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HomeMy WebLinkAboutCC Minutes 2002-04-15SRCC Minutes (Regular) 04/15/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 15, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:30 PM Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM: Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None a) Margaret L. Zitek, Trustee, et al. v. City of San Rafael Marin County Superior Court Case No. CV005119 (Now pending in the First District Court of Appeal) City of San Rafael v. Margaret L. Zitek, Trustee, et al. Marin County Superior Court Case No. CV010768 b) MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of Calif., Case No. C003785 City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. 8:04 PM Councilmember Cohen moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Regular Meeting of Tuesday, April 2, 2002 (CC) 3. Call for Applications to Fill Three, Four -Year Terms on Park & Recreation Commission Due to Expiration of Terms of Commissioners Ralph Mihan, Fred Warnecke and Craig Yates (Terms Expiring End of May 2002) (CC) — File 9-2-4 4. Summary of Legislation Affecting San Rafael (CM) - File 116 x 9-1 RECOMMENDED ACTION Minutes approved as submitted. ADDroved staff recommendation: a) Called for applications to fill three, four-year terms on the San Rafael Park and Recreation Commission, to expire the end of May, 2006; b) Set deadline for receipt of applications, Tuesday, May 7, 2002, at 12 -noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, May 20, 2002, commencing at 6:30 PM. ADDroved staff recommendation: SJR 36 Federal Highway Funding. Senator Murray — SUPPORT AB 1777 & SB 1261. State Budget. Assembly Member Cardenas & Senator Peace — SUPPORT, only if local government revenues are not harmed. SRCC Minutes (Regular) 04/15/2002 Page 1 6. Resolution Authorizing the City Manager to Enter into an Agreement with The Parking Network for Professional Services to Write Equipment Specifications for Multi -Space Parking Meters, Parking Access/Revenue Control Equipment and Management Software (MS) — File 4-3-402 X 11-18 7. Resolution Authorizing the Mayor to Sign a Reimbursement Agreement with the Marin Telecommunications Agency Related to Lease Payments for Fiber Optic Strands Installed in City of San Rafael Under a Lease Between the Marin Telecommunications Agency and Metromedia Fiber Network Services, Inc. (PW) — File 4-13-101 x 12-18 8. Resolution Approving Final Map of Subdivision Entitled "Map of Chapel Cove Phase I" (PW) — RIP 5-1-34? SRCC Minutes (Regular) 04/15/2002 Page 2 RESOLUTION NO. 11054 — RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PARKING NETWORK, INC. FOR PROFESSIONAL SERVICES TO WRITE EQUIPMENT SPECIFICATIONS FOR MULTI -SPACE PARKING METERS, PARKING ACCESS/REVENUE CONTROL EQUIPMENT AND MANAGEMENT SOFTWARE (1 Year Agreement commencing 4/15/02 and ending on 4/14/03) RESOLUTION NO. 11055 — RESOLUTION AUTHORIZING THE MAYOR TO SIGN A REIMBURSEMENT AGREEMENT WITH THE MARIN TELECOMMUNICATIONS AGENCY RELATED TO LEASE PAYMENTS FOR FIBER OPTIC STRANDS INSTALLED IN THE CITY OF SAN RAFAEL UNDER A LEASE BETWEEN THE MARIN TELECOMMUNICATIONS AGENCY AND METROMEDIA FIBER NETWORK SERVICES, INC. RESOLUTION NO. 11056 — RESOLUTION APPROVING FINAL MAP ENTITLED "MAP OF CHAPEL COVE PHASE I" (APN: 184-052-08) 9. Resolution to Authorize Public Works Director to RESOLUTION NO. 11057 — Enter Into an Agreement with Kimley-Horn and RESOLUTION ACCEPTING THE Associates, Inc. for Professional Services to Design SCOPE OF SERVICES AND Traffic Signal Modification and Upgrade at Eight AUTHORIZING THE PUBLIC WORKS Intersections in Downtown (PW) — DIRECTOR TO ENTER INTO AN File 4-3-403 x 11-10 AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $29,795 FOR THE DESIGN OF TRAFFIC SIGNAL MODIFICATION AND UPGRADE AT EIGHT INTERSECTIONS IN DOWNTOWN (Term of Agreement from 4/15/2002 and ending no later than 6/30/2003) 10. Resolutions Authorizing Street Closures re: (RA) a) RESOLUTION NO. 11058 — File 11-19 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY a) Earth Day — April 21, 2002 STREETS FOR THE EARTH DAY b) Weekly Downtown Farmers' Market Festival on CELEBRATION ON SUNDAY, Thursday Evenings from May 2 — September 26, APRIL 21, 2002 2002 C) 15th Annual May Madness Classic Car Parade, b) RESOLUTION NO. 11059 — May 18, 2002 RESOLUTION AUTHORIZING THE d) Italian Street Painting Festival 2002, June 8 — 9, TEMPORARY CLOSURE OF CITY 2002 STREETS FOR THE WEEKLY DOWNTOWN FARMERS' MARKET FESTIVAL ON THURSDAY EVENINGS FROM MAY 2 — SEPTEMBER 26, 2002 c) RESOLUTION NO. 11060 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE 15TH ANNUAL GREG BORRELLI'S MAY MADNESS CLASSIC CAR PARADE ON MAY 18, 2002 SRCC Minutes (Regular) 04/15/2002 Page 2 SRCC Minutes (Regular) 04/15/2002 Page 3 d) RESOLUTION NO. 11061 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE YOUTH IN ARTS ITALIAN STREET PAINTING FESTIVAL 2002 ON JUNE 8 — 9, 2002 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller and Phillips (from item #2 only, due to absence from meeting.) The following item was removed from the Consent Calendar for discussion, at the request of Councilmembers Heller and Cohen: 5. DISTRIBUTION OF PROPOSITION 40 PER CAPITA FUNDS (CS) — FILE 116 x 12-15 x 9-3-65 x 9-3-66 Councilmember Heller commented that from the breakdown, this appeared to be a very good use of the funds; however, she noted that $35,000 had previously been identified for improvements at Sun Valley Park, and inquired as to the status. Responding, Community Services Director Carlene McCart stated that the improvements, which include the fencing, benches and a new water fountain, have been installed. The remaining portion of the work will be to overlay the asphalt around the restroom and picnic areas. She indicated that this is presently being worked on, with a projected completion date of late summer. Councilmember Heller inquired whether further funding was available for this Park. Ms. McCart stated this completes all the priorities of the neighborhood. Remarking on the enhanced condition of the softball fields and the addition of a kiddy playground at Bernard Hoffman, Councilmember Cohen noted, however, the lack of a restroom facility. He inquired as to whether the possibility of including this on the list, together with funding, etc., had been discussed with the Park and Recreation Commission. Ms. McCart stated that the Park and Recreation Commission conducted a nine-month priority setting process, which included meetings in each of the four quadrants of the City, and this was not raised as a priority for North San Rafael. She indicated that a restroom to serve a park of this size would cost approximately $100,000, which is similar to the amount expended at Pickleweed Park for the outdoor facility. While not advocating changing the list at this late stage, Councilmember Cohen believed it to be something that should be evaluated. He noted that by conducting the study geographically, it perhaps, would not make the list; however, he believed it to be a pretty high priority for parents of girls spread throughout the community who play softball. Community Services Director McCart stated they will keep it on the list. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 11062 — RESOLUTION APPROVING THE DISTRIBUTION OF PROPOSITION 40 PER CAPITA FUNDS IN AMOUNT OF $265,000 Bret Harte Park Playground Renovation $ 50,000 Santa Margarita Park Playground Renovation 40,000 Gerstle Park Tot Lot Renovation 50,000 McInnis Skatepark 115,197 Playground Safety 9,803 Total $265,000 AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING/ DISQUALIFIED: COUNCILMEMBERS: Miller (due to conflict of interest.) SRCC Minutes (Regular) 04/15/2002 Page 3 SRCC Minutes (Regular) 04/15/2002 Page 4 SPECIAL PRESENTATIONS: 11. INTRODUCTION OF NEW EMPLOYEE: BRIAN AUGER, EVENTS COORDINATOR (RA) — FILE 140 x 7-4 x (SRRA) R-58 Economic Development Director Nancy Mackle stated it was her pleasure to introduce Brian Auger, new Events Coordinator. She indicated that Brian, originally from the East Bay, was now a Marin County resident and brings over twenty-five years of experience in Events, primarily with Bill Graham; however, also community events and street festivals. Ms. Mackle stated that although Mr. Auger has been with the City merely two weeks, he is fitting right into the Blue House. In welcoming Brian Auger, Mayor Boro indicated that the City looked to him for assistance, not only with the events already in place, but those yet to come. Mr. Auger indicated it was an honor to be here. 12. URBAN SEARCH AND RESCUE TEAM, JOINT PRESENTATION (FD/PW)— FILE 13-11 x 7-4-6 x 9-3-31 x 9-3-40 Mayor Boro reported on the earlier presentation to the City Council of the joint effort between the Fire and Public Works Departments on Urban Search and Rescue. He indicated that the team consisted of 33 Fire Department personnel and 22 Public Works personnel, trained to work together in a disaster of any type. Mayor Boro reported that the City Council had the opportunity to meet some of the crew this evening and also to review some of the equipment to be used. In addition, a video presentation was shown. Mayor Boro thanked City Manager Gould, Fire Chief Marcucci, Public Works Director Bernardi and Assistant Public Works Director/Maintenance Prim for their foresight, and for bringing this effort to fruition. PUBLIC HEARINGS: 13. Public Hearing — 50 CANAL STREET - ADOPTION OF THE PICKLEWEED COMMUNITY CENTER EXPANSION CONCEPTUAL PLAN, INCLUDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (CS) — FILE 12-5 x 9-3-65 x 9-3-66 x 2-18 Mayor Boro declared the public hearing opened. Community Services Director Carlene McCart clarified that the address of the Pickleweed Community Center is 50 Canal Street. Ms. McCart stated staff recommended adoption of the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and approval of the Pickleweed Community Center Expansion Conceptual Plan. She reminded Council that in August, 2001, the Conceptual Plan for expansion and renovation of the Pickleweed Community Center was presented. This Plan was that recommended by the community and the Park and Recreation Commission. She indicated that it addressed all of the community priorities at that time, and still does, and was projected to have a total cost of $6.5 -million. Ms. McCart reported that Council approved the Plan, which included renovation of the existing 11,000 square -feet, and the addition of a further 12,000 square -feet to the Community Center. She indicated that at that time, the funding strategy was also approved as staff embarked on collecting the $6.5 million needed to complete the project. Ms. McCart explained that part of the funding strategy was to apply for State Library Bond Act, Proposition 14, funds. The third portion of the approval process on that evening requested staff to return to the community and prioritize the plans so that if, in fact, the funding strategy fell short, other plans would be set in motion to construct all or portion of the original plan. Ms. McCart stated that as of tonight, the Proposition 14 application is underway. Part of the application materials calls for the project to demonstrate that the environmental review process under the California Environmental Quality Act is complete. This also requires the adoption of a Negative Declaration and approval of the plan once again. Ms. McCart explained that the plan has not changed since August; it calls for an expanded Learning Center, computer rooms, additional classrooms, an art room, lobby/reception area, new entry plaza, a gymnasium, teen room and staff spaces, together with expanded deck, landscape and parking. She indicated that the potential impacts were identified with respect to seismic related ground failure, and ground settlement and mitigation measures were prepared by Economic Development SRCC Minutes (Regular) 04/15/2002 Page 4 SRCC Minutes (Regular) 04/15/2002 Page 5 Coordinator Katie Korzun. Ms. McCart stated mitigation for the soil condition is to incorporate the building pad and sub -grade preparation recommendations in the soils report and to construct the building to elevations sufficient to accommodate the expected settlement. She indicated that no other impacts were identified. Ms. McCart reported that the Mitigated Negative Declaration was circulated for the twenty -day review period, which commenced in March, and to date, no comments have been received. Regarding the fiscal impact, Ms. McCart stated that tonight's action permits staff to go forward with the Proposition 14 application. $600,000 is being requested from the State, to be applied to the portion of the plan relating to library services. Ms. McCart outlined Council's options, which were to either adopt the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program and Conceptual Plan or identify and request staff to address additional environmental impacts and include additional mitigation measures to reduce the impacts to insignificant levels. Councilmember Heller confirmed that this is essentially the same plan as evaluated previously. The Negative Declaration would permit the application to be made for funds for the library, etc. Noting the application was due in June, she inquired as to when a final decision would be made. Ms. McCart stated that June 4t" is the application date and it was her understanding there would be a six-month review period before making an announcement. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 11063 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING THE PICKLEWEED COMMUNITY CENTER EXPANSION CONCEPTUAL PLAN — 50 CANAL STREET AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. Public Hearing — TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON FRANCISCO BOULEVARD WEST BETWEEN RICE DRIVE AND ANDERSEN DRIVE (PW) — FILE 12-18-14 x 12-18 Mayor Boro declared the public hearing opened. Public Works Director Dave Bernardi stated this was a recommendation to establish an Underground Utility District on Francisco Boulevard West, between Rice Drive and Andersen Drive. Staff recommends adoption of the Resolution on conclusion of the public testimony. Explaining the background, Mr. Bernardi stated that in March, 2002, Council adopted a Resolution setting the public hearing for this evening. The proposed District would improve the aesthetics of the area and enhance the business climate along Francisco Boulevard. He indicated that this is a Rule 20B project. Normally, the City has used a Rule 20A project whereby the utility companies pay for the undergrounding. Mr. Bernardi stated that because the City has taken an advance on its undergrounding funds, the Redevelopment Agency has put forward $1.5 -million to fund the project. The new buildings were undergrounded during the course of their construction. Mr. Bernardi stated that this work has to be coordinated with Caltrans and the widening of Highway 101, which is currently underway. According to Caltrans, this work will be completed by February, 2004; therefore, the Resolution establishes the undergrounding has to be completed by this date. Mr. Bernardi stated staff recommends adoption of the Resolution. There being no comment from the audience, Mayor Boro closed the public hearing. Thanking both Redevelopment and Public Works staff, Mayor Boro stated this opportunity arose when it became apparent Highway 101 was to be widened, and although there is a considerable amount of money involved, it is at a greatly reduced cost and would be good for the City. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. SRCC Minutes (Regular) 04/15/2002 Page 5 SRCC Minutes (Regular) 04/15/2002 Page 6 RESOLUTION NO. 11064— RESOLUTION ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ON FRANCISCO BOULEVARD WEST BETWEEN RICE DRIVE AND ANDERSEN DRIVE AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. Public Hearing — (CD) GENERAL PLAN AMENDMENT: RESOLUTION APPROVING AMENDMENTS TO THE SAN RAFAEL GENERAL PLAN 2000 a) REQUEST FOR A GENERAL PLAN AMENDMENT, REZONING AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATIONS FOR CONSTRUCTION OF A NEW 7,750 SQUARE -FOOT MUSEUM FACILITY WITH UNDERGROUND PARKING FOR 14 -CARS FOR MARIN HISTORY MUSEUM ON PROPERTY LOCATED AT 1125 "B" STREET (APN: 011- 131-03); AND LEASE AGREEMENT WITH THE MARIN HISTORY MUSEUM OUTLINING THE TERMS AND CONDITIONS OF USE OF CITY PROPERTY IN BOYD PARK FOR THE CONSTRUCTION AND OPERATION OF A MUSEUM; FILE NOS. GPA 00-5, ZA 00-11 AND ED 00-116 — FILE 115 (2000) x 2-10 x 10-2 x 10-3 x 236 x 9-3-65 x 9-3-66 x 2-8-14 Mayor Boro explained this item was comprised of part a), the History Museum, and b), a housing development project. For the benefit of the audience he stated they are grouped together, because at one point, the City Council will be required to act on a General Plan Amendment. Under State law General Plan Amendments are only allowed four times per year; therefore, this evening, two General Plan Amendments have been combined and will be acted on as one. Mayor Boro declared the public hearing opened for a Request for a General Plan Amendment, Rezoning and Environmental and Design Review Permit Applications for Construction of a new 7,750 Square -foot Museum Facility with Underground Parking for 14 cars for the Marin History Museum on Property located at 1125 "B" Street. Bill Tuikka, Current Planning, stated that on February 26, 2002, the Planning Commission recommended adoption of a Mitigated Negative Declaration, a General Plan Amendment, a Zone Change and an Environmental and Design Review permit for a new museum facility to be located in Boyd Park. He indicated that the Planning Commission meeting was the culmination of over seven years of planning by the Marin County Historical Society and many meetings with City Boards and Commissions. Mr. Tuikka reminded Council that a complete background and discussion of this project was laid out in the report to the Planning Commission and was included in this evening's packet. Mr. Tuikka explained that at the February 26th meeting, the Planning Commission voted to recommend approval of the project; however, expressed some concern regarding whether the project would affect the extensive root system of the large Camphor tree, known as the "Story Tree", located behind the proposed tennis courts. Apparently, the foundation of the storage area was originally planned to have been somewhat closer to the tree; however, the Planning Commission was concerned as to whether the construction would affect it. Mr. Tuikka reported that the Arborist's report (attached to the staff report) indicates that with proper precautions, the project would not have a detrimental effect on the tree. Mr. Tuikka stated the Planning Commission also expressed concern regarding drainage on the project site. Currently, run-off collects on Mission Avenue, and they questioned whether the project would add to this problem. He reported that the City had been aware of this drainage issue for many years and is working to solve the problem. He noted Public Works staff indicated the construction of the museum would not add to this problem; however, Public Works Director Bernardi had indicated that a Capital Improvement Project is planned for next year which would redirect water to B Street instead of towards Mission Avenue. Commenting that the packet also contained a report by Community Services Director Carlene McCart, outlining the City's Lease Agreement with the Marin History Museum, Mr. Tuikka indicated that should Council have questions on the details, Ms. McCart could provide a brief overview. He confirmed the packet also contained a draft Ordinance to amend the zoning of the land area occupied by the museum, from Parks/Open Space to Public/Quasi-Public. The draft states that a summary of this Ordinance would be published; however, the City Clerk indicated it would be published in full, as it is comparatively short. Finally, Mr. Tuikka indicated that Fred Harth of Fred Divine Associates, Architects, was present and could answer questions on the architectural and programmatic details of the new museum. SRCC Minutes (Regular) 04/15/2002 Page 6 SRCC Minutes (Regular) 04/15/2002 Page 7 Merry Alberigi, Executive Director, Marin History Museum, stated that Museum representatives Richard Murray, Carney Campion, Maynard Willms, Steve Borden and Richard Torney were present this evening, together with Museum Architect Jim Ring and staff members, Lynn Skillings and Amy Foster. She expressed their pleasure to be present this evening for the significant milestone in the development of the Marin History Museum, and on receipt of final approvals and lease, the Museum Board can determine the project's schedule. She stated the architect is finalizing the working drawings and the plans are expected to be submitted for plan check sometime in May. Mary Alberigi invited Ken Harth to provide a quick overview of the project. Ken Harth of Fredric Divine Associates, Architects, stated he resides in Novato. Presenting a brief overview, Mr. Harth identified the Boyd Park and leasehold areas on a map. He stated the existing tennis court would ultimately be replaced with an approximately 7,500 square -foot museum, containing permanent exhibit space in the center and temporary exhibit space around the northeast corner, which would facilitate changing exhibits every three to four months. He explained that there are fourteen parking stalls and a 5,000 square -foot facility for storage of all the artifacts not on display. Mr. Harth stated the tennis court would be constructed over the parking garage; the museum rooftop would be landscaped, as would the courtyard, entry plaza and fountain court. He noted the Founder's stone would probably be located somewhere near the border in the front fountain court area; however, this has yet to be decided. Mr. Harth reported it has been determined that the Story Tree, approximately 26 -feet from the building, will survive with proper care during the construction process. Regarding drainage, Mr. Harth indicated having met with Public Works Director Bernardi. He explained that the watercourses literally criss-cross the site, cutting back and eventually dropping into the low spot on Mission Avenue. He stated the conceptual plan is to collect the drainage and divert it down B Street; the leasehold merely has to deal with the water on their site and depositing it into the drainage system. Concerning the drainage question, Councilmember Heller inquired as to when this would be worked on. Public Works Director Bernardi confirmed this was scheduled for next year's Capital Improvement Program and would be converging with the opening. Mayor Boro invited Community Services Director Carlene McCart to comment on the lease arrangement. Ms. McCart reported that negotiations on this project were initiated some seven years ago. All of the Agreement language was completed this morning, and is represented on page 7. She indicated her availability to answer questions concerning the operating lease. Sean O'Connor, Trustee, San Rafael Elks Lodge, 1312 Mission Avenue, reported that subsequent to his speaking with some people today regarding this project, it was requested that he attend this evening to basically restate his points outlined to Council in a memo. Mr. O'Connor stated the Elks are very pleased with the work done and the consideration for the property line has been great. Pursuant to one conversation, the setback easement request, which was presented to the Elks some months ago, has been removed from the table. This, he indicated, was dealing with the ventilation of the garage. It has been reworked and is no longer an issue for the Elks. Their issue concerns getting along with their neighbors. Mr. O'Connor explained they wished to ensure that the lighting for the tennis court does not shine down into their terrace and that their events are not impacted by noise levels. He also indicated they favored being notified of Friday and weekend construction work, should that occur; he will contact the museum directly in this connection. Regarding events, Mr. O'Connor indicated that should there be simultaneous events, quite a situation could occur on Mission Avenue; therefore, coordination is necessary. Other than the items mentioned, Mr. O'Connor stated that the San Rafael Elks are fine with the project. Mayor Boro confirmed that Council had received a copy of the letter of today's date referred to by Mr. O'Connor, and indicated that assurance was received from staff concerning the conversations in question. It appeared, therefore, all was on track. Apologizing for the late notice, Mr. O'Connor indicated they work as quickly as possible. There being no further comment from the audience, Mayor Boro closed the public hearing SRCC Minutes (Regular) 04/15/2002 Page 7 SRCC Minutes (Regular) 04/15/2002 Page 8 Noting a series of actions to be taken by Council, on his own behalf, Mayor Boro stated it was rather significant the project was being approved tonight and within five days the new Downtown Plaza would be dedicated, two great events in the downtown. He stated that a number of years ago, the Downtown Vision process addressed the cultural arm up on Mission Avenue, and the Marin History Museum's predecessors in the then Historical Society and Museum began to work on this expansion. Mayor Boro stated it was a great week for San Rafael to have both these activities come together simultaneously Councilmember Cohen stated that Condition 10 in the Conditions of Approval indicates that the B Street sanitary sewer main is in poor condition. It goes on to state that the sanitary sewer line serving the museum will need to extend to the sewer in B Street, and he inquired how these relate. Responding, Public Works Director Bernardi indicated that the San Rafael Sanitation District will be improving that main within the next couple of years and staff believes that from the volume of flow emanating from that facility, it will not be a problem in the short term. Community Development Director Bob Brown added it was Mr. Bernardi's suggestion that this condition should specify the sewer lateral would be the museum's responsibility. In terms of events coordination, Councilmember Cohen inquired whether a master calendar would be maintained. Ms. McCart confirmed that her office would maintain a master calendar and would coordinate events, ensuring permits for major events in the park are not issued concurrently with the building being used. She indicated that the Elks could certainly be invited to participate in this calendar, thus ensuring coordination on staging of events. Along these lines, Councilmember Heller inquired whether Falkirk provides their master calendar, and Ms. McCart responded affirmatively. Regarding Condition 28 pertaining to amplified music, Ms. McCart confirmed for Councilmember Cohen that amplified music, or amplification of any sound in the park, needs to have a permit from the Community Services Department. She indicated that the type, duration, etc., are monitored and in some cases, neighbors will be notified of times and dates of forthcoming special events which include amplified music. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. a) 1. RESOLUTION NO. 11065 — RESOLUTION ADOPTING A NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A NEW 7,750 SQUARE -FOOT MUSEUM AND FOURTEEN -CAR PARKING GARAGE AT 1125 B STREET, APN 011- 131-03 (Re: Marin History Museum) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: The title of the Ordinance was read: Cohen, Heller, Miller, Phillips and Mayor Boro None None a) 2. "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 PARKS/OPEN SPACE (P/OS) TO PUBLIC/QUASI PUBLIC (P/QP) RE: ZC01-11, 1125 B STREET; APN: 011- 131-03 [PTN] (Re: Marin History Museum)" Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1778 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen commented on how great it was to have arrived at this point, noting from the staff report that discussions with the Society commenced in 1995. He indicated his appreciation for the persistence and dedication in reaching this point and looked forward, not only to the ground -breaking, but also the ribbon cutting. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. SRCC Minutes (Regular) 04/15/2002 Page 8 SRCC Minutes (Regular) 04/15/2002 Page 9 a) 3. RESOLUTION NO. 11066 — RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED00-116) FOR A NEW 7,750 SQUARE -FOOT MUSEUM FACILITY AND FOURTEEN -CAR PARKING GARAGE AT 1125 B STREET, APN 011-131-03 (Re: Marin History Museum) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. a) 4. RESOLUTION NO. 11067 — RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE MARIN HISTORY MUSEUM FOR BOYD GATEHOUSE AND A PORTION OF ADJACENT LAND IN BOYD PARK UPON WHICH THE MUSEUM SHALL CONSTRUCT A NEW MUSEUM BUILDING AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) REQUEST FOR GENERAL PLAN AMENDMENT, REZONING, MASTER USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT, VESTING TENTATIVE MAP AND TRIP PERMIT APPLICATIONS FOR THE RANCHITOS PARK DEVELOPMENT, A MULTI -USE DEVELOPMENT, WHICH PROPOSES 134 SINGLE-FAMILY AND TOWNHOME RESIDENTIAL UNITS, A THREE -ACRE NEIGHBORHOOD PARK, A 12,400 -SQUARE -FOOT CLASSROOM/GYMNASIUM FACILITY (FOR VALLEY CONSERVATIVE BAPTIST CHURCH), A PG&E GAS PRESSURE SUBSTATION AND CREEK RESTORATION/WETLAND MITIGATION AREA ON A 17.6 -ACRES SITE LOCATED AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN: 179-131-01 AND A PORTION OF 179-142-30); FILE NOS. GPA00-02, ZC00-02, UP00-04, ED00-11, TS00-02 AND TP01-01 — FILE 115 (2000) x 10-3 x 10-5 x 10-7 Having a financial interest in PG&E, Mayor Boro recused himself from this item, turning the City Council Meeting over to Vice -Mayor Cohen, and leaving the Council Chamber. Vice -Mayor Cohen declared the public hearing opened and requested the staff report. Commencing with some background, Contract Planner Paul Jensen stated that the Ranchitos Park site encompasses 17.6 acres of land located near the intersection of North San Pedro Road and Los Ranchitos Road. PG&E owns the bulk of the property, which was historically used for underground storage, and a small portion of the site which fronts on North San Pedro Road is owned and occupied by Valley Conservative Baptist Church. Mr. Jensen indicated that the site development subject to review this evening was also subject to a fairly broad pre - application review process which involved a series of neighborhood meetings, community meetings and also a Design Charette with the Vision In Action Committee. Mr. Jensen reported that in early 2000, Signature Properties filed planning applications for the development of a multi -use development to include residential housing, a park site and also the proposed gymnasium and classroom facility. He indicated that through the course of review some changes were made to the project, including a redesign of the storm water drainage system. He explained that at one time, the system was designed to be routed through the San Rafael Meadows Neighborhood; it has been re-routed to Merrydale Road and the pipe system has been upsized to accommodate a one hundred -year storm event. Other changes included full onsite mitigation of wetlands and some changes to the site plan to preserve an existing oak tree. Mr. Jensen stated that through the course of review, some off-site improvements initially proposed along the North San Pedro Road frontage have been modified to accommodate a handful of transportation and traffic issues raised through the process. Regarding the Environmental Review, Mr. Jensen reported that a draft EIR (Environmental Impact Report) was published in the Fall; a final EIR was published in March and reviewed by the Planning Commission. This was prepared by ESA, the City's environmental consultants, and Paul Mitchell from ESA was present this evening in the event of questions regarding the final EIR. Mr. Jensen noted the final EIR concludes that all but four significant impacts can be mitigated. There are four which are unavoidable and adverse and are associated with SRCC Minutes (Regular) 04/15/2002 Page 9 SRCC Minutes (Regular) 04/15/2002 Page 10 cumulative air quality, noise and traffic, specifically with regard to the off -ramp at US 101 and Merrydale. Explaining why this is an unavoidable impact, Mr. Jensen stated that while there is a mitigation site at the signalization of this off -ramp, the realization of this signal is in the hands of Cal Trans, the permitting agency. Until they sign to the effect there actually would be a signal, the City needs to be prudent and consider it may not occur. For that reason, under CEQA (California Environmental Quality Act), it will be necessary to make findings of Overriding Considerations. Staff has drafted these findings and the benefits of the project will need to be weighed with the cumulative impacts. He commented that these impacts would occur regardless of this project or the size of the project. On project merits, Mr. Jensen indicated he would cover four issues: The General Plan Amendment and Rezoning. The General Plan Amendment covers two areas of the General Plan: a change in the land use designation for the residential portion and the park portion of the site and also an amendment to Appendix B — the trip allocation system for the North San Rafael area. He explained that the Amendment to the Land Use Map is logical and also consistent with the implementation direction of the Vision North San Rafael 2010. This document does promote General Plan Amendment and Rezoning of the property to accommodate the proposed mixed uses. With regard to Appendix B, Mr. Jensen stated the recommendation is to return unused trips from the Terra Linda High School site and the former Hartzell School Site Reserve to the General Trip Reserve. These are unused trips for two fully developed properties and would be made available for a Trip Permit for this project. This, he indicated, is consistent with past actions by the City Council and also City policy. With regard to the Rezoning, Mr. Jensen stated that as with the General Plan Amendment, the residential portion and the park portion of the site are proposed for rezoning. The second issue deals with the site plan, and Mr. Jensen explained that the project site plan is designed for full on-site mitigation of seasonal wetlands and some partial on-site mitigation for a native grassland. He indicated that a majority of the native grassland loss, approximately 5.8 acres, would be required to be mitigated off-site. ESA analyzed the habitat benefits of preserving some of the native grassland at the northwest corner of the property, west of the open drainage channel. Staff had initially recommended deleting or relocating six lots in that area to maintain the native grassland. Mr. Jensen stated ESA's analysis was reviewed by both the Planning Commission and the Design Review Board. The third project issue pertains to off-site improvements along North San Pedro Road. Mr. Jensen stated that a number of improvements have been recommended in the EIR or by neighboring property owners, and the plan has been revised to address some of these concerns. He indicated the City Traffic Engineer has also recommended a minimum five-foot widening along the north side of the street to accommodate a smoother travel lane which would also accommodate land area for a potential bike lane. Mr. Jensen indicated Nader Mansourian, Traffic Engineer was present should there be questions on how this works. The remaining issue is that of the park site location. Mr. Jensen indicated that the park site location design was favorably reviewed by the Park and Recreation Commission last summer. They also reviewed an alternative plan to site the park adjacent to the railroad right-of-way; however, preferred the plan before Council this evening. Mr. Jensen indicated that the Design Review Board reviewed the project on two occasions, the major issue being the northwest corner of the site. They did not agree with the initial staff recommendation to delete or relocate the six lots, believing the plan as proposed was acceptable, provided the access for the six lots crossing the open drainage channel was designed with a narrower road and a more sensitive bridge crossing. Likewise, he reported that the Planning Commission reviewed the project on March 26th and reached a similar conclusion. Mr. Jensen stated the recommended action by the City Council requires the adoption of four Resolutions and one Ordinance. These are presented in the appropriate sequence for action; however, he pointed out that the General Plan Amendment Resolution is attached to the first cover report, which pertains to this project and the Marin History Museum. Noting the negative impacts would exist regardless of the size and location of the project; however, the impact of two homes would be less than that of 134, Councilmember Phillips requested further explanation from Mr. Jensen. Mr. Jensen stated the air quality impact, one of four, is caused by changing the General Plan. He explained that the air quality plan published by the Bay Area Air Quality District is based on SRCC Minutes (Regular) 04/15/2002 Page 10 SRCC Minutes (Regular) 04/15/2002 Page 11 the City's General Plan presently adopted. Whenever there is a change in the General Plan it is recognized area -wide; therefore, any time a General Plan is changed which changes the land use designation, there is basically a cumulative air quality impact because it was not considered in the global air quality plan. With regard to noise, Mr. Jensen stated that presently, there are excessive noise levels on the site which emanate from the freeway and adjacent roadways. He indicated that these noise impacts would not change whether with one or one hundred and thirty-four homes. He explained that with less development, that particular noise impact would remain the same. Mr. Jensen explained that the third issue with regard to noise pertains to the railroad right-of- way and here again, with the presence of the railroad right-of-way and the potential for light rail, noise levels would occur, regardless of housing. With regard to the second point on noise, Councilmember Phillips stated that the volume would not increase with the addition of one or two homes; however, with 134, he believed the traffic and general commotion would raise this level significantly. Commenting that this would be slight, Mr. Jensen stated that should Council desire, the Environmental Consultant could respond. Community Development Director Brown stated this is not the impact of noise generation from this development affecting the surrounding neighborhood, rather it is the effect of the noise environment in the area affecting this development. Councilmember Phillips thanked staff for their comments, indicating the issue could be discussed further later. Vice -Mayor Cohen noted a typographical error on the General Plan Amendment pertaining to the Marin History Museum and requested that item 1., page 2, "City Council held a public hearing" be changed to read: "Planning Commission held a public hearing." Vice -Mayor Cohen invited the applicant to address the Council. Mike Ghielmetti, Signature Properties, thanked staff for their excellent work, noting Contract Planner Paul Jensen had done a wonderful job through a long and arduous process. He thanked Community Development Director Brown, City Manager Gould, Public Works Director Bernardi and Principal Planner Kristie Richardson. Reporting that Signature Properties had been involved in this project for approximately five to six years, Mr. Ghielmetti stated the first community meeting took place three and a half years ago and whereas, he may not have agreed with the process then, he expressed his pleasure at being before Council this evening with hopefully, the best possible collective plan. Mr. Ghielmetti indicated it was their opinion the project conforms with the Vision Plan approved. It is a housing opportunity site, providing a park, creek restoration, and drainage solutions, all within an in -fill setting, adjacent to jobs, transportation and a thriving downtown, and hopefully, should be a model as to the way California should grow. Benefits to be derived from the site include affordable housing. Mr. Ghielmetti explained that the City's mandate of 10% is being doubled and technically speaking, the development would qualify as an affordable housing project, the definition of which is 15%. In addition to affordable housing, he indicated it brings much needed mixed income market rate housing, ranging in size from approximately 1,300 square -feet to 2,700 square -feet and will accommodate housing needs for a variety of working people. Mr. Ghielmetti indicated that the development will build and dedicate a park with active and passive uses. He noted it will contain a restroom. The General Plan requires the dedication of less than an acre; however, not only will it be dedicated but will consist of three acres. On-site wetland mitigation is being provided and drainage for the area is being improved such that 17% of the total runoff is runoff which would have gone through the Rafael Meadows neighborhood. Mr. Ghielmetti stated his Consultants, Civil Engineer, Hydrologist who peer reviewed the Civil Engineer's Hydrology reports, and Biologist were all present this evening. Councilmember Heller requested Mr. Ghielmetti identify the public access to the park on the map, noting there was a question on changing the park location. She believed in the final analysis, the access gained from Merrydale appeared to be a very satisfactory final location. Noting different park locations during the past four years, Mr. Ghielmetti explained that one of the reasons people were drawn to this location was the access. He indicated that 127 Merrydale had been purchased to provide access, together with access through North San Pedro Road. He explained that with in -fill developments it is necessary to contend with SRCC Minutes (Regular) 04/15/2002 Page 11 SRCC Minutes (Regular) 04/15/2002 Page 12 surrounding infrastructure; therefore, it is hoped this is the best compromise solution Councilmember Heller inquired whether it would be sufficiently large for baseball games. Mr. Ghielmetti responded that it would probably not accommodate formal organized baseball games; it was designed by the architect to accommodate a restroom, tot lot, tennis court, i.e., active uses up front, sloping down at a steeper angle. Noting the entire project would be phased, commencing in approximately two years, Councilmember Heller inquired as to a final completion date. Mr. Ghielmetti indicated that should approval be forthcoming this evening, they intended to commence in 2003, grading and paving the site in one big phase, subsequently, beginning construction on the homes. He confirmed the park and wetland areas would be front loaded, in the first year. They also intended working with the Valley Baptist Church in building an expansion to include classrooms and an indoor basketball court. Responding to Councilmember Heller's question on an approximate completion date, Mr. Ghielmetti indicated that dependent on market conditions, the project should take approximately three years from commencement. On the question of parking for the park, Mr. Ghielmetti stated this is the amount requested by the Park and Recreation Commission. He indicated that on -street parking would also be available. Dil Kazzaz, Rafael Meadows resident, stated his property borders on the proposed development. He reported having been told the Council might wonder why only one or two people were in attendance this evening to address this issue. He explained his response was that from those occupying the residential units in the effected area of this development, only a few are homeowners and materially affected. The remaining are apartment renters. He indicated being one of the few to address the issue now; however, he envisioned many cries of foul for this development would be heard from others on completion of the project. Mr. Kazzaz quoted the City's EIR Consultant as indicating, a "less than desirable effect" on traffic, noise and the environment. He stated that this "less than desirable" term is new to him and he was presuming it to be good for San Rafael, as so far, the EIR has been acceptable to those responsible for its approval. Mr. Kazzaz stated that this developer paid a biologist to appear and present advice on one EIR issue, native grassland mitigation. The biologist advocated the on-site approach as being more environmentally superior; however, his advice was dispensed with. Mr. Kazzaz stated that the mitigation of wetland and grassland cannot even be good for the birds and is similar to suggesting putting all the trees together in the forest Mr. Kazzaz stated he would not address the traffic congestion at Highway 101 when the project is built, nor question why Merrydale will not receive any improvement with a project of this size. He would not wonder if the developer in protecting this project by purchasing 127 Merrydale knew that the traffic circulation would demand converting it into an entrance. He also indicated he would not address the secret cost of the structure of the land versus the number of units. The element of most consequence to him is the issue of the proposed setback bordering his property. Mr. Kazzaz indicated it is his strong belief he has the support of at least a dozen property owners sharing this concern. Confirming they were not against the development, he questioned why they should be singled out to suffer the most. He indicated that he and his neighbors have from day one requested respect for their privacy by setting some distance between the proposed development and their properties, whether by constructing a buffer or mandating a proper building setback. Mr. Kazzaz stated their homes are one-story with physical setbacks to the fence averaging approximately 50 -feet; the proposed homes will have setbacks of 20 or possibly 22 -feet, which would most likely be used up by a back -covered deck to the fence. Indicating that discussion of this subject commenced in the initial phase of their input, Mr. Kazzaz stated they wanted a buffer initially to achieve privacy and in fact, observed plans developed early with such a buffer; however, those plans disappeared. The indication was that the buffer was not acceptable from a security point of view. Mr. Kazzaz stated that in a clever move the buffer was lost and the only potential solution would be to make the buffer part of the new homes' setback. In this way, neighbors would receive its effect, as would the developer in that the value of otherwise lost land to the buffer would be his gain. Mr. Kazzaz stated it is of significance to note the developer indicated his attempt to achieve the buffer for the neighbors was stopped by the City, and that they accepted one-story buildings in lieu of the buffer, which is untrue. Mr. Kazzaz stated he still had faith in the process underway this evening and encouraged Council not to make this a legal issue. Gregory Andrew, 213 Las Gallinas Avenue, Rafael Meadows, stated he is on the Board of the SRCC Minutes (Regular) 04/15/2002 Page 12 SRCC Minutes (Regular) 04/15/2002 Page 13 San Rafael Meadows Improvement Association and was present this evening in this capacity. He commented that during the course of some public meetings, a fair amount of praise had been given to the developer by the City. He stated that prior to praising them, the City should praise his neighborhood and the neighborhoods of Los Ranchitos. He reported they had been working on this project since the instigation of the Vision process in 1997 and recalled only one missed meeting in that time. He stated they had taken a very civil approach, having attended meetings, made public comment, provided a written record of concerns and had not attempted to drag this project or anyone through the mud. With regard to seven requests he would put forward, Mr. Andrew stated he hoped Council would give serious consideration to the first five. Considering the buffer issue to be over, he believed the impacts could still be mitigated with some type of landscaping screen. Explaining, he indicated they had backyards approximately 50 -feet back; the houses in this development would be 20 -feet from their backyards and would not blend with their community. With the addition of a 3 -foot retaining wall, the homes would be built 3 -feet above grade. Even with the good neighbor fence, in places where the retaining wall is 3 -feet high, the fence would be at most 5 -feet tall; therefore, it would be possible to look down into their yards. He requested that Council direct the Design Review Board to investigate this issue to ensure a proper and adequate landscaping screen along the northern border. Ultimately, he indicated they would like to see a bigger setback and he fully supported Mr. Kazzaz's comments in this connection. 2. Regarding the park and play structures, Mr. Andrew indicated he had followed a lot of the details on this project but could not identify the type of play structures to be installed in the fenced off area. The conceptual rendering he observed, was very under -whelming and he suggested Council direct the Park and Recreation Commission to further review and approve the play structures and provide the option for expansion to accommodate adequate play structures if needed. Mr. Andrew believed the next three issues to have been addressed; however, to gain assurance, he requested some discussion take place. 3. No further additions to the homes, particularly those in area A bordering San Rafael Meadows, no additions to the height, and no buildings coming back into the 22 -foot setback. While this appeared to have been addressed, Mr. Andrew requested absolute assurance. 4. Regarding the timing of the construction of the park and wetland mitigation areas, he wished to have confirmation that tonight's approvals ensure these will be put in first. 5. Mr. Andrew requested there be no off-site construction staging areas or storage. These five issues he believed Council could deal with this evening and indicated there were two further issues which he did not expect action on; however, wished to include for the record. These, he stated, had been articulated to the Planning Commission in a letter dated March 25: 6. Consideration be given to approving only the alternative, which called for retaining the full creek and grassland restoration in the northwest corner of the site, resulting in the loss of five homes. Mr. Andrew believed this to be a very viable, practicable alternative, allowing the project to move forward. It would also help to better equate with the North San Rafael Vision and address some of the impact issues to the neighborhood from housing. 7. Mr. Andrew believed an opportunity could be missed by not relocating the park, i.e., by not locating it out to North San Pedro, those driving by would merely observe a dense housing development as opposed to a park. He recalled that during a site visit, Vice -Mayor Cohen had indicated how great it would be to get the neighborhood behind moving the park up front. He believed that as a neighborhood park, to have it visible out at North San Pedro Road would be the best option for San Rafael Meadows, Los Ranchitos, Santa Venetia, etc. Regarding the setback issue, Mr. Andrew believed the City had chosen to ignore an impact which had been documented and was the subject of testimony. He indicated that City staff's response had been and would be, that under CEQA, only visual impacts from public viewpoints need to be considered. He believed this to be one of the most significant environmental impacts of the project and the City had chosen to ignore it. He noted that at the Planning Commission meeting the Chamber of Commerce made a statement attempting to fabricate a wedge issue. He explained the simple solution to the issue of how close these homes would be to Rafael Meadows is to provide a 40 or 50 -foot backyard SRCC Minutes (Regular) 04/15/2002 Page 13 SRCC Minutes (Regular) 04/15/2002 Page 14 to those bordering Rafael Meadows. He indicated the issue of placing the park or having an easement back there was evaluated; however, they believe a setback in the form of a back yard is the solution. Noting the staff report contained the Design Review Board's review of the project, Mr. Andrew indicated the Design Review Board also wished to review the park access from Merrydale. He noted a summary of some of the issues the Design Review Board wished to continue to evaluate did not reference this and believed the minutes from that meeting would indicate their desire to take a closer look at the access from Merrydale. Mr. Andrew stated that these items are addressed in the Resolution, Attachment No. 5, particularly on pages 5-14 and 5-15. In conclusion, regarding the Overriding Considerations, Mr. Andrew stated the final paragraph relates to the financial return to PG&E and the ratepayers. He explained that all along, they maintained PG&E was a player in the project and wished to ascertain the arrangement between PG&E and the developer merely to understand the options for alternatives and mitigations. He did not see this as an overriding consideration for the City and believed not utilizing the involvement of PG&E and the Church to be an opportunity missed. Noting that Mr. Andrew had followed this issue very closely, Councilmember Phillips inquired as to the impact on the project layout should there be an additional setback. Mr. Andrew indicated it would change the plan, as it would be necessary to have deeper lots, which would in turn, affect the lots to the south. He indicated it could have been initiated with the premise of a 40 or 50 -foot setback to be designed around. One of the criticisms of the alternative park location was that it would produce a long, narrow park; however, Mr. Andrew stated the site plan could have been configured in any number of ways, indicating that in their scoping letter, they suggested five alternative layouts. At this point, he believed it would entail reconfiguring the site plan which he did not realistically expect to happen. Councilmember Phillips inquired of Mr. Andrew as to his sense of the amenities within the park and also his view regarding the intensity of use by the broader neighborhood. Responding, Mr. Andrew indicated he visits many parks and likes the idea of having a park. He noted the North San Rafael Vision rather than the General Plan to be the reason for the park and he views this as the overriding planning document for this site. He believed the park would be used; however, had some concern regarding the adequacy of parking and the location. Councilmember Phillips inquired as to whether the developer had consulted with his organization regarding the play structures to be incorporated into the park. Mr. Andrew indicated they had not specifically; however, this could have been put forward in documentation to the Park and Recreation Commission. He recalled a comment at a Design Review Board meeting to the effect that they normally evaluate one house, and in this instance, there are 134 homes and a park. He was, therefore, uncertain of input on the park. Mr. Andrew stated he believed the park to be designed more around accommodating the project site and increasing the value of the homes. He did not fault the developer for this; they appeared to be wholeheartedly against relocating the park, viewing it as a tremendous amenity to their homes. Paolo Pompanin, 31 Corrillo Drive, San Rafael Meadows stated it was his opinion the size of a park is not necessarily determined by how many people will use it at one time, rather he saw it as a green patch in the middle of a lot of concrete. He commented that he, personally, would not use a crowded park. He reiterated the comments of Mr. Andrew to re-evaluate the plan in connection with certain concerns which have not been properly addressed. Mr. Pompanin understood from staff that CEQA does not require evaluation of the visual impact on neighbors. It did not make sense to him, however, to consider the visual impact of someone, for instance, hiking on a trail or driving on Highway 101, and not consider that of the more than one hundred neighbors. He believed Council should have a high responsibility towards the residents and consider the impact and measures of mitigation. He commented that the ideal solution would be a wider setback, as mentioned by Messrs. Kazzaz and Andrew, and restrictions on expansions. Mr. Pompanin reported he purchased his home eleven years ago, having been drawn to the area by the open field in the back; however, since then, the whole area has gone through an increase in density and congestion which will continue as Merrydale is zoned high-density. He requested Council consider their concerns and evaluate mitigation measures. He echoed Mr. Andrew's comments regarding Alternative 3 recommended by staff to both the Design Review Board and the Planning Commission with regard to mitigating the grassland on SRCC Minutes (Regular) 04/15/2002 Page 14 SRCC Minutes (Regular) 04/15/2002 Page 15 the northwestern corner of the property. He indicated there had been substantial discussion during previous meetings and on hearing from experts, observed all agreed that the value of the grassland mitigated on site was in line with the recommendation by CEQA, being valuable also from an environmental viewpoint. Mr. Pompanin reported an opposing argument is to the effect that affordable housing units cannot be lost; however, as the development is attaining a higher percentage than requested by the City normally, losing one unit would not be of great consequence. Regarding the significant impact the rail will have on this development, Mr. Pompanin inquired how Council, being so supportive of the rail, would balance this. He stated this subject had been raised at rail related meetings; however, his concerns had not been addressed. Mr. Pompanin concurred with Mr. Andrew's proposal to place the park in the rail area, attaching it to the northwest corner of the grassland mitigation area. He believed this would offer a buffer to the development, and if not a mitigation, would be a step towards showing some concern regarding the potential impact. On the drainage system issue, Mr. Pompanin indicated he was still somewhat skeptical concerning its functioning at Merrydale and Las Gallinas, where all the water will converge. Regarding the Vision statement, which recommends the creation of connections between new developments and gathering places, i.e., schools, shopping centers, etc., he stated there was nothing in the plan addressing this point. Regarding the upgrading of North San Pedro Road from Class III to Class II, he noted this issue was raised at the time the Bicycle and Pedestrian Master Plan was approved. The City Council indicated that on an individual basis, should the conditions apply, consideration would be given to upgrading a route. He believed this to be a good example of such conditions, noting the 100 -foot right-of-way with space for a bike lane in both directions, and although it would be a small step, nevertheless, it would connect the new development and surrounding areas with other bike routes. In conclusion, Mr. Pompanin stated neighbors are concerned regarding the outcome of the substantial rodent population to be displaced during the grading phase of construction. Roy Habenicht, Rafael Meadows, stated the map depicted the developed areas but not the surrounding buildings. He indicated that all along Los Ranchitos there are two-story apartment houses with a church on North San Pedro; however, the park would be invisible. He suggested moving the park to the Los Ranchitos area would generate a green belt for all to see, improving the general area and rendering it more accessible. Jeff Schoppert, 587 Montecillo, Terra Linda Neighborhood, indicated he is a resident of North San Rafael and an employer in the City of San Rafael and was present to urge Council to approve the development. He stated he is a lawyer in a law firm in downtown San Rafael, which employs seven lawyers and seven staff members, and those who reside in Marin are actively involved in community service and charitable organizations. He indicated, however, that their biggest barrier to hiring and retaining talented lawyers and support staff is the lack of availability of affordable housing. Mr. Schoppert stated his wife is a public school teacher in North San Rafael and indicates that many of her talented young colleagues are considering changing their jobs to other communities as they are unable to afford to live in Marin County and specifically, San Rafael. Mr. Schoppert stated this proposal provides for 26 affordable housing units, 6 of which are affordable to those whose incomes are in the 50% - 80% range of the median income in this county. This, he noted, is a significant number just because of the high incomes in the county. Nonetheless, it is a start, and quoted a remark by a Councilmember "Our fight for affordable workforce housing in this City is done unit by unit, block by block". He stated there are not many opportunities to create more affordable housing. It threatens the vitality of economic life and the community and on that basis, he urged Council to support a proposal which would provide 26 units that will remain within the affordable range for at least 40 years. He commented that Marin County has a very unique below market rate home ownership program. To his knowledge, it is the only one in the State of California which provides for this type of resale restrictions, i.e., should the home come back on the market, it will be at an affordable rate. John Wyatt, 56 Glenside Way, Los Ranchitos, stated he had been a homeowner in Marin for a third of a century and in Los Ranchitos for not quite five years. He reported having read with interest, the Draft Environmental Impact Report and commenting to the Planning Commission, acknowledgement of which he had not received. He stated he was fortunate enough to reside in an area in the hills which looks down on this development; currently the view is of a large, vacant greenbelt, but he recognizes this is not the best use of this property in Marin. He indicated he has no qualms or objection to mixed housing and applauds the inclusion of SRCC Minutes (Regular) 04/15/2002 Page 15 SRCC Minutes (Regular) 04/15/2002 Page 16 affordable housing. He questioned what percentage increase in affordable housing these 26 townhomes would bring, compared to the effect 200 cars would have on North San Pedro Road and Los Ranchitos Road, both of which are already congested and used as escape routes from the congestion on Highway 101 heading south. Indicating he had not had the opportunity to evaluate the final Environmental Impact Report, Mr. Wyatt stated he would appreciate hearing why these documents are not available via a website, for review at convenient times to the community, thereby affording more active participation in government. He had not seen the final steps agreed upon to mitigate the visual impact, i.e., night sky lighting, which is of importance to those in the hills who are without street lighting. He was not aware of the mitigation steps to be taken with regard to 134 homes, streetlights, parking area lights, park lighting and church lighting, or the mitigation steps on the impact of 250 cars in the three intersection areas. With regard to the aesthetics, Mr. Wyatt stated the final designs do not appear to represent the individual characteristics of the neighborhoods; however, not being an aesthetics expert, he trusted the judgment of those who are. Regarding comments raised concerning the park, having a young nephew and grandchildren, he indicated they would be unable to take advantage of this park as it would be necessary to drive rather than walk due of the lack of sidewalks or bike paths. Mr. Wyatt indicated he looked forward to hearing answers in some form. Elissa Giambastiani, San Rafael Chamber of Commerce, stated she is a Terra Linda resident and also served on the North San Rafael Vision Committee. Subsequent to many meetings on this particular development, Ms. Giambastiani stated they believe the developer has been very sensitive to the neighbors' needs, and although all have not been met, a great deal have. She noted this is a SMART growth development, meaning it is located in a transportation corridor, and in an area with proximity to approximately 10,000 jobs. Some residents would, therefore, be able to walk or ride their bikes to work, which is the purpose of SMART growth in- fill development. She stated this should be borne in mind in discussing traffic concerns. Ms. Giambastiani reported that this project was providing the community with a lot of benefits, including a neighborhood park, 20% affordability, creek restoration, drainage problems solved for many of the homeowners in the neighborhood next door, a 12,000 square -foot facility, and parking lot and classrooms for the church. It, therefore, appeared a lot was being done in a project not so large. Should it be decided to include a larger setback, Ms. Giambastiani stated it would not be possible to obtain the affordability, as it is necessary to have a sufficient number of units. To redo the project to accommodate larger setbacks, would diminish the level of affordability. She stated that attributes include four different housing types and no monster homes. In addition to the affordable component of 20%, there will be market rate homes which will be accessible and attainable to others employed in the community. She also pointed out that no public funds are being used to create this affordable housing; it is being done solely by the developer. Regarding the oat grass mitigation, Ms. Giambastiani stated it was her understanding this is not a threatened species and the choice between six homes for families and mitigation on site was an easy one for her to make. She encouraged Council not to reduce the number of units and approve the project tonight. Reverend Chris Losey, Valley Baptist Church, stated that working with Signature Homes for the past few years has been a privilege. He believed them to have been overly fair, with all the community meetings providing a positive element. In discussions concerning their land exchange, he reported the location of the park was considered. Initially it was proposed to locate it in the back by the wetlands; however, comment was to the effect that a park located in the very back of a development would present an issue of safety. To locate the park on San Pedro Road or elsewhere, however, would reduce privacy; therefore, he believed the current location to be ideal and affords a certain amount of privacy. In addition, the park provides a buffer to the 12,000 plus square -feet two-story commercial church building as well as the 60 plus parking spaces. Concurring that the park is in an excellent location, Reverend Losey stated it also allows some of the wetlands to remain. He confirmed having delivered a number of letters today from Valley Baptist Church members who reside in San Rafael. One of these ladies resides in the San Rafael Meadows area and is very supportive. He commented that a number of community groups use their facility and the SRCC Minutes (Regular) 04/15/2002 Page 16 SRCC Minutes (Regular) 04/15/2002 Page 17 new building will hopefully, be opened up for community use at certain times. As the pastor of Valley Baptist Church, Reverend Losey stated they are fully behind this development. There being no further comment from the audience, Vice -Mayor Cohen closed the public hearing. Councilmember Miller requested staff to address the 7 points raised by Mr. Andrew, together with the issue of bike paths and traffic mitigations raised by Mr. Pompanin. On the issue of the rear setback, Community Development Director Brown stated this developed through the community meetings and Design Charette. He indicated that initially, the 40 -foot buffer came with two-story homes adjacent. The developer heard substantial public input indicating that two-story homes were out of character with Rafael Meadows. Their initial response was that they did not build single -story homes any longer; however, they created a single -story prototype and as a result, in the transition, proposed the buffer be eliminated. Mr. Brown stated it was not really due to the City's direction and concerns about security in the rear area, rather was based upon public input and concern about two-story homes. On the question of increased landscaping and a taller fence along the back, Mr. Brown reported there are provisions for a higher fence due to the retaining wall, and a specification on page 5-14, Condition 6c., which requires a single 24 -inch boxed canopy tree be planted by the developer in the rear yards. He indicated the Planning Commission discussed whether or not to require more extensive landscape improvement and concluded that the CC&Rs require rear yard landscaping within one year. Mr. Brown believed the Planning Commission felt it would most likely be in the best interests of future residents to have their landscape improvements in place so as to diminish the visual impact from Rafael Meadows; therefore, they did not recommend any additional landscape requirements. Regarding the play structure design in the tot lot, Mr. Brown stated in discussions with Community Services Director Carlene McCart, she indicated that a number of issues are coming back to the Park and Recreation Commission, as set forth on page 5-15, Condition 7c., and in addition to the furniture in the park, the play structure could also be specified for review. On the question of precluding additions to the single -story homes, Mr. Brown stated this was discussed at a Planning Commission meeting, and recalled that the Planned Development District for these single -story homes establishes both the height limit and the rear setback of 22 -feet, the present location. He indicated staff suggested that the Planning Commission endeavor not to further limit any rear yard accessory structures, i.e., garden sheds, patio covers, etc. These provisions apply to all single-family districts and if precluded, inevitably, owners in a number of months request permission to carry out these types of minor rear yard improvements. In discussing the entire issue of the rear setback and compatibility, Mr. Brown stated it should be noted that a typical rear setback is 10 -feet, and is the setback that is applicable to the homes in Rafael Meadows, which, of course can also be 30 -feet tall. While it is not evident in most of these homes, in time, there may be taller additions moving further back in Rafael Meadows. Mr. Brown stated the installation of the park at the initial phase of construction is Condition No. 39 on page 5-20, and requires that the park be completed prior to occupancy of the first phase of development. In connection with the construction staging and storage area, Mr. Brown stated that Condition 24.f. on page 5-29 applies, and requires staging and storage on-site for the project. It would also allow staging for the Merrydale drainage improvements on the Merrydale property purchased by Signature Properties. Regarding the on-site grassland retention, Mr. Brown indicated that Council had heard the evolution of this discussion through staff, the Design Review Board and Planning Commission. On the issue of relocating the park, Mr. Brown stated that from staff's perspective, it is believed that the closest access point to the Meadows makes sense, which is now available off Merrydale. He indicated that initial designs for the park next to the railroad right-of-way did not provide the kind of usable park configuration. Mr. Brown stated it might be possible to alter the access road into the site to create more of a triangular area; however, he noted that the only frontage available on North San Pedro Road for this property if the park were in that corner is approximately 80 -feet. Finally, on the issue of the bike path, as Contract Planner Paul Jensen had discussions with City Traffic Engineer Nader Mansourian, Mr. Brown requested that he relay what is available and possible within the right-of-way. SRCC Minutes (Regular) 04/15/2002 Page 17 SRCC Minutes (Regular) 04/15/2002 Page 18 Mr. Jensen explained that the right-of-way along North San Pedro Road is approximately 100 - feet and the curb to curb width presently is considerably narrower. He indicated that the City Traffic Engineer's recommendation, contained in one of the Conditions of Approval, is to widen the road at a minimum 5 -feet on the north side, to accommodate a separate Class II bicycle lane, should this be the direction of the City. He noted that at minimum, the Conditions do require a Class III lane, to be shared with the travel lane. Community Development Director Brown pointed out that the recently adopted Bicycle and Pedestrian Plan does call for a Class III facility on this road. Councilmember Heller requested that in the Park and Recreation Commission's evaluation of the tot lot, they should also explore enclosing it with a small tot fence to prohibit dogs from mingling with the small children. Ms. McCart indicated that as part of previous discussions, it was agreed the playground would be fenced. Recognizing the park to be an important feature of the development, and not advocating a reduction in size, Councilmember Phillips noted that an additional setback to accommodate the existing residents would reduce the park somewhat. He inquired if any review had taken place of its size in relation to the community it will serve. Ms. McCart explained that the City requested the developer to include a neighborhood -sized park, which is a three -acre minimum and similar to Sun Valley and Victor Jones, and is a typical neighborhood -serving park. She noted concern was expressed that this particular neighborhood is not served by an elementary school, and other than the Civic Center Park, there are no others in the area. It was believed this park would meet the needs of a variety of ages and, therefore, needed to be located in the most central area possible within the development, to serve not only this development but the surrounding neighborhoods. Councilmember Phillips indicated he was somewhat skeptical as to how broad this reaches having merely fourteen parking spots, and inquired as to the size of neighborhood used in assessing the size need. Responding, Ms. McCart indicated they included Rafael Meadows, Pilgrim Park, up the hillside, and the unincorporated areas not serviced by any park facility presently. She noted that the closest park facility is Hartzell Park, a small installation, primarily serving a condominium development, with the next closest being Terra Linda High School. Noting the availability of fourteen parking spaces, Councilmember Phillips questioned whether this was somewhat of a restrictive feature, and inquired as to the extent of usage envisioned and features offered. Ms. McCart stated that the Park and Recreation Commission's direction when first it came to them in November, 2001, was to include: • play areas for tot lots and elementary school-age children; • a hard surface for court games and basketball; • restrooms; and • limited picnic facilities, to serve families rather than large group events. She indicated it would not lend itself to league games, such as soccer, little league or softball; however, it would afford the opportunity to play pick-up and informal neighborhood type games. She was unaware of from how far afield this would attract users, and the entrance off Merrydale would certainly help; however, it remained to be seen whether it would become a destination park with people driving to the neighborhood for the purpose of using the park. Remarking that her neighborhood park was some three-quarters of a mile from her home, Councilmember Heller indicated that she, amongst others, drives to it. She indicated that almost all of the neighborhood parks are serviced by car and on foot. While reiterating that he was not advocating the elimination of the park, Councilmember Phillips suggested that if the houses were moved towards the park creating a larger buffer, the park would shrink, and wondered whether this would be a significant impact to the community. Should the consequence be insignificant, this would provide the buffer requested. Conversely, if it were, the trade-off would have to be weighed. Ms. McCart believed this would logically shrink the available turf space, noting that the plan depicts significant landscaping separating the homes from the park area. It was of importance to the Park and Recreation Commission that doorways did not open onto picnic areas, rather there should be some logical landscape separation. She stated that to reduce the park would mean shrinking the turf area and landscaping. Councilmember Phillips inquired whether any assessment was made with regard to the impact of an additional 10 -foot buffer. Community Development Director Brown responded negatively and following up on Councilmember Phillips' question as to whether providing a greater rear setback would result in pushing the development into the park, losing some of it, he explained that to do this would also result in the loss of units. He indicated that the site is triangular; SRCC Minutes (Regular) 04/15/2002 Page 18 SRCC Minutes (Regular) 04/15/2002 Page 19 therefore, its density would be impacted in some manner. Vice -Mayor Cohen stated that to take the line of single-family homes and push everything, units would be lost; therefore, either total unit count would be lost or these units would have to be placed on the park. He indicated it is not merely losing 10 or 20 -feet off the park, lots would also be lost. Sun Valley Park also being his local park, Vice -Mayor Cohen indicated it has on -street parking for approximately six small cars and while it is not possible to see his home from the park, his children walk to it. He believed that unfortunately, the missing element in this development is a pedestrian connection directly between Rafael Meadows and this subdivision. Community Development Director Brown indicated the developer did attempt to secure this. He explained that one of the current drainage ways into the Meadows will not be functional any longer with the re-routing of the drainage; however, to his knowledge, the two property owners sharing this easement are unwilling to sell or give it to Signature Properties for that connection. Councilmember Heller inquired as to the feasibility of having all the documents available online. Community Development Director Brown stated it will be attempted with the St. Vincent's/Silveira EIR, which will be a challenge to anyone's server; however, this is some time in the future. He indicated that the EIR is available at both libraries, Civic Center and downtown, and at City Hall @ The Mall, to facilitate those unable to attend during working hours. Councilmember Phillips stated he had received mixed messages with regard to the fences, and requested clarification. Responding, Mr. Jensen stated it was not necessarily a taller fence. Explaining, he stated that getting closer along the northern property boundary toward Merrydale, there is a small wall which gets increasingly higher along the property line, reaching a maximum wall height of 3 -feet. He indicated the inclusion of a condition to the effect that as the wall gets taller, the fences shrink. Mr. Jensen stated that basically the Condition states that at no time shall the combined height of the retaining wall and fence, as measured from the neighboring lots, exceed 7 -feet in height; however, can go to 8 -feet in height if the top 1 -foot is open lattice. This was an attempt to address privacy and also to avoid a wall Condition, and is what Mr. Brown was referring to earlier. Mr. Brown clarified that he did not read the measurement from the side of the Meadows. Vice -Mayor Cohen requested clarification on the night sky lighting question Mr. Brown stated this is covered on two pages of the Draft EIR and concludes there will not be a glare or lighting impact, and no mitigation is required. While not summarizing the two pages worth of discussion, Mr. Brown stated that with low level sodium lighting, light fixtures 16 -feet and shielded, it is not expected this will be a significant glare issue. Regarding Mr. Andrew's question concerning additions, Vice -Mayor Cohen inquired whether the inference is that through the Conditions of the Planned District no second -story additions and no building additions in the rear yard will be permitted. Mr. Jensen stated there is a proposed one-story height limit in the Draft PD Ordinance for the homes bordering the northern property boundary. Development standards are attached to that PD Ordinance establishing minimum rear yard setbacks and other conditions for each of the residential areas, with the exception of the townhomes, where no additions can be made. Mr. Jensen stated the provision would allow some minor additions to homes, excepting the single - story homes, within the context of the development standards set up. Vice -Mayor Cohen stated he interpreted Mr. Andrew's question to be specific to the issue of the setback and separation from this subdivision and the Meadows; therefore, the question was expressly concerning limitations on the ability of future property owners to add to the single -story large homes bordering the Meadows. Vice -Mayor Cohen requested clarification as to whether there were Conditions prohibiting this, to which Messrs. Brown and Jensen responded affirmatively. He confirmed that these could only be changed by an action of the City Council and not by a change in the CC&Rs. Mr. Jensen further clarified that it would not be possible for someone to request a variance, which would be a normal process for conventional zoning. Vice -Mayor Cohen confirmed that other than a storage shed, Mr. Andrew's request had been met by these Conditions. Councilmember Heller confirmed the property descriptions would contain a reference to the potential of a railroad along that section of North San Pedro Road. Mr. Jensen explained this would not only be contained in the CC&Rs but also in the mapping, i.e., it would appear on the SRCC Minutes (Regular) 04/15/2002 Page 19 SRCC Minutes (Regular) 04/15/2002 Page 20 title for each home sold, which is a Fair Disclosure Statement Vice -Mayor Cohen stated the process works because of dedicated members of the community who take the time to attend meetings and evaluate and participate, which results in a superior product. While not all concerns are addressed, the end result is better, and he appreciated the participation, including those in attendance this evening. Vice -Mayor Cohen indicated he was satisfied that three of the first five points are addressed in Conditions, and the other two are pretty easy. Should there be a motion to approve the Master Use Permit and Environmental and Design Review Permit, he suggested the words "play structure and equipment" be added to item 7.c., page 5-15 and ensure adequate review. Vice -Mayor Cohen noted that page 5-14, paragraph 6 stated that detailed final landscape and irrigation plans shall be submitted for Design Review Board review and approval. He further noted that sub paragraph h. speaks to the good -neighbor fence, and stated he favored, in tonight's approval, requesting the Design Review Board to evaluate this issue specifically, in somewhat more detail. He suggested exploring increased height, to be softened with landscaping. While not wishing a 10 -foot wall to be the final result, Vice -Mayor Cohen requested that the Design Review Board be directed to consider ways to ensure privacy in separating the back yards. On the issue of the park, Vice -Mayor Cohen believed it would be a community amenity, not only for this subdivision, but for the surrounding neighborhoods. He appreciated the fact that Signature Homes purchased a lot to at least obtain pedestrian access from Merrydale. Recalling initial discussion with regard to placing the park near the wetlands mitigation area, Vice -Mayor Cohen stated his concern was that should the park be completely surrounded by the homes in this subdivision, it would be owned by the subdivision and viewed as their park; therefore, he favored it being as close as possible to a public street. He did not believe placing it along the railroad right-of-way to be a good solution, as long as the possibility of rail use remains on the table. The present easement from Merrydale would be lost, resulting in inferior access. Vice -Mayor Cohen indicated that while there could be a visual improvement, he did not believe access would necessarily be improved and the few feet gained would not add significantly. He did not envision people having a problem finding this park, which he was satisfied accomplishes the goal of serving the broader immediate neighborhood. On the issue of bike access, Vice -Mayor Cohen stated it was his recollection that Class II lanes would be installed where there is available width and Class III on the remainder of this stretch of North San Pedro Road, and he hoped this would materialize. Ultimately, he stated, it would be good to have Class II all the way; however, on approval of the Bike and Pedestrian Master Plan, it was his understanding it would be achieved wherever possible, albeit in sections. Further, he believed that when the County of Marin repaves Los Ranchitos, they intend to install bike paths. Vice -Mayor Cohen commented that there are constraints on in -fill projects and this exemplifies the smart growth concept of when building in existing neighborhoods, the impacts on immediate neighbors have to wrestled with. Vice -Mayor Cohen stated that should Council be satisfied, the next step was to certify the Final Environmental Impact Report. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. b) 1. RESOLUTION NO. 11068 — RESOLUTION CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE RANCHITOS PARK DEVELOPMENT AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN 179-131-01 AND PORTION OF 179-142-30) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.) Regarding item b) 2 — Resolution adopting Statement of Overriding Considerations, Vice - Mayor Cohen requested that paragraph 8 dealing with the financial return to PG&E be struck as it had no impact on his decision-making on this process. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution, omitting paragraph 8, page 3-5. SRCC Minutes (Regular) 04/15/2002 Page 20 SRCC Minutes (Regular) 04/15/2002 Page 21 b) 2. RESOLUTION NO. 11069 — RESOLUTION ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE RANCHITOS PARK DEVELOPMENT, A MULTI -USE DEVELOPMENT ON 17.6 ACRES LOCATED AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN 179-131- 01 AND PORTION OF 179-142-30) (as modified to exclude paragraph 8, page 3-5) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.) Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution, substituting Planning Commission for City Council on page 2, 1. b) 3. RESOLUTION NO. 11070 — RESOLUTION APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2000 TO: A) AMEND THE LAND USE MAP OF THE LAND USE ELEMENT REDESIGNATING PROPERTY LOCATED AT 1125 B STREET FROM PARK/OPEN SPACE/CONSERVATION TO PUBLIC/QUASI- PUBLIC (APN 011-131-03); B) AMEND THE LAND USE MAP OF THE LAND USE ELEMENT REDESIGNATING 16+ ACRES OF LAND LOCATED AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD FROM PUBLIC/QUASI-PUBLIC AND HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL AND PARK/OPEN SPACE/CONSERVATION LAND USE DESIGNATIONS FOR THE RANCHITOS PARK DEVELOPMENT (APN 179-131-01 AND A PORTION OF 179-142-30); AND C) AMEND APPENDIX B — LAND USE TRAFFIC ALLOCATIONS TO RETURN SURPLUS PM PEAK HOUR TRIPS FROM FULLY DEVELOPED SITES TO THE GENERAL TRIP RESERVE (GPA 00-02 AND GPA 00-05) (as modified on Page 2-1. substituting Planning Commission for City Council) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.) The title of the Ordinance was read b) 4. "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP TO RECLASSIFY CERTAIN REAL PROPERTY FROM PUBLIC/QUASI-PUBLIC — WETLAND OVERLAY (P/Q-P — WO) AND HIGH DENSITY RESIDENTIAL (HR -1.8) DISTRICTS TO PLANNED DEVELOPMENT (PD) AND PARKS/OPEN SPACE (P/OS) DISTRICTS TO ALLOW THE DEVELOPMENT OF DETACHED SINGLE-FAMILY AND ATTACHED TOWNHOME RESIDENTIAL UNITS, A CREEK AND WETLAND MITIGATION AREA, A PG&E GAS PRESSURE STATION AND A THREE -ACRE NEIGHBORHOOD PARK AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN 179-131-01 AND A PORTION OF 179-142-30) (ZC 00-02) (Re: Ranchitos Park Development)" Councilmember Phillips moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1779 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.) SRCC Minutes (Regular) 04/15/2002 Page 21 SRCC Minutes (Regular) 04/15/2002 Page 22 Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. b) 5. RESOLUTION NO. 11071 — RESOLUTION APPROVING A MASTER USE PERMIT (UP 00-04), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-11), VESTING TENTATIVE MAP (TS 00-02) AND TRIP PERMIT (TP 01-01) FOR THE RANCHITOS PARK DEVELOPMENT AT NORTH SAN PEDRO ROAD AND LOS RANCHITOS ROAD (APN 179-131-01 AND A PORTION OF 179-142-30) (as modified to include the words "play structure and equipment" — Page 5-15 7c. and requesting Design Review Board to re-evaluate the fencing — Page 5-14 6h.) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT/ COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest.) 16. CITY MANAGER'S REPORT: None. COUNCILMEMBER REPORTS: 17. a) Association of Bay Area Governments: - File 111 Councilmember Heller reported having attended the ABAG (Association of Bay Area Governments) SMART Growth Workshop, along with Mayor Boro and Councilmember Miller, and indicated the arrangement appeared somewhat flawed as the range of viewpoints was very small. The alternative, maintaining the growth in the central cities with very little growth in the surrounding suburbs of the central cities, was selected. While not remaining to the conclusion, Councilmember Heller stated it appeared from the reporting that the group as a whole, did move a lot of the housing out of downtown San Rafael, for which she was grateful, and requested that Mill Valley, Tiburon, Larkspur and Corte Madera do their fair share in some manner to accommodate growth in the future. Councilmember Heller indicated that this should be carefully monitored as ABAG is intending to tie it into future rules, regulations, funding, etc. Noting that constituents do not necessarily separate the City's planning process from that of the County, Vice -Mayor Cohen indicated it was his understanding that ABAG, in their mapping, had erroneously located the train station, and this error needed to be quickly clarified. Should action be required, he indicated it should be brought to Council to ensure they are requested to correct the error; however, the fact that it is their error also needed to be clarified. It does not change anything the City or County has indicated with regard to the location of the train station at the Civic Center. Community Development Director Brown stated the City had pointed this out and Lillian Hames from the SMART Group had also contacted ABAG to point out the error. Vice - Mayor Cohen indicated that perhaps, it warrants a letter to the Editor or some type of statement from the City as having been contacted by e-mail, he would like to be in a position to respond to these. Councilmember Heller also indicated that the maps provided were flawed, in that they did not identify areas; therefore, it was difficult to get a sense of the community. Community Development Director Brown stated staff would monitor this closely, as there was concern regarding how ABAG could go from making projections to making pronouncements. There being no further business, the City Council meeting was adjourned at 10:40 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/15/2002 Page 22