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HomeMy WebLinkAboutCC Minutes 1998-08-17SRCC MINUTES (Regular) 8/17/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 17, 1998 AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Councilmember Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM: Mayor Boro announced Closed Session item. CLOSED SESSION - 7:00 PM: • Conference With Legal Counsel - Pending Litigation Government Code Section 54956.9(a) Name: Pedersen & Lohse v. City of San Rafael No reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: PM None CONSENT CALENDAR: 8:00 Councilmember Miller moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Monday, Approved as submitted. July 20, 1998, and Special Meeting of Monday, August 3, 1998 (CC) 2. Request for City of San Rafael Amicus Approved amicus participation. Participation: - File 9-3-16 Lim v. City of Long Beach (Ninth Circuit Court of Appeals No. 98-559125) 3. Impartial Analysis of Measure Re: Paramedic Accepted City Attorney's Service Special Tax for Residential and Impartial Analysis. Non -Residential Structures (CA) - File 9-4 x 9-3-31 4. Summary of Legislation Affecting San Rafael Accepted report, and approved - File 9-1 staff recommendation: SB 143 (Kopp), Records, (NEUTRAL); PROP. 9, Electric Utilities, Assessments, Bonds, (OPPOSE). 5. Selection of City Council Representative to Accepted report, and approved Serve on the Oversight Committee for the staff recommendation to select County JPA Joint Services Coordination Councilmember Barbara Heller Program (CM) - File 244 x 113 x 4-4-6b. to Serve as the City's Representative on the Joint Services Coordination Oversight Committee for the County JPA Joint Services SRCC MINUTES (Regular) 8/17/98 Page 1 SRCC MINUTES (Regular) 8/17/98 Page 2 6. Resolution Renewing Agreement with David M. Griffith & Associates ("DMG") to Process State Mandated Costs Reimbursement Applications (MS) - File 4-10-270 Coordination Program. RESOLUTION NO. 10295 RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND DAVID M. GRIFFITH & ASSOCIATES FOR PROCESSING CLAIMS FOR MANDATED COST REIMBURSEMENT. CONSENT CALENDAR: 7. Resolution Authorizing Execution of a Five -Year RESOLUTION NO. 10296 Agreement with Broadlink Communications to Connect RESOLUTION AUTHORIZING A FIVE - a Wide Area Network Citywide, and Related License YEAR AGREEMENT WITH BROADLINK Agreement (MS) - File 4-3-347 COMMUNICATIONS TO CONNECT A WIDE AREA NETWORK CITYWIDE, AND RELATED LICENSE AGREEMENT. 8. Resolution of Appreciation to Matthew T. Naclerio, RESOLUTION NO. 10297 Assistant Public Works Director (PW) RESOLUTION OF APPRECIATION TO - File 102 x 9-3-40 MATTHEW T. NACLERIO, ASSISTANT PUBLIC WORKS DIRECTOR. 9. Consultant Contract/Work Program for Facilitation RESOLUTION NO. 10298 and Design Assistance for the St. Vincent's/ RESOLUTION AUTHORIZING THE Silveira Advisory Task Force (P98-10) (CD) CITY MANAGER TO SIGN - File 4-10-304 x 9-2-45 x 10-2 10. Resolution Amending Resolution No. 9450 Revising Procedures and Criteria for Determining Public Convenience and Necessity in Issuance of Off -Sale and On -Sale Liquor License by the Department of Alcoholic Beverage Control in Areas of Undue Concentration (CD) - File 9-3-85 x 9-3-30 x 13-8 12. Closure of Mission Street Between "E" and "C" Streets on Sunday, August 30, 1998 Between A PROFESSIONAL SERVICES AGREEMENT WITH KEN KAY ASSOCIATES AND BARBER AND GONZALES CONSULTING GROUP IN AN AMOUNT NOT TO EXCEED $50,000 TO PROVIDE CONSULTING SERVICES FOR THE ST.VINCENT'S/ SILVEIRA PLANNING PROJECT. RESOLUTION NO. 10299 RESOLUTION RESCINDING RESOLUTION NO. 9450, AND ADOPTING REVISED PROCEDURES AND CRITERIA FOR DETERMINATION WHETHER PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ISSUANCE OF OFF - SALE OR ON -SALE LIQUOR LICENSES, WHERE A FINDING OF UNDUE CONCENTRATION HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. Approved staff recommendation, for free concert at Falkirk SRCC MINUTES (Regular) 8/17/98 Page 2 SRCC MINUTES (Regular) 8/17/98 Page 3 12:00 PM and 6:00 PM (Lib) - File 11-19 Cultural Center, blues artist Johnny Otis and his band to perform on the Great Lawn. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following item was removed from the Consent Calendar for further discussion: 11. RESOLUTION ADOPTING CERTIFICATE OF PUBLIC CONVENIENCE OR NECESSITY, 1122 FOURTH STREET, LINEXPRESS CAFE (PD) - File 9-3-30 x 9-3-85 Councilmember Miller stated he did not wish to adopt this Resolution, pursuant to the criteria and issues in the documents presented to Council as part of the staff report. Mr. Miller noted this application does not meet Criteria #1, or #2, noting potential clientele was already being served downstairs in the Cyber Lounge, where coffee is served. Referring to Criteria #3, as to whether the business would be located within a 1,000 foot radius of incompatible facilities, Mr. Miller pointed out there were five possibly incompatible facilities. He further noted this application did not meet Criteria #4, concerning whether the location will be in a crime data area covered in Police Department statistics. Therefore, Mr. Miller did not believe this application met any of the criteria. Councilmember Miller stated the City had recently approved two similar applications in this area, one for the Brew Pub, and one for Lugano Imports. In addition, he believed that while the service of alcohol at a Cyber Lounge was not necessarily connected to those particular uses, the service of alcohol at the Brew Pub, in a restaurant atmosphere, and at Lugano Imports, with its wine tasting, was directly connected, and there was a nexus between those uses. Furthermore, Mr. Miller stated he felt this would set a bad precedent, noting coffee houses with electronic chat rooms could come in and apply for the same kind of license, and then businesses of print information, such as book stores that happen to have a cafe, would also be able to apply for a license. Councilmember Miller stated the application did not meet any of the criteria, as stated in the report, and it would set a precedent he would not like to see. Therefore, he would not like to see this application approved. Mayor Boro asked for a sense from the other Councilmembers, noting if they were similar to Mr. Miller's views, he would then suggest this item be referred to staff, to return to Council with an option for denying the application. Councilmember Heller stated she was not certain this application should be denied. She noted Council had referred a previous item of this kind to the Community Development Department for review, and recommended giving this item to them, to see if it meets the City's guidelines on Land Use and other related requirements. She noted the City had recently decided these types of items were going to be moved to the Community Development Department, and felt perhaps we should begin with this item. Community Development Director Brown stated his staff would provide input; however, he noted the newly adopted Resolution which makes changes to add an additional Finding regarding the General Plan consistency, specifically would not apply to any permits now under consideration; therefore, this application would be reviewed under the old Findings, not under the new Findings. Councilmember Phillips asked Police Captain Tom Boyd and City Manager Gould for their reactions to Councilmember Miller's comments. Captain Boyd stated this application was approximately the eighth he had done during the past year and a half, since Council chose to accept the option in a newly passed law in the Alcoholic Beverage Commission Rules and Regulations, which allowed cities to review alcohol licenses in particular areas. Captain Boyd noted this had been designed more for crime control and disorder issues, because there was a direct link between alcohol consumption and crime. He reported that in reviewing these applications, they had looked at all those issues, noting there were guidelines the City had decided upon. Captain Boyd reported that of the eight applications he had worked on, he had only recommended against one, and recommended approval of the seven others. He stated that in each case, he had not believed the granting of a Public Convenience or Necessity Permit would really cause a crime problem, noting the law had been designed more for SRCC MINUTES (Regular) 8/17/98 Page 3 SRCC MINUTES (Regular) 8/17/98 Page 4 crime and disorder issues, as opposed to general Land Use policies, and he had tried to maintain a very specific focus with these. Captain Boyd stated he also tried to look at what Council had talked about as far as livening up the Downtown, and creating businesses in areas that would foster more participation, and more foot traffic in the Downtown. Captain Boyd acknowledged that given the nature of this particular business, it did fail on a number of the criteria; however, he noted the other seven applications also failed on many of the criteria, yet they were looked at on a case by case basis, and were approved by the Council. City Manager Gould noted this was one of the times when the State did not simply pre-empt the Council's local authority to make decisions on such matters, pointing out, as Captain Boyd had stated, the primary criteria has generally been whether or not the permit would create additional calls for service, or increase the level of crime in the area. He noted, as Councilmember Miller had pointed out, the Downtown does have higher levels of crime than elsewhere in San Rafael, and there is a greater level and prevalence of liquor licenses in the Downtown than found elsewhere. Mr. Gould stated one of the criteria, which really gets to the Council's discretion, is whether or not this Use serves an under -used population, whether it meets the community's needs, and whether the Council can find it meets the Public Convenience and Necessity to grant this license. He stated staff could re -cast the staff report, based on Council's direction, noting this could go either way. Assistant City Attorney Gus Guinan stated if Council was of a mind not to approve, pursuant to the recommendation, the only Resolution attached to the staff report was one that lists Findings in support of the granting of the Certificate of Public Convenience and Necessity. Therefore, it would behoove Council to refer the item back to staff for further investigation, to provide the facts that are included in the record, and have been pointed out by Councilmember Miller, and as an alternative, support a Resolution denying application. Mayor Boro suggested Council follow that advice. He noted it appeared Council had discretion regarding this item, and if they had discretion, they should be able to make a judgment. However, referring to Criteria #1 which, in part, states, "....which will not result in an increase in the total number of licenses in the City, in a census tract in which the business will be located", Mayor Boro reported there were currently 11 licenses issued in this tract, and he believed the guidelines called for only 4; therefore, he felt this might be excessive. Mayor Boro stated another issue was whether or not this type of service could be provided elsewhere. He noted that in this immediate area, beer and wine were available, and while he acknowledged beer and wine were not available elsewhere with computers, he noted they were available throughout the Downtown. Mayor Boro believed it would be prudent if there was a little more exploration of this, and asked that this item be brought back with both the options to approve or deny, based upon recommendations, and allow the Council to choose. Councilmember Miller moved and Councilmember Heller seconded, to carry this item over to the next Council meeting, to be held September 8, 1998. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen PUBLIC HEARING: 13. PUBLIC HEARING - CONSIDERATION OF APPLICATIONS RE; PROJECT MERITS FOR THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN CONSISTING OF A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL, ESTATE RESIDENTIAL AND HILLSIDE RESIDENTIAL TO PUBLIC/QUASI PUBLIC; ZONE CHANGE TO PD (PLANNED DISTRICT); USE PERMIT; MASTER ENVIRONMENTAL AND DESIGN REVIEW PERMIT; ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR PHASE I; ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR FOUR PARKING SPACES AT CALERUEGA DINING HALL; AND HEIGHT EXCEPTION FOR A RECREATION CENTER. THE COLLEGE CAMPUS DEVELOPMENT PLAN WILL ALLOW THE COLLEGE TO CONSTRUCT FOUR NEW BUILDINGS AND ASSOCIATED SITE IMPROVEMENTS OVER THE NEXT TWO DECADES. THE BUILDINGS AND PHASING ARE AS FOLLOWS; PHASE I, RECREATION CENTER AND GRAND AVENUE PARKING LOT AND LANDSCAPING AND PARKING IMPROVEMENTS IN THE ACADEMIC CORE AREA, INCLUDING PARKING BY CALERUEGA DINING HALL; PHASE II, SCIENCE AND TECHNOLOGY BUILDING ON PALM AVENUE, PARKING LOT NEAR CALERUEGA HALL, AND CHAPEL AT MAGNOLIA AND LOCUST; PHASE III, RESIDENCE HALL AND RELATED PARKING ON MAGNOLIA AVENUE; SRCC MINUTES (Regular) 8/17/98 Page 4 SRCC MINUTES (Regular) 8/17/98 Page 5 PHASE IV, FOREST MEADOWS OUTDOOR FACILITIES AND RELATED PARKING; APNs 15- 141-02, 15-142-03, 15-142-04, 15-161-01 AND 15-162-02 (CD) - File 115 x 4-3-318 x 10-2 x 10-3 x 10-5 x 10-7 Mayor Boro declared the public hearing opened, and asked Planning Manager Sheila Delimont to introduce this item. Planning Manager Sheila Delimont stated tonight's hearing concluded the public hearing process for the Dominican College Campus Development Plan. She reported that on August 10, 1998 the Council certified the final EIR (Environmental Impact Report) for the project, and now Council was reviewing the project applications, improvements that would allow the four phases to be developed at the College. She reported that at the last Council meeting the College had made a detailed presentation on the particular permits they were applying for, noting there would be a Recreation Center, parking lot, and field improvements in the Forest Meadow area; and in the Academic Core there would be a Chapel, parking lot landscape improvements, the Science and Technology Building, additional parking lots next to Caleruega Dining Hall, and an additional Residence Hall. Ms. Delimont reported the Planning Commission has recommended the City Council approve the Campus Development Application. Ms. Delimont stated there were several CEQA Findings the Council needed to make at this time, and noted the draft Resolution contained a Statement of Overriding Considerations and Findings of Fact regarding impacts and alternatives. She reported the FEIR (Final Environmental Impact Report) determined there would be significant visual impacts from the parking lots and Science and Technology Building, and short-term significant noise impacts from construction. She stated that while it was not feasible to relocate these facilities, the expanded College would provide significant economic and social benefits to the community, and this formed the basis for the Statement of Overriding Considerations. In addition, she noted none of the project alternatives discussed in the final EIR were feasible, because of the additional financial costs and parking impacts associated with each alternative; therefore, the Planning Commission recommended the project be approved in its current location. Ms. Delimont reported the Final EIR recommended relocating or eliminating the Forest Meadows parking lot to preserve an archeological site. She noted the College has worked with the Federated Coast Miwoks to design a parking lot that minimizes impacts to the resource, and explained this was an acceptable mitigation when avoidance was not feasible. She reported the Commission has recommended approval of this lot, as there is no other feasible location. Ms. Delimont stated the Commission had also recommended Ralph Minor Hall, an historic building, be preserved. Ms. Delimont noted the draft Conditions and Resolutions reflect these recommendations. Referring to another Final EIR issue, Ms. Delimont stated the project had been conditioned to require the College to contribute, prior to Phase II construction, a lump sum payment equal to the City's costs for the increase in size of the Palm Avenue storm drain, and associated facilities that are directly attributed to increased runoff from the College expansion. Ms. Delimont stated the Master Use Permit contained two issues of importance to the Dominican Neighborhood Committee; noise measurements, and the components of the Advisory Committee. She reported the Commission recommended a five minute noise average be used to monitor sound levels of events at the College. The Advisory Committee membership outlined in the Events Management Plan consisted of representatives from the College, and from the Dominican/Black Canyon Neighborhood Association. She stated the Commission believed the DNC (Dominican Neighborhood Committee) and the College had worked very hard to reach an agreement, and they were willing to wait and see if the limited membership would work, noting the Commission would review the membership during periodic review. Ms. Delimont stated the draft Conditions of Approval now before Council also reflect these recommendations. Ms. Delimont reported the Design Review Board had recommended approval of the Master Plan and the Phase I Improvements, and would be reviewing final details for the Recreation Center and the parking lot at their meeting tomorrow evening. She stated the College would then be able to proceed in obtaining the permits for these improvements, noting they hoped to get these under construction right away. Ms. Delimont stated the Council had received several letters, and while most of them were submitted in support of the College expansion, two of them raised issues she felt should be addressed. One letter, written by a resident on Palm Avenue, requested the Science and Technology Building be SRCC MINUTES (Regular) 8/17/98 Page 5 SRCC MINUTES (Regular) 8/17/98 Page 6 moved 80 feet back on the site. She reported the Final EIR noted that from this particular residence they would be able to see the Science and Technology Building from the second story; however, the Final EIR concluded the building could not be set further back from Palm Avenue, due to site constraints, as it would require that the building be constructed over San Marco Hall, which would have to be demolished. Ms. Delimont stated the EIR and Development Standards do reflect a minimum setback of forty feet from Palm Avenue, which would allow some substantial landscaping, noting that would be included as part of Phase I, and should be mature by the time the Science and Technology Building is constructed. She noted there were also some specific design recommendations, which could help to partially mitigate the impacts from this location. Ms. Delimont reported the second letter addressed concerns regarding the Grand Avenue parking lot. She stated a 30 foot to 50 foot landscape buffer would be planted along Grand Avenue, with a hedge, a berm, and some large- scale landscaping installed to buffer the parking lot; in addition, there will also be lighting mitigation measures. She noted these would all help mitigate impacts to the residents along Grand Avenue. In summary, Ms. Delimont stated that for a project of this magnitude, there were really very few issues at this point, noting the College and the Dominican Neighborhood Committee had worked together to address the neighborhood concerns. She pointed out they were also to be commended for putting together an Events Management Plan, which protects both parties' interests. Ms. Delimont stated staff recommended Council approve the Dominican College Campus Development Plan, noting this would ensure the long-term viability of the College, which is not only a distinctive four-year College, but also an important setting for performing arts and cultural events. Councilmember Heller referred to a letter dated May 29, 1998, which addressed the potential impact of the tree planting in the parking lot area on an archeological resource, and asked if the issue of planting additional trees had been resolved? Ms. Delimont responded that it had, stating they were not going to put the additional trees in the center of the parking lot, because it could impact that resource. Mayor Boro invited public comment. Dr. Joseph Fink, President of Dominican College, reported he had been President of the College for the past ten years, noting it was his third College Presidency. He stated he was very proud of his involvement with this very extraordinary institution, noting it was an academic institution that has been part of the fabric of the Bay Area, Marin County, and more importantly, the City of San Rafael, for over 100 years, pointing out the College has also been an important contributor to this City, in a variety of ways. Dr. Fink stated the College, itself, has always been an independent institution, responsible for developing its own resources. He noted that in the earlier years, the Dominican Sisters, through their labor, advanced the College, and the College never received funds from the Catholic Church, nor has it received much in the way of funds from the Federal or State governments. Dr. Fink reported that in the 1960's Dominican College became a fully independent institution, separated legally and financially from the religious community that founded it. By the mid -1980's the College had endured some difficult years, with enrollment falling to 350 undergraduate students, and 300 graduate students. He stated its fiscal condition had been weakened significantly, to the point where the accrediting agency that accredits Colleges and Universities had threatened to place the College in an untenable accrediting position. In addition, the newer buildings on campus had been built in 1963, at a time when Bill Clinton was not President, or George Bush, Ronald Reagan, Jimmy Carter, Gerald Ford, Richard Nixon, or Lyndon Johnson were President, but when John Kennedy was President. Dr. Fink stated his mandate from the Board of Trustees was simple; to ensure that Dominican College be a high quality, financially viable academic institution, that could respond to the challenges of the Twenty - First Century. He stated he was privileged to be the leader of an academic institution where they have an abundance of creativity and academic prowess; however, like any other business person, he must make sure Revenues exceed Expenditures, or they would not succeed. He reported that during the last ten years they have had a series of successes, and the college was much stronger than it had been, led by a strong Board of Trustees. Noting that a number of the members of the Board of Trustees SRCC MINUTES (Regular) 8/17/98 Page 6 SRCC MINUTES (Regular) 8/17/98 Page 7 were present, he asked them to stand, and introduced them to Council. Dr. Fink reported that over the past ten years enrollment has grown, their fiscal condition has improved, academic programs have advanced, their student services have exceeded some of their earlier dreams, and they have had new faculty who are supporting and developing the institution. However, he stated the College needed to compete and be competitive, and the College needed these new facilities, noting it has been over thirty- five years since they have had new facilities on this campus. Dr. Fink stated that when they began this process, they began with a process of integrity. He noted they did not come forward and ask for twice as much square footage as they needed, or twice as many buildings as they needed, they came forward and simply stated what they needed. After years of analysis and planning, strategic examinations of the institution and trends for the future, they defined their needs, and then after hundreds hours of discussions with their neighbors, they came to an agreement that would allow their neighbors to be satisfied with the College's growth, as well. Dr. Fink stated he hoped Council would be able to approve and support all they have worked through, both the neighbors, and the people directly involved with the College, over the past couple of years. Dr. Fink reported that a few meetings ago, when Elissa Giambastiani (President of the San Rafael Chamber of Commerce) was speaking before the Planning Commission on behalf of the College, she turned to the Planning Commission in a moment of exasperation and stated, "Let my people go". Dr. Fink noted he was going to repeat something he had stated to the Planning Commission a couple of weeks earlier, but had not had the opportunity to state to the Council, "Let my people go. Let us go back to what we do best; let us go back to develop academic programming; let us go back to do research; let us go back to work with young and not -so -young people to improve their lives; let us go back to respond to the demographic changes that are taking place in this State, and allow more diversity to come to our institution; let us go back to finding ways to provide financial aid, so the poor who are coming to our institution will be able to come in greater numbers than they have in the past. Let my people go". He asked Council to please vote for the approval of this project. Jeff Bialik, Executive Vice President and Treasurer of Dominican College, stated he was very pleased that Bill Calloway, President of SWA Master Planners and Landscape Architects, was in attendance, noting Mr. Calloway was the architect of the Master Plan, and it was his Vision, working with the College's needs. Mr. Bialik stated they had recognized the sensitive nature of the archeological resource in Forest Meadows. He noted Mr. Calloway introduced them to Miley Holman, an Archeologist, and working with Tim Campbell and Gene Buvelot of the Federated Costal Miwok, they formed an incredible partnership to ensure that this particular part of the campus was handled with appropriate sensitivity and monitoring. Mr. Bialik noted Bill Deitrich, Traffic Consultant for DKS, was also in attendance this evening, as well as Peter Wong and James Yee, Architects for the Recreation Center. Mr. Bialik stated that five years ago, when he met with then Planning Director Robert Pendoley, they had discussed the process they would go through, and Mr. Pendoley explained the best way of going about it would be to create a series of applications, which were now being presented to Council for approval. Mr. Bialik noted that when they first discussed this, the College realized they needed some legal advice and counsel, and Mr. Pendoley recommended Attorney Cecilia Bridges, who served as their legal counsel. Mr. Bialik noted he was very pleased Ms. Bridges was here this evening to support the College in this endeavor, and also pointed out all those in the Council Chamber who had come to support them. Ray Taylor, 126 Palm Avenue, member of the Dominican Neighborhood Committee, reported fellow Committee Member, Gary Ragghianti, was away and unable to attend this meeting, but had asked Mr. Taylor to advise the Council that he fully supported the approval of the College's Master Plan application, conditioned as they had negotiated it, and while he regretted not being able to personally be present to make these remarks, Mr. Ragghianti had also asked Mr. Taylor to express his sincere thanks to everyone at the College who negotiated with the Dominican Neighborhood Committee, particularly Tom Callinan, Mel Croner, and Jeff Bialik, noting he was happy to be part of a successful conclusion. Mr. Taylor reported that two years ago, at the initial public meeting, nearly 100 neighbors showed up to express concern over the scale of the proposed Dominican College Expansion Plan, and its potential impact on the neighborhood. He stated the major concerns were the visual impact of the SRCC MINUTES (Regular) 8/17/98 Page 7 SRCC MINUTES (Regular) 8/17/98 Page 8 facilities to be built, and traffic, parking, and noise fears, based upon the possible increase of events on campus, which would result from the outside use of the various new venues that would be created. Mr. Taylor stated that when the Dominican Neighborhood Committee made known its objective to continue to support the Mission of the College, and to recognize its need for the new facilities, while also attempting to create lower impact alternatives to the College's Plan through the hiring of various consultants of its own, an even broader base of support emerged. Based upon subsequent meeting attendance, communications to the Committee, and financial contributions, they found that hundreds of people endorsed the Committee's approach to the Mission. One year later, last summer, the Committee and the College co-signed the Memorandum of Understanding (MOU) that established parameters on the size, location, and Use of the proposed buildings and facilities. Included in the MOU was the requirement for an Events Management Plan, acceptable to both parties, which would govern the use of the campus by establishing hours of operation, noise controls, a Traffic and Parking Plan, limits on the number of outside events, and monitoring guidelines to allow the College to continue its Mission, while reassuring the neighbors that the neighborhood infrastructure would not be overwhelmed. Mr. Taylor pointed out the limitation on the number of events was applicable only to non -College and rental events, not College functions or activities. He noted, happily, the second document, the EMP, had been signed last month, and the completion of these two pieces now made it possible for them to support the College Expansion Plan. Mr. Taylor stated throughout the two years they were negotiating the Memorandum of Understanding and the Events Management Plan, the constant message they received from the City was one of encouragement for them to come to agreement with the College, and to be able to come to the City with a plan both parties supported. He stated they had accomplished that, and he now requested that the City accomplish its part by approving the College's Master Plan application, stressing that for their agreement to hold up, both the EMP and the MOU must be kept intact, and made Conditions of the Master Use Permit. He noted the hundreds of hours that went into the creation of these documents included many compromises by both sides, and many conditions agreed upon were linked to others; therefore, to change any item would affect the balance, and threaten the positive conclusion that has been achieved. Mr. Taylor thanked the College for their effort and cooperation throughout the process, and thanked the Councilmembers for their serious consideration of all their work. There being no further public comment, Mayor Boro closed the public hearing. Councilmember Heller thanked both sides in their search for a solution to the project's problems. She stated she had very much appreciated the College walking the Councilmembers through each step of the project at the last meeting, with Attorney Bridges and the consultants, showing exactly where the buildings would be and how the parking lot would be changed, noting that had been very helpful. She stated she also appreciated meeting and talking one on one with the Dominican Neighborhood Committee, noting they had many very valid problems, and had worked very hard. Ms. Heller believed the success of the College through the years had brought community strain; however, she felt the College was of such a substantial benefit to the City that there certainly would be great benefit to the City during the next ten to twenty years. Councilmember Phillips stated he was delighted this project had come together, with the College taking the lead, and the community certainly adding to the process, to come to the conclusion they were now witnessing, noting it was amazing and unbelievable, considering where both parties had started, and he felt it was comforting to know that the parties had really coalesced. Mr. Phillips agreed the College added a lot to the community, noting he had a lot of respect for the process, and those involved with Dominican, noting he was delighted to see students from Dominican in the audience. He stated he looked forward to the continued contributions the College was going to make to the community, and the reputation it was building, and had already obtained, particularly during the past ten years. Mayor Boro stated Councilmember Cohen had been unable to attend the meeting, but had sent a letter to the Councilmembers, to be read during the meeting, "Dear Colleagues, I am sorry that I am unable to be with you tonight for the approval of the Dominican College Campus Development Plan. I have taken the unusual step of asking the Mayor to read these comments into the record because I feel this is a very important step for the College, the neighborhood, and for the community as a whole. SRCC MINUTES (Regular) 8/17/98 Page 8 SRCC MINUTES (Regular) 8/17/98 Page 9 "The negotiations between College and neighborhood over the past two years exemplified our goal of community-based planning. I have great respect for all those whose hard work brought us to this point. The end result, before you this evening, will allow the College to thrive, while respecting the concerns of the neighbors for their quality of life. "I cannot vote this evening. However, I have fully reviewed the record, including tonight's staff report and the minutes of the Planning Commission. I would have no problem in approving the Statement of Overriding Considerations, based on Dominican College's well documented contribution to the economic, social, and cultural fabric of our community. "I know that you will listen carefully to the testimony this evening, and do the right thing when it comes time to cast your votes. I felt compelled, however, to add my voice to those urging you to approve the Dominican College Development Plan applications. Thank you for considering my comments. Sincerely, Paul M. Cohen, Councilmember". Mayor Boro noted that when this project first started it was very controversial, not from the point of view that the neighbors had been against the College, rather they were concerned about how the College was going to impact them. He stated the College was not out to hurt the neighborhood, they were concerned with making themselves competitive, so they could present a campus in a set of facilities that would allow them to grow in the future. Mayor Boro believed that by working together over the past couple of years they had certainly achieved this, and the mere fact that no one had spoken in opposition during the public hearings last week or tonight, was very telling. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution approving the Statement of Overriding Considerations, Finding of Facts regarding Impacts and Alternatives, and Mitigation Monitoring and Reporting Program. RESOLUTION NO. 10300 - RESOLUTION APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS, FINDINGS OF FACT REGARDING IMPACTS AND ALTERNATIVES, AND A MITIGATION AND REPORTING PROGRAM FOR THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution approving the General Plan Amendment. RESOLUTION NO. 10301 - RESOLUTION APPROVING A GENERAL PLAN AMENDMENT (GPA97-2) FOR DOMINICAN COLLEGE. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 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 P/QP (PUBLIC/QUASI-PUBLIC), R-10 (SINGLE FAMILY RESIDENTIAL, 10,000 SQ. FT. MINIMUM LOT SIZE), AND Rla-H (SINGLE FAMILY RESIDENTIAL, 1 ACRE MINIMUM, HILLSIDE OVERLAY) TO PD (PLANNED DISTRICT) FOR THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN.". Councilmember Phillips moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance No. 1730 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution approving the Master Use Permit, Master Environmental and Design SRCC MINUTES (Regular) 8/17/98 Page 9 SRCC MINUTES (Regular) 8/17/98 Page 10 Review Permit, Environmental and Design Review Permit for Phase I, Design Review Permit for four parking spaces at Caleruega Hall, and a Height Exception for the Recreation Center. RESOLUTION NO. 10302 - RESOLUTION APPROVING A MASTER USE PERMIT (UP97- 45), A MASTER ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN (ED97-146), AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR PHASE I OF THE CAMPUS DEVELOPMENT PLAN (ED97-89), AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR FOUR PARKING SPACES AT CALERUEGA HALL PARKING LOT (ED96- 154), AND A HEIGHT EXCEPTION (EX98-1) FOR DOMINICAN COLLEGE (55.1 ACRES) AT ACACIA AND GRAND AVENUES (AP NOS. 15-141-02, 15-142-03, 15-142-04, 15-161-01, AND 15-162-02). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen There being no further business to come before the City Council, the meeting was adjourned at 8:45 PM to the lobby for a reception hosted by Dominican College representatives. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL2 SRCC MINUTES (Regular) 8/17/98 Page 10