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HomeMy WebLinkAboutCC Minutes 1990-04-16SRCC MINUTES (Regular) 6/90 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 16, 1990, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a, 1. No. 90-9(a) V. No. 90-9(b) #1 - Kenneth Massa vs. City of San Rafael No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 16, 1990, AT 8:00 PM. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: PROCLAMATION - LAW DAY USA - MAY 1, 1990 - File 110 Mayor Mulryan presented a proclamation, proclaiming May 1, 1990, as "Law Day USA", to Bruce W. Blakely, representative of the Marin County Bar Association. Mr. Blakely explained in detail the various free services which will be provided to the public by the legal profession on Law Day and the week immediately following. He expressed thanks to the City Council on behalf of the Bar Association. Mayor Mulryan took the following items out of order: 22. PRESENTATION OF REVENUE OPTIONS COMMITTEE REPORT (CM) - File 9-2-42 Mayor Mulryan announced that this item will be heard at the next City Council meeting, as Revenue Options Committee Chairman Maynard Willms was unable to be present to make presentation. 27. STATUS REPORT ON HOMELESS SHELTERS (CM) - File 13-16 Mayor Mulryan stated this item will not be heard at this meeting, but should go through the usual process toward a use permit, and give neighborhood groups and the Planning staff an opportunity for input. Councilmember Boro moved and Councilmember Thayer seconded, that the Council will entertain the subject of homeless shelters, but through the usual use permit process. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CONSENT CALENDAR Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Special Meeting of March 26, 1990, and Special and Regular Meetings of April 2, 1990 (CC) 3. Approval of Call for Applications Due to Expiration of Terms of Three (3) Park & Recreation Commissioners (CC) - File 9-2-4 Recommended Action Approved as submitted. a) Approved call for applications to fill 3 terms to end of May, 1994, deadline for receipt, Tuesday, 5/8/90, Noon; SRCC MINUTES (Regular) 4/16/90 Page 1 i SRCC MINUTES (Regular) 16/90 Page 2 4. Approval of Renewal of Agreement with Marin Pet Accommodation Services for Removal of Dead Wildlife (CM) - File 4-3-107 b) Set date for interviews, including incumbents, at special meeting on Monday, 5/21/90, at 6:30 PM, in City Manager's Conference Room 201 RESOLUTION NO. 8153 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH KYBURZ KID, INC. DBA MARIN PET ACCOMMODATION SERVICES (Three year agreement, from 4/15/90 thru 4/14/93) 5. Resolution of Appreciation for RESOLUTION NO. 8154 - RESOLUTION William Harrington, Facility OF APPRECIATION FOR WILLIAM HARRINGTON Repair Supervisor (PW) - File 102 x 9-3-40 (Retiring after 19 years' service) 6. Approval of Miller Pacific Engineering Group as Geotechnical Review Board Consultants (PW) - File 9-2-26 7. Authorization to Call for Bids - Reroofing of Fire Station Nos. 4, 5, and Training Tower (PW) - File 4-1-435 x 9-3-31 8. Resolution Acknowledging May as Waste Removal Month (CM) - File 13-2 RESOLUTION NO. 8155 - APPOINTING MILLER PACIFIC ENGINEERING GROUP AS GEOTECHNICAL REVIEW BOARD CONSULTANTS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN AN AGREEMENT FOR SERVICES Approved staff recommendation to call for bids. RESOLUTION NO. 8156 - IN SUPPORT OF WASTE AWARENESS MONTH, MAY 1990 9. Approval of Community Development Approved grant application in amount Block Grant (CDBG) Application for of $12,000 for Child Care Scholarships Child /Care Scholarships (Rec) - File 147 for City of San Rafael Child Care x 9-3-65 Programs. 12. Agreement Between City and County of Marin with Library Consultant, Raymond Holt & Associates, for Consultant Services During the Preparation of Drawings and Specifica- tions for the San Rafael/Marin Library (Lib) - File 4-3-208 13. Second Readinq and Final Adoption - Ordinance No. 1586, Amending Section 5.40.120 of the San Rafael Municipal Code to Add Section 5.40.120(c) Authorizing Removal of Vehicles Left Parked or Standing in Violation of Section 5.40.120 (PD) - File 11-8 x 11-5 RESOLUTION NO. 8157 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/County of Marin and Raymond Holt & Assoc., for consultant services during preparation of drawings and specifications for the San Rafael/Marin Library) City's share not to exceed $15,000, to come from Davidson bequest; County's cost to be equal. Cost for travel, etc., not to exceed $5,150. Approved final adoption of Ordinance No. 1586. 14. Legislation Affecting San Rafael (CM) Approved staff recommendation to File 9-1 OPPOSE AB 145 (Costa Park, Recreation and Wildlife Enhancement Act. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 10. AGREEMENT WITH MPA DESIGN FOR LANDSCAPE ARCHITECTURAL SERVICES FOR SHORELINE ENHANCEMENT PLAN (Rec) - File 4-10-244 Mayor Mulryan asked Recreation Director McNamee for more information on time lines and an estimate of when the project will be completed. SRCC MINUTES (Regular) 4/16/90 Page 2 SRCC MINUTES (Regular) ,16/90 Page 3 Ms. McNamee informed the Council that the Coastal Conservancy grant is an Enhance- ment Grant for $40,000 to complete the enhancement of several parcels along the East San Rafael Shoreline. She referred to Exhibit B in the staff report, which indicates the work tasks as commencing on May 11, 1990, and the final Enhancement Plan to be ready by the middle of August. She added that the private parcel will be turned over to a private developer. She said they have had much positive response in the neighborhood. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution authorizing the agreement with MPA Design. RESOLUTION NO. 8158 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/MPA Design, to complete Shoreline Enhancement Plan for South Pond, MMWD, Shoreline Industrial Park, and Bayview Marsh) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. EXTENSION OF CONTRACT WITH DELOITTE & TOUCHE RE AUDIT SERVICES FOR CITY OF SAN RAFAEL FOR FISCAL YEAR 1989/90 (Fin) - File 8-1 Mayor Mulryan noted that staff is recommending renewing the contract with Deloitte & Touche, although their fee is 10% more than last year, and questioned the fact that there was no bidding process involved. Finance Director Coleman stated that he is recommending this firm because the City has had good relations with them, and that most firms are no longer interested in governmental accounts. He noted that there is a new management team in this firm and, although this raise is higher than he expected, it is not exorbi- tant, but if the Council wishes he will go out to bid next year. The Council agreed that the contract should go out to bid next year. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolu- tion extending the contract with Deloitte & Touche for Fiscal Year 1989/90. RESOLUTION NO. 8159 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Deloitte & Touche for audit services for 1989/90) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - TO CONSIDER AN ORDINANCE ADDING CHAPTER 12.40 TO THE MUNICIPAL CODE SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM (PW) - File 13-11 x 1-6-1x 9-3-40 Mayor Mulryan declared the Public Hearing opened. Public Works Director Bernardi, in response to Mayor Mulryan's inquiry regarding the revised State Ordinance, explained that this proposed Ordinance can be amended by the draft Resolution in the packets, in order to comply with any State modifications. He noted that the only action proposed for this meeting is passing the Ordinance to print, and the Resolution will come back for adoption at a subsequent meeting, prior to the effective date of the Ordinance. In the meantime, Mr. Bernardi noted he will study the new State regulations and either modify the proposed Resolution to comply, or propose that it remain as it is. He stated it would not be fair to adopt standards and then change the rules. Councilmember Breiner inquired if that would affect the $1,000 cash deposit, and Mr. Bernardi responded that the money is a deposit to be used toward the Geotechnical Review analysis, and whatever money is left over will be refunded to the property owner. Liz Walker, Executive Director of the Marin Property Owners Association, referred to her letter of April 12, 1990, and stated that the $1,000 is excessive and should be kept out of the Ordinance entirely, or reduced by one-half. She then referred to Section 12.40.060, regarding Enforcement, in connection with failure to comply "with any order issued by the building official", and recom- mended that the Ordinance be amended to place this authority with the City Council. Ms. Walker also noted there is no cost ceiling on the study, and it is left up to the structural engineer employed by the individual property owner; and that some situations are more complex than others. Also a section SRCC MINUTES (Regular) 4/16/90 Page 3 SRCC MINUTES (Regular) 116/90 PAGE 4 should be added allowing for waivers and appeals in cases of financial hardship. Mr. Bernardi responded that the wording of the Ordinance is such that in order to take a noncompliance issue back to the City Council it is necessary that the building offical make a ruling first. Mayor Mulryan inquired about definitive standards, and Mr. Bernardi responded that since each building is different it is pretty much up to the structural engineer, and the analysis will be based on their determinations. There being no further public input, the public hearing was closed. Councilmember Boro inquired if there will be a criteria on standards for struc- tural engineers, so they will be looking for the same things to test against. Mr. Bernardi replied in the affirmative. Mr. Boro then confirmed that, with regard to the $1,000 fee, once the structural engineer certifies that this is their finding, then staff will go ahead and make their independent test against those findings. Mr. Bernardi agreed. Councilmember Shippey remarked that the Ordinance does not specifically say that the Council will act as a Board of Appeals, and that this should be stated. Mr. Bernardi referred to page 10, section (h), which provides the property owner with an appeal process under the Abatement of Dangerous Buildings Code. He noted that there is an appeal procedure to come before the Council, setting up a Board of Appeals before the building is vacated. He stated it is incorpo- rated by reference. Councilmember Breiner referred to the process being set up, for a consultant to help Public Works Department review what a professional will be drawing up, and asked if this is something which is done fairly frequently or is it being done to save time. Mr. Bernardi responded they are doing it to save time, and also because some of the more creative approaches to solving the problems may be beyond their ability to understand and he wants to make sure the property owners and their engineers will have the advantage of the technical expertise when making judgments. The title of the Ordinance was read: "ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 12.40 TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM" Councilmember Boro moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and to refer to it by title only and pass Charter Ordinance No. 1587 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - UP 89-10; APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL, OF A USE PERMIT FOR A SECOND DWELLING UNIT; 26 WILDWOOD WAY; ROBERT & CAROL BUTLER, OWNERS; STEVE KAY, ARCHITECT, REP.; FAIRHILLS PROPERTY OWNERS ASSOCIATION,, APPELLANT; AP 10-121-05 (P1) - File 10-5, Mayor Mulryan declared the public hearing opened, and continued it to the meeting of May 7, 1990, at request of staff. 17. PUBLIC HEARING - 101 AND 111 SMITH RANCH ROAD (P1) - File 10-5 x 10-7 a. UP 89-47/ED-59 & ENVIRONMENTAL ASSESSMENT; APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF USE PERMIT, DESIGN REVIEW PERMIT AND CERTIFICATION OF NEGATIVE DECLARATION FOR A 25,500 SQ. FT. RETAIL BUILDING AND A 5,000 SQ. FT. RETAIL BUILDING; 101 & 111 SMITH RANCH ROAD; SMITH RANCH PARTNERS, OWNERS; FORSHER + GUTHRIE, REPS.; ROBERT B. MARX, APPELLANT; AP 155-251-04. Mayor Mulryan declared the public hearing opened. Planning Director Pendoley briefed the Council on the proposed project, and addressed the appeal issues: 1) That the project will have an adverse effect on the City -owned pond, but the appellant does not identify the specific impact which would produce this effect. 2) That the project does not adequately address the Open Space areas around the project site and more study is necessary, but the way in which the project is deficient SRCC MINUTES (Regular) 4/16/90 Page 4 SRCC MINUTES (Regular) 116/90 Page 5 in protecting surrounding open space is not identified. 3) That the "V" ditch drainage system does not provide adequate security that the pond will not be polluted, but the nature and point of origin for any potential pollutant is not identified. 4) That the traffic generated from the site will destroy the open space buffer around the pond, but the way in which this traffic would have such an effect is not identified by the appellant. 5) Unidentified General Plan amendments. Mr. Pendoley pointed out that the EIR for the Smith Ranch Master Plan addressed this portion, and has limited habitat value. He noted that the drainage system planned, including that of Crest Marin II on the hill above, will increase the amount of water entering the pond with no change in quality of the water, and will actually be a benefit. With regard to traffic to be generated by this project, the majority of the traffic will be traveled upon Smith Ranch Road and Cresta Drive, already existing roadways. Mr. Pendoley noted there have actually been three Environmental Impact Reports (EIR's) on this area, by the Northgate Activity Center Plan, and General Plan 2000, as well as the Smith Ranch Master Plan. With regard to General Plan amendments, they will cause no serious problems. He noted that Deer Valley Road, which will be to the east of this project, will have a 50 -foot buffer zone from the pond. Councilmember Thayer inquired if there was a possibility of siltation, if the "V" ditch goes under Deer Valley Road. Lee Oberkamper, engineer for the project, explained the measures to be used, and stated there should not be a siltation problem, but if it is desired they could install a silta- tion basin. Ms. Thayer stated that would be a good idea. Councilmember Shippey inquired if Deer Valley Road would be used not only by the Fire Station, but also the proposed apartments on the adjacent parcel. Mr. Pendoley stated it would, but that if the apartments are not constructed it would be used as a driveway. Robert Marx, appellant, stated that lots of wildlife rely on the pond for fresh water, and open space should remain in its natural state. He added he feels that under CEQA an EIR should be done, and that a grading permit was issued but the planning process has not been completed. He noted this is not a minor alteration. He stated he feels that the two projects, Oakridge Apartments and Smith Ranch Parcel 3, should be considered together in an EIR. He also questioned the transfer of FAR's (Floor Area Ratios) within a project. He also stated he would like to know when the Fire Station will be built, and would like the road moved away from the pond. Mr. Pendoley responded that the most important EIR is the one on the Smith Ranch Master Plan in which a series of mitigation measures were recommended and are being followed, including the basic alignment of Deer Valley Road. He noted that the General Plan speaks of structures, but staff feels it should apply to roadways as well. He noted that the wildlife access is from the east, and that the developed areas of Oakridge are 110 feet from the pond, and that this issue is under review in the EIR. Councilmember Thayer inquired about cumulative impact of the two projects, and Mr. Pendoley responded that it is inappropriate in this case, because the EIR's were done on the property in question, so they are two separate issues. Cecilia Bridges, attorney for the applicants, stated that the Council has the record supporting the Planning Commission's approval, and she has noted the appeal letter, the letter from the Sierra Club, and the letter received this evening, and then addressed the four issues which were in all of the letters: 1) Quality and quantity of the pond water. 2) Runoff to the pond. 3) Separate analyses for the two projects. 4) Longer term mainte- nance of the pond. Ms. Bridges stated that the quality of the water will be improved, and gave a detailed explanation of the drainage, noting that there will actually be two drainage systems. She presented a drawing, showing that the office building on Parcel 3 will be 200 feet from the pond, and that the Fire Station will be at least 150 feet. She noted that the road will be 50 feet from the pond. She stated it is clear that the CEQA standards for these two projects have to be asked for separately, and added that the records show that the pond condition will be improved by the Parcel 3 project. With regard to maintenance of the pond, Ms. Bridges stated that Smith Ranch Partners are willing to do their share in maintaining the pond. In response to a question in one of the letters, Ms. Bridges stated that Smith Ranch Partners has no interest in the Oakridge Apartments. SRCC MINUTES (Regular) 4/16/90 Page 5 SRCC MINUTES (Regular) 116/90 Page 6 Mayor Mulryan stated that it is important to maintain the fresh water pond, and inquired if there is any problem with modifying the drainage for a siltation basin, and Ms. Bridges replied there is no problem. Mayor Mulryan then asked if Smith Ranch Partners would enter into an agree- ment with the City to maintain the pond in perpetuity, and Ms. Bridges stated that they would. She stated she can think of several ways that could be done. Ken Smith of the Sierra Club stated he realizes this project will provide more water to the pond, but they would like a 100 -foot buffer from the pond to Deer Valley Road, because of cars going up and down the road which would disturb the herons. He stated the road needs an EIR, and he feels that the pond will no longer be a wildlife refuge for migrating birds. With regard to the notification process for hearings of this type, he stated that the boards of directors of homeowners associations are probably notified if they are within the area, but they do not always notify the members. He stated the Sierra Club's concern is the wildlife which use the pond, and he is concerned about a Medivac ambulance at the Fire Station, with sirens which will impact the wildlife in the pond. Mr. Pendoley pointed out that their measurements are from the top of the bank, not from the surface of the water on the pond, and added that it is important to note that Deer Valley Road is part of the Oakridge Apartments plan, and is part of the Oakridge EIR. Barbara Salzman of the Audubon Society expressed concern about the pond, and stated that this project should have a new EIR and not be relying on the old ones. Carol Dillon of Marin Conservation League expressed her concern about the motorcycles now using the hills above the pond. She noted that the wildlife has moved away to a point above the area, and that they are clustered. Jay Staveler of Captain's Cove urged that the area be protected, and stated that the developers are pushing the debris into the pond. He noted he had not been notified of the hearing. Mr. Pendoley responded that Captain's Cove is outside the radius for noticing, but their Homeowners' Association was notified. Jenna La Fleur from Larkspur stated that the cumulative effect of the two projects deserves an EIR. Jim Lorenzato stated that the two projects have a combined effect, and the pond should have an EIR. Mr. Pendoley responded that these are two separate projects and do not have a cumulative effect. He repeated that there are two owners and two separate projects, and that the other project may not even be approved. He stated that the effect of this project will be to add more water than it takes out of the watershed. He stated that the other project takes water and this one gives it. Mr. Pendoley noted, in reply to a question, that there is one Negative Declaration for all applications on this project. Robert Marx again asked for a current EIR. There being no further public comment, Mayor Mulryan closed the public hearing. Councilmember Shippey inquired when the EIR on Oakridge will be received, stating he does not believe there is no cumulative impact on these two projects. Mr. Pendoley responded that the Draft EIR has been before the Planning Commission and the comment period has closed and the comments sent to the person who prepared the EIR. Councilmember Shippey noted that Deer Valley Road concerns both projects. Councilmember Boro stated it is not necessary to wait for the EIR on Oakridge, SRCC MINUTES (Regular) 4/16/90 Page 6 SRCC MINUTES (Regular) 16/90 Page 7 because this project has no negative impact on the pond. He stated that from the testimony before the Planning Commission, this project will improve the pond rather than have a negative impact on it. He also pointed out that there were the three EIR's done on this project, and that the Planning Commission has studied this issue at length and supported the project which is now before the Council. He added that he could see no reason not to approve the Negative Declaration. Councilmember Breiner stated that, with regard to this project, if there is a way to improve the distance of the road from the pond it should be explored. She said she does not feel a focused EIR is needed. She suggested that perhaps the Fire Station could be shifted, but the Council would have to have more detail on where the western edge of the pond is, and see if Deer Valley Road could be shifted. Mayor Mulryan inquired if Ms. Breiner is suggesting that the Council not make a decision tonight, and Ms. Breiner responded that staff could come back in two weeks with information regarding shifting the road, and perhaps relocating the fire station, and also addressing the maintenance of the pond. She added that in connection with the use permit, Deer Valley Road should have no parking on it near the pond. Councilmember Thayer inquired about where the animals could go if there is building all around the pond. She agreed with moving the road to the west and not having the Fire Station so close to the pond. She agreed with the comments about the noise impacts on the pond. Mr. Pendoley stated that the essential impacts most important in this area are drainage and the impact on wildlife movement. He stated it is quite clear from all evidence available that this project has no value regarding wildlife habitat or corridor. He added that, as for water runoff, it was fairly easily studied on Parcel 3. He added that Oakridge has significant wildlife values and corridor, a situation which is not shared by Parcel 3. Mr. Boro stated that staff's assessment is that the development of this site will not affect the habitat. Mr. Pendoley responded that Parcel 3 has no habitat values, that it is a narrow strip, 120 feet wide and the open space immediately above is very steep and has no habitat values. Mayor Mulryan agreed that is an Oakridge issue. Mr. Pendoley then showed by means of a map the location of the wildlife corridor, at the eastern edge of the Oakridge property. Ms. Breiner stated that even though Parcel 3 is not being used as a corridor, it affects the habitat value of the pond, and needs a little more attention. Mayor Mulryan asked for specifics, and Ms. Breiner responded that staff should verify the distances, and see if they should be moving the road and relocating the Fire Station. Councilmember Shippey agreed with the recommendation. Councilmember Breiner moved and Councilmember Boro seconded, to continue the public hearing to May 7, 1990, and for staff to meanwhile address the issues discussed, including furnishing of the Oakridge EIR. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan stated that the extension of the public hearing date included the following: b. GPA 90-1; General Plan Amendment to Policy LU -17 (Transfer of Floor Area Ratio) (P1) c. Z 89-9; Zone Change for a Mixed Development Consisting of a 25,500 Sq. Ft. Office Building and a 5,000 Sq. Ft. Neighborhood Retail Building (P1) 18. PUBLIC HEARING - PPP 90-1 THROUGH PPP 90-10; APPLICATIONS FOR PRIORITY STATUS AT AFFECTED INTERCHANGES IN CIRCULATION IMPACTED AREAS IN ACCORDANCE WITH RESO- LUTION NO. 8071 ("PRIORITY PROJECT PROCEDURES") (P1) - File 115 Mayor Mulryan declared the public hearing opened. Mr. Pendoley briefed the Council, stating that on March 13 and March 27, 1990, the Planning Commission reviewed applications for ten projects competing for Priority Status in accordance with Council Resolution No. 8071. He added that SRCC MINUTES (Regular) 4/16/90 Page 7 SRCC MINUTES (Regular) 116/90 Page 8 they took separate votes for each of the three interchanges: Lucas Valley/Smith Ranch Road/101; Freitas Parkway/101; and Bellam Boulevard/101/I-580. He stated that the Commission recommended the following for Priority Determination: Lucas Valle�y/Smith Ranch Road PPP 90-5: Northview PPP 90-9: Regency Center II (Modified) PPP 90-7: Smith Ranch Parcel Three PPP 90-10: Oakridge Apartments Freitas Parkway PPP 90-5: Norhview PPP 90-9: Regency Center II (Modified) Bellam Boulevard PPP 90-6: Toys R Us PPP 90-1: Spinnaker on the Bay Phase I PPP 90-3: San Rafael Honda/Restaurant PPP 90-8: Shoreline Industrial Park (Home Depot) PPP 90-4: Orchard Supply Hardware Mr. Pendoley explained that Northview designated four units as low income, and that Regency Center II had submitted a new project with a Child Care Center, which is a neighborhood -serving use. Mr. Pendoley stated that staff has recommended against Home Depot because of using the reserve trip allocations. He added that by next year the Andersen Drive Extension project will be funded, and the trip allocation may work out, but if there were one or two delays in the project, the Home Depot could take the LOS (Level of Service) below Mid -D. Attorney Ja Paxton, representing Pell Development Company, spoke regarding Regency CeNer II, and asked for consideration of lowering the minimum number of children from 75 to 60, which would occur only in the event that the Child Care Task Force survey indicates a lower number. He stated that, other than that issue, he recommends approval of PPP status for the project. Councilmember Thayer inquired if there were only 60 children required, what would the developer do with the extra space, and Mr. Paxton responded that they simply would not build it. He added they would not transfer the area to the office building. Vince Mulroy, representing Shoreline Industrial Park, speaking for Home Depot, stated he agrees with the Planning Commission that the Council should give priority to the projects from last year, and the Home Depot project. He stated it has the highest tax generation of any of the projects given PPP status last year. He added that it would provide access to a City -owned park and an access point to the Shoreline Band. In addition, they will hire 125 to 150 people, providing quality jobs for people in the neighborhood. He stated Home Depot has made a commitment to the Shoreline Industrial Park, contingent upon receiving PPP approval. Jim Lyon, Real Estate Management for Home Depot, stated they have committed to the idea of Marin County and, although there are several alternate locations, they prefer the Shoreline Industrial Park, and have been working with Mr. Bramante on issues before the Planning Commission. He stated his group is ready to develop the project. He added that they have done evaluations and decided there are numerous easily traveled routes to their site, and asked for favorable consideration. Casey Colley of Orchard Supply asked for approval of extension of one year. He said the Water Department is ready to give them a permit, but they are #79, and so far the permits have been given out as far as #53. Mike LaTourette of Orchard Supply echoed Mr. Colley's request for an extension. Neil Sorensen, attorney for the developers of Spinnaker on the Bay I and II agreed with the staff recommendation on Spinnaker I, and noted that Spinnaker II provides many of the same benefits. He pointed out the high level of wildlife habitat in Spinnaker Lagoon, and stated his concern that the Commission recom- mended Home Depot, which is not far along in the process. Ted Stevens spoke for Marin Honda, stating they are ready and prepared to proceed if they are granted an extension as requested. There being no further input, the public hearing was closed. SRCC MINUTES (Regular) 4/16/90 Page 8 SRCC MINUTES (Regular) '6/90 Page 9 (REVISED) Councilmember Boro stated he is pleased with Regency Center II providing child care facilities, and commended the developer for providing that type of facility. Regarding Home Depot, Mr. Boro stated he believes it is important to send a positive signal to them. He stated he is comfortable with Mid-level D in view of the traffic improvements being planned. He said we need to establish the financial base in the City, and by the time that project comes in the improvements will be in place. Councilmember Breiner stated she shares Mr. Boro's optimism that the contemplated improvements will be in place. Councilmember Thayer noted that during General Plan discussions there was much concern regarding Levels of Service (LOS), and that the Council would be taking a chance if they let the LOS go beyond the point, because if there are exempt uses which come through, the LOS will go below. She noted, however, that Home Depot offers tremendous tax revenue. Mr. Pendoley stated that delays in getting water might result in the traffic improvements being finished. Councilmember Thayer stated she will go along and opt for Home Depot. Councilmember Shippey expressed concern about going against staff recommendations and going below on the Critical Moves. He stated he is also concerned about Northview and Oakridge because of environmental issues. Mr. Pendoley stated that environmental concerns are weighed in PPP consider- ations, but the bottom line is that the environmental issues are taken up in the permit process, definitely on Oakridge and possibly on Northview. City Manager Nicolai informed the Council that all they are saying is that the developers can start up the process; they are not approving the projects. Councilmember Thayer stated that this project requires that the Council weigh the detriments of a project, and she would not include Oakridge or Northview in the PPP because there are significant environmental impacts, particularly in Oakridge. She stated it would not be a benefit to the City to negate the drawbacks. Mayor Mulryan responded; all the Council is saying is to come forward and give the project your best shot and we will make a determination. He added the Council is not saying they find a project is going to need an EIR. Councilmember Boro added that if a project does not qualify on traffic then it is dropped. He stated that once a project gets that far, the Council sees all the benefits and gives the applicant the opportunity to submit an application. The Council agreed to vote on the PPP projects by intersection. Lucas Valley/Smith Ranch Road:, Councilmember Boro moved and Councilmember Breiner seconded, to approve PPP 90-5: Northview; PPP 90-9: Regency Center II (Modified - range 60 - 75); PPP 90-7: Smith Ranch Parcel Three; and PPP 90-10: Oakridge Apartments. AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey & Thayer ABSENT: COUNCILMEMBERS: None Freitas Parkway: Councilmember Boro moved and Councilmember Breiner seconded, to approve PPP 90-5: Northview; and PPP 90-9: Regency Center II (Modified - range 60 - 75). AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey & Thayer ABSENT: COUNCILMEMBERS: None Bellam Boulevard: Councilmember Breiner moved and Councilmember Boro seconded, to approve PPP 90-6: Toys R Us; PPP 90-1: Spinnaker on the Bay I; PPP 90-3: San Rafael Honda/ Restaurant; PPP 90-8: Shoreline Industrial Park (Home Depot), because it is a home improvement center; and PPP 90-4: Orchard Supply Hardware. SRCC MINUTES (Regular) 4/i6/90 Page 9 SRCC MINUTES (Regular) /16/90 Page 9 Councilmember Boro stated he is pleased with Regency Center II providing child care facilities, and commended the developer for providing that type of facility. Regarding Home Depot, Mr. Boro stated he believes it is important to send a positive signal to them. He stated he is comfortable with Mid-level D in view of the traffic improvements being planned. He said we need to establish the financial base in the City, and by the time that project comes in the improvements will be in place. Councilmember Breiner stated she shares Mr. Boro's optimism that the contemplated improvements will be in place. Councilmember Thayer noted that during General Plan discussions there was much concern regarding Levels of Service (LOS), and that the Council would be taking a chance if they let the LOS go beyond the point, because if there are exempt uses which come through, the LOS will go below. She noted, however, that Home Depot offers tremendous tax revenue. Mr. Pendoley stated that delays in getting water might result in the traffic improvements being finished. Councilmember Thayer stated she will go along and opt for Home Depot. Councilmember Shippey expressed concern about going aainst staff recommendations and going below on the Critical Moves. He stated he is a19so concerned about North - view and Oakridge because of environmental issues. Mr. Pendoley stated that environmental concerns are weighed in PPP consider- ations, but the bottom line is that the environmental issues are taken up in the permit process, definitely on Oakridge and possibly on Northview. City Manager Nicolai informed the Council that all they are saying is that the developers can start up the process; they are not approving the projects. Councilmember Thayer stated that this project requires that the Council weigh the detriments of a project, and she would not include Oakridge or Northview in the PPP because there are significant environmental impacts, particularly in Oakridge. She stated it would not be a benefit to the City to negate the drawbacks. Mayor Mulryan responded; all the Council is saying is to come forward and give the project your best shot and we will make a determination. He added the Council is not saying they find a project is going to need an EIR. Councilmember Boro added that if a project does not qualify on traffic then it is dropped. He stated that once a project gets that far, the Council sees all the benefits and gives the applicant the opportunity to submit an application. The Council agreed to vote on the PPP projects by intersection. Lucas Valley/Smith Ranch Road: Councilmember Boro moved and Councilmember Breiner seconded, to approve PPP 90-5: Northview; PPP 90-9: Regency Center II (Modified); PPP 90-7: Smith Ranch Parcel Three; and PPP 90-10: Oakridge Apartments. AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey & Thayer ABSENT: COUNCILMEMBERS: None Freitas Parkway: Councilmember Boro moved and Councilmember Breiner seconded, to approve PPP 90-5: Northview; and PPP 90-9: Regency Center II (Modified). AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey & Thayer ABSENT: COUNCILMEMBERS: None Bellam Boulevard: Councilmember Breiner moved and Councilmember Boro seconded, to approve PPP 90-6: Toys R Us; PPP 90-1: Spinnaker on the Bay I; PPP 90-3: San Rafael Honda/ Restaurant; PPP 90-8: Shoreline Industrial Park (Home Depot), because it is a home improvement center; and PPP 90-4: Orchard Supply Hardware. SRCC MINUTES (Regular) 4/16/90 Page 9 SRCC MINUTES (Regular) 1/16/90 Page 10 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Thayer commended Regency Center II on their project, although she could not vote for it because it was included with another project. 19. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 343 THIRD STREET (SWENSEN'S) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was closed. Councilmember Breiner noted that in future shopping center projects the issue of handicapped access should be kept in mind during the development phase. Councilmember Breiner moved and Councilmember Thayer seconded, to accept staff recommendation that the Council, sitting as the Board of Appeals, grant the appeal of the provision of handicapped accessible toilet rooms as representing an unreasonable hardship, and direct staff to prepare an appropriate Resolution with findings and bring it back for adoption at the May 7, 1990, meeting. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. PUBLIC HEARING - TO CONSIDER EXTENSION OF SLOPE ORDINANCE (P1) - File 10-3 x 10-6 Mayor Mulryan declared the public hearing opened. Councilmember Boro inquired about the public being informed on this project, and Mr. Pendoley responded there will be wide publication when the Ordinance is updated. Jeff Mulanax of the Montecito Neighborhood Association supported the extension, and urged that the standards in the new Ordinance be tightened up to 30% slope, and he would like to be advised when the standards are being worked on. Victoria DeWitt of the West End Neighborhood Association encouraged proceeding with the updated Ordinance as soon as possible. There being no further public input, the hearing was closed. The title of the Ordinance was read: "AN URGENCY ORDINANCE EXTENDING FOR TWELVE MONTHS ORDINANCE NO. 1561, AN AMEND- MENT TO THE SUBDIVISION ORDINANCE REGULATING THE CREATION OF NEW LOTS FOR DEVEL- OPMENT WHICH HAVE SLOPES GREATER THAN 10% AND TO ASSURE ADEQUATE ON-SITE PARKING" Councilmember Boro moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and to refer to it by title only, and to S�opt Urgency Ordinance No. 1588 by the following vote, to wit: (4/5ths vote require AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON CAPITAL IMPROVEMENT PROGRAM (PW) - File 8-5 x 9-3-40 City Manager Nicolai stated she wanted to bring this item back on an annual basis before the budget hearings, indicating the funding and giving the status of last year's projects. She noted that the report looks into the future, and commended Lloyd Strom, Assistant Public Works Director, on the efficient job he has done and the fact that he has kept the report updated. Mayor Mulryan agreed, stating it is well coded and helps the Council to under- stand the situation. Item to be brought back to City Council for further discussion at meeting of May 7, 1990 in conjunction with the Revenue Options Committee recommendations. 23. ORDINANCE AMENDING ORDINANCE NO. 1583 RE COMPENSATION FOR CITY COUNCIL (CC) - File 7-3-2 x 9-1 The title of the Ordinance was read: SRCC MINUTES (Regular) 4/16/90 Page 10 SRCC MINUTES (Regular) -/16/90 Page 11 "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1583 TO ADJUST THE COMPENSATION FOR CITY COUNCIL" (Adjusting salary of Mayor to $702 per month and Councilmembers to $468 per month) Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1589 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. REPORT ON MOWING FOR FIRE SAFETY IN OPEN SPACE AREAS (PW) - File 0-14-1 x 4-10-212 x 9-3-40 Councilmember Breiner stated she is happy to hear that the work is scheduled. Mr. Bernardi responded that he wanted to make sure that they will have only one mowing: to start in mid May and to be completed by the first week in June. Ms. Breiner inquired about the supervision of the San Quentin people, and Mr. Bernardi assured her they will be, and noted they have been working in the various parks, with no problem. 25. COUNTYWIDE PLANNING AGENCY VOTING REQUIREMENTS - File 170 x 191 Mayor Mulryan briefed the Council, stating that he feels a letter should be sent to the Countywide Planning Agency restating the City's position regarding the Marin Transportation Authority (MTA) meetings be held jointly with the Countywide Plan Advisory Committee (CPAC), and to request postponement of the proposed April 25th MTA meeting to the May 24th meeting of CPAC. Councilmember Boro agreed, stating that issues shift between the agencies, and that the standards need to be adopted at the same time as the review process. Councilmember Thayer moved and Councilmember Shippey seconded, to have a letter prepared as recommended by staff, reconveying critical City positions on the proposed Growth Management Plan Sales Tax Measure to County representatives. and staff working on this Measure, as proposed in the staff report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. REQUEST BY NORTH SAN RAFAEL COALITION OF RESIDENTS FOR FURTHER STUDY OF MERRYDALE OVE CROSSING (CM) - File 4-13-80 x 4-3-216 x 9-3-40 Ms. Nicolai reported that she had met with two members of NSRCR. She stated that they had many questions, and they need the assumptions explained. They are concerned about the net result and what should be expected. She stated she feels that if the project is understood by the residents a study may not be necessary. Erwin Williams of NSRCR stated that people do not understand how the facility is going to work, and they would like to understand it, but they do not want to cause a lot of staff time. Mayor Mulryan explained that the City has to have experts in that area to do the analysis, and he would not want to rely on a volunteer as proposed by NSRCR. Ms. Elissa Giambastiani Executive Director of the San Rafael Chamber of Commerce stated she is confused, because she thought the traffic had been thoroughly studied and this would be a mitigating factor. She wondered why we are going back. Mayor Mulryan explained that the NSRCR wants to know about it. He added it cannot be delayed past a certain date because the City does not want to lose the funds. They do not want to delay the project. Staff to meet with representatives of North San Rafael Coalition of Residents to provide background information on Merrydale Overcrossing project assumptions. ADD ITEM Councilmember Boro moved and Councilmember Thayer seconded, to add an emergency item to the agenda regarding appointment to LAFCO. SRCC MINUTES (Regular) 4/16/90 Page 11 SRCC MINUTES (Regular) /16/90 Page 12 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REAPPOINTMENT OF CITY REPRESENTATIVE TO SERVE ON THE LOCAL AGENCY FORMATION COMMIS- SION (LAFCO) - File 149 Councilmember Boro moved and Mayor Mulryan seconded, to reappoint Councilmember Breiner to continue to serve as the City's representative on LAFCO (for a 4 -year term to first Monday in May, 1994). AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned at 11:20 PM. JEAN LEONCINI, Lei y Clerk APPROVED THIS DAY OF , 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 4/16/90 Page 12