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HomeMy WebLinkAboutCC Minutes 2003-08-04SRCC Minutes (Regular) 08/04/2003 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 4, 2003 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Gary O. Phillips, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller Councilmember Cyr N. Miller, Councilmember Absent: None a) Conference with Legal Counsel — Existing Litigation - Government Code Section 54956.9(a) City of San Rafael v. Margaret L. Zitek, Trustee, et al. Marin County Superior Court Case No. CV010768 (Now pending in the First District Court of Appeal) b) Case name: Terry Butler v. City of San Rafael WCAB No.: SFO 0447004 c) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager Assistant City Attorney Gus Guinan announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM a) Greenhouse Gas Emissions: - File 13-1 x 9-1 Marin County Board of Supervisors Member Susan Adams requested that Council consider passing a resolution to commit San Rafael to reducing Greenhouse gasses and other particulate emissions and consider joining the International Council for Local Environmental Initiatives (ICLEI). She indicated she had given Mr. Gould a packet of information for review. Ms. Adams reported that currently, all of the cities in Sonoma County, including Sonoma County itself, were members of ICLEI and were completing their assessments and creating their plans to reduce harmful emissions. Ms. Adams explained that ICLEI was an international organization that includes a number of different cities and counties around the world and their goal was to start at the local level, as Federal and some State policies were not working as proactively on this issue. Reporting that Marin County had been using the resources from the ICLEI offices in Berkeley, Ms. Adams stated support staff had assisted them in creating their milestones assessments. She indicated these projects included putting solar panels on maintenance buildings, switching some maintenance vehicles to bio -diesel and creating opportunities when the motor pool goes out of service to replace them with hybrid vehicles, which not only save taxpayer dollars, but help to reduce emissions. Ms. Adams expressed appreciation for Council's consideration of the issue, indicating that should there be questions or Council wished to utilize Marin County staff resources to assist in moving forward with this process, she would be happy to help. Mayor Boro stated that City Manager Gould would evaluate the information received and report back to the City Council, who would be in communication with Ms. Adams. b) House Joint Resolution Nos. 20 and 114: - File 9-1 Kris Recend requested Council's support in urging local representatives to amend House Joint Resolution #20, which pertains to the war in Iraq. She explained the resolution sits inert in the Foreign Relations Committee because it does not contain the necessary WHEREASES to permit introduction. Ms. Recend stated House Joint Resolution #20 was in response to House Joint Resolution #114 which gave the President the ability to go in with the first strike. SRCC Minutes (Regular) 08/04/2003 Page 1 SRCC Minutes (Regular) 08/04/2003 Page 2 Christopher Maes, Santa Rosa, also requested Council's consideration of House Joint Resolution #20 and indicated his concern regarding House Joint Resolution # 114 — the President's first strike policy against any foreign country for any reason. Mr. Maes read the following: "The 600 -plus death toll from House Joint Resolution #114's first strike policy in Iraq and its $79 billion price tag are rising daily. To stop this raw abuse of power that is causing the world to re -arm against our President, the following resolution is offered for the consideration of Representative Lynn Woolsley, Senators Barbara Boxer and Diane Feinstein and colleagues. Senator Feinstein voted for House Joint Resolution #114, as did 70% of the 107th Congress. All broke their promises to their constituents and 30% of them basically just stood mute." Tim Hall, Santa Rosa, concurred with the previous speakers. He stated that House Joint Resolution #114 gave the President the immoral first strike capacity to go into any country he believed was a threat to the United States. Whether or not the American public thought it a threat, Mr. Hall believed was inconsequential. Mr. Hall suggested language be added to make House Joint Resolution #20 effective: WHEREAS, we, the people, authorize Congress to declare war for our common defense; WHEREAS, the free and the brave should not strike first for any reason; WHEREAS, Congress passed House Joint Resolution #114 that authorized the use of force, striking first abroad, which is in conflict of the basic law of the land; WHEREAS, all members are sworn to support and defend the Constitution and 70% failed to do so by approving House Joint Resolution #114; WHEREAS, it appears that the 1071h Congress violated basic law by authorizing the military forces to strike first in Iraq for the purpose of destroying alleged weapons of mass destruction. WHEREAS, the 1081h Congress seeks to uphold the Constitution and end the strike first policy. This would be resolved by the Senate and House of Representatives of the United States of America and Congress assembled. It would also repeal Public Law 107-243, which is House Joint Resolution #114 in its Public Law forum, consequently making it inert, and the President would no longer have the authority to strike. John Jenkel requested Council's support in the movement to rescind House Joint Resolution #114. Mayor Boro expressed appreciation for the comments regarding the potential legislation and invited City Manager Gould to explain Council's policy on such issues. City Manager Rod Gould reported that it had been a long-standing policy, going back over a decade, that the City Council of the City of San Rafael only takes positions on legislation at the Federal and State levels if it has a direct and immediate effect on the provision of municipal services to the residents and businesses of San Rafael. He stated it had been Council's strongly -held conviction that they were elected to be the stewards of the quality of life and public safety of the City of San Rafael, and the residents of California elect representatives at the Federal and State levels to make foreign policy, national security policy and state policy. Therefore, unless and until House Regulatory Resolutions #20 or #114 had a direct effect on the provision of municipal services, he recommended Council not take a position, unless they wished to change their long -held policy. Mayor Boro stated that unless someone indicated otherwise, this was the position of the City Council, and he thanked all those who attended this evening on this item. Mayor Boro announced that Consent Calendar items 8 and 10 would be removed for discussion. For the benefit of those in attendance for the presentation by members of the San Rafael General Plan Steering Committee, Mayor Boro pointed out that this evening's purpose was for Council to receive the draft report. The General Plan would not be discussed at this time, rather it would go through the normal planning process, beginning with the Planning Commission later this year. Councilmember Phillips moved and Councilmember Milller seconded, to approve the Consent Calendar as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting Minutes approved as submitted. and Regular Meeting of July 7, 2003 (CC) SRCC Minutes (Regular) 08/04/2003 Page 2 3. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 4. Designation of Voting Delegate and Voting Alternate for League of California Cities Annual Conference Business Meeting on Wednesday, September 10, 2003 (CC) — File 9-11-1 5. Resolution Supporting the Establishment of the Marin County Tourism Business Improvement District (MCTBID) (CM) — File 265 6. Resolution Awarding Contract re Community Development Department Phase II Remodel, Project No. CDD 2003-01 to JMA Construction, in Amount of $146,000 (Bid Opening held Tuesday, July 29, 2003) (CD) — File 4-1-561 x 9-3-85 7. Resolution Authorizing the Community Development Director, pursuant to SRMC Section 2.55.190 and 2.55.200 to Contract for the Purchase of New Community Development Department and Finance Division Furniture by Use of Competitive Negotiation (CD) — File 9-3-85 9. Resolutions of Appreciation to Members of the San Rafael General Plan 2020 Steering Committee (CD) — File 102 x 115 (2020) SRCC Minutes (Regular) 08/04/2003 Page 3 ADDroved staff recommendation: SB 402 (Burton) Employer — Employee Relations. Law Enforcement Officers and Firefighters - OPPOSE ADDroved staff recommendation: Councilmember Heller designated as Voting Delegate, and Assistant to the City Manager Lydia Romero designated as Voting Alternate, for the League of California Cities Annual Conference Business Meeting on September 10, 2003, at the Sacramento Convention Center. RESOLUTION NO. 11361 — RESOLUTION IN SUPPORT OF THE ESTABLISHMENT OF THE MARIN COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (MCTBID) AND THE LEVY OF AN ASSESSMENT ON LODGING ESTABLISHMENTS WITHIN THE MCTBID RESOLUTION NO. 11362 — RESOLUTION OF AWARD OF CONTRACT FOR CITY OF SAN RAFAEL COMMUNITY DEVELOPMENT DEPARTMENT PHASE II REMODEL TO JMA CONSTRUCTION IN THE AMOUNT OF $146,000.00 (Lowest Responsible Bidder) RESOLUTION NO. 11363 — RESOLUTION AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR, PURSUANT TO SRMC SECTIONS 2.55.190 AND 2.55.200 TO CONTRACT FOR THE PURCHASE OF NEW COMMUNITY DEVELOPMENT DEPARTMENT AND FINANCE DIVISION FURNITURE, FIXTURES AND EQUIPMENT BY USE OF COMPETITIVE NEGOTIATION RESOLUTION NO. 11364 — RESOLUTION OF APPRECIATION TO ANN BATMAN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11365 — RESOLUTION OF APPRECIATION TO CHRISE DETOURNAY BIRKHAHN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11366 — RESOLUTION OF APPRECIATION TO LEE BUCKNER, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11367 — RESOLUTION OF APPRECIATION TO PAUL COHEN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER SRCC Minutes (Regular) 08/04/2003 Page 3 SRCC Minutes (Regular) 08/04/2003 Page 4 RESOLUTION NO. 11368 — RESOLUTION OF APPRECIATION TO KATE COLIN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11369 — RESOLUTION OF APPRECIATION TO DICK KATERNDAHL, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11370 — RESOLUTION OF APPRECIATION TO MARK LUBAMERSKY, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11371 — RESOLUTION OF APPRECIATION TO KAREN MOORE, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11372 — RESOLUTION OF APPRECIATION TO KAY NOGUCHI, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11373 — RESOLUTION OF APPRECIATION TO STEVE PATTERSON, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11374— RESOLUTION 1374RESOLUTION OF APPRECIATION TO LARRY PAUL, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11375 — RESOLUTION OF APPRECIATION TO SUE SCOTT, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11376 — RESOLUTION OF APPRECIATION TO PAUL SLOAN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11377 — RESOLUTION OF APPRECIATION TO ROGER SMITH, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11378 — RESOLUTION OF APPRECIATION TO JEAN STARKWEATHER, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER SRCC Minutes (Regular) 08/04/2003 Page 4 11. Resolution of Appreciation to C. Paul Bettini, Former Park and Recreation Commissioner (CS) — File 102 x 9-2-4 SRCC Minutes (Regular) 08/04/2003 Page 5 RESOLUTION NO. 11379 — RESOLUTION OF APPRECIATION TO PHYLLIS THELEN, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11380 — RESOLUTION OF APPRECIATION TO DICK WATTS, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11381 — RESOLUTION OF APPRECIATION TO JOANNE WEBSTER, SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE MEMBER RESOLUTION NO. 11382— RESOLUTION OF APPRECIATION TO C. PAUL BETTINI, FORMER PARK AND RECREATION COMMISSIONER 12. Resolution Authorizing State Preschool Contract RESOLUTION NO. 11383 - for Fiscal Year 2003-2004 (CS) — File 4-10-238 x RESOLUTION AUTHORIZING 9-3-65 ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $151,693.00 13. Resolution Authorizing Extended Day Care RESOLUTION NO. 11384— (Latchkey) Contract for Fiscal Year 2003-2004 RESOLUTION AUTHORIZING (CS) — File 4-10-238 x 9-3-65 ENTERING INTO A CONTRACT WITH THE DEPARTMENT OF EDUCATION FOR EXTENDED DAY CARE (LATCHKEY) SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $101,038.00 14. Resolution Authorizing the Execution of a Renewal Agreement Between the City of San Rafael and Maximus, Inc. for Processing Claims for Mandated Cost Reimbursement for Fiscal Year 2003-04 (MS) — File 4-10-270 15. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1806 - An Ordinance Of The City Of San Rafael Setting The Paramedic Tax Rate, Commencing With Fiscal Year 2003-2004, at The Rates Allowed in Ordinance No. 1793 For Residential and Non -Residential Properties in The City Of San Rafael; and Further Confirming the Paramedic Tax Rates, Commencing with Fiscal Year 2003-2004 for Residential and Non - Residential Properties in the City of San Rafael, The Marinwood Community Services District, County Service Area No. 13, and County Service Area No. 19. ($54.00 For Residential and $.0675 Per Square Foot for Non -Residential Property) (MS) — File 9-12-1 x 9-3-31 RESOLUTION NO. 11385 — RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MAXIMUS, INC. FOR PROCESSING CLAIMS FOR MANDATED COST REIMBURSEMENT (JULY 1, 2003 THROUGH JUNE 30, 2004) Approved final adoption of Ordinance No. 1806. SRCC Minutes (Regular) 08/04/2003 Page 5 SRCC Minutes (Regular) 08/04/2003 Page 6 16. Monthly Investment Report for Month Ending Accepted Monthly Investment Report June, 2003 (MS) — File 8-18 x 8-9 for month ending June, 2003, as presented. 17. Resolution Implementing the Provisions RESOLUTION NO. 11386 — Contained in Section 414(H)(2) of the Internal RESOLUTION IMPLEMENTING THE Revenue Code Concerning the Tax Treatment of PROVISIONS CONTAINED IN Employee Contributions Paid by the Employer on SECTION 414(H)(2) OF THE Behalf of Affected Employees for the Purposes of INTERNAL REVENUE CODE Purchasing Allowable Service Credit (MS) CONCERNING THE TAX TREATMENT — File 7-4 OF EMPLOYEE CONTRIBUTIONS 9-3-40 PAID BY THE EMPLOYER ON BEHALF OF AFFECTED EMPLOYEES 23. Resolution Accepting a Grant from the Marin FOR THE PURPOSE OF Community Foundation for the Safe Routes to PURCHASING ALLOWABLE Schools Program and Authorizing the Director of SERVICE CREDIT 18. Resolution Awarding Contract for Purchase of RESOLUTION NO. 11387 — One (1) New 2003, 33,000 GVWR Water Tanker RESOLUTION AWARDING Truck — Project No. 001-44-46001-9712 to T&B PURCHASE ORDER FOR A 33,000 Sales, Inc. in Amount of $70,677.75 (Bid GVWR WATER TANKER TRUCK TO Opening held Monday, July 14, 2003) (PW) T & B SALES, INC. IN THE AMOUNT — File 4-2-323 x 9-3-40 OF $70,677.75 19. Resolution Authorizing the Purchase of a John RESOLUTION NO. 11388 — Deere 1445 Commercial Mower to be Purchased RESOLUTION AWARDING Through the California Municipal Award PURCHASE ORDER FOR A JOHN Schedule Contracts (State Bid) (PW) DEERE MODEL 1445 MOWER TO — File 4-2-324 x 9-3-40 JOHN DEERE COMPANY IN THE AMOUNT OF $16,780.14 20. Resolution Authorizing the Purchase of a RESOLUTION NO. 11389 — Caterpillar 924G Front End Wheel Loader to be RESOLUTION AWARDING Purchased Through the California Municipal PURCHASE ORDER FOR ONE Award Schedule Contracts (State Bid) (PW) CATERPILLAR 924G WHEEL — File 4-2-325 x 9-3-40 LOADER TO PETERSON TRACTOR CO. IN THE AMOUNT OF $104,742.48 21. Resolution Authorizing the Purchase of Three (3) RESOLUTION NO. 11390 — 2003 Ford Police Cars to be Purchased Through RESOLUTION AWARDING the California Municipal Award Schedule PURCHASE ORDER FOR THREE Contracts (State Bid) (PW) — File 4-2-326 FORD POLICE CARS TO x 9-3-30 DOWNTOWN FORD SALES IN THE AMOUNT OF $80,299.15 22. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11391 — Contract for Fourth Street Miracle Mile RESOLUTION AWARDING THE Rehabilitation, City Project No. 10752-02, CONTRACT FOR FOURTH STREET Federal Aid Project No. STPL 5043-(018) to MIRACLE MILE REHABILITATION, Ghilotti Bros., Inc. for the Alternate Bid in the CITY PROJECT NO. 10752-02, Amount of $506,805.40 (Bid Opening held FEDERAL PROJECT NO. STPL 5043 - Thursday, July 24, 2003) (PW) — File 4-1-562 x (018), TO GHILOTTI BROS., INC. FOR 9-3-40 THE ALTERNATE BID IN THE AMOUNT OF $506,805.40 23. Resolution Accepting a Grant from the Marin RESOLUTION NO. 11392 — Community Foundation for the Safe Routes to RESOLUTION ACCEPTING A GRANT Schools Program and Authorizing the Director of FROM THE MARIN COMMUNITY Public Works to Execute an Agreement with FOUNDATION IN AMOUNT OF Nelson\Nygaard Consulting Associates for $75,000 FOR THE SAFE ROUTES TO Management of the Program (PW) SCHOOLS PROGRAM AND — File 4-10-326 x 226 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AMENDMENT TO AGREEMENT WITH NELSON\NYGAARD CONSULTING ASSOCIATES FOR MANAGEMENT OF THE PROGRAM (FROM JULY 1, 2003 AND TERMINATING ON DECEMBER 31, 2003) SRCC Minutes (Regular) 08/04/2003 Page 6 24. Resolution Authorizing Closure of Downtown City Streets in Connection with the San Rafael Cycling Classic on Saturday, September 13, 2003 from 7:30/8:00 a.m. to 3:00/4:00 p.m. (RA) — File 11-19 1) Fourth St. from Lootens to "A" St. (Expo Area) (7:30 a.m.-4:00 p.m.) 2) "A" St. from the Parking Entrance to Fourth St. (7:30 a.m.-3:30 p.m.) 3) Fourth Street from "A" to "E" Street (8:00 a.m. — 3:00 p.m.) 4) Fifth Avenue from Court to "E" Street (8:00 a.m. — 3:00 p.m.) 5) "A" Street from Fourth Street to Fifth Avenue (8:00 a.m. — 3:00 p.m.) 6) "B" Street from Third to Mission Avenue (8:00 a.m. — 3:00 p.m.) 7) "C" Street from Third to Mission Avenue (8:00 a.m. — 3:00 p.m.) 8) "D" Street from Third to Fifth Avenue (8:00 a.m. — 3:00 p.m.) 25. Resolution Authorizing the Purchase of State Homeland Security and Domestic Preparedness Supplies and Equipment, and Approving Waiver of Competitive Bidding for Such Purchases (FD) — File 9-3-31 x 13-1 SRCC Minutes (Regular) 08/04/2003 Page 7 RESOLUTION NO. 11393 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL CYCLING CLASSIC ON SATURDAY, SEPTEMBER 12, 2003 FROM 7:30 A.M. TO 4:00 P.M. RESOLUTION NO. 11394 — RESOLUTION AUTHORIZING THE PURCHASE OF STATE HOMELAND SECURITY AND DOMESTIC PREPAREDNESS SUPPLIES AND EQUIPMENT, AND APPROVING WAIVER OF COMPETITIVE BIDDING FOR SUCH PURCHASES AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion, at the request of Mr. Patrick Murphy, Federation of San Rafael Neighborhoods: 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1807- "AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A LEGALIZATION INCENTIVE PROGRAM WAIVING FOR A ONE YEAR PERIOD THE INVESTIGATION FEES FOR ISSUANCE OF BUILDING PERMITS TO LEGALIZE SECOND DWELLING UNITS THAT HAVE BEEN CONSTRUCTED WITHOUT BUILDING PERMITS, AND PROVIDING AS A PENALTY THAT SUCH INVESTIGATION FEES SHALL DOUBLE AFTER THE WAIVER PERIOD" (CD) — File 10-3 x 10-5 x 10-7 x 13-16 x 5-1 Patrick Murphy, Vice -Chair, Federation of San Rafael Neighborhoods, thanked Council for their flexibility in permitting him to comment on the proposed City of San Rafael Ordinance No. 1807. Mr. Murphy indicated they support the ordinance that establishes the Legalization Incentive Program that waives the investigatory fees for building permits to legalize currently illegal dwelling units. He stated this support is based upon the waiver of those fees only and the need for housing in San Rafael. Mr. Murphy explained that the members of the Federation of San Rafael Neighborhoods were very concerned about the ultimate impact these legalized units would have on their immediate neighborhoods. He emphasized the need for continued focus on issues such as parking, traffic and emergency vehicle access in areas where these illegal dwelling units are mitigated. Mr. Murphy stated that in addition and in conjunction with these concerns, the Code Enforcement Division of the Community Development Department must remain vigilant in their charge of addressing not only illegal dwelling units, but also the addition of second units and their accompanying restrictions. He noted this Division is very important to the maintenance of neighborhoods and their overall appearance. With this in mind, Mr. Murphy stated they were requesting in this time of fiscal distress and budgetary shortfall that this importance not be overlooked, that Code Enforcement not become subject to cutbacks or reductions and remain fully staffed. Mr. Murphy stated that as future budget discussions occurred, they would be involved to reiterate this need for the neighborhoods and for the City of San Rafael. SRCC Minutes (Regular) 08/04/2003 Page 7 SRCC Minutes (Regular) 08/04/2003 Page 8 Councilmember Cohen requested that Mr. Murphy convey to the members of the Federation that Council appreciated their concern. He reported that a Study Session took place this evening and consideration of a Fee Schedule would be on the agenda for the next City Council Meeting. He indicated that fees were being added to assist in the enforcement of Conditional Use Permits and similar devices, and he assumed this would apply to second -dwelling units that are legalized. He confirmed that the City Council shared his concern and did not believe anything in this evening's action went towards weakening Mr. Murphy's standards of concern. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A LEGALIZATION INCENTIVE PROGRAM WAIVING FOR A ONE YEAR PERIOD THE INVESTIGATION FEES FOR ISSUANCE OF BUILDING PERMITS TO LEGALIZE SECOND DWELLING UNITS THAT HAVE BEEN CONSTRUCTED WITHOUT BUILDING PERMITS, AND PROVIDING AS A PENALTY THAT SUCH INVESTIGATION FEES SHALL DOUBLE AFTER THE WAIVER PERIOD" Councilmember Cohen moved and Councilmember Phillips seconded, to approve final adoption of Ordinance No. 1807. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion at the request of members of the public: 10. DIRECTION TO STAFF REGARDING SCOPE OF STUDY OF SINGLE-FAMILY DESIGN REVIEW PROCESS, INCLUDING CONSIDERATION OF SECOND STORY ADDITIONS TO EICHLER AND ALLIANCE HOMES (CD) — File 10-7 x 10-2 Community Development Director Bob Brown indicated he would be happy to answer questions. Greg Knell, Vice -President, Santa Margarita Neighborhood Association, stated they wished to report to Council because of concerns that had arisen in their neighborhood with the recent approval of two second -story additions, in areas where second stories are prohibited by existing covenants and restrictions. Mr. Knell noted the Marin Independent Journal indicated that quality of life was the number one issue of those seeking reelection and he believed this issue reflected directly on the quality of life. He reported there had been an explosion of concern in the neighborhood, i.e., two ad-hoc committees formed from people who had never been involved with the Association previously, one lawsuit filed and a retainer paid on a second. He indicated that neighbor against neighbor was not a good situation for the Santa Margarita Neighborhood. Reporting on an impartial survey of neighbors at Scotty's Market, Mr. Knell stated they also had sixteen people going door to door, which he believed was a representative sample of the opinions of neighbors. The question being: "Regarding the construction of second -story additions to Eichler or Alliance homes in Terra Linda." The results were: Opposed: 230 -93% In Favor: 18 No Opinion: 16 Mr. Knell stated this was unprecedented on any issue with which he had been involved, indicating that this type of consensus was something the City Council should address. He stated they were requesting a ban on second stories, not citywide, not in Terra Linda, but in the five neighborhoods they had identified (there could be more) with existing covenants and restrictions that prohibit second stories on Eichler and Alliance homes. He indicated there were a lot of reasons why Joe Eichler and those people back in 1955 wanted these neighborhoods to be single -story homes and certainly the neighbors wanted the homes to be single -story. Mr. Knell gave City Clerk Jeanne Leoncini copies of the survey for distribution to Councilmembers. SRCC Minutes (Regular) 08/04/2003 Page 8 SRCC Minutes (Regular) 08/04/2003 Page 9 He indicated that four people would speak on the issue Shervin Taibaksh, Santa Margarita Neighborhood Association, indicated he was an Eichler owner and an architect. Regarding the design of Eichler and Alliance homes, he stated they epitomized California outdoor living, with minimum exposure from the street and neighbors and maximum exposure to views and surrounding areas through full height glass walls and courtyards that brought the outdoors inside. He stated these are world renowned, mid-century modern architectural gems. Mr. Tajbaksh reported that numerous books had been written on these homes and developments; the vision of the early architects that Eichler employed did not include second stories to these homes and Eichler's original planners and developers ensured this through CC&Rs that strictly forbid second stories and require any modification to the structures to be reviewed by neighborhood architectural review committees, so that changes were compatible with their surroundings. Clearly, he stated, this was not happening presently and was the reason for their presence this evening. Indicating that the community's voice was loud and clear, Mr. Tajbaksh stated Council had heard the results of the surveys, and the vast majority of homeowners polled did not want second -story additions in their neighborhoods. Noting that a small minority saw things differently, Mr. Tajbaksh indicated he knew some of them and respected and liked them as people; however, he was present to state they would not compromise the integrity and architecture of the neighborhoods they live in any longer. He indicated that furthermore, they wanted to make clear to any speculative developers who thought about buying Eichlers, building them up and selling them for a profit, to think again. He stated that the committee would not stand for it and had mobilized to ensure no future second floor additions happened. Mr. Tajbaksh stated the intent of the group was to partner with the City to preserve the unique heritage of their neighborhoods and protect them from harm. Katherine Munson, stated she lives in Upper Lucas Valley in an Eichler home. She began working for Joe Eichler in 1958 as a realtor and continues this on a daily basis. She indicated that one of the great pleasures of her life had been to represent people who would like to come and live in an Eichler home and to teach them about an Eichler home, with similar sentiments applying to Alliance homes. Ms. Munson stated that sometimes she believes it is the fault of those who live in Eichler homes and cherish the communities for not talking more about it and teaching more people about the importance of the integrity of the community, and perhaps this was what was being attempted this evening. Reporting that they were concerned about the neighborhood communities, Ms. Munson stated they were not in any way deprecating other kinds of architecture. It was simply that Eichler homes were built and designed and street-scaped to accommodate the special amenities that those kinds of houses created, and this was the reason it was so upsetting and disturbing when a second -story addition appeared on a single -story Eichler home in a community of single -story Eichlers, because it intruded on and destroyed the very values for which the neighbors purchased their homes. Struck by the beauty of Fourth Street today, Ms. Munson noted there is not a more beautiful downtown, medium sized American hometown look than has been achieved in San Rafael. She stated San Rafael had pride in that, and justifiably so. The present Council, its predecessors and staff had spent years designing, achieving and preserving the integrity of the downtown and she believed they would be appalled should a great big blue and yellow store such as IKEA appear to destroy the ambience. Ms. Munson reported that she lived in Terra Linda from 1956 to 1966; she moved into the 200th house that had been built there and her family had spent a great deal of time and effort in Terra Linda, working initially towards getting recreation facilities and ultimately establishing the Community Services District, before the whole of Terra Linda was annexed to San Rafael. She explained she had a great feeling for San Rafael, even though she resides outside its City limits; however, working in the City of San Rafael, she cares what happens to it. Noting that Terra Linda is also a part of San Rafael, Ms. Munson stated she was aware of the time and effort spent recently on creating a gorgeous entry into the Terra Linda portion of San Rafael. Ms. Munson suggested Council think about some of these considerations: She stated that people who buy Eichler and Alliance homes pretty much do so because of the aesthetic appeal of the architecture. She noted it is for a certain type of person who SRCC Minutes (Regular) 08/04/2003 Page 9 SRCC Minutes (Regular) 08/04/2003 Page 10 understands the beauty of a post and beam home and who cherishes the lifestyle that goes with that. She stated they also buy a streetscape, buying the integrity of the community. Explaining, she reported these homes, for the most part, have no windows to the street front and they were designed carefully by architects and site planners to be integrated as a unified whole. Ms. Munson stated that when a person who lives in a house that has no windows to the front and all glass to the back is faced with something leering over the fence and intruding on the integrity of their enjoyment of the property, it is devastating, heartbreaking and irretrievable. Finally, as a realtor, Ms. Munson assured the City Council that this is a very damaging impact on the economic integrity of the investment of that home. She believed that among the Council and audience, a large percentage were homeowners, and to individually lose the equity in their homes would make a huge difference in their present economic circumstances and would severely impact their future economic comfort and retirement. Ms. Munson urged the City Council to work with the Planning Department in creating some kind of protection so that this type of situation could no longer happen. She stated it would not be to the detriment of the City of San Rafael or the residents of those communities, but to their betterment. Mary Ann Quirke, homeowner, stated she lives on Wisteria Way in Terra Linda. She indicated she had a very personal set of anecdotes to share from her experience in the last year, reporting that she had lived in the neighborhood for over four years, first as a renter and then purchasing her first home on Wisteria Way a year ago. Ms. Quirke indicated that in the third week of June this year, she began hearing jackhammers next door and in an attempt to ascertain what was happening, was informed by a neighbor down the street that her next door neighbor was breaking ground on a major renovation of his house and adding a second floor. She stated this was how she learned of the situation, noting that through an unfortunate series of events, she was totally excluded from the notification and permit processes of a structure being constructed next to her property line. Explaining her objections, Ms. Quirke stated this structure "messes" with the original floorplan of this planned community where quiet areas were located next to other quiet areas and primary living spaces were not invaded by other more active primary living spaces. She stated the design of next door located a family room on one floor, and a master bedroom and bath on the second floor that hovers over her dining room, living room and kitchen, all of which house all of her windows for the living areas. She indicated that the other two walls of her house did not have windows. Ms. Quirke reported that at the time of purchase she was given her title insurance and a set of CC&Rs (Covenants, Conditions and Restrictions). She stated they are as old as the house, 50 years; however, she got them last summer as part of her closing papers on a sale of over $500,000 for a piece of property she wished to reside in for the rest of her life with her six year old daughter. Ms. Quirke stated she wished to invoke the CC&Rs on the building next door, noting that the building taking place on Wisteria Way and Las Raposas were the very reasons the original owners and designers created the CC&Rs. i.e., to safeguard people against others disregarding their personal space and privacy in their plans and designs. Requesting Council's assistance in honoring their request, Ms. Quirke stated these constructions were already in place. Ground had been broken next door and she believed what happened and the way in which it happened were not right. She stated the stakes were very high if these precedents were set in the community. Drake Dawson stated he lived 80 feet from the development on Las Raposas and was not notified of the proposed construction. He reported having moved into his house with his wife seventeen years ago primarily because of the privacy factor, being unable to find a house with a private pool. Mr. Dawson stated that when he saw this happen, how little notice it took, how quickly it happened and how little he had to protect himself, he was shocked. He indicated that new law was not necessarily what was needed, explaining that the house improvement on Las Raposas did not conform to City guidelines. He stated that according to section 14.25.050 for additions over 500 square feet, "windows above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property." He shared a picture with Council of the impact on a resident's private patio. Referring to a recent article in the Marin Independent Journal, Mr. Dawson quoted Raffi Boloyan, Associate Planner — "For the City to deny a permit just because there are not second stories just is not right." Mr. Dawson referred Mr. Boloyan to paragraph G of that same section wherein it stated "where a prevailing design exists on both sides of the street for the length of the block, the addition or modification shall be designed to be compatible with the design, SRCC Minutes (Regular) 08/04/2003 Page 10 SRCC Minutes (Regular) 08/04/2003 Page 11 character and scale of the neighboring buildings." He indicated that as could be seen from a further picture, the scale of a building that is now 16'/2 feet taller than its neighbor, appeared to be out of hand. He again shared a picture with the City Council. Mr. Dawson stated residents worried about who would be next and indicated he did not wish to fight with his neighbors, he did not want lawsuits, nor did he wish to be out in the street with Councilmember Phillips inquiring as to what was happening. Mr. Dawson stated that a moratorium was necessary until the will of the community could be implemented. Greg Knell thanked all for their attention and requested that the item on the Consent Calendar be modified so that staff is directed to specifically look at the possibility of a ban on second stories in the five subdivisions with existing CC&Rs prohibiting second stories, as opposed to just a general evaluation of second stories in Terra Linda. Responding to points raised, Community Development Director Bob Brown stated he did not disagree with the perspective of the neighbors, recognizing that it was quite an aberration for the neighborhoods. He noted that the section on second -story design review that was adopted back in 1994 specifically stated "limited design review of upper story additions is not to preclude such construction." These were the guidelines under which staff operates, attempting to work with the adjacent neighbors to ensure there are no privacy impacts, and in the case of the Las Raposas application, staff did work with the adjacent neighbors, resulting in design changes. Mr. Brown stated these are different than the surrounding neighborhoods and in that sense, the issue was timely in that staff was about to embark on a study of single-family design review, and also on a study of noticing requirements. He stated staff's suggestion to Council this evening was that they provide specific direction. He believed it was specific, stating "restricting or precluding second -story additions to Eichler and Alliance homes." Mr. Brown indicated that staff would be happy to incorporate this in their study, and stated that the intent was to accomplish the study in approximately two months. Reporting that staff was not intending to look at single-family zoning regulations as this was a high priority project coming out of the General Plan, Mr. Brown stated that until the General Plan was adopted and staff was available, Council had directed taking interim steps, looking at the design review process; therefore, staff would be happy to fold this into that. Mr. Brown reiterated that methods of improving the notification process as it related to these types of applications would be evaluated. Mr. Brown stated the expectation was to return to Council within a couple of months With regard to the request for a moratorium, Mr. Brown stated this is taken seriously; however, currently, there are no applications for any second -story additions in these neighborhoods and there were only two in the past seven years. He noted it takes approximately four months to get planning and building approval for a second -story addition, and given the fact that staff intends to have something in place by that period and the fact that the rainy season is approaching in terms of construction, staff did not believe it was necessary to adopt a moratorium. Mr. Brown stated they certainly would choose to move quickly on this study and would involve the Santa Margarita Neighborhood to understand more specifically the areas under discussion, and their specific issues. Understanding Mr. Brown's point about two months, to be specific, Mayor Boro inquired whether it would be safe to assume staff would be back to Council with this item at the first meeting in October. As the issue had to go before the Planning Commission initially, Mr. Brown stated staff expected this to be in late October, going before Council in early to mid November. Although only two applications of this type had been received in the past several years, in the event someone anticipated such an application, followed the account of this meeting and filed an application while the study was in progress, Mayor Boro inquired whether they would be allowed to proceed under the existing ordinance. Mr. Brown responded affirmatively, explaining that under State Law, there would probably be a six-month time frame in the planning process alone; therefore, given the fact that a study would be under way, he did not envision processing such an application expeditiously. Mayor Boro clarified his concern was to the effect that should someone apply during the study period, they would have certain entitlements under the existing ordinance, regardless of staff's findings and what was adopted. Mr. Brown stated that until the applicant actually secured a building permit and began construction, only at that point would they have vested rights under the current regulations. He added that it was very unlikely construction would begin late into the fall or during the wintertime. SRCC Minutes (Regular) 08/04/2003 Page 11 SRCC Minutes (Regular) 08/04/2003 Page 12 Councilmember Cohen expressed his concern regarding this point. He noted the two applications in question were received in less than a year; therefore, a third could be imminent. While it did not appear likely, he commented that someone owning an Eichler home planning a second story edition who was either present this evening or read about the meeting in the newspaper tomorrow, could immediately apply for a permit and regardless of the rainy season, if they made a substantial start on construction, they had secured the right to build a second story, which they would lose should they wait. If this window is open, Councilmember Cohen stated that in his view it needed to be closed Councilmember Miller concurred. Councilmember Phillips also concurred. He reported having gone by the neighborhood on Sunday to assess the situation and met Mr. Dawson and a neighbor, who were in a pleasant but somewhat argumentative mode. He concurred with Mr. Knell, stating this was not needed in the neighborhood; he did not want it in his neighborhood and did not wish to enter into that type of unpleasant discussion if it could be avoided. Having been on the street corner yesterday, he indicated he appreciated what those in the audience were going through, noting the structure in question was a large one. Councilmember Phillips stated he was in favor of imposing a moratorium on any construction to allow time for evaluation of the issue, as was done in Palo Alto. He believed the neighbors should have a significant say in what is created in their neighborhood and a timeout should be allowed for feedback, etc., without the danger of this recurring. Should the majority of neighbors decide to have the opportunity to build a second story, that would be fine; however, should that appear not to be the case, that neighborhood request should perhaps be honored. Councilmember Phillips favored a mandatory ban, which was safe and would avoid confusion. Councilmember Heller stated she heard several times that people did not receive a notice; however, she understood from the staff report that the entire neighborhood was legally noticed in both instances and perhaps it was missed by some people. Community Development Director Bob Brown clarified that there were various levels of design review processes. For administrative level design review, which is what second story additions were always intended to be, he stated the only requirement was that the immediately adjoining property owners be notified, and that would include property owners across the street. He stated this was done in the case of Las Raposas. For Wisteria, the planner chose to notice all property owners within 300 -feet, noting the reason Council heard from Ms. Quirke this evening was due to the fact that the former owner of that home was notified while the home was in escrow and did not provide Ms. Quirke with that notification. Mr. Brown stated that in the case of Wisteria, there was no public input and regarding Las Raposas, both adjacent neighbors were involved. He confirmed that notification and plans of both were forwarded to the Santa Margarita Homeowners Association. He believed there were some internal difficulties at the Association at that point and no response was received. Cognizant of the fact that staff was evaluating noticing requirements and anticipating a lot of good ideas, Councilmember Heller stated that any help forthcoming would be appreciated. She favored a report, indicating she needed to understand the difference between Alliance and Eichler. Referring to the question of fairness to the effect that in the event the rest of the City be permitted to have a second story, why prohibit one or two neighborhoods. Councilmember Heller stated this was a general question that needed to be addressed. Harry Winters, President, West End Neighborhood Association, stated he was representing the Federation of San Rafael Neighborhoods this evening and was supporting staff's report. He reminded the City Council that approximately six months ago, this very issue came up in the context of a monster homes discussion, getting into the issue of sufficient money for two studies: one on downtown signage and the other on the issue of residential design. Mr. Winters stated Council decided to first deal with the downtown sign ordinance with the proviso that afterwards, design issues would be evaluated. He stated that one of the most important issues the Federation raised about the entire City was that of second -story additions in older neighborhoods, West End, Sun Valley, etc., and he reminded the Council that this was not just a narrow issue. He believed a commitment was made to address this issue on an overall City basis and not just on this narrow neighborhood basis. Monica Hynes, suggested using poles to demonstrate the height, etc., of any construction to take place. She indicated that in this way, neighbors would have the opportunity and time to act. SRCC Minutes (Regular) 08/04/2003 Page 12 SRCC Minutes (Regular) 08/04/2003 Page 13 Mayor Boro noted the sense of the Council was to proceed with the staff recommendation; however, he believed there also was a consensus among the Council to pursue the issue of a moratorium in this neighborhood. Assistant City Attorney Gus Guinan clarified that under §65858, an Interim Urgency Ordinance would be in effect for 45 days; Council had the opportunity to extend this on two occasions, once for ten months and fifteen days, and the other for an additional year, making a total of two years. The Interim Urgency Ordinance could not be extended more than twice. City Manager Rod Gould commented that the time to be spent on the moratorium would be time not spent on the study of preservation of Eichler and Alliance homes; however, he indicated it would afford the time to further discuss the issue with the neighborhood and do it right. He stated he understood the tradeoff and the sentiment of the neighborhood. Mayor Boro inquired whether staff would be in a position to present this moratorium at the City Council meeting of August 18, 2003. Assistant City Attorney Gus Guinan stated he would certainly try. Mayor Boro inquired whether tonight's recommendation could be approved to commence the study. Mr. Gould stated that from Council's discussion, he believed Mr. Brown and the Community Development Department were directed to initiate the study on the preservation of Eichler and Alliance homes, either through second -story design guidelines or through outright prohibition. In the meantime, working with the City Attorney's office, staff to return at the earliest possible time with a moratorium to afford Council and the community plenty of time to review the issue. Mayor Boro clarified the moratorium applied to this specific neighborhood. Councilmember Cohen clarified this to be the five subdivisions identified by the Santa Margarita Neighborhood Association. He believed it would be appropriate to not just do this as the sense of the Council, rather have it on record. Regarding the City as a whole versus the five neighborhoods, Councilmember Phillips requested clarification on how the CC&Rs affected City policy with regard to second -story units. Mr. Brown explained that San Rafael, similar to other cities, does not enforce private CC&Rs. The City is not a party to them, and he noted they exist on properties that are quite dated and clearly illegal. He stated the best way to accomplish this should it be the intent of the community and ultimately the Council, would be to restrict second -story additions on these homes, similar to the CC&Rs, and enact a zoning ordinance modification, specifically related to this issue. He also pointed out that Mr. Winters was correct in that the analysis was intended to be citywide. One component would look specifically at the Eichler and Alliance homes; however, it was a citywide examination of single-family design review. For clarification, Councilmember Cohen stated it was his sense from the staff report and his recollection of the direction previously given, that as pointed out by Mr. Winters, some direction should also be given concerning the sign ordinance. He noted that different direction to staff at that time would have had no impact on the two projects under discussion this evening. Secondly, the direction given was to generate an interim urgency ordinance, which would go before the Planning Commission in October, covering specifically second -story additions citywide, not just with respect to Eichler and Alliance. He stated Council would direct staff tonight to give particular focus to the issue of prohibition of second -story additions on Eichler and Alliance homes, as a potential decision to be made through the Public Hearing process. Councilmember Cohen stated that the issue of second -story and a broader discussion of single- family home design citywide is something that had begun and needed to be pursued, not only this interim study, but the one intended to more fully take place after the General Plan Update. Councilmember Cohen believed all were clear on the need to take a hard look at the City's notification procedures. He noted there clearly were areas where improvement was necessary and this needed to be added to the list from which to learn; however, neither of these issues was under discussion this evening. Councilmember Cohen stated tonight's issue was a specific response to the Santa Margarita Neighborhood. SRCC Minutes (Regular) 08/04/2003 Page 13 SRCC Minutes (Regular) 08/04/2003 Page 14 1) Councilmember Cohen moved and Councilmember Phillips seconded, to direct staff to expand the scope of the analysis of single-family dwelling design review process to include consideration of restricting or precluding second -story additions to Eichler and Alliance Homes. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2) Councilmember Cohen moved and Councilmember Phillips seconded, to direct staff to return as quickly as possible with a Moratorium Ordinance precluding second -story additions to Eichler and Alliance homes while an analysis of the zoning options is underway. Councilmember Heller requested clarification that this was just for the Terra Linda Neighborhood or any other place with an Eichler home and did not entail the entire City of San Rafael. Mr. Brown stated it did not and staff would work with the neighborhood to geographically define the area that would be part of the Moratorium Ordinance. Councilmember Cohen stated he would be happy with that and was not including this specific wording in his motion, rather leaving it to staff to work with the representatives of the Santa Margarita Neighborhood to return with the five subdivisions where they believed the greatest concentration existed. He confirmed that was the intent. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 26. Presentation of: (CD) — File 115 (2020) x 102 a) RESOLUTIONS OF APPRECIATION TO MEMBERS OF THE SAN RAFAEL GENERAL PLAN 2020 STEERING COMMITTEE; b) DRAFT GENERAL PLAN 2020 b) Mayor Boro reiterated tonight's intent was not to discuss any of the items contained in the General Plan. He stated that that process would go forward through the normal planning process; however, he believed the point had been reached where the Committee wished to make an announcement to Council about their job and its completion. Principal Planner Linda Jackson introduced Ann Batman and Mark Lubamersky, General Plan 2020 Steering Committee Co -Chairs. Ann Batman stated that she and Mark Lubamersky wished to present the City Council with their recommendation for the General Plan 2020. She noted that Kate Colin, the third Co - Chair, was unable to be in attendance this evening. Ms. Batman requested members of the General Plan 2020 Steering Committee stand and be recognized. She explained that when they started out three years ago, they all came from various backgrounds and various neighborhoods in San Rafael; however, one thing they all had in common was their love for the City of San Rafael. She reported they received lots of information, which they read diligently, doing their homework so they were prepared at meetings. Ms. Batman stated that the community had been involved all along in the process. It had been open to anyone who wished to become involved; there were updates in every City focus newsletter, an e-mail subscription group of 350 and a mailing list of over 500 people, meaning 850 people received monthly communications regarding the General Plan. Reporting that town meetings, design charettes, task force meetings, loopouts, workshops and regular meetings took place, Ms. Batman stated they also received copies of every letter and e-mail sent to staff. Ms. Batman stated some unique items were included in the process. There was a website that had a forum which gave people the opportunity to comment on various aspects of the General Plan. Draft policies were on the website and there was a virtual library of all their work. She stated that San Rafael had its first community meeting in Spanish, translated into SRCC Minutes (Regular) 08/04/2003 Page 14 SRCC Minutes (Regular) 08/04/2003 Page 15 English at Bahia Vista Elementary School and there were several visioning sessions with teens at the Teen Center. Indicating that this had been a genuinely collaborative effort, Ms. Batman stated that many people had a stake in it and they were aware that many more would become involved as the process moved along. She confirmed that almost 3,000 people had been involved so far, covering approximately 13,000 hours of meetings and workshops. Ms. Batman stated that Mark Lubamersky would briefly explain the process. Mark Lubamersky stated they all were in a state of continuing education to understand how the future decisions would translate into tradeoffs. Realizing they could not have it all and there would be change, he believed it was better to plan for change and change for the better. Mr. Lubamersky stated the City staff was organized and helped to lead but never directed the outcome to achieve preconceived results. He reported that issues went through subcommittees, were discussed and changed and finally decided on by the Steering Committee; in some places they agreed to disagree and this resulting split would be evident. Regarding the Vision, Mr. Lubamersky stated they began with a vision of San Rafael in 2020, a vision that sets the framework for their recommendations. He indicated they wished to preserve the natural resources and quality of life and recognized that the most limited resource is land. He stated they wanted to make the most of the limited opportunities for development and emphasize infill and mixed use. Regarding the Plan, Mr. Lubamersky stated there were no surprises. There were a lot of refinements on the current Plan: • Traffic and Housing were the key issues and recommendations were made, not taken lightly, on traffic standards and where new housing could go; • Reinforce the strengths of San Rafael; • The strong and diverse local economy; • A pattern of community involvement established by the Council; • Community Design to keep the hometown feeling of San Rafael, always in pursuit of quality buildings that reinforce the sense of place; • Culture and the Arts; • Infrastructure — Policies reflecting their concern and community needs to adequately plan for maintenance. Regarding what is next, Ms. Batman stated they wished to emphasize, particularly to the general public, that it was not over, rather it had only just begun. She indicated there would be a draft Environmental Impact Report, public hearings before the Planning Commission and the City Council on that draft EIR and again, on the total General Plan. Ms. Batman stated they had done their work and now reluctantly and sadly, were turning the General Plan over to the City Council and Planning Commission for review and finalization. She stated they were aware what they produced was not written in stone, but neither had anything they brought forward happened without a great deal of thought and discussion. She stated that should there ever be a time when they wondered why such a recommendation was ever made, she invited Council to call upon them and they would be glad to attend and clarify their position. Ms. Batman stated they also were aware there would be spirited discussion during the coming months; however, were firm in their belief that the collaborative process established by San Rafael would produce a General Plan that all could support and be proud of. She stated they looked forward to General Plan 2020 being adopted in the Spring of 2004. Ms. Batman reported that one of their committee members sent the following words in an e- mail: "It was an engaging and rich experience. It was a journey where we learned a lot, laughed a lot and met some very fine people. It was a grand ride; Thursdays will never be the same again. Thank you for letting us be a part of this process." Noting that Councilmember Cohen was a representative of the Council to the Committee and was backed up by Councilmember Miller, Mayor Boro invited him to comment at this point. SRCC Minutes (Regular) 08/04/2003 Page 15 SRCC Minutes (Regular) 08/04/2003 Page 16 Councilmember Cohen stated that he and Councilmember Miller gave light to the term "job sharing" and he appreciated this. Commenting that he would come close to repeating remarks he had made to the committee, and apologizing for this, Councilmember Cohen indicated he wished to comment when there were more than Committee members in the room. Councilmember Cohen stated one of the things that really defined the Council and Administration was their firm belief in the concept of community governance. He noted that some people would say the notion of a duty of community service had fallen out of favor in this state and country; however, to all of those who did not participate in this process, he reported that it was not evident from this group of residents. He stated they had gone far and beyond the call of duty, noting the thousands of hours of meetings, committees, subcommittees, mapping, etc., which he could not keep straight even though he attended many of the meetings. Noting the comment that this is just a step in the process, Councilmember Cohen stated the Steering Committee had really created the framework for the remainder of the discussion and they would be delivering a document to Council this evening that captured in many important respects, this community's vision for San Rafael's future, and the work they had done to capture and describe that vision should be recognized. To the Committee Members, Councilmember Cohen stated that regardless of the outcome of their final public decision-making process on some of the points left undecided, they had really shaped and given life to the debate and in fact, in many material respects, shaped the future of this Community, for which they should be proud. Councilmember Cohen stated it had been an honor for him to have participated with them in the process and he thanked them very much. Mayor Boro invited Linda Jackson to assist with the distribution of the Resolutions of Appreciation. He also acknowledged Linda for her great work. In perusing the resolutions Mayor Boro stated he noted they were tailored to each individual, addressing the different tasks they did, which included: Document Subcommittees, Life Task Group, Mapping Subcommittee, Home Task Group, Outreach Subcommittee, The Getting Around Town Task Group. Of the many items covered, he noted some did more than one, some more than two or three; however, all participated, and to echo Councilmember Cohen's comments, Mayor Boro believed the City was all about providing a venue where the people who live and work in the community could have the ability to shape its future, and for that he expressed gratitude and thanks. a) Mayor Boro presented Resolutions of Appreciation to the following members of the San Rafael General Plan 2020 Steering Committee: Ann Batman Larry Paul Lee Buckner Sue Scott Paul Cohen Paul Sloan Dick Katerndahl Roger Smith Mark Lubamersky Phyllis Thelen Karen Moore Dick Watts Kay Noguchi Joanne Webster Those unable to attend: Chrise DeTournay Birkhahn Steve Patterson Kate Colin Jean Starkweather Karen Moore Principal Planner Linda Jackson recognized Sandy Greenblat and Jackie Schmidt, Document Sub -committee, and thanked Evelyn Buchwitz for her work on General Plan 2020. PUBLIC HEARINGS: 27. Public Hearing — BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2003-2004 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) — File 6-48 Mayor Boro declared the Public Hearing opened. SRCC Minutes (Regular) 08/04/2003 Page 16 SRCC Minutes (Regular) 08/04/2003 Page 17 Interim Public Works Director Andrew Preston reported that on July 7, 2003, the City Council accepted the Engineer's Annual Report for the Baypoint Lagoons Landscaping and Lighting District and directed the filing of the report. He indicated the report would not be filed until after the closure of this public hearing. Simultaneously, the City Council set the date of the public hearing, which had been rescheduled to this evening. Mr. Preston stated that tonight's resolution requested the City Council to confirm the Assessment Diagram and the Assessment from the Property Owners (the Assessment Diagram was displayed on the board in the Council Chamber), and also levy the assessment for work improvements proposed for the fiscal year 2003-2004 for the Landscaping and Lighting District, under the Landscaping and Lighting Act of 1972. Mr. Preston indicated that the purpose of the public hearing was to receive any public comments on the Engineer's Annual Report; however, before this, he directed Council's attention to some corrections to the report that needed to be completed by the engineer Page 4 - describing the work that had been done to date — Mr. Preston stated the report needed to be updated to include the work done this year; Page 5 - a diagram depicting the cattail eradication — this plan needed to be updated to include the cattail cutting which was carried out this last year; and Page 5 — Estimate of Costs — Mr. Preston stated there were some errors towards the bottom of the page. He indicated this basically was to the benefit of the District as it meant $48,000 was available to spend this year on the monitoring and eradication of the cattails in the lagoon. Mr. Preston stated that the Engineer of Work, CSW Stuber-Stroeh, would be making the changes to the pages and supplying them to the City Clerk before the document was filed. This should be done on Tuesday, August 5, 2003. Indicating that the proposed work for the next year was very similar to the previous year's, Mr. Preston explained it would be the continual cattail management and selective removal of cattails and invasive plants and weeds around the lagoon area, and also the planting of native wetland plants. Mr. Preston reported that in the last two years, this work had been carried out by Pacific Open Space in accordance with a report generated by Dr. Michael Josselyn, Wetlands Research Associates, Baypoint Lagoons. He indicated the plan was prepared in 1998. Mr. Preston stated that this year would be slightly different from last in that he wished to involve the Homeowners Association more than previously. He reported having had discussions with Dr. John Boland, the President of the Homeowners Association, who was very receptive to meeting with the City and Pacific Open Space and developing a plan to go forward with the cattail management. Indicating that the assessments for this District were unchanged from previous years, Mr. Preston stated they remained the same as when the District was first established. He indicated that Al Cornwell, CSW Stuber-Stroeh, was in the audience and both he and Mr. Cornwell would be happy to answer questions. John Boland, President, Baypoint Homeowners Association Board of Directors, stated this was what they proposed as an addition to Resolution 11358, believing the wording would be in the best interests of the long term management of the beautiful, pristine and very important Spinnaker Lagoon. Dr. Boland stated they supported the wording of Resolution 11358, particularly as it related to the cattail abatement. He indicated they would like to add to the wording a statement of their desire to have the lower buffer zone at the Spinnaker Lagoon weeded and sown with native grasses three times per year. He explained that without such weeding, those who live there have seen this area become choked and overgrown with weeds and non-native species, as well as native species. He indicated they proposed the addition of native species plants to the lagoon areas that are low in height but enhance the habitat for all plants and animal species benefiting from this resource. Dr. Boland further proposed that the 193 property owners at Baypoint Lagoons, who comprise the sole tax base of the Baypoint Lagoons Landscaping and Lighting District, be acknowledged as integral participants to partner with the City of San Rafael's Department of Public Works in advising on project dimensions and in reviewing the plan's ongoing effectiveness. SRCC Minutes (Regular) 08/04/2003 Page 17 SRCC Minutes (Regular) 08/04/2003 Page 18 Dr. Boland stated they treasure their lagoon for the refuge it provides for the many forms of wildlife that inhabit it and for the pleasure it brings to the many citizens of the City of San Rafael who use it. There being no further comment from the audience, Mayor Boro closed the public hearing. Mayor Boro confirmed that Mr. Preston received a copy of the letter submitted by Dr. Boland. He noted Mr. Preston had indicated in his comments that he was beginning to work with the Homeowners Association. Mr. Preston stated this Landscaping and Lighting District had been going on for many years and much of the initial funding was spent on reports, surveys, monitoring, etc., with very little spent on the actual physical work of cattail management and invasive species around the lagoon. He stated he supported the sentiments of the Homeowners Association and looked forward to working with them to try to make this a little more of a proactive effort; however, he indicted staff did have to ensure they complied with the requirements of the reports. He stated staff had to be certain that whatever was planted was in accordance with the declared procedures and requirements of those reports. Mayor Boro noted there were three specific requests: 1) working on the cattail abatement; 2) the weeding of the lower buffers, and 3) when budget allows, the native species plants, and he inquired whether any headway could be made on any of these. Mr. Preston reported that this past year some native species plants were planted; however, unfortunately, he had learned they were planted at the wrong location around the lagoon and when the lagoon was flooded, the plants were under water; therefore, there had to be an assurance this did not recur. He indicated that work had commenced on item #3. Regarding the weeding, Mr. Preston stated this was ongoing and approximately two-thirds of the cattails had been removed around the Lagoon, with approximately $25,000 available for the coming year. He estimated that some of the weeding of the non-native plants could be undertaken at the same time. He noted this was an ongoing project and would not be completed in one year, rather would continue in perpetuity. For the benefit of the Homeowners Association and the Council, Mayor Boro inquired whether it was safe to assume that the requests made by the Homeowners Association were intended to be carried out in the plan. Mr. Preston confirmed all of these suggestions were in the long-term plan; however, the concentration had been on cattail eradication as the highest priority at this time. Mayor Boro inquired whether it would be safe to assume staff would do some planting of native species this year. Mr. Preston stated they were definitely planting some native species this year and on this occasion at the correct elevation. He saw no reason why weed abatement could not be initiated simultaneously. Mayor Boro suggested there was no need to modify the Resolution before Council this evening; however, the record could acknowledge the letter and the intent to work with the Homeowners Association to pursue these goals. Mr. Preston concurred. Councilmember Cohen concurred with the record reflecting the intent. He inquired whether next year in advance of the report preparation if work could be done with the homeowners towards an agreement on the work program. Mr. Preston reported he would be having several meetings with the Homeowners Association in the future, even before commencing the next round of cattail management. He stated he intended meeting with them on a regular basis to ensure the plans could be carried out, both in accordance with the planting itself and the requirements. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution a) With the understanding that staff would make every effort to accommodate and incorporate the suggestions received this evening from the Baypoint Lagoon Homeowners Association; and b) Accepting the changes to pages 4, 5 and 5B of the Engineer's Annual Report. RESOLUTION NO. 11395 — RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2003-2004; BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) SRCC Minutes (Regular) 08/04/2003 Page 18 SRCC Minutes (Regular) 08/04/2003 Page 19 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. Public Hearing — RE: 374 MARGARITA DRIVE (VILLA MARGARITA); CONSIDERATION OF REQUEST FOR 1) A REZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT WITH SPECIFIC SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS; 2) A VESTING TENTATIVE MAP TO SUBDIVIDE A 13.88 -ACRE PARCEL INTO TWO LOTS; AND 3) AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF A 6,500 -SQUARE -FOOT SINGLE-FAMILY HOME; APN: 015-250-56; PLANNED DEVELOPMENT (PD) DISTRICT; EMERALD BAY DEVELOPMENT, OWNER; BILL MCLAUGHLIN, APPLICANT; FILE NO.: ZCO2-003, S02-007, AND ED02-082 (CD) — File 10-3 x 10-7 x 10-8 Mayor Boro declared the public hearing opened Micah Hinkle, Associate Planner, stated the applicant was before Council because of a zone change request and in addition, he was requesting a reduction in lot size for the lower lot, Lot A. He indicated that the minimum lot size for a hillside parcel according to the subdivision regulations is 2 acres and the applicant was requesting a 1.05 -acre parcel in order to cluster the homes. Mr. Hinkle reported that the existing parcel has an existing bench cut that comes across in the lower portion of the parcel, and is where the applicant proposed to place the home, as depicted in the model on display. Reporting that the Design Review Board reviewed the project on September 4, 2002, Mr. Hinkle stated they recommended it with some color changes and additional landscaping below the lower portion of the house. Having been reviewed by the Planning Commission on June 24, 2003, they recommended approval of the project with a few modifications to the proposed Planned District development standards. Mr. Hinkle reported that most of the discussion was centered on the maximum building square - footage for Lot A. He stated that the Planning Commission recommended the maximum building square -footage of Lot A be limited to 3,300 square -feet instead of the standard 6,500, believing that 6,500 would be out of scale. They scaled down the lower lot, so that when clustered, the houses did not appear so massive. Mr. Hinkle stated that the applicant at that time was amenable so the Planning Commission recommended approval with those modifications. Mr. Hinkle stated it was staff's recommendation that the City Council approve the recommended actions contained in the staff report. Reporting having visited the site, Councilmember Miller requested that Mr. Hinkle identify the smaller house on the model on display. Mr. Hinkle stated the existing house was down below the proposed house, and was off (not depicted) on the model. Bill McLaughlin, Site Developer, identified the basic location of the small house on the model. He indicated that the road was created by the original owners back in 1950. Mr. McLaughlin stated the staff report had addressed everything superbly. Without sounding solicitous, he stated he sits on a Board in his town and had a real feel about staff and Boards. Reporting that this had been a very long process, he noted his experience in San Rafael had been exceptional with extremely professional staff and a very respectful process, unlike his town. Mr. McLaughlin stated he really appreciated this and wished to acknowledge the San Rafael Boards and staff. Mr. McLaughlin explained that when he purchased this lot, he saw a very special site. He stated they spent two years attempting to design what they believed would be an outstanding residence for the community as a whole and he hoped Council would agree this had been accomplished. Mr. McLaughlin stated they believed both the Design Review Board and Planning Commission agreed it had been accomplished. He reported they had spent the last year once weekly working on details of the interior in anticipation of an exceptional product. Mr. McLaughlin indicated that one of their issues had been color, which was difficult because during the summer with the hills brown, the lighter colors made the house disappear, whereas during the winter, with the green hills, the darker colors also made it disappear. They therefore tended towards the lighter colors in the hope that as the vegetation took place and the trees grew, the house would blend in fairly significantly with the winter landscape. He stated staff had inserted a condition, which he agreed with, that a color presentation would be made before finalization. SRCC Minutes (Regular) 08/04/2003 Page 19 SRCC Minutes (Regular) 08/04/2003 Page 20 Indicating that at the Planning Commission meeting, he did agree with the smaller square - footage on the lower lot, Mr. McLaughlin stated now that he had had time to reflect on it, he realized this would be the only one -acre lot in the City of San Rafael with that restriction. He believed there was not much chance that a much larger house than that would be designed simply because of the natural state issues of the lot; however, on further reflection, he stated there was a correlation in some respects with great architecture in addressing those natural state needs and square -footage, as it afforded larger rooms, whereas smaller square -footage tended to be limiting. Mr. McLaughlin stated he offered this as a thought in the event there was a means of adjusting or eliminating this. Mr. McLaughlin indicated that he and his architect were available to answer questions. There being no further comment from the audience, Mayor Boro closed the public hearing. Regarding the limitation on square -footage for Lot A, Mr. Hinkle explained that the original proposal was for 6,500 square -feet, consistent with the hillside guidelines and the hillside overlay district. He indicated that the Planning Commission believed 6,500 square feet was too much and felt it appropriate to reduce the 6,500 to 3,300 square feet. Noting the larger building was 6,500 square feet, with the existing home 1,500 square feet, Mayor Boro stated he understood the applicant was requesting more latitude on the 1,500 square -foot existing house lot and he inquired as to the request of the Planning Commission on this. Mr. Hinkle explained that the original proposal was for 6,500 square -feet for Lot A, which is consistent with hillside guidelines; however, there were other design constraints that would reduce that number, i.e., the natural state requirement and the design components. He indicated that the Planning Commission believed two houses of theoretically, 6,500 square -feet next to each other was too much; therefore, considered a limitation on the lower lot appropriate. Councilmember Cohen confirmed with Mr. Hinkle that for the recommendation this limitation was set at 3,300 square -feet. Councilmember Miller inquired how this square -footage was arrived at. Mr. Hinkle stated it was through discussion; however, he was unsure how the number was arrived at. Mayor Boro stated his reaction was that to have a lot that large and subdivided, it almost appeared Lot A should have more land to accommodate a larger house. He believed, therefore, that what was recommended for approval was more than adequate. Concurring, Councilmember Phillips stated that having read the minutes of the Planning Commission meeting it appeared extensive debate had taken place, and at that point in time it appeared acceptable to the applicant. He indicated he was comfortable with the Planning Commission's conclusion and did not favor expanding it fairly arbitrarily at this point. Councilmember Heller commented on how beautiful the house was. Noting the land was privately owned, she confirmed the owner would take care of the complete twelve acres and its associated responsibilities. Councilmember Cohen inquired whether there would be an allowance for further subdivision of the lot. Mr. Hinkle stated the proposal would preclude that, explaining there was specific provision in the development standards for subdivisions, excluding dedication of open space. Councilmember Cohen confirmed with Mr. Hinkle that a future property owner could not carve off another chunk and build. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the resolution. a) RESOLUTION NO. 11396 — RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR A REZONING (ZCO2-003), VESTING TENTATIVE MAP FOR A TWO -LOT SUBDIVISION OF A 13.88 -ACRE PARCEL (S02-007), AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-032) TO ALLOW THE CONSTRUCTION OF A 6,500 -SQUARE -FOOT SINGLE-FAMILY HOME AT 374 MARGARITA DRIVE (APN 015-250-56) SRCC Minutes (Regular) 08/04/2003 Page 20 SRCC Minutes (Regular) 08/04/2003 Page 21 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) The title of the Ordinance was read: ""AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD) DISTRICT TO A REVISED PD DISTRICT (ZCO2-003) WITH SPECIFIC SINGLE-FAMILY DEVELOPMENT FOR A TWO - LOT SUBDIVISION OF A 13.88 -ACRE PARCEL LOCATED AT 374 MARGARITA DRIVE (APN: 015-250-56)" Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1808 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c) Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the resolution. RESOLUTION NO. 11397 — RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-082) AND VESTING TENTATIVE MAP FOR A TWO -LOT SUBDIVISION OF AN EXISTING 13.88 -ACRE PARCEL (S02-007) TO ALLOW THE CONSTRUCTION OF A 6,500 -SQUARE -FOOT SINGLE-FAMILY HOME LOCATED AT 374 MARGARITA DRIVE (APN: 015-250- 56) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. Public Hearing — RE: 200 OAK VIEW DRIVE; REQUEST FOR AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR THE CONSTRUCTION OF A NEW 6,490 -SQUARE -FOOT, TWO-LEVEL, SINGLE-FAMILY HOME IN A HILLSIDE/RIDGELINE AREA. THE APPLICATION INCLUDES A REQUEST FOR EXCEPTIONS TO THE HILLSIDE OVERLAY DISTRICT'S PROPERTY DEVELOPMENT STANDARDS TO ALLOW: 1) THE DESIGN OF DOWN SLOPE WALLS TO EXCEED THE WALL HEIGHT MAXIMUM OF 20 FEET; AND 2) DEVELOPMENT WITHIN 100 VERTICAL FEET OF A VISUALLY SIGNIFICANT RIDGELINE; APN: 010-360-02; SINGLE- FAMILY -HILLSIDE OVERLAY (R1A-H) ZONING DISTRICT; BRENT DICKENS, OWNER AND APPLICANT; FILE NO.: ED02-165 (CD) — File 10-7 x 10-6 Associate Planner Micah Hinkle explained this proposal was for a 6,490 square -foot house on a 1.17 -acre parcel located in a hillside/ridgeline area. He explained the applicant was before Council as he was the first to request exceptions to the hillside overlay district property development standards. He noted the proposed design would exceed the building step back requirements and would be located within 150 vertical feet of a ridgeline. Mr. Hinkle reported that the Design Review Board reviewed the project on March 18, 2003 and recommended approval. He stated the Board believed the architecture of the project was excellent and did not request design changes. Mr. Hinkle stated that the Planning Commission saw the project on June 24, 2003 and a privacy issue was raised which has since been resolved with additional landscaping. He reported that the Planning Commission recommended approval of the project based on the findings contained in the staff report. Mayor Boro noted that the staff report indicated the subdivision was approved prior to the adoption of the hillside/overlay district but was designed to minimize grading, and he inquired as to the time frame. Responding, Mr. Hinkle stated he believed it was the 1983/84 range. He explained that when it went before Council at that time, there was concern regarding the location of the lots and how they were subdivided. He indicated that at that time a visual analysis was taken to ascertain the best location for the building sites, and this site is consistent with that original approval. SRCC Minutes (Regular) 08/04/2003 Page 21 SRCC Minutes (Regular) 08/04/2003 Page 22 Noting it was a while since this was discussed, Mayor Boro stated he believed that everything going forward would follow the hillside development guidelines. Community Development Director Bob Brown concurred; however, indicated that those guidelines in the ordinance did include this exception process; therefore, there were opportunities to present rationale for deviance to the Council. Mr. Hinkle explained that the project itself exceeds the maximum height regarding wall planes. For down slope and side elevations, he stated the maximum wall plane is 20 -feet, and then it is supposed to be stepped back (a stepping motion up the hill). Mr. Hinkle indicated that the applicant proposed to erect his house on pillars and raise it above to minimize grading; however, by so doing would be against what the hillside guidelines call out for the stepping motion. Mr. Hinkle reported that both the Design Review Board and Planning Commission looked at the designs. He stated there was an existing house on an adjacent lot that had this particular pillar design and they believed this demonstrated that it met the intent of the hillside guidelines in respect of minimizing grading, protecting trees and blending into the hillside. Mr. Hinkle reported that the applicant had been careful with color selection, and being a CorTen material, which turns into a rust color, would blend into the hillside. He noted that the applicant had prepared photographs depicting how the house would appear against the hillside. Mr. Hinkle stated that the basic exception request to the guidelines was for the 20 -foot maximum wall height for the lower elevation. In response to Mayor Boro's comment, Mr. Hinkle stated there was also a requirement to the effect that development cannot take place within 100 vertical feet of a ridgeline unless an exception could be made. He explained that the Ridgewood subdivision sits above this particular ridgeline; therefore, it is not a pristine ridgeline as existing homes are located on top of the ridge. He noted that homes are also built below it. Mr. Hinkle commented that these requests go before the Planning Commission and usually not before the City Council; however, the exception request was the reason it was being reviewed by the City Council this evening. Mayor Boro indicated he was finding it difficult understanding the impact of this building and how it would be perceived from a distance. Mayor Boro declared the public hearing opened. Brent Dickens, Applicant, Architect and co-owner with his wife, stated he, himself, intended to build this house, as he had the others. From drawings included in this evening's material he identified the existing buildings on Ridgewood, with the current proposal depicted as Lot 2. He confirmed that Lot 1 was approximately 50 feet down from the ridgeline with Lot 2 an additional 30 or 40 feet. He noted Lot 3 was of similar height to Lot 2. Noting the comment that this was not a pristine ridgeline and other intrusions had been made, Mayor Boro inquired as to the impact. Using a photomontage, Mr. Dickens identified the existing homes along the ridge, those he had built, superimposing the proposed residence. Mayor Boro recalled years ago driving around San Rafael, looking at ridgelines and discussing what would be protected and preserved and he inquired where the visual impact would be most prevalent. Mr. Hinkle indicated the best visual impacts would be from the Civic Center, looking past Los Ranchitos. Mr. Dickens demonstrated this to the City Council by means of photographs and confirmed they were to scale. With regard to the landscaping, Councilmember Cohen noted there were trees around the previous houses and he inquired whether Mr. Dickens anticipated this with this house over time. Mr. Dickens responded affirmatively, and explained that in addition to new trees, no existing trees would be removed, noting the houses were very well screened and the copper color would be tarnished. Mayor Boro inquired whether there were any requirements for planting of screening. Mr. Hinkle stated that basically from the Design Review Board and Planning Commission's perspectives, they believed that because of the material selection it would blend into the hillside, with very little visibility. He confirmed for Mayor Boro that the lower portion had existing trees and the portion the applicant proposes to build was the only bare portion of the entire lot. He indicated there would be no tree removal, the slope going down the lot was relatively severe and the remaining portion would be all trees. Mr. Hinkle believed there also was an open space surrounding this parcel, below and to the right. He indicated that staff had not required any additional landscaping because of the height of the house. SRCC Minutes (Regular) 08/04/2003 Page 22 SRCC Minutes (Regular) 08/04/2003 Page 23 Mayor Boro inquired whether the pillars would be covered by the natural existing growth. Mr Hinkle confirmed that the pillars would be surrounded by the existing ground cover and the ground portion would not be visible. Mr. Dickens displayed a photograph and explained that the existing Bay trees, which predominate would be put under irrigation and would grow rapidly. Mayor Boro stated that even to go down a further 20 feet to get within the 100 -foot setback, the impact would remain and could probably be more as trees would need to be removed. He believed this was an important finding and the reason this exception had some merit. Mr. Dickens stated that although the site is over an acre, there is a rather small clearing, as depicted on the Site Analysis on sheet 2, that would permit the preservation of all the trees. There being no further comment from the audience, Mayor Boro closed the public hearing. Recognizing that the homes on Ridgewood were constructed on the ridgeline prior to 1991, Councilmember Phillips inquired whether there was an expectation of the neighbors on Ridgewood that since there is now a Ridgeline Ordinance there would be no construction below them. Mr. Hinkle stated they had been involved with this process when the lower house was built. He indicated that the actual house had a lot more discussion in respect of neighbors; however, even the homes on Ridgewood had to go through this process because they are on top of the ridge and have more ridge issues. He indicated that because their houses are built on a flat lot, the top of the ridge having been graded, a lot of the requirements for the hillside overlay district do not apply; however, they still have to go through the design review process simply because they are on a ridge. On reading the minutes again, Councilmember Phillip stated it appeared as though there was a transformation. He indicated that early on there was a reluctance and later some acceptance of the project, and while persuaded to some degree by the Planning Commissioners and the process they went through to reach their conclusion, he stated he was still troubled by the size of the home and infringing upon the ridgeline standards in place bothered him. Councilmember Phillips stated he was torn between the respect he had for the Planning Commission and the process they went through and the principle established with regard to the integrity of the ridgeline, even though in this case, it is houses which mitigated that concept to some degree. Mr. Hinkle stated that with respect to the review by the Design Review Board, that question arose and he believed that through discussion they believed that in order to avoid ridgeline development and maintain the 100 vertical feet, they would have to conduct substantial grading and tree removal which would have a much larger impact, compared to the proposal, and this was why they felt comfortable with allowing the development within 100 vertical feet. Councilmember Phillips expressed thanks for Mr. Hinkle pointing this out. Noting the presence of houses above and around the project, Councilmember Heller believed it would not be too out of place there. She stated that to carry out grading and removal of trees would allow it to be moved down; however, the product would not be as good. Councilmember Miller concurred, noting Lot 3 was gorgeous. He stated he understood the use of the colors especially here because it was unnecessary to do so much degradation of the area by avoiding removal of trees, etc. He believed it blended in very nicely and he was comfortable with it. Although he felt strongly about the hillside design standards he believed this met the intent and he considered the product extraordinary. Councilmember Cohen noted Commissioner Paul's comment that this is a perfect example of how ridgeline design guidelines are not always the best type of design given the situation. He stated Council had seen a demonstration of how the intent had been achieved by a design that varies somewhat from the standards. He noted Commissioner Kirchmann also pointed out that given the condition of the lot, blind obedience to the standards would produce a worse result that would not be consistent with the intent of the hillside design guidelines. Councilmember Cohen indicated he was still not persuaded that the hillside design guidelines should be modified or overturned; however, in this instance, the exception appeared to be justified. Mayor Boro noted from the minutes that Mr. Dickens indicated he would "probably die in this subdivision." He also noted that one of the Planning Commissioners indicated Mr. Dickens added that the "rules could be broken." Mayor Boro stated he did not believe the rules were being broken because another Planning Commissioner indicated an exception was being supported, and he confirmed the City Council had the ability to make an exception. SRCC Minutes (Regular) 08/04/2003 Page 23 SRCC Minutes (Regular) 08/04/2003 Page 24 Mayor Boro stated this was a good example of why he favored staff presenting these drawings three dimensionally in the future; thereby, affording Council a better sense of the impacts from different perspectives. He believed the whole issue of the hillside ordinance was to protect the view shed from a distance and having seen this he was convinced it was the way to go as by going down 20 feet would cut more vegetation, resulting in a bigger blight. Mayor Boro reiterated that it would have been helpful to have had staff's independent appraisal. He believed the City was not breaking the rules; a finding would be made on exceptions which he believed was justified based on the alternatives. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution approving the project, with findings. RESOLUTION NO. 11398 — RESOLUTION APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED02-165), TO ALLOW THE CONSTRUCTION OF A 6,490 -SQUARE -FOOT SINGLE- FAMILY HOME LOCATED IN A HILLSIDE RIDGELINE AREA AT 200 OAK VIEW DRIVE (APN 010-360-02) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. Public Hearing — CONSIDERATION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO INCREASE/DECREASE THE ANNUAL HOUSING INSPECTION PROGRAM FEES FOR APARTMENTS (3 OR MORE UNITS) AND HOTEL/MOTEL ROOMS (WITH 6 OR MORE GUEST ROOMS) (MS) — File 9-10-2 x 13-16 x 9-12 Assistant City Manager Ken Nordhoff reported this item was briefly reviewed this evening when evaluating the Master Fee Schedule in Study Session. He indicated that Dennis Shives, Assistant Director, Finance, had generated the rate structure for the Apartment and Hotel Inspection program, noting that this was the first time staff had had a chance, after a couple years of doing this, to look at the cost of service. Referring to the attachment comparing the fees currently with those proposed, Mr. Nordhoff explained that the base fee for hotels dropped from a $342 level to $191 and the per unit charge was reduced from $7.11 to $5.15; therefore, the fee rate structure for hotels goes down across the board regardless of the size of the facility. Mr. Nordhoff reported that likewise, the Apartment inspections were also $342 and the same $7.11 rate per inspection over ten units. On going through a discussion of this service with the Code Enforcement staff, he indicated it became clear staff wished to begin charging on a per unit basis for three and over, regardless of the size of the facility; therefore, that was part of the rate structure and the per unit rate would actually increase to $9.50 per apartment. Mr. Nordhoff indicated that more time is spent in apartments than hotels, which probably appeared intuitive as typically the same items are not in hotel suites as would be found in homes, in terms of safety and health. Mr. Nordhoff stated the rate structure for the coming year needed to be memorialized this evening and sent to the County to be in concert with their schedule to get it on the property tax bills. Mayor Boro declared the public hearing opened, and there being no comment from the audience, closed the public hearing. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 11399 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO INCREASE OR DECREASE ANNUAL HOUSING INSPECTION FEES FOR APARTMENTS (3 OR MORE UNITS) AND HOTEL/MOTEL ROOMS (WITH 6 OR MORE GUEST ROOMS) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 08/04/2003 Page 24 SRCC Minutes (Regular) 08/04/2003 Page 25 31. Public Hearing — CONSIDERATION OF AN ORDINANCE TO AMEND SECTION 6.10.010 OF CHAPTER 6.10 OF THE SAN RAFAEL MUNICIPAL CODE ("ANIMALS"), TO INCORPORATE THE REVISED MARIN COUNTY ANIMAL CONTROL CODE (CM) - File 4-13-54 x 13-3 Assistant to the City Manager Lydia Romero reported that this proposed ordinance would amend chapter 6.1 of the San Rafael Municipal Code which relates to regulation of animals. She indicated that the proposed ordinance would amend the Municipal Code to adopt the County Animal Control Code. She explained that in June of this year, the County Board of Supervisors passed revisions to their Animal Control Code which the City would adopt; these revisions are largely procedural, making the County Code more current. In addition to the County's language, Ms. Romero reported that staff added two new sections: 1) Should there be conflicts between the County Animal Control Code and San Rafael's, the City's Municipal Code would supersede this; and 2) The provisions of the Code are cumulative and do not replace any other remedies under the City's Code. Ms. Romero stated that as a member of the Animal Control JPA, the City is obliged to adopt the revised County Code and staff recommended approval of the ordinance. Mayor Boro declared the public hearing opened, and there being no comment from the audience, closed the public hearing. The title of the ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 6.10.010 TO ADOPT BY REFERENCE, WITH APPROPRIATE MODIFICATIONS, THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE AS RECENTLY AMENDED, AND SECTION 6.10.050 PRESCRIBING THE APPLICABLE PENALTIES FOR ANIMAL CONTROL REGULATION VIOLATIONS" Councilmember Phillips moved and Councilmember Heller seconded, to dispense with the reading of the ordinance in its entirety, and refer to it by title only, and adopt Charter Ordinance No. 1809 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 32. CONSIDERATION OF CITY MANAGER'S COMPENSATION AND RECEIPT OF RECOMMENDATION FROM SUBCOMMITTEE CONCERNING SAME (CA) — File 9-3-11 x 7-3 x 9-1 Mayor Boro announced that the City Council appointed Councilmember Cohen and himself to review the City Manager's compensation and Councilmember Cohen would now present their recommendation. Councilmember Cohen reported that Mayor Boro and he discussed the issue and what approach was appropriate in light of the City's economic situation. He indicated they met with Mr. Gould and reviewed some suggestions he offered for a variety of ways to approach the issue. In light of the City's economic situation, however, also in light of the City Manager's continued excellent performance on behalf of the City and its residents, Councilmember Cohen believed the following recommendation to be appropriate: • A 2% salary increase - cost of living increase consistent with that given to other senior management and department heads; and • Consistent with the City's contract with Mr. Gould, which includes a performance clause that allows for 7% of salary to be pay for performance, and in light of the Council's recently completed performance evaluation, Mr. Gould to be awarded the 7% as a reflection of his continued excellent service. Councilmember Cohen stated that a part of the Council's goals for Mr. Gould's compensation they chose not to address this year was the issue of compaction with the department heads who report to Mr. Gould. He indicated they did not feel it appropriate to go beyond the cost of living salary adjustment proposed in light of the City's economic circumstance. SRCC Minutes (Regular) 08/04/2003 Page 25 SRCC Minutes (Regular) 08/04/2003 Page 26 Also, as discussed with Mr. Gould, Councilmember Cohen stated that should the City find itself in a situation where the budget required cuts in compensation to City employees, the expectation was that Mr. Gould would be included in that process. Councilmember Cohen moved the recommendation. Seconding the motion, Mayor Boro concurred with Councilmember Cohen's comments, noting in particular, that the fact there is a performance contract with Mr. Gould means his pay is at risk at a certain level. The bonus is a one-time annual award, and in years past was not for the full amount. Mayor Boro stated that this year, the Council felt from his performance review that he had more than met expectations; Mr. Gould had done an outstanding job for the City and Mayor Boro believed his contract needed to be honored. He also believed that the 2% was appropriate in light of the department heads' compensation and he congratulated and thanked Mr. Gould. Councilmember Heller stated she appreciated the work of the subcommittee, noting it takes a lot of thought and work. She believed they came up with a very good solution and she was quite pleased with it. Councilmember Phillips concurred and stated that Mr. Gould's performance was truly outstanding. He appreciated the service provided to the City and Council by Mr. Gould and the staff under his supervision and congratulated and thanked him. Councilmember Miller congratulated Mr. Gould on an outstanding job, which he believed boded well for the City as it navigated through difficult times. He noted particularly that what Mr. Gould had done in the past year to get the City moving in the right direction was exceptional and he looked forward to the future, thanking Mr. Gould. The City Clerk confirmed there was a motion and a second on the floor. (Councilmember Cohen moved and Mayor Boro seconded the motion.) CITY MANAGER ROD GOULD TO RECEIVE A 2% COST OF LIVING INCREASE AND A 7% AWARD OF PAY FOR PERFORMANCE AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Gould stated he wished to express again that Council's continued trust and confidence were the greatest reward. He indicated it was an extraordinary privilege and pleasure to work with the caliber of staff he served with, and to serve this City Council. He commented that the extra compensation was also very much appreciated and he thanked the City Council for the vote of confidence. COUNCILMEMBER REPORTS: 33. None. There being no further business, the City Council meeting was adjourned at 10:53 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12003 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 08/04/2003 Page 26