro with him, who was a big hit with both neighbors and the kids.

Also attending were Vice Mayor Kate Colin, City Council members Andrew McCullough and Maribeth Bushey. Supervisor Damon Connolly rode his bike from Terra Linda to get something cold to drink! Hanna Rodriguez-Farrar (far left in photo below) from Dominican University joined us and we thank her and the University for their generous offering of this fantastic venue.

Neighbors just had a good time talking and eating!

Thank you all for coming!

In response to a neighbor request, the Downtown Streets Team came over and cleaned the overpass/bike path students walk every day.

And a shout out to the Department of Public Works, who cleared the fenced area across from Coleman Elementary School. The homeless used to break into this fenced area and camp. After repairing the fence about three times, Kate Colin, Vice Mayor of San Rafael, got Cal Trans (their property) and DPW on board to erect a taller, stronger fence and clear the area of shrubs and weeds to make it less desirable. That worked! Now it is all cleared!

Thank you Downtown Streets Team!!

You should be receiving your Traffic newsletter over the next week. If you did not receive a newsletter by Sunday October 5, send us an email and we’ll get one to you. You can also download a pdf of the newsletter here.

When a speeding car killed a resident’s cat on Dominican Drive, it led a group of concerned neighbors to form a Traffic Committee to discuss the issues. Our goal is to raise awareness about our driving habits, consciously slow down and stop at stop signs. This is something that we, as a community, can change if we want. Please participate by putting a sticker on your car window and a lawn sign in your yard. If you need a sticker for a second car or are willing to put up a sign, send an email to info@dominicanareanews.com.

Traffic Committee Issues

Here is an overview of the issues identified by the traffic committee:

• Excessive speeding on Dominican Dr., Mountain View Ave, Grand Ave, Belle Ave., Villa Ave., Rafael Dr. and Locust Ave.
• People run stop signs at Sienna at Mt. View, Mt. View at Grand, Grand at Villa, Irwin and Belle.
• It is dangerous walking down Mountain View because there are no sidewalks on the last few blocks near Grand Avenue. This is a big and dangerous problem for children walking or biking to school, and for famlies with children in strollers.
• Speeding on Belle Ave near Coleman after dropping kids off in morning or before picking them up.
• Parking in neighborhood without respect for blocking driveways while picking up kids at Coleman.
• Driving around pedestrians in crosswalks.
• Service vehicles speeding (FedEx, gardeners, etc.)

The committee also brainstormed some solutions/requests for change. An abbreviated list is below:

• Extend the red curb on Dominican Drive at the first curve above Sienna, to prevent cars from parking where they block views of oncoming traffic
• Install speed bumps on Mt. View
• Add signage on road to reduce speeding
• Add painted “ladders” to crosswalks
• Install stop sign at Linden Lane/Mt. View
• Make Grand Ave/Villa Ave a three-way stop sign
• Develop a community outreach plan to get neighbors to comply with traffic code
• Communicate to Coleman parents via the school’s weekly email to remind them of safety issues and neighborhood parking/speeding etiquette
• Remind people of 25 mph speed limit
• Ask Dominican University to participate in our program and communicate traffic laws to students

Traffic Meeting #2

Nader Mansourian, Director of Public Works for the City of San Rafael, attended our second traffic meeting and talked about the process for new signage, and the extensive rules and regulations required to governing the approval of new signs. Nader explained that he comes out to Dominican every few years to respond to the same series of complaints. He researched the accident reports for our area and our neighborhood has few vehicle impacts on record.

The City of San Rafael has monitored speeds on Mt. View a number of times since 2000. The average speed has risen from 32 mph to 34 mph, in a 24 mph zone.

Signage: Many traffic studies have shown that adding more frequent 25 mph speed limit signs is not effective in slowing traffic or changing people’s behavior. People simply stop seeing them.

Speed Humps: The City of San Rafael no longer installs speed bumps as they significantly slow down response time for emergency vehicles (ambulances have to come nearly to a complete stop at each hump), but they also do not slow traffic. Traffic studies show that once over a bump, people tend to accelerate even more due to the annoyance.

Stop sign at Villa: California Vehicle Code would not allow a southbound stop sign on Grand Avenue at Villa for several reasons. Among them, the traffic on the two streets is not nearly equal, a requirement for a three-way or four-way stop. For another, the hill just north of that intersection would hide any sign from traffic driving south, until the cars are suddenly upon it and unable to stop fast enough.  Additionally, having the sign would give cars entering from Villa an inappropriate sense of security, when they expect southbound cars to stop.

We are pursuing discussions with him about other possible signage that might slow traffic. We will keep you updated on the process.

Current Program

In an effort to increase awareness, we have distributed 1000 traffic newsletters and window stickers to the neighborhood. We have lawn signs that will be placed in yards and moved from house to house every few weeks to increase visibility. Dominican University is distributing over 425 window stickers to students with parking permits and employees., in addition to University-specific lawn signs that will be posted on campus.

The vote on SMART quiet zone horns will be held in December. Read more at www.WeAreSanRafael.com.

At the end of 2016, SMART will be rolling down the tracks. Trains will be passing all grade crossings in San Rafael from 5:30am to 8pm weekdays and also on a weekend schedule. This four times an hour for 14 hours a day. The HORNS MUST SOUND at 96-110 decibels (very loud) approximately ¼ mile before every grade crossing. Hundreds of homes and apartments will experience significant noise impact. Quality of life for many residents living close to the SMART train corridor will be diminished. The City of Richmond has the largest network of quiet zones in the state for 10 years with no problems. We can do this too.

The City of San Rafael is in the process of considering a Quiet Zone for San Rafael. If a Quiet Zone is introduced with adequate safe guards and safety measures (SSMs), residents will not be subjected to train horns at grade crossings. This will make a huge difference. Please note that design and construction is already planned and budgeted to make ALL crossings Quiet Zone-compliant. All that needs to happen is for the City Council to vote their intention to have quiet zones.

Public Comment Meetings

The City of San Rafael will conduct the last of three meetings on September 29, 2014 – 7-9pm, Terra Linda Community Center. Please attend and voice your opinion on this subject.

What happens if there is no Quiet Zone?

Train operators are required by law to begin sounding their horn 15–20 seconds before entering a public road or pedestrian‐rail grade crossings and no more than one‐quarter of a mile in advance.

• They are required to sound Two Long Blasts, One Short Blast and One Long Blast
• Because of the close proximity of crossings in San Rafael it will result in the train horn sounding continuously.
• Experts estimate that 90 percent of train noise comes from blowing the train horn at the mandated 96 to 110 decibels.
• SMART, in their 2006 EIR, reported that at least 280 homes and apartment buildings in San Rafael would experience severe noise impact and 540 homes and apartments would experience significant noise impact. Many residents believe their reporting number is low.
• A railroad engineer always retains the right to use the horn if there is any potential danger on the track (a car or pedestrian encroaching on the track, for example).

Map of Train Crossings in San Rafael

To see all planned Quiet Zone-compliant crossings on the SMART train line, download the Quiet Zone Safety Measures pdf published by SMART.

Overview of Quiet Zones

SMART released this document in 2012 which includes information about what Quiet Zones are, what types of crossings are compliant. Bottom line is that if there are no train horns, it needs to be apparent that a train is coming through closed gates that are not passable. Click to view the Establishing Quiet Zones in the SMART corridor pdf from SMART.

The Process

Source: SMART Quiet Zones Whitepaper #15, July 2008

Only local public authorities with control over streets and roads (such as cities or counties) may establish quiet zones. The establishment of a quiet zone does not require the submission of an application to the FRA and thus there is no need for a local jurisdiction to wait to see if its quiet zone has been “accepted.

The process begins when a local jurisdiction, such as the City of San Rafael,  files a Notice of Intent to establish a quiet zone to the California Public Utilities Commission, Caltrans and applicable railroads (in this case SMART and the NCRA). While the Federal Railroad Administration (FRA) is not required to be part of the notice of intent process, it is prudent to keep them involved in the process.

The issuance of this notice is typically preceded by a formal diagnostic review of crossings in the proposed quiet zone. The PUC, railroads and Caltrans must be invited to the diagnostic review. This diagnostic review is necessary to determine treatments for pedestrian crossings and private crossings that involve public access, industrial activity or commercial activity. The review is also intended to assist the local public authority in devising the best plan for quiet zone implementation. (Note: According to Ken Chiang at the CPUC this had been conducted but SMART has not yet submitted its official requests).

Once any necessary supplemental safety measures have been installed, and the CPUC has verified Quiet Zone Calculator data, the local public authority issues a Notice of Establishment. The Notice of Establishment is sent to the FRA, all applicable railroads, Caltrans, any local governments affected and any private property owners affected by private crossings. Railroads must cease blowing the train horns after the 21-day waiting period. (Note: Ken Chiang at the CPUC is of the opinion that local jurisdictions should consider waiting 6 months to one year after SMART service initiates to consider implementing quiet zones.

In the case of the SMART corridor, quiet zones could be established and improvements incorporated into SMART’s construction prior to service startup.

Public Utilities Commission Recommendation

The PUC has the right to make a recommendation on quiet zone implementation in San Rafael. The word is that they are going to suggest a 6 month-1 year use of horns to ensure people KNOW a train is in town…before implementing a quiet zone. This approach is counter-productive. If people get used to hearing horns, and then the horns are gone, people who relied on the horns will be at increased risk.

Liability and Insurance

Some cities have wondered if quiet zones will increase their liability:

• According to the FRA’s Staff Director of the Highway Rail Crossing and Trespasser Division, the failure of a train to sound its horn should not be a cause of action against a local jurisdiction that implemented the quiet zone.
• The same official has publicly stated that if a suit is ever brought against a local jurisdiction for preventing horns at a crossing, the FRA would likely file an amicus brief on behalf of the locality.
• The FRA does not want local jurisdictions to be punished for creating quiet zones, since adherence to FRA requirements should translate to an overall reduction in safety risks.
• Unlike some older quiet zones established with whistle bans before the 2005 Train Horn Rule, new quiet zones can only have been implemented if overall safety risks were reduced to the a level at or below that with trains sounding their horns; or if risk were negligible with or without the horn.
• Ultimately courts determine liability and culpability based on the particular circumstances of individual cases.
• At present, however, no local jurisdiction has been sued for removing train horns in the three years since the 2005 Train Horn Rule was established. (as of 2008) Source: SMART Quiet Zones Whitepaper #15, July 2008
• Some cities believed their insurance provider covered quiet zones and discovered that they were in fact excluded meaning the city would not be insured if someone sued over injury or death at one of the crossings. Source: City of San Juan Capistrano

Indemnification

The Mayor is concerned about indemnification. What have other cities done and what is SMART’s position?

• Some cities indemnified the Railway authority for liability arising from the design, construction and maintenance of the crossings and discovered that their insurance did not cover this liability without a substantial additional payment for indemnity obligation insurance. Source: City of San Juan Capistrano
• SMART has gone on record to state that jurisdictions that desire to establish a Quiet Zone will need to enter into a construction and maintenance agreement with SMART to address responsibilities for the improvements within the Quiet Zone and includes SMART’s standard indemnification provision. Source: SMART Establishing Quiet Zones in the SMART Corridor August 2012
• SMART in an email exchange with Ken Dickinson August 4, 2014 has gone on record as saying that “SMART’s standard indemnification regarding quiet zones will be developed and tailored for each of the jurisdictions as required.” But no actual standard has been forthcoming from them at this time.
• The FRA has noted that states have the power to exempt local communities from lawsuits through the application of sovereign immunity (and some states have chosen to do that). Source: CRS Report for Congress – The Federal Railroad Administration’s Train Horn Rule, April 20, 2007.
• In an agreement between the Wyoming Department of Transportation and the City of Gillette for the construction of a Quiet Zone they dealt with the issues of Sovereign Immunity and Indemnity as follows: The State of Wyoming and the WYDOT did not waive sovereign immunity by entering into their agreement and the City did not waive governmental immunity. They retained all immunities and defenses available to them as sovereigns or governmental entities. In addition each party to the agreement assumed the risk of any liability arising from its own conduct.  Neither party agreed to insure, defend or indemnify the other.  Source: Cooperative Agreement Between the Wyoming Department of Transportation and the City of Gillette, June 30, 2014

Fire Safety Vegetation Management…Goat Style

Read an update to the goat progress here.

The San Rafael Fire Department has hired a herd of goats to clear the vegetation in the Canalways area near Target/Home Depot. Over 300 goats arrived on Tuesday, July 22 at the test plot and we will track their progress over the next couple of days. Goats R US, the owners, will remain on the property for herding and safety. If the pilot project proves successful, we are looking at other sites for the goats.

The Fire Department recently received permission by the Canalways property owners to initiate an important fire safety related public/private partnership involving vegetation management with the use of goats. This pilot project has two phases and involves a total of 25 acres of overgrown land. As we all know, this area has a complex history and has been problematic for the city and public safety personnel.

Goats are extremely effective in this type of terrain and fuel (food) mix where they will conduct targeted grazing to reduce the significant fire hazard present on the western edge of the Canalways property. One of several residual benefits of the pilot project in addition to firefighter and community safety will be the reduction in mass of the tall, dense invasive plants that have been used for unlawful camping. Such activity is dangerous and has been the source of multiple fires in the area. We also received approval from the property owner to post formidable “No Trespassing” signs around the perimeter of the property. This action will improve notification, enforcement and community safety.

Check out more photos at http://www.srphoto50.com/Albums/2014/2014-07-22%20-%20Goats%20to%20Canalways/album/index.html

Bringing in the goats is part of the City of San Rafael vegetation management plan. Read more about Fire Chief Christopher Gray’s comments at the quarterly community update meeting at www.dominicanareanews.com/2014/07/quarterly-update-on-homeless-action-plan/