HomeMy WebLinkAboutCC Minutes 2000-06-19SRCC MINUTES (RP, iar) 6/19/2000 Page 1
IN THE COUNCIL CHAMBER OF THE CT,TY OF SAN RAFAEL, MONDAY, JUNr_ L9, 2000 AT 8:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary 0. Phillips, Councilmember
Absent: None
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM
None.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:01 PM
RE: LITTERING ON FOURTH STREET - File 100 x 13-9
Melanie Kramer, resident of San Rafael, reported people continually use the tree planters
on Fourth Street as ashtrays, and she often sees City maintenance workers cleaning
cigarettes out of the planters. She did not believe the City should be paying its
maintenance workers to clean-up after these people, suggesting that some branch of law
enforcement be empowered and given enough support to issue citations for littering, with
the citations resulting in either fines, or fines plus community service.
RE: NUISANCE AT CLASSIC BILLIARDS - File 100 x 13-9
Melanie Kramer complained of the people who inhabit the parking lots around Classic
Billiards on Fourth Street. She reported this establishment was out of control, with the
parking lot occupied by kids who act like juvenile delinquents, drinking, smoking, and
swearing at people who walk by. Mayor Boro asked City Manager Gould to direct Code
Enforcement staff to look at what is going on at Classic Billiards, and report back to Ms.
Kramer and to the Council.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the following
Consent Calendar items:
ITEM RECOMMENDED ACTION
1. Approval of Minutes of Regular and Special Joint Minutes approved as
Meetings of Monday, June 5, 2000 (CC) submitted.
2. Reappointment of Robert "Bob" Huntsberry, Architect, Approved staff recommendation:
to the Design Review Board for a Four -Year Term - Council reappointed Robert
Term to Expire End of June, 2004 (CC) "Bob' Huntsberry, Architect,
- File 9-2-39 to the Design Review Board for
a Four -Year Term - term to
expire end of June, 2004.
3. Request for Amicus Participation: (CA) Approved amicus participation.
- File 9-3-16
County of Sonoma, et al. v. California
Deaartment of Finance, et al.
(Court of Appeal, First Appellate District,
Division 1, Case Civ A089524)
4. Summary of Legislation Affecting San Rafael (CM)
- File 116
5. Resolutions of Appreciation Re: Del Ganado
Gateway Beautification Project: (CM)
- File 102 x 137
a. Resolution of Appreciation to Pete Martin,
President of the Santa Margarita
Neighborhood Association
b. Resolution of Appreciation to Mike McGuire
Approved staff recommendation:
AB 1855 (Lowenthal),
Redevelopment: SUPPORT; AB
2508 (Washington), Emergency
Medical Services. Advanced
Life Support Services: OPPOSE;
SB 2184 (Soto), Special
Events. Emergency Medical
Services: SUPPORT.
a. RESOLUTION NO. 10642 -
RESOLUTION OF APPRECIATION TO
PETE MARTIN, PRESIDENT OF THE
SANTA MARGARITA NEIGHBORHOOD
ASSOCIATION, FOR THE DEL
GANADO GATEWAY BEAUTIFICATION
PROJECT.
b. RESOLUTION NO. 10643 -
RESOLUTION OF APPRECIATION TO
MIKE McGUIRE, PROJECT MANAGER
FOR THE DEL GANADO GATEWAY
BEAUTIFICATION PROJECT.
SRCC MINUTES (Regular) 6/19/2000 Page 1
SRCC MINUTES (Rer—lar) 6/19/2000 Page 2
6.
Resolution Approving Below Market Rate Rental
RESOLUTION NO. 10644 -
Agreement for The Lofts at Albert Park (CD)
RESOLUTION AUTHORIZING THE
- File 229 x 13-16
SIGNING OF A BELOW MARKET RATE
RENTAL HOUSING AGREEMENT
BETWEEN ALBERT LOFTS, LLC AND
THE CITY OF SAN RAFAEL RE: THE
LOFTS AT ALBERT PARK, 931
SECOND STREET, AP 013-012-23.
7.
Resolution to Approve Memorandum of Understanding
RESOLUTION NO. 10645 -
Creating the North Bay Watershed Association (PW)
RESOLUTION AUTHORIZING
- File 4-10-315 x 4-4-6b x 151
EXECUTION OF A MEMORANDUM OF
UNDERSTANDING APPROVING
MEMBERSHIP BY THE CITY OF SAN
RAFAEL AND THE NORTH BAY
WATERSHED ASSOCIATION TO WORK
COOPERATIVELY ON WATERSHED
ISSUES AFFECTING THE
ECOLOGICAL VITALITY OF THE SAN
PABLO BAY WATERSHED, AND
DESIGNATING REPRESENTATIVES TO
THE ASSOCIATION BOARD.
8.
Resolution of Appreciation to Don Vaughn, Street
RESOLUTION NO. 10646 -
Maintenance Supervisor, Retiring After 31 Years
RESOLUTION OF APPRECIATION TO
(PW) - File 102 x 9-3-41
DON VAUGHN, STREET MAINTENANCE
SUPERVISOR, RETIRING AFTER 31
YEARS OF SERVICE.
9.
Resolution Renewing Agreement for Security
RESOLUTION NO. 10647 -
Services with Bright Star Security, Inc.,
RESOLUTION AUTHORIZING THE
for Third and "A" Street Parking Structure
MAYOR TO EXTEND THE EXISTING
(Current Agreement Through June 30, 2000)
AGREEMENT FOR SECURITY
(RA) - File 4-3-282 x 2-1-20
SERVICES AT THE THIRD AND "A"
STREET PARKING STRUCTURE WITH
BRIGHT STAR SECURITY, INC. FOR
AN AMOUNT NOT TO EXCEED
$39,150 (Through June 30,
2001).
10.
Resolution Authorizing Temporary Closure of
RESOLUTION NO. 10648 -
Downtown City Streets from 7:00 AM to 4:30 PM
RESOLUTION AUTHORIZING THE
in Connection with the San Rafael Cycling Classic
TEMPORARY CLOSURE OF CITY
on Sunday, July 19, 2000 (RA)
STREETS FOR THE SAN RAFAEL
- File 11-19 x 119.1
CYCLING CLASSIC (On Sunday,
July 9, 2000 from 7:00 AM to
4:30 PM, Fourth Street from
Lootens to "E" Street; Fifth
Avenue from Court to "E"
Street; "A' Street from the
parking entrance to Fifth
Avenue; 'B" Street from Third
Street to Mission Avenue; 'C"
Street from Third Street to
Mission Avenue; and "D' Street
from Third Street to Fifth
Avenue).
11.
Resolution Authorizing Temporary Closure of City
RESOLUTION NO. 10649 -
Streets, Street Cleaning, and Police Costs for the
RESOLUTION AUTHORIZING THE
Canal Community Alliance Festival on Sunday,
TEMPORARY CLOSURE OF CITY
July 23, 2000 (RA) - File 11-19 x 11-6-1 x 11-22
STREETS FOR THE CANAL
COMMUNITY ALLIANCE FESTIVAL
(Alto Street from Belvedere to
Larkspur from 5:00 PM on
Saturday, July 22, 2000 until
11:30 PM on Sunday, July 23,
2000; and Belvedere and
Tiburon Streets from 4:00 AM
until 11:30 PM on Sunday. July
23, 2000).
AYES: COUNCILMEMBERS: Cohen, Heller, Miller,
Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Cohen (from minutes of
June 5, 2000 only, due to
absence from meetings).
SRCC MINUTES (Regular) 6/19/2000 Page 2
SRCC MINUTES (Re -filar) 6/19/2000 Page 3
SPECIAL PRESENTATIONS:
12. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO PETE MARTIN AND MIKE McGUIRE RE: DEL
GANADO GATEWAY BEAUTIFICATION PROJECT (CM) - File 102 x 137
Mayor Boro introduced Pete Martin, President of the Santa Margarita Neighborhood
Association and Mike McGuire, Project Manager for the Del Ganado Gateway
Beautification Project, stating they had worked with the City to create the Del
Ganado Gateway Beautification Project, a little bit of paradise in the neighborhood
in which they live in Terra Linda. He explained they had worked with the Santa
Margarita Neighborhood Association and found a way the City and the community could
work together, particularly with the Public Works Department. Mayor Boro stated
this was a project everyone was very proud of, and he felt the interest the Santa
Margarita Neighborhood Association had brought forth, and the work they have done,
had made a great difference to their community. Mayor Boro presented Mr. Martin and
Mr. McGuire with Resolutions of Appreciation, and on behalf of the Council, thanked
them for their great efforts.
Mike McGuire thanked the Council, noting they had not done this for the recognition,
they just wanted to do something to show they were interested in the City being a
nice place. He stated that everyone working together had been a great thing.
Pete Martin stated this had truly been a partnership between the neighborhood and
the City, noting that had they not had the early cooperation of the Councilmembers
and City staff, he did not believe they would have gotten through this project, as
that cooperation really jump-started what they were doing. He stated this was a
project which eventually ran up to approximately $10,000 with all the extras they
were able to put into it. He reported the City put extra time and effort into it,
and the neighborhood, in their generosity, oversubscribed the fundraiser they put
on, and it was a win/win situation all the way around. Mr. Martin stated they were
very happy to be a part of the City, and to have achieved one of the first gateway
beautification projects in North San Rafael.
13. PRESENTATION OF RESOLUTION OF APPRECIATION TO DON VAUGHN. STREET MAINTENANCE
SUPERVISOR. RETIRING AFTER 31 YEARS OF SERVICE (PW) - File 102 x 9-3-41
Mayor Boro introduced Street Maintenance Supervisor Don Vaughn, who is retiring from
the City of San Rafael after thirty-one and a half years of service. Mayor Boro
explained Mr. Vaughn had worked his way up through the ranks, and had been the
City's Street Maintenance Supervisor for over thirteen years. He stated Mr. Vaughn
had done a tremendous job, noting he always had a smile, even under very trying
circumstances, and was always willing to help. Mayor Boro believed Mr. Vaughn's
work ethic typified what the City's employees were all about, pointing out Mr.
Vaughn had been voted Employee of the Quarter, in recognition of his contributions
to the City. Mayor Boro presented Mr. Vaughn with a Resolution of Appreciation,
wishing him much success and happiness, and thanking him for all he has done for the
city.
PUBLIC HEARING:
14. PUBLIC HEARING - GENERAL PLAN AMENDMENT AND RE -ZONING TO CHANGE THE LAND USE
DESIGNATION AND ZONING FOR PROPERTIES LOCATED AT GARY PLACE FROM "OFFICE" TO "LIGHT
INDUSTRIAL/OFFICE" (APN 18-051-01. 12. 13. 16 AND 17: 18-063-04) (CD)
- File 10-3 x 10-5 x 10-1
Mayor Boro declared the public hearing opened, and asked for the staff report.
Planning Manager Paul Jensen introduced Jayni Allsep, Planning Consultant for the
City.
Ms. Allsep explained that in 1988 the subject parcels on Gary Place were designated
as Office, in an effort to encourage redevelopment and improve the appearance of the
area. This was done as part of the adoption of the General Plan 2000, and
subsequent to the adoption of the General Plan, the site was also re -zoned to Office
(0) District. Since that time, redevelopment efforts for this area have not been
successful, and after reviewing the existing land uses on Gary Place, staff
determined it would be appropriate to consider redesignating all of the parcels on
Gary Place. In addition, she stated applications were submitted by two property
owners requesting a change from the current Office designation, noting applications
had been submitted on behalf of Marin County Exchange Corporation, owner of the
property located at 20-38 Gary Place, as well as the Rasche Trust, owner of the
property located at 110-200 Gary Place.
SRCC MINUTES (Regular) 6/19/2000 Page 3
SRCC MINUTES (Rr -11ar) 6/19/2000 Page 4
Ms. Allsep stated it was determined that the Light Industrial/Office zoning
designation would be the most appropriate land use classification for the Gary Place
properties because this classification would allow existing businesses to continue
legally, with the exception of one type of business, which she noted she would
discuss further in her report. In addition, Ms. Allsep pointed out that in the area
of Gary Place there was very little remaining traffic capacity that would allow
redevelopment to occur in the short-term; however, the proposed amendments would
allow an interim reasonable use of the property until long-term traffic improvements
can be completed. Ms. Allsep noted the Light Industrial/Office designation would
not introduce a wide range of new uses that would be incompatible with the limited
traffic capacity, or the vehicular access that affects the Gary Place properties.
Ms. Allsep explained the one exception to allowing existing land uses to continue
was the auto towing service use located at the end of the cul-de-sac. She reported
staff had discussed this incompatibility with the property owners, and it was agreed
that the towing use would be phased out over a period of six months from the time
Council takes action.
Ms. Allsep reported the proposed amendments to the General Plan and Zoning Ordinance
were reviewed by the Planning Commission on May 21st, and the Commission concurred
the Light Industrial/Office designation would be compatible with the existing uses,
and most appropriate for the properties. She noted that no physical improvements or
construction are proposed at this time, as part of these applications. She also
pointed out there were Caltrans parcels located immediately west of Gary Place and
below the elevated portion of Highway 101, and those properties were not part of
this application, nor would they be affected by the proposed change in land use.
She stated those properties did not carry a General Plan or zoning classification,
as they were part of the Highway 101 right-of-way.
Ms. Allsep stated that consistent with the California Environmental Quality Act, an
initial study had been prepared, and no potentially significant environmental
effects had been identified; therefore, certification of the Negative Declaration
was recommended. She noted the initial study and Negative Declaration were
circulated for a twenty -day public review period, and no comments were submitted
during the review period. Ms. Allsep noted Exhibit "A" of the staff report was a
Resolution for certification of the Negative Declaration, explaining it would be
appropriate to act upon that Resolution first, followed by the Resolution for the
General Plan amendment, and then the Ordinance introducing the amendments to the
Zoning Ordinance.
Mayor Boro noted the staff report states the proposed amendments would permit a
reasonable interim use of the area until long-term traffic improvements are
implemented, assuming at some point the City has the capacity. He asked if the
property owners could then come back, at the City's urging, to change the current
use to a different one that might more enhance the site? Ms. Allsep stated it could
be that the classifications being proposed, Light Industrial/Office, would provide
for a range of uses that would actually allow for individual improvement of the
properties. For example, a hotel use would be a permitted use within that
designation, with the approval of a Use Permit; therefore, it may be that under the
existing classifications that could be accomplished. Mayor Boro clarified the basic
intent was to keep what is there, keep it operating, and then with the opportunity
of capacity, to possibly do what she was describing? Ms. Allsep stated that was
correct.
Mayor Boro invited public comment.
Rick Scatena, representing Gary Rasche, the property owner for 110-200 Gary Place,
thanked staff for their help in putting this together, and fast -tracking their
request for the re -zoning of the property. He thanked Mr. Jensen, Ms. Allsep, and
Community Deveopment Director Bob Brown for such great help, noting the property
owner had pledged to them that he would do interim landscaping and try to beautify
the area now that he had a legalized use.
Sydney Fairbairn, stated she was representing Robert Fenton and Marin County
Exchange Corporation, the developers of 20-38 Gary Place. She also thanked Mr.
Jensen and Ms. Allsep for getting this underway, noting she had filed an application
in September, 1997. She stated she was now looking forward to the next steps in
their further redevelopment.
There being no further public comment, Mayor Boro closed the public hearing.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the
Resolution adopting the Negative Declaration for amendments to the San Rafael
General Plan 2000 Land Use Map and to the Zoning Map of the City of San Rafael for
re -designating properties located on Gary Place from "Office" to "Light
Industrial/Office".
SRCC MINUTES (Regular) 6/19/2000 Page 4
SRCC MINUTES (Re --lar) 6/19/2000 Page 5
RESOLUTION NO. 10650 - RESOLUTION OF THE SAN RAFAEL Clir COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR AMENDMENTS TO THE SAN RAFAEL
GENERAL PLAN 2000 LAND USE MAP AND TO THE ZONING MAP OF THE
CITY OF SAN RAFAEL FOR PROPERTIES LOCATED ON GARY PLACE,
FROM "OFFICE" TO "LIGHT INDUSTRIAL/OFFICE" (AP NO. 18-051-
01, 12, 13, 16 AND 17; 18-063-04) (GPA 00-01 AND ZC 00-01).
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the
Resolution adopting an amendment to the San Rafael General Plan 2000 Land Use Map to
re -designate properties located on Gary Place from "Office" to "Light
Industrial/Office".
RESOLUTION NO. 10651 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING AN
AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2000 LAND USE MAP
TO RE -DESIGNATE PROPERTIES LOCATED ON GARY PLACE FROM
"OFFICE" TO "LIGHT INDUSTRIAL/OFFICE' (AP NO. 18-051-01, 12,
13, 16 AND 17; 18-063-04) (GPA 00-01).
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Title of the Ordinance was read:
'AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN
RAFAEL. CALIFORNIA, ADOPTED BY REFERENCE, BY SECTION 14.01.020 OF THE MUNICIPAL CODE
OF SAN RAFAEL. CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM 0 (OFFICE)
DISTRICT TO LI/O (LIGHT INDUSTRIAL/OFFICE) DISTRICT (AP NO. 18-051-01, 12, 13, 16
AND 17; 18-063-04) QC 00-01)'
Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the
reading of the Ordinance in its entirety, and refer to it by name only, and to pass
Ordinance No. 1752 to print, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NEW BUSINESS:
15. RESOLUTION OF SUPPORT FOR MARIN MUNICIPAL WATER DISTRICT'S PIPELINE PROJECT (CM)
- File 151 x 9-1
City Manager Gould stated Mayor Boro had asked him to analyze the information
regarding the proposed Phase III pipeline to Sonoma to determine whether or not it
was reasonable for the City Council to consider a position on the proposed project,
and also to consider what that position might be. Mr. Gould reported that in 1991
during a severe drought, the Marin Municipal Water District (MMWD) put a measure
before the voters seeking an $80 million bond issue to expand access to the Russian
River, and that measure failed. However, the next year, responding to the call for
the voters to take affirmative action, MMWD put forward the Integrated Water
Resource Management Program, which became Measure V, and which went to the voters in
November, 1992. This measure passed Countywide, and was also approved by San Rafael
voters. Mr. Gould noted that included in the measure was a water supply plan to the
year 2025, which called for various infrastructure upgrades, and also a three -
pronged attack on the need for potable water within the District's boundaries. The
first called for conservation, which MMWD has been practicing for years; the second
was for reclamation, the recycling of water to make use of "gray" water; and the
third was to increase access to the Russian River through a new pipeline. This was
also supposed to be tied -in to the planned and phased growth dictated by the General
Plans of the cities, towns, and the County. He reported this was funded by a $37.5
million bond issue.
Mr. Gould noted the watch words of the program were "predictability" and "stability"
of the water supply, and it was to be reviewed every two years by a Citizens
Advisory Committee. Mr. Gould reported that committee met for the first time in
1995, examined the conditions, and decided MMWD should continue conserving and
reclaiming water, but that the pipeline was not necessary at that time. Mr. Gould
stated additional hearings were held during the past year, which led to a second
biennial review by the Citizens Advisory Committee, and on a 4-3 vote, the committee
again voted against recommending the new pipeline to Sonoma.
SRCC MINUTES (Regular) 6/19/2000 Page 5
SRCC MINUTES (RP -talar) 6/19/2000 Page 6
Mr. Gould stated there was a significant split between the staff at MMWD, various
engineers who have studied this project, and certain members of the public, and
noted he wanted to highlight where the agreements and differences lie. He stated
there was agreement the water conservation efforts have worked, noting MMWD is to be
commended for achieving a 17%-25% savings in water usage through advanced techniques
and marketing. Nonetheless, MMWD's staff is quite convinced there will be a
shortfall of approximately 1,500 acre feet in the coming year if additional steps
are not taken. Mr. Gould noted staff believes it is prudent to move forward with
the pipeline now, in a thoughtful way, rather than react in a crisis mode. Mr.
Gould acknowledged there was more conservation that could be done, noting MMWD staff
believes another 1,500 acre feet could be recycled or avoided in the next few years;
however, the combination of additional growth in our area, and the fact that the
current draw from the north is beginning to show signs of decline due to population
growth in Sonoma County and Novato, is of great concern to the Water District, and
they do not believe they can rely on that source of water.
Mr. Gould reported the cost of the pipeline is $18 million, and is included in the
$37.5 million that was authorized by the voters. He explained there were a variety
of means to finance it, partly through rates, the bond issue, and grants. He stated
the job could be done in two years, and the current water supply was approximately
two years. He noted the reservoirs are currently full, and there is an additional
supply from the Russian River water that would bring the supply of water up to
approximately a two year supply. Mr. Gould felt the practical thing to do would be
to begin the process now.
Mr. Gould noted the City has had a policy of taking a position on matters that may
affect the residents of San Rafael, the business community, or the operations of the
City government. Mr. Gould stated he believed the construction of the pipeline
bears on all three, because during times of drought, when water rationing is
implemented, there is a tremendous loss of landscaping, there is an effect on the
quality of life, it hurts business due to moratoriums on business hook-ups, and it
affects the City's ability to provide crucial services. He pointed out the Fire
Department was prohibited from using charged lines, those pumping real water, to
test the readiness of equipment and firefighters during times of drought, which he
believed posed a risk to all property owners.
Mr. Gould stated that having read the MMWD staff report, the CAC reports to the
Board of Directors, consultant reports and numerous correspondence, he felt there
were some points which needed to be made, and might bear on this issue. First, he
reported the development pressure on the City of Novato would make it much less
likely that MMWD will be able to secure its current allocations from Sonoma through
the shared pipeline. Mr. Gould felt there should be a certain amount of elasticity
in the water supply to make up for times of increased usage, droughts or shortfalls;
however, he pointed out that elasticity had been shrinking in the 1970's and 1980's,
and there was less room now. Therefore, he believed it would seem to make sense to
move forward sooner, rather than later.
Mr. Gould stated the alternatives to building the pipeline are to increase the
chances of rationing, moratoriums on hook-ups, and increased costs to the rate
payers. He noted one of the statements made by the opponents was that perhaps they
should move forward with the next phase of water reclamation; however, Mr. Gould
pointed out that was a very expensive thing to do, noting that to build the next
recycling station and all the dual lines that would be necessary would be in the
range of $40 million, and probably take ten years to complete. In addition, there
is no defined user, as yet, for that recycled water; therefore, that would be a
problematic solution. Mr. Gould explained the production of water through recycling
also requires much higher amounts of chemicals, creates more waste products, and
uses much more electrical power than diverting water from the Russian River. He
stated it has been pointed out by MMWD staff that the current draw on the Lagunitas
Creek, the watershed from which we get the majority of our water, is very severe,
and the environmental effects would be far more significant than the minuscule draw
that would be taken from the Russian River. Therefore, one of the arguments for
building the pipeline is that it would lessen the draw on Lagunitas Creek, which he
noted was hotly debated amongst environmentalists.
Mr. Gould stated MMWD staff wanted the Council to know that Measure V's major
components are being met, and they are spending major dollars on reclamation and
conservation efforts, which are showing effects, particularly in the Terra Linda
project. He noted they felt it was very important and would seem prudent to plan
ahead on this, knowing that the costs will inevitably rise for such a large
construction project, especially if it has to be done in a time of emergency, as the
cost could be as much as 20% greater if it has to be done in a rush. Mr. Gould
agreed that from the rate payers' standpoint, it would seem better to do it now,
when the reservoirs are relatively full and there is time to build it. Mr. Gould
stated that delaying the pipeline would not save money, it would only defer the
SRCC MINUTES (Regular) 6/19/2000 Page 6
SRCC MINUTES (Rp-ilar) 6/19/2000 Page 7
cost, and risk increasing the cost later. He noted the city has worked very closely
with MMWD on its landscape regulations, and the Public Works Department will be
doing the toilet retro -fits for City facilities during the next year, so the City is
doing its part for the Water District.
Mr. Gould stated it was an incontrovertible fact that shortages would affect the
quality of life of the City's residents, and that also bears on this decision. He
pointed out that we have been using Russian River water since the early 1970's, and
the environmental effect of taking a bit more was very minute compared to the impact
on the Lagunitas Creek area. Mr. Gould reported the North Marin Water District has
notified MMWD that after two years there may not be sufficient space in their
pipeline for MMWD to continue to meet its current needs for water. Thus,
construction of the new pipeline, combined with aggressive promotion of water
conservation and recycling, should go forward on parallel tracks.
Mr. Gould stated he was presenting a Resolution that would support the building of
the pipeline for Council's consideration.
Mayor Boro thanked Mr. Gould for such a complete analysis.
Councilmember Heller noted the Chair of the CAC advocated greater recycled water
development, and assumed the regulatory agencies would grant MMWD additional
allocations of water during dry years. She asked who the regulatory agencies were,
and why the Chair of the CAC was making that recommendation? Mr. Gould reported
Linda Novy is the Chair of the Citizens Advisory Committee, and Ms. Novy feels there
is insufficient need to justify the new pipeline. He explained one of her
assumptions, on which she takes issue with MMWD staff, concerns the projected demand
for water, and the availability of water in the coming years. He noted one of her
assumptions was that should the Water District get into another drought condition,
other water agencies would make exceptions for Marin and increase our allocation
and, therefore, the chance of water rationing is not so great as otherwise might be
thought. Mr. Gould noted Water District staff sees no evidence of that, and in fact
sees just the opposite; therefore, they are being more conservative. Mr. Gould
stated it was a point of contention between Ms. Novy and Water District staff as to
the availability of water in time of drought.
Councilmember Cohen stated one of the arguments against the pipeline is that if we
experience a drought, there would probably be a drought up north, as well;
therefore, why would we think we would be able to get more water from the Russian
River? He asked if Mr. Gould had looked into that aspect, and whether he knew MMWD
staff's position on that? Mr. Gould noted the issue was about having the rights to
water and the ability to move it from the north to the south. He stated that having
this pipeline would guarantee MMWD a larger share of whatever is being allowed to be
pumped out of the Russian River; therefore, it would increase the capacity of the
water supply within the District's boundaries. Mr. Cohen stated there are rumors of
a "Sonoma first" clause, although he acknowledged he had not looked at the contract
between MMWD and the Sonoma Water Agency. Mr. Gould stated he could not speak to
that issue.
Mayor Boro stated even if there is not a drought, the biggest issue for him was with
the growth going on in north Marin, and north Marin basically issuing a notice that
even in good times there would be no capacity for Marin water to flow through the
pipe, even though we are already using that water. Mr. Cohen stated he absolutely
supported constructing the pipeline, noting they already knew what would happen if
we do not have the capacity. He noted that just based on what they already know, it
was easy to come to this conclusion to protect ourselves against a drought, whether
or not there is a guarantee there.
Councilmember Cohen referred to the issue of water reclamation, noting he and Mayor
Boro sit on the Board of the Central Marin Sanitation Agency, and this was something
they have been pushing that Agency's staff to pursue. He reported they have had
several meetings with staff at MMWD, and this was something they were going to
continue to pursue. Mr. Cohen stated he did not believe they were off in their
current projection that the technology has not caught up with where we need to be.
He believed the biggest problem was not what one would think in terms of reclaiming
the water, stating that actually, they would basically have to build a
desalinization plant. He explained the pipeline would get saltwater intrusion,
because where the pipeline runs through tidal lands, the saltwater infiltrates the
pipe and the water becomes very salty. Therefore, in order to use the water for
landscaping, the salt would have to be extracted from the water before it could be
reused, and that was where a lot of the expense would come in.
Councilmember Phillips asked, if the voters have approved the revenue bond program
and, therefore, the money is available, was the advisory committee waiting for
something to happen before they build the pipeline, and if so, what would that be?
Mr. Gould explained Measure V anticipated that at some point the pipeline would be
built, but not until conditions indicated there was a disparity between the capacity
available to MMWD and the demand that was likely within the District. He noted that
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SRCC MINUTES (RF -filar) 6/19/2000 Page 8
for the first time, District staff is utterly convinced the need is there, and are
actively signaling that now that condition has been met, and it would be proper to
move forward with the pipeline. Mr. Gould explained those who oppose the pipeline
are countering that, stating they do not agree with the numbers, or, even if they
were to agree with the numbers, that the risk is too great, and it will be too
growth -inducing, or harmful to the salmon in the Russian River to take a small draw
for Marin. Mr. Gould stated that was really where the debate was drawn.
Councilmember Phillips asked if Mr. Gould, as the City's representative on this
issue, was sufficiently convinced that point has been reached? Mr. Phillips noted
the Councilmembers had not conducted the review the CAC has, nor did they have the
expertise of MMWD's staff, and asked whether Mr. Gould was comfortable that the
Council had sufficient information to draw that conclusion?
Mr. Gould stated he was accepting, as a premise, that the engineers who work for
MMWD have done their work correctly and are providing accurate figures. He
acknowledged he was not a hydro engineer, nor had he conducted an exhaustive study;
however, after reading the literature, the public record, and the correspondence, he
believed MMWD has made their case.
Mr. Phillips asked, if that was the case, why were they not able to convince a
majority of the committee? Mr. Gould felt that was likely because the members of
the committee have long -held beliefs on a wide range of subjects bearing on water
supply, growth in Marin, and the environment, and they come at it from different
places, much like many of the Council's appointees to the City's various commissions
and committees. Mr. Gould felt it was notable that the Citizens Advisory Committee
was split 4-3. He stated this would now move to the Board level, where the Board of
Directors will be asked to make a decision; therefore, if the Council decides to
take a position on this matter, their Resolution will be transmitted to the Board
for its consideration before it makes a final decision as to whether or not to call
for the project, or postpone it. Mr. Phillips asked if the committee was appointed
by the Board of Directors? Mr. Gould stated that was correct.
Mayor Boro invited public comment.
Elissa Giambastiani, President of the San Rafael Chamber of Commerce, felt she might
be able to provide some information regarding the committee, and explained the
Citizens Advisory Committee was an appointed committee. She stated one of the
members had been absent the night they took the vote, and had he been there, the
vote would have been 4-4. She pointed out it had not been by an overwhelming
majority that they voted to not move ahead with the pipeline. Ms. Giambastiani
stated Measure V never did state that it was one or the other, either conservation
or the pipeline, and those who worked on Measure V had felt very strongly they
needed to do both, that there needed to be strong conservation measures, and there
would continue to be that need; however, they also believed that we needed the
pipeline for reliability. Ms. Giambastiani stated she has been told MMWD staff has
reported that we are 1,000 acre feet short now, not in the future. She explained
1,000 acre feet was enough to provide 3,000 families with water for a year, and that
is a significant amount of water that we are already in deficit, even though we have
done a good job of conservation.
Ms. Giambastiani stated Linda Novy has just assumed the Chairmanship of the CAC,
noting the former CAC Chair, Paul Lusezynski, who also serves on the County's
Planning Commission, resigned because he believed MMWD staff was lying about the
numbers. She stated there was a great effort to oppose the pipeline because people
think it is going to be growth inducing. Ms. Giambastiani reported that currently
we were pulling down 8,300 acre feet, and we are contracted to draw 9,500 acre feet;
however, the maximum we can get, at some point in the future, is 14,300 acre feet,
as there is a limit on the amount of water we can take. She reported the nine water
agencies who contract with the Sonoma Water Agency draw only 5% of the water from
the Russian River, and one of the reasons the State was so adamant about our
releasing water into Lagunitas Creek to protect the salmon and steelhead was because
they stated we had another source of water, which was the Russian River. Therefore,
we are now releasing 4,500 acre feet into Lagunitas Creek to protect the species,
which is almost half of what we are getting from the Russian River. Ms.
Giambastiani stated she trusted that staff's figures were correct, and that the
issue was actually the reliability of the water, not getting more water. She
reiterated the North Marin Water District has stated that we had better build our
pipeline within the next couple of years, because they were not going to have room
for our water. She noted that currently, we cannot take delivery of water in the
summertime, because the pipeline is full of Novato's water; therefore, we have to
take our water in the off season and store it.
Ms. Giambastiani stated that at the public hearing of May 18th, one of the
Directors, John Jaeger, asked all the members of the CAC whether they felt we were
dependent on Russian River water, and every one of them, including the environmental
representatives, said, "Yes". She noted it is actually 25% of our water supply,
which is a considerable amount.
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Ms. Giambastiani commended the City Manager on his excellent report, and asked if he
would consider condensing it and submitting it as a guest editorial to the Marin
Independent Journal. She also asked if one of the Councilmembers or a staff member
could appear at the meeting of July 11th? She stated having the Council pass this
Resolution would be wonderful; however, it would be even more wonderful to have
someone attend and speak at the meeting, because she believed it was going to be a
numbers game again, and it would be helpful to have a City representative at that
meeting.
Mayor Boro stated he had asked City Manager Gould to place this issue on the agenda,
and he had some thoughts on the matter. One was the issue of quality of life. He
recalled the City and the Council had spent a lot of effort several years ago in
promoting that issue with regard to fireflow, and building a pipe to protect homes
in the event of a fire. He noted that had obviously been a quality of life issue,
and it seemed ironic that the City would potentially have a pipe to help fight
fires, and then not have enough water to fight the fires in the event of a drought.
Regarding the issue of the Central Marin Sanitation Agency recycling gray water, he
felt that $40 million was a blockbuster number, and believed if that kind of money
was going to be spent on that effort, he would recommend desalinization be
approached with the idea in mind that we would have water, we would not have to
build a new delivery system, and we could just pump the desalinated water directly
into the existing supply. He stated that would guarantee a supply of water that
could be used for potable purposes. Mr. Gould noted desalinization was even more
expensive than recycling, and was up in the range where it would become difficult.
Mayor Boro stated he would urge the Council to adopt this Resolution; however, he
had an amendment he wished to add to the Resolution. He asked that as the last
"WHEREAS", prior to "NOW, THEREFORE BE IT RESOLVED", staff add the wording:
"WHEREAS, a key responsibility of a City Council is to protect its residents'
quality of life, and the construction of this pipeline will achieve that goal with
respect to water supply."
Councilmember Cohen stated Mr. Phillips had raised a valid question in asking why
the Water District's own advisory committee did not pass the staff recommendation.
He felt it was helpful to look back at the history of this issue, noting that for a
long time, some people in our larger community took a very explicit approach to the
management of the water supply in Marin County, which he referred to as the "field
of dreams" approach, explaining they felt that if we don't build it, they won't
come. Mr. Cohen stated water had, in effect, been used as a growth control
mechanism. However, people became fed up with that, and it led to a change in the
Board and a more efficient management of the District, and looking at ways to
address supply constraints. Mr. Cohen stated Measure W. which did not pass, was
heavily opposed by the environmental community, while Measure V. which was opposed
by some members of the environmental community and supported by others, was a
compromise, and was widely recognized as a compromise. Mr. Cohen believed there
were then, and are still now, people for whom compromise is a dirty word, and that
some of them are on the advisory committee. He explained Measure V states the Water
District has to do all three components, but as reported this evening, it does not
state when, and that seems to be what the debate is about.
Mr. Cohen noted he had been at the hearing when the Board considered this issue and
took testimony, and it was his belief that if the general public was aware of the
trade-offs some of the advocates of not building the pipeline were prepared to ask
for, there would be a lot more noise about this issue. He also believed there will
certainly be a lot more noise about it if they do not build the pipeline, and people
are told they cannot water their lawn, or even that they cannot have a lawn. Mr.
Cohen stated he did not believe people were really prepared to go to the level of
reduction in water use that would be required if they do not deal with the capacity
problem. Mr. Cohen felt some of the people on the CAC were not addressing that
issue, or, they were more committed and willing to accept that trade-off. Mr. Cohen
stated that in looking at all the aspects of this issue, it seemed clear that it
would be prudent for MMWD to proceed with the pipeline, and it would be responsible
of the City Council to communicate that to them.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the
Resolution proclaiming the City of San Rafael's support of Marin Municipal Water
District Development of the Phase III pipeline to Sonoma, as amended by Mayor Boro.
RESOLUTION NO. 10652 - RESOLUTION PROCLAIMING CITY OF SAN RAFAEL SUPPORT OF MARIN
MUNICIPAL WATER DISTRICT DEVELOPMENT OF THE PHASE III
PIPELINE TO SONOMA IN THE IMMEDIATE FUTURE (as amended, to
include the following: 'WHEREAS, a key responsibility of a
City Council is to protect its residents' quality of life.
and the construction of this pipeline will achieve that goal
with respect to water supply').
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CITY MANAGER'S REPORT:
16. CITY MANAGER'S REPORT - File 9-3-11
City Manager Gould reported on a meeting called by Marin County Supervisor John
Kress involving Mr. Dutra, owner of the San Rafael Rock Quarry, the Point San Pedro
Road Coalition, City staff, and County Counsel. Mr. Gould reported Mr. Dutra would
not agree to any amendments to the Use Permit for the quarry. Mr. Gould, on behalf
of the City, urged the County to produce and adopt a comprehensive, understandable,
and enforceable Use Permit for quarry operations. Supervisor Kress announced that
was his intention, and that the County would begin conducting studies to determine
whether or not the quarry constitutes a nuisance, which would then give the County
the ability to amend the Use Permit. Pointing out that the City does have
jurisdiction over the roads, Mayor Boro asked Mr. Gould to review the Ordinance
recently adopted by the Town of Belvedere with respect to construction and truck
usage, its impact on roads, and the fees associated with that.
Mr. Gould reported staff had received a letter from the San Rafael Historical
Society expressing their great interest in building the new museum in Boyd Park.
However, they indicated it would take them some time to complete their current
consulting studies, and to work through the zoning and use issues with staff.
Therefore, they expect to break ground in the Spring of 2001.
Mr. Gould stated he and Mayor Boro had met with representatives of the Cultural
Affairs Commission, who are very interested in moving forward with the renovation of
Falkirk. Mr. Gould stated the City was currently working with the attorneys in
trying to close escrow on the Menzies' site, so that the City receives the funds
from the sale of the property. He stated once that has occurred, and with Council's
direction, staff would then look for a project manager this Summer to assist in the
renovation of the building, and in addressing the request from Marin Arts Council to
be on this site.
Mr. Gould noted Street Maintenance Supervisor Don Vaughn was retiring after thirty-
one years of service with the City, and Public Works Director Dave Bernardi had an
excellent candidate as his successor. Mr. Bernardi stated he had conducted
interviews and made an offer for employment to Glen Nunley, who has seventeen years
of experience as an Assistant Maintenance Supervisor for the City of Napa. Mr.
Bernardi noted Mr. Nunley and Assistant Public Works Director Frank Prim worked
together for a number of years, and Mr. Prim has assured Mr. Bernardi that Mr.
Nunley understands the kind of community service the City Council holds as a high
priority. Mr. Bernardi stated he believed Mr. Nunley would be a nice asset to the
City's organization.
[Kill];[Ott 1iliI0TW13-071114till A0n
17. None.
There being no further business, the City Council meeting was adjourned at 9:00 PM.
JEANNE M. E� ONCINI, �Cler
APPROVED THIS DAY OF 2000
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/19/2000 Page 10