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HomeMy WebLinkAboutRA Minutes 1995-12-18SRRA MINUTES (Regular) 12/18/95 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 18,1995, AT 7:30 PM Regular Meeting: San Rafael Redevelopment Agency Present: Albert J. Boro, Mayor Paul M. Cohen, Member Barbara Heller, Member Gary 0. Phillips, Member David J. Zappetini, Member Absent: None Also Present: Jake Ours, Acting Executive Director Gary T. Ragghianti, Agency Attorney Jeanne M. Leoncini, Agency Secretary ORAL COMMUNICATIONS OF AN URGENCY NATURE 7:30 PM None. CONSENT CALENDAR Member Zappetini moved and Member Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Resolution Amending the Redevelopment Agency RESOLUTION NO. 95-33 - Budget for 1995/96 (RA) - File R-103 RESOLUTION ADOPTING THE AMENDED BUDGET FOR FISCAL YEAR JULY 1, 1995 THROUGH JUNE 30, 1996 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (IN THE AMOUNT OF $8,739,838). 3. Resolution of Appreciation to Tom Orovich, RESOLUTION NO. 95-34 - Deputy District Administrator for San Rafael RESOLUTION OF APPRECIATION TO Sanitation District (PW) - File R-140 #8 x TOM OROVICH, DEPUTY DISTRICT SR( CC) 102 ADMINISTRATOR FOR SAN RAFAEL SANITATION DISTRICT. AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None The following item was removed from the Consent Calendar for discussion: APPROVAL OF MINUTES OF REGULAR MEETING OF MONDAY, DECEMBER 4, 1995 (AS) Member Heller stated she was abstaining from the minutes, as she was absent from the meeting. Member Cohen moved and Member Zappetini seconded, to approve the minutes of the regular meeting of Monday, SRRA MINUTES (Regular) 12/18/95 Page 1 SRRA MINUTES (Regular) 12/18/95 Page 2 December 4, 1995 as presented. AYES: MEMBERS: Cohen, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None ABSTAINED: MEMBERS: Heller (due to absence from meeting). SPECIAL PRESENTATION PRESENTATION OF RESOLUTION OF APPRECIATION TO TOM OROVICH, DEPUTY DISTRICT ADMINISTRATOR FOR SAN RAFAEL SANITATION DISTRICT (PW) - File 140 #8 X (SRCC) 102 Chairman Boro presented the Resolution of Appreciation to Tom Orovich, noting that he was retiring from the City after twenty-eight years of service. On behalf of the City, Chairman Boro thanked Mr. Orovich for all his help and fine service to the City of San Rafael. PUBLIC HEARING: PUBLIC HEARING - TO CONSIDER DRAFT NEGATIVE DECLARATION FOR THE BRET HARTE/PICNIC VALLEY STORM DRAIN IMPROVEMENTS PROJECT (PW) - File R-356 x R-353 X R-347 X R-54 Chairman Boro declared the Public Hearing opened and asked for the staff report. Assistant executive Director (Public Works) David Bernardi reported staff was presenting a revised Resolution, which incorporates additional mitigation measures and makes them mandatory rather than including them in the Negative Declaration, which will ensure the wetland area that is to be preserved will be monitored and mitigated as indicated in the Negative Declaration. Mr. Bernardi reported that several meetings ago the Agency adopted a Storm Drainage Master Plan, and more importantly, accepted a report prepared by a consultant which analyzed a number of drainage systems in San Rafael that needed improvements. He stated these drainage systems have been divided into two sub -areas; the first is the Mahon Creek sub -area, which involves the creek next to Albert Park Lane, and the drainage channel running up from :B: Street and Albert Park Lane to First and "D" Streets and further up stream; the second sub -area is the Bret Harte drainage system. Mr. Bernardi stated the agency is concentrating on the Bret Harte drainage system because they are planning to construct a portion of this system under the Andersen Drive project, and noted the Redevelopment Agency has budgeted funds under the New Redevelopment III to construct a portion of this drainage system. Mr. Bernardi reported a new pump station, which will be built by CalTrans in 1997, will be part of the new drainage system, noting that in the interim, Phase B-3 and a small portion of Phase B-4 will be built as part of the Andersen Drive project, along with Phase B-2. Therefore, he stated the environmental document must be done for the entire section. Mr. Bernardi's slide presentation showed areas of flooding which occurred last year throughout the City, and he noted that last week's storm produced similar results. Areas of flooding shown included Irwin Street, Lovell Avenue, Andersen Drive, Woodland and Lindero Streets near Davidson Middle School, "B" Street and Albert Park Lane, "C" and First Streets, and Mahon Creek near the Wildlife Center. Mr. Bernardi stated the primary reason these areas have a flooding problem is because the existing pump station, located at 555 Francisco Blvd., is under capacity, is too small, the box culvert under the freeway is too small, and the existing drainage system is very SRRA MINUTES (Regular) 12/18/95 Page 2 SRRA MINUTES (Regular) 12/18/95 Page 3 sensitive to any upset, noting that as little as one inch difference in the water surface elevation, at the grate before the water goes under the freeway, which determines whether or not Irwin Street and Lincoln Avenue will be underwater. Therefore, a high degree of maintenance is required. Mr. Bernardi stated one of the reasons CalTrans is going to build the new pump station is because it will be mitigation for this inadequate box culvert going under the freeway. Referring to the Environmental Review of the entire project, Mr. Bernardi reported the biggest concern expressed thus far is the drainage ditch located behind Davidson Middle School, and that one of the concerns is that it has been identified as a wetland. Mr. Bernardi reported the Agency's consultant surveyed the area and identified many plant species, as well as the wetland's value, noting that a special effort needs to be made to preserve this wetland. The Negative Declaration is proposing a system whereby all of the drainage that currently runs through the drainage channel will continue to run down the channel, except for the water that floods in the street. Mr. Bernardi stated this project proposes to bypass the drainage channel, take the excess water off the street, run it down through the school yard and into the new drainage system that will be constructed. Mr. Bernardi stated one of the serious concerns was to maintain the integrity of the wetlands, and noted they propose to do that by installing a weir on the upstream and downstream ends. He explained that a weir is like a wall, noting the upstream weir will direct the water to go down the channel under normal flow conditions, and when flood conditions are reached, the excess water will flow over the top of the weir and into the new storm drain system, without causing flooding to the surrounding properties. Similarly, there will be a weir downstream in order to maintain the water elevation along the channel. Mr. Bernardi reported a number of questions were raised with regard to exactly how this would work, and stated he had spent time with the Science Teacher and her students at Davidson Middle School, and explained to them that the ditch will not know there is anew storm drain system installed, because it will continue to get the same amount of water that it is getting now. He noted the ditch is clearly inadequate to carry all of the water that it needs to in order to meet the City's storm drainage purposes, and that the City recognizes this is a valuable wetland, and the City will mitigate that. Mr. Bernardi reported that because this project will not be built for two years, the Agency will be working with the school to create a project for the Science Department, whereby they will do a lot of the monitoring of the existing conditions, which will be used in the final design of the project. He noted the Agency is prepared to purchase the necessary measuring instruments, temperature gauges, and whatever else may be necessary to get a clear picture of the situation before any construction occurs. Mr. Bernardi reported this monitoring will take place over the period of a year, and that information will be used to establish elevations for the weirs, noting the elevation of the weirs is very important. Mr. Bernardi stated that once construction is completed, they are also proposing this whole system be monitored for five years, noting the Corps of Engineers will typically use a five year time period to review any mitigation measures, and the Agency feels that this would be appropriate in this case. He stated if the weirs need adjustment, they are prepared to do that as time goes on and they continue to monitor the project. He reported the weirs will be located on the City streets, noting the upstream weir will be located at the intersection of Woodland and Lindero, and the downstream weir will be located on City right-of-way. Mr. Bernardi stated the construction on the school property will be done during the summer when children are not present, thereby reducing the hazard to the children, and not making the school yard inaccessible while they are in school. SRRA MINUTES (Regular) 12/18/95 Page 3 SRRA MINUTES (Regular) 12/18/95 Page 4 Member Zappetini asked if the work on the Stormwater Project will overlap with this project, and if the consultants on the Stormwater Project will be monitoring this project as well? Mr. Bernardi stated that was correct, and noted that a report including an inventory of the pump stations would be brought to the Agency in thirty days. Mr. Zappetini asked if the water quality testing being conducted in different areas would be going on at the same time and coinciding with this project, and Mr. Bernardi stated that it would. Chairman Boro invited members of the public to address the Agency. Barbara Salzman, representing the Marin Audubon Society, addressed the Agency, stating that no one questions the need for improvement to this drainage system. She reported the Marin Audubon Society has had a longtime commitment to the Davidson Channel, noting they had received funds to enhance it a couple of years ago and have followed it through a number of trials and tribulations. Ms. Salzman stated the Marin Audubon Society had requested Philip Williams & Associates, Ltd. to review the Bret Harte/Picnic Valley Storm Drain Improvements Initial Study, noting this company is well known in the Bay Area as being a highly expert and skilled environmental engineering firm. Ms. Salzman cited a portion of the review which stated, "The Initial Study lacks sufficient detail on the nature of the existing drainage problems, and on the hydrologic design criteria for the proposed drainage improvements to permit proper review of their environmental impacts, and on the adequacy of proposed mitigation measures to justify a mitigated Negative Declaration." Ms. Salzman stated five points of additional information are also listed, which the consulting firm felt were important in being able to justify a Negative Declaration. Chairman Boro noted Mr. Bernardi had prepared an addendum to the staff report, which addressed these concerns, and Ms. Salzman stated she had not seen a copy of the addendum and did not know what it said. Ms. Salzman cited another portion of the review which states, "The Determination of No Significant Impacts (Negative Declaration) (Page 24) specifies that there are no significant effects because of the proposed Mitigation and Monitoring Program in Attachment B. However, we do not find a monitoring program in Attachment B which provides information on the monitoring goals, on what hydrologic variables or conditions will be monitored, what data will be collected and how often, or how it will be used to demonstrate that there are no significant negative impacts on the site hydrology with the weirs in place." Ms. Salzman acknowledged that perhaps this has been addressed in the addendum, but stated she could not support something that she has not read, and she does not know if it is adequate or not. Ms. Salzman continued to cite the review, quoting, "There is no information on the operation of the weirs, or on how a monitoring program will be used to determine if and when adjustments are needed to the weirs, what the adjustments should be, or how to determine if the adjustments have successfully addressed the deficiencies in prior operations. There is also no information on weir maintenance, including identifying potential failure of the weirs and indicating the need for repair or replacement, or on what funding is guaranteed for managing and maintenance of the weirs.". . . ."These weirs then, will attempt to control the hydraulic gradient across the reach. In so doing, the weirs will also affect the sediment transport and flow regime in the channel, which directly effect its geomorphology and stability. If the upstream weir increases the frequency of low flows and reduces the sediment supply, channel incision and bank failure could result. If the low flow frequency is reduced, and/or the high flows are diverted to Mahon Creek, the channel could tend to agrade, lose capacity and instream habitat. The downstream weir will most likely forma pool which will trap sediment. This will require maintenance to remove excess sediment, or the weir will become ineffective overtime." Ms. Salzman cited the consultant's summary which states, "In general, Philip Williams & Associates, Ltd. feels it is preferable to minimize adverse environmental impacts by designing a drainage system which does not require artificial controls, such as the proposed weirs." SRRA MINUTES (Regular) 12/18/95 Page 4 SRRA MINUTES (Regular) 12/18/95 Page 5 Ms. Salzman reported this was their analysis, and stated she would like to see more information that would address the issues that they have raised. She noted that Philip Williams & Associates, Ltd. has no vested interest in this project, stating the marin Audubon Society had simply hired them to do a review because they were concerned about the questions they had already raised in their letter to the City. Ms. Salzman stated she hoped the Agency would go slow on this project, so that they can be sure that adequate information is provided, and that the project is designed in the most environmentally sensitive way. Ms. Salzman noted the Marin Audubon Society's other main concern, regarding enforcement, was not addressed in the reports. She asked what would happen if the Agency found the system did not work and it was a problem, and asked who had the authority to affect some change once the whole project is designed and in place? There being no further public comment, Chairman Boro closed the Public Hearing. Mr. Bernardi directed the Agency's attention to the packet that had been distributed that evening, pointing out the memorandum from George Molnar, the engineer who prepared the Negative Declaration. Mr. Bernardi stated that in the memo Mr. Molnar goes into great detail regarding mitigation performance goals, as well as potential remedial actions the Agency feels are adequate to address Ms. Salzman's concerns regarding how the project will work, and the standards that will be used to measure the Agency's success or failure of the project. Mr. Bernardi stated that if the Agency adopts the Negative Declaration, they will have the responsibility, through the Public Works Department, to make sure that it works. He noted that if, during the five year monitoring process, it is found that this does not work, staff will comeback before the Agency with another proposal. However, Mr. Bernardi stated they feel comfortable that what is being proposed will be successful in maintaining the wetlands characteristics of the drainage ditch behind the school. Chairman Boro asked for clarification that the Agency would be responsible and, via staff, will make sure that the measures work. Mr. Bernardi stated that was correct, noting that the revised Resolution makes the mitigation measures and the monitoring mandatory rather than advisory, so they have made it very clear what the Agency's intention is as far as monitoring the area. Chairman Boro read the change being included in the revised Resolution, which states, "Specific mitigation measures for the Davidson School ditch were included in the project and a performance monitoring program established to review the operation of the measures and mitigation measures can be adjusted over time to alter their performance." Mr. Bernardi stated that with regard to the design of the project, he had made a commitment to the Science Teacher at Davidson Middle School that the city would work with them during the design of the project so they are informed on what the City is doing, as well as what the hydraulics are and exactly how the system is going to work. He noted that he intends to work with the school through every step of this process. Member Heller asked if there were other ways this problem could have been addressed, or if the plan they chose was the generally accepted way to keep water balanced? Mr. Bernardi reported that another way to do this would be to have a wall with a hole in it, with the size of the hole dependent upon how much water you want to let through. He stated that type of plan is not as maintenance free, and would allow silt to pass through, noting that we would not want silt to pass through because we want the area to remain as it is. The design we will be using will trap the silt at either end and ensure that the velocities are not increased to such an extent that erosion will occur, or SRRA MINUTES (Regular) 12/18/95 Page 5 SRRA MINUTES (Regular) 12/18/95 Page 6 an increase in siltation. He stated that by having a weir, which is a solid structure in the water, the water will continue to move in its normal direction until there is too much water for the pipe to carry, and it will then flow over the wall and down into the new drainage system. He noted there is special equipment that will remove any silt that is collected in the drainage box. Ms. Heller asked if he felt this was the most efficient plan, and Mr. Bernardi stated that he did. Member Zappetini asked if it was better, environmentally, to have the drainage ditch monitored rather than flooded each year? Mr. Bernardi stated this was a seasonal wetland, explaining that seasonal wetlands have plants and animals that live there as part of that wetting and drying. He stated that if too much water were allowed in, it would affect the balance of the animals that live there when it is dry, and if they did not allow enough water in, it would affect the plants when it is wet. Mr. Zappetini stated what they will be doing is attempting to make it better, rather than just having it flood and letting Mother Nature take care of itself. Mr. Bernardi stated that was correct, and noted they were trying to make sure the balance that exists now remains there. Member Cohen asked if he was correct in understanding that the reason part of this project is being done now is because portions of the project are going to be constructed in conjunction with the Andersen Drive project. Mr. Bernardi stated that was correct. Mr. Cohen stated he felt some valid specific design questions had been raised about the weirs, and about monitoring and what is to be monitored. He stated it seemed as though those questions should be answered over the next two years, and noted that if the Marin Audubon Society's consultant did not feel the City was monitoring a sufficient range of data, they could certainly suggest other data to be monitored, so that the City knows what the current state of the ditch is, and can see how it is impacted once the weirs go in. Mr. Cohen added that if the consultants have design suggestions, the final design for the weirs has not been completed, so there is room for suggesting changes that might be done to further reduce the impact, or even to enhance the nature of the ditch that runs through Davidson School. Mr. Cohen stated the Agency was not making final decisions at this time that would impact those particular questions, and noted he felt the remaining questions had already been answered, based on the previous information, as well as that information just provided. Member Cohen moved and Member Zappetini seconded, to adopt a Resolution authorizing a Negative Declaration and Mitigation Monitoring Program for the Bret Harte/Picnic Valley Drainage System Improvement Project. RESOLUTION NO. 95-35 - RESOLUTION ADOPTING NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BRET HARTE/PICNIC VALLEY DRAINAGE SYSTEM IMPROVEMENT PROJECT (as amended) AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro NOES: MEMBERS: None ABSENT: MEMBERS: None AGENCY CONSIDERATION 1994/95 REDEVELOPMENT AGENCY AUDIT AND ANNUAL REPORT (RA) - File R-62 Acting Redevelopment Executive Director Jake Ours stated the annual Agency audit has been completed, and the auditor has found that the Agency is in compliance with all of the rules and regulations. Mr. Ours stated there SRRA MINUTES (Regular) 12/18/95 Page 6 SRRA MINUTES (Regular) 12/18/95 Page 7 were no problems that were found by the auditor, and none that he knows of. Chairman Boro asked if there were any significant findings that needed follow-up, and Mr. Ours stated there were none. Member Heller moved and Member Phillips seconded, to accept the Redevelopment Agency Audit and Annual Report, and forward it to the City Council for review and approval. AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Chairman Boro. NOES: MEMBERS: None ABSENT: MEMBERS: None There being no further business, the meeting was adjourned at 8:05 PM. JEANNE M. LEONCINI, AGENCY SECRETARY SRRA MINUTES (Regular) 12/18/95 Page 7