HomeMy WebLinkAboutCC Minutes 1991-08-05SRCC MINUTES ,,,eqular) 8/5/91 Page 1
iN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 5, 1991, AT 7:00 P.M.
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-15(a) - #2
No. 91-15(b) - #7
No reportable action was taken.
RE: IMPASSE ON THE PERSONNEL RULES AND REGULATIONS (Per) - File 7-2
Mayor Mulryan announced that the City Council had met in Closed Session to discuss
last week's special meeting regarding the impasse on the Personnel Rules and Regulations.
He stated that the City Council had reached a conclusion and the employee groups will
be notified by a letter which will go out tomorrow.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 5, 1991, AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember.
Absent: None
Also Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL C0114UNICATIONS OF AN URGENCY NATURE
COMPLAINT RE LACK OF PARKING IN CANAL AREA - File 11-8 x 100
Craigq Riqlin, 13 Portofino Road, San Rafael, requested perpendicular parking in the
cul-de-sacs in the Canal area due to the difficulty caused by the number of vehicles parked
in the area. He made an alternate recommendation, for parking permits in the cul-de-sac
areas, so the residents will have parking in front of their residences.
COMPLAINT RE PICKLEWEED PARK NOISE/FIRE HAZARD - File 9-3-66 x 100
Gratia Landley, of 105 Canal Street, informed the Council of the fire hazard situation in
Pickleweed Park, and the fact that there have been a number of small fires there. She
also mentioned the noise level, caused by the people in parked cars after the close of the
Park hours; also, the general deterioration in the Park due to the nighttime usage.
Mayor Mulryan asked staff to have Public Works look into the parking matter, and the
Police Department to see about extra patrols.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting of
July 15, 1991, Special Joint Workshop of
July 17, 1991, and Special Meeting of
July 25, 1991 (CC)
3. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1606 - ORDINANCE OF THE
CITY OF SAN RAFAEL AMENDING AND ADOPTING
TITLE 12 OF THE MUNICIPAL CODE OF THE CITY
OF SAN RAFAEL BY AMENDING CHAPTER 12.20,
"ELECTRICAL CODE" (NATIONAL ELECTRICAL CODE,
1990 ed., AND UNIFORM ADMINISTRATIVE CODE
PROVISIONS FOR THE NATIONAL ELECTRICAL CODE,
1990 ed.) - File 1-6-2 x 9-3-40
RECOMMENDED ACTION
Approved as submitted.
Approved final adoption of
Ordinance No. 1606.
SRCC MINUTES (Regular) 8/5/91 Page 1
4. Adoption of Resolution Authorizing Mayor
and City Clerk to Sign a Joint Powers
Agreement with Marin County Open Space
District for the Management of Open Space
Lands (PW) - File 4-13-84 x 4-13-44 x
4-13-45 x 4-13-69 x 13-14-1
6. Resolution Permitting the Use of Alcoholic
Beverages at the Marin Grand Ball on
October 5, 1991 (RA) - File 13-19 x 104
7. Resolution Approving Extension of Contract
with Life Care Systems for Implementation
of Employee Assistance Program (EAP) for
City Employees (Per) - File 4-3-199
8. Consideration of Request for Extension of
Waiver of Facility Fees for Canal Ministry
for Use of Pickleweed Park (Rec) - File
9-10-2 x 12-15 x 9-3-65 x 9-3-66
9. Resolution Authorizing Time Extension of
Agreement with the State Coastal Conservancy
Through December 31, 1991 (Rec) - File
4-10-236 x 9-3-66
11. Resolution of Appreciation for Daniel
Hulett, Police Sergeant, First Employee of
the Quarter (Through June 30, 1991) (CM) -
File 102 x 7-4
12. Claims for Damages:
a. Randall B. Knox (PW)
Claim No. 3-1-1565
b. Marin Mazda (PW)
Claim No. 3-1-1569
SRCC MINUTES legular) 8/5/91 Page 2
RESOLUTION NO. 8476 - AUTHORIZING
EXECUTION OF JOINT POWERS AGREEMENT
TRANSFERRING OPEN SPACE PROPERTIES
FROM CITY AND COUNTY TO THE MARIN
COUNTY OPEN SPACE DISTRICT
RESOLUTION NO. 8477 - PERMITTING
THE USE OF ALCOHOLIC BEVERAGES AT
THE MARIN GRAND BALL ON OCTOBER 5,
1991
RESOLUTION NO. 8478 - AUTHORIZING
RENEWAL OF CONTRACT WITH ASSURED
HEALTH SYSTEMS, INC. FOR CONTINU-
ATION OF EMPLOYEE ASSISTANCE PRO-
GRAMS (EAP) FOR CITY EMPLOYEES
(For one year from July 1, 1991 to
June 30, 1992, at a fee not to
exceed $10,000)
RESOLUTION NO. 8479 - WAIVING
FACILITY FEES FOR THE SAN RAFAEL
CANAL MINISTRY FOR MONTHLY USE OF
PICKLEWEED COMMUNITY CENTER AND
PARK (From July, 1991, through
June, 1992)
RESOLUTION NO. 8480 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (w/State Coastal
Conservancy Agreement #89-046,
Amendment #1, extending Agreement
for Shoreline Enhancement Plan
through December 31, 1991)
RESOLUTION NO. 8481 - RESOLUTION
OF APPRECIATION (To Police Sgt.
Daniel Hulett, First Employee of
The Quarter, through June 30, 1991)
Approved City Attorney's recommend-
ation for denial of Claims a, b & c.
C. Bruce Peters (RA)
Claim No. 3-1-1570
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following items were removed from the Consent Calendar for discussion:
5. PARCEL MAP - SMITH RANCH, LOT 3: (PW) - File 5-1-239
a. RESOLUTION APPROVING PARCEL MAP AND ACCEPTING DEDICATION OF FIRE STATION SITE.
b. RESOLUTIONS AUTHORIZING EXECUTION OF DEFERRED IMPROVEMENT AGREEMENTS (3).
Councilmember Thayer expressed concern regarding the deferred maintenance, and the
implementation of the plan to maintain the City's pond. She stated that over the
past several months there have been a number of communications from the Marin Conservation
League over the maintenance of the pond, and she feels that since the pond is already
deteriorating that a delay in the maintenance would have serious affects. She inquired
about the time line for the Maintenance Plan.
SRCC MINUTES (Regular) 8/5/91 Page 2
SRCC MINUTES ..egular) 8/5/91 Page 3
Planning Director Pendoley responded that when this project was approved about a
year ago on appeal, a variety of mitigation measures were established. Maintenance
was connected to the Design Review approval, and at that time the EIR (Environmental
Impact Report) was being prepared for the adjacent, larger property, known as Oakridge
Apartment site, which is a separate development. The EIR recommended that a plan
be prepared for the upgrading and provision of a variety of protection measures
for the area. The EIR stated that basically should be the responsibility of the
Oakridge developer, Lincoln Properties, to which Lincoln agreed. That is to be
part of whatever action is finally taken on the project; however, Lincoln Properties
have put their application in abeyance to assess the market conditions and because
of the delay with the Water District. Mr. Pendoley stated that at the present the City
does not have a funding mechanism to prepare a Plan for that area. He said it would
cost between $15,000 and $20,000 to fund the Plan. He stated Oakridge would have
a much larger potential impact on the pond than Smith Ranch Parcel 3, and he stated
for that reason it seems appropriate to require bonding. He stated that, in the
meantime, staff has asked the developer of Smith Ranch to put a barrier in place
to prevent vehicles from going onto the property which should be a great help.
Staff is also in negotiation with the developers of Smith Ranch Retirement Homes
to put a barrier or fence on other portions of the property to further deter people
from getting to the pond. He stated that Oakridge should bear the major portion
of the cost with regard to the pond.
Councilmember Thayer noted that the Oakridge EIR has not yet come back, and she
is concerned that in the long hiatus over the past year and a half to two years
complaints about the conditions around the pond have multiplied. She stated the
City needs an interim solution, since it may be a long time before Oakridge is developed.
Mr. Pendoley stated he may have to look elsewhere for a funding mechanism. Mayor
Mulryan suggested that funding assistance may be available from environmental groups,
and Mr. Pendoley stated he will look into it.
Councilmember Boro stated he agrees with staff's position, and that the $7,000 bond
would seem appropriate. He pointed out that this applicant has given the City the
land for the Fire Station.
Councilmember Shippey stated he agrees with Ms. Thayer's remarks. Councilmember
Breiner inquired if the amount of the performance bond is realistic. Assistant
Public Works Director Strom stated that Condition A was the Engineer's Estimate,
and that based on other projects, this figure was found to be adequate. He added
that the estimate by the landscape architect is shown under Item C in the staff
report. Mr. Strom noted that the amount of the bond does not relieve the applicant
of the fulfillment of the conditions, and if the work costs more they are still
obligated to do it.
Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the four
Resolutions as recommended by staff:
RESOLUTION NO. 8482 - APPROVING PARCEL MAP - "LOT 3, MAP OF SMITH RANCH"
b. RESOLUTION NO. 8483 - AUTHORIZING THE SIGNING OF DEFERRED IMPROVEMENT AGREEMENT
- SMITH RANCH LOT 3 PARCEL MAP WITH ROGER SMITH AND MICHAEL
SMITH FOR COMPLIANCE WITH FS91-1 CONDITION 1, ED89-59
CONDITION (d)5 AND ED89-59 CONDITION (n) -(and performance
bond for $36,800 to ensure construction of future access
road and retaining wall for fire station site, etc.)
C. RESOLUTION NO. 8484 - AUTHORIZING THE SIGNING OF DEFERRED IMPROVEMENT AGREEMENT
- SMITH RANCH LOT 3 PARCEL MAP WITH III PARTNERS FOR
COMPLIANCE WITH ED89-59 CONDITION (y) (In which owner
agrees to participate in funding and implementation of
plan to maintain City's pond.)
d. RESOLUTION NO. 8485 - AUTHORIZING THE SIGNING OF DEFERRED IMPROVEMENT AGREEMENT
- SMITH RANCH LOT 3 PARCEL MAP WITH III PARTNERS FOR
COMPLIANCE WITH ED89-59 CONDITION (h) (Agreement for
Satisfaction of Design Review Condition and performance
bond for $7,030 to provide installation of landscaping of
Pond Buffer Area as per approved landscape plan.)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 8/5/91 Page 3
SRCC MINUTES kRegular) 8/5/91 Page 4
10. RESOLUTION APPROVING A BUDGET FOR THE NEW CHILD CARE CENTER AT MARY SILVEIRA SCHOOL
(Rec) - File 4-10-188a x 9-3-65 x 8-5
Councilmember Shippey inquired if there would be sufficient enrollment in the Mary
Silveira School child care program. Recreation Director Sharon McNamee responded
that since the Don Timeteo children were transferred to the Vallecito School program,
and Dixie Schools have expressed a need for additional facilities, she is confident
that the Mary Silveira School enrollment will be successful.
Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the resolution
approving a budget for the Mary Silveira School Child Care Center.
RESOLUTION NO. 8486 - APPROVING A BUDGET FOR A NEW CHILD CARE CENTER AT MARK SILVEIRA
SCHOOL ($75,260 for 10 -month fiscal year 9/1/91 thru 6/30/92;
to be self-supporting, with revenues to cover expenses)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS
13. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO:
a. THOMAS LOLLINI, DESIGN REVIEW BOARD MEMBER - File 9-2-39
b. DANIEL HULETT, POLICE SERGEANT, EMPLOYEE OF THE QUARTER - File 102 x 7-4 x 9-3-30
Mayor Mulryan presented a Resolution of Appreciation to Thomas Lollini, former Design
Review Board member, and thanked him for his contributions to the City because of
the manner in which he handled the process, his courtesy and respect for the public,
and the results of his work.
Mayor Mulryan then presented a Resolution of Appreciation to Daniel Hulett, Police
Sergeant, who was named Employee of the Quarter. Mayor Mulryan congratulated Sergeant
Hulett on his performance of Police duties, and the fact that his unit is 100% behind
him.
14. PUBLIC HEARING - MISCELLANEOUS GENERAL PLAN AMENDMENT RESULTING FROM 1991 GENERAL
PLAN EVALUATION (P1) - File 115
Mayor Mulryan declared the Public Hearing opened.
Principal Planner Jean Freitas was asked to give the highlights of the Amendments.
She first announced that there has been a request from the Elks Club for a continuance
of the hearing with regard to their property. Ms. Freitas explained that unfortunately
the notice did not go out to the Elks Club, regarding the change in their land use
designation, before the Planning Commission Public Hearing, and she is recommending
that the Council defer formal acceptance of the Negative Declaration at this time
and continue this Public Hearing to their next meeting so the Elks Club may provide
input.
Ms. Freitas noted that these recommended General Plan amendments include updated
traffic allocations and new Assessor's Parcel numbers. She then reviewed the changes
in land use designations for Dominican Area, West End/Gerstle Park, Sun Valley/Fairhills,
Southern Terra Linda/Lincoln Avenue, Terra Linda, and Northgate, Loch Lomond Area,
and East San Rafael.
Councilmember Breiner inquired if staff had checked with the City Attorney regarding
Item #7 in the staff report regarding the Ann Curtis Swim School, with the designation
of "Public/Quasi Public". Ms. Freitas explained that designation is for recreational
uses, such as the Peacock Gap Golf Course and the Racquet Club, so that designation
would be consistent with the existing use of the Ann Curtis Swim School.
Councilmember Shippey inquired regarding Item 9, involving the two Los Gamos Road
parcels which appear to be incorrectly designated as "Park/Open Space", as to whether
legal research is in progress. Ms. Freitas stated that the City Attorney reviewed
this issue, and that the research showed title reports, final map and subdivision
conditions do not indicate any description.
Councilmember Thayer inquired about Item 2, West End/Gerstle Park, as to why the
lots listed would be just "Low Density" rather than "Hillside". Ms. Freitas explained
that most of the lots are 5,000 to 10,000 square feet, and Hillside Residential
SRCC MINUTES (Regular) 8/5/91 Page 4
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starts at 20,000 feet minimum. She noted that for either designation there could
only be one house on each lot. She noted one lot is a little larger, but the Hillside
Design Standards will take care of that future development.
Councilmember Thayer then noted Item 4, which refers to a question on property
at the end of Sirard Lane regarding whether it should be one lot or two. She stated
she would like to direct staff to check the legality of the parcels. Ms. Freitas
stated the City might be able to start the process of a Notice of Violation. Mayor
Mulryan inquired if this item and Item 5 (Elks Club) could come back at the next
meeting. City Attorney Ragghianti explained that the Notice of Violation process
requires an opportunity be given for the property owner to come forward and object
if they wish to. He said he doubts the issue could be settled by the next Council
meeting.
Councilmember Breiner then referred to Page 6, Text Modifications, under LU -13m,
Commercial and Industrial Land Use Categories. She stated she would like to recognize
the importance of housing, even in the industrial area, and suggested that staff
prepare wording so that the possibility of having housing in an industrial area
will not be prohibited. Councilmember Thayer stated that it would become a legal
nonconforming use. She stated that would mean another General Plan amendment if
housing were to be permitted in an industrial area, and suggested that the General
Plan could eventually be changed to include housing in an industrial area. Mayor
Mulryan suggested that this issue be given further study and discussed at a later
date.
Councilmember Breiner pointed out that on Page 7 of the staff report, Item 17,
LU -13 referring to Commercial and Industrial Land Use Categories, where it states,
"General retail and service uses; restaurants, automobile sales and service uses;
hotels/motels; offices except along. ." the word "ancillary" should be inserted
before "offices".
Councilmember Thayer pointed out that small offices which are part of a retail business
are ancillary, but that there are some areas on Redwood Highway where there are
retail in front and offices behind. Councilmember Breiner stated that staff should
watch this carefully, since she is not sure that the City will end up with what
it wants, due to the market. Ms. Freitas stated that problem could be handled through
the Use Permit process, to control the conversion of retail to office use.
Alice Vipiana, of the Dominican Area, stated her concern regarding splitting of
lots in the Dominican Area. She said she would like to see the 5,000 square foot
lots eliminated and have nothing smaller than 10,000 square feet, which is barely
adequate.
Ms. Freitas responded that would only apply to 5,000 square foot lots on Williams.
The balance would be 10,000 square feet.
There being no further public input, the Public Hearing was closed.
Mayor Mulryan then reopened the Public Hearing and continued it to August 19, 1991,
to hear Item 5 and take action on the Negative Declaration.
Councilmember Breiner inquired, regarding the lots at the end of Sirard Lane, whether
there was the possibility of one of the lots being sold off before this issue is
settled. Ms. Freitas responded that these lots come under the Hillside Residential
land use designation, and subsequent zoning would be one acre.
15. STATUS REPORT ON MARIN RANCH AIRPORT (P1) - File 12-12 x 12-17 x 100 x 10-2
Planning Director Pendoley reported that there have been complaints on the lack
of progress in processing the Use Permit extension for Marin Ranch Airport. He
explained that initially the delay was due to the resignation of the project planner
and the Planning Department workload. However, the larger problem, which has accounted
for the majority of the delay, has been the great difficulty getting information
from the applicant regarding existing land uses at the airport. He added that one
of staff's objectives for this permit is to develop more detailed, measurable and
enforceable conditions. He stated that until recently, the attorney for the permit
holder asserted that the requested information regarding businesses on site, their
operations, traffic generated, equipment and materials used and other similar
information, could not be required. However, the City Attorney has cited the legal
basis for the requested data and the applicant now agrees to supply the material by
August 23rd. A hearing before the Planning Commission will be scheduled for the first
meeting in October. This would give staff time to analyze the information, and prepare
a thorough staff report.
SRCC MINUTES (Regular) 8/5/91 Page 5
SRCC MINUTES kotegular) 8/5/91 Page 6
Councilmember Shippey inquired exactly what type of data staff expects. Mr. Pendoley
responded that one of the most difficult issues is interpreting the original permit.
He stated that, in addition to needing to know exactly what was going on at the
site then, there must be a comparison of today's activities which must be known
in exact detail.
Councilmember Shippey stated it seems to him that the applicant could claim whatever
he wants to regarding what was on site in 1974, and there would be no way to prove
otherwise.
City Attorney Ragghianti stated he does not think the applicant can do that. He explained
that the City has to look at what it has done in the past, noting they have continued
to renew the permit. He stated it is the applicant's responsibility to demonstrate,
in the course of the renewal of the application, the actual uses on the site at
this time. He stated he made that clear to the applicant. He also noted that uses
permitted during the various renewals of the permit are to be permitted. He stated
there may be members of the public who will testify as to the present uses.
Councilmember Thayer inquired, regardless of what the property is being used for,
is it incumbent on the City to renew the Use Permit. Mr. Ragghianti stated it could
be denied, but there would have to be reasons why it would not be extended. He
said the applicant is entitled to make the application and if it is to be denied,
there have to be rational reasons for it.
Councilmember Boro referred to a letter from Attorney Al Bianchi dated July 26,
1991, stating that everything will be submitted on or before August 23rd. He stated
that it would be helpful if staff would come up with some kind of matrix to demonstrate
past and current uses so the City Council can evaluate the information.
Mr. Pendoley responded that is a good suggestion, and he will do a comparative analysis.
Georqe Silveira spoke of a triangular piece of land he owns, which is located near
the airport, and which was given to the Veterans of Foreign Wars by Jordan Smith,
and the problems they are having with illegal dumping. Mayor Mulryan told Mr. Silveira
that this is not the subject of tonight's meeting, but that if he will give his
information to Planning Director Pendoley, the Planning staff can help him.
16. REPORT ON REVIEW OF McINNIS PARK MASTER PLAN/DRAFT ENVIRONMENTAL IMPACT REPORT;
END OF SMITH RANCH ROAD (P1) - File 9-3-66 x 10-2
(Councilmember Boro disqualified himself from discussion due to conflict of interest,
and left meeting.)
Planning Director Pendoley informed the Council that this item was before the Planning
Commission at their last meeting, and their comments and recommendations to the
Council are included in the staff report.
Ms. Freitas explained the plan with a site map, indicating the location of the golf
course, Wildlife Center, tennis courts, clubhouse and other buildings, entertainment
center, and the parking. She then referred to Page 2 of the staff report regarding
traffic impacts. She stated that the DEIR (Draft Environmental Impact Report) does
not adequately address short term traffic impacts prior to construction of the planned
Lucas Valley/Smith Ranch/101 roadway improvement. She noted that the General Plan,
Policy C-3, states that new development is to be constructed only after needed
circulation project funding has been guaranteed, circulation project environmental
review has been completed, and findings have been made that the time frame for
completion of the needed circulation improvements will not cause LOS D (Level of
Service) to be exceeded. She added that this policy is implemented through a Priority
Projects Procedure.
Ms. Freitas pointed out that the DEIR indicates there would be a 150 -foot buffer
between the wetlands and the golf course, and that City policy indicates 100 -foot
buffer for the buildings. Ms. Freitas stated that the applicant now says that a
150 -foot buffer would take four holes from the golf course, and they are now proposing
a 45 -foot buffer.
Councilmember Shippey noted that there are three projects competing for Critical
Moves (CM's), and inquired how many projects are likely to be in construction before
the next Priority Projects Procedures (PPP).
Ms. Freitas responded that Smith Ranch Parcel 3 is ready to go, and it is possible
that if Oakridge does not go forward, there would be capacity for this project.
SRCC MINUTES (Regular) 8/5/91 Page 6
SRCC MINUTES (Regular) 8/5/91 Page 7
She stated the DEIR does not give staff information to analyze that. She stated
that, additionally, the traffic analysis includes a new road improvement which is
not mentioned in the City's General Plan, which is the widening of Smith Ranch Road
under Highway 101. The costs and the funding for that project need to be better
documented. However, not included in the report is the extension of McInnis Parkway
to Smith Ranch Road. She stated that the County needs to work with the City regarding
the traffic mitigation fees for the new trips which are created, or other methods
to insure that traffic impacts are mitigated. She noted there was some sort of
agreement between the City and the County on how the water slides traffic was to
be mitigated when that project was being considered. The DEIR states that no traffic
mitigation is necessary, and that is in error.
Ms. Freitas reported that the Master Plan proposes filling and modification of two
wetland features for construction and operation of the golf course and practice
area. She stated that City policy would recommend no fill, or if fill is proposed,
mitigation at a 2:1 ratio. She noted that the two small drainageways proposed to
be filled could be mitigated at a 1:1 ratio, if the mitigation area is superior.
She noted that the DEIR does not give us that information. Staff is recommending
that more information on this issue be requested.
Ms. Freitas stated that the visual impact would be the Wildlife Center on the knoll
which is the former Nike Missile Site. She noted that ridgeline was not identified
in the DEIR as a visually significant feature. She stated that staff feels that
the design of the proposed low construction on the ridgeline with sod roofs does
appear to minimize visual impacts. She noted that the DEIR should expand their
discussion to state that the ridgeline in question has been highly modified and
graded for the Nike Missile Installation. It should also examine whether further
tree screening could be accomplished.
Ms. Freitas then referred to Page 10 of the staff report, under Air Quality, Impacts
and Mitigations, and stated that complaints have been received from the Las Gallinas
Valley Sanitation District about their being required to conduct tests because of
the proximity of their treatment plant to the residential quarters of the Wildlife
Center.
She said she would strongly recommend the alternative suggested by staff, that they
rotate the residential component outside of the Park.
Mayor Mulryan inquired if the Council was in agreement with staff's analysis, and
they agreed. Councilmember Shippey recommended that all comments be forwarded to
the County. Mr. Pendoley stated they will see that the comments go into the record,
and that they will address the DEIR, and not the merits of the project.
Carolyn Campbell, former Director of Public Works for the City of Larkspur, and
a registered Traffic Engineer, complimented staff and the Planning Department for
their traffic analysis. She stated the traffic issue is very critical to Contempo
Marin Mobilehome Park, where she lives. She stated that the recommendation for
phasing the project is an excellent one, and she did not see that in the DEIR.
She noted that the PM peak hours are not addressed in the EIR. She noted that in
the Appendix, the LOS (Level of Service) times were done in the morning, whereas
the peak is in the afternoon. She noted there were not adequate answers regarding
the recreation traffic, which will be the largest generator. Also, there was no
adequate indication of public transit, and there is a possibility that the only
bus which now runs out to that area may be discontinued. There was no comment on
carpooling, school buses, tourist and charter buses, nor was there mention of the
traffic generated by the Wildlife Center, which is considerable. There is also
the issue of the pedestrian and the biker.
Ms. Campbell stated that circulation within the Park is unsafe, and the road alignment
and slope are not safe from a traffic engineering standpoint. She also noted that
the consultant has not looked at Contempo, nor at the Captain's Cove condominium
development. She stated that the weekend traffic figures were done on an average,
and this is not an average kind of development with average traffic. She noted
that families will go out on weekends, and the traffic will compete with the movie
theater traffic. She stated there must be a signalized intersection at Yosemite
Road and Smith Ranch. She stated that a 30% increase in noise would not be unnoticeable
as the DEIR states. Ms. Campbell asked that the traffic -generated signal at Yosemite
Road and Smith Ranch be installed at the beginning of the project, in order to avoid
serious accidents.
Don Dimitratos, Director of Parks and Recreation for Marin County, stated they are
concerned about the 100 -foot buffer zone. He inquired if, as long as there are
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17.
SRCC MINUTES (Regular) 8/5/91 Page 8
no structures, would it be alright to have a 45 -foot buffer, noting that they have
the approval of the State and Federal Government, on mitigation of a 45 -foot buffer
separating the wetland from the upland. Ms. Freitas said she will clarify with
Mr. Dimitratos what the City policy says.
Councilmember Breiner stated that on Page 10, under Public Utilities and Services,
it states that private security guards would work at the facility during peak periods
such as weekend evenings and summer nights. She recommended that weekend days would
be just as deserving of extra security guards. She stated that since the mitigation
provides for the San Rafael Police Department having jurisdiction and primary
responsibility outside the Park's boundaries, if we find we are having a large
number of arrests which are costly to the City, we should work out an arrangement
with the County. There is also the possibility of traffic incidents in the vicinity
of the Park.
Paul Cohen, Planning Commissioner, noted that the Planning Commission comments on
this subject at their last meeting were not on the merits of the project. He agreed
that some analysis of the weekend traffic should be made and some numbers used to
determine LOS based on the weekend use.
Mayor Mulryan asked that staff pass on the comments made tonight to the County.
(Councilmember Boro returned to the meeting.)
REPORT ON REVIEW OF DRAFT EIR FOR MARIN MUNICIPAL WATER DISTRICT WATER SUPPLY (P1)
- File 151 x 10-2
Principal Planner Freitas reported that the MMWD Water Supply Project includes either
establishment of an 8 -mile pipeline from near Petaluma to Novato to convey Russian
River water to be purchased from Sonoma County water Agency, or a 10,000 acre feet
per year desalination plant located on Pelican Way in San Rafael. She stated the
Draft EIR examines both equally, and what the EIR looks at in San Rafael is the
pipeline which parallels Highway 101 generally, a pump station at Jacoby Street,
and a couple of sets of tanks, two on San Quentin Ridge and either one or two on
the St. Vincent's property or on open space lands above Marinwood. She stated the
staff analysis focused primarily on the environmental impact on those facilities
within the San Rafael Planning Area. The major inadequacy staff saw was the visual
impacts of the proposed water tanks and the access roads.
Ms. Freitas stated that the pictures in the DEIR do not show what the tanks will
look like, and the photo montage does not show the alignment of the access roads.
There is no indication of what the impact of the grading for the retaining walls
associated with the access roads would be. Staff expects they would be highly visible,
and this would be a significant feature to the City. Staff is recommending that that
analysis be improved, and the Planning Commission recommended that an additional
mitigation would be that they go through the City's Design Review process.
Ms. Freitas added that staff had also requested additional information, comparing
the relative benefits and drawbacks of the Marinwood tank versus St. Vincent's.
She said it is not clearly presented, but from the DEIR it appears that the Marinwood
tank could be completely buried which would be superior to the St. Vincent's location,
which will be visible. Ms. Freitas stated she thinks the St. Vincent's location
is preferred by MMWD because the access road is a little easier, but there needs
to be a clearer discussion of that with regard to impact. She said there is also
the matter of the wildlife impact, because of the access road and pipeline, and
staff is asking that be elaborated on to some extent. Also, MMWD should work with
Public Works Department regarding the pipeline activities in the congested areas,
and also mitigation measures or project measures included in pipeline construction
in Bay Mud in the Andersen Drive area, to protect against rupture.
Councilmember Breiner stated this is a very thorough review. She added that another
argument which would substantiate going through Marinwood would be the tank being
completely buried rather than having a tank on a hill. She stated that would be
more aesthetically appropriate.
Councilmember Shippey noted staff stressing the importance of not disturbing the
habitat of the Burrowing Owl, which has already been disturbed by recent development.
Councilmember Boro stated that MMWD should be sensitive to the cost, but also to
the aesthetics. He urged that they not include something cheaper. Also, he stated
the City should point out that we are in the process of analyzing that site, and
that they hold off on the tank location and pipeline on St. Vincent's property and
work with the St. Vincent's/Silveira Committee. Ms. Freitas said she will make
that request.
SRCC MINUTES (Regular) 8/5/91 Page 8
18. CITY COUNCIL REPORTS
a.
a
SRCC MINUTES Regular) 8/5/91 Page 9
REPORT ON 101 CORRIDOR COMMITTEE ACTIONS - File 170
Councilmember Boro gave a brief verbal report, and stated that he hopes to
come up with a detailed report in the next several months, after they reconvene.
Councilmember Boro announced that, with regard to the Downtown Plan, the Manager
of Macy's has agreed to join the Committee and will attend their August 22nd
meeting.
REPORT ON OLEANDER PARK IRRIGATION AND WATER TRUCK IRRIGATION (PW) - File 9-3-66
x 9-3-40
Assistant Public Works Director Strom briefed the Council, stating the Oleander
Park has an irrigation system which is 35 years old, and complete irrigation
of the turf is not accomplished. He stated that over time, the valves have
become inoperative and parts are becoming difficult to find. He said that
during the latest drought, staff ceased watering the turf because of the
inefficiency of the irrigation system and the resultant high cost of water use.
He said the grass has turned brown, but will turn green again upon resumption of
irrigation. Staff estimates that it would cost between $50,000 and $70,000 to
install a modern, electrically operated, efficient irrigation system. He added
that the use of well water from Oleander Park to irrigate the Park is not feasible,
since it is estimated that a pumping and storage system would cost approximately
$25,000.
Mr. Strom stated that the water truck works at night, and has been for a number
of years. He said it is a very effective way to water islands and other areas
by truck. In the past they had filled the trucks with water from fire hydrants,
but since the drought the MMWD will no longer permit them to. He noted that
there are two parks with wells - Oleander and Bret Harte. He stated he has
a letter from a resident near the Bret Harte Park saying they are still coming
to the Park too early. He noted that Bret Harte Park is less accessible, and
the trucks use backup bells. He stated that Public Works is in a dilemma,
since there is no other way to fill their water trucks.
Mayor Mulryan inquired about filling the tanks after 6 A.M., and Mr. Strom
stated they do it during the night at Oleander, but they do not have to back
up so it is quieter.
Councilmember Shippey inquired about hooking up to reclaimed water, and Mr.
Strom stated there are strict regulations regarding the use of reclaimed water,
such as someone being present during the watering and all of the water being
absorbed with no runoff. He said they have Health and Safety standards.
Councilmember Boro inquired if McInnis Park is watered with reclaimed water,
and Mr. Strom said he would look into it. He noted that at Freitas Park some
of the sprinklers spray into the pond, and that is prohibited for reclaimed
water.
Councilmember Thayer noted that the Highlands development which is above Oleander
Park could have part of their fees for recreational use nearby, and recommended
it for Oleander Park. City Manager Nicolai stated that the Highlands fees
have not yet been collected, but that is the type of fee which can be used
with other funding. Mr. Strom stated it would be approximately $8,000 to $10,000
in fees.
Councilmember Boro stated the City said they would cut back on maintenance,
but they should not let a Park die. He stated if water is going to be taken
from the Park and put in a truck, some of the water should go to the Park.
He stated if staff is looking for guidance and direction from the Council,
they should find a way for the two Parks to be watered. He noted that at Bret
Harte trucks come in the middle of the night and go to morning. He recommended
they start at 4:00 P.M. and go through the evening.
Mr. Strom stated he will investigate this and come back with alternatives at
the next meeting. He said they do not intend to abandon Oleander Park. He
noted that many of the lawns in the neighborhood are in the same condition
as the Park.
Councilmember Shippey stated there should be a palatable solution which would
cost less than $70,000.
SRCC MINUTES (Regular) 8/5/91 Page 9
SRCC MINUTES (Regular) 8/5/91 Page 10
Dick Smith, of 206 Oleander Drive, asked that the Park be preserved. He said
he cannot let his daughter play on the swings because of the weeds in the area.
He noted that irrigation systems have been improved, and retrofitting in at
least a part of the Park should be workable.
Cecelia Martz, of 274 Oleander Drive, spoke of the condition of the Park, and
showed pictures to illustrate. She also showed pictures of the other Parks
in the Terra Linda area, some of which were built after the Terra Linda Community
Services District annexation to the City, and noted that all of the other Parks
are being watered and maintained. She referred to her letters to the City
Manager and Council with further detail. Mrs. Martz stated that there are
wooden fences, and the weeds are overgrowing the area.
She noted that the street sweeper machine also fills up at the well in the
Park. She showed the Council samples of foxtails from the Park, and the length
of their roots. She noted that the merry-go-round had broken years ago, and
had never been replaced. Also, when there was a hazard found in Peacock Gap
Park by vandalism on a slide, there were notices posted in all the City Parks,
except Oleander. Mrs. Martz presented four pages of signatures of residents,
accompanying her letter.
Mrs. Martz was promised that the matter would be studied, and a report made at
the next Council meeting.
ADD ITEMS:
1. SPEEDING TRUCKS ON SAN PEDRO ROAD - File 11-1 x 100 (Verbal)
Councilmember Breiner discussed the problem caused by speeding trucks on San Pedro
Road, and cited the accident caused by rocks sliding off a truck in downtown San
Rafael which tied up traffic for five hours. She requested a report from the Police
Department. Mrs. Breiner added that people had also complained of cracks in their
windshields from rocks flying off the trucks.
2. TRAFFIC PROBLEM ON NOVA ALBION EXIT FROM SAFEWAY - File 11-1 x 100 (Verbal)
Councilmember Breiner stated there should be a sign at the Safeway service road
on Nova Albion Way, directing the turn. Councilmember Thayer noted that Safeway
trucks often block the exit, forcing drivers to make a wrong turn and requested better
signage in the area.
3. CITY/COUNTY SOURCE REDUCTION RECYCLING ELEMENT - File 13-2 x 4-3-32 (Verbal)
Councilmember Shippey mentioned the workshop and hearing scheduled for August 6th
at Pickleweed Park, and another hearing scheduled for central cities and the County
on September 11th. He asked the opinion of the Council on handling the hearings.
Councilmember Thayer indicated she will be attending the August 6th meeting, and
stated it is important that the public attend this meeting to understand the need
for recycling within the County.
City Manager Nicolai recommended that the City reserve the right to have its own
hearing once these meetings have been held and the other cities' and the County's
comments are consolidated. She stated this would give the residents of San Rafael
a better understanding of the program and how it is being handled throughout the
County.
There being no further business, the meeting was adjourned at 10:20 P.M.
JEANNE .�LEONCINI, Cit�lerk
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 8/5/91 Page 10