HomeMy WebLinkAboutCC Minutes 1991-05-06SRCC MINUTES kRegular) 5/6/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 6, 1991, AT 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-8(a) - #1 - Kenneth Houck vs. City of San Rafael
No. 91-8(b) - #1 - William Delbert & Annie Marie Robinson vs. City of San Rafael
No. 91-8(c) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 6, 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
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Boro seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Special Joint Meetings of
February 7 and 11, 1991, and Regular Meeting of
April 15, 1991 (CC)
5. Resolution Accepting Access Easement - Loch
Lomond Marina/San Pedro Cove Unit 2 (PW) -
File 2-2
7. Land Exchange - 1550 Silveira Parkway
(Skilled Nursing Facility) with Tishman
Speyer Mediq Limited Partnership: (PW) -
File 2-1-77 x 5-1-290 x 13-14-1
a. Resolution Accepting Two Parcels for
Open Space
b. Resolution Conveying Three Parcels
from Open Space
8. Resolution Accepting Conveyance of Easement
for Public Sidewalk Purposes - 151 McInnis
Parkway (PW) - File 2-5-32
9. Bid Opening and Award of Bid Three (3) Pickup
Trucks for Park Maintenance Use (Gen.Svcs.) -
File 4-2-254
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 8382 - ACCEPTING
GRANT OF PUBLIC ACCESS EASEMENT -
LOCH LOMOND MARINA/SAN PEDRO COVE
UNIT 2
a. RESOLUTION NO. 8383 - ACCEPTING
GRANT DEED OF REAL PROPERTY FROM
TISHMAN SPEYER MEDIQ MARIN LIMITED
PARTNERSHIP - 1550 SILVEIRA PARKWAY
(SKILLED NURSING FACILITY)
(Smith Ranch Homes Development)
(Two Grant Deeds)
b. RESOLUTION NO. 8384 - AUTHORIZING
EXECUTION OF GRANT DEED FOR
CONVEYANCE OF OPEN SPACE LAND TO
TISHMAN SPEYER MEDIQ MARIN LIMITED
PARTNERSHIP - 1550 SILVEIRA PARKWAY
(SKILL NURSING FACILITY)
(Smith Ranch Homes Development)
(Three Grant Deeds)
RESOLUTION NO. 8385 - ACCEPTING
CONVEYANCE OF EASEMENT FOR PUBLIC
SIDEWALK PURPOSES - 151 McINNIS
PARKWAY
RESOLUTION NO. 8386 - AUTHORIZING
THE PURCHASE OF THREE PICKUP TRUCKS
FOR USE BY THE PARKS MAINTENANCE
DIVISION OF THE DEPARTMENT OF
PUBLIC WORKS (Wayne Cross Ford,
low bidder, in the amount of
$35,623.42)
SRCC MINUTES (Regular) 5/6/91 Page 1
SRCC MINUTES (Regular) 5/6/91 Page 2
10. Bid Opening and Award of Bid for One (1) Cushman
Model 466 Vehicle for Parking Enforcement
Maintenance (Gen.Svcs.) - File 4-2-255
12. Adoption of Resolution Approving Contract
with Jeffery Baird and Associates for Zoning
Ordinance Public Review Assistance (P1) -
File 4-3-150
13. Resolution Extending Agreement with Dr. Michael
Sexton, Liaison Physician for the EMT -D Program
(FD) - File 4-3-228
14. Resolution Authorizing Extension of Agreement
with Michael Painter Associates (MPA) to
October 31, 1991 to Complete the Shoreline
Enhancement Plan (Rec) - File 4-3-219
16. Recommendation Re: Task Force for the County
Integrated Waste Management Plan (CM) -
File 13-2 x 115
17. Call for Applications Re: Appointment of
City's Representative to the Commission
on Aging (CC) - File 199
18. Approval of Resolution Authorizing Acceptance
of $10,000 Grant for Falkirk Cultural Center,
City of San Rafael, from the Andy Warhol
Foundation for the Visual Arts, Inc., and
Authorizing Execution of Agreement (Cult.Affs.) -
File 4-10-256 x 9-3-84 x 202
20. Claim for Damages:
a. Request for Leave to Present Late Claim -
Carol O'Hara
Claim No. 3-1-1546 (PW)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Shippey & Mayor Mulryan,
April 15, 1991 only, due
RESOLUTION NO. 8387 - AUTHORIZING
THE PURCHASE OF ONE 3 -WHEEL PARKING
METER MAINTENANCE VEHICLE (GOLDEN
BEAR EQUIPMENT CO., low bidder,
in the amount of $10,959.34)
RESOLUTION NO. 8388 - APPROVING
A $9,720 CONTRACT WITH JEFFERY
BAIRD AND ASSOCIATES TO ASSIST
IN PUBLIC PARTICIPATION EFFORTS
AND ENVIRONMENTAL REVIEW OF THE
ZONING ORDINANCE
RESOLUTION NO. 8389 - AUTHORIZING
THE CITY MANAGER TO SIGN AN
AGREEMENT WITH DOCTOR MICHAEL
SEXTON FOR SERVICES AS LIAISON
PHYSICIAN FOR THE EMT -DEFIB-
RILLATION PROGRAM (One Year)
(from 4/2/91 to 4/1/92)
RESOLUTION NO. 8390 - AUTHORIZING
A TIME EXTENSION TO THE AGREEMENT
WITH MICHAEL PAINTER ASSOCIATES
(MPA) TO OCTOBER 31, 1991 TO
COMPLETE THE SHORELINE ENHANCE-
MENT PLAN
Approved proposed changes.
Approved staff recommendation
calling for applications (3 -year
term from 7/1/91 thru 6/30/94);
deadline Tues., May 28, 1991 at
12:00 Noon and interviews set
for special meeting of June 3,
1991, @ 6:30 PM.
RESOLUTION NO. 8391 - ACCEPTING
A GRANT OF $10,000 FROM THE
ANDY WARHOL FOUNDATION FOR THE
VISUAL ARTS, INC. FOR THE
FALKIRK CULTURAL CENTER, CITY
OF SAN RAFAEL AND AUTHORIZING
EXECUTION OF AGREEMENT
Approved City Attorney's
recommendation for denial of
request to present late claim.
Thayer & Mayor Mulryan
from voting on minutes of
to absence from meeting.
The following items were removed from the Consent Calendar for discussion:
3. BID OPENING AND AWARD OF CONTRACT - FALKIRK AND BOYD HOUSE REPAIRS AND ALTERATIONS
(PW) - File 4-1-443
Councilmember Thayer asked for an explanation of complaints from other bidders. Public
Works Director Bernardi stated that staff and the project architect had interviewed
Westbay Builders, since their bid was so much lower than the others and than the
engineer's estimate. He stated that the protest that was received from Meyta & Jensen,
stating that the General Contractor does not have a specialty license for this work
and the bids should be disqualified, is not an appropriate claim on the bid process.
Ms. Thayer asked about the disparity between the architect's estimate of $226,000
and the low bid of $107,000, in that the architect's estimate seemed to be so much
higher than any of the bids. Mr. Bernardi stated that the architect estimated
SRCC MINUTES (Regular) 5/6/91 Page 2
SRCC MINUTES (Regular) 5/6/91 Page 3
the project because there were some uncertainties as to what particular items of
work were going to cost. He noted the other three bids were close enough together
to say that the prices they were quoting are fairly representative of what the project
would cost. He added that this can depend on the amount of work the contractors have
when putting these quotes together on how much they can cut out. Ms. Thayer asked if
the low bid then did meet all of the specifications. Mr. Bernardi answered affirmatively.
Mr. Bernardi stated that they even asked for references from other jurisdictions on this
contractor and they indicated that the work was done correctly.
Councilmember Breiner stated that if we are saving money on this project, could some
of the other work be done that is needed at Falkirk. City Manager Nicolai responded
that her idea would be to put the extra money back into the General Fund, and look at
the full range of Capital Improvements, rather than using it on Falkirk.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
awarding the bid to low bidder Westbay Builders.
RESOLUTION NO. 8392 - AWARD OF CONTRACT (Falkirk and Boyd House Repairs and Alterations,
Project No. 001-2150-144-8000, to Westbay Builders, low bidder,
in the amount of $107,450)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. RESOLUTION AUTHORIZING PUBLIC WORKS DIRECTOR TO SIGN RIGHT-OF-WAY CERTIFICATIONS
FOR CALTRANS (PW) - File 11-16 x 171 x 9-3-40 x 115
Councilmember Thayer stated she had a concern on this item, but it has been resolved.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution
as recommended by staff.
RESOLUTION NO. 8393 - AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN RIGHT-OF-WAY
CERTIFICATIONS WITH STATE AND FEDERALLY FUNDED ROAD PROJECTS
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. REPORT ON WATER CONSERVATION ACTIVITIES (PW) - File 151 x 9-3-40
Councilmember Breiner expressed concern about the cost of the wells, and their carry-
over costs into the future.
Public Works Director Bernardi explained, with the use of a chart he provided to the
Council, that the $60,304 shown represents the cost for the City to reduce the water
consumption by 25% over the 1986/87 year which the Water District uses as its base
year. He said that the City is paying 100% of the cost for 75% of the water. He
noted that if we went to 100% of the 1986/87 year, we would be paying an additional
$40,000. That would total $99,269. He stated that assuming the wells will continue
to produce, he is looking at a $60,000 saving. He stated that maintenance costs would
be subtracted, but the costs should be amortized over a 3 or 4 year period.
Councilmember Breiner then recommended that the Park and Recreation Commission may
want to work with staff to see about cutting back on some of the turf areas,
particularly in Terra Linda, other than the areas that are used extensively as play
fields, and perhaps substitute some native plants.
Councilmember Breiner moved and Councilmember Thayer seconded, to accept the staff
report.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. RESOLUTION AMENDING RESOLUTION NO. 8167 TO AUTHORIZE ONE YEAR EXTENSION OF BELOW
MARKET RATE HOUSING AGREEMENT FOR TS86-5 (SPINNAKER POINT UNIT 5) (Pl) - File 5-1-263
Councilmember Thayer inquired, should it not be feasible for the developer to build
the Below Market Rate units on site, how would the City utilize the in -lieu fees.
SRCC MINUTES (Regular) 5/6/91 Page 3
15.
19.
SRCC MINUTES (Regular) 5/6/91 Page 4
Planning Director Pendoley responded that the City has an Affordable Housing Fund,
and that is probably where the fees would go. He stated the Council could direct
staff to prepare a range of options for the Council, for constructing units. He
noted that a condition of approval on the most recent Tentative Map, states that they
will provide the five units. He stated he feels that is the best security of all.
Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution
as recommended by staff.
RESOLUTION NO. 8394 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
PROVIDING A ONE YEAR EXTENSION OF AN AGREEMENT TO PROVIDE
BELOW MARKET RATE HOUSING (Spinnaker Point Unit 5 Subdivision,
2/22/91 to 2/21/92)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
REQUEST BY SECURITY PACIFIC BANK FOR AUTHORIZATION FOR USE OF CREDIT CARDS (Fin) -
File 9-3-20 x 9-3-11
Councilmember Breiner asked for clarification, and inquired if one credit card can
serve several people. Ms. Nicolai explained that she has a credit card with her
name on it. Then, there is an Administrative credit card used by department heads
when they had to attend a conference or similar official function, and would be checked
out for a specific purpose. She stated the bank does not want to have that system
any longer, and the cards must be assigned to one, or at the most two, individuals.
She stated she has not yet figured out which cards should be assigned to which
individuals, because she does not want too many cards outstanding.
Councilmember Breiner inquired if individuals could charge on their personal
accounts and bring in the receipts. Ms. Nicolai stated that technically this could
be required, but sometimes it represents a significant amount of money for air fare,
hotel and the like, and it would be a question of the individual's personal available
credit. She noted that a cash advance system would be very cumbersome, and would
involve dealing with unused cash. She also noted that if a group is going, the City
would get a bulk rate, and would get reservations in advance.
Councilmember Boro inquired if the City pays a fee for the cards, and how it would be
affected if we had more cards. Finance Director Coleman responded that we do pay
a fee, and that most of the larger banks have similar fee structures. He added that
he is checking with some of the smaller banks to see if the City can work out something
with them, and go back to the old practice. He stated that the large banks are taking
this action for legal reasons.
Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution
as recommended by staff.
RESOLUTION NO. 8395 - TO OBTAIN CREDIT CARD ACCOMMODATIONS WITH SECURITY PACIFIC
BANK
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
STATUS REPORT ON PROPOSITION 85 GRANT FOR PROPOSED CITY/COUNTY LIBRARY (Lib) -
File 9-3-61 x 4-13-79 x 202
Councilmember Boro stated that he feels it is imperative that this issue be investigated,
as the Library Director is planning to do, and evaluate the grant application.
Library Director Stratford informed the Council that he is going to Sacramento tomorrow
to talk with the State Library staff to get a realistic assessment of the strengths
and weaknesses of our proposal.
Councilmember Boro moved and Councilmember Shippey seconded, to accept the staff
recommendation that staff evaluate whether to resubmit a grant application for the
second round of Proposition 85 funding.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 5/6/91 Page 4
SRCC MINUTE; Regular) 5/6/91 Page 5
SPECIAL PRESENTATION
21. PRESENTATION OF GIFT FROM CHILDREN OF CHIANGMAI, THAILAND - File 128
Mayor Mulryan presented pictures given to him by the children of "Sleeping Moon"
school in Chiangmai, Thailand, on a recent visit. He had brought them drawings done
by children at several San Rafael elementary schools.
City Manager Nicolai stated she would like to exhibit the pictures at City Hall,
and then lend them to the City Schools as a traveling show, making certain that they
will be returned.
22. PUBLIC HEARING - s89-20 - APPEAL OF PLANNING COMMISSION'S APPROVAL OF A NEGATIVE
DECLARATION AND TENTATIVE MAP FOR A FOUR -LOT SUBDIVISION; LINDEN LANE AND NEWHAL'L
DRIVE; WILLIAM MOREHOUSE/EDWARD NICOLAUS, APPLICANTS; PAUL DAVIDSON/LINDEN LANE
NEIGHBORHOOD ASSOCIATION, APPELLANT; AP 15-051-41 (P1) - File 5-1-319
Mayor Mulryan declared the Public Hearing opened. He noted that this is a continued
public hearing, and that there was considerable testimony at the previous hearing and
the matter had been referred back to staff with specific questions and asked the Design
Review Board to.review the action at that time. He stated he would like to continue the
action at that point, and asked staff to report on what has occurred to date since the
last Council meeting.
Planning Director Pendoley reviewed the past hearings, and the action taken by the
Planning Commission also. He stated that Condition 67 had a good deal of attention,
and a sentence has been added, stating that the Linden Lane Neighborhood Association
shall be noticed of any DRB (Design Review Board) meetings on any proposed dwelling
for the site. He then referred to Page 7 of the Staff Report, where the subpara-
graphs deal with Design Parameters, as part of Condition 67. He stated the project
has gone back to the DRB as the Council requested.
Principal Planner Sheila Delimont informed the Council that when this proposal went
back to the DRB they had the benefit of all of the photo boards and the model. She
stated the DRB felt that the building envelopes and design of the subdivision were
compatible, given the existing lot patterns in the area. She said they had concern
with some of the individual houses, and they felt that is where they could have input
and establish a criteria to bring the individual houses back to the DRB. She noted
that Condition 67 has been modified to reflect the input by the DRB. Ms. Delimont
stated that one issue with the DRB was the building coverage limited to 2,500 square
feet, and they felt they wanted the flexibility for greater lot coverage when they had
a single story house. She noted that Condition (67) 1 has been modified to allow
greater lot coverage for a single story house. Also, Condition (67) 2, which states
that the living area shall not exceed 3,500 square feet. . ., wording has been added tc
state that "maximums are not guaranteed and all homes must be designed to fit the
individual lot conditions". On Subparagraph 5, the words, "gables and roof overhangs
are encouraged" has been added, because that is the predominant style in that
neighborhood. Ms. Delimont then noted that Subparagraph 8 has been modified to state
that the height will be as determined by the Hillside Residential Design Guidelines.
Also, in Subparagraph 9, they have added that brown/green or other recessive exterior
colors to blend with the surroundings will be used. She stated that Subparagraph 12
has been modified, to provide the DRB with the type of analysis they want when they
review these houses. She added that Subparagraph 13 has been added regarding setbacks,
which come from the Hillside Design Standards.
Ms. Delimont noted that Ursula Davidson of the Linden Lane Neighborhood Association
was present at the DRB meeting and made comments to the DRB.
Councilmember Breiner inquired about Condition 50 which deals with extension of the
public sanitary sewer, and asked if when they are digging in the street, could there
be provision made for future undergrounding, since there are telephone poles at
present.
Ms. Delimont responded that at this point there is not any trenching, but just a
minor widening. She stated that staff could direct that if any trenching is done,
the utilities be placed underground.
Councilmember Breiner then referred to Condition 76, which states that hours of
construction shall be limited from 7:00 A.M. until 6:00 P.M. She stated there should
not be weekend construction work, and this should be specified.
Councilmember Thayer referred to Condition (67) 3 regarding tree removal and replace-
ment, and said that any Cypress removed should be replaced with that same species.
SRCC MINUTES (Regular) 5/6/91 Page 5
SRCC MINUTES Zegular) 5/6/91 Page 6
She noted that if a tree which is replaced should die, there is no provision for its
replacement. Ms. Delimont stated she will add that provision. She also inquired if
the lot which will have an extended setback will result in any loss of trees, and
Ms. Delimont responded it will not. Ms. Thayer noted there is a potential for 34
trees to be removed, and the applicant stated only 17 will be removed. Ms. Delimont
explained that there are 10 trees which the arborist said are in poor condition and
should come out. She said that Mr. Morehouse was counting the trees which would be
removed within the building envelopes. That is why there are three different numbers
regarding the trees.
Councilmember Boro inquired about why the house on Lot 1 is not farther back. He
noted that had been discussed at the last meeting. Ms. Delimont explained that this
lot is below the road and limited to a single story at that point. She stated there
is a possibility of moving it back 5 feet more. Councilmember Breiner stated she
would like it to be moved back 10 feet.
Councilmember Shippey inquired about drainage and stated there was supposed to be
more detail on the Newhall Drive drainage. Ms. Delimont referred to Conditions 47
and 48. Condition 47 states that offsite drainage improvements will be required
on Newhall Drive, and that since Newhall Drive is a private roadway the approval of
all property owners must be obtained prior to the commencement of work.
Councilmember Breiner stated that the house on Newhall Drive should be pushed back
10 feet as well, that there is ample room. She noted that the fence line and the
property line on that property are not the same, and noted that the road curves.
Pts. Delimont stated she will make the change.
Councilmember Thayer inquired about improvements such as tennis courts, and Ms. Delimont
responded that all improvements have to be within the envelope.
Attorney Ann Cole from the Bianchi law firm addressed the Council, stating she feels
there is a finding that this proposal is inconsistent with the General Plan, and she
questioned the density. She cited the historical character of the neighborhood, and
stated that the neighbors would be satisfied if there were two homes instead of
four on the property. She stated the fact that there are many smaller homes in the
area does not mean that there should be this many added. With reference to DRB meetings,
she stated she understands that the public is not allowed to participate.
Councilmember Breiner noted there is a condition that the neighborhood will be noticed.
She stated that after discussed by the DRB members, but before any decision is made
by the DRB, the neighbors will be allowed to give input before any recommendations
are concluded by the DRB.
Ms. Delimont noted that at the last DRB meeting the neighborhood representative gave
input and the issues were discussed.
Councilmember Breiner stated that the project automatically goes on to the Planning
Commission, which gives it another forum.
Ms. Cole stated that Condition (67) 2 states under living area that maximums are not
guaranteed. Mayor Mulryan responded that means the area would have to be less.
Ms. Cole stated the neighbors are concerned not only with the visual impact, but the
impact on the character of the neighborhood. She referred to her letter of April 22,
1991, expressing her concerns.
Councilmember Boro stated he would like to set the record straight. He referred to
Page 2 of Ms. Cole's letter in which she alleged that he had stated that the residence
previously constructed at 145 Linden Lane had somehow "fallen through" the design
standards purportedly set up by the design review process. The letter indicated that
Mr. Boro had said that because of that experience he felt that the design review
process was inadequate to preserve the historic character of the neighborhood with
respect to placement and design of the currently proposed residences. Mr. Boro stated
that he had come to the City Hall and listened to the tape, and the minutes and
the tape do not indicate what is stated in Ms. Cole's letter. He explained that the
tape says that Mr. Boro had said that the proponents had tried to communicate with the
neighbors but the process fell apart at 145 Linden Lane and the neighbors did not get
what they thought they were going to get. Mr. Boro said further that they needed a
different approach, that we need to strengthen the development standards, and then
he said expressly that he believes the design review process can work, and then concluded
that once the developer is gone, how do we assure the neighbors that what is represented
in the standards will come to fruition, and that we need a better projection of the
outcome.
Attorney Neil Sorensen, of Bullard, Bridges & Sorensen, noted the follow-up letter
from the arborist, regarding the lack of significant frost damage on the Eucalyptus.
SRCC MINUTES (Regular) 5/6/91 Page 6
SRCC MINUTES legular) 5/6/91 Page 7
Also, he wanted to note that the model has been certified as being accurate in scale.
He stated the Council has sufficient information at this point to approve the Negative
Declaration, and he asked that they take affirmative action.
David Abel, a resident of the area, stated that 145 Linden Lane was sold, and that they
had been Mr. Morehouse's plans and he had changed them without the neighbors knowing.
There being no further public input, the public hearing was closed.
Councilmember Breiner recommended, regarding Condition (67) 3, that it say that if
relocation of a tree is not successful, it should be replaced with a 15 -gallon size
of an appropriate species. Ms. Delimont noted that is in the Hillside Standards,
and is what the DRB usually recommends.
Councilmember Breiner stated that this is a beautiful, gracious neighborhood, and
she is not sure of what would happen if the density was lowered, but that we could
end up with two very large homes which would be really out of place. She stated
she hopes that the Council has built in conditions which the DRB will take seriously,
and if the people are not happy, they may come back to the Council. She noted that
with the conditions and the DRB input, we are trying to preserve the woodland
atmosphere. She noted that the carriage house area has a number of large Eucalyptus,
unless the owner decides to remove them.
Councilmember Boro recommended a 45 -foot setback for Lot 1, with the building envelope
reduced accordingly.
The Council discussed the fact that for two homes to be built there, there would be
larger lots, which would be more expensive, and would result in larger homes.
Councilmember Shippey inquired of City Attorney Ragghianti about Ms. Cole's references
to Government Codes in her letter, and Mr. Ragghianti said he has no quarrel with them.
Councilmember Breiner moved and Councilmember Boro seconded, to direct staff to
prepare a Resolution including the revised conditions, as discussed at this meeting,
denying the appeal.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. PUBLIC HEARING - PRIORITY PROJECTS DETERMINATION - NINE (9) APPLICATIONS (P1) -
File 115
Mayor Mulryan opened the Public Hearing.
Planning Director Pendoley explained that all of the projects to be discussed tonight
are extensions of proposals the Council has seen before, except the Industrial Light
and Magic (Lucas Arts Entertainment) project. He stated another change from last
year is the deletion of the Freitas Interchange from the Priority Projects Procedure
(PPP). This was recommended when Broderbund was considering using the Fairchild
property, and since there would no longer be a potential for warehouse/retail, the
reserve trips were no longer a factor and the Interchange could operate at capacity
with the development planned for the forseeable future. He stated that the City's
method of calculating the Levels of Service (LOS) has been called into question by
the North San Rafael Coalition of Residents. Staff is recommending that the LOS
at that Intersection be restudied, and the results brought back to the Council.
Mr. Pendoley stated that with regard to the Bellam Interchange, the Council has
the authority to go below LOS Mid -D, because of the Andersen Drive Extension project.
He stated that the 43 CM's (Critical Moves) created by the Andersen Drive project
would enable Council to add them to the Industrial Light and Magic project.
With regard to the Lucas Valley/Smith Ranch Road interchange, there are no new
proposals.
Councilmember Shippey inquired what would be the effect of postponing the decision on
Freitas Interchange. Mr. Pendoley explained that there are projects which do not have
water at the present time. Councilmember Boro noted that if the water becomes avail-
able and the projects go on line would not the process go into effect? Mr. Pendoley
replied in the affirmative, noting that the General Plan states that the intersection
will not go below LOS Mid -D.
Councilmember Thayer stated she would like to put the Freitas Interchange back in the
PPP, because the traffic seems to be much worse than was assumed.
SRCC MINUTES (Regular) 5/6/91 Page 7
SRCC MINUTES tRegular) 5/6/91 Page 8
Associate Planner Bell reviewed the three Lucas Valley/Smith Ranch projects, Oakridge
Apartments, and Parcel 3 remaining the same, but Regency Center II having increased
their Child Care facility from 2,400 to 3,000 square feet. She noted that Northview
townhouse project is not subject to PPP this year, since it would generate less than
1 CM at the Lucas Valley/Smith Ranch Interchange, and that is the reason it is not
on the list this year. She stated that staff is recommending approval of all three
projects which have applied this year. She recommended that Regency Center II be
modified to not create more than 66 CM's. She stated it is possible to construct
the 105,000 square foot office building and allow occupancy of 98,000 square feet
until the Interchange improvements are completed. She stated another option would
be to allow occupancy of 84,000 square feet, with the restaurant component as well.
She stated the latter is staff's recommendation.
Councilmember Breiner inquired how should the Council react if it is at capacity,
and the interchange improvements are completed, and the County approves additional
projects on their land. Mr. Pendoley responded that the City has a Memorandum of
Understanding (MOU) with the County that will assure no building permits will be issued
which would permit the Lucas Valley/Smith Ranch Interchange to go below LOS Mid -D.
Councilmember Breiner added that suppose one of the County projects filled out the City's
capacity, and City Attorney Ragghianti stated he does not think, in the absence of a
written agreement, that the City could prevent the County legally from building out.
However, with the MOU, the City may block the County from issuing permits that would
cause the intersection to go below LOS Mid -D, assuming the County abides by the MOU.
Mr. Pendoley added that the City should get the County to adopt our General Plan.
Councilmember Boro noted that the EIR (Environmental Impact Report) involving McInnis
Park and the golf course is now being circulated and will be coming to the City.
Councilmember Thayer inquired, is not the FAR (Floor Area Ratio) the basis for the
traffic count. Mr. Pendoley stated that is only part of it, that traffic generation
is based on the use of the building as determined by the floor plan. He noted that
part of the area could be storage.
Ms. Thayer inquired if, in the case of a housing project, could the City legally say
a builder could only sell 40% or 80% of their homes and leave the rest vacant because
otherwise it would use up the traffic capacity. She stated that would leave houses
sitting out there unoccupied. Mr. Ragghianti responded that this happens frequently.
He concurred with Mr. Pendoley's statement that the use of the floor space determines
the traffic capacity.
Ms. Bell then reviewed the six projects at the Bellam Interchange, noting that Toys -R -Us
has been reduced approximately 6,000 square feet.
Spinnaker on the Bay Phase II consists of 130 units. It was denied Priority status in
1990 when it had 136 units. This year it has 130 units, 24 of them Below Market Rate
(BMR). She stated that of the 24 BMR units, 8 will be for sale and 16 for rent.
With regard to the Honda auto dealership, Ms. Bell noted that the restaurant had been
dropped from the project.
Home Depot, in the Shoreline Industrial Park, previously had 2 buildings, and this
year there is only one. She stated that the Orchard Supply Hardware project would
be approximately 46,000 square feet, with another 6,000 square feet for a plant
nursery. This project has been slightly modified since being given Priority status
in 1990.
Ms. Bell noted that the only new project this year for this Interchange is the Lucas
Arts Entertainment (ILM) light industrial/office project. The building would be
approximately 41,000 square feet. 75% of the building would be for office use. She
added that this project qualifies for PPP under the neighborhood serving use category,
in that it will continue and expand educational and cultural programs for the East
San Rafael and Citywide residents. She noted they will be providing Child Care
scholarships which will amount to $55,000 per year. She stated that staff recommends
PPP status for this project.
Councilmember Thayer expressed concern about the possibility that Andersen Drive
Extension may not be completed within a defined period of time, and the LOS in the
area could go below Mid -D.
Mr. Pendoley responded that General Plan Policy C-3 stated in effect that no new
development should be constructed which would result in below Mid -D, and that is the
Council's insurance. He noted that at this point, the real issue is water for the
proposed projects. He noted that one project has water, but if it is not approved
by the deadline the water would be lost. He stated they feel that a defined period of
SRCC MINUTES (Regular) 5/6/91 Page 8
SRCC MINUTES (Regular) 5/6/91 Page 9
time is governed by water. He added that in reviewing the records, staff could not
find that a recommendation was ever reached on a "defined period of time", and the
Council has their discretion on that issue. He noted that the design of Andersen
Drive is being finalized, and is well within completion within a defined period of
time.
Councilmember Shippey noted that with all the restrictions on water and EIR's he
does not feel we will fall below Mid -D.
Councilmember Boro stated he feels we have the best of all uses, especially at the
Bellam Interchange - housing, office, and ILM with child care. He congratulated the
Lucas firm on their project.
Councilmember Thayer stated that if the Council approves all of the projects tonight,
they will be raising expectations. Mayor Mulryan responded that the PPP allows everyone
to know what the ground rules are, and that they have to show progress. He stated
he feels it is very fair.
Attorney Cecilia Bridges, representing Lucas Arts Entertainment gave the Council
additional packets of information. She referred to her letter of May 2, 1991, with
two attachments showing the differences in child care funding if the money goes directly
to the City, rather than to the Marin Educational Foundation's Child Care Scholarship
Fund. She stated that the scholarships are guaranteed to East San Rafael families,
and it will be a long-term solution with matching funds if it goes through MEF,
with all future years amounting to $38,500 each year.
Ms. Bridges thanked the staff for their assistance in guiding the project which will
be a tremendous benefit to San Rafael.
Sue Beittel, Board member of MEF, stated she is delighted with the thought of working
with the Lucas firm, and noted that Marin Community Foundation has started the fund
with $3 million.
Jane Bonham of MEF, who is in charge of the Child Care Program, stated that it is
for children 9 years and under, and their programs have equitable distribution across
the County, with 25% in San Rafael.
Councilmember Boro stated he supports the program fully, and inquired if, as the fund
grows, would San Rafael be eligible for additional funding, and Ms. Bonham stated
they absolutely will be.
There being no further public input, the public hearing was closed.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution
approving the PPP Determinations.
RESOLUTION NO. 8396 - RECOMMENDING PRIORITY PROJECT DETERMINATIONS, 1991
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Mayor Mulryan left meeting.)
24. PUBLIC HEARING - Z91-2 - ZONING CHANGE AND NEGATIVE DECLARATION FROM P-D-NGC/OP/
QP -139) DISTRICT TO P -D -NG (C71) PLANNED DEVELOPMENT - NORTHGATE ACTIVITY CENTER
OVERLAY DISTRICT (C71) DISTRICT; PD -NG (0-60) PLANNED DEVELOPMENT - NORTHGATE ACTIVITY
CENTER OVERLAY DISTRICT (0-60D1�iKiLl; AND PD -NG (P/QP-8 PLANNED DEVELOPMENT -
NORTHGATE ACTIVITY CENTER OVE LAY DISTRICT P/ P-8) DISTRI�T; 101/111 SMITH RANCH
ROAD; 111 PARTNERS, OWNERS; FORSHER + GUTHRK ,� P.; AP 155-251-04 (Pl) - File 10-3
Vice -Mayor Breiner declared the public hearing opened.
Planning Director Pendoley explained that there are no changes in the project as already
approved, for a retail building, office building and future fire station. He stated
that the applicant is now subdividing the parcel to allow dedication of the fire
station site to the City.
There being no public input, the public hearing was closed.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
certifying a Negative Declaration for the zone change Z91-2.
SRCC MINUTES (Regular) 5/6/91 Page 9
SRCC MINUTES kRegular) 5/6/91 Page 10
RESOLUTION NO. 8397 - CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENT OF THE ZONING
MAP OF THE CITY OF SAN RAFAEL ADOPTED BY REFERENCE BY SECTION
14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE NORTHGATE
ACTIVITY CENTER (Re Z91-2 - 101 & 111 Smith Ranch Road)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN
RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE
OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE NORTHGATE
ACTIVITY CENTER (RE Z91-2 - 101 & 111 Smith Ranch Road)."
Councilmember Thayer moved and Councilmember Shippey seconded, to dispense with the
reading of the Ordinance in its entirety, to refer to it by title only, and to pass
to print Charter Ordinance No. 1604, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Shippey,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
(Mayor Mulryan returned to the meeting.)
25. LEGISLATION AFFECTING SAN RAFAEL (CM) - File
Thayer & Vice -Mayor Breiner
9-1
City Manager Nicolai discussed AB 504 (FILANTE), which provides for civil penalties
for trespassing on bridge structures or other property of a bridge and highway district
without permission. She stated that at the March MCCMC meeting it was agreed that
each Council would review and take a position on this Bill. She recommended that
Council direct her to draft a letter on behalf of the Council stating that the Bill
should be rewritten and clarified. The Council agreed.
With regard to SB 82 (KOPP), Property Taxation; Change in Ownership, Mayor Mulryan
stated this purports to be a minor Bill, but it is not, and will allow treatment of
properties owned by publicly held corporations to be treated far different than
properties not held by publicly held corporations.
Councilmember Boro said he had found that the computations are to go back to 1975
and work forward, and the implementation could be very cumbersome.
City Manager Nicolai was asked to write to Senator Kopp, asking for clarification
of the Bill for the Council.
The Council agreed to continue to work for the repeal of SB 2557.
With regard to SB 837 (TORRES), Workers' Compensation, Firefighters, the Council
agreed to OPPOSE this Bill.
Councilmember Breiner moved and Councilmember Boro seconded, to accept the report
and recommendations.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
26. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH HUGHES, HEISS AND ASSOCIATES FOR
EFFICIENCY AUDIT OF CITY OPERATIONS (CM) - File 4-3-240 x 9-2-42
City Manager Nicolai briefed the Council, stating that based on the committee which
was comprised of two members of the Revenue Options Committee, Mayor Mulryan, Planning
Director Pendoley and herself, they independently reviewed all of the proposals,
evaluating them based on established criteria. She explained the criteria in detail,
and stated that the Review Committee unanimously recommends to the Council that we
contract with the firm of Hughes, Heiss and Associates to perform the study. The
cost of the various proposals ranged from $48,800 to $133,864, and Hughes, Heiss and
Associates was $90,000. She stated that their actual hourly rate was reasonable,
and the Committee felt the firm could provide the quality of study which the City
requires.
Councilmember Thayer thanked the review committee and stated she feels very comfortable
with the recommendation.
Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution
approving a contract with Hughes, Heiss and Associates.
SRCC MINUTES (Regular) 5/6/91 Paqe 10
SRCC MINTUES regular) 5/6/91 Page 11
RESOLUTION NO. 8398 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH
HUGHES, HEISS & ASSOCIATES FOR EFFICIENCY AUDIT OF CITY OPERATIONS
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. CITY COUNCIL REPORTS
a. DISCUSSION OF ELM TREE SPRAYING (PW) - File 11-6 x 13-1
Mayor Mulryan stated he had asked for this report and noted that staff's recommend-
ation is for banding or foliar spraying in selected areas. He added that the
problem is worse this year.
Public Works Director Bernardi added that in areas where staff receives requests
for spraying they are working with the rest of the neighbors in that area so they
can cover a complete area, with written permission being requested.
Councilmember Boro moved and Councilmember Thayer seconded, to accept the staff
report and directed staff to proceed with banding and foliar spraying in selected
areas.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. DISCUSSION OF FIRE AT 240 CANAL STREET (PW) - File 9-3-31 (Verbal)
Councilmember Boro stated he had asked for this item so that staff would be
directed to look into the building codes in the rebuilding with a time line,
similar to the burned building on Fourth Street.
Public Works Director Bernardi reported that staff had met with the insurance
and fire people, and were informed that no building permit will be issued until
all deficiencies are corrected. He stated there had been difficulty in dealing
with the owner in the past, and staff is hoping it will be better this time. He
has been told the building will be demolished if he does not cooperate.
C. REVIEW OF FIRST MEETING OF ST. VINCENT'S/SILVEIRA ADVISORY COMMITTEE (P1) -
File 9-2-45 x 115 (Verbal)
Councilmember Boro reported that their first meeting was well attended and there
will be a tour of the property on May 23rd at 2:30 P.M., and they will work on
the technicalities of the survey.
Councilmember Shippey added that the Committee all agreed that they will try
to preserve the character of San Rafael.
ADD ITEMS:
d. RE 1992 500 -YEAR CELEBRATION OF CHRISTOPHER COLUMBUS' DISCOVERY OF AMERICA
CELEBRATION - File 104 (Verbal)
Councilmember Boro announced that he had represented Mayor Mulryan at a luncheon
for visiting dignitaries of Genoa, Italy, and had presented pins and flags to them.
Mr. Boro, in turn, presented to Mayor Mulryan and the City of San Rafael an
emblem and plaque which were given to him, commemorating the 500th anniversary
of the discovery of America by Christopher Columbus, by the Mayor of Genoa.
e. DISCUSSION OF AB 939, MANDATING RECYCLING 25% OF GARBAGE BY THE YEAR 1995 -
File 9-1 x 13-2 (Verbal)
Councilmember Thayer requested that this item be brought to the Council at the
earliest possible meeting. She stated this is a momentous Bill, and heavy fines
are involved for noncompliance.
There being no further business, the meeting was adjourned at 10:25 P.M.
JEAN JZ LEONCINI:11�y Clerk
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINTUES (Regular) 5/6/91 Page 11