Loading...
HomeMy WebLinkAboutCC Minutes 1991-04-01SRCC MINUTES k'Regular) 4/1/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, April 1, 1991, at 7:00 P.M. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a 1. Discussion of Litigation and Labor Negotiations. No. 91-5(a) - #7 No. 91-5(b) - #2 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 1, 1991, at 8:00 P.M. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk RE: INTERVIEWS OF APPLICANTS TO FILL ONE VACANCY ON THE FIRE COMMISSION - FILE 9-2-5 Mayor Mulryan announced that the Council had held a special meeting earlier in the evening to interview candidates for the opening on the Fire Commission, and had reappointed Jeremiah Sweeney. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of March 18, 1991 (CC) 3. Call for Applications Due to Expiration of 4 -Year Terms on: a. Board of Library Trustees - Three (3) Members: - File 9-2-3 Elizabeth H. Grasham John R. Haeuser George Walton b. Cultural Affairs Commission Two (2) Members: - File 9-2-24 James Boughey Fred Dekker 4. Resolution Authorizing Execution of Agreement with Harry Murphy + Friends for Design Services for Repainting and Signage of Parking Structures at Fifth and "C", and Third and Lootens Place (PW) - File 4-10-253 6. Report on Bid Opening and Award of Contract - 1991 Street Resurfacing Project (PW) - File - 4-1-442 RECOMMENDED ACTION Approved as submitted. Called for applications & set Special Meeting for 6:00 P.M., May 6, 1991 in Conference Room 201, City Hall, to interview applicants for appointment/ reappointment to Board of Library Trustees and Cultural Affairs Commission. RESOLUTION NO. 8357 - ACCEPTING PROPOSAL FROM HARRY MURPHY AND FRIENDS FOR DESIGN SERVICES FOR REPAINTING AND SIGNAGE OF PARKING STRUCTURES AT FIFTH AVENUE AND C STREET AND THIRD STREET AND LOOTENS PLACE ($10,385) RESOLUTION NO. 8358 - AWARD OF CONTRACT (for Street Resurfacing Project 1991, Project No. 006-406218000, to North Bay Construction, Inc., low bidder, in amount of $434,367.27) SRCC MINUTES (Regular) 4/1/91 Page 1 SRCC MINUTES (Regular) 4/1/91 Page 2 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1602 - An Ordinance of City of San Rafael Rezoning Certain Property from the the City of San Rafael/Zone PCM-NG(I-33) (Planned Commercial and Light Industrial District - Northgate Activity Center Overlay District (Industrial - 33 Peak PM Trips) to PCM -NG (Planned Commercial and Light Industrial District - Northgate Activity Center Overlay District) (4300 Redwood Highway), AP 155-110-06 (P1) - File 10-3 9. Approval of 3 -Year Contract for Audit Services for Fiscal Year 1990/91 (Fin) File - 8-1 11. Approval of Contract with Towill, Inc., to Prepare Base Maps for St. Vincent's/ Silveira Opportunities & Constraints Analysis (P1) - File 4-3-237 x 115 x 9-2-45 12. Approval of Contract with Towill, Inc., to Prepare Draft Zoning Maps of City Neighborhoods (Pl) - File 4-3-238 x 115 13. Resolution of Appreciation to Jean Freitas - 1991 City of San Rafael Employee of the year - File 102 x 7-4 16. Claim for Damages: a. Michael G. Kleinman Claim No. 3-1-1525 (PW) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Approved final adoption. RESOLUTION NO. 8359 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMEN! (W/C. G. Uhlenberg Audit Services for 3 -Year Period, subject to approval b) City Attorney) RESOLUTION NO. 8360 - APPROVING A $6,000 CONTRACT WITH TOWILL, INC., TO PREPARE ST. VINCENT'S/SILVEIRA TOPOGRAPHIC BASE MAPS RESOLUTION NO. 8361 - APPROVING A $5,400 CONTRACT WITH TOWILL, INC., TO COMPLETE PREPARATION OF DRAFT ZONING MAPS (for 20 City Neighborhoods) RESOLUTION NO. 8362 - RESOLUTION OF APPRECIATION (To Jean Freitas, Principal Planner) Approved Insurance Consulting Associates, Inc. recommendation for denial of Claim a. Thayer & Mayor Mulryan Councilmember Shippey announced that he must leave the meeting at 9:00 P.M., due to a commitment. The following items were removed from the Consent Calendar for discussion: 5. RESOLUTION ACCEPTING PROPOSAL FROM INFRASTRUCTURE MANAGEMENT SERVICES FOR UPDATING PAVEMENT MANAGEMENT PROGRAM (PW) - File 4-10-201 Councilmember Breiner expressed concern about the costs, and noted that the proposal includes software as well as hardware. She inquired if the $1,500 for a two-day return training visit is a given or could that amount possibly be saved. City Manager Nicolai stated that the two-day return depends on whether the staff feels comfortable that they understand how the system is working. She stated that the signal system is reaching capacity to handle all of the data, and that is the reason for the recommendation to get a separate computer to handle the Pavement Management Program. She stated that eventually the Pavement Management System can coordinate with the City's Mapping System which will include the storm drains, sewers and similar information. She stated she feels that the cost of this hardware is minimal compared to the potential benefit. Public Works Director Bernardi added that this becomes part of the central component within the system. Councilmember Boro stated that the idea of subscribing to the maintenance in order to keep the software current should be endorsed conceptually tonight, and have it brought back at the appropriate time next year. Ms. Nicolai pointed out that this proposal covers this year and next, so it would be in subsequent years that it would come up as an annual request. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution as recommended: SRCC MINUTES (Regular) 4/1/91 Page 2 SRCC MINUTES (Re_ular) 4/1/91 Page 3 RESOLUTION NO. 8363 - ACCEPTING PROPOSAL FROM INFRASTRUCTURE MANAGEMENT SERVICES FOR UPDATING PAVEMENT MANAGEMENT PROGRAM FOR ANNUAL STREET RESURFACING IN AMOUNT OF $14,300 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. STATUS REPORT ON CITY BASE MAPPING SYSTEM (PW) - File 9-3-40 x 11-1 x 12-6 x 12-9 Mayor Mulryan inquired if, when staff is looking at actual data now, are they using digitized information or are they still using paper products. Mr. Bernardi responded that at this point they are still using paper products more than the digitized information. He stated that with an in-house plotter they will be able to reproduce all of the information themselves, and have the information necessary for all of the user departments. He referred to a graph prepared by Lloyd Strom, Assistant Public Works Director, to illustrate how the system will work, and added that more City functions will be added. Mayor Mulryan inquired if, by using this system, the waste water and fresh water lines can be located. Mr. Bernardi responded that it is easier to go out and locate them physically in the field rather than giving someone a map. Mayor Mulryan inquired about the tolerance for error in this system. Mr. Bernardi stated it is not so much tolerance for error as what kind of information is required and how it will be used. He gave as an example the matter of looking up information on a given parcel, and there would be the various layers with zoning information on one, another layer which dealt with hazardous materials and whether there has been any stored on the site, what kind of fire inspections have been made, and similar information, so any department could look up their pertinent information. Councilmember Breiner inquired about the cost to the City to include the unincorporated areas within the planning sphere of influence, and why is it included. Ms. Nicolai responded that Items 11 and 12 on tonight's agenda involve some of the unincorporated areas, and noted that the St. Vincent's/Silveira area is significant at this time. She stated there will not be digitized mapping on the majority of the property, noting that a considerable amount is wetland. She stated the balance of the unincorporated areas have not been included in this project, but the St. Vincent's/Silveira information will be that which is required in connection with the Advisory Committee. Councilmember Thayer stated this is an excellent program, and noted that what seems to be emerging is the necessity for a geographical information system. She asked if this would entail further cost to the City, on top of the base mapping. Mr. Bernardi explained that as staff proceeds with building up the Geographical Information System (GIS), there will be costs to digitize the information, put it into computer form and enter it into the data base. He stated there will be field location costs. Ms. Nicolai added that the total cost will be significant, but it will occur over a period of years. Mr. Bernardi added that in the Terra Linda area they will be able to digitize information from the as-builts, but the field work will be necessary in the older part of San Rafael. Councilmember Boro noted that the unincorporated areas are included in the base map, and that Items 11 and 12 are requesting initiation of action in those areas, although nothing has been done thus far in unincorporated areas, and will be done only on an "as needed" basis. He stated that Pacific Bell has the entire State in grid form, and PG&E probably does also, and recommended staff correlate with them since they could probably be of assistance. Mr. Bernardi stated they have some poles already located, and will verify them with the utility companies, to make sure they correspond. Councilmember Breiner moved and Councilmember Boro seconded, to accept the report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 4/1/91 Page 3 S,RCC MINUTES (Rec ir) 4/1/91 Page 4 10. RETIREMENT PLAN ALTERNATIVE TO SOCIAL SECURITY (Pers) - File 7-1-36 The Council considered a staff report indicating that beginning July 1, 1991, according to recently enacted Federal legislation any employee not covered by a retirement plan (Marin County Retirement System for the City of San Rafael) is required to be covered by a qualified retirement system. The report noted that Social Security is one method of meeting this IRS mandate and carries with it a cost of 6.2%, (excluding the 1.45% for Medicare for all new employees) to the employer as well as to the employee. The report stated that staff has recently become aware of the PARS plan option offered by the Joint Powers Employee Benefit Authority. Under this plan, the employer -only contribution can vary, usually based on employee turnover rate and average annual wages. With a 1990 calendar year expenditure of $1,449,235 for the hourly/contract payroll, consisting of non -Marin County Retirement System enrolled employees of the City, staff is recommending a 4.0% employer -only retirement benefit contribution. The report stated that based upon the 1990 calendar year payroll expenditure this would represent a $57,970 cost; but an annual $31,883 savings from Social Security costs. It was noted that this should be considered a minimum for purposes of budget projections as the requirements for IRS qualified retirement plans are not yet fully defined. Given the vesting requirements of PARS and a high turnover rate in hourly employees, it is anticipated that if implemented, PARS could become a self-sustaining program in five to ten years. In order to start the process for enrollment in PARS a $1,575 commitment is required, with part of the implementation fee ($825) being nonrefundable and is payable upon return of the Engagement Letter to PARS and the remaining amount payable upon adoption of PARS by the City Council. The funds are availablle in the Personnel Office's Contract services budget to pay the $1,575 fee. Councilmember Breiner stated her concern about the ability to monitor the PARS program, and noted that Social Security is well established. Mayor Mulryan inquired as to how soon this would take effect, and Personnel Officer Chandler responded that if the Council adopts the plan tonight, staff would continue to explore it further and would come back with a Resolution in four to six weeks. He noted that by approving the PARS plan tonight the Council would be committing the $825. Councilmember Thayer inquired if this plan has the same benefits as Social Security, and Mr. Chandler responded that the initial plan does not, but that requirements can be written into the plan. He noted that he has not yet gone to MAPE (Marin Association of Public Employees), but that their Child Care Unit would be the only group he would discuss this with. Ms. Thayer clarified that this would save the $31,000 double taxation we pay for FICA now, and Mr. Chandler replied in the affirmative. City Manager Nicolai stated that staff is asking whether the Council wishes staff to pursue this option, noting it is not solid enough at this point to meet and confer with MAPE. She noted that the Child Care Division is structured in such a way that they are contractual employees, partly because including them in the retirement system is so astronomically costly that the program cannot cover itself. This would mean increased fees to the user group and/or a direct 6% cut in the take-home pay of those employees. She stated that part of the reason for trying to find alternatives is to keep the cost of the program down for the users, as well as reducing the potential impact for the employees' take-home pay. She noted they are a low -paid classification. Councilmember Boro inquired if all of the City employees are covered by the Marin County Retirement System, and Mr. Chandler responded that in order to be covered by the County Retirement System you have to work the equivalent of 75%, which works out to be 30 to 32 hours a week. He noted this would cover not only the Child Care Unit, but all of the parttime and seasonal employees. Mr. Boro stated that, since the coverage is mandatory, if the City goes with Social Security there will be an impact on the employees' take-home pay as well as the City's contribution, and under PARS there would be less impact for both employer and employee. Mr. Chandler responded that there is an error in the staff report, and it should read "employer only" contribution, since there would be no contribution on the part of the employee and, in turn, the City's contribution would be lower than for Social Security. Councilmember Shippey inquired if there are any other options, and Mr. Chandler responded that this is an annuity program run through PARS by Hartford, so conceivably there could be other insurance companies working on similar programs which are not as far along as PARS. Mr. Shippey inquired about being locked into the program r._ 'nto Social Security. Mr. Chandler stated that as of July 1st the City would b in� Social Security for non -Marin County retirement. Councilmember Shippey moved and Councilmember Thayer seconded, to explore PARS further and adopt the staff recommendation to send PARS an Engagement Letter with a $825 fee. SRCC MINUTES (Regular) 4/1/91 Page 4 AYES: COUNCILMEMBERS: Boro, Shippey, NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Re5 ar) 4/1/91 Page 5 Thayer & Mayor Mulryan 14. RESOLUTION DESIGNATING APRIL 21, 1991, AS EARTH DAY MARIN COUNTY (CM) - File 104 Councilmember Thayer expressed concern about the request from this group about closing half of the street for a parade, in view of the potential safety hazard. City Manager Nicolai stated she has had difficulty with this group in pinning down the scope of their proposed event. There is also the cost of traffic control to be considered. She stated she is trying to get facts about the magnitude; also, to what degree the Council would want to cosponsor which would be difficult to determine without knowing the expenses involved. She stated she would like a policy statement on what events the City would, in effect, cosponsor by not charging for the expenses to the City. She estimated it would take a little over $600 in Police time to monitor the parade and escort it to Albert Park. She stated that if it grows, and involves more staff time, she would need authorization to accommodate the event if it gets bigger and becomes more expensive. Ms. Thayer inquired if the group has indicated they would defray any of the costs. Ms. Nicolai responded she has told them the City would want them to do that but has had no response, and it is difficult with so many things unresolved and difficult to pin down. Mayor Mulyran stated that the issue before the Council at this time is designation of Earth Day. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution designating April 21, 1991, as Earth Day. RESOLUTION NO. 8364 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL IN SUPPORT OF EARTH DAY MARIN COUNTY, APRIL 21, 1991 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Boro recommended that, in order for the City Manager and Chief of Police to be able to plan for this parade, the Council go on record urging the organizers of the parade to as quickly as possible give the specifics of what they are requesting so it can come back to the Council for discussion of the costs. Mayor Mulyran stated the organizers should understand that the City does not, and has not, had an open checkbook. He said the City can cooperate as it has in the past, and perhaps half of the street would work since he does not anticipate the parade being that big. Ms. Thayer stated that there have been instances in the past where there was a safety hazard with half street closures. Police Chief Ingwersen informed the Council that there have been many parades in the City with no problem, but they have to close streets in both directions, and the cross -streets also. Councilmember Breiner asked that staff come back at the next meeting with more information. Ms. Nicolai responded that would be close to the date of the event, but if there is a problem she will come back to the Council. 15. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 City Manager Nicolai recommended to the Council that they support SB 82 (Kopp), Property Tax: Change in Ownership; SB 445 (Deddeh), Statutes of Limitation: Action by State: Asbestos; and to oppose SB 203 (Maddy), Local Government Financing. The Council indicated they would like more information on SB 82, and asked that it come back before them. Ms. Nicolai referred to a letter just received from the Town of Fairfax regarding AB 504 (Filante) for increased penalty for trespass on the bridges. She stated she will have more information on this Bill at the next meeting. Councilmember Boro moved and Councilmember Shippey seconded, to oppose SB203, and support SB 445. SB 82 to come back with more information. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 4/1/91 Page 5 SRCC MINUTES (Rec !Zr) 4/1/91 Page 6 17. PUBLIC HEARING - s89-29 - APPEAL OF PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION AND TENTATIVE MAP FOR A FOUR -LOT SUBDIVISION: LINDEN LANE AND NEWHALL DRIVE: WILLIAM MOOREHOUSE/EDWARD NICOLAUS, APPLICANT: PAUL DAVIDSON/LINDEN LANE NEIGHBORHOOD ASSOCIATION, APPELLANT: AP 15-051-41 (Pl) - File 5-1-319 Mayor Mulryan declared the Public Hearing opened, noting it had been continued from the previous meeting due to late receipt of materials from the appellant. Sheila Delimont, Principal Planner, summarized for the Council stating that the Planning Commission, on January 15 of this year, had certified the Negative Declaration by a vote of 7-0, and approved the four -lot subdivision. She stated that staff had analyzed the recent material received, and also the slides to be presented tonight, and the staff report includes that analysis. She added that staff has also prepared their own visual analysis, and referred to a board with photographs of homes in the area and also view of the subject property, which will be part of the record. She stated that the Planning Department strongly supports the Negative Declaration which has been prepared. Bill Tuikka, Associate Planner, briefed the Council on the project, giving an overview dating back to March of 1989 for the three -lot subdivision on a 3-1/2 acre site on Linden Lane. He stated that the project before the Council tonight is Parcel 3 of that subdivision, which is located between Linden Lane and Newhall Drive and is 1-3/4 acres in size. He stated the current proposal is for a four -lot subdivision with lots ranging from approximately 15,000 sq. ft. to over 26,000 sq. ft. in size. He stated that the parcels are consistent with the surrounding neighborhood in terms of density and design, and comply with the applicable General Plan Zoning and Development policies which are in effect at the present time. He noted that a complete description of the project and of the Planning Commission's action in January 1991 have been furnished to the Council. Mr. Tuikka then reviewed the five major issues in the appeal, and gave the staff's rebuttal to each. He noted the five issues are: 1) A Master Plan should have been prepared; 2) There is inadequate documentation in the record to support a Negative Declaration; 3) There are potential significant impacts on the environment; 4) General Plan consistency; and 5) Appellants' support of a two -parcel development. Mr. Tuikka noted that the Planning Commission had approved conditions of approval the same as for a Master Plan. He added that the slides presented by the appellant fail to take into account that the closest proposed dwelling is 130 feet from the historic mansion at 201 Linden Lane, and approximately 120 feet from 202 Linden Lane, another historic house in the neighborhood. He stated there is a significant amount of vegetation for screening between the lots. He added that other historically significant dwellings noted by the appellant are even more distant from the proposed subdivision and, except for two houses on Grand Avenue, are not contiguous to this subdivision. He noted that the visual analysis by the appellant failed to show that most of the houses in the area are smaller houses on smaller lots. He stated that these smaller homes have a variety of styles, and they really establish the character of the neighborhood. Mr. Tuikka stated that the slides show a significant amount of tree removal which is unlikely because of the Vegetation Management Plan and a Conservation Easement and two-for-one tree removal and replacement, will result in the retention of a significant amount of existing vegetation. With regard to the completion of offsite improvements, revised conditions of approval Nos. 47 and 58, allow the improvements to be installed in Linden Lane, since the City Engineer has indicated that the conditions can be modified without modifying the Negative Declaration. Mr. Tuikka stated that staff recommends that the Council deny the appeal and uphold the Negative Declaration. He stated that evidence in the record supports findings that the site is suitable for the four lot subdivision. He stated that based on Section 65589.5 of the State's Planning, Zoning and Development Rights, if the Council wishes to deny the subdivision or approve it at a lower density, it would be required to base its decision on written findings supported by substantial evidence on the record that: 1) The project would have a specific adverse impact on public health or safety unless the project is disapproved or approved at a lower density; and 2) That there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified above other than disapproving or approving at a lower density. Ms. Delimont added that the appeal is focusing primarily on aesthetics and historical impact. On the checklist, the specific question regarding aesthetics reads, "Will the proposal result in obstruction of any vista or view open to the public or will the proposal result in the creation of an aesthetically offensive sight open to public view". She noted that this area is not shown in our General Plan as any kind of public view point. She added that the guidelines regarding historic structures state that you would have to make a finding if it would eliminate an example of a major period of California history. She stated that is not the case here. She stated a finding on aesthetics would have to state that it has a demonstratable negative effect. SRCC MINUTES (Regular) 4/1/91 Page 6 SRCC MINUTES gular) 4/1/91 Page 7 Councilmember Thayer inquired about the trees, and how many are diseased, and what species. Ms. Delimont responded that the Arborist's report lists the trees. She added that the Arborist recommended that other trees be planted to replace the diseased trees, and noted that all areas outside the building envelopes would be in a Conservation Easement. All landscaping would have to go before the Design Review Board with a revised Arborist's report. Councilmember Breiner inquired when was the Arborist's report done, and Mr. Tuikka responded it was October 14, 1990. Ms. Breiner noted that after the freeze there would be more dead trees. Attorney Ann Cole, representing the Linden Lane Neighborhood Association, thanked the Council for the continuance of the hearing to allow the neighbors to assemble the material. She added they have also prepared a slide presentation. With regard to the time frame of the approval process, Ms. Cole stated that all that is required is that it be started, and that with regard to the 30 day period, the City is not obliged to approve the project on that basis. Ms. Cole then stated that the findings based on Government Code Section 65589.5 do not apply, since they refer to low and moderate income housing, and this is not that kind of project. She stated they still contend that the project is not consistent with the General Plan. She stated all the Council needs is to find a fair agrument that there may be a substantial environmental impact, in order to deny the Negative Declaration. Ms. Cole stated that the neighbors do not oppose a development, but would settle for two homes, noting they are not here to oppose the project completely. She stated the neighbors do not oppose the three -parcel subdivision, but are asking the Council to consider the cumulative effect. She stated that 145 Linden Lane is part of two phases of essentially the same subdivision. With regard to visual distances, Ms. Cole stated this is a lovely neighborhood with homes over 100 years old, and she feels that there is intent to mislead the neighbors with a piecemeal development. Ms. Cole disputed there is adequate documentation to support a Negative Declaration. (Councilmember Shippey left meeting.) Ms. Cole then addressed the Hydrology, citing offsite drainage problems on Newhall Drive. She stated the applicant needs consent of the property owner to provide it, and he may not be willing to compromise on that point. Therefore, the City would have to have condemnation proceedings. Ms. Cole stated that the neighbors are willing tonight to accept lower density to two houses. She cited the Goodrich Traffic Study, which states that an additional 10 trips on Newhall Drive would be a significant impact. She then discussed the visual and aesthetic impact, and showed several boards with photographs of historical homes as well as others in the neighborhood. She stated that Design Review may be fine for some processes but would not be enough to reduce the impact of these homes to insignificance. She stated that the four homes would go in a wooded area, and it would be difficult to tell how many would have to be removed and how long it would take for the new trees to grow. David Gillespie of Novato showed slides, consisting of a map of the proposed four -lot subdivision with the driveways and building footprints. He then showed views of the area, with added visualizations of how the buildings would probably appear. Mr. Gillespie stressed that two homes would not have the impact of this four -lot proposal. Councilmember Boro pointed out that the staff report indicates that the impact of two homes would be worse than four, because the visibility of the larger homes would be greater as they would be more massive and would require extensive grading, and that tree removal would be similar or perhaps greater. Mr. Gillespie agreed they would be greater in scale, but there would be less traffic impact, which is one of the main issues. There would be none on Newhall Drive. He stated two large houses would lend themselves to a better planting scheme. Mr. Gillespie then went over the points covered by Ms. Cole. SRCC MINUTES (Regular) 4/1/91 Page 7 SRCC MINUTES �gular) 4/1/91 Page 8 Applicant William Moorhouse addressed the Council, stating he is a licensed architect and has been president of a development company for five years. His partner, Mr. Nicolaus, is a licensed landscape architect. He noted their engineering is being done by the reputable firm of Nute Engineering. He stated there are experts working on this proposal. He then described the project in detail, and used the scale model to illustrate. He stated they have studied this very carefully over a period of years, and have met with homeowners throughout the neighborhood as their plans progressed. He stated that four lots could be designed on Linden Lane and one on Newhall, and they decided to have three lots on Linden and the one on Newhall. Mr. Moorhouse noted that the Planning Commission imposed a great number of conditions on the property, and as developers he and his partner have placed building envelopes much smaller than would be allowed. He noted the setbacks are greater than required. He stated he has no objections to the conditions which have been imposed, many of them for the sake of the neighbors. He stated they are required to submit plans to the Design Review Board and they will then go to the Planning Commission; they will also be submitted to the Cultural Affairs Commission. Mr. Moorhouse stated he has an easement on Newhall Drive to provide access and egress, and a driveway with turnaround at the bottom of the property. He noted it is not on a blind curve. He stated that no condemnation is being requested for the drainage, since the pipe can go down Linden Lane to Grand Avenue. He stated there will be no problem with the runoff from the property, and no impact on the neighbors below. Regarding historic structures, Mr. Moorhouse stated you cannot visually see his property from any of them. He stated there is quite a mix of homes in the area, from quite large to moderate to quite small. He stated that the model is accurate, and shows how the four homes fit into the slope. He noted that the trees on the model are located in accordance with the tree survey. Mayor Mulryan asked Edward Nicolaus, applicant, if most of the Eucalyptus trees on the site survived the freeze, and Mr. Nicolaus replied that they did. He showed a diagram with 72 trees, color -keyed to show which would be removed, some which possibly will be replanted elsewhere on the site. He stated that many of the Eucalyptus are in very bad condition and should be sub -cut to about a 20 -foot height, taking off the heavy top canopy and allowing new growth to start and produce the safety factor. He stated that once they have approval for doing the sub -cutting they will remove the Scotch Broom. He stated they will plant ornamental trees for privacy and shrubbery up to 8 feet in height. Attorney Neil Sorensen, representing the applicants, thanked the staff for the well thought out and thorough analysis of the issues. He stated it is clear from the report that the project is well designed and well thought out and deserves a Negative Declaration. He stated it is clear from the traffic reports that the City's Traffic Engineer and the applicant's traffic engineer submitted that there is hard data to substantiate their findings. He noted that the traffic report from the appellants contains no hard data. He noted that the Sundstrom case, cited by the appellants does not apply in this case. Mr. Sorensen stated that the Design Review Board and the Planning Commission work together on the design review and aesthetics. He noted that there was "poetic license" used in the slide presentation to prove certain points, and it is not an accurate indication of what will go in there. He asked that the Council approve the Negative Declaration and deny the appeal. Paul Davidson of 134 Linden Lane stated that the house which was built at 145 Linden Lane is not at all like it was supposed to be. He stated the neighbors feel that the two houses properly designed would be far more suitable than what is being proposed. Jock Miller of the Dominican/Black Canyon Association, supported the appeal and stated he is concerned about the pastoral setting. He said two houses could be planned more into a native setting without destroying it. Alice Vipiana stated she has lost confidence in both planning and developer because of the history. She stated she wanted to correct the Planning Commission minutes of March 14, 1989. She stated they do not portray the fact that she complimented Mr. Moorhouse for having met with her and that they were very open in showing her the original map. She said it showed the road on which the mansion stood, 145 Linden Lane, one lot on Newhall and three lots on Linden Lane. She said there was a fair amount of correspondence between the Planning Department and herself, in which she mentioned that the applicants were going for as many as 8, and that special attention should be give to this. Ms. Vipiani stated that the minutes had omitted the fact that she said she knew there had been plans to do more on the property and she wanted an encumbrance put on the land so if there was a further subdivision that it only be treated as one subdivision. She stated CEQA (Californiz Environmental Quality Act) does come into play in a larger subdivision. She stated that if and when the other parcel would be divided it should then be looked at as if they had gone for all of them at one time. She stated that Mr. Walz asked the Planning Department if they were going for a seven -lot subdivision at this time instead of the three, would it be necessary to do anything different, and the answer to Mr. Walz was, "No". She stated shE is sorry that the minutes do not reflect that. She also expressed her dissatisfaction with the house at 145 Linden Lane. She stated the blueprints she saw were not the ones from which the house was built. SRCC MINUTES (Regular) 4/1/91 Page 8 SRCC MINUTES k,,egular) 4/1/91 Page 9 Ms. Vipiana stated she does not have the trust about what is going to happen, and she questioned the scale of the model. Councilmember Boro noted that the Council was given a letter this evening, written by the Dominican Neighborhood Association and dated December 30, 1988, unsigned because apparently the second page is missing, addressed to Mr. Tuikka. It says, in part, that ---- "the second of the two remaining parts will be subdivided to contain five sites for expected 2,500-3,000 square foot houses." Mr. Boro read further, "We understand the need for the three part subdivision to provide a way to close escrow on the main house site. We also understand that the remaining sub development will need further planning and consideration of alternatives on the part of the developers. We are assured that the current plan is to provide a way to move ahead in an efficient way, and not an attempt to skirt the Planning Department's requirements, for subdivision of five or more parts". Mr. Boro noted that this letter is on the Dominican Neighborhood stationery, and he mentioned it because one of the issues has been that the neighborhood has been misled and has no knowledge of this plan. Ms. Vipiana stated that is not the letter she was referring to, that she had written one which was very specific and referred to a map which showed two houses on Linden and two on Newhall. She noted that Newhall does not have a fire turnaround. She then noted the buildup in the area, and her concerns about the economic result. David Abel of Linden Lane stated that the reason the neighbors were not concerned previously was because they had understood from the developers that they would be developing 145 and 201 Linden Lane, and that they were going to move the carriage house from 201 Linden Lane down onto their lot and there would be a three unit subdivision. He expressed displeasure about the house at 145 Linden Lane, and noted that it has Scotch Broom which has not be removed. Greq Crawford of 201 Linden Lane noted that in a letter from Homeside Properties to Planning dated February 21, 1991, it was stated that the adjacent neighbors had no objection to this proposal. He informed the Council that he and his wife were required, as a condition of the sale of his property, to sign a statement to not oppose further subdivision of the property in question. He stated that his attorney had advised him not to state anopposition at this time. However, he stated that this does not mean that they are not concerned about the project. Ms. Cole stated that, regarding the Hydrology issue, the applicant has stated that they can take care of the downsite improvements at a later date, and the Sundstrom case specifically states that would be contrary to law. There being no further public input, the Public Hearing was closed. Mayor Mulryan inquired of City Attorney Ragghianti about what findings, if any, would be necessary for the Council to deny the application or to reduce its density. City Attorney Ragghianti responded that Government Code Section 65589.5 was amended by the legislature in 1990 and now there are provisions which deal with disapproval of housing development projects which are affordable to low and moderate income households, and there is also a section which is simply applicable to housing development projects. He stated it is his judgment that this is a housing development project and if the Council was going to reduce the density of the project they would have to comply with this section of the Government Code, which requires that you identify specific impacts based on public health or safety; also, that the Council determines that there is no other feasible or satisfactory measures to mitigate or avoid the impact identified. Councilmember Thayer inquired if this would be true of requiring an EIR (Environmental Impact Report). Mr. Ragghianti responded that those are entirely separate matters, that one issue involves CEQA, and one of several others involves findings necessary when a public entity is confronted with a housing development project. He stated he was speaking only to the Government Code issue, and not to the CEQA issue. Mayor Mulryan noted that it was stated by the appellants that in order to effect the necessary mitigation it would require the cooperation of the neighbors, which is not going to be forthcoming, or eminent domain. The applicant, however, stated that there were alternate means of effecting the needed mitigation. He inquired if this is a violation of Sundstrom. SRCC MINUTES (Regular) 4/1/91 Page 9 SRCC MINUTES (Regular) 4/1/91 Page 10 Mr. Ragghianti stated he does not believe it is, because again there are two separate issues. One has to do with the requirement of the developer that they acquire offsite property for the purpose of meeting a condition. He stated that the City, not the applicant, is required when such a condition is imposed, to go out and obtain by eminent domain or through negotiations the offsite property which serves as a basis for the conditions, within 120 days from the date the Final Map is filed, or the public entity must waive that condition. Mr. Ragghianti stated, however, that he has been advised by staff that two revised conditions, Nos. 47 and 58, speak to the alternative of taking the drainage through Linden Lane. Ms. Delimont stated that when Public Works Department reviewed this originally, they considered that either Newhall or Linden Lane drainage would be sufficient, and the Negative Declaration which was prepared is not specific as to how the drainage would be handled, but that it would be subject to review and approval of the Public Works Department's Civil Engineer. She noted Exhibit 5 to the staff report, which recommended wording of Condition (47), stating that "Offsite drainage improvements will be required on Newhall Drive. Alternately, because Newhall Drive is a private street, if the approval required for installation of a drainage system in Newhall Drive cannot be obtained, a drainage system shall be installed in Linden Lane". She added that Condition (58) would be revised to reflect that Newhall Drive shall be paved to the satisfaction of the abutting property owners and that this shall be agreed to prior to commencement of any work. If no drainage improvements are installed in Newhall Drive, paving of Newhall Drive shall not be required. She noted that the Negative Declaration was based on either of these conditions being satisfactory as reviewed by our City Engineer. Councilmember Breiner inquired of the City Attorney if the Council could legally require of the applicant a Master Plan of the whole area before it was subdivided previously into different parcels. Mr. Ragghianti stated he does not believe so. He stated he had checked with staff and at the time of the initial application to subdivide this property our General Plan specified that a Master Plan would be required only for parcels of five acres or more, and that when the application was made it was for less than that. Ms. Delimont stated that is correct, that with the original subdivision which includes all of this property, it was 3.468 acres. Therefore there is no way it could be mandated. Councilmember Breiner then inquired if staff has verified that the model of the project is truly in scale. Ms. Delimont responded that staff has not scaled it off, and Ms. Breiner requested that it be done as soon as possible. Councilmember Boro stated the reason he had referred to the letter from the neighborhood association is that the proponents attempted to keep everyone informed about the project, and particularly about 145 Linden Lane, but the neighbors did not get what they thought they were getting. He stated he feels that this has affected the neighbors' reaction to the whole development. He stated that unless we can come up with a legal basis on which to oppose this, he is interested in taking a different approach with the development standards of the City. He stated they are very explicit in the report. However, there was something similar for 145 Linden Lane, but once it was developed it was nothing like the expectations of the people. With regard to the Design Review aspect, Mr. Boro stated that if the applicant sells these lots after the subdivision approval, he will be gone and the neighbors will be there, and he would like assurance that what is represented here and in the standards will come to fruition. He stated that the Council, and the neighbors, need a better projected outlook of what these homes will look like. He said he has a concern about the building footprints being exceeded, and feels that the issue is the design standards and how the neighbors could be assured, if the subdivision is approved, that the standards will be properly followed and not have several separate developers coming in within the next few years and not adhering to them. Councilmember Thayer expressed her concern about the large number of trees which will be removed from a relatively small parcel. She noted removal of 34 trees from 1.75 acres, although some of the trees are not desirable. She noted that Lots 2 and 4 are each going to have Live Oaks removed, and those trees take a good deal of time to grow, and are an important environmental factor. She stated she would like to see an EIR because of the numbers of trees which will be removed which will also have an aesthetic impact as well as causing soil erosion. She noted that fewer homes would result in cutting fewer trees. Councilmember Boro noted this would mean a focused EIR on the issue of trees. Ms. Thayer added that because of the drought it would be difficult to replace the trees. SRCC MINUTES (Regular) 4/1/91 Page 10 SRCC MINUT (Regular) 4/1/91 Page 11 Mayor Mulryan inquired what legal right would the Council have to require an EIR, and Mr. Ragghianti responded there is no such thing as a Focused EIR, that it is an EIR on the one issue. Mayor Mulryan inquired about the necessary findings to impose that condition, and Mr. Ragghianti stated the findings would have to state that there was significant environmental concern which has not been mitigated to a level of insignificance. Councilmember Breiner stated that the woodland character of the area is very important. She stated her question about the Eucalyptus trees is because of her concern that there will be more die -off of those trees because they are very stressed. If they are not replaced, that area will look denuded, in addition to those which are programmed to come out. She stated the Design Review could be taken care of in several different ways, but the woodland issue needs attention. Ms. Delimont remarked that an Arborist's report has been prepared and is an attachment to the staff report, and includes details on each tree on the site. She stated that only three trees on Lot 1 are scheduled for removal, and that Lot 3 has nine to be removed. She stated the Negative Declaration was based on the report, and noted that the Coast Live Oaks which may be moved as a result of construction will be transplanted within the site. She noted that there will be a Conservation Easement, and that the conditions require an updated arborist's report at the time of development of each lot. She stated that tree removal will have to be on a parcel -to -parcel basis. Ms. Breiner noted that if some Oaks are transplanted and die they will be replaced on a 2:1 basis, and Ms. Delimont added that the Design Review Board recommends small trees, 15 -gallon size. Ms. Breiner stated that if the 145 Linden Lane house had turned out better this project would not be having a difficult time. She stated that in this case the Cultural Affairs Commission will be involved, which makes a difference. She wondered if the Design Review Board could review the proposed lot lines in the totality of the area of the neighborhood, to see that the optimum lot and impact are considered, and that they be informed that the Council is very interested in maintaining the woodland nature. She recommended that the DRB make a trip with the neighbors, noting that this is not done on a routine basis but this might be one method. Also, it would be going back to the Planning Commission for final review. Ms. Breiner also recommended that, although the Design Review Board while being an open meeting does not have input from the public, just this once it might be permitted to have them sit at the table and participate. Councilmember Boro stated he would like to see something specific from staff before this would be approved, such as the footprints of the houses on the various lots, not final drawings but something specific. He stated the Council has to prove to themselves and the neighborhood that they want to protect the City and the environment. Mr. Ragghianti stated that the Council would have to ask the developer if he will provide the specifics. Mr. Sorensen, speaking for the applicant, inquired exactly what specifics the Council would require. Mr. Boro noted there is a concern because of what happened at 145 which did not work. He stated the Council would like the developer to show how he intends to live up to the standards. Mr. Sorensen stated that the developer is not willing to design the four houses at this stage, but can provide the Council with specifications. Mr. Moorhouse added that he will be happy to comply with any of the conditions with regard to size, height and setbacks. He stated that they have kept within the constraints with these houses. Mr. Ragghianti stated that the Council cannot require design, but they can impose conditions in the Design Review stage for specifications. He stated this is a subdivision application, not an application to build individual homes. He stated that all the developer gets out of this is the right to develop or sell the lots, and that the City may be working with someone else in the future. Mr. Boro stated it would be difficult to certify a Negative Declaration at this stage, that he could not do it with the information before him. Ms. Delimont noted that the building at 145 did not have the design parameters spelled out, and that the new houses will be subject to the Hillside Design Standards which are being developed. She noted that the Planning Commission had also requested that this project come back before them for a full public hearing and public review. SRCC MINUTES (Regular) 4/1/91 Page 11 SRCC MINL 3) (Regular) 4/1/91 Page 12 Councilmember Breiner stated that the Council wants the process to work so the lot lines will be in the proper alignment, and the Council will be pleased with the results. She stated that the Design Review Board and Cultural Affairs Commission will address the architectural and historical issues, and will minimize the problems. Councilmember Boro moved and Councilmember Breiner seconded, to direct staff to review the conditions as they exist regarding the design standards, noting that the Council takes issue on lot lines and building envelopes, and requires information on footprints and size of the houses, and bring the revised conditions back to the Council. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey Mayor Mulryan reopened the Public Hearing and continued it to May 6, 1991. 18. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION 504 OF UNIFORM BUILDING CODE at 55 AND 75 MILL STREET, SAN RAFAEL (Barsotti's Applicant; Th. F. Posthuma, Rep.) (PW) - File 1-6-1 x 9-3-40 Mayor Mulryan declared the public Hearing opened. Public Works Director Bernardi recommended that the City Council, acting as the Board of Appeals, approve the request for a variance from Section 504 of the Uniform Building Code regarding opening of the common wall between 55 and 75 Mill Street, subject to two conditions: 1) A three hour fire door which closes automatically upon activation of smoke detectors to be installed in the opening; 2) The opening is approved only for the duration of the current use by the existing owner and shall be sealed upon termination of the use by the existing owner, with a covenant running with the land being documented. There being no public input, the hearing was closed. (Councilmember Boro left meeting.) Councilmember Thayer moved and Councilmember Breiner seconded, to approve the staff recommendation and to direct staff to prepare a Resolution with findings and bring said resolution back for adoption at the next meeting. AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro and Shippey 19. PUBLIC HEARING - ORDINANCE AMENDING TITLE 9 OF SAN RAFAEL MUNICIPAL CODE BY AMENDING IN ITS ENTIRETY CHAPTER 9.24 ENTITLED "WELL STANDARDS" (PW) - File 9-3-40 Mr. Bernardi briefed the Council, stating that the attached proposed Ordinance will bring the City into compliance with current State and County regulations. He stated it makes clear which types of wells require permits and allows the County Public Health staff to enforce these regulations. Mayor Mulryan opened the Public Hearing. There being no public input the hearing was closed. The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING IN ITS ENTIRETY CHAPTER 9.24 ENTITLED "WELL STANDARDS". Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1603 to print by the following vote, to wit; AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro & Shippey SRCC MINUTES (Regular) 4/1/91 Page 12 SRCC MIND' (Regular) 4/1/91 Page 13 20. COUNCIL REPORTS The following items were held over to April 15, 1991 without discussion: a. REPORT ON NEW ENVIRONMENTAL STRATEGIES FOR URBAN PROSPERITY - File 10-2 b. DISCUSSION OF STREET TREE LIGHTS ON FOURTH STREET - File 11-4 There being no further business, the meeting adjourned at 11:10 P.M. JE Nl` M. LEONCI ,City Clerk APPROVED THIS DAY OF 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 4/1/91 Page 13