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HomeMy WebLinkAboutCC Minutes 1997-11-17SRCC MINUTES (Regular) 11/17/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 17, 1997 AT 8:11 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM Mayor Boro announced Closed Session would be held at the end of the City Council meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:11 PM TRASH LEFT BY HOMELESS PEOPLE IN THE HILLS ABOVE GERSTLE PARK - File 100 x 9-3-30 x 233 Margaret Schopp, resident of Gerstle Park, reported that on October 19th she came upon a pile of trash in the Open Space off "D" Street, and during the following two weeks she called various City departments in an attempt to get the trash pile cleaned -up. Ms. Schopp stated this experience has led her to ask two questions: First, the Marin IJ reported the City does not have a policy with regard to dealing with trash left by the homeless in the parks and the Open Space, and she asked how such a policy could be implemented or initiated? Second, when she spoke with the Police Department she was told the clean-up time would likely be six to twelve weeks; however, the Marin IJ reported the clean-up time would be two weeks, and the Channel 5 segment stated the clean-up would take place the following morning, which it did. Ms. Schopp noted it appeared as though the City had the resources to deal with this issue, and the question becomes priorities, and she asked how we can keep this issue a top priority, so when residents call and report people are living up there, that trash has been left, or other related issues, those issues can be dealt with in an expedient and timely basis. City Manager Rod Gould stated homeless people leaving trash in the Open Spaces was not acceptable, and would not be tolerated. He noted the City does not have unlimited resources to deal with this issue; however, if the residents inform the City when they discover such litter in the Open Spaces, then the City will make arrangements to have it removed. He pointed out that in some cases we can use the services of the San Quentin work group, or those who have been diverted to us by the Court system, and in some cases we can use volunteers or the Parks Division. Mr. Gould stated the City would be able to abate these problems much more quickly than had been reported initially, and can commit to a better response time. In addition, Mr. Gould stated that when residents are aware that people are camping or living in the Open Space or parks, if they will notify the City we will have our Ranger or Patrol Officers contact those people and explain to them that it is illegal. He noted that if they persist we will cite them, and if they ignore the citations they can be arrested and spend time in jail. Councilmember Cohen noted the Police Department is hard at work on Community Policing, and Police Chief Sanchez has stated a key component is getting all City departments working together, and working with the community. He felt this issue might be a good trial of that concept, because it does involve a number of departments, such as the Police Department, Parks, and Public Works. Mr. Cohen stated this was an opportunity to get a number of departments working together with the neighborhoods, pointing out this particular neighborhood had a very active Homeowners Association. He hoped the City would try to find a way to respond in a quicker fashion next time, and stay on top of this particular problem. Mr. Gould reported that when this problem came to his attention, arrangements were made to have the trash cleaned -up within three days, and while he could not guarantee that kind of response every time, he stated staff intended to be vigilant and respond quickly to these problems. Mr. Gould stated this would be a focus of the early Community Policing efforts. Mayor Boro stated the City not only had a policy, but also an Ordinance which prohibits people from sleeping in the parks after hours, and when we are aware of people sleeping in the parks we will do just as City Manager Gould stated; we will notify the people that it is not permitted, if they refuse to move we will cite them, and if they SRCC MINUTES (Regular) 11/17/97 Page 1 SRCC MINUTES (Regular) 11/17/97 Page 2 refuse to move after they are cited we will have them arrested. Mayor Boro acknowledged the situation with the trash is something that happens on occasion. He noted the City has a very strong policy on abating graffiti, and to deal with it quickly, and that will be our goal in these types of issues as well. City Manager Gould reported Rob Simon of the Human Concerns Center organized a group of homeless people to clean-up some of the litter in the Gerstle Park area, and rather than that being a one-time thing, he would like to consider that being made an on-going partnership. CONSENT CALENDAR: Councilmember Heller moved and Councilmember Cohen seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, November 3, 1997 (CC) 3. Request for Amicus Participation - consented Milagra Ridge Partners, Ltd. v. City of Pacifica, First Appellate District, Division 5 (CA) - File 9-3-16 4. City Work Plan Review (CM) - File 237 5. Monthly Investment Report (Admin. Svcs.) month - File 8-18 x 8-9 presented. 6. Approval of Street Closures for 18th Annual recommendation. Parade of Lights and Winter Wonderland on Friday and Saturday, November 28th and 29th (RA) - File 11-19 7. Annual Parking Meter Holiday from Wednesday, recommendation. November 26, 1997 Through Saturday, December 27, 1997 (RA) - File 11-18 8. Two Appeals of Planning Commission Approval of Hearing Small Subdivision to Subdivide One Parcel Into Two and Environmental and Design Review Permit for a New Single Family Residence; 35 St. Francis Lane, AP No. 15-211-141, Robert and Lindsay Neville, Applicants; Thomas Faimali & Marie Lavin, and Richard & Dorothy Breiner and David & Rose Stadtner, Appellants (CD) - File 5-1-334 x 10-7 Approved as submitted. Council unanimously to City's amicus participation. Accepted staff report. Accepted report for ending October, 1997, as Approved staff Approved staff Council Set Public for December 15, 1997. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None The following items were removed from the Consent Calendar for further discussion: 9. RESOLUTION AUTHORIZING SELF INSURANCE OF THE DENTAL INSURANCE PROGRAM, EFFECTIVE JANUARY 1, 1998 (HR) - File 7-1-42 x 9-3-86 Councilmember Cohen stated that while the City does not have the profit and overhead issues the insurance company would have, he assumed they are looking at our experience rate and, based on that, have stated they are going to raise our premiums in order to assure they are not going to run at a loss. He stated there were two things that concerned him. First, while he recognizes we are not looking for a profit, we need to break even, and he felt those same things should concern US. Second, he noted the size of the pool also concerns him. He stated one of the benefits insurance companies and trust funds have is that they spread the risk across a larger pool of people, and for the occasional individual who has large claims that fall under what is insured, that risk is spread out over a larger number of people. He stated if we are going to go self-insured with our pool of employees, he would need to be very confident that we know what the historical experience has been on the claims rate, and that this is a prudent course for us to take. Human Resources Director Daryl Chandler acknowledged those were concerns that were considered in reviewing whether to become self-insured. Regarding the risk, SRCC MINUTES (Regular) 11/17/97 Page 2 SRCC MINUTES (Regular) 11/17/97 Page 3 he reported there was a cap on the coverage for employees, which was either $1,000 or $1,500 per calendar year, based on bargaining group. He stated both the self-insured company, which is the third party administrator, and our insurance broker have assured us that the size of our group, 350 employees and their family members, is a large enough group to self -insure. He reported that last year our claims/premium ratio ran approximately 83%, and we paid $312,000 in premiums, and paid out approximately $230,000 in claims. He noted our claims to premium ratio has been stable over the past six or seven years, and using that same figure, taking the $230,000 and adding the $35,000 the third party administrator would charge us to process those claims, we would be spending approximately $260,000 to $270,OOOfor the dental insurance program, and paying premiums of approximately $312,000 in the account to ourselves. He pointed out we would have a buffer of approximately $40, 000 or $50, 000 in case there is an exception in a particular year. He reported this would be something we would constantly monitor through monthly reports from the third party administrator on the claims paid. Councilmember Cohen asked if we were to do this, and then decided at some point in the future that it was not cost effective, would we be putting ourselves at risk of not being able to purchase insurance? Mr. Chandler stated there would be no risk of that, noting it would work the same way it has with the previous providers. City Manager Gould recommended Council fund dental insurance at the same level for the next several years, even though our expected claims pay -out will be less, so we develop reserves in the Dental Self-insured Program, as we have in the Workers' Compensation and Liabilities. He reiterated that if it does not work out, we can always turn back to the private insurance market. Councilmember Cohen felt Mr. Gould's recommendation to build a reserve was a prudent one, and then a few years from now, when it is working and we are getting some income from the reserve fund, perhaps we can reduce the amount paid into the self-insurance fund. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution authorizing self-insurance of the Dental Insurance Program. RESOLUTION NO. 9980 -RESOLUTION AUTHORIZING SELF INSURANCE OF THE DENTAL INSURANCE PROGRAM, EFFECTIVE JANUARY 1, 1998 (The TPA -United HealthCare Administrators, Inc.). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None 10. RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR PICKLEWEED CHILDREN'S CENTER (Rec) - File 4-10-164 x 9-3-65 Councilmember Phillips recognized the efforts of staff in obtaining the Block Grant in the amount of $10,400. He noted the report addresses staff salaries, and the Resolution mentions the Marin County Community Development Agency Child Care staff salaries, and asked if the enhanced salaries are going to be for City staff or MCCD employees, and if they are City employees, he asked if we are getting more hours or perhaps additional days as a result of the Block Grant? City Manager Gould reported the CDBG Grant would allow the hiring of an additional teacher at the Pickleweed Center, which will allow us to serve twelve low income children who would otherwise not have access to the program. Mr. Phillips asked if this meant it would be staffed by City employees, and Mr. Gould answered that it would. Councilmember Phillips moved Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 9981 -RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MARIN COUNTY COMMUNITY DEVELOPMENT AGENCY FOR CHILD CARE STAFF SALARIES AT PICKLEWEED CHILDREN'S CENTER, SERVING LOW INCOME FAMILIES, IN THE AMOUNT OF $10,400. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None Councilmember Cohen asked that Agenda Item #13 be taken next, as there were several members of the Sun Valley Sluggers and the San Rafael Girls Softball League in the audience. Mayor Boro announced Council would hear Item #13 at this time. OLD BUSINESS: 13. RESOLUTION AUTHORIZING PURCHASE OF BERNARD HOFFMAN BALLFIELDS (CA) - File 4-7-28 x 220 x 9-3-65 x 9-3-66 City Attorney Ragghianti reported the City's purchase of the Bernard Hoffman fields has been the subject of negotiation for quite some time, and on October 6th Council directed staff to prepare a final Purchase/Sale Agreement for execution by the SRCC MINUTES (Regular) 11/17/97 Page 3 SRCC MINUTES (Regular) 11/17/97 Page 4 District. He reported that has been accomplished, and the agreement has been executed and is now being presented for Council's approval. Mr. Ragghianti noted that under the agreement and pursuant to Council's express instruction, the City will pay Dixie School District the sum of $350,000 in cash for the 3.8 acres of land that comprise the Bernard Hoffman fields. In addition, the City has agreed to pay all closing costs, which are estimated to be approximately $1,560. Mayor Boro noted the agreement signed by Dixie School District states escrow shall close no later than 11/1/97, and he asked if that was supposed to be 12/1/97? Mr. Ragghianti stated it should be 12/1/97. Tom Obletz, resident of San Rafael and father of one ball player and one future ball player, thanked staff and Council on behalf of the Little League for providing a resource to the community that is irreplaceable. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution authorizing the purchase of the Bernard Hoffman Ballfields. RESOLUTION NO. 9982 -RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE DIXIE ELEMENTARY SCHOOL DISTRICT FOR THE PURCHASE OF THE BERNARD HOFFMAN FIELDS (as amended on Page 2, Item #3, date for close of escrow to be changed from 11/1/97 to 12/1/97). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCIT. ERS: None SPECIAL PRESENTATION: 11. PRESENTATION OF NORTH SAN RAFAEL VISION BY THE NORTH SAN RAFAEL VISION STEERING COMMITTEE (CD) - File 238 x 9-2-51 Associate Planner Linda Jackson read the Charge Council had given to the members of the North San Rafael Vision Steering Committee approximately sixteen months ago, quoting, "Develop a broadly supportive Vision for the future of North San Rafael that addresses all of the essential elements of the community, such as neighborhood identity, values and goals, housing, business and retail development, traffic, pedestrian and bicycle access, schools, recreation, Open Space, and aesthetics. The process will address incorporated City neighborhoods, and involve residents, business interests, and property owners. The Vision will be the primary basis for updating City policies and programs affecting this area. They will establish an environment for collaborative activities by the neighborhoods and City government. The Vision will be completed within one year". Ms. Jackson noted the Vision actually took fifteen months to complete, because of the commitment by the co-chairs to have the maximum publicity and participation by the community in reviewing the concepts as they were emerging at the end of one year. Ann Song -Hill, Co-chair of the North San Rafael Vision Committee, stated that in introducing the Vision several members of the Committee would describe the process and break it down by sub -committees, which were Transportation, Land Use, Design Beautification, and Community Services. She noted of all the Committees she has worked with, she has enjoyed this one the most, stating it was an incredible experience, with a diverse group of people and opinions coming together. She believed the process was a true consensus, which is what Council was after. Ms. Song -Hill recognized Principal Planner Sheila Delimont; Planning Intern Evelyn Buchwitz; and Jeff Baird, the Committee's consultant, who came in part-way through the process and has been very valuable. In particular, Ms. Song -Hill thanked Associate Planner Linda Jackson, recalling there had been some fairly major staff changes during the process of the Vision, and during those changes, noting Ms. Jackson held everything together, and truly went above and beyond in helping the Committee. Ms. Song -Hill introduced Tom Hinman, who would introduce the Vision, and discuss community participation. Tom Hinman, resident of Terra Linda, noted he, too, has been on several Boards and Committees during his civic life, but none that had the potential to improve the lot of his family, his neighborhood, and the community in which he lives as much as this experience, noting this was truly democracy in action. Mr. Hinman stated he wished to make four points. First, he felt fortunate to have served with many fine people during the process of this Vision, noting they had a Steering Committee that represented all segments of the community, dedicated to the integrity of the process, and to reaching out to members throughout Northern San Rafael. He stated he was privileged to meet every month for over a year with this circle of friends, and to facilitate SRCC MINUTES (Regular) 11/17/97 Page 4 SRCC MINUTES (Regular) 11/17/97 Page 5 or attend up to a dozen community workshops where they gathered input from well over 1,000 participants. Second, Mr. Hinman felt this had been an extraordinarily open and inclusive process, noting they received a lot of public input at their events, and also had supportive meetings among several dozen partner groups who followed the development of the Vision. He reported they had people from outside the City limits who attended frequently to reflect their views, including those from Marinwood to the North, Los Ranchitos to the West, and most particularly Santa Venetia to the East. He stated they were always welcome, and their comments carefully considered. Third, Mr. Hinman stated this Vision was about more than developing physical infrastructure and Land Use recommendations, noting, as shown in their Vision Statement and the List of Values in the report, it was also about validating, and building on the social fabric and sense of community that make Northern San Rafael such a great place to live, work, and play. Fourth, Mr. Hinman joined Ms. Song -Hill in thanking the members of the Planning Department staff and the consultant team who helped them through this process, noting without them they would not have been able to move through the deliberations as effectively as they did. He stated it was now his hope that the City and the people of the community would keep this dream alive, and proceed in the spirit of the Vision as we enter the next century. Mr. Hinman stated he appreciated the chance to participate and serve. Amadeus Colenbrander, resident of Terra Linda, stated he was a member of the Land Use Subcommittee. He reported that although Terra Linda is a largely built -out community, with the character of its neighborhoods and commercial areas well established, the Land Use Subcommittee's exploration of appropriate Land Use policies proved to be a complex topic that elicited a great deal of response from the community. Mr Mr Colenbrander reported that in approaching Land Use, they were guided by community values, and among the most often heard from workshop participants were the preservation and protection of the environment. He noted the open hillsides and wetlands are one of the most distinguishing and appreciated characteristics of Terra Linda. Also valued is affordable housing for the people who live and work in Terra Linda, both to reduce the need for commuting, and to preserve the diversity of the people in the community. Colenbrander stated the Subcommittee paid particular attention to the three remaining large, undeveloped parcels in Terra Linda, and sought to find recommendations so their future uses would bring the greatest possible benefit to the community. These three sites are the Fairchild site along Redwood Highway in the Northgate Industrial Park, the Marin Ranch Airport adjacent to McInnis Park, and Terra Linda's own P.G.& E. site, located between Merrydale and Los Ranchitos Road. He noted that with the Fairchild site they found a consensus for Office Use, while the other two sites elicited considerable debate, both from within the Subcommittee and the community. He reported that for the airport, they ended up where they started, by recommending uses consistent with the covenant, while at the P.G.& E. site, they saw the possibility of housing, and a park to serve the neighborhood children. Mr. Colenbrander noted that while the debate over these two parcels was, at times, acrimonious, the Vision process provided an important opportunity for all parties to become familiar with each other's concerns, and to become participants in the democratic process of government. Mr. Colenbrander stated one area where they found no disagreement was the desire for a town center, or centers. He reported their second public workshop focused on the theme of a town center, and a slide show was presented with examples from around the world. He felt perhaps the tremendous popularity of the town center theme was due to the many charming examples we enjoy in other parts of Marin, such as Larkspur, San Anselmo, and the increasingly vital Downtown San Rafael. He stated that in the coming years they would like to create a similar friendly and cozy town center in Terra Linda, and they will encourage future development in the Northgate area to meet this need. He reported many people also felt the Terra Linda Shopping Center, a.k.a. Scotty's, holds a great promise in this regard, as a small, neighborhood serving town center. Valerie Taylor, resident of Garden Avenue, stated she would be reporting on two of their goal areas. The first was what they called "Easy to Get Around", and dealt with transportation issues. She stated that from the very first workshop, transportation, in its broadest sense, emerged as a real quality of life issue. She noted that when they put together all of the comments about getting around in the community, they saw that people wanted to be able to walk through their neighborhoods safely, to bicycle throughout the area, to have their children bike to school safely, and to be able to take some form of public transportation, not only from North San Rafael to Downtown San Rafael, but also within North SRCC MINUTES (Regular) 11/17/97 Page 5 SRCC MINUTES (Regular) 11/17/97 Page 6 San Rafael, from their homes to events at the Civic Center, Northgate, or the High Schools. She reported they found very strong support for getting the commuter busses to come through the area, instead of staying on the highway, where it is very hard to get to and from the bus stop safely. She noted there was also concern that there was too much commuter traffic coming through the neighborhoods. Ms. Taylor stated it was not possible to summarize the large number of issues that came out regarding transportation, but noted they had captured a great many of them in the Vision, and she hoped the City would take the time to go through those. She reported the top priority actions for the "Easy to Get Around" goal are 1) to create a local shuttle bus service, and 2) to install hiking and biking paths along the Northern Pacific Railroad right-of-way, and also along the promenade, which she noted she would detail further in her report. She stated this last action item really pulls together all the transportation issues, by combining walkways and bicycle paths with the promenade, and supports the idea of rail and a possible transit center coming into the community. She stated another nice aspect of this last action item was that much of it had already been defined in the North/South Feasibility Study. Ms. Taylor stated the second goal area was the Promenade, reporting the community repeatedly expressed the sense that there is no real center to North San Rafael, and that activities are not connected well. She noted there is no main street, there is only the highway going right up the middle, reporting what emerged from the comments was the possibility of creating a central pathway or promenade that stretches from the Civic Center in the southeast, across the Merrydale Overcrossing, and out Freitas Parkway toward Scotty's Market in the northwest. She explained they envisioned a boulevard with wide sidewalks, where people can gather, stroll, shop, and meet each other at gathering places, or simply at park benches, stating this would be a place where the community can come together just in the course of daily living. Peter Galli, resident of San Anselmo, stated he would update the ideas concerning community services and gathering places. He stated the comments received from the community at large told them North San Rafael was a family centered, multi -aged community with many different social needs, ranging from informational services to recreational activities, to neighborhood meeting and gathering places. He reported the three top priority issues they heard from the public were a Library, youth, and gathering places. Regarding a Library, Mr. Galli stated there was a strong desire to have a City Library in North San Rafael, west of Highway 101, and though people were very complimentary about the County Library, they felt it was not accessible, the hours of operation were not convenient, and the ability to get there was not as desirable as one would be in North San Rafael on the west side of Highway 101. Mr. Galli noted a library would serve the residents of all ages, would invite and encourage more evening activities, and could be used as a community meeting place. He reported initially they desired something that would be a multi -faceted Library, similar to the one Downtown; however, they realized that financially this might not be possible, and even a Library service or a Library annex on a smaller scale would be desirable, and might be something that could be done in partnership with the School District, or even with the private sector. Referring to the issue of "Youth", he stated they realized they need to provide and encourage safe places for young people in the community to explore and pursue their interests. He noted the teen participation in the Vision process was inspiring, and they are a voice definitely to be listened to. He stated the Committee heard and realized they need to provide, promote, and facilitate activities for the youth, including but not limited to such ideas as a technology center, a teen center, a dance hall, skate park, rock climbing walls, and a band studio hall. He noted this was just a small list of facilities that would provide safe gathering places where teens can meet, interact, and socialize. Regarding "Gathering Places", Mr. Galli stated they need to provide and encourage both daytime and nighttime gathering places for people who live, work and visit in their community, and give a little heart and soul, and a pulse to North San Rafael. He stated the promenade concept described by Ms. Taylor would provide a great opportunity to establish such gathering places, noting they could stretch from the Civic Center, along Merrydale in San Rafael Meadows, to the Northgate shopping areas, to the Terra Linda shopping area, and the Terra Linda Recreation Center. He reported gathering places which were suggested included a Library, community gardens, cultural center, museum, outdoor eating areas, cafes, restaurants, Farmers Market, and transit stops, as well as some of the existing parks and multi -use playing fields they already have. He noted perhaps at one of these gathering places they could establish an annual signature community event to celebrate life, and create shared memories for the residents and visitors in North San Rafael. SRCC MINUTES (Regular) 11/17/97 Page 6 SRCC MINUTES (Regular) 11/17/97 Page 7 Mr. Galli reported the committee heard that they need to improve upon some of the recreation areas by adding amenities, such as benches, public art, picnic areas, or lights at some of the playing fields for nighttime uses. He noted they also realized they need to do a better job of promoting what they have available, either through the City, a Parks and Recreation newsletter, or through the NewsPointer, of what facilities are available, what events are occurring, and how to sign up and register to participate in them. In closing, Mr. Galli stated he believed all the topics and action items he mentioned, as well as those addressed by Mr. Colenbrander and Ms. Taylor, would create synergy, energy, and a strong pulse in North San Rafael, and hopefully some of the action items would take on a life of their own, and through grass roots efforts and partnerships with residents, employers and employees, civic groups, and non-profit organizations, they will become reality. Ian MacLeod, 116 Duran Drive, stated the committee addressing Maintenance, Beautification, and Design was actually a type of "Housekeeping" Committee. He reported they found the residents of North San Rafael were generally quite happy with the neighborhood, noting that with the hills and trees, there is a sense of community identity. However, he noted they would like things to be maintained a little better; therefore, the issues brought up by just about everyone were suggestions for improvements in the entry areas to the area, the San Pedro, Freitas Parkway, and Lucas Valley Road entries. They suggested trying to pull CalTrans into the loop, and have those entries better landscaped, better identified with the signage, and some art work to really provide a sense of entry and identity to the community. Mr. MacLeod stated Maintenance was a bittersweet issue, noting they all acknowledge the parks are well maintained, but that is at the cost of some of the other parts of the infrastructure. He noted they hoped the medians, sidewalks, and walkway areas were areas they could get into better shape, perhaps through volunteer efforts, with the community and the City cooperating together. He stated these were issues which needed to be further explored, noting one of those issues was to develop realistic funding plans for maintenance and Capital Improvements. Mr. MacLeod reported, generally, there was a lot of enthusiasm for the Eichler homes, and for the Civic Center, although there was some disappointment with other areas of the City, such as some of the businesses on the Old Redwood Highway on the east side of the freeway, the power lines there, and the lack of sidewalks. Mr. MacLeod stated Landscaping had always been an issue, noting people generally felt that if an area was in trouble, they would just plant trees and it would help a lot. He noted Downtown San Rafael was an example of that philosophy really taking hold and making sense. Mr Mr. MacLeod stated the top priorities in the workshops with the community were the Del Ganado Ditch, bringing landscaping to the concrete culvert; and the undergrounding of public utility lines. Mr. MacLeod noted they realize both of these issues have budgetary constraints; however, in the Implementation Strategy there are a number of items they have suggested that might help in some way to make these things happen. MacLeod stated the Maintenance section of the Implementation Strategy was to identify maintenance for maintaining public infrastructure; determine adequate levels of service for maintenance, and seek agreement on maintenance responsibilities; promote local volunteerism, such as the Boy Scouts helping with landscape maintenance, noting he felt the volunteer efforts that are going on twice a year go a long way toward making things happen; and very importantly, explore financing options, including possible assessment, taxing district, or bond measure. He pointed out the Santa Margarita Homeowners Association had attempted that process, but got the message loud and clear that while everyone likes the idea of the Del Ganado Ditch improvement, they were not willing to tax themselves with an Assessment District. Mr. MacLeod stated they were being given the necessity of being inventive to come up with some sort of partnership with the City or volunteers, or other creative ways of trying to get things done. He stated they welcome and looked forward to working with the Council and staff to meet some of the goals they want to achieve. Shirley Fischer, resident of Terra Linda, stated one of the most unique aspects of the Vision process was the involvement of the younger folks in the community in having input into the Vision itself. She noted she was representing herself, as a member of the Curriculum Committee, and also representing Ben Lowe, one of the Vision Committee's teen representatives, who acted as liaison with the High School community. Ms. Fischer highlighted some of the things she felt were important about the involvement of young people in this process, reporting they began in September and October of last year distributing curriculum packets to the Elementary and Middle Schools in the area, which involved two activities. One gave the students in grades K through 8th the chance to give their opinions about what they like SRCC MINUTES (Regular) 11/17/97 Page 7 SRCC MINUTES (Regular) 11/17/97 Page 8 in Terra Linda, what places they thought were beautiful, those places they thought were ugly or dangerous, what places were fun to go to with a friend, what places were good to go to with their family, and the worst and the best things about San Rafael. She noted they also made post cards of landmark features they felt were really important places in North San Rafael that made it a special place. Ms. Fischer reported 384 Elementary students in 16 classes from the four schools within the boundaries of North San Rafael, and 190 Middle School students from six classes in the two Middle Schools in the area participated in this project, making eighteen wonderful posters which were displayed at the Vision Festival on October 18th, at Northgate Mall throughout the year, and at City Hall. She noted the newly established Leadership Class at the High School was signed up as a full-fledged partner group to participate in the process, and answered the same questions as the adults. She reported their responses were included with all of the information and fed into the database with all the information compiled by staff, including the information from the eighteen posters. She stated the results were remarkably similar to that of the adults, noting the students like the natural environment, the parks, and the safe and friendly community, and they also like the schools, shopping at the Mall, and entertainment. However, they do not like scary people and places, traffic, and the lack of activities for teens. Ms. Fischer reported there were a number of groups of young people who continued their participation in the Vision. She noted a Third Grade class went on to design their ideas for Freitas Park, also known as the "Water Park" next to Kaiser Hospital, and how that could be renovated and improved. She reported those ideas were fed back into the Vision and to the Parks Department. She stated there was also a Fifth Grade class that created a poster with ideas for an Open Space Trail Guide for the Terra Linda/Sleepy Hollow Open Space, a potential project that could be developed in the future. Ms. Ms Fischer reported perhaps the most exciting spin-off from this early phase of the Vision Project was what happened with the teens. She stated a group of teens who became involved with the Vision Project got together, by themselves, and began brainstorming and developing ideas for what could happen for a Teen Center in Terra Linda. She reported they independently began to look and talk about property in the area, and they held a meeting, which more than 100 people attended, where they discussed ideas on what could comprise a teen center at the specific location they had chosen. Ms. Fischer stated that while the teen center did not work out at the location they had chosen, the idea was continuing. She noted the Leadership class also did a survey that was fed into the Community Services workshop, again focusing on activities and other types of things that could be available for teens, and what teens could do for the community in North San Rafael. She pointed out these ideas were included in the Vision Statement, and have become an important part of the Vision Statement. Ms. Fischer noted there were other spin-off ideas at the Community Services workshop, reporting several Middle School children showed up with ideas for a skateboard park. Fischer stated this process has had two aspects; it has been a very empowering experience for the youth who have been involved in it, and it has also been good for the Vision, noting a lot of good ideas have come forth out of this aspect of the Vision project. Ms. Fischer stated their action item now, as they move into the next phase, is to continue to keep alive this voice of the young people, who hopefully will be the future residents of North San Rafael. Patrick Webb, Co-chair of the North San Rafael Steering Committee, stated one could certainly see from the community input and the work produced, that this is the kind of thing San Rafael does very well, noting it is a valid, current view of where they believe North San Rafael should be. He stated one of the things that was important to recognize was the effort of other people, such as Peter Montgomery, Sue Beittel, Bonnie Brown, Carol Colbert, John Starkweather, Greg Andrew, Jay Morse, Frances Spangle, and Frances Nunez, who came to many of the meetings and offered opinions, whether they lived within the Vision area or not. Mr. Webb urged Council to note the Implementation Strategy in the final Vision report, which he believes shows the real problems about where they need to go with this next, and to follow those kinds of ideas. Mr. Webb stated the Vision Strategy is broken down into Immediate Action Items, and some of the more modest, incremental things that can be done to bring the Vision to a close. Mr. Webb felt Council would find the report, and the input that went into it, to be a valuable asset, and a cornerstone for San Rafael, not only for our own, aging generation, but for a generation to come. Mr. Webb stated he believed they had met the challenge and met the charge of the City Council, and he submitted the report to the Mayor. Frances Nunez, member of the North San Rafael Coalition and Vice -President of the Santa Venetia Neighborhood Association, thanked Council for allowing the SRCC MINUTES (Regular) 11/17/97 Page 8 SRCC MINUTES (Regular) 11/17/97 Page 9 unincorporated areas to be involved in this planning process, noting they are a part of North San Rafael, and everything that happens is very important to them. Ms. Nunez referred to an article in the Marin Independent Journal, and was surprised to not see any mention of funding the recommendations that were in the Implementation Strategy, noting those recommendations were not going to be costly to implement, and they were very important, especially the changes to the General Plan in the Land Use designations. She stated her neighborhood had been waiting ten years to see something happen with the Marin Ranch Airport designation and the McInnis Parkway. Ms. Nunez noted this has been a public process, with a tremendous amount of public input, and a lot of staff and Steering Committee time was spent in crafting these recommendations. She hoped that whatever process continues, and eventually changes the General Plan, the Council would pay attention to these recommendations, because this is what the public has stated they want, and the public's faith in the process will be affected by this. On behalf of the Santa Venetia Neighborhood Association, Ms. Nunez thanked Shirley Fischer for her work on the Vision, as well as all her other work in North San Rafael. Ms. Nunez noted Ms. Fischer has always looked at the entire "north of the hill" area, both the east and the west side, and the interests of both the residents and the natural environment. Ms. Nunez stated they had all learned from Ms. Fischer, and now the children, who may be the future community leaders, have the opportunity to learn from her, as well. Therefore, to aid her in teaching the natural history and environmental aspects of the North San Rafael area, Ms. Nunez presented Ms. Fischer with a copy of a panorama of North San Rafael, which was taken around 1900, the original of which City Planner Jean Hasser had discovered at the Marin Historical Society. Jay Morse, Chairman of the San Rafael Meadows Association, noted Mr. Webb had already reported his Association's participation in the Vision process. He stated he wished to echo what has been said about Shirley Fischer, in particular how helpful she was in helping them learn how to participate in the process, and to present their views. He stated that without her caring involvement it would have been much more difficult for them to try to be effective in the process. He also recognized Ann Song -Hill, whom he stated was also very helpful in their participation. Mr. Morse stated the one item in the proposed Vision now before Council which he wished to address was the Implementation step. He noted it addresses the issue of forming a Guardian Committee for the Vision, but does not mention anything specific about that. He recalled during the time the Downtown Vision Committees were formed, one was an overall guidance type of Committee, and the other was the Committee that actually drafted the proposed General Plan Amendments. Mr. Morse stated he would like to see something along those lines for the North San Rafael Vision, in order to assure there is a strong and clear connection between the language that is in the Vision and the proposed General Plan Amendments. He stated the Association is concerned that the Guardian Committee have teeth; that it be empowered, if not to draft the General Plan Amendments, then to either approve or send back those proposed Amendments for change; that the parties to actually draft those Amendments be specified; and that language to that affect be included in the Vision document when it is approved. He stated he looked forward to hearing Council's discussion of what the Implementation steps will be for this committee. Sue Beittel, resident of Terra Linda, stated she has been working with the League of Women Voters for the past eight or nine years on the issue of transportation, and was very pleased with the "Getting Around" portion of this proposal. She felt this proposal was a step up in addressing the possibility of local bus transportation, if the Transportation Steering Committee does come up with a ballot measure. Ms. Beittel hoped this plan would be presented as one of the ways they would like to use some of the money that could be collected from a 1/2 cent sales tax. In addition, she noted we should not overlook money that might be available from Air Quality, pointing out many communities have used Air Quality money to provide bussing systems, especially those that are non-polluting, and stating this might be an opportunity for us to get started at something we really want to do. Fedora Taormina stated she has been in contact with Associate Traffic Engineer Nader Mansourian, presenting the concerns of those who live on Las Gallinas Avenue. She reported that from Montevideo to Lucas Valley Road there are two lanes going north, with no parking lanes. She stated the traffic is very heavy, and people drive very fast down this wide avenue, noting it is all but impossible for her and her neighbors to pull out of their driveways. She noted she and her neighbors had sent a signed petition to Mr. Mansourian, who informed her the Vision Committee had something in mind for Las Gallinas Avenue, suggesting she contact Associate Planner Linda Jackson. Ms. Taormina stated Las Gallinas Avenue has become a detour for Highway 101, noting the traffic is particularly horrendous in the SRCC MINUTES (Regular) 11/17/97 Page 9 SRCC MINUTES (Regular) 11/17/97 Page 10 mornings. In addition, there are many people who bicycle and jog up and down Las Gallinas. She understood Las Gallinas was being addressed in the Vision process, and because of the safety issue, she hoped the City would make it a priority to get Las Gallinas Avenue taken care of. She believed it should be one lane going north, and one lane going south, with a bicycle lane and a wide parking lane for the residents, noting the safety of the residents on Las Gallinas should be taken into account. Mayor Boro stated he would make sure this issue was followed up, noting he would refer it to Mr. Mansourian. Mayor Boro stated the reports presented were well thought out and very inspiring, noting the effort the Committee members put out during the past sixteen months was certainly shown in their written and verbal reports. Mayor Boro assured the Committee that a Guardian Committee would be established, noting they had found that when the Vision for the Downtown was completed, without a group in place to make sure we brought the Vision alive, it could have become just another document that went on the shelf. He stated the City's goal was not to have that happen, because too much effort had gone into the Downtown Vision, just as it has with this Vision for North San Rafael. He noted staff would come back with a more definitive plan as to how we will create that group, and assured the Vision Committee that the City's goal was not only to have them do the work they have just completed, but also to make sure that once the work was done, the City would implement it. He stated the Guardian Committee was one way that would happen. Mayor Boro stated the Vision was not just a dream, it was really a blueprint for the future, and while it does not specify everything that is going to happen, it does set the stage, so as things evolve we have something to refer to. Mayor Boro noted there are a lot of issues out there right now, a lot of desires, and a lot of questions on funding; however, he believed that if we have our blueprint for the future, as opportunities come about we can achieve a lot of these things, and stated the Council and staff are committed to making this happen. Councilmember Phillips stated he was extremely proud of the neighborhood, and the way everyone worked together on this project, noting Ann Song -Hill and Patrick Webb deserved a great deal of credit for the comraderie felt during the process, as well as the end product. Mr. Phillips referred to the comment made earlier by one of the Committee members who hoped the City did not become bogged down in some of the practical considerations, such as the cost, and earlier comments regarding CalTrans, which were mentioned in the Marin Independent Journal. He noted it was interesting to see how comments are boiled down and presented in the newspaper as a result of some fairly lengthy discussions, and hoped some of the items that were brought up in the Vision would be mentioned, rather than some of the constraints, which are sometimes more newsworthy in some people's eyes. Mr. Phillips stated the Vision gives some great ideas, and as Mayor Boro mentioned, the City is interested in implementation, so the report is not going to sit on the shelf. He pointed out the Committee represented a broad spectrum of the community, noting they had worked very hard to establish that and had done a good job, which he felt was reflected in the report. Mr. Phillips thanked the Committee for their leadership and participation, and for the Vision of where we are going to be in the year 2020, noting the City would strive to achieve that position. Councilmember Heller applauded staff and everyone who worked so hard on the Vision, noting once the process became available to the public, she enjoyed every public session she attended. She agreed Implementation would be what the City looks to during the next four years, stating she believed it would fold together with all parts of the City, because the problems of a specific area are not just important to that one area, they really affect the entire City. Councilmember Miller stated the document being presented by the Vision Committee was a living document, because it is a Vision that has welled up from the heart and soul of the communities in North San Rafael. He noted the implementation strategies are seeds sown in the soil of a compassionate community that cares for this earth, and leads to the future, and he guaranteed that those seeds would flower, blossom and grow. He thanked the members of the Vision Committee for their spirit, their heart, and their soul. Councilmember Cohen noted he had been asked why community input was so important, and why it mattered. Mr. Cohen stated this was what it was all about, pointing out Ms. Fischer Is earlier comment that we in San Rafael are blessed to have the opportunity to participate in our own government. He did not believe he had been elected to state what San Rafael should be, and what the communities should become, because that was something for all of us to do together. He agreed it was marvelous we all had an opportunity to do this, and that we lived in a community where people are willing to give their time, their energy, and their creativity to making things like this happen, and then turn them into reality, as we now see happening in Downtown San Rafael, and as we look forward to seeing this Vision SRCC MINUTES (Regular) 11/17/97 Page 10 SRCC MINUTES (Regular) 11/17/97 Page 11 become a reality in North San Rafael. He acknowledged it was a challenge, noting one of the burdens Council faces is having to talk about the tedious things, like the dollars, and the fact that somebody has to pay for these things, and adopt the budget that is going to create them, such as a Library in the Terra Linda Valley, which would also have to be maintained on an ongoing basis. He stated those were real challenges, and we needed to celebrate events like this where the City recognizes the adoption of the Vision, but we also need that nagging voice that asks how we make it happen. Councilmember Cohen noted Mr. MacLeod had stated there was a lot of desire and a lot of agreement that something should happen in certain instances, like the Del Ganado Ditch; however, there is a very limited willingness to tax ourselves above and beyond the taxes we already pay to fund those improvements. Therefore, the challenges are to find opportunities like volunteerism and partnership, and for the City to leverage its ability to invest to make these things happen. He stated people need to know that it is not enough to state, "This is what we want to have happen, now somebody go and make it happen". He stated we all have to make it happen, and take this Vision and make it a reality. He noted he was confident that with the talent and creativity we have in this community, and represented in the room, that it would be a reality. Planning Manager Sheila Delimont stated the next step would be for staff to bring back recommendations for the Guardian Committee, noting they would come back before Council in January. She also noted members of the Vision Committee would be notified so they could participate. She stated staff was also working on the General Plan Amendments, and would be bringing that report to Council for review. She noted that, too, would involve a great deal of public participation, and everyone who participated in the Vision would be invited to participate in that process, as well. Councilmember Heller asked if applications would be available to the public, or how would they express their interest? Linda Jackson stated she believed applications would be sent to everyone who has participated thus far in any Vision event, and staff would also notify the newspapers and work with the neighborhood Associations, so there would be widespread notification. Councilmember Cohen noted the staff report states the Traffic Coordinating Committee was going to investigate the feasibility of a pilot "Traffic Calming" program on Las Gallinas . He suggested that when Council gets the report on the Guardian Committee, they also get a report on what the schedule might be, and how they are going to proceed with that issue, which we could also share with the residents on Las Gallinas. Ms. Delimont stated that was currently scheduled for next fiscal year, because of the work currently being done in East San Rafael. However, staff could discuss this with the Public Works Department, to see if it could be moved up a little. Mayor Boro stated this sounded like a real public safety issue, and noted now that it has been brought to Council's attention, it needs to be addressed. Mr. Cohen stated he was not necessarily asking for results at this time, or that the study be completed by January, but he would like to see this "fleshed out" so we can assure the residents this issue is something the City takes seriously, and that we are moving forward with it. Mayor Boro announced the Public Works Department would be presenting a community meeting Thursday evening in the Council Chamber to discuss storm preparation. On behalf of the Council, Mayor Boro thanked Linda Jackson for the work she did, noting she kept this project alive, and worked very well with the community and the outside consultants. He stated the City could thank Linda, working in turn with the co-chairs, for the success that we have. Councilmember Phillips moved and Councilmember Cohen seconded, to accept the report, and direct staff to return to Council with recommendations in regard to implementation. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCIT. ERS: None PUBLIC HEARING: 12. PUBLIC HEARING - CONSIDERATION OF GENERAL PLAN TEXT AMENDMENT APPLICATION TO AMEND NOISE ELEMENT POLICY N-7 TO INCREASE THE ALLOWED NOISE DECIBELS FOR BEDROOMS FROM 40 dB Ldn (DECIBELS AND SOUND LEVEL AT DAY -NIGHT AVERAGE) TO 45 dB Ldn FOR CONSTRUCTION OF NEW MULTI -FAMILY DEVELOPMENTS (CD) - File 115 x 10-2 x 10-6 Mayor Boro opened the Public Hearing and asked for the staff report. Planning Manager Sheila Delimont explained sound pressure was measured in decibels (dB) and the sound levels are then adjusted for the human ear. She noted dBa SRCC MINUTES (Regular) 11/17/97 Page 11 SRCC MINUTES (Regular) 11/17/97 Page 12 means decibel levels adjusted, and Ldn is a day/night average level, which measures the twenty-four hour average decibel noise level at a given location. She explained the amendment being presented would change the allowed noise level over a twenty-four hour period. She stated the change would be consistent with the State's standard of 45 decibels, which is the normally acceptable level for indoor activities. Ms. Delimont noted levels above 40 to 45 decibels can be disruptive to sleep, so this standard assumes typical building construction can reduce noise levels by 20 to 24 decibels with windows closed. Therefore, if someone is located next to a high noise source, such as we have Downtown on Second and Third Streets, with the 45 decibels it is fairly easy to obtain these levels; however, the City' s standard of 40 decibels would require some fairly extreme construction techniques to achieve it, and this could add considerably to the cost of the projects. Ms. Delimont reported staff had initiated this amendment to accommodate affordable housing projects, noting that through the City's Vision and Housing Element we were encouraging Mixed Use and Housing projects in the Downtown areas. She pointed out that these are often located next to busy thoroughfares, and the City's standard does add substantially to the cost of the development. Ms. Delimont reported the Planning Commission had considered this amendment at two of their meetings, and has recommended approval of the amendment, with the addition of a definition for "Multi -family" to make it clear that this amendment does not apply to Second Units. Therefore, staff has clarified the language to separate the standard for Single-family, and for Multi -family and Hotel uses, and the language is now much clearer. Ms. Delimont stated the Commission did look at two alternatives, noting one of the alternatives they asked staff to look at would have set a night time average at 40 decibels; however, the Commission decided not to adopt this because it was actually less restrictive than a 45 decibel day/night average. She explained that when doing the averaging, night time noise levels are given a 10 decibel weighting penalty, because people are more sensitive to noise in the evening, and in order to achieve a 45 decibel average at night time, you have to mitigate to a 35 decibel level in the evening. Therefore, the Commission decided this was not an alternative they wished to pursue further. The Commission next considered an alternative of an hourly average of 40 decibels, but they decided it was becoming too complicated, and they felt it would be better to adopt the State standard, and have one single standard. Mayor Boro asked if he was correct that the CenterTown facility was built using the State standard? Ms. Delimont stated that was what the Developer had indicated. Mayor Boro reported it was his experience with that particular building, which is on the corner of Third Street, that whatever is there now is effective, and if that is 45 decibels, it is doing a good job. Councilmember Heller stated she had never understood why the City set its standard at 40 decibels in the General Plan, and asked if there had been a reason for that, and why ours was more strict? Ms. Delimont stated that in reviewing the Public Hearing record, there really was no discussion of it during the Hearing. She noted the Night Standard had indicated that 40 to 45 decibels was required for a good night's sleep, and it was felt that someone just decided to pick the lower end of the range, and there was really no discussion on it. Councilmember Phillips referred to the way the average was calculated, and asked if this meant a project could be going along at 5 decibels, and then it could spike up to 100 decibels, and then drop back down? Ms. Delimont stated it would be quite similar to that. She noted they do have some typical noise readings on Second Street which are fairly consistent, with the low point being approximately 56 decibels, and the high at 69 decibels, as the traffic does not vary too much. She explained those would be averaged, and the evening decibels would be at that level, plus the 10 decibels they are penalized, and then they would average the twenty-four hour readings. Mr. Phillips asked, if we continued to set the standard at 40 decibels, did that mean that at times it could be up to 100 decibels? Ms. Delimont stated it would be very difficult to do that, because there would have to be an off -setting compensation. Mr. Phillips asked if there was a maximum level? Ms. Delimont stated there was not. She noted the outside consultant had stated a 40 decibel level standard, as a night time average, did not really provide any additional protection, except in a location close to a very high noise source, such as an airport or railroad line, where there would be some unusually high peaks at night. Mr. Phillips asked if we have had any complaints during constructions periods where we have enforced the 40 decibel level standard? Ms. Delimont stated this did not really get into construction activity, it was set for the interior noise levels, in rooms. She stated we have an acoustical analysis done for each project, and the project Developer looks at the existing noise levels in the area, establishes a weighted average for those, and then the rooms need to be SRCC MINUTES (Regular) 11/17/97 Page 12 SRCC MINUTES (Regular) 11/17/97 Page 13 designed so the interior noise levels meet the average of 40 decibels throughout the twenty-four hour period in order to achieve that, because at night they could not exceed the 35 decibel level. Councilmember Miller noted the State standard was 45 decibels, and asked if our Zoning Ordinance was the same? Ms. Delimont stated the Zoning Ordinance was 45 decibels, but the General Plan specified 40 decibels. Mr. Miller asked why this variation was there in the first place? Ms. Delimont stated the Zoning Ordinance was supposed to be consistent with the General Plan; however, apparently an error was made in the typing of the Zoning Ordinance, and someone inadvertently put in 45 instead of 40. She noted we did not need to amend the Zoning Ordinance because it already says 45 decibels. Jay Morse, Chairman of the San Rafael Meadows Association, stated Ms. Delimont had reported there is a 10 decibel weighting in terms of noise levels at night versus those in the daytime, noting this meant that the current standard of 40 dBa translates to a 30 dBa evening average if the noise source is constant over twenty-four hours. He stated the proposed, looser standard of 45 dBa translates to a 35 dBa evening average if the noise source is constant, and that difference of 5 dBa works out to roughly taking the source of traffic and moving it half the distance closer to you, so the sound your ear would experience would be as if the traffic was twice as close as it was before. Mr. Morse stated the Environmental Initial Study, which is one of the items recommended for adoption with the Negative Declaration, states the proposed relaxed noise limit of 45 dBa may, indeed, expose people to severe noise levels, or noise that can disturb sleep. Mr. Morse noted this was in Items #16 and #17 of the draft report now before them for adoption. Mr. Morse noted a development which can meet the proposed looser standard can, generally, also meet the current standard, and the measures needed to bring them in compliance with the current standard are not extreme or costly. He noted the one exception to that would be where the development is near a high noise source, such as a railway or highway, as Ms. Delimont noted earlier. Mr. Morse reported one of the proposed compromises discussed before the Planning Commission was having a 40 dBa hourly evening average. He stated that a 40 dBa hourly average would be a significant loosening of the current standard, because the current standard works out to 30 dBa during evening hours. Mr. Morse stated this was important, because if it was looser, depending on the characteristic of the noise source, that could mean the City was out of compliance with the minimal State standard. Mr. Morse stated the consultant remarked several times that he was having to wear two hats, noting he had been asked by the Community Development Department to make a presentation to the Planning Commission about the technical aspects of noise, but he also made it clear that he was representing the Developer; therefore, his job was to get the proposal through that would help the Developer, and he noted several times he was a little uncomfortable that he was "wearing two hats". Mr. Morse stated a thorough discussion of this might be better served by having an Acoustic Consultant who can take a step back from the proposal, and look at it on its merits. Mr. Morse stated he had a couple of options for Council's consideration: The first would be to take the Planning Department's proposed compromise language and have the compromise level be 35 dBa during night time sleeping hours, rather than 40 dBa. Mr. Morse stated the 35 decibel level reflects what we would have under the proposed 45 decibel standard, except instead of saying that it is averaged over the entire sleeping period, it would be the average for each hour. His second proposal, which was prompted by Councilmember Phillips' comments, would be to have either a maximum decibel level, or a maximum number of times that the level could be exceeded during the sleeping hours. His last proposal, which he stated might be the easiest, would be to simply approve a waiver of the existing standard for the proposed project Downtown, and then consider modifying the noise standard at a later date, either before the Planning Commission or the Council, upon further consideration. Sid Waxman, President of the Montecito Residents Association, stated he agreed with Mr. Morse's position that if any change is made, it be an exception for this project. He stated it was his understanding that what has brought about all this work was one project with four units that was not in compliance with the higher decibel standard. He stated he did not know what impact changing the General Plan from 40 decibels to 45 decibels would have along Third Street, but noted if his neighborhood was included, and new multi -family dwellings were to go in, when people come home from work and want to relax it would be almost impossible to maintain the 45 decibel standard. Mr. Waxman pointed out those who live in multi -family dwellings are the very young and the very old, and those are just the people who are much more sensitive to changes in noise. Mr. Waxman felt it was a bit of an overworked case to try to lower the City's General Plan in order to accommodate one project, and he recommended an exception be made SRCC MINUTES (Regular) 11/17/97 Page 13 SRCC MINUTES (Regular) 11/17/97 Page 14 for this project, rather than change the standard for the entire City. Harry Winters, President of the West End Neighborhood Association, stated he had been concerned about his neighborhood, which is basically a single-family neighborhood, and he was pleased to see that the recommended change clearly defines the difference between a multi -family residence and a single-family residence with a second unit. Mr. Winters stated his main concern is that it is not really accurate to say that 45 decibels is consistent with the State standard. He pointed out the State standard sets a maximum of 45 decibels, which is a lot different than stating the decibel level shall be 45. Mr. Winters noted the City's General Plan currently has a 40 decibel limit, and stated this was a quality of life issue, pushing it to the maximum the State allows. Jim Schafer, Developer of the project that has fostered this particular issue, stated the actual impact of 40 decibels versus 45 decibels affects approximately 40 units of the Lone Palm project, and reported the estimated cost impact of that is approximately $125,000. Mr. Schafer stated that on a broader basis he was concerned about the impact of cost on the development of housing in the Downtown area, because in the Downtown area there is higher traffic volume, with more noise generated in the daytime hours, and less noise in the evening hours. He pointed out the way the acoustical portion of his development is constructed, they are required to attain the level specified, in this instance that which is contained in the General Plan, on the inside of the units, on an average basis over the 24 hours. He noted that when a physical calculation of the averages is done, the higher levels during the day, coupled with the 10% premium at night, causes the Developer to get into special designed windows, which go well beyond a reasonable standard for noise control and sleeping. He stated, in effect, by meeting the 45 dB average at night, as currently proposed, they will operate at 35 dB in the bedrooms at night, and according to most of the acoustical engineers he has spoken with, 35 dB is a very reasonable standard for comfort and uninterrupted sleep. Mr. Schafer stated the request to amend the General Plan was driven by economics and future concern for development of affordable housing, and housing in general in the Downtown core. There being no further public comment, Mayor Boro closed the Public Hearing. Mayor Boro noted it would seem that the peak noise, as far as sound, would really be during the day; for example, on Second Street it would be in the morning between 6: 00 AM and 10: 00 AM, when people are commuting into the City, and then in the evenings between 3:00 PM and 7:00 PM when people are going home. He noted this is what he would consider peak noise, in the sense of noise being generated that would be heard in the units. However, in the evenings, it would seem that the noise is way down. He noted he was trying to relate reality as far as what actually happens out there, versus these calculations, because people sleep at night when the noise on those two streets (Second and Third Streets) is much less than it is during the peak of the day. He noted it was fairly quiet in the units during the peak, and he was trying to understand the averaging, and tying that back to what really occurs in the evening when people are sleeping. Ms. Delimont stated they did have the noise readings, and the noise does drop down. She noted that during the daytime it peaks at approximately 71 decibel levels, and drops to approximately 56 decibels during the evening. She agreed there was a considerable difference, and with the acoustical measures that have to be taken, it would bring the level down even further, noting most evening hours it would be down to 35 decibels. She reported that around 6:00 AM or 7:00 AM the traffic begins to pick up, and it would be very difficult to meet the 35 decibel standard at that point in time; however, overall, it would be achieved for most of the evening hours. Ms. Delimont referred to the suggestions of a waiver for this project, stating it was not possible to waive a General Plan standard for a specific project, and noted the Ordinance itself would have to be amended. She stated if we were to amend the General Plan, we would need to look at the fact that there were going to be other projects in the Downtown, and the noise problem is not going to go away. She pointed out it was particularly bad for this project because it is on both Second and Third Streets. She reiterated they would not recommend any wording that would exempt a specific project, noting the General Plan should not be project specific. She stated some of the other specific measures brought up, such as an exemption establishing maximum noise levels and those types of issues, were things the Planning Commission looked at, and felt they became too complicated. Councilmember Phillips stated he assumed, since we have a standard in place, that all of the projects to date have met the standard. Ms. Delimont stated they have all been required to do the noise study, although there has been some confusion among the consultants, as they prepare a study based on the State SRCC MINUTES (Regular) 11/17/97 Page 14 SRCC MINUTES (Regular) 11/17/97 Page 15 standard, and then find the City has a more difficult standard. She reported that as far as she knew Boyd Court had met that standard, but pointed out there was a project on Fourth and Lincoln that would have a tough time when they do their acoustic analysis. However, she stated most of the projects have been able to meet the standard. Ms. Delimont reported she had heard that CenterTown had been built under the State standard, and not the City standard. Mr. Phillips asked if CenterTown was the only exception? Ms. Delimont stated this was the only exception she was aware of, but noted we had just started doing major housing projects in the Downtown. Mr. Phillips asked Ms. Delimont if she felt this would be a major deterrent to the development of housing Downtown if we were to stay with the existing standard? She stated for the project that triggered this issue, it did add approximately $120,000 to the cost of the project, or approximately $2,000 per unit; therefore, it would affect the affordability and add to the cost of the projects. Mr. Phillips asked if this project was already accommodating the current standard, or was it contemplating a loosening of the standard? Ms. Delimont stated that would be the cost to meet the current standard. Councilmember Heller noted we would be looking at this same problem with the Macy' s and Fourth and Lincoln projects, and asked about new apartment buildings or multi -family units by the freeway, pointing out there was a lot of sound bouncing off the freeway. Ms. Delimont stated the sound standard would apply Citywide, as it is proposed. She pointed out the projects up on Merrydale were adjacent to the freeway, and they will have to do sound mitigation, as well. Councilmember Cohen stated he was concerned with loosening the overall standard, noting even though there is a weighting of the night time standard, we are still talking about more noise at night time, because the current standard translates to a 30 decibel level at nighttime, and we are proposing 35 dB. He acknowledged the City has been supportive of housing, and maintaining the affordability of housing, but he noted we also had to be concerned about maintaining the quality of life. He noted one option, which appeared to have been briefly discussed by the Planning Commission and then dropped, would be to adopt this loosening of the standard for the Downtown core, and not Citywide. He stated he could recognize why it is difficult on a constrained site between Second and Third Streets, for example, or on the corner of Fourth Street and Lincoln Avenue, noting they go right up to the sidewalk, so there is less opportunity to do other mitigations that would attenuate the sound. He stated he could accept the notion that people who are going to live in the Downtown recognize that it is a noisier place to live than other areas of the community, so he could see some justification for having a different standard for the Downtown core. He stated he was a little concerned that they are changing the standard for the entire community, for what appears to come down to the issue of affordability on one particular project in the Downtown. City Manager Gould recommended Council consider the General Plan amendment, because when he asked how San Rafael arrived at a standard significantly lower than the Statewide standard, he was told that there was a desire at the time the General Plan was amended simply to have a tighter standard than the State, and there was no analysis done as to what that entailed in terms of additional building costs, and it was assumed that would be worked out later. Now we are learning what it is actually going to cost, and how it will increase the cost of building. Mr. Gould stated he had asked if there were other communities that had adopted a lower standard, similar to what San Rafael has in its General Plan, and he is finding a great majority of the cities we know of have adopted the Statewide standard of 45 decibels. He stated San Rafael has adopted a lower standard in the belief that it will increase the quality of life and the enjoyment, but we are now beginning to grapple with what that costs. Mayor Boro stated it boiled down to the issue of affordability versus quality of life, noting in the case of the CenterTown project, which has been in existence at least three years with the State standard in place, to his knowledge, we have not had one complaint about the issue of sound on that site. Therefore, he did not think quality of life was really an issue. He noted that while we are going through all the mechanics of the sounds and the averages, he was thinking about what happens in real time when people are sleeping, and he believed that in that area, in reality they do have a 35 dB. Ms. Delimont stated that was correct, on average. Mayor Boro stated, based on the traffic on the street, it was substantially quieter at night at CenterTown than it is in the morning or the afternoon when the commute is going on, and so, in reality, when people are sleeping at CenterTown, and when they will be sleeping at Lone Palm Court, they will have an average during those hours of more than what the State requires. Ms. Delimont stated that was correct, noting the noise levels on the street drop considerably between 10:00 PM and 6:00 AM. Councilmember Phillips asked, using CenterTown as an example, if we know what the average has been running at that location? Ms. Delimont stated the traffic would be at the same level for CenterTown as for Lone Palm Court across the street, SRCC MINUTES (Regular) 11/17/97 Page 15 SRCC MINUTES (Regular) 11/17/97 Page 16 and the traffic does drop off between 10:00 PM and 6:00 AM, picking up at 6:00 AM because that is when the commute hour begins. Mr. Phillips asked about the decibel counts within the bedrooms. Ms. Delimont stated is should be approximately 35 dB in order to meet the standard between those hours. Mr. Phillips asked what happens if traffic increases after a project is constructed, which he suspects it might because of Fair, Isaac, for example? Ms. Delimont stated the Developer has to do this based on the General Plan Build -out, based not only on the existing noise levels, but for the future levels as well. She reported the General Plan includes noise estimates based on what we expect the traffic to be on those roadways. Mr. Phillips stated that would mean it was not safe to conclude that because there have been no complaints from CenterTown under the current conditions, there might not be if we were at full build -out. Ms. Delimont stated it was probably even less than 35 dB right now, because of the fact that the traffic has not increased as much as it will, noting there was not that much variation on some of those major thoroughfares. Mayor Boro stated he was trying to understand the conclusion, and asked if, as we build -out, there is going to be more traffic going down Second and Third Street at night? Mr. Phillips stated it would probably mean more traffic and more activity throughout the area. Ms. Delimont reported one reason the State uses the 45 dB is because people can sleep at 45 dB, and that is a reasonable noise level for sleeping. Therefore, they have actually built in a cushion in the State standard that it is really going to be 35 dB at night because of the way it is weighted for evening and nighttime noise levels. She stated you would not get into any sleep disturbance until around the 45 dB range. Mr. Phillips asked if there were any other cities in Marin County that had a standard other than the State maximum? Ms. Delimont stated she did not know. Mr. Gould stated he had asked, and had not been informed of any. Mr. Gould stated he believed this was a question of marginal cost and marginal benefits, noting that if we took Lone Palm Court as an example, the marginal cost is approximately $3,000 per unit, and the difference in decibel levels is a marginal benefit of 5; therefore, 5 decibels for $3,000 per unit is what the Council needed to weigh. Councilmember Miller referred to previous amendments to the Downtown Vision, noting every amendment made was strategic in the Downtown Vision. He stated he was certain if the 45 decibel level had been brought foreward during the time they were amending the Downtown Vision, this was something that would have been adopted in order to encourage projects in the Downtown area. He noted if that meant the standard would have to be extended throughout the entire City, that would not be a burden to him. He acknowledged he could not quantify the difference of quality of life, and he would simply say he felt it was reasonable to rely upon the State standard. Councilmember Cohen stated if that is what the objective is, then he felt they should target the amendment to the Downtown, where this issue has been raised. He stated he was not convinced they could rely on the State to set standards that people in Marin County consider to be reasonable. He noted the staff report recognizes this is a quality of life issue, because we are not saying our standard is so absurd we need to raise it to 45 dB for all housing in San Rafael, including single-family; we are saying we have a good standard for single-family dwellings, but for multi -family it would be all right to go to the State standard; however we are not changing it across the board. Therefore, he stated we are saying there are some quality of life issues that we want to hold on to for some of the housing in San Rafael, but for the type of housing the City has stated repeatedly it wants to encourage, he was willing to accept that trade-off. However, he did not see any reason to make an overly broad change to the City's policy without having more study of it. He stated he would like to know what other communities do on noise standards. He noted that in the Downtown, where he could see that it would be difficult to get to the objective, it would seem reasonable to change it. He noted perhaps they needed to further study the issue in other areas of town, and make a more informed decision at some point in the future. He felt changing the standard throughout San Rafael, in response to a Downtown issue, was overly broad. a. RECOMMEND ADOPTION OF RESOLUTION CERTIFYING A NEGATIVE DECLARATION. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution certifying the Negative Declaration. RESOLUTION NO. 9983 -RESOLUTION CERTIFYING THE NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT TO AMEND NOISE ELEMENT POLICY N-7 TO INCREASE THE ALLOWED DECIBELS FOR BEDROOMS FROM 40 dB Ldn (DECIBELS AND SOUND LEVEL AT DAY -NIGHT AVERAGE) TO 45 dB Ldn FOR NEW MULTI -FAMILY RESIDENTIAL DEVELOPMENTS; CITY OF SAN RAFAEL. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None SRCC MINUTES (Regular) 11/17/97 Page 16 SRCC MINUTES (Regular) 11/17/97 Page 17 b. RECOMMEND ADOPTION OF RESOLUTION APPROVING GENERAL PLAN AMENDMENT. City Attorney Ragghianti asked Ms. Delimont if she felt this would have to be returned to the Planning Commission for their recommendation on this matter. Ms. Delimont stated they had touched on this topic in their discussion of whether or not to do it just for the Downtown, and she believed the issue was within the Council' s purview. Mr. Ragghianti felt that if the Planning Commission hearings included testimony and staff reports with regard to this issue, then he accepted what Ms. Delimont has stated. Mr. Cohen stated we already have a Citywide standard for hotels and motels, and we would be moving multi -family development in the Downtown core to the hotel/motel standard. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution approving the General Plan amendment for noise levels for new multi -family residential developments in the Downtown core, as amended. RESOLUTION NO. 9984 -RESOLUTION APPROVING GENERAL PLAN TEXT AMENDMENT TO AMEND NOISE ELEMENT POLICY N-7 TO INCREASE THE ALLOWED DECIBELS FOR BEDROOMS FROM 40 dB Ldn (DECIBELS AND SOUND LEVEL AT DAY -NIGHT AVERAGE) TO 45 dB Ldn FOR NEW MULTI -FAMILY RESIDENTIAL DEVELOPMENTS IN THE DOWNTOWN AREA; CITY OF SAN RAFAEL (as amended). AYES: COUNCILMEMBERS: Cohen, Heller, Miller & Phillips NOES: COUNCIL ERS: Mayor Boro ABSENT:COUNCILMEMBERS: None Mayor Boro explained the reason for his "No" vote, stating affordable housing is difficult to build, wherever you build it, and to set a dual standard seemed counter-productive to what we are trying to achieve with affordable housing, noting it would not all be in the Downtown. MONTHLY REPORT: 14. CITY MANAGER'S REPORT (CM) Report not given due to lateness of the hour. NEW BUSINESS: 15. COUNCIL REPORTS: None. There being no further business, the City Council meeting was adjourned at 10:30 PM. Mayor reconvened meeting to go into Closed Session. OPEN SESSION - 10:40 PM Mayor Boro announced Closed Session item. CLOSED SESSION - 10:40 PM 1. Conference with Legal Counsel - Anticipated Litigation a. Initiation of litigation pursuant to Government Code Section 54956.9(c) Number of Cases: One (1) OPEN SESSION - 11:15 PM Assistant City Attorney Guinan announced no reportable action was taken. SRCC MINUTES (Regular) 11/17/97 Page 17 SRCC MINUTES (Regular) 11/17/97 Page 18 There being no further discussion, the meeting was adjourned at 11:15 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/17/97 Page 18