HomeMy WebLinkAboutCC Minutes 1991-08-19SRCC MINUTES (Regular) 8/19/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 19, 1991, AT 7:00 P.M.
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-16(a) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 19, 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
ORAL COMMUNICATIONS OF AN URGENCY NATURE
CLEAN-UP OF 522 "B" STREET (CERRUTI PROPERTY) - File 12-5 x 12-15 x 9-3-40
Sandra Lollini, Gerstle Park Neighborhood Association President, requested permanent removal
of the fence around the property, and volunteered members of the Neighborhood Association for
the clean-up. Mayor Mulryan directed that staff coordinate plans with the Neighborhood
Association, and report back to Council.
SAFETY IN CANAL AREA - File 9-3-30 x 9-2-43
Denise Reisbeck of 220 Canal Street, Apt. 35, requested more protection from the prostitutes
and drug problems occurring in the Canal area. Councilmember Breiner requested that this
issue be placed on the Council agenda for the September 3, 1991, meeting for further
discussion.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting
of August 5, 1991 (CC)
8. Resolution Authorizing Credit Cards
with Bank of Marin (Fin) - File 8-25
9. Report on Speeding Trucks on San Pedro
Road (CM) - File 11-1 x 100
10. Resolution of Commendation: (CM)
Give a Hand to the Plan
A Youth Substance Abuse Prevention
Program - File 102
11. Report Re: Injury and Illness Prevention
Program (CM) - File 7-4-6 x 7-1-31
12. Resolution in Support of the North Bay
101 Corridor Commute Campaign, Conserve:
A Way of Life (CM) - File 170 x 102 x
11-1
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 8487 - TO OBTAIN
CREDIT CARD ACCOMMODATIONS FROM
BANK OF MARIN
Accepted report.
RESOLUTION NO. 8488 - RESOLUTION
OF COMMENDATION TO "GIVE A HAND TO
THE PLAN"
Accepted report.
RESOLUTION NO. 8489 - IN SUPPORT OF
THE NORTH BAY 101 CORRIDOR COMMUTE
CAMPAIGN, CONSERVE: A WAY OF LIFE
SRCC MINUTES (Regular) 8/19/91 Page 1
SRCC MINUTES kRegular) 8/19/91 Page 2
13. Legislation Affecting San Rafael: (CM) - Approved staff recommendation to
File 9-1 SUPPORT AB 2223 (MOORE), Development
Project Approval California
Environmental Quality Act.
SUPPORT HR6 (GONZALEZ) & S543
(DODD, REIGLE, WIRTH), Deferred
Compensation.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following items were removed from the Consent Calendar for discussion:
3. APPROVAL OF MAINTENANCE AGREEMENT WITH CALTRANS FOR I-580 AT BELLAM BOULEVARD
INTERCHANGE (PW) - File 4-8-18
Councilmember Breiner noted a comment on the back page of the staff report, stating
that timing of traffic signals shall be the responsibility of the State. She stated
that is logical, but she is concerned that if there were problems and a need for
adjustments the City could respond a lot faster than the State. Public Works Director
Bernardi stated that the State installed the timing for those intersections, and
that the timing was designed by the City. He explained the reason for the State
wanting to control the operation and maintenance is because it relates to the off -
ramps and they want to control the traffic stacking in the off -ramps. They do not
want the City to control the timing to allow traffic to operate on Bellam Boulevard
and back the traffic up on the ramps. It is intended to achieve balance.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
approving the Maintenance Agreement with CalTrans.
RESOLUTION NO. 8490 - AUTHORIZING EXECUTION OF FREEWAY MAINTENANCE AGREEMENT WITH
THE STATE OF CALIFORNIA FOR STATE HIGHWAY ROUTE 580 AT THE
BELLAM BOULEVARD INTERCHANGE
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. REPORT ON ALTERNATIVES FOR LANDSCAPE IRRIGATION OF OLEANDER PARK, INCLUDING GENERAL
CLEAN-UP AND WATER TRUCK USE (PW) - File 9-3-66 x 9-3-40
Councilmember Breiner stated the staff report is very good, but there is one option
she would like the Council to consider, that the park be redesigned in accordance
with today's conditions. She stated it would not make sense to put in an irrigation
system instead of first thinking how much playground equipment should be installed,
and how much planting. She stated she would encourage the Council to have staff
study that aspect. She added she also sees a problem with the night loading of
the water truck, which is a continuous disturbance to the residents.
Councilmember Thayer stated this is a frustrating situation, with alternatives being
either impractical or too expensive. She pointed out that Mrs. Cecelia Martz would
like something done now, and the work should not have to wait until the City gets
the Park Dedication fees from the subdivision above. She suggested possibly going
to interim repair instead of waiting for the expensive system. Ms. Thayer stated
she has also heard from Bret Harte residents about the water trucks.
Ms. Thayer stated that the Oleander hand -watering would be just the area near the
street, and inquired how long it would be before the reclaimed water is available.
Public Works Director Bernardi responded that he had met with the Water District
last week regarding reclaimed water for Oleander and Freitas parks, and it will
be possibly another 8 or 10 months.
Councilmember Shippey agreed with Ms. Thayer on the expense. He inquired about
City trucks filling up on reclaimed water. Mr. Bernardi replied that at present,
there is one hydrant near the Civic Center. However, there are very strict regulations
regarding the use of reclaimed water. It cannot be allowed to stand or pond, or
run across the sidewalk. When the City crew waters a park it is at night, and by
morning the water has soaked into the ground.
Mr. Shippey stated that he knows watering is being done with the reclaimed water,
and asked staff to investigate and see if there are any mitigating circumstances.
SRCC MINUTES (Regular) 8/19/91 Page 2
SRCC MINUTES kRegular) 8/19/91 Page 3
Councilmember Boro noted that since this staff report was written, the Water Board
has voted to go ahead and come up with reclaimed water in those cases where the
builders will have reclaimed water piped in, and they will then get potable water
for development. He stated that as soon as it is known what portion will be allocated
to San Rafael, the use can be prioritized. He said it would seem it would make
sense to not do anything on Oleander Park until that amount is known, except on
an interim basis without the expenditure of much money.
Mr. Boro verified with Mr. Bernardi that the water truck does not go to Bret Harte
Park until after 7:00 A.M., as a solution to their problem.
Mayor Mulryan inquired,if we were to accept the staff recommendation for Oleander
Park, how would the irrigation and maintenance compare with the other parks.
Mr. Bernardi responded that staff was forced to spend a lot of time in the parks
which have a lot of reservations and use. He stated they spend as much time as
possible at the other parks. He stated they might be able to fund the full irrigation
system; that since the Water District has now changed their policy it might be possible
for a developer to agree to fund Oleander Park in exchange for going to the top
of the list. He added that the Park and Recreation Commission has been looking
at the usage in all of the parks.
Councilmember Breiner inquired about the timing of the trucks at Oleander, and City
Manager Nicolai responded that the complaints from Bret Harte were because of the
trucks having to back up, which activated the bell. She stated her understanding
was that the residents were not upset because of the water being taken away. She
said she understood that with Oleander the people were more upset because the water
was being taken away, rather than because of the trucks.
Councilmembers Thayer and Breiner said they had complaints regarding the trucks
at Oleander waking people in the night. Mr. Bernardi responded that their operation
is pretty much daytime at present.
Ms. Thayer stated that with regard to park fees from a developer, the only project
she knows of in the vicinity is the Highlands, and she asked when would their funds
for traffic mitigation fees be available. Principal Planner Delimont responded
that the Highlands' final map should be going to the Planning Commission in September,
and payment will be made at time of recordation of the Final Map, per the Subdivision
Map Act, after City Council approval.
Ms-. Nicolai said she would like to maximize the potential. If the irrigation system
could be installed by someone else as part of an overall water plan, where there
would be a list which would result in saving of potable water, it would be an option.
She stated that if a developer could have potable water for a project by having
their funds used in this manner it could work, but the City should not go into a
park and restore irrigation systems without a plan. She said she would like to
see the Park and Recreation Commission raise some community interest in that area
and start working on an overall plan. She stated that if, for instance, the irrigation
system would be done through a developer, then the City could see about playground
equipment or whatever else a survey might indicate is needed.
Ms. Thayer recommended a park maintenance report being submitted periodically to
see how this is coming along. The Council agreed.
Mr. Francis Jenkins of 217 Oleander Drive stated he was asked by neighbors to speak
to the Council. He asked that the Council authorize at least a temporary repair
of the equipment so the park could get some water. He stated this would be consistent
with the agreement which was made when the Terra Linda Community Services District
(CSD) was annexed in 1972.
He stated that from what he has observed in other parks in the area, Oleander Park
has not received quality service, and he would like at least some temporary relief
while a plan is being worked on.
Ronnie Jordan of Los Gamos Road informed the Council that she baby-sits children
and there is nothing for them to do at the park. She said when she trains her dog
there he gets debris in his paws from the weeds. She said there is no place to
picnic, just one bench and table. She noted that when she was little it was a lovely
park.
Patrick Webb, Vice -Chair of the Park and Recreation Commission, stated that the
merry-go-round and swings were dismantled for safety and liability purposes. He
stated it would take a substantial amount of money to refit the whole irrigation
system. He said their practice has been to put the money into maintenance equipment,
SRCC MINUTES (Regular) 8/19/91 Page 3
5.
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SRCC MINUTES ,regular) 8/19/91 Page 4
but they will look at the neighborhood and see what the residents want. He stated
that for the past 82 years the Parks Division has had a difficult time keeping on
top of the maintenance program. He stated this park has not been getting as much
attention as other parks in the area, and it was a priority decision made by the
Commission in conjunction with the Parks Division as to what the priorities are.
The Council accepted the staff recommendation to continue hand -watering and directed
staff to explore the possibilities of park dedication fees, and to work with the
Park and Recreation Commission to determine future needs of the park prior to
constructing improvements. Mr. Bernardi stated he will give a progress report to
the Council in a couple of months.
APPROVAL OF COST INCREASES FOR ASSOCIATED RIGHT OF WAY SERVICES FOR MERRYDALE
OVERCROSSING RIGHT-OF-WAY ACQUISITION (PW) - File 4-3-216 x 11-1 x 11-16 x 9-3-40
Councilmember Shippey pointed out that this is yet another cost increase in the
Merrydale Overcrossing project. Public Works Director Bernardi explained that the
details are in the staff report, that there were difficulties encountered with the
Mt. Olivet Cemetery and with EDM property (Northgate 2). He added that both are
on track at this time and should be completed soon.
Mr. Shippey noted this started at $15,000 and is now at $40,000. Mr. Bernardi stated
that one of the issues is that much of this is not under the City's control. He
explained that the Federal Government insists on a certified right-of-way agent,
and the City does not have one. The County does, but is too busy, so they hired
the firm in question. Mr. Shippey inquired if there will be any more money required,
and Mr. Bernardi stated there will not, since the right-of-way is already acquired.
Councilmember Boro asked would it not have been better to pin down the agencies
up front, and have a one-time cost, noting this is the third time. Mr. Bernardi
stated he would not want to give the contractor a carte blanche and commit the money.
Mr. Boro stated he feels that there should be a better definition of costs, and
then the money could be committed and the burden would be with the contractor.
Councilmember Breiner inquired if the County is levying a surcharge, and asked if
staff goes through the bills. Mr. Bernardi responded there is no surcharge, noting
that staff goes through the bills in detail.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution
approving the cost increase.
RESOLUTION NO. 8491 - RECOMMENDING APPROVAL FOR COST INCREASES FOR PROFESSIONAL
SERVICES BETWEEN THE COUNTY OF MARIN AND ASSOCIATED RIGHT
OF WAY SERVICES, INC., FOR THE MERRYDALE OVERCROSSING
(Second Amendment Professional Services Agreement)
AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Shippey & Thayer
ABSENT: COUNCILMEMBERS: None
APPROVAL OF BELOW MARKET RATE RENTAL (BMR) AGREEMENT FOR HIGHLANDS SUBDIVISION (P1)
- File 229 x 5-1-320
Councilmember Thayer referred to Exhibit C, regarding the eligibility requirements
for the BMR units. She said it was her understanding during the General Plan process
that an amendment was made that the City of San Rafael would require a median income
of 100% for affordable housing. She noted that Exhibit C says 120%.
Councilmember Breiner noted that Exhibit B is inconsistent with Exhibit C, where
it speaks of 90% of median.
Principal Planner Freitas informed the Council that the price has to be affordable
to someone at 80% to 100% of median. She said those eligible are people making
80% to 120%, but the BMR price has to be pegged at no more than 100% of median.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
authorizing the signing of the BMR Agreement.
RESOLUTION NO. 8492 - AUTHORIZING THE SIGNING OF A BELOW MARKET RATE RENTAL AGREEMENT
RE: THE HIGHLANDS BETWEEN THE CITY OF SAN RAFAEL, THE HOUSING
AUTHORITY OF THE COUNTY OF MARIN AND THE SIMBA GROUP, OR ANY
SUCCESSOR IN INTEREST
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 8/19/91 Page 4
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7. RESOLUTION AMENDING THE 1990/91 BUDGET (Fin) - File 8-5
Councilmember Boro stated he understands from the budget that the General Fund budget
was over by $29,000, and the Finance Director had a reappropriation of monies between
the accounts which he is requesting be approved by the Council.
Finance Director Coleman stated that is correct, that instead of moving funds around
and coming up with a net $29,000 he said he finds it easier to simply focus on those
which need a supplemental appropriation.
Mr. Boro said he has a problem with the wording of the Resolution, in the event
that someone did not read the staff report or understand the situation. He noted
that the wording, ". . .be it resolved by the San Rafael City Council that Resolutions
8193 and 8427 are amended to provide an additional $672,026 for current expenditures"
is misleading, and it would be more appropriate to say ". . .are amended to provide
a reallocation of $672,026 for current expenditures, for a net increase of $29,000
in the 1990/91 budget". Mr. Coleman said that is correct, and that is basically
what they are doing, and they need approval. Mr. Coleman agreed to amend the
Resolution.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution,
as amended.
RESOLUTION NO. 8493 - AMENDING THE 1990/91 BUDGET (As amended)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - MISCELLANEOUS GENERAL PLAN AMENDMENTS RESULTING FROM 1991 GENERAL
PLAN EVALUATION (P1) - File 115
Mayor Mulryan declared the Public Hearing opened.
Principal Planner Freitas reported that at the August 5th Council meeting, the Elks
Lodge requested a continuance to provide time to evaluate the proposed General Plan
Amendment relating to their property on Mission Avenue. She stated that staff had
met with members of the Elks Lodge last Wednesday, to explain the proposed Amendment
which makes the land use plan more consistent with City hillside policies. She
noted that the current General Plan identifies the entire 102 acre site as "High
Density Residential", and when staff reviewed the properties in connection with
hillside policies, the designation was clearly inappropriate for portions of the
site. She stated that upper portions of the site are quite steep and visible, with
slopes of 35% to 50%. Slope Stability and Geoseismic hazard ratings for that site
are 3 and 4, with 4 being the most hazardous category. She stated that this Amendment
proposes to reduce the High Density portion of the site to 5 acres and to provide
Hillside Resource Residential and Hillside Residential categories on the remaining
portions of the site. Ms. Freitas referred to page 4 of the staff report, which
showed a Comparison of Residential Potential for the site, showing existing zoning,
current General Plan designation, and the proposed Amendment, as refined. She explained
that there were further refinements since the Planning Commission's hearing, as
a result of a very detailed staff analysis of the site. Some of the portions of
the site, to the East and West of the Existing Elks Lodge complex did not fit the
Hillside Resource designation, since they had slopes of only 10% to 20%. These
areas are recommended to be put back into the High Density Residential category,
for a total of 5 acres instead of 3.7 acres as originally recommended.
Ms. Freitas noted that the balance of the proposed Amendments were discussed at
the last meeting.
There being no public input, Mayor Mulryan declared the Public Hearing closed.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
certifying the Negative Declaration and adopting the Amendments.
RESOLUTION NO. 8494 - CERTIFYING A NEGATIVE DECLARATION AND ADOPTING THE MISCELLANEOUS
GENERAL PLAN AMENDMENTS (GPA 91-1)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner noted there was a discussion at the previous hearing regarding
Item 17 in the General Plan Amendment,which commences on page 8 of the staff report
SRCC MINUTES (Regular) 8/19/91 Page 5
15.
SRCC MINUTES (Regular) 8/19/91 Page 6
and goes on to page 9, regarding Commercial and Industrial Land Use Policies. She
noted that in LU -17, it should read in part, ". . .offices as secondaryuses, except
along Francisco Blvd. West. . .". Ms. Freitas pointed out that there_ will be that
kind of emphasis in the Purpose Statement of the Zoning Ordinance. She stated they
will propose in the new Zoning Ordinance that offices require Use Permits. She stated
they can include the recommended wording. Councilmember Breiner stated that her motion
will include that amendment. The Council had no objection.
PUBLIC HEARING - P90-6 - HILLSIDE RESIDENTIAL DESIGN GUIDELINES MANUAL AND ASSOCIATED
ZONING AND SUBDIVISION ORDINANCE AMENDMENTS (P1) - File 115 x 5-1 x 10-2 x 10-3 x 10-6
Mayor Mulryan declared the Public Hearing opened.
Principal Planner Delimont gave an introductory report and stated that since the
City Council and Planning Commission had held a joint workshop to review the proposed
plan on July 17, 1991, she would not go back over the entire plan. She stated the
consultant Dan Hillmer would briefly outline the Plan for the benefit of the audience.
She added that staff has received some letters regarding how the changes will affect
some existing houses which have gone through.
Consultant Dan Hillmer gave a visual presentation, illustrating how the proposed
Hillside Design Guidelines will improve placement on homes on hillside lots. He
noted that the proposed plan has been carefully reviewed by not only the Advisory
Committee, but the Design Review Board and Planning Commission. He added that the
guidelines focus on site design, significant trees, lot configurations of new
subdivisions, planting guidelines, ridgelines and swales, and architectural character
of hillside designs.
Mr. Hillmer stated they had a letter from the Marin Builders Exchange which was
in agreement with the sensitivity of the designs, but expressing concern about projects
already in the pipeline. He stated they also had a letter from Brent Dickens regarding
homes previously designed, one of which had won a Pacific Coast Builders award,
which would not be allowed under these Guidelines. He stated they had researched
and found that the home in question would not have been allowed under the General
Plan since it spanned a drainage swale.
Ms. Delimont stated that hillside density is a major issue, and also development
within 100 feet of a ridgeline. She noted there is a problem project at 260 Channing
Way, which has undergone total redesign through Design Review, since it is located
on a parcel which is directly on the ridgeline. Delimont read amended text language
proposed by the Planning Commission including the fact that there are no site
development alternatives which avoid ridgeline development and the density has been
reduced to the minimum allowed by the General Plan. She noted that the Planning
Commission had spent considerable time on this project, and they felt this project
should have the minimum legal requirement. She stated that the Commission was
concerned about problem projects, and wanted the Council to have such a list before
them.
Mayor Mulryan stated he is concerned about the most equitable result for these projects.
Ms. Delimont stated that extension of projects will also be an issue, projects which
have gone part way through the process, which might come in for an extension. She
stated decisions on such projects would also depend on how much money has already
been spent on them.
Ms. Delimont then noted that the number of guest parking spaces has been increased
from 2 to 4. Also, the Commission was split on a decision about whether there should
be a maximum floor area of 2,500 square feet + 10% of the lot area, or 2,000 square
feet + 10% of the lot area. Also, for replacement of homes destroyed by fire, minor
additions will be permitted.
Regarding projects in the unincorporated areas which are within the City's sphere
of influence, Ms. Delimont reported that staff has prepared a letter to the Board
of Supervisors requesting that County staff consider the Hillside Design Guidelines
when reviewing such projects. She stated she had spoken with the County Planning
Director and he said they could not change the Ordinance, but they would take these
Guidelines into consideration.
Ms. Delimont recommended that the Council adopt the Guidelines and certify the Negative
Declaration, by adopting the Resolution and passing the Ordinances to print.
Mayor Mulryan asked for a report from the City Attorney.
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SRCC MINUTES (Regular) 8/19/91 Page 7
City Attorney Ragghianti stated he is not yet prepared to give a written opinion.
He stated the question asked is a very difficult one, and he has been unable to
find any reported case which deals directly with it. He stated he checked with
Dan Curtin's office, and they agreed that it is a murky area and that there is not
any definitive opinion involving applications which have been made previous to this
evening, and whether or not the new Guidelines, if they are adopted tonight, can
be applied to the development applications.
Mr. Ragghianti stated that in one instance the applicant has requested an opinion
along those lines. He reminded the Council that they had approved a Work Plan for
this Ordinance and Guidelines in September of 1990. He added that this applicant's
application did not become complete until November of 1990. He stated that the
Government Code, in the Subdivision Map Act, contains a provision that if a City has
initiated proceedings by Ordinance, Resolution or motion, and publicly noticed that
fact, they can apply any rule which they ultimately adopt to all of those applications
which have not become complete as of that date. The issue, as simply stated, is
when Council authorized Planning staff to develop a Work Program, was that sufficient
to trigger that section so the Council can now apply those rules if they choose
to do so, to all of the applicants whose applications were not complete at the time
that was done.
Mr. Ragghianti stated that the reason this is so important is that the Subdivision
Map Act grants the subdivision applications a preeminent position, and creates this
rule which is called the Map Freezing Rule, which means that when such an application,
just for subdivisions, is made to the public entity and is deemed complete by the
City, then the City may thereafter apply no new rules, no new guidelines, policies
or General Plan amendments to that application. The City does not have to grant
the application, but it may not apply after -adopted rules to it, in processing it.
He stated that is exactly what these applicants, one in particular, are asking the
Council to look at. He stated that if his office determines that the City can apply
these new Guidelines to this particular project, and if the City Council determines
that they wish to do that, then of course it will have an economic impact on the
applicant, and all other applicants in similar situations. He stated that all land
use entitlements which are not subdivision applications are not umbrella'd under
the Map Freezing Rule, and the general rule is that you may apply the law in effect
on the day the permit is pulled. So, you may apply new rules to such applications.
He noted that staff is granting a period of time to applicants without subjecting
themselves to these new rules. He stated that as late as today he has been in contact
with other City Attorneys in the State, and one in particular who is an expert,
and they do not know the answers. Mr. Ragghianti stated he was of the opinion when
the question was first asked, that staff was right and the guidelines could be applied
retroactively, but he is not sure yet. He promised to have an answer in writing
before the next Council meeting.
Mayor Mulryan thanked Mr. Ragghianti, and stated the City Council will need the
opinion in order to make a decision.
Councilmember Thayer noted there is a long list of projects which were submitted
prior to September 17, 1990, but were not deemed complete at that time. She mentioned
the three projects being recommended for exemption, and asked if that could give
rise to a cause of discrimination under the Subdivision Map Act.
Mr. Ragghianti stated that the sections he mentioned do not apply to Design Review
applications, only subdivisions.
Harry Winters, spokesman for the Advisory Committee, stated that the Committee had
formally addressed the matter of the 2,500 square feet plus 10% of the lot area,
and the staff later brought up the 2,000 square foot figure. He stated he would
opt for the 2,000 square foot figure which would be better for smaller lots. He
stated he feels strongly on exceptions, and does not feel that the three projects
should be named in the Resolution as exemptions. With regard to the date of compliance,
he noted that a slope ordinance was adopted in 1989, and asked if that could be
applied as notice to applicants. Also, he stated it is his understanding that applications
had to be approved, and not just deemed as being essentially complete. He stated
he would like to document the fact that the Guidelines are considered by many homeowners'
groups as being a good idea.
Ken Solares, owner of the property at 260 Channing Way, described his ridgeline
development, and the fact that he has been before the Design Review Board five times
trying to comply with recommendations regarding mass and visibility. He noted he
has reduced the project from 11 units to 9. He added his project was delayed because
SRCC MINUTES (Regular) 8/19/91 Page 7
of the General Plan, and other requirements
Board have agreed that his project is good
the property for 27 years.
SRCC MINUTES kRegular) 8/19/91 Page 8
of the City. He stated the Design Review
for the site, and added he has owned
Robert Marx stated this is basically a good plan, but the sizes of the houses are
too large and require too much grading. He also recommended that Section P under
14.11.050, Criteria for Approval of Applications, in the Ordinance, giving the Planning
Commission authority to waive any of the criteria without an explanation be deleted
from the Ordinance.
Dorothy Skufca, a member of the Advisory Committee, stated that exemptions should
be decided in the normal course of events, and not be included in the Resolution.
Richard Tarrant, developer of Northview, stated they have been processing their
application for approximately three years, with a goal being to provide affordable
housing. He stated that in January of 1990 they filed their first application for
design review, and that first design would probably comply with these proposed standards,
whereas the new design does not comply. He stated he went through three hearings
before the Design Review Board and came out with the final drawings on August 7,
1990. They are now in the process of completing an EIR (Environmental Impact Report).
He added they have spent considerable funds on the project.
Architect Chris Craiker stated he does not have a project at present which is affected
by the Guidelines, and he feels they are very important, and are essential to any
city's growth. He stated the Guidelines are very soft in some areas, and over -regulatory
in others. He said specific concerns are heights, and FAR's (Floor Area Ratios),
which are extremely rigid. He feels they will create a lot of monotonous architecture
and will discourage design merit and good architecture. He noted that the 2,500
square feet will include an attic, basement and garage, and will result in extremely
small houses. He stated that avoiding glass areas is wrong, and colors should be
appropriate for the location and should not always be dark. He stated the DRB has
the flexibility to look at the designs and judge them on their merits. He feels
that tandem parking in driveways should be allowed. He stated that clustering is
appropriate, and the language in the Guidelines is flexible. He stated large houses
should be encouraged in the proper areas.
Gary Kida stated the Guidelines are very comprehensive, but there are some areas
where they could be tempered, citing that older homes have always been allowed to
be added onto, and under these guidelines they may not have that privilege. Also,
on infill lots applying these guidelines may affect the character of an area. He
questioned the notification process, stating his boss has property included in the
guidelines and he was not notified of the hearings. He remarked that Councilmember
Boro had stated previously that during General Plan hearings every person was noticed,
parcel by parcel. He stated he would like to see more input from professional
organizations.
Mayor Mulryan stated that no decision will be made at this meeting, and he was welcome
to make any recommendations in writing.
Art Knutson, engineer and property owner, stated these guidelines are very restrictive
in some areas and too loose in others. He stated the 2,500 square feet + 10% of
the lot size is reasonable, with an 8,000 square foot maximum. He objected to the
20 -foot height. He also warned about the Planning Commission and Design Review
Board being authorized to make exceptions.
Brent Dickens, architect, opposed the Ordinance, although he found many good things
in it. He stated there is a house in the same area as the award winning house Mr.
Hillmer brought up previously which is built over the site, not on it and is not
visible from over 150 feet away due to the trees surrounding it and employs building
techniques which would not be permitted under the Ordinance. These building techniques
as a guideline are reasonable, but when you apply it to in -fill lots with slopes at
25%, it could be a problem. He stated that decks over living spaces should not be
included in the Ordinance.
Mr. Dickens referred to Area 12 of the Draft Ordinance, Appendix G, stating that
some lots have been approved for development and roads and utilities are in. He
noted most of it is County land. He stated the subdivision was approved 7 years
ago, and now after all the preparation there is another set of rules.
Don Dickinson, representing Marin Conservation League (MCL) stated the League compliments
staff on the Guidelines, which are very comprehensive, and noted that the Citizens
Advisory process seems to be working very well. He stated MCL support the 2,000
SRCC MINUTES (Regular) 8/19/91 Page 8
SRCC MINUTES (Regular) 8/19/91 Page 9
square feet + 10% suggested by staff as an alternative, since it is less restrictive
than other cities. He then addressed the issue of the effective date of the Ordinance,
stating that the City should be careful not to deal with individual circumstances,
but criteria which can be dealt with; specific projects should not be dealt with.
He urged adoption of the regulations.
Victoria DeWitt of West End Neighborhood Association stated her organization has
encouraged these guidelines for a long time. She stated decisions on exceptions
should not be left to a Design Review Board, since their membership changes. She
urged adoption of the guidelines.
Mike Colombo stated he has an in -fill lot in San Rafael with a very steep slope,
and the Ordinance would not allow any building on the site because of the size.
He stated he has an application in which was made prior to the adoption of the Ordinance,
noting that this Ordinance has not been adopted. He stated he does not want to
fall within the Ordinance. He said the only thing left out of the Ordinance is
a design which would eliminate creativity.
Ms. Delimont informed the Council she believes Mr. Colombo was referring to the
Dunand Avenue property.
Marianne Shaw of Loch Lomond Homeowners' Association urged adoption of the Guidelines.
She stated the Ordinance is not perfect, and recommended deletion of Section P,
as mentioned previously.
Sandra Lollini, President of the Gerstle Park Neighborhood Association, stated they
have waited a long time for this, and the guidelines are very comprehensive. She
recommended the Ordinance be adopted.
There being no further public input, Mayor Mulryan closed the public hearing for
this evening.
Mayor Mulryan stated that the "design merit", as an exception, is very broad; the
issue of glass areas needs further clarification. With regard to the in -fill question,
Mayor Mulryan inquired if we are creating an Ordinance which would not allow a building
which is similar to 100% of the community.
Councilmember Thayer stated she has a concern with legal questions. She does not
believe there should be any exceptions, and believes the community has been given
fair warning on many occasions, and many developers have been told they would be
under the new guidelines. She said she favors the 2,000 square feet + 10%, with
upper limit of 6,000 square feet. She stated she is also concerned about notification.
Also, she would like to eliminate Section 2.
Councilmember Breiner stated she would encourage the people with specific concerns
to submit them in writing. She would like to hear about the strengths and the weaknesses.
She also noted page 3, Exhibit B, regarding guest parking spaces, and asked if it
applies to all streets. Ms. Delimont stated she will correct the inconsistency.
She explained that all hillside lots are to have four guest parking spaces.
Mayor Mulryan asked that staff and the consultant give more specific examples of
what would happen if the 2,000 square feet + 10% is adopted. Councilmember Breiner
said she would like a pictorial presentation, and noted that there are some very
large hillside houses in Peacock, and she wonders how large they are. She recommended
the Council go out and look before the next meeting. Mayor Mulryan stated he does
not think many of the houses would comply with the height limitations.f
Mr. Hillmer explained they are not proposing a change to the maximum height limit
of 30 feet. They are proposing step -back or slope -back to the maximum 30 foot height
limit. Mayor Mulryan stated he would like to see examples, as well as comparisons
to houses on site.
Councilmember Boro stated that in -fill lots are a concern of the neighborhoods,
which makes them very restrictive. He feels it is an important issue. Mr. Boro
added the Council needs to have specific criteria before they decide on exemptions
so they can be consistent if they decide to approve any. He also noted that the
Advisory Committee was not without experts, that architect Dick Olmsted is on the
Design Review Board, and engineer Lee Oberkamper was also a member. He asked for
comments from the staff on the issue of Section P, as mentioned by Mr. Marx. Mr. Boro
noted there was discussion at the workshop with the Planning Commission on the 500 foot
minimum, and the effect it might have on second units, and feels that there should
be more discussion on that issue. Mr. Boro noted that several people have brought
up the issue of the Design Review Board, and he would like comment from Mr. Pendoley
about the role of the Design Review Board and its latitude, and why some of the
SRCC MINUTES (Regular) 8/19/91 Page 9
SRCC MINUTES (Regular) 8/19/91 Page 10
steps were taken in the Ordinance. Regarding the issue of notification, Mr. Boro
stated that staff should assure that all affected property owners have been notified
before the next meeting.
Councilmember Shippey agreed that the names of the projects should be left out of
the Resolution. Also, Section P should be taken out of the Ordinance, or tightened
up. Specific steps for review and approval need to be included. He stated he supports
Ms. Thayer regarding the 2,000 square feet + 10%. Also, why were specific materials
named for roofs.
Mr. Hillmer explained that the roofing materials were encouraged, rather than required.
Councilmember Breiner noted there is no maximum slope on which you are not allowed
to build. Ms. Delimont stated this was discussed and our geotechnical person said
the steep slopes are sometimes the most stable slopes. She added that Section P
was in the original Ordinance and staff will go back and look at it.
Mayor Mulryan stated there are some very legitimate questions which must be answered.
He asked Ms. Delimont for an estimate of timing. She recommended a month, and Mayor
Mulryan reopened the public hearing and continued it to the first meeting in
October, the 7th.
Councilmember Shippey inquired about referring the matter back to the Planning Commission,
and Mayor Mulryan asked Ms. Delimont if the Commission had seen these changes, and
she responded in the affirmative, except for the projects in the pipeline. She
said the Commission wanted them passed on to the Council to make the decision.
Councilmember Thayer stated she is concerned about the long delay, and if there
is a cut-off date for applications not complete, then other projects could come
through and not be subject to these guidelines.
Mr. Ragghianti stated that tonight's meeting was noticed so that anything which
came in after today would be subject to the regulations, in any event.
The Public Hearing was continued to October 7, 1991.
(Mayor Mulryan left meeting. Vice -Mayor Breiner presided.)
16. PUBLIC HEARING - TO CONSIDER ESTABLISHING A RATE FOR TAXI VAN SERVICE (Radio Cab
Company) (Fin) - File 9-9
Vice -Mayor Breiner declared the Public Hearing opened.
Finance Director Coleman explained that Radio Cab Company has decided to provide
van service and are requesting a premium rate for the van service since they feel
there is an additional cost involved. This service is optional, and the customers
will be advised that the normal taxi service is also available at a lower cost.
Mr. Coleman added that this rate is the maximum and if for whatever market reasons
this rate is not accepted, then Radio Cab can also charge less than the rate they
are currently asking for.
Councilmember Thayer stated that it should be stressed that the difference in rates
for sedan or van service should be explained to the customers. Mr. Coleman assured
her they will. He stated the premium rate for handicapped has been dropped. There
will be no special charge for wheelchair customers.
There being no public input, the Public Hearing was declared closed.
Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution
establishing the van rates.
RESOLUTION NO. 8495 - ESTABLISHING VAN RATES FOR RADIO CAB COMPANY
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
17. CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 1593 INCREASING PARAMEDIC TAX
RATE FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTY (Fin) - File 9-3-31 x 9-12
Finance Director Coleman reported that the recommended rate for 1991/92 is $28.00
per living unit and $.025 per square foot for nonresidential properties. He noted
SRCC MINUTES (Regular) 8/19/91 Page 10
SRCC MINUTES (Regular) 8/19/91 Page 11
that the rate for the last two years was $25.00 per unit for residential and $.022
per square foot for commercial. He added that the rate last year was limited to
$25.00 because that was the maximum rate in the unincorporated areasserved by our
Fire Department. The unincorporated areas increased the limit last year at a general
election.
Councilmember Shippey inquired about allocation of the funds, and City Manager Nicolai
explained that the revenue from the tax goes to fund the Paramedic program. The tax
rate is set to make sure the funds will cover the program.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1593 (PARAMEDIC SERVICE
SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE FOR FISCAL YEAR 1991/92 FOR RESIDENTIAL
AND NONRESIDENTIAL PROPERTIES"
Councilmember Shippey moved and Councilmember Boro seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only and pass
Charter Ordinance No. 1607 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
18. CITY COUNCIL REPORTS - None.
19. SMITH RANCH PARCEL 3 RESOLUTIONS: (PW) - File 5-1-239
Mr. Bernardi explained there was an error in the original Resolutions and these
amended Resolutions, with the proper names of the developers, are submitted for
adoption.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the two Resolutions,
as amended.
RESOLUTION NO. 8496 - AMENDING RESOLUTION NO. 8484, AUTHORIZING THE SIGNING OF AN
AMENDED DEFERRED IMPROVEMENT AGREEMENT - SMITH RANCH PARCEL
3 WITH ROGER SMITH AND MICHAEL SMITH FOR COMPLIANCE WITH ED89-59
CONDITION (y)
RESOLUTION NO. 8497 - AMENDING RESOLUTION NO. 8485, AUTHORIZING THE SIGNING OF AN
AMENDED DEFERRED IMPROVEMENT AGREEMENT - SMITH RANCH PARCEL
3 WITH ROGER SMITH AND MICHAEL SMITH FOR COMPLIANCE WITH ED89-59
CONDITION (h)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
20. ACCEPTANCE OF FALKIRK CULTURAL CENTER/BOYD HOUSE FEASIBILITY STUDY PREPARED BY KAY
SPRINKEL GRACE (Cult.Affs.) - File 4-10-250 x 9-3-84
City Manager Nicolai informed the Council that the Cultural Affairs Commission already
has copies of this feasibility study; however, she requested Council to formally refer
the Feasibility Study to the Cultural Affairs Commission for review and further
recommendations. She stated she hopes to have a joint workshop with the Council and
Commission to develop a long-range plan.
The Council accepted the report and approved staff recommendation, without motion.
ADD ITEM
DISCUSSION RE: POLICE IMPLEMENTATION OF POLICE FOOT PATROL IN CANAL AREA - File 9-3-30
x 9-2-43
City Manager Nicolai discussed implementation of a Police foot patrol in the Canal area,
and the possibility of renting an RV type vehicle to be used as a command post to help
create more of a Police presence in the area.
Councilmember Boro stated that all Councilmembers have received a number of letters,
and the greater Police presence in the area is important.
SRCC MINUTES (Regular) 8/19/91 Page 11
SRCC MINUTES (Regular) 8/19/91 Page 12
Ms. Nicolai stated she is planning to set up a'meeting with apartment owners and managers
to see what should and should not be done.
Councilmember Thayer commended Ms. Nicolai and Police Chief Ingwersen on taking the initiative
on this problem, and pushing to get results.
Councilmember Breiner stated some people have recommended publishing the names of people
picked up by the Police, and Chief Ingwersen said that is not present newspaper policy.
Ms. Nicolai stated they are going to be working on a more aggressive approach, which
may trigger more complaints, as a result of more Police presence there.
Councilmember Shippey inquired about control of automatic weapons, and Chief Ingwersen
replied the laws are there, but the people are not obeying them. He stated various weapons,
in addition to guns, are being carried by many people.
Councilmember Boro said it is important for people to know what the City is doing, and
why.
There being no further business, the meeting was adjourned at 10:40 P.M.
/% er.�
JEA SNI. LEONCI 1\, City C k
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 8/19/91 Page 12