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HomeMy WebLinkAboutCC Minutes 2008-10-06SRCC Minutes (Regular) 10/06/2008 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 6, 2008 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: None Conference with Labor Negotiators — Government Code Section 54957.6(a) Negotiators: Ken Nordhoff, Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Chris Gray Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Firefighters' Association City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:01 PM Marin Clean Enerav (MCE): - File 271 Arthur Duffv stated that, having walked and spoken with residents of San Rafael regarding Marin Clean Energy it was easy to speak in support of the program because overwhelmingly, those residents had encouraged them to do so. Residents wanted more renewable energy and less fossil fuel. Aware that PG&E was requesting a further $374 million rate increase, in addition to the $1 billion increase already granted over the next couple of years, Mr. Duffy stated that this was an opportunity to take some control and do something very important. Confronted with the remoteness and unresponsiveness of Washington D.C., people were looking for their Council to follow the democratic precepts and hear their wishes. With all the safeguards built into this program, he urged the City Council to follow the people's mandate to form a Joint Powers Authority. Kiki LaPorta, Sustainable San Rafael, thanked the City Council for their extensive review of neighborhood comments and input and she endorsed the comments of Mr. Duffy. She commented that it was not just those canvassing and talking to people who had suggested it was time to give people a choice for selecting clean and renewable energy, rather it was also the people in the neighborhoods who had heard, read, and studied and had the opportunity to participate in the public debates and discourse about MCE. Ms. LaPorta invited all to call upon them (Sustainable San Rafael) for more information and to walk the neighborhoods with them. There was 98% or more positive input from those who had signed postcards about affording the choice for MCE. Bob Spofford, Sustainable San Rafael, stated that having canvassed neighborhoods for five weekends, knocking on 1,500-1,600 doors, the conclusion was that the vast majority of people did not know anything about MCE. Subsequent to explaining about the program, people were positive on two grounds: 1) that someone was finally doing something significant about global warming in San Rafael; and 2) there was much hostility towards PG&E. Of the 401 postcards signed, only eight did not like the idea, and would rather stay with PG&E. Of the 1,500 plus doors knocked on, approximately 20 negative responses were received, half of which he guessed were people who considered MCE a terrible idea and they should remain with PG&E and the other half were just global warming deniers. Although hard to get people educated on the subject, Mr. Spofford stated that when people found out about MCE, they thought it a good idea. SRCC Minutes (Regular) 10/06/2008 Page 1 SRCC Minutes (Regular) 10/06/2008 Page 2 Alcohol Policv: - File 9-1 Jim Geraghty thanked staff for providing him with the information about City policies and procedures on alcohol use; however, he was disturbed about seeing more procedure than policy language. When the City approved over $677,000 of taxpayer money for checkpoints and then a few weeks later had a festival on City streets where wine and beer were poured, he was disturbed and confused about the differences in policy. He believed it wise to work together as a community on policy. He provided information he had procured from the Marin Institute, which he suggested the City Council share with staff, and he invited all to attend a traffic court forum at St. Raphael's on Thursday evening, October 9, 2008. Green Vision: - File 271 David Haskel congratulated the City Council on the recent excellent MCE meeting in Terra Linda. Believing the Green Vision would create a Safe Vision, he believed the series of decisions to be made with regard to SMART, MCE, Bicycles, Transport, etc., would heavily impact on the issue of how to move the community towards self-reliance and sustainability. War in Iraq: - File 9-1 John Jenkel, Graton, read from a copy of a Candidate's Pledge with regard to ending the war in Iraq, copies of which he submitted for the City Council. CONSENT CALENDAR: Councilmember Heller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. ITEM Approval of Minutes of Regular City Council Meeting of September 2, 2008 (CC) Call for Applications to Fill Five, 2 -Year Terms on the ADA Access Advisory Committee Through the End of October, 2010, Due to the Expiration of Terms of Luc Dehouwer, Rob Simon, Bob Sonnenberg, Peter Walz, and Michael Hingson (Alternate) (CC) — File 9-2-56 x 13-1-1 4. Approval of Minutes of Regular City Council Meeting of September 15, 2008 (CC) Resolution of Appreciation for Marin Builders Association (CM) - File 102 Resolution Authorizing the City Manager to Enter into an Agreement with HF&H Consultants, LLC to Perform a Review of Marin Sanitary Service's 2009 Rate Application (CM) — File 4-3-306 x4-3-32 RECOMMENDED ACTION Minutes approved as submitted. Approved staff recommendation: a) Called for applications to fill five, 2 - year terms on the ADA Access Advisory Committee, to expire the end of October, 2010; b) Set deadline for receipt of applications for Tuesday, October 28, at 12:00 Noon in the City Clerk's Office, City Hall, Room 209; and c) Set the date for interviews of applicants at a Special City Council meeting to be held on Monday, November 3, 2008, commencing at 6:00 p.m. Minutes approved as submitted. RESOLUTION NO. 12598 RESOLUTION OF APPRECIATION FOR MARIN BUILDERS ASSOCIATION RESOLUTION NO. 12599 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HF&H CONSULTANTS, LLC, TO PERFORM A REVIEW OF MARIN SANITARY SERVICE'S 2009 RATE APPLICATION SRCC Minutes (Regular) 10/06/2008 Page 2 SRCC Minutes (Regular) 10/06/2008 Page 3 Resolution Fixing the Employer's Annual Contribution RESOLUTION NO. 12600 Under the Public Employees' Medical and Hospital Care RESOLUTION FIXING THE EMPLOYER'S Act (MS) — File 7-1-34 x 7-9 ANNUAL CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Resolution Approving Summary Vacation of an Existing Public Service Easement for Storm Water Drainage, Located at the Rear of the Properties in the Block Bounded by "C" Street, "D" Street, Antonette Avenue and San Rafael Avenue, Downstream from the Existing Catch -Basin on the North Side of Antonette Avenue, Fronting 201 C Street, to the Existing Catch -Basin on the South Side of San Rafael Avenue, East of 11 San Rafael Avenue, Pursuant to Summary Vacation and Abandonment Procedures (PW) — File 2-4 x 4-4-6b x 9-3-40 Resolution Authorizing the City Manager to Approve a Change Order for $110,000 to "Street Resurfacing 07- 08" (Project No. 11100) to Remove Slurry Seal and Resurface Fifth Avenue Between Court Street and B Street and A Street Between Fourth Street and Fifth Avenue (PW) - File 4-1-603 x 11-15 10. Resolution Authorizing the Temporary Closure of City Streets for the 29th Annual Parade of Lights and Winter Wonderland on November 28th and November 291h 2008 (RA) — File 11-19 RESOLUTION NO. 12601 RESOLUTION APPROVING SUMMARY VACATION OF AN EXISTING PUBLIC SERVICE EASEMENT FOR STORM WATER DRAINAGE, LOCATED AT THE REAR OF THE PROPERTIES IN THE BLOCK BOUNDED BY "C" STREET, "D" STREET, ANTONETTE AVENUE AND SAN RAFAEL AVENUE, DOWNSTREAM FROM THE EXISTING CATCH -BASIN ON THE NORTH SIDE OF ANTONETTE AVENUE, FRONTING 201 C STREET, TO THE EXISTING CATCH -BASIN ON THE SOUTH SIDE OF SAN RAFAEL AVENUE, EAST OF 11 SAN RAFAEL AVENUE, PURSUANT TO SUMMARY VACATION AND ABANDONMENT PROCEDURES RESOLUTION NO. 12602 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A CHANGE ORDER FOR $110,000 TO "STREET RESURFACING 07-08" (PROJECT NO. 11100) TO REMOVE SLURRY SEAL AND RESURFACE FIFTH AVENUE BETWEEN COURT STREET AND B STREET AND A STREET BETWEEN FOURTH STREET AND FIFTH AVENUE RESOLUTION NO. 12603 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE 29TH ANNUAL PARADE OF LIGHTS AND WINTER WONDERLAND ON NOVEMBER 28TH AND NOVEMBER 29Th, 2008 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Mayor Boro (from item #4 only, due to absence from meeting of 9/15/08) SPECIAL PRESENTATION: 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO MARIN BUILDERS ASSOCIATION (RA) — File 102 Noting the Marin Builders Association (MBA) was celebrating its 501h Anniversary, Mayor Boro invited General Manager, Klif Knoles to join him and the City Council at the podium. He quoted from the resolution: "Whereas, Marin Builders Association, with over 1,000 member firms, has served the construction industry since 1958 by promoting high ethical and professional standards, providing quality services to their members, and working responsibly with the community for the enhancement of the building industry" They had done SRCC Minutes (Regular) 10/06/2008 Page 3 SRCC Minutes (Regular) 10/06/2008 Page 4 many things for their members, in particular with respect to group healthcare, training, etc. They provide expert guidance to the City, County and State Government on building and development policies; they were a certified Green Business and a 2005 recipient of the Marin Economic Commission's Environmental Values and Resources Award of Excellence. Mayor Boro further quoted from the resolution: "Since 1996, the Marin Builders Association has been working with the Marin County School to Career Partnership to provide top quality architecture, engineering, and construction job shadowing opportunities for students in Marin County. Through its Marin Builders Association Scholarship Program, MBA has awarded over $500,000 in scholarships to deserving students" and the City of San Rafael was pleased when the Marin Builders Association elected to relocate its headquarters and stay in San Rafael. The MBA and the City had partnered over the years in collaborative ways that benefited both the San Rafael community and the MBA. On behalf of the City Council and the community of San Rafael, Mayor Boro congratulated Mr. Knoles on the Marin Builders Association's 50th Anniversary. Mr. Knoles expressed thanks on behalf of the Board of Directors, members and staff of MBA, and looked forward to seeing Councilmembers at the 50th Anniversary Celebration on Friday, October 10, 2008. APPEAL HEARING: 12. RESOLUTION DENYING AN APPEAL (AP08-005) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE A MASTER USE PERMIT AMENDMENT (UP07-046) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07- 080) TO ALLOW THE RENOVATION OF AN EXISTING CLUBHOUSE BUILDING AND CONSTRUCTION OF NEW DRIVING RANGE SERVICE AND DAY SPA BUILDINGS WITH OUTDOOR SWIMMING POOL/DECK TERRACE AND ASSOCIATED LANDSCAPE, LIGHTING AND SITE ENTRY IMPROVEMENTS AT THE PEACOCK GAP GOLF & COUNTRY CLUB LOCATED AT 333 BISCAYNE DRIVE (CD) — File 278 — 333 Biscavne Drive Steve Stafford, Assistant City Planner, explained that the Environmental and Design Review permit would allow the renovation of an existing 30,000 square -foot clubhouse, the construction of a new single -story 2,800 square -foot driving range service building and a new single -story 11,000 square -foot day spa building with basement storage, outdoor swimming pool and pool deck terrace. The Environmental and Design Review permit would also make landscape exterior lighting and entryway improvements on the site. Mr. Stafford explained that the Use Permit involves the updating of the existing Master Use Permit to include the new day spa/fitness, swimming pool and event uses. Reporting that the Design Review Board reviewed the site and architectural design of the project during three separate meetings, Mr. Stafford stated that the Planning Commission additionally reviewed the project during two separate hearings. Mr. Stafford reported that staff prepared an initial study on the Mitigated Negative Declaration with a mitigation monitoring and reporting program, which analyzed all the environmental impacts of the project, including noise. The Mitigated Negative Declaration also determined that all the potential noise impacts would be mitigated through the implementation of recommended mitigation and monitoring. He noted that noise was identified as being the big issue, particularly noise associated with the pool use, use of the pool deck and use of the basement area of the day spa area for overflow golf cart parking. Location of the project, was also considered an issue because of the proximity to adjacent townhomes. Mr. Stafford reported that on July 29, 2008, the Planning Commission weighed the advantages and disadvantages of alternative site locations with the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and ultimately found the location of the project to be acceptable. Mr. Stafford noted two appeal points under discussion this evening: 1) The Planning Commission's close 4-3 split approval was too close; and 2) an alternative location reviewed by the Planning Commission should be revisited by the City Council this evening. SRCC Minutes (Regular) 10/06/2008 Page 4 SRCC Minutes (Regular) 10/06/2008 Page 5 Using a PowerPoint presentation Mr. Stafford reported that the project site was located east of the clubhouse between the clubhouse and the adjacent residential townhomes. An alternative site was located northwest of the clubhouse and south of the lower parking area, which he believed was the preferred location of the appellants. The Planning Commission reviewed four alternative site locations identified as A, B, C and D. . Alternative Site Location B included leaving the driving range building in its proposed location but locating the remaining portion of the project in the lower parking lot adjacent to Biscayne Drive. Alternative Site Location C also proposed not to relocate the driving range building but to move the rest of the project to the main parking lot, adjacent to the townhomes. A final alternative location was reviewed, Site D, which would leave the driving range building adjacent to the driving range but move the fitness, pool, and pool deck to the lower parking lot. Mr. Stafford stated that, should the City Council deny the appeal and uphold the Planning Commission's approval of the project, it would be necessary to modify Conditions of Approval 25 and 75 by substituting today's date for the dates identified. Councilmember Brockbank inquired whether there was a means of objectively measuring sound levels at `x' number of distances, and what was appropriate for comparable pools in comparable neighborhoods. Responding, Mr. Stafford stated that the original Noise Study was revised twice based on deficiencies identified through neighbors, staff, and the Planning Commission. The studies compared two public pools, Petaluma Swim Center in Petaluma, and Ridgeway in Santa Rosa. The second revision to the Noise Study incorporated a private pool, Rolling Hills in Novato. Mr. Stafford noted the comparables were used to make a distinction that the noise would be within the allowable limits of the General Plan policy, Noise Ordinance, and Zoning Ordinance standards. Amv Dunnician, Appellant, resident of the Knolls, clarified that it was not that they did not have the proper list of appellants to present, but she was informed that the Staff Report was very time -intensive to recreate; therefore, she would like to provide a list tonight containing signatures from 40 appellant members. Ms. Dunnigan confirmed that she signed the letter together with Susan McArdle who represented the HOA (Homeowners Association). Having reviewed the slide presentation, Ms. Dunnigan stated it appeared as though there was only one alternative location that made sense, the one on the opposite side of the clubhouse, as the other three were placed over the parking lot. Knoll residents were in support of the project, and excited to have the clubhouse renovated. A lot of properties surrounding the golf course would increase in value; however, they were informed their properties would devalue. Ms. Dunnigan stated they believed there were other alternative locations that would make both Knoll residents and the developers happy. She expressed concern about the noise level and aesthetic qualities of the project, as they did not want to be looking at a wall. Having invited the Planning Commission to review other locations and solutions, she now invited the City Council to see what they were looking at. She did not consider Rolling Hills a good comparison, other than with regard to the noise from the pool; however, those residences were in no way as close as theirs were. Referring to the Project Site Plan slide, Carole O'Neill identified her property location. She lives in a three- story townhouse, the bottom level of which was on par with the base of the pool height and her deck at the 17 - feet level. As a retiree, she moved into her quiet townhouse three years ago because of its location, which had been described as bucolic. Ms. O'Neill stated that no one described to her in ways she could understand, what was illogically described to her as a barrier behind her property that would stop her from hearing noise from her deck. What was acceptable to the City would result in the loss of the use of her space. Ms. O'Neill believed it would reduce her serenity and would be a condemnation of her property. She inquired whether it was the job of elected people to augment the income of commercial property or was it their job to protect her. She would like to think she had the City Council's protection in that location. Ms. O'Neill reported that three realtors had advised her that in that location the sale value for her property would be reduced by 10%, i.e., by tens of thousands of dollars; however, not everyone at the Knolls was equally affected. She saw this as a private club with some public amenities. She was not against the pool, noting it would not be suitable for inter -club events; however, the prospect of pool parties on Saturday or Sunday mornings was not pleasant. As the property owners would have to recoup their expenses, she SRCC Minutes (Regular) 10/06/2008 Page 5 SRCC Minutes (Regular) 10/06/2008 Page 6 believed the residents were being requested to subsidize a commercial gain which was not community serving. Ms. O'Neil pointed out the choice of location of the alternative sites was not designated by an objective person, rather those seeking the City Council's approval. She requested the City Council's consideration of the loss for a few against the commercial gain of a big neighbor next door. Susan McArdle, President of the Homeowners Association representing the Knollwood Townhomes, reported that approximately a year ago she became involved because of the issues arising between her Association and neighboring associations, and Peacock Gap Golf Course. With 25 years business experience she thought she could help on behalf of the association, and try to work in cooperative ways with Peacock Gap to resolve some of the issues. From December 2007 through July 2008, she met various times with Peacock Gap staff to discuss issues other than the pool, and reported those results to Mr. Stafford. She was pleased with the progress of the discussions and the pool was the only remaining issue. Ms. McArdle believed that if the studies resulted in this being the best location for the pool, serious reconsideration was needed on mitigating the pool noise. She indicated that during their meetings in the spring, the spa and pool were discussed, together with the fact that there was a service road adjacent to the pool area; however, the property owners indicated to residents that the service road would be eliminated. Since then, she believed it had been reported that there would be a change in the plan to store trash and golf carts underneath the spa building. They were concerned about noise from trucks coming in and out in the early morning and throughout the day. Ms. McArdle requested careful review of decisions being made and hoped that the residents and City would work in cooperation on any issue that arose. Noting the golf course needed watering daily, except in the extreme fall weather when there was lots of rain, Stan Georae explained it would be detrimental to the neighborhood if the course turned brown and became unsightly. On the other hand, the Marin Municipal Water District issued statements to the effect that they wanted residents to take a conservation posture on watering. Mr. George noted that according to the San Francisco Chronicle, East Bay MUD had already imposed 15% mandatory water conservation. Peacock's considerable expansion for a large pool and spa was going to necessitate an increase in water consumption and he believed this to be an important consideration in making a decision on whether to conserve water or increase consumption. Ted Johnson, Emeritus Director of Peacock Gap Homeowners Association Board, reaffirmed that he and his association supported the application, noting it would increase home values for many. Having had a serious illness ten years ago, he had to travel all over the Bay Area to receive attention, and this would make it greatly easier for him and others in physical therapy. With regard to the noise issue, Mr. Johnson noted the Jewish Community Center (JCC) had both indoor and outdoor swimming pools. Due to a regrettable drowning accident, the JCC retrained their lifeguards and hired more to enforce the noise rules. Mr. Johnson suggested that perhaps through that apparatus, neighbors could talk with the club and lifeguards to work out procedures where the noise became a non -issue. He urged the City Council to approve the application and encouraged the neighborhood and the club to find ways to communicate with each other to manage noise post -construction. Having participated in several Planning Commission and Design Review Board meetings and spoken with Peacock Gap personnel, Andrew McCullough stated he supported the project. Noting a lot of time and energy had gone into putting the project together in a way that was sensitive to the surrounding neighborhood, he indicated he was dismayed that the appeal was filed. While he respected the concerns and sensitivities of the appellants, the fact was that all of the opposition came from the Knoll townhomes directly adjacent to the pool. The support for the pool was widespread, and at a recent Planning Commission meeting, Mr. McCullough submitted a petition signed by over a hundred east San Rafael families. The petition was very explicit in its support for a full size, regulation swimming pool as a condition for the project's approval. The only full size, regulation swimming pool open year round in San Rafael was at the JCC, where he also swam. Mr. McCullough agreed with Mr. Johnson that noise could be contained with reasonable efforts and he commented that swimming was similar to golf where 99% of the time the facility was almost deathly quiet, and it was only on specific occasions when there was noise, such as with parties and swim meets. Mr. McCullough stated quite confidently that the mitigation measures already expressed as conditions of approval took care of the noise concerns, and he encouraged the Council to deny the appeal. Carolvn Keats, representative for the Peacock Gap Country Club and Spa, requested that the City Council deny the appeal and uphold the Planning Commission's approval for the project. She complimented Mr. Stafford on his description of the project and indicated she would make a short presentation. Ms. Keats acknowledged the presence of the project team, including the sound consultant who could answer questions or concerns. Ms. Keats stated the project was designed to comply with the City's development standards and use requirements, SRCC Minutes (Regular) 10/06/2008 Page 6 SRCC Minutes (Regular) 10/06/2008 Page 7 completed the environmental requirements, and mitigated all impacts to less than significant. She believed the project was tremendous for Peacock Gap and the surrounding community and would like to proceed with it. Don Blavnev. Donald Blayney & Associates, Landscape Architecture and Planning, stated that on entering the team for this project in February, 2007, he brought over 30 years experience in site planning and landscape architecture. Two workshops were held with the public to explain the project and take comments and it was learned that the community did not want the parking lot altered, they did not wish to lose parking or have overflow parking in the neighborhoods, and wanted nothing along Biscayne. From slides, Mr. Blayney identified where a lot was done to screen the maintenance building from Biscayne. Subsequently, they met with the HOAs and received their input, and Mr. Blayney met with 15 people individually to address their specific concerns. He expressed the importance of the project being community-based, knowing that was the direction the City wanted to take. Mr. Blayney addressed the following issues raised by the appellants: With regard to the sound and noise issue, Mr. Blayney noted these were competing land uses with commercial next to high-density residential. The City in its ordinance policies set criteria to protect homeowners. A sound study was conducted to measure the noise, resulting in the noise being right at the threshold. Realizing that could be a problem, the restrooms were turned 90 degrees, and a wall was added (identified on the slide). Through the suggestions of the Design Review Board, they opted to build a 7 -foot wall from the end of the restrooms, and to add an arbor at the top of the wall. The sound study was revised which resulted in a still higher than acceptable level; however, wishing to comply with the ordinance without any problems, the trellis was brought up to the level of the restroom and across. Noise was discussed at a Planning Commission hearing and with Planning staff's help, a peer review was conducted which resulted in a difference of one decibel which is unrecognizable by the human ear. - Mr. Blayney explained Ms. Dunnigan's home was actually situated closer to the Knolls pool than the one at the golf course. She would not see the pool or the pool deck, rather only the front of the single -story spa building, and would not hear activity from the pool. The project affected two individuals the most, one being Ms. O'Neil. Ms. O'Neil would not be able to see the development at all from her unit or any of her decks because the unit next to hers would block everything. - In response to the comment regarding the service access road, Mr. Blayney noted that the road used to build the golf course was removed. He emphasized that there would be no trash in the area or under the building because they would use the existing trash and service areas. Additionally, 25-35 overflow carts would be stored under the spa, and should not be a noise factor since they were electric. The carts would only be used if the main fleet was exhausted and not until after 9:00 a.m. - Mr. Blayney explained the buildings along the Knolls all have "dead walls", meaning they have no windows. Views from the Knolls would be facing away from the clubhouse, making the proposed spa location logical. He noted a letter was submitted to the City indicating the pines would be removed; however, this was untrue, as not one tree along the edge would be removed and a lower hedge was being added underneath the trees to reinforce them. Hoping he had addressed some of the concerns raised tonight, Mr. Blayney also wanted to emphasize that the plan was community-based with overwhelming support for the project. The bottom-line was that the golf course was for commercial use and built long before the Knolls project, and people were aware of it when they purchased their properties there. Mayor Boro inquired about restrictions as to the number of events that could be held. Responding, Mr. Blayney stated there would be a maximum of four events per year. He pointed out that the applicant was not asking for variances or lower restrictions on anything, rather they met every ordinance of the City for this project. It was a good plan for East San Rafael and the City of San Rafael. Ms. Keats added that the swim meets would be conducted during July and August. Only birthday parties would be allowed and only between Noon and 4:00 p.m. No cocktail parties or other types of parties would be allowed based on conditions of approval and the use permit. Councilmember Heller inquired where the tennis courts were located. Identifying the location of the original tennis courts on a slide, Mr. Blayney explained that under their SRCC Minutes (Regular) 10/06/2008 Page 7 SRCC Minutes (Regular) 10/06/2008 Page 8 alternative site designs there would be an option of replacing the tennis courts; however, the Use Permit would have to be amended. He reiterated that no tennis courts were proposed at this time. Councilmember Connolly inquired as to some of the negatives associated with Alternate A. Using a slide, Mr. Stafford reported that on July 29, staff identified in their report to the Planning Commission the advantages and disadvantages. The advantage was that the building would be approximately 400 linear feet away from the Knollwood and Knolls townhomes. The drawbacks would be that the location would be mostly in the 100 year flood plane, which would preclude golf cart overflow storage in the basement, building design and materials, and it could possibly require modifications to the existing driving range area. Mayor Boro inquired whether this was also the reference noted in the Staff Report: "...loss of functionality or linkage between the uses and areas of the existing clubhouse..." Mr. Stafford concurred, noting it would be that much further removed from the clubhouse. Identifying the Bridal Green Room and Event Lawn, Mr. Blayney indicated that that connection would be lost completely and the project would have to be enlarged to construct a new restaurant, bar, and service and trash areas. Regarding Alternative A and identifying the existing driving range, he stated that this would effectively be lost, noting the driving range was probably one of the biggest profit centers for the golf course. With regard to the so-called preferred alternatives, Councilmember Connolly inquired whether any additional mitigation measures requested by affected Knolls residents were considered but rejected for any reason. Mr. Stafford responded in the negative. He indicated that operational limitations were put on the use of the pool to mitigate the swimming pool and deck noise, but the appellants preferred it be located away from them. Having walked and been driven around the site today, Councilmember Miller noted the discussion centered on noise and location of the preferred site. Regarding Alternative A he believed there were certain geothermal elements which were very important in the development of this green project. Citizens were intent on seeing the use of renewables and this was a perfect example of how one project was coming through with renewables. Considering the preferred site to be the best site, Councilmember Miller stated that otherwise parking would have to be placed elsewhere, and no one wanted reduced parking. He noted also that the additional amount of trees and coverage would eliminate some of the heat from the asphalt and reduce greenhouse gasses. In dealing with the matter of noise, Councilmember Miller stated the City had an obligation to protect all and to find the common good, and he believed the noise regulations had been met. Impressed with the project, Councilmember Miller stated it was good for the community; it created opportunities as well as recreation for members. Councilmember Brockbank noted that while property owners do not have ultimate rights, they do have some rights. If neighbors were allowed to veto buildings on neighboring properties virtually nothing would get built, in fact, if the country club had veto rights over the Knolls, probably the Knolls would have never been built. Wanting to help the aggrieved, as some of the homeowners were by having their property values, views and quality of life reduced, Councilmember Brockbank stated it was difficult to know how much to engage in a balancing act as to what could hurt 10-20 people versus what could help 50, 100 or 200 people. Agreeing with Councilmember Miller on meeting the City Noise Ordinance requirements, Councilmember Brockbank stated it came down to the nature of appeals. He did not view the City Council's role in taking on appeals of the Planning Commission was to give someone "another bite of the apple." The Planning Commission, in particular, specialized in land use, whereas the Council's position was much broader, thus spending a smaller percentage of time on land use. Councilmember Brockbank viewed appeals as a review for abuse in discretion, or wrongful application of the law, neither of which was evident in this case. His conclusion was that there were a lot of good reasons for the project being the way it was, and although painful to some, people took a risk when they purchased property. In reading through the information and visiting the site several times, Councilmember Heller stated she was persuaded by this evening's presentation that all the requirements had been met and the impacts on the two SRCC Minutes (Regular) 10/06/2008 Page 8 SRCC Minutes (Regular) 10/06/2008 Page 9 closest townhomes would be minimal. She believed the noise level would be a lot better than anticipated and would vote to deny the appeal. Noting Mr. Blayney's comment that this was a community-based approach, Mayor Boro reported that over the past two years he has visited Peacock Gap on several occasions to meet both the owner and owner's representative to have them explain to him what they were doing and why. He had seen the progressive stages of the improvement of the driving range and golf course; however, the big issue was the clubhouse, with its lack of functionality in its current condition. He indicated that there was a lot of community-based good to be derived from the renovation of the clubhouse, not only for its members but also for those wishing to rent it. On the issue of noise, Mayor Boro stated the Staff Report and Planning Commission minutes did not indicate there would not be any noise, rather that there could be noise at an acceptable level. The projected noise level had been reviewed by the applicant and separate peer review group and he believed the questions had been answered. Mayor Boro expressed appreciation to those members of the community present this evening to provide input and also appreciated the perseverance for getting the project completed, noting the remodeling of the clubhouse would not only be a great asset to the entire Peacock Gap community, but the entire City and County. He supported the recommendation to deny the appeal with modifications to Conditions of Approval No. 25 and 75 on pages 21 and 31, respectively. Councilmember Brockbank moved and Councilmember Miller seconded, to adopt the Resolution as amended. RESOLUTION NO. 12604 - RESOLUTION DENYING AN APPEAL (AP08-005) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE A MASTER USE PERMIT AMENDMENT (UP07-046) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED07-080) TO ALLOW THE RENOVATION OF AN EXISTING CLUBHOUSE BUILDING AND CONSTRUCTION OF NEW DRIVING RANGE SERVICE AND DAY SPA BUILDINGS WITH OUTDOOR SWIMMING POOL/DECK TERRACE AND ASSOCIATED LANDSCAPE, LIGHTING AND SITE ENTRY IMPROVEMENTS AT THE PEACOCK GAP GOLF & COUNTRY CLUB LOCATED AT 333 BISCAYNE DRIVE (as amended) AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OTHER AGENDA ITEM: 13. RESOLUTION ENDORSING MEASURE Q, AND THE SONOMA-MARIN AREA RAIL TRANSIT (SMART) PROJECT. TO RESTORE PASSENGER TRAIN SERVICE ON THE HISTORIC NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY, AND TO ESTABLISH A 70 -MILE BICYCLE AND PEDESTRIAN PATHWAY BETWEEN THE CITIES OF CLOVERDALE AND LARKSPUR (CM) — File 245 x 9-1 x 117 Ken Nordhoff, City Manager, reported that a couple of years ago when Measure R was up for consideration, a similar process was conducted where Lilian Hames made a presentation. He indicated that this evening's presentation would include an update to project costs and other relevant components to Measure Q. Lilian Hames, SMART (Sonoma/Marin Area Rail Transit) General Manager, thanked the City Council for the opportunity to update them on the SMART project. Ms. Hames stated that as many were aware an excellent rail system existed in the North Bay, which unfortunately was torn out after World War II. The current proposal was to replace a major portion of that system running along the publicly owned NWP (Northwestern Pacific) right-of-way with 14 rail stations, nine of which would be located in Sonoma County and five in Marin County. With the assistance of a PowerPoint presentation, she explained that these new vehicles would be self contained, self propelled, and quiet, with engines under the floorboards. This vehicle operates in San Diego currently. Ms. Hames explained that SMART would be an alternative to congestion, and would give people a SRCC Minutes (Regular) 10/06/2008 Page 9 SRCC Minutes (Regular) 10/06/2008 Page 10 transportation choice. It was an available resource, could be running by 2014, the currently owned asset could be upgraded and there were environmental benefits. She indicated that 124,000 lbs of greenhouse gas would be removed from the air daily, together with the obvious advantages of other modes, particularly the bike path. Ms. Hames stated it was a 70 -mile corridor with a continuous bicycle -pedestrian pathway paralleling the system, with nine shuttle routes serving stations at the destination end. With regard to train schedules, Ms. Hanes stated that 28 trains would run per weekday, north and south, with a frequency of 30 minutes, and a weekend service had been added since the 2006 project. Regional connectivity would include the San Rafael Transit Center, San Francisco/Larkspur Ferry, and many locations in Sonoma County either near or at co -terminus with bus stations. Noting the bicycle and pedestrian pathway, a major component of the project, had the advantage of not only giving 7,000 — 10,000 people daily a chance to use an alternative transportation mode, it also had recreational and health values. As mentioned, Ms. Hames stated there would be weekend service, which was different from 2006. SMART had worked with the City of Novato regarding an alternative station location for Novato South, a new Funding and Expenditure Plan, and funding for quiet zones had been added. With $4.5 million allocated to the project, most of the public crossings within the district would be developed as "quiet zones". Ms. Hanes reported the SMART project was estimated to costs about $450 million, plus another $91 million to develop the bicycle -pedestrian pathway. These costs included capital costs, maintenance facility, rail vehicles, rolling stocks, full upgrades to Class IV, full upgrade of tracks, signals, crossings, quiet zones, and 20% contingency. With regard to the annual operating costs, Ms. Hames reported that $19.3 million was projected to operate the rail, pathway maintenance and shuttle services, which included a 20% contingency. Construction costs had increased an average of 10-16%, particularly with regard to the asphalt for the pathway and it was assumed costs would continue to escalate, in addition to the 20% contingency. Escalating operating costs were approximately 3.67% annually above the urban CPI (Consumer Price Index), with annual fuel cost escalation at approximately 3.5%. Noting fuel costs had changed, Ms. Hames stated they revisited the estimate beginning with a projection for this year of $5.50 per gallon. This estimate was kept not knowing when the Expenditure Plan was passed a few months ago how bad things would become in 2008. Ms. Hanes reported that currently $132 million was on hand that had been allocated either from the state, federal government, Prop 160, State Rail Bond, Regional Measure 2 ($35 million from bridge toll increase), and Sonoma County Sales Tax Plan 2004. In working with the Transportation Authority of Marin, it was agreed to put a limitation in the Expenditure Plan, whereby SMART would not include the use of any state transportation funding already being received by Marin or Sonoma transit operations. Regarding the Funding Plan review, Ms. Hames reported that they went through a review with the Metropolitan Transportation Commission, an extensive five-month review with the Transportation Authority of Marin, Dr. Eyler, Sonoma State University Economics Department, and a Blue Ribbon Panel of commuter rail transit professionals also reviewed the operating and capital plans. With regard to the non -compete clause, Councilmember Brockbank understood the language to be that SMART would not seek any funding that was being sought by other transit operators in Marin; however, Ms. Hanes' current wording was that SMART would not seek any Prop 1 B funding, and he would hate to see SMART miss any funding that was unique to rail. Responding, Ms. Hanes confirmed it was the funds currently programmed for existing transit districts in Marin County. Councilmember Connolly invited Ms. Hames to address the issue of traffic impacts through Central San Rafael. Ms. Hanes stated they had committed in their EIR (Environmental Impact Report) to a signal timing system that addressed the progression of the train through San Rafael, noting it was a two -car train set that would fit within the City blocks. As the train exited the Puerto Suello Tunnel, a switch could be flipped moving it through a progression of green cycles, much like traffic on Heatherton when entering downtown. They had conducted a computer model of downtown San Rafael and had been working with Mr. Mansourian, City Traffic SRCC Minutes (Regular) 10/06/2008 Page 10 SRCC Minutes (Regular) 10/06/2008 Page 11 Engineer, on that system to replicate the train as a regular occurrence scheduled every 30 minutes. Because of the existing signal system and the improvements to be put in place for the train progression, the train would move through on the green cycle. Councilmember Connolly inquired whether there were any issues with regard to freight and how the commuter rail aspect of SMART would co -exist. Ms. Hames stated that from the beginning they assumed there would be some freight along the corridor. In 2001, a four -car train operated once a week but was stopped in late 2001 by the FRA (Federal Railroad Administration) due to safety issues. The (NCRA) North Coast Railroad Authority owned an easement to operate on those tracks; however, there were issues associated with when that easement would be exercised to operate. Together with settlement of a lawsuit with Novato, they also had to have the improvements they made approved by the FRA. Ms. Hames stated they always assumed that at some point freight would be on the corridor. An analysis was conducted in their supplemental EIR concerning the capacity of the tracks to handle freight and SMART and, given what they proposed in their Notice of Preparation, they could be accommodated within the daytime hours. She stated that SMART would be working with them when and if they got their service up and running and while there were a lot of plans in the works, they were not sure what this service would look like. However, for the high end service they would analyze in their EIR there would be three trains operating six days per week, two of which would be 60 -car trains and one a 25 -car merchandise train. Councilmember Connolly inquired whether SMART would have priority. Ms. Hanes reported that SMART would have priority over the track they owned — Healdsburg to Corte Madera. SMART did not own north of Healdsburg to Cloverdale; therefore, an operating agreement to use their tracks would have to be worked out. Having supported SMART on the last occasion, Councilmember Connolly believed that one of the keys to improving the chances of getting it passed this time was the issue of connectivity to the ferry, making it attractive to North Bay commuters. He invited Ms. Hanes to touch on the issue of linking SMART to the ferry. Ms. Hanes reported that a lot of discussions were taking place currently with Larkspur - SMART Board members and the Larkspur City Council — with regard to improving connectivity. SMART had committed to work with the City of Larkspur in looking at new concepts for parking and connectivity in the Larkspur Landing area. Immediately there would be a pathway from the SMART station platform, located behind the theater parking lot, to Larkspur Landing Circle. From there, one could walk to Larkspur Landing or cross at the intersection of Larkspur Landing and Sir Francis Drake Boulevard. Ms. Hanes reported the County of Marin also planned to build the Central Marin ferry connector in multiple phases, the first phase of which would parallel the tracks crossing Sir Francis Drake Boulevard with a new elevated pedestrian structure which would come down on the south side of Sir Francis Drake to the corner of the ferry parking lot. Nothing long term being done at Larkspur would prevent a future extension of rail since it would come through the Cal Park Tunnel. Should something grow out of discussions with Larkspur, MTC (Metropolitan Transportation Commission), and the County of Marin that an extension of the rail could be achieved, the only loss would be the cost of the platform; everything else, such as ticket machines, shelters, etc., could be relocated. Councilmember Heller requested clarification on how far south freight trains planned to travel, as she heard conflicting reports of it going to San Francisco, and conversely, that it would not go past Highway 37. Ms. Hanes reported that the easement on SMART's tracks only extended south to the Ignacio Wye interchange (the intersection of two rail lines at Highways 101 and 37), but would then connect to the mainline which would then connect to Fairfield and to the UP (Union Pacific) mainline. There would not be any freight south of Ignacio Wye as there was no freight easement. Councilmember Heller inquired whether there would be some type of ability for businesses from the southern part of the State to drive up to that area to receive their freight. Ms. Hanes reported that it was not probable. Big loading areas in the Ignacio area were not under discussion; however, freight from the South or East Bay would use the main line. She noted that south of San Rafael was a different land use. SRCC Minutes (Regular) 10/06/2008 Page 11 SRCC Minutes (Regular) 10/06/2008 Page 12 Don Maadanz, San Rafael, speaking in favor of the bike -pedestrian path, stated that it was 71 miles of Class I pathway, where one could ride from the Golden Gate Bridge to Cloverdale with only 2-2'/z miles of non -Class I area through parts of Sausalito and San Rafael. He noted that one of the biggest problems in the biking community was getting maintenance funds. Although they now had the money to maintain the path from Sausalito to Mill Valley, it was not easy to come by. SMART would not only include the building of the path, but also its maintenance, which was a very important part of building a capital improvement project. Emphasizing how important the bicycle and pedestrian path was, Mr. Magdanz noted that the riders - 7,000- 10,000 — was close to double what would be seen on the train itself. He urged the Council to endorse the project with vigor because it would be great for greenhouse gases and transportation. Kiki La Porta, Sustainable San Rafael, encouraging the City Council to adopt the resolution to support SMART, stated they recognized that SMART was one part of an integrated transportation system that must be established, supported and used in the North Bay. SMART would not preclude supporting other carbon - reducing transportation alternatives, such as expanding Safe Routes to Schools, vehicle incentives for high MPG (miles per gallon) vehicles, car sharing, flextime, or additional employer shuttles to transit. Ms. La Porta also wanted to encourage a fully integrated transit system of Golden Gate buses along with SMART's train, bicycle and pedestrian pathway, and complimentary cross-town shuttles that would serve the entire community of youth, schoolchildren, and seniors. Ms. La Porta suggested SMART's current plan include low emission diesel rail cars utilizing a relatively new diesel technology with effective particulate traps. She requested that the City Council and SMART management continue to explore other alternatives, for instance hybrid vehicles, electrified track, etc. In the broader perspective, Ms. La Porta stated they had seen many issues calling for attention in the world: economic freefall, species decline, water and food problems, and issues directly related to human survival; therefore, she encouraged and thanked the City Council for their leadership. She stated it was an honor for her to work with the City and to be on the Green Ribbon Committee, and she encouraged the City Council to continue to explore all the possibilities in the portfolio of solutions to address the problems facing the community. Jim Geraahtv stated he supported the SMART proposal. Michael Gaspers, West End, San Rafael, urged the City Council to endorse Measure Q. Other transit systems, specifically train systems in the Bay Area, seemed to be having record ridership due to traffic, shortened travel time and people getting out of their cars. He believed an improvement to the bicycle and pedestrian path project would be to have it go through Puerto Suello Hill Tunnel, which would bypass the steep grade of Puerto Suello Hill. With regard to the bike path over Puerto Suello Hill, Mayor Boro reported that starting soon a path parallel to Highway 101 would be built as part of the freeway widening project. Kenneth Web, Peacock Gap, stated that several years ago he was part of a technology consulting team that put a recommendation together for the County of Marin for a fiber optic network; however, because of funding, the project did not go forward. With this project, besides moving people, SMART would have the opportunity to generate revenue by selling the right-of-way to carriers, giving them a 70 -mile straight run for not only fiber optics underground but possibly cable television, etc. Noting AT&T was moving forward with more high speed, he indicated they would need a path also, as well as a contiguous wireless network to enable people to continue working on the train while commuting. Mayor Boro stated it should not be a surprise to anyone that he supported the train, and had for a number of years. The staff report pointed out that General Plan 2020 had a policy that encourages a development and use of a viable commuter rail service through San Rafael, operating between Sonoma and Marin Counties, and this project was very consistent with that. Mayor Boro reported that after the last election, a committee comprised of SMART Board members held 14-15 focus groups with people who supported and opposed the project to ascertain what could be done better next time around. Many of the issues were addressed by Ms. Hanes — weekend service, cleaner operating engine, and the issues with Novato - and the project before the City Council had passed a lot of muster, including the issue of financing. Marin County Supervisors, in particular Supervisor Adams, had many questions about the financial viability; however, she was satisfied that the projections and operating budgets were sound, although neutral on the project itself. SRCC Minutes (Regular) 10/06/2008 Page 12 SRCC Minutes (Regular) 10/06/2008 Page 13 Noting much ado lately about the ferry service, Mayor Boro reported that this past year, it carried two million passengers - Sausalito and Larkspur - which was an all time high. He indicated that it was pointed out to him that the 5,100 people per day projected at the outset equates to approximately two million passengers annually. Mayor Boro stated SMART would have a tremendous impact on roads, it would help environmental concerns, and would only get better as time went on. Noting ferry ridership grew over the years, he believed SMART would grow over the years as needs and demands arose. Reporting he often stated that Highway 101 was a common denominator between Marina and Sonoma counties, he believed a way needed to be found to make it work for both ends as it was not just for Sonoma County, but Marin also. With respect to competition for moneys for existing transportation agencies, Mayor Boro noted this was a big issue for TAM, Golden Gage Bridge District and Sonoma County; however, agreement had been reached. SMART would continue to look for moneys to compete for as a rail line, and would not infringe upon existing allocations to existing service providers. Lastly, Mayor Boro stated that SMART White Papers - 21 articles about different issues - were now available, which he encouraged all to read. Mayor Boro expressed the hope that the project would not only be endorsed this evening, but all would be attending a victory party on November 4, 2008. Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12605 - RESOLUTION ENDORSING MEASURE Q, AND THE SONOMA-MARIN AREA RAIL TRANSIT (SMART) PROJECT, TO RESTORE PASSENGER TRAIN SERVICE ON THE HISTORIC NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY, AND TO ESTABLISH A 70 -MILE BICYCLE AND PEDESTRIAN PATHWAY BETWEEN THE CITIES OF CLOVERDALE AND LARKSPUR Councilmember Brockbank reported that a debate on SMART would take place on Thursday, October 16, 2008 at Olney Hall, College of Marin, and Mayor Boro would speak on the issue at the Friday Forum on October 31, 2008 in Greenbrae. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 14. League of California Cities Annual Conference: - File 9-11-1 As a first time attendee at the Annual Conference of the League of California Cities in Long Beach, Councilmember Brockbank thought it a terrific event. There were great sessions, motivational speakers, and opportunities to converse with people from all over the State. His favorite session was on Climate Change — Local Governments Leading the Way - where Brian Gitt, Build It Green, Jeff Kolin, Santa Rosa City Manager, and Jan Roosevelt, Anaheim Public Utilities gave addresses. Councilmember Brockbank stated that while he liked to think Marin was leading the way, many people around the state were doing a lot of great things. Jeff Kolin spoke in detail about Sonoma County working to set target goals for a 25% reduction in greenhouse gas emission by 2015. They had done great things with the Bennett Valley Golf Course, which would be LEED rated silver, and that there were 25 solar cities, including Santa Rosa. They were experimenting with bio- fuels, grants for alternative vehicles, an ERP (Environmentally Preferable Purchases) policy, shipping and injecting recycled water into geysers to make power out of the steam, and RECOs (Residential Energy Conservation Ordinances). Also attending the conference, Councilmember Heller reported having attended a session on SB 375 — Steinberg. The bill was signed by the Governor and she believed the City in the future would hold a study session on it. She believed it builds on the existing regional transportation planning processes to connect reduction of greenhouse gas emissions from cars and light trucks to land use and transportation. She noted it was tied into AB 32 and hopefully it would all become clear by June, 2009. SRCC Minutes (Regular) 10/06/2008 Page 13 SRCC Minutes (Regular) 10/06/2008 Page 14 Councilmember Heller also attended sessions on California Housing Laws, City Managers Blogging and Firefighters Procedural Bill of Rights Act. She indicated that the Keynote Address was given by Doris Kearns Goodwin, author of Team Rivals: The Political Genius of Abraham Lincoln. On Saturday, the General Assembly considered and passed four Resolutions: General by-laws Amendments, 211 California Telephone Service, Extension of Federal Section 45 Production Tax Credit, and Sober Living Homes. Although the Governor did not sign the Sober Living Homes bill, she hoped that Assemblymember Jared Huffman would make a second attempt since it included San Rafael and Sausalito. There being no further business, Mayor Boro adjourned the City Council meeting at 10:00 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12008 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 10/06/2008 Page 14