HomeMy WebLinkAboutCC Minutes 1990-05-07SRCC MINUTES (Regular) /90 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 7, 1990, AT 7:00 PM.
Regualar Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
1. No. 90-10(a) #7 - Dr. Janice Joseph, V.E. Balazki & Marve I. Balazki vs. City of San Rafael,
Mayor and Councilmembers.
No. 90-10(b) V.
No. 90-10(c) #2.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 7, 1990, AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
San Rafael City Council Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Joan Thayer, Councilmember
Absent: Michael A. Shippey, Councilmember
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney;
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
DESIGN A14ARD FOR FALKIRK GREENHOUSE FROM CALIFORNIA PRESERVATION FOUNDATION - File 109 x 9-3-84
Falkirk Director Carol Adney presented the Council with a Design Award for the City of San
Rafael on the Falkirk Greenhouse, from the California Preservation Foundation, which had been
presented at the Annual Conference of the Foundation on April 27, 1990 and accepted on behalf
of the City by Councilmember Albert Boro. Ms. Adney informed the Council that Architect Bruce
Judd had also received an award for the architectural design, as well as Marin Heritage winning
an award for their efforts in the work of restoring the Greenhouse.
BARRIER AWARENESS (FOR THE HANDICAPPED) - File 13-1-1
City Manager Nicolai informed the Council that she had spent the day in a wheelchair, partici-
pating in the fifth annual Barrier Awareness Day. She noted that several other members of
the community had done this also, and that it was intended to make people aware of the sensiti-
vities of the handicapped experience regarding the various types of barriers, architectural
as well as attitudinal. Ms. Nicolai added that the day had been a challenge, getting around
in City Hall.
BOATS IN SAN RAFAEL CANAL - File 144
Mr. Alan Larkins informed the Council that a study has been made on the crowding and social
problems in the Canal area, but now the San Rafael Canal has become unsightly because of people
living aboard their boats, including the old, wrecked boats tied to apartments. He asked the
Council to either adopt an Ordinance or have Use Permit regulations enacted, regarding live
aboard boats.
Mayor Mulryan responded that the Council is aware of the problem and will act on this issue
when it is discussed at the end of the agenda.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Boro seconded, to approve the recommended action
on the following Consent Calendar items:
Item Recommended Action
2. Approval of Minutes of Regular Meeting Approved as submitted.
of April 16, 1990 (CC)
3. SECOND READING AND FINAL ADOPTION OF Approved Final Adoption of Ordinance No.
ORDINANCE NO. 1589 - An Ordinance of the 1589.
City of San Rafael Amending Ordinance No.
1583 to Adjust the Compensation for City
Council (CC) - File 7-3-2 x 9-1
SRCC MINUTES (Regular) 5/7/90 Page 1
SRCC MINUTES (Regular) 1-7/90 Page 2
4. Resolution of the City Council Appointing RESOLUTION NO. 8161 - APPOINTING WILLIAM
William M. Palmer as Planning Department M. PALMER, CODE ENFORCEMENT OFFICER, TO
Representative in Small Claims Court REPRESENT AND APPEAR IN THE SMALL CLAIMS
Actions (CA) - File 3-2 x 9-3-17 COURT ON BEHALF OF THE CITY OF SAN RAFAEL
5. Resolution of Findings Granting Appeal
of Handicapped Access Requirements at 343
Third Street (Swensen's) (PW) -
File 13-1-1
6. Authorize Transfer of Funds from Parking
District to Reimburse Parking Authority
for Lootens Place/Third Street Parking
Structure Award of Contract (PW) -
File PA -4 x 6-1
7. Waste Management Planning (P1) -
File 4-13-81 x 13-2 x 9-1
8. Resolution of Project Priority
Determinations - Year 1990 (P1) -
File 115 x 10-2
10. Resolution Authorizing Application for
Grant Funds Under the Roberti-Z'Berg
Open Space and Recreation Program
(Red - File 4-10-245 x 9-3-65
11. Partial Closure of Fourth Street and "A"
Street for Street Dance, Classic Car
Parade and Display, Sponsored by the
Downtown Merchants' Association on
Saturday, May 12, 1990 (PD) - File 11-19
12. Legislation Affecting San Rafael (CM) -
File 9-1
13. Claims for Damages:
a. Wendy Brent & Cynthia Brent (PD)
Claim No. 3-1-1458
b. Bernhard Manuel Rau (PD)
Claim No. 3-1-1459
RESOLUTION NO. 8162 - OF THE CITY COUNCIL
OF THE CITY OF SAN RAFAEL (IN ITS CAPACITY
AS BOARD OF APPEALS) GRANTING APPEAL FROM
STATE ACCESS REQUIREMENTS - 343 THIRD STREET,
SAN RAFAEL
RESOLUTION NO. 8163 - AUTHORIZING TRANSFER
OF FUNDS FROM THE CITY OF SAN RAFAEL PARKING
DISTRICT TO THE CITY'S PARKING AUTHORITY
FOR CONSTRUCTION OF THE LOOTENS PLACE/THIRD
STREET PARKING STRUCTURE DRAINAGE CHANNEL
REPLACEMENT ($24,000)
RESOLUTION NO. 8164 - AUTHORIZING THE MAYOR
TO SIGN THE MEMORANDUM OF UNDERSTANDING
FOR JOINT CITY AND COUNTY INTEGRATED WASTE
MANAGEMENT PLANNING
RESOLUTION NO. 8165 - GRANTING PRIORITY
DETERMINATIONS (For year 1990)
RESOLUTION NO. 8166 - APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG-HARRIS
URBAN SPACE & RECREATION PROGRAM (For Terra
Linda Recreation Center Playground Improvement
Project - $16,689)
Approved staff recommendation.
Approved staff recommendations:
SUPPORT - STATE PROPOSITION 107 - On June
ballot, to provide $150 million in bonds
for housing programs.
SUPPORT - STATE PROPOSITION 108 - On June
ballot, authorizing State to sell first
$1 billion of total $3 billion in general
obligation bonds to fund passenger rail
transportation.
SUPPORT - STATE PROPOSITION 116 - Sponsored
by Planning and Conservation League to provide
$1.9 billion for passenger rail projects
throughout California, providing $611 million
for rail projects in Bay Area, including
$11 million for NWP rail in Marin County.
SUPPORT - STATE PROPOSITION 111 - On June
ballot, would liberalize the Gann (Prop.
4) spending limits in three ways.
SUPPORT - AB 2603 (Lempert) - Oil Spill
Prevention & Response Act.
SUPPORT - SB 2040 (Keene) - Oil Spill Preven-
tion, Abatement & Removal Act.
OPPOSE: SB 2443 (Torres) - Binding Arbitration,
Local Government Employees (Peace Officers).
Approved Insurance Consulting Associates'
recommendation for denial of Claims a, b,
c, d & e.
SRCC MINUTES (Regular) 5/7/90 Page 2
c. Cornelius M. & Jody P. Keane (PD)
Claim No. 3-1-1466
d. State of California (PD)
Claim No. 3-1-1470
e. Jean Capdarest (PD)
Claim No. 3-1-1472
f. Daniel George Kelley (PW)
Claim No. 3-1-1478
g. Josephine M. Burns (PW)
Claim No. 3-1-1485
h. Frederick Tetzlaff (PW)
Claim No. 3-1-1486
i. Larry Bancroft (PW)
Claim No. 3-1-1489
j. Pauline Chazankin (PW)
Claim No. 3-1-1491
k. Kennedy/Jenks/Chilton, Inc. (PW)
Claim No. 3-1-1492
SRCC MINUTES (Regular) 5, 90 Page 3
Approved City Attorney's recommendation
for denial of Claims f, g, h, i. j & k.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
The following item was removed from the Consent Calendar for discussion:
9. TS86-1 (SPINNAKER POINT UNIT 5); BELOW MARKET RATE HOUSING AGREEMENT (PI) - File 5-1-263
Councilmember Thayer stated she has concerns that the units in question may never be built,
since they are scheduled too to another phase of the project, and the City would be
given the "in lieu" fees of $65,000 with depreciated dollars for affordable housing.
Planning Director Pendoley responded that is a valid concern, and staff could go back
to the developer and tell him that the condition should tie in to the Consumer Price Index
(CPI).
Mayor Mulryan inquired about an extension of the agreement, and Mr. Pendoley responded
that the agreement says it can only be extended three times.
Councilmember Boro added that he has a similar concern, and that the agreement should
be tightened.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution approv-
ing a one-year extension of the agreement.
RESOLUTION NO. 8167 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT PROVIDING
A ONE YEAR EXTENSION OF AN AGREEMENT TO PROVIDE BELOW MARKET RATE
HOUSING (With Spinnaker Point Partnership Re Spinnaker Point
Unit 5)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
14. PUBLIC HEARING - UP89-10 - 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 opened the public hearing and continued it to June 18, 1990, based on staff
recommendation.
15. PUBLIC HEARING - Z90-1 P -D (PLANNED DEVELOPMENND
AMENDMENT TO ADOPT TRANSPORTATION SYSTEMS
MANAGEMENT PROGRAM FOR LUCAS GREEN BUILDINGS II; 1600 LOS GAMOS ROAD: KRONOS PROPERTY
HOLDING CO., OWNER; JAY L. PAXTON, REP.; AP 165-010-94 & 96 (P1) - File 10-3
Mayor Murlyan declared the public hearing opened.
SRCC MINUTES (Regular) 5/7/90 Page 3
SRCC MINUTES (Regular) r /90 Page 4
Planning Director Pendoley briefed the Council, stating that the proposed project involves
two applications. First, the applicant proposes to subdivide the existing 34.8 acre parcel
into two lots; one for each of the two office buildings on the site. As proposed, each
parcel would contain one office building with appurtenant parking. Secondly, the applicant
is requesting that Ordinance No. 1350 be amended, since it involves development standards
for this P -C zone. Mr. Pendoley added that the amendment would require the implementation
of a Transportation Systems Management (TSM) program for the office buildings as a condition
of the P -C zoning. He noted this was erroneously omitted when this project was processed
previously, but that the users of the two buildings have voluntarily administered a very
successful, but "unofficial" TSM program for the past nine years. He noted that the amended
Ordinance would simply establish a TSM program as a condition of the P -C zone which would
insure the continued use of a TSM program by the current office tenants and any subsequent
occupants of the office buildings.
Attorney Jay Paxton, representing the property owners, stated this action is a housekeeping
matter. He mentioned that in the proposed Ordinance, under Exhibit "A" (f) the action
is not pertinent, since there is no proposal for building. Other than that, he stated
he concurs with the staff report.
There being no further public input, the public hearing was closed.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution certi-
fying a Negative Declaration for amendment of Ordinance No. 1350.
RESOLUTION NO. 8168 - CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENT OF ORDINANCE 1350
MODIFYING DEVELOPMENT STANDARDS FOR P -D (PLANNED DEVELOPMENT) ZONING
FOR LUCAS GREEN I AND LUCAS GREEN II OFFICE PROJECTS, 1600 AND 1650
LOS GAMOS ROAD (ASSESSOR'S PARCEL NUMBERS 165-010-94 AND -96)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE DEVELOPMENT STANDARDS FOR LUCAS GREEN
I AND LUCAS GREEN II AS DESCRIBED IN EXHIBIT 'A' TO ORDINANCE 1350 ADOPTED BY REFERENCE,
BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, RECLASSIFYING CERTAIN
REAL PROPERTY FROM PD -NG (PLANNED DEVELOPMENT - NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT)
TO PD -NG (PLANNED DEVELOPMENT - NORTHGATE ACTIVITY OVERLAY DISTRICT) AMENDING EXHIBIT
'A' TO INCLUDE A DEVELOPMENT STANDARD REQUIRING THE IMPLEMENTATION OF A TRANSPORTATION
SYSTEMS MANAGEMENT (TSM) PROGRAM (ASSESSOR'S PARCEL NUMBERS 165-010-94 AND -96)"
Councilmember Boro moved and Councilmember Breiner seconded, to dispense with the reading
of the ordinance in its entirety and refer to it by title only and pass Charter Ordinance
No. 1590 to print, as amended to delete section (f) of Exhibit "A", by the following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
16. PUBLIC HEARING - UP87-75 - EXCEPTION REQUEST TO ALLOW A SECOND DWELLING UNIT WHICH EXCEEDS
40% OF THE SIZE OF THE MAIN DWELLING UNIT; 409 FORBES AVENUE; MARION ROYAEL, OWNER; JOHN,
SIMONTACCHI, REP.; AP 101-171-27 (PI) - File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Pendoley informed the Council that on April 10, 1990, the Planning Commis-
sion by a vote of 4-1 had approved a use permit application for a second dwelling unit
at 409 Forbes Avenue, and recommended that the City Council grant an exception to allow
the second unit to equal 46% of the size of the main dwelling unit. He noted that the
San Rafael Zoning Ordinance states that the square footage of a second dwelling unit shall
be no greater than 40% of the gross square footage of the main dwelling and that exception
may only be granted by the City Council. He stated that this is a pre-existing second
dwelling unit and added that exceptions to the size requirement are typically granted
where a second dwelling unit already exists, or where it would be too costly or difficult
to expand the main house or make the second unit smaller.
Mr. Ezio Palmieri informed the Council that he is the husband of the real estate agent
who sold the home about two years and two months ago. He stated that the new owner requested
that the second unit be legalized.
Mr. John Simontacchi, representing Marion Royael, the owner, stated that he has been working
on the parking configuration to provide the necessary parking.
SRCC MINUTES (Regular) 5/7/90 Page 4
SRCC MINUTES (Regular) 5, 4,190 Page 5
Ms. Pat Randolph of 412 Forbes Avenue, across the street from the property in question,
stated that the Council should abide by the Ordinance and not allow a unit more than 40%
of the main dwelling. She stated the homes in the area are small enough to begin with
and allowing second units that large will change the character of the neighborhood. She
also questioned whether there is sufficient footage to provide the necessary off street
parking. Ms. Randolph added that, according to the Ordinance, exceptions should be granted
only under extraordinary circumstances, and this is not one. She noted that the increased
traffic will affect the health and safety of the nearby residents.
Charles Hartsook of 415 Forbes Avenue informed the Council that for the past five to seven
years this property has been occupied by several different people, and that the previous
owner had started renting it. He stated he has a 3z year old son, and fears for his safety
since this is a narrow street with no sidewalk. He added that he has nothing against Mrs.
Royael.
Mayor Mulryan inquired about a remedy, and Mr. Pendoley responded that one way would be
to decrease the size of the second unit, which would mean that no exception would be requir-
ed.
Mr. Hartsook stated that the kitchen was not installed until around the time the property
was last sold. Councilmember Boro stated that from the staff report it appears that at
the time of sale there was no kitchen. Public Works Director Bernardi offered to check
the file to see what was noted by the inspector at the time of sale.
Mr. Simontacchi informed the Council that he had done work for the previous owner around
1985 and at that time there were tenants, and the kitchen did exist. He stated that Mrs.
Royael's daughter now lives there, and it is not a rental situation.
Mayor Mulryan suggested asking Mrs. Royael if she would limit the number of cars and would
she rent it to relatives only.
Mr. Pendoley informed the Council that Associate Planner Tuikka had just informed him
that when the sale to Mrs. Royael took place the kitchen was there, and when Mrs. Royael
was told the unit was illegal she applied for a permit but the process has taken some
time.
Mayor Mulryan inquired of City Attorney Ragghianti about limiting the residents to family
and/or limiting the number of residents. Mr. Ragghianti responded that is a difficult
question, and he will look into it.
Councilmember Boro recommended that staff look into reducing the size of the unit to 40%,
if that could be accomplished, and also to explore what other options there might be.
Mayor Mulryan then continued the pubic hearing to May 21, 1990.
17. PUBLIC HEARING - TO CONSIDER APPROVAL OF INDEPENDENT GEOTECHNICAL REPORT OF HARDING LAWSON
ASSOCIATES IN CONNECTION WITH PROPOSED SETTLEMENT OF LITIGATION ENTITLED MASSA V. CITY
OF SAN RAFAEL, ET AL (CA) - File 3-2-69 x 5-1-311
Mayor Mulryan declared the public hearing opened.
City Attorney Ragghianti briefed the Council, stating that on November 17, 1989, Kenneth
Massa filed a lawsuit claiming that the City Council abused its discretion when it upheld
the Montecito Neighborhood Association's appeal of the decision of the San Rafael Neighbor-
hood Association's appeal of the decision of the San Rafael Planning Commission, thereby
denying Mr. Massa's application for subdivision of his property at Highland Avenue and
Hubbell Court. Mr. Ragghianti added that in his lawsuit Mr. Massa sought damages, as well
as a Writ of Mandate directing the City Council to set aside its decision denying his
application for a tentative subdivision map and to approve the application.
Mr. Ragghianti noted that the City Council and Mr. Massa have entered into a proposed
settlement of this litigation, in connection with which the parties agreed that Harding
Lawson & Associates would conduct an independent geotechnical review of the subject site;
and that the Council's review of the geotechnical report would be governed by Appendix
E, Section 0, Geotechnical Review of the City of San Rafael's General Plan 2000, and that
such review would be limited in scope to a determination of conformance with the geotechni-
cal requirements of the General Plan. Mr. Ragghianti concluded, stating that staff recom-
mends that the Council conduct a public hearing at this time, for the limited purpose
of receiving comments on the geotechnical report as provided by the proposed settlement
stipulation.
Mayor Mulryan announced that this is a technical public hearing, to receive appropriate
comments on the Geotechnical Report.
Jeff Mulanax, representing the Montecito Neighborhood Association, stated he still has
the same concerns as before, regarding traffic, etc. He also said he understands there
SRCC MINUTES (Regular) 5/7/90 Page 5
SRCC MINUTES (Regular) F '/90 Page 6
is no formal agreement on the lot line adjustment. Mayor Mulryan responded that the develop-
ment will not go through unless that easement is in place. Mr. Ragghianti agreed.
Bob Grimes inquired about the lot split off the driveway, and Mr. Pendoley responded that
both lots front on the driveway.
Mr. Grimes then inquired why was there only a Geotechnical Review instead of a geotechnical
investigation, since it appears that Harding/Lawson just paraphrased the previous report.
Mr. Bernardi responded that in the General Plan it is specified that the Geotechnical
Review Board is to review the report as prepared by the developer's geotechnical engineers
to see if it complies with the San Rafael General Plan. He stated that Mr. John C. Hom's
information did comply with the requirements of the General Plan.
Attorney Perry Litchfield, representing Mr. Massa, stated that the Geotechnical Report
is clearly unequivocal, and justifies Mr. Hom's report.
Mr. Grimes then inquired, in the event there was a decision to approve the lot split,
did it include widening the driveway to the top of the hill, and Mr. Pendoley responded
it would be widened to the two homes, not all the way to the top.
There being no further public comment, Mayor Mulryan closed the public hearing.
Councilmember Breiner referred to page 5 of Mr. Horn's report regarding the method of taking
care of ground water if it is encountered, and Mr. Hom pointed out that on page 7 of his
report, under Soil Engineering Drainage, there is a detailed plan. He added that as part
of the requirements of the project his office will be on site, and that in the event there
is ground water it will be pumped out before they do the piers.
Councilmember Thayer inquired if a certified engineer would be on site, and Mr. Bernardi
responded that is a requirement.
Councilmember Boro and Councilmember Thayer seconded, to approve the independent Geotech-
nical Report of Harding Lawson Associates dated April 3, 1990, prepared in connection
with proposed settlement of the litigation entitled Massa v. City of San Rafael, et al.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
18. PUBLIC HEARING - 101 AND 111 SMITH RANCH ROAD: (P1) - 10-5 x 10-3 x 115
a. UP89-47/ED-59 & ENVIRONMENTAL ASSESSMENT; APPEAL OF THE PLANNING COMMISSION'S
CONDITIONAL APPROVAL OF USE PERMIT, DESIGN REVIEW PERMIT AND U R11tiCATION OF
NEGATIVE DECLARATION FOR A 25,500 SQ. FT. OFFICE 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, noting that it was continued from the
previous meeting for staff to prepare answers to questions raised.
Mr. Pendoley reported that staff had been requested to provide additional information
on three aspects: Impacts on wildlife corridors; verification of setbacks of the project
and the future Deer Valley Road from the nearby City -owned pond; and alternatives to the
location of the proposed fire station.
Regarding wildlife corridors, Mr. Pendoley stated that staff continues to find that the
proposed project will not block wildlife corridors or inhibit access to the pond by wildlife
in the area. By means of a map, Mr. Pendoley illustrated that the major wildlife habitat
areas are located to the North and East of the pond, noting that they are more heavily
wooded and less disturbed by the historic quarrying than other areas. Mr. Pendoley analyzed
the matter further, and concluded by stating that staff does not find that there is suffi-
cient evidence to support an argument that the proposed project could substantially inter-
fere with the movement of animals to the pond.
With respect to the Project/Roadway setbacks, Mr. Pendoley stated that it should first
be noted that the construction of Deer Valley Road is not a part of the Parcel Three Project,
and that the road will be constructed and dedicated to the City if and when Parcel 8,
the Oakridge Apartments project, is developed. He stated it could be necessary to construct
a half -street section as a driveway to provide access to the proposed fire station if
construction of the station precedes the construction of the Oakridge Apartments.
With regard to the location of the fire station, he noted that access to the station must
be separate from the commercial uses and that emergency vehicles should enter major streets
at recognized intersections, with new median cuts being avoided. He stated that the proposed
siting of the station meets these criteria.
SRCC MINUTES (Regular) 5/7/90 Page 6
SRCC MINUTES (Regular) F`/90 Page 7
Mr. Pendoley then reported on a meeting with Audubon Society representatives to identify
other issues, one of the primary concerns being the "V" ditch proposed as a method of
maintaining/increasing the flow of open space runoff from the site to the pond. He stated
that their analysis concludes that the ditch would have sufficient capacity to accommodate
anticipated flows.
With regard to Councilmember Breiner's concern regarding parking capacity, Mr. Pendoley
stated that if a more intense use is requested for the office building, such as medical
offices, it would be subject to a use permit. Also, a red curb on Deer Valley Road is
provided in the EIR.
Councilmember Thayer stated that this is a very good report. She inquired about a potential
for a medical facility, and Mr. Pendoley responded that was proposed as part of the Oakridge
Apartments plan, but it would be on the far side, to the East. Ms. Thayer noted that the
Oakridge project will have to be looked at extremely carefully.
Jean Starkweather, representing the Marin Conservation League, read a letter expressing
concern for the impact on the pond, which they realize would be impacted far more by the
Oakridge project than by this one. They ended with four recommendations: 1) Reconsider
this property as a site for a fire station; 2) Increase the setback of the road to 100
feet if possible; 3) Grade the road to its full width so that improvements can be made
along the pond side; and 4) Accept the offer of Smith Ranch Partners to landscape between
the road and pond with native plants which will buffer and add to the riparian habitat
of the pond, as well as to add fencing to eliminate dumping. The letter concluded with
an offer from the MCL to help.
Robert Marx, appellant, stated he still feels that an EIR should be done on the project.
He noted that the trash which was dumped still has not been taken away, and that the pond
should be cleaned and fenced off.
Michael Smith, one of the owners, informed the Council that he had met with Mrs. Starkweather,
and with Messrs. Guthrie and Forsher, and that they share the concern for the pond. He
stated that as a result of their meeting he is offering a few additions to the staff's
conditions. He then read them into the record. To condition (h) he is proposing addition
of: "...and planting and irrigation for the area between the fire station driveway and
the pond noted on Exhibit 'A' 'Pond Buffer Area Landscape Concept'. The property owner
shall be required to bond for the pond buffer area landscape and install landscaping upon
request of the City." Mr. Smith proposed adding a sentence to condition (n): "The alignment
of the driveway shall be designed at all points to maximize the distance between the pond
and driveway and minimize the amount of fill."
Mr. Smith then proposed a Maintenance Condition: "The owners will participate with the
City of San Rafael and all property owners within the Pond watershed to fund preparation
and implementation of a plan to maintain the City Pond. That participation shall be spread
among all the property owners on the basis of each owner's property as a percent of the
total watershed."
The last condition Mr. Smith proposed was a Fencing Condition: "The developer will parti-
cipate with the City and owner of the land between Parcel 3 and the Pond to develop an
obstruction at the southwest corner of the Pond preventing vehicle access from Smith Ranch
Road to the Pond margin. Plans for the obstruction shall be reviewed and approved by the
Planning Department prior to the issuance of a building permit."
Mayor Mulryan inquired if that would include the road being improved to the full width,
and Mr. Smith responded that could turn out to be unnecessary, depending on whether the
adjacent project is approved or made smaller, but that in any event that would probably
not happen for five to ten years.
Barbara Salzman of the Audubon Society stated that the main problem is the fire house.
She stated there would be many environmental impacts such as noise, people use and the
like, and this will make it easier for the Oakridge project. She asked that other locations
be considered for the fire house. She stated she would like to see the road moved to the
West, and it could be if the fire station was not there. She also stated she would like
to see the vegetation around the pond, and that the debris should be removed. She stated
that if a fire station was put there an EIR would be required for that site.
Mayor Mulryan inquired of staff what would be involved if alternate locations for the
fire station were explored. Mr. Pendoley responded that an important consideration would
be the Priority Projects Procedure (PPP) status of this project which was due to the fire
station. He stated that if the fire station is taken away the project may not qualify
for PPP.
Fire Chief Marcucci informed the Council that he wants the fire station in that location
because they can provide a higher level of service to Contempo Marin, Captain's Cove,
and the Northgate Industrial Park. He added that sites are very expensive, and that while
the environment is important so also is the higher level of service to the citizens of
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San Rafael. Chief Marcucci stated that he can reduce response time to an area of the City
where there is an increased number of emergencies. He noted that since the Civic Center
Fire Station was built, the Joseph Court location is only a little over a mile away. He
stated they have had an increase in calls from Mont Marin, Twelveoak Hill and McInnis
Park areas. He added that it is important, from a fire station point of view, to have
a developer give the City a site at no cost to the City and enable the Fire Department
to provide better service to the City.
Carol Dillon informed the Council that she has experienced traffic backup at Smith Ranch
Road and Highway 101, and questioned the location of the proposed fire station.
Chief Marcucci stated that it has been difficult for the engines to get out of Joseph
Court, because drivers are not aware of where the siren is coming from.
Ken Smith of the Sierra Club suggested that the fire station be moved to the corner of
Smith Ranch Road and Cresta Drive, and increase the size of the office building. He expressed
the opinion that the retail building is not needed. He added he feels that a focused EIR
is necessary, and is actually required.
John Shellenbery r of MCL and a member of the North San Rafael Coalition Board, stated
that the Smiths have bent over backwards to preserve the pond, and the real issue is the
configuration of the road. He recommended leaving the configuration of the fire station
as an open issue and let MCL meet with the Fire Chief and Planning Director.
Elissa Giambastiani of the San Rafael Chamber of Commerce stated it is obvious that Chief
Marcucci's concerns about the location of the fire station are legitimate, and she feels
it is possible to get out of line with people versus the environment. She stated it is
important for the residents of Contempo Marin to have the Paramedics close by, and it
is very fortunate to have a developer willing to give the City the land and then go to
a great deal of work and expense to work it out. She stated that the plan should go ahead
as submitted.
Architect Matt Guthrie stated he has had discussions with Chief Marcucci, and he thinks
they can relocate the fire station by as much as 24 feet.
Attorney James Lorenzato of Larkspur addressed the Council on the cumulative effects under
the California Environmental Quality Act (CEQA) and presented a letter detailing his views.
He stated that an EIR is necessary, and the Council should not assume that another project
will not be built. He stated that a management plan for the pond in the future would not
justify a Negative Declaration, and all easements should be approved before a Negative
Declaration is approved.
Jenna La Fleur of Larkspur stated that the fire house should be eliminated.
There being no further public input, the hearing was closed.
Councilmember Boro noted that the cumulative effect is only a positive one, giving the
pond more water than before.
City Attorney Ragghianti referred to the last paragraph on page 5 of the staff report,
which identifies that only one impact would affect the pond, and that would be an increase
in the flow of open space water runoff, which will result in improvement of water quality.
He stated that asserting that this is a cumulative impact does not make a negative impact.
He stated that staff has given the council all the best information available, and a deci-
sion must be made by the Council, which will depend on the record.
Mr. Pendoley stated that from a technical rather than a legal aspect, staff feels very
comfortable. He noted that the amount of noise coming out of the fire staton would be
minimal, noting that there would be minor traffic for shift changes. He stated staff feels
that the amount of movement and noise is so small that it is almost immeasurable, and
noted that the fire station is farther away from the pond than Smith Ranch Road and suffi-
ciently higher that the impact from the noise and movement would be negligible.
Councilmember Boro stated he has a concern about the sirens, but the project has much
merit and the fire station is needed.
Councilmember Breiner stated she is concerned about the noise, and hopes that in the discus-
sions about reconfiguring the fire station consideration would be given to moving it closer
to the office building. She noted that the Civic Center fire station is quite close to
the post office and it does not seem to be a problem. Councilmember Breiner then inquired
about when the siren is activated.
Chief Marcucci responded that the siren is not activated until the engine comes to the
intersection of Smith Ranch Road. They are required to blow the siren and flash red lights
at intersections.
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SRCC MINUTES (Regular) '/90 Page 9
Councilmember Thayer stated she agrees with Councilmember Boro, that this is a sensitive
area environmentally, however, the developer has bent over backwards to answer the competing
interests. She agreed that the fire station should be relocated; she stated she has serious
concerns about Oakridge, and this is where there could be a serious cumulative impact.
She added that this developer has given us something we really need and cannot afford,
that this is a good project and she would like to see the fire station repositioned if
it can be done.
Mayor Mulryan agreed, and asked for a motion.
Councilmember Boro moved and Councilmember Breiner seconded, to accept the staff report,
deny the appeal, and that the four conditions of approval introduced into the record be
added; and that there be a good faith effort on the part of the applicant as well as the
staff to place the fire station at a point where it will have the least impact on the
pond; the issue of sedimentation and the parking issue as well, as discussed earlier,
be included as part of this motion.
Mr. Ragghianti informed the Council that he had asked the developer if the revised condi-
tions of approval were offered in mitigation, and the developer said they were not, they
were offered in response to community concerns. Mr. Ragghianti felt that this was important
for the record.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
b. GPA90-1 - GENERAL PLAN AMENDMENT TO POLICY LU -17 (TRANSFER OF FLOOR AREA RATIO)
Planning Director Pendoley briefed the Council on this part of the public hearing, stating
that this amendment, recommended by the Planning Commission, involves General Plan policy
LU -17, which currently permits Floor Area Ratio (FAR) transfers only where to do so is
necessary to avoid severe environmental impacts. He stated that, as amended, the policy
would permit transfer of development potential from a 1.0 Public/Quasi-Public site to
another site for private development. He stated it would not, however, permit any net
increase in the amount of development otherwise permitted by the General Plan. He noted
that, in this case, the amendment would permit development of the proposed 30,579 square
foot project and a 4,500 square foot City fire station on the subject 2.87 acre parcel,
where the General Plan's .2 FAR limit for the site would otherwise permit only 25,003
square feet of building area. Mr. Pendoley noted that in order for an FAR transfer to
occur the applicant must demonstrate that the parcel from which and to which the FAR is
transferred meet three criteria: A) The development of the beneficiary parcel is consistent
with the General Plan 2000, except that FAR's may be exceeded. It must also be demonstrated
that all applicable zoning and design parameters and criteria are complied with; B) Traffic
impacts from the subject properties impact the same interchange(s); and C) The total number
of trips generated from the proposal will not exceed the total General Plan trip allocations
for the subject parcel(s).
Mr. Pendoley indicated if Council decides to adopt the Resolution, that a further "Be
it resolved" be added which was left out as a typographical error..."5,305 square feet
of FAR designated for public/quasi/public buildings on the Smith Ranch Parcel 3 is trans-
ferred to that portion of the property designated retail office," noting this is within
the scope of the Planning Commission's action.
Mayor Mulryan reopened the public hearing for a question from Jenna LaFleur of Larkspur.
Ms. LaFleur inquired about FAR's being transferred within open space, and Mr. Pendoley
responded that this area is not open space.
The public hearing was closed.
Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution
certifying a Negative Declaration, and approving amendment of Policy LU -17 of the General
Plan for the office building.
RESOLUTION NO. 8169 - CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENT OF POLICY LU -17
OF THE SAN RAFAEL GENERAL PLAN 2000 ("TRANSFER OF FLOOR ARE RATIO"),
ADOPTING SAID AMENDMENT, AND TRANSFERRING 5305 SQUARE FEET OF PUBLIC/
QUASI -PUBLIC FLOOR AREA TO THAT AREA OF SMITH RANCH PARCEL THREE
DESIGNATED FOR OFFICE/RETAIL DEVELOPMENT (Re: GPA 90-1 - 101 & 111
SMITH RANCH ROAD) (As amended)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
SRCC MINUTES (Regular) 5/7/90 Page 9
SRCC MINUTES (Regular) F '/90 Page 10
c. Z89-9 - ZONE CHANGE FOR A MIXED DEVELOPMENT CONSISTING OF A 25,500 SQ. FT. OFFICE BUILD-
ING AND A 5,000 SQ. FT. NEIGHBORHOOD RETAIL BUILDING
Mayor Mulryan opened the public hearing. There being no public comment, the hearing was
closed.
Mr. Pendoley informed the Council that on February 27, 1990, the Planning Commission had
voted to recomRend to the City Council that they approve the zone change application for
this project.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
certifying a Negative Declaration for amendment of the Zoning Map.
RESOLUTION NO. 8170 - CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENT OF THE ZONING MAP
OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020
OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY IN THE NORTHGATE ACTIVITY CENTER (Assessor's
Parcel Number 155-251-04) (Re: Z 89-9 - 101 & 111 Smith Ranch Road)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE NORTHGATE ACTIVITY CENTER"
(Re: 101 & 111 SMITH RANCH ROAD)
Councilmember Breiner moved and Mayor Mulryan seconded, to dispense with the reading of
the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance
No. 1591 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
(Mayor Mulryan left the meeting. Vice -Mayor Breiner presided).
19. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1587 - AN 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 (PW) - File 13-11 x 1-6-1 x
9-3-40
Public Works Director Bernardi stated that this is the second reading of the Ordinance,
and that Item 20, the next agenda item, sets the standards. He noted that if the Ordinance
is adopted this evening it will become effective in 30 days.
Fred Divine, owner of several historic buildings, stated he has two concerns, one being
the analysis of the design, and also the cost estimate. He stated it should be clear that
this is an analysis and not technical design. Mr. Bernardi agreed, stating that just the
analysis will be done at this point.
Councilmember Boro stated he is concerned about what expectations are being set up. He
stated that after the analysis staff will confirm what they have done, and the standards
should be worked on now.
Mr. Bernardi responded that one of the initial concerns when this first came before the
Council was that it was a little premature to require preliminary repairs, and that is
the reason that staff is adopting a two-phase approach. Councilmember Boro responded that
the standards ought to be there before we see what the problems are, and they should be
the same for all.
(Mayor Mulryan returned to the meeting).
Councilmember Boro inquired, will everything be complete by February of 1991, and then
go into the next stage, and Mr. Bernardi replied it would. He stated staff will be working
with the structural engineers and will be looking at it before February. He stated it
will be an evolving process.
Councilmember Breiner stated it is important to start early so the owners will know what
the standards are. Mr. Boro responded that the standards should be dependent on what the
damage is.
SRCC MINUTES (Regular) 5/7/90 Page 10
SRCC MINUTES (Regular) 7/90 Page 11
Councilmember Breiner inquired if it is possible to have a matrix so you can determine
what is there, and City Manager Nicolai responded that her concern all along was to have
the standards set, but there are certain standards for historical preservation. She stated
there will be some judgment calls at the end of the study, as to what we want to adopt
as a standard.
Councilmember Thayer stated that is why we are starting with an analysis before the standards
are set, but if we set standards now they could put some people out of business. She stated
she does not think the standards can be rushed.
Councilmember Boro stated that if we are going to have a set of standards approved by
the State for people to check against, in the second phase we could decide what buildings
should be done first.
Mr. Bernardi informed the Council that they will be asked to make decisions based on certain
kinds of structural systems. He stated that staff will make recommendations and, based
on them, the Council can decide on how long a time will be given, and which should be
done next.
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 Breiner moved and Councilmember Boro seconded, to dispense with the reading,
to refer to it by title only, and adopt Charter Ordinance No. 1587 by the following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
20. ADOPTION OF RESOLUTION INCORPORATING DESIGN STANDARDS FOR UNREINFORCED MASONRY BUILDINGS
(PW) - File 13-11 x 1-6-1 x 9-3-40
Councilmember Thayer noted that by adopting this Resolution the Council is merely establish-
ing the standards or requirements for evaluation of these buildings, and the word "design"
seems to connote standards for the work itself.
Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution
as discussed.
RESOLUTION NO. 8171 - ESTABLISHING ANALYSIS AND DESIGN REQUIREMENTS FOR USE WITH THE CITY'S
UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
21. EAST SAN RAFAEL NEIGHBORHOOD PLAN (P1) - File 218
Principal Planner Freitas briefed the Council on the additional information they requested
at the hearing on February 5, 1990. The first item was costs of the proposed new Neighbor-
hood Plan programs, and the second was an evaluation of a possible overcrowding ordinance
prior to adopting the Plan. Ms. Freitas also noted that an East San Rafael Social Services
Committee will be formed, and will follow up on plan implementing actions, and identify
other City/Agency/private strategies and funding operations to address area social service
needs. Ms. Freitas called attention to the tables attached to the staff report, giving
information on the new programs, and also an evaluation of the overcrowding ordinance.
Councilmember Boro stated he is serving on the committee along with Councilmember Shippey,
and he feels it is appropriate for the committee to review and evaluate the overcrowding
ordinance rather than discussing it at this meeting.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
adopting the East San Rafael Neighborhood Plan General Plan Amendment.
RESOLUTION NO. 8172 - ADOPTING THE EAST SAN RAFAEL NEIGHBORHOOD PLAN GENERAL PLAN AMENDMENT
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
22. REPORT ON TRANSPORTATION IMPROVEMENT GROWTH MANAGEMENT PLAN (P1) - File 170
Planning Director Pendoley briefed the Council on the status of this Plan, noting that
SRCC MINUTES (Regular0 5/7/90 Page 11
SRCC MINUTES (R filar) 5/7/90 Page 12
at the April 25th MTA (Marin Transportation Authority) meeting, Novato proposed an alter-
native voting schedule which would require seven votes from the twelve member agencies,
representing the majority of the population, to deny the local share of sales tax, or
to find a General Plan or major project inconsistent with the Countywide Planning Standards.
He noted it is getting closer to what we have wanted. Mr. Pendoley also noted that Council -
member Breiner's wording regarding Standard H-2 on Housing is being sent to the Countywide
Plan Advisory Committee.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Novato recommen-
dation and have the Planning Director express the Council's decision is writing.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
Councilmember Boro noted that Councilmember Breiner will not be at the next meeting of
the Authority, but he will be present.
ADD ITEMS
Councilmember Breiner moved and Councilmember Boro seconded, that the need to take action
on the following item arose subsequent to the agenda being posted.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
1. RE�UEST FOR LEGAL ANALYSIS OF INITIATIVE REGARDING SILVEIRA/ST. VINCENT'S PROPERTY - File
9- x 9-3-16 x 10-2
Councilmember Breiner moved and Councilmember Boro seconded, to request that the City
Attorney provide a legal analysis of the initiative filed on the Silveira/St. Vincent's
Property, covering the legal effects, inaccuracies and inconsistencies, so the Council
may evaluate it. Planning Department staff to participate in the analysis.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
Councilmember Breiner moved and Councilmember Boro seconded, that the need to take action
on the following item arose subsequent to the agenda being posted.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
2. LIVE -INS ON BOATS IN SAN RAFAEL CANAL - File 144 x 12-10
Mayor Mulryan reported that a number of letters have been received regarding the live -ins
on boats rejected from Richardson Bay due to new regulations in that area, and the possibi-
lity of their coming to the San Rafael Canal. He stated that San Rafael does not have
an Ordinance regulating live -ins on boats, and asked staff to prepare a staff report on
alternatives for the Council to choose from, regarding the protection of the Canal so
that free and unfettered live -ins will not be allowed.
3. LAS GALLINAS VALLEY SANITARY DISTRICT RE SAN RAFAEL'S LONG RANGE PLAN - File 189 x 115
Councilmember Boro directed staff to evaluate and bring back to the Council the Las Gallinas
Valley Sanitary District's letter regarding a Notice of Public Hearing on San Rafael's
Long Range Plan generating a 56% increase of residential units.
4. COUNTY OF MARIN PUBLIC WORKS DEPARTMENT - SUPPORTING PROPOSITION 111 - File 171
Councilmember Boro directed staff to pursue the County's memo regarding State Transportation
Improvement Projects not funded, which would be funded if this is passed. He noted it
shows $1,600,000 for the Merrydale Overcrossing.
Public Works Director Bernardi noted it is his understanding that the Merrydale Overcrossing
is fully funded.
SRCC MINUTES (Regular) 5/7/90 Page 12
SRCC MINUTES (Regular) 1 190 Page 13
5. LIBRARY MEETING - File 9-3-61
Councilmember Thayer announced that a library meeting will take place on May 10th, North
of the Hill. She asked that City staff be present.
There being no further business, the meeting was adjourned at 10:50 PM.
JEANNE 6fkEONCINI, City Clerk
APPROVED THIS DAY OF 1990
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 5/7/90 Page 13