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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 SRCC MINUTES (Regular) 6/19/2000 Page 7 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. SRCC MINUTES (Regular) 6/19/2000 Page 8 SRCC MINUTES (Rr ,ilar) 6/19/2000 Page 9 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'). SRCC MINUTES (Regular) 6/19/2000 Page 9 SRCC MINUTES (Rete -lar) 6/19/2000 Page 10 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