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HomeMy WebLinkAboutSPJT Minutes 1998-04-20SRCC/SRRA MINUTES (Spec. Jt.) 4/20/98 Page 1 IN THE COUNCIL CHAMBER, CITY OF SAN RAFAEL, MONDAY, APRIL 20, 1998, AT 8:03 PM Special Joint Public Hearing: Present: Albert J. Boro, Mayor/Chairman San Rafael City Council/ Barbara Heller, Councilmember/Member San Rafael Redevelopment Agency Cyr Miller, Councilmember/Member Gary O. Phillips, Councilmember/Member Absent: Paul M. Cohen, Councilmember/Member Others Present: Rod Gould, City Manager/Executive Director Gary Ragghianti, City/Agency Attorney Jeanne M. Leoncini, City Clerk/Agency Secretary SPECIAL JOINT PUBLIC HEARING - CERTIFICATION OF THE FINAL EIR AND ADOPTION OF THE MAHON CREEK FINAL CONCEPTUAL PLAN (RA) - File (SRRA) R-375 x R-390 x (SRCC) 4-10-296 Mayor/Chairman Boro declared the public hearing opened, and asked for the staff report. Senior Planner Katie Korzun stated the portion of Mahon Creek being considered this evening was a portion that runs from Highway 101, behind the existing Corporation Yard, along the back end of what will soon be the Fair, Isaac corporate campus, and extends into Albert Park. She stated most people do not know the creek is there, noting it is most identifiable as the ditch in front of WildCare facility; however, the visibility of the creek will increase shortly, when Andersen Drive opens, and people will be able to cross Lindaro Street and see the creek. Ms. Korzun noted the creek is approximately 25 to 30 feet in width, with very steeply eroded banks on both sides. Ms. Korzun reported the EIR preparation began with a Notice of Preparation, and a Planning Commission scoping session in April, 1997, and when the Draft EIR was completed, it was circulated for a 45 day review period. The Planning Commission reviewed the Draft EIR in November, 1997, and directed a Response to Comments be prepared. Ms. Korzun noted the Response to Comments was delayed somewhat because staff was focusing on the Fair, Isaac project. She reported the Response to Comments was completed in February, noting staff received a number of comments and eleven comment letters. Most of the comments were statements of opinion, or items that were clarified in the EIR, and no substantive changes were made. However, she reported staff did change the draft plan, noting many of the comments made were excellent ideas, and they were incorporated into the plan. Ms. Korzun stated staff held a Public Hearing with the Planning Commission on March 24th to review the Response to Comments, where it was brought to staff's attention that a letter from MCL (Marin Conservation League) dated October 28, 1997 had been omitted from the Response to Comments. She noted that letter was evaluated at the meeting; however, there were no new issues raised, and no changes were made to the EIR. Ms. Korzun reported the Final EIR determined there would be impacts in several areas. Mitigation measures were identified for each of those impacts, and included in a Mitigation Monitoring and Reporting Program. In addition, many of the items in the Response to Comments were incorporated into the final plan. She reported they found no significant or unavoidable impacts, unavoidable cumulative impacts, or growth inducing impacts, and implementation would not require the long-term commitment of any natural resources. Overall, it was determined the long-term environmental impacts would be positive, because there would be some enhancement of the biological environment. Ms. Korzun stated the EIR was prepared in accordance with the California Environmental Quality Act, as well as the City's and Agency's Environmental Review procedures, and on March 24th the Planning Commission, in their review of the EIR, determined it was adequate, and recommended Agency and Council certification. Referring to the Mahon Creek Final Conceptual Plan, Ms. Korzun stated staff believed the plan was an effort to bring together three different areas noted in the General Plan, pointing out they were trying to make this an essential part of our Flood Control System, to recognize recreational opportunities, and to preserve and improve valuable habitat resources. She stated that in the past there have been policies regarding these issues, but they have never been addressed in a coordinated manner with regard to Mahon Creek, noting it has SRCC/SRRA MINUTES (Spec, Jt.) 4/20/98 Page 1 SRCC/SRRA MINUTES (Spec. Jt.) 4/20/98 Page 2 always been incremental, focusing on just one issue to the detriment of others. Now staff was attempting to bring all three of those items into everyone's consciousness at one time. Ms.Korzun reported the preparation of the plan was an interactive process, noting data was gathered and the information was discussed in public. She complimented Fair, Isaac for giving staff the opportunity to make a presentation on Mahon Creek to almost twenty-three different Neighborhood Associations. She stated all the information went back into the EIR or the plan, substantially revising the plan to where they now have a completely different document. Ms. Korzun noted many of the large visual displays taken to the neighborhood Fair, Isaac meetings have been disposed of, because they were misleading, and the plan no longer reflects what had been shown. She reported staff now had a conceptual level plan, which will guide our actions in the future. Ms. Korzun stated staff would like to develop the creek, not as a linear park, but as a corridor, that has wildlife habitat, flood control, and recreation. She noted in terms of wildlife habitat and flood control, they were going to change the creek cross-sections in most areas, pointing out they are very steep vertical banks, and wherever they can, they are going to lay those banks back to a more gentle slope, which will allow wetlands vegetation to establish itself. Regarding recreation, she reported that wherever possible there will be a joint recreational bike path, maintenance access, noting this would generally begin at Lindaro Street, extend behind Fair, Isaac and the Corporation Yard, pick up on the new bridge addition which will be on West Francisco Boulevard, and then take people up to the Transportation Center. Ms. Korzun stated the path will be as far back from the creek as they can make it, and there will be a flat 40 to 50 foot wide area on top of the bank. She pointed out this area did not exist six weeks ago, because it was occupied by Summit Tree Care and Brandon Tires, and there is now a wide swath of area where we can create the decreased banks, as well as landscape with appropriate materials and provide a bike path. Because there will be habitat enhancement on those slopes, staff has included policies to protect those new wetland areas from the activities around them, noting the biggest concern has been the pedestrian bike path, and how we can keep people on the path and out of the creek and habitat area. Therefore, there will be restrictions regarding the types of fencing, landscaping, the barriers along the bike path, and the location of the path. Ms. Korzun reported the plan also includes design standards for each particular element of the plan. She stated they have also included a section on Design Intent, which breaks down into three different segments, each of which will have to be treated differently. For example, the creek banks in Albert Park will not be treated the same as those in the area behind the Fair, Isaac complex, and the small section between Highway 101 and Francisco Boulevard West would be yet another very different situation. Therefore, if we were to get a project that focused on one of those geographical areas, rather than on programmatic flood control, staff would know what we could do in each of those specific segments. Ms. Korzun stated plan implementation was going to be incremental, and would likely involve multiple agencies. For example, if the Park and Recreation Commission were to find the money to do the improvements in the Albert Park Master Plan, that would go forward, and if we were to find the money for flood control improvements, we could do those improvements throughout the entire project. Ms. Korzun stated staff was going to begin trying to identify distinct projects, find the money for them, and then design the particular segment or function of the creek to be consistent with the concept plan, and bring a more detailed plan for the segment they have funded back to the appropriate review bodies, such as the Park and Recreation Commission or the Agency. Ms. Korzun reported staff had reviewed the plan for consistency with the General Plan, noting there were fourteen different policies in the General Plan that relate to Mahon Creek in some way, or the different flood control or habitat issues, and they have found the plan is consistent with all of those. She pointed out there were some inconsistencies with the Zoning Ordinance, noting there is a mitigation measure which states they will be putting a wetlands overlay on the creek area. They found it was consistent with the EIR, and the majority of the mitigation measures that were identified have been incorporated, and are listed in the Mitigation Monitoring and Reporting Program. Ms. Korzun stated staff's conclusion is that the final Concept Plan is consistent with the General Plan and the EIR, and will be consistent with Zoning, and noted it has been recommended for approval by the Planning Commission. Councilmember/Member Heller stated she was pleased we were not losing any parking spaces near Albert Park, because she felt that when the creek is brought up to standard, we were going to have a lot more visitors coming into the park. In addition, she believed Fair, Isaac would also be using those facilities. She noted Fair, Isaac, was contributing $250,000 for the installation of the SRCC/SRRA MINUTES (Spec, Jt.) 4/20/98 Page 2 SRCC/SRRA MINUTES (Spec. Jt.) 4/20/98 Page 3 bike and pedestrian path on a section near them, and asked if that would take care of the whole section near their building, or if we would have to find funding to enhance what they were putting in? Ms. Korzun reported we would have to supplement that to some extent, noting the monies they were putting up would be for the installation of the bike path, and some corollary landscaping around it. She stated the emphasis was on installing a bike path that would safely transition the school children from Davidson School to Francisco Boulevard West. Staff was trying to work that into the Andersen Drive Landscaping Plan as much as possible, trying to get a segment of it completed, and they would be looking at how far they could make that money go. Councilmember/Member Phillips noted Ms. Korzun referred to the bike path several times, noting the usage would likely be enhanced because of the creek, but pointing out there would also be more intrusion on the creek itself. He asked what provisions would be taken to prevent intrusion by animals? Ms. Korzun reported a recommendation had been made to install a well concealed, 42 inch high chain link fence part way down the bank on the slope area, which would prevent animals from going down in there. She stated that would have to be looked at, noting another environmental group had brought up the issue of whether it would trap animals in the creek. She stated the Agency was sensitive to the fact that people often run up and down a path with dogs, and if the dogs are not leashed, there could be difficulties. Mr. Phillips asked if those kinds of issues would be covered at a later date, as we get further into the development? Ms. Korzun stated that was correct. Mayor/Chairman Boro stated he assumed, since we had been successful in receiving State grants and other types of money for work on our Shoreline Park, that as we go forward we will look for grants as a way of completing this project, as well. Ms. Korzun stated she had received a major package of information from the U.S. Fish and Wildlife Service, noting that over the next 18 months, they have a series of million dollar grants which she is looking into. Mayor/Chairman Boro invited public comment. John Walters, representing the Marin Chapter of the California Native Plant Society, read a letter from the Society for inclusion into the record, quoting, "The Marin Native Plant Society welcomes the opportunity to comment on the Final EIR of the Mahon Creek Conceptual Plan. "Our Comments on the Mahon Creek Conceptual Plan have, from the beginning, concentrated on the hydrology of the creek channel, and the native plants which are indigenous to the tidal channel, and the native trees, shrubs, and vines which grow on the banks and the top of the creek channel. "We believe that the Final Conceptual Plan has integrated the objectives of this document and comply with the San Rafael General Plan 2000. The general Design Standards regarding Wetland Replacement, Channel Stabilization, Setback -Wetland, Setback -Creek bank, Plant Materials, Pedestrian/Bike path, and recreation are well stated, and we hope that they will be fully implemented. "Since this plan will be implemented in segments, it is important that there be full compliance with the design standards for each individual segment. We realize that funding for the final design plan are not at present realized. We note the paragraph found in the Draft EIR Page 3-17, which states, 'Where appropriate, a biologist experienced in wetland creek enhancement shall be consulted to advise on the design of the proposed wetlands, buffer zone and/or creek enhancement'. This statement is very important to this plan. We firmly believe that a biologist should be fully involved in each segment, and that funding for a biologist be a prime consideration. "We recommend that the San Rafael City Council approve the Mahon Creek Final Plan as presented in the document before you". There being no further public comment, Mayor Boro closed the Public Hearing. SAN RAFAEL REDEVELOPMENT AGENCY Member Miller moved and Member Heller seconded, to adopt the Resolution certifying the Final Environmental Impact Report. RESOLUTION NO. 98-14 - RESOLUTION CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE MAHON CREEK FINAL CONCEPTUAL PLAN. SRCC/SRRA MINUTES (Spec, Jt.) 4/20/98 Page 3 SRCC/SRRA MINUTES (Spec. Jt.) 4/20/98 Page 4 AYES: MEMBERS: Heller, Miller, Phillips & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: Cohen Member Heller moved and Member Phillips seconded, to adopt the Resolution adopting the Final Conceptual Plan, and approving the Mitigation Monitoring and Reporting Program. RESOLUTION NO. 98-15 - RESOLUTION ADOPTING THE MAHON CREEK FINAL CONCEPTUAL PLAN AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM. AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: SAN RAFAEL CITY COUNCIL Heller, Miller, Phillips & Chairman Boro None Cohen Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution adopting the Final Conceptual Plan and approving the Mitigation Monitoring and Reporting Program. RESOLUTION NO. 10168 - RESOLUTION ADOPTING THE MAHON CREEK FINAL CONCEPTUAL PLAN AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM. AYES: COUNCILMEMBERS:Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Cohen There being no further business, the meeting was adjourned at 8:25. JEANNE M. LEONCINI, CITY CLERK/AGENCY SECRETARY APPROVED THIS 1998 DAY OF VICE -MAYOR OF THE CITY OF SAN RAFAEL/ REDEVELOPMENT AGENCY VICE CHAIRMAN SRCC/SRRA MINUTES (Spec, Jt.) 4/20/98 Page 4