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HomeMy WebLinkAboutCC Minutes 1991-10-07SRCC MINUTE! Regular) 10/7/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 7, 1991, AT 7:00 PM CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-19(a) - #2. Not Discussed. No. 91-19(b) - V. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 7, 1991, AT 8:00 PM Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Joan Thayer, Councilmember Absent: Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE Lawrence E. Mulryan, Mayor Michael A. Shippey, Councilmember I. MARIN UNITED TAXPAYERS ASSOCIATION (MUTA) REQUEST FOR RECONSIDERATION OF CITY'S DENIAL OF USE OF COUNCIL CHAMBERS FOR THEIR ANNUAL MEETING - File 100 Fielding Greaves, Secretary of the Marin United Taxpayers Association (MUTA) stated that on August 30, 1991 MUTA had sent a letter to the City requesting rental of the Council Chambers for their annual meeting to which the public would be invited. The request was denied orally by the City Manager on August 30, 1991. Mr. Greaves pointed out that three times in the past his organization has been authorized to use the facility for that purpose, and also they understand that other organizations have been allowed use of the Chambers. Mr. Greaves cited three Supreme Court cases on First Amendment rights in connection with the use of public property, and also noted that the largest portion of MUTA membership consists of residents of San Rafael. He requested reconsideration of the City's denial of the use of its facility. The City Council declined to take any action on the request. II. COMPLAINTS RE DAY LABOR PROBLEM, INCLUDING DAY LABOR CENTER SITE IN CANAL AREA - File 100 Craig Cam bell and Sue Gilliam stated that there should be an Environmental Impact Report (EN) in connection with the proposed day labor center which is under consideration for the Canal area. They expressed concern about the facility bring- ing even more people into the area. Vice -Mayor Breiner stated there is going to be a meeting on October 15, at which interested groups will be present, and the matter would have to go through the City process. III. COMPLAINT RE LACK OF WIDER PUBLIC INFORMATION OF EAST SAN RAFAEL TASK FORCE MEETINGS - File 9-2-43 x 100 Alice Vipiana objected to meetings of the Task Force being held without proper notification so interested citizens could attend. She expressed concern on the subject of illegal aliens, and their applicability to Federal laws. CONSENT CALENDAR Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting Approved as submitted. with Planning Commission and Regular Meeting of September 6, 1991 (CC) SRCC MINUTES (Regular) 10/7/91 Page 1 SRCC MINUTES ,Aegular) 10/7/91 Page 2 3. Approval of Cooperative Agreement with Removed from agenda at request CalTrans for the Construction of Merrydale of staff. Overcrossing (PW) - File 4-8-23 x 4-3-216 x 11-1 4. Report on Bid Opening and Award of Contract RESOLUTION NO. 8521 - AWARD - Downtown Relamping of Traffic Signals and OF CONTRACT (DOWNTOWN RELAMPING Signs (PW) - File 4-1-447 OF TRAFFIC SIGNALS AND SIGNS, PROJECT NO. 006-40696238000(B), Community Electric, Inc., lowest responsible bidder, $9,650) 7. Resolution Approving Two -Year Extension of RESOLUTION NO. 8522 - AUTHORIZING Albert Park Concession Contract with Dolly THE SIGNING OF A CONTRACT, LEASE Nave, Official Hostess (Rec) - File 4-10-161 OR AGREEMENT (w/Dolly Nave, extending the Albert Park Concession Agreement for Two Years - from July 1, 1991 to June 30, 1993) 8. Resolution Authorizing Application for RESOLUTION NO. 8523 - AUTHORIZING After School Child Care Services Planning THE SUBMITTAL OF A GRANT Grant from State Department of Education and APPLICATION TO THE STATE Child Care Development Division (Rec) - DEPARTMENT OF EDUCATION FOR File 4-10-238 $10,000.00 FOR AN AFTER SCHOOL CHILD CARE SERVICES PLANNING GRANT (For Dixie and Mary Silveira Schools) (Latchkey Funds) 9. Agreement for Pepsi Play Park Grant for RESOLUTION NO. 8524 - AUTHORIZING Pickleweed Park (Rec) - File 4-10-258 x THE SIGNING OF A CONTRACT, 9-3-65 x 9-3-66 LEASE OR AGREEMENT (w/Pepsi for Pepsi Playpark Grant for Use at Pickleweed Park) 10. Child Care Program Status Report (Rec) - Accepted report. File 4-10-188a 11. Resolution Authorizing Execution of RESOLUTION NO. 8525 - AUTHORIZING Agreement for Professional Services with THE SIGNING OF A CONTRACT, LEASE Susan Baerg Epstein, Automation Consultant OR AGREEMENT (w/Susan Baerg (Lib) - File 4-10-259 x 9-3-61 Epstein, Library Automation Consultant) (October 7, 1991 - December 31, 1993) 12. Resolutions of Appreciation for 1991 Construction Industry Man of the Year (CM) - File 102 a. Jack MacPhail RESOLUTION NO. 8526 - RESOLUTION OF APPRECIATION TO JACK MacPhail (Posthumously) b. Walter G. Thompson RESOLUTION NO. 8527 - RESOLUTION OF APPRECIATION TO WALTER G. THOMPSON 13. Claims for Damages: Approved Insurance Consulting Associates', Inc., recommend - a. Lynn Star (PD) ation for Denial of Claims a, b, Claim No. 3-1-1551(a) c, d & e. b. Lynn Star (PD) Claim No. 3-1-1551(b) C. Derick Siu Wa Hung (PW) Claim No. 3-1-1556 d. Charles Bullock (PD) Claim No. 3-1-1560 e. Pensabene International, Inc. (PW) Claim No. 3-1-1581 SRCC MINUTES (Regular) 10/7/91 Page 2 SRCC MINUTES kRegular) 10/7/91 Page 3 f. Alycia McMahon (PW) Approved City Attorney's Claim No. 3-1-1584 recommendation for denial of Claim f. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan The following items were removed from the Consent Calendar for further discussion: 5. REPORT ON UNREINFORCED MASONRY BUILDINGS (PW) - File 4-3-235 x 13-1 x 9-3-40 x 1-6-1 Councilmember Boro stated that it is important to work with the Downtown Plan Committee on this issue, and when it is brought forward to the City Council, that group should be represented. Public Works Director Bernardi responded that Mr. Boro's wishes are being followed, since architect Fred Divine is the Downtown Plan Committee representative on the Unreinforced Masonry Ordinance. Councilmember Boro moved and Councilmember Thayer seconded, to accept the staff report on unreinforced masonry buildings. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan 6. REQUEST FROM DOWNTOWN MERCHANTS ASSOCIATION FOR CLOSURE OF CITY STREETS FOR THE FUN RUN EVENT ON SUNDAY, OCTOBER 13, 1991, TO BENEFIT EASTER SEALS (RA) - File 11-19 Councilmember Boro noted that the race will not go in front of St. Raphael's church, and there will be no closure of Fifth Avenue at that point, but he reminded staff that a letter had been received from the pastor of St. Raphael's expressing his concerns over the recent bicycle race, and then a letter was received from the promoter of the race thanking everyone for how well it went. Mr. Boro said that if there is any thought of putting the bicycle race on next year, that the Monsignor be contacted in advance, since this year there was lack of notification given to the church. Assistant Executive Director, Redevelopment, Ours responded that since the letter was received from the promoter, Chris Lange, he was informed that there would not be another race in San Rafael until the problems encountered this year had been resolved to the satisfaction of everyone involved. Councilmember Boro moved and Councilmember Thayer seconded, to approve the closure of the 800 block of Fourth Street for the foot race, and partial closure of Cijos, Lootens Place, Fifth and Lincoln Avenues. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan 14. PUBLIC HEARING - CONSIDERATION TO GRANT A CERTIFICATE OF CONVENIENCE TO MILL VALLEY TAXIS, INC., dba BELAIRE CAB, FOR TAX SERVICE (Fin) - File 9-9 Vice -Mayor Breiner opened the Public Hearing. Finance Director Coleman briefed the Council, stating that Belaire Cab Company has applied for a Certificate of Convenience to enable them to operate in the City of San Rafael. He noted that the City has two cab companies which are currently authorized to pick up passengers within the City, and Mill Valley Taxis, dba Belaire Cab Company, has now applied to operate as the third cab company in San Rafael. He stated that the average age of the five Belaire cabs which would be operating in San Rafael is less than that of the two cab companies presently operating within the City. Mr. Coleman noted that Radio Cab Company feels that there is an adequate number of cabs already available in San Rafael, and feels the City should deny the request. However, the irony of the situation is that when Radio Cab successfully applied for a permit to operate in Mill Valley they stated they welcomed competition and would support an application from Belaire to operate in San Rafael. Mr. Coleman added that Belaire is an experienced cab company and he does not feel SRCC MINUTES (Regular) 10/7/91 Page 3 SRCC MINUTES (Regular) 10/7/91 Page 4 their operation in San Rafael would lower the level of cab service, but could improve it by giving the consumer greater choice. He said they would be operating 22 hours a day, and would not operate between 3:00 and 5:00 a.m. Also, they do not have special handicapped service; this was voluntary on the part of Radio Cab. Mr. Coleman said he would recommend approval, provided the company operates 22 hours per day and use the cabs as represented and not any lesser vehicles. He said he would suggest giving at least a year to see if there is any negative impact on allowing a third cab company. Councilmember Thayer inquired what is the purpose of the City regulating the number of cab companies. Mr. Coleman said that has been traditional, and it also includes the fares. One reason is to determine that there is not a traffic impact caused by taxis, and to make sure there are no people operating the cabs who have negative backgrounds and would cause a problem for people using the service. He stated the City allows the rates to be regulated by the CPI (Consumer Price Index). He explained that the City has an Ordinance which requires the cab companies to go through this process and request a Certificate of Convenience to be approved by the City Council. He said the process could be changed at some future time, but noted this does not happen very often and the last time there was a request was in 1984 and prior to that it was probably 20 or 30 years. He noted the Ordinance could be changed. Mr. Coleman added that currently there are only the two cab companies permitted to pick up fares in San Rafael - Radio Cab and Yellow Cab, and if approved Belaire could pick up fares in San Rafael also. He noted that anyone can bring passengers into San Rafael, but the pickup is only with the authorization. Lawrence Harvey, owner of Belaire Cab Company, stated he has been operating since 1955 and has been president of the company since 1974. He added he is proud of their safety record, and the drivers have been with the company for at least ten years. He is proud of their equipment; and they will be charging 10� less per mile on the meter. There being no further public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution authorizing a Certificate of Convenience for Mill Valley Taxis, dba Belaire Cab Company. RESOLUTION NO. 8528 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO MILL VALLEY TAXIS, INC. DBA BELAIRE CAB COMPANY AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan 15. 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 Vice -Mayor Breiner declared the Public Hearing opened. Planning Director Pendoley informed the Council that staff will give a brief summary of each of the six key issues and then answer questions and receive comments. He recommended that in the public portion of the hearing the public address the various issues separately, one at a time. Principal Planner Delimont listed the six key issues to be addressed: 1) Replacement of Homes 2) Ridgeline Development 3) Parking 4) Exception Language 5) Gross Square Footage 6) Pending ("Pipeline") Destroyed by Disaster & Design Issues Projects There were no questions from the Council on the first two issues. Item 3, Parking: Ms. Delimont pointed out the revised wording, stating that the Council questioned whether the Planning Commission's recommendation of four on-site parking spaces applied to all lots or only parcels on substandard lots. Staff brought this issue back for clarification and the Commission recommended that two guest parking spaces be required on substandard streets, but that a waiver be allowed when the size or shape of the lot, excessive grading, or tree removal made the requirement infeasible. SRCC MINUTES (Regular) 10/7/91 Page 4 SRCC MINUTES (Regular) 10/7/91 Page 5 Vice -Mayor Breiner inquired about the current requirement, and Ms. Delimont responded the current Ordinance requires two spaces. Councilmember Thayer noted that a second unit would have to have an additional parking space. On Item 4, Ms. Delimont noted the exception language. She stated this came up at the last City Council meeting as a major issue. She noted that the language before the Council tonight was recommended by the Commission, and would provide exceptions based on meeting the objectives of the Guidelines and providing an authentic design solution which is environmentally superior and with greater sensitivity to the natural setting and compatibility to the nearby structures. She stated that the Design Review Board and architects testifying at the hearing strongly supported retaining design flexibility and this would implement their concerns as well. Also, the Neighborhood Association members of the Advisory Committee have informed her that the language being offered does address their concerns. Councilmember Thayer inquired how could we carry out the objectives of the standards if all of the criteria is waivable. She noted most of the criteria say "may" or "should"s, except the ridgelines, size of dwellings, and replacement of trees on a 3:1 ratio. She said it was not the Committee's intention that there would be this type of discretion. Councilmember Boro stated that was his concern. He said the Committee agreed to this due to the fact that it would come through the City Council for approval. He said it was his understanding that this wording has the Committee's approval. Ms. Delimont responded that if it is approved by the City Council, it has to be superior to what the Guidelines require. She stated she had gone with Brent Dickens to see his hillside homes. One site, because the homes were on piers, he was able to design around the trees and not disturb them, and with a minimum of grading and vegetation removal. She stated the homes were not visible. She stated there could be circumstances come up where an architect comes up with a creative design which would be superior. He would have to meet the overall objectives of the Guidelines, and the exception could only be granted by the City Council after careful consideration by the Design Review Board and City Council. She said exceptions would not be granted wholesale, but by a very careful decision by everyone involved with the project. Consultant Dan Hillmer then showed 15 slides, illustrating good and bad hillside designs, all within San Rafael. Regarding Item 6, Pending (Pipeline) Projects, Ms. Delimont stated that the City Attorney has now verified that the Guidelines would be applicable to subdivision projects which were incomplete as of the September 17, 1990 City Council hearing at which the Work Program was approved. She stated that the staff report to the Planning Commission on September 24, 1991, listed all of the projects and their current status. The only subdivision project which was complete as of the September 17, 1990 cutoff date is the Oakridge project. Other type projects which were complete as of that date were 10 E. Crescent and Mountain Estates. The Northview project was filed and received Design Review approval prior to September 17, 1990, but was not yet a complete application. She added that 260 Channing Way and Vista Marin (Scettrini project) were filed after September 17, 1990, and have since received Design Review approval. She stated that other projects on the list are incomplete. Ms. Delimont reported that there were several options listed in the Planning Commission's staff report. They were: Option 1) Allow no additional exemptions other than those mandated by the Subdivision Map Act for subdivisions complete as of September 17, 1990, which would potentially be Oakridge; Option 2), Exempt all other projects complete as of the September 17, 1990 hearing, (10 E. Crescent and Mountain Estates); Option 3) In addition to the above, exempt projects which were filed and received Design Review Board approval prior to the September 17, 1990 hearing (Northview); recognizing the time and money spent to comply with design criteria; Option 4) In addition to the above, exempt projects filed after September 17, 1990 which have since received DRB approval (Vista Marin and 260 Channing Way), again recognizes the time and money spent on design, but negates the City's attempt to broadly apply the Guidelines; and Option 5) Exempt all projects which were filed prior to adoption of the Guidelines, which would be all of the projects on the list. Ms. Delimont noted this would not recognize the differing levels of time, money and energy expended by applicants. She stated that the Planning Commission adopted Option 1, on a 6-1 vote. SRCC MINUTES (Regular) 10/7/91 Page 5 SRCC MINUTES (Regular) 10/7/91 Page 6 Ms. Delimont stated that another issue was about projects which have gone through and received approval and come back for extensions. She stated staff recommends that they must pull building permits within two years from the effective date of the Guidelines, and there would be no extensions beyond that time frame. Councilmember Thayer inquired why Oakridge was exempted "potentially", and Ms. Delimont explained that, in discussion with the City Attorney, that was a minor subdivision to create a parcel for a health facility and the larger parcel for the Oakridge apartments, and the City Attorney's interpretation was that the exemption would apply to that project. Ms. Delimont explained that the subdivision was filed in 1989, prior to the standards. It went through the EIR process and is now going through the DRB for final design, and the overall package was complete before the time in question. City Attorney Ragghianti stated he took the position applied to all subdivision applications which were complete prior to September 17, 1990 and this one was complete prior to that date. He said in his judgment according to the Map Act this project complies. Vice -Mayor Breiner asked the public for comment, requesting that they limit their remarks to the six issues under discussion. Architect Gary Kida spoke regarding replacement of homes destroyed by disaster and asked that there not be restrictions in the new Ordinance on a homeowner already burdened with the loss of their home. He stated the wording for the exemptions is satisfactory, and noted that the wording was basically recommended by Architect Dick Olmsted, a member of the Hillside Guidelines Committee. Mr. Kida stated that, in the presentation by Mr. Hillmer, he questions how many of the homes shown had been designed by architects. He also questioned the square footage specified. He stated that including the garage in the square footage of the residence, as proposed in the Ordinance will have people designing minimum size garages in order to maximize the living area. He said this might create a parking problem, with people using the small garages for storage and parking in their driveways. Michel Rousselin of Fairhills Homeowners recommended, regarding the issue of exceptions, that the Guidelines be kept as strong as possible, that too much flexibility will negate the Standards. He said every project will have something exceptional, and asked that the Council consider his recommendation. Cyr Miller of West End Neighborhood Association welcomed the Guidelines and concurred with the decisions made by the Planning Commission on September 24. He said exemptions should be limited to those which are absolutely legally necessary and limit approval to the City Council. Architect Matthew Guthrie stated he has a problem with a site (Oakview School) which has been graded so part is flat, but part is hillside, and he does not know how the Guidelines would apply. Ms. Delimont responded that staff would take an average of the overall site. She said she thinks the site he is discussing has an average under 25%, and would not apply. Mr. Guthrie stated there should be exemptions for such a site. Mr. Guthrie stated he is also involved with the 10 E. Crescent site, and inquired if it would come under the Guidelines. Ms. Delimont responded that in reviewing it, it meets the standards. Mary Ellen Irwin, a member of the Hillside Design Standards Committee, and a Fairhills resident, stated she is not speaking for the Committee at this time, but appreciates the effort to preserve the beauty of the hillsides. Regarding exemptions, she said there was a temporary Slope Ordinance, and everyone knew these guidelines and standards were coming. She stated the developers should have known about it, and she questioned the fairness of exemptions. She stated we need strict guidelines, because of issues brought up by Mr. Guthrie. She stated everyone on the Committee was worried about the issue of exceptional design merit, and she stated she would personally suggest that it be removed from the Ordinance. Shirley McClung, representing the Bret Harte Homeowners, stated she is very impressed by the work which has been done, and because of not having such an Ordinance a hillside in Bret Harte has been destroyed. She asked that the Ordinance be passed. Harry Winters said he had done a survey and found that one out of seven homes in the area were designed by architects, and the rest by developers and their draftsmen. He stated the 6 out of 7 need these regulations. He spoke of an item not on this agenda, which was the maximum limit for a house. He thinks SRCC MINUTES (Regular) 10/7/91 Page 6 SRCC MINUTES (Regular) 10/7/91 Page 7 the maximum limit was 8,000 square feet. Mr. Winters also stated that he agrees with rebuilding of a destroyed home, but feels that the Guidelines should apply if the owners want to make any changes when rebuilding. Sandy Lollini, President of the Gerstle Park Neighborhood Association, stated this has been a long time coming, and is a major step in the right direction. They are guidelines, and are flexible for the architects. She said she hopes the Council will pass this tonight. Greq Brockbank, representing the North San Rafael Coalition of Residents, stated that he previously had a concern about the exemptions, but supports the Guidelines. Linda Bellatorre, Planning Commissioner, agreed with Mr. Winters on the maximum house size. She said there was also the question of a maximum house size on small lots, and this should be addressed. Richard Tarrant, developer of Northview, stated he had written each Councilmember regarding his project, and asked that this item not be considered tonight, but that the Council wait for a full Council to be present. He noted the Ordinance could be passed tonight and exemptions be acted on later. He noted the length of time he has been working on his project, and the many times he has been before the Planning Commission and Design Review Board. He stated his project should be exempted since it had received design approval prior to September 17, 1990, and had three hearings before the Design Review Board. He noted there have been no complaints about the project from neighboring areas. Dorothy Skufca, a member of the Hillside Design Committee and President of the Contempo Marin Homeowners Association, stated that the homeowners have not reviewed the project, but that Planning staff has arranged a meeting on this project on October 30th. Robert Marx congratulated the City on better protection for hillside land. He objected to the exemptions process whereby the Guidelines could be waived and called it a "loophole". He stated the Guidelines are written so the Council could go for or against them. Marianne Shaw of Loch Lomond stated she wishes they had these Guidelines so the subdivision approved above her area could have been handled differently. She stated the Council has as much discretion to pass this Ordinance tonight as they have to ignore it. She stated that making an exemption for Mr. Tarrant's project would be unfair. There being no further input, the Public Hearing was closed. Councilmember Thayer questioned the time allowed by the Planning Department regarding extensions, and Ms. Delimont responded that it is often 4 to 6 years, and staff is recommending 2 in these cases. Ms. Thayer stated that makes it more restrictive and Ms. Delimont explained that people who have gotten through the process will be put on notice that they must pull their permits within the time limit allotted. Ms. Thayer noted that house size was one of the issues discussed before, and suggested discussing the 8,000 square feet versus the 6,000 square feet, and put a maximum on it, if the council so chooses. Regarding the "exceptional merit", Ms. Thayer stated the Committee felt that the hillside is more sublime than any structure on it, and the Guidelines were for hillside protection. She noted many of the guidelines are not mandatory, but the few which are are an extreme departure from what we have done in the past. She noted there is one exception to the Oakview former school site in Terra Linda in that there would be no other economic use of the property. She stated that any developer could make an argument for some sort of superior design, and noted that she has looked at 45 examples which were terrible. She stated it is an issue to decide tonight. She noted that under some options there could be a series of projects coming under the date of adoption that extends the period of time and she would not want to see that happen. Councilmember Boro stated he supports the Ordinance as sent to the Council by the Planning Commission. He stated he has two questions, one regarding the pipeline projects, and the other with the maximum limits. He stated he would have liked to have had the Planning Commission's reaction to the issue of the pipeline projects and equity. He noted that in the memo from the City SRCC MINUTES (Regular) 10/7/91 Page 7 SRCC MINUTES (Rei ar) 10/7/91 Page 8 Attorney dated September 12, 1991, he made a comment that the Council may permit exceptions to the blanket application of the new guidelines and should treat applicants fairly, given the length of time the applications had been pending, the expense, etc. Also, exemptions could be granted based on criteria to be established. He noted that Mr. Tarrant had spoken about passing the Ordinance tonight and not addressing the exemptions. City Attorney Ragghianti responded that if this Ordinance is substantially changed it would have to go back to a first reading. He stated he had spoken with Mr. Tarrant and had told him he did not feel the Ordinance could be passed without the retroactivity and that the same treatment should be given to any of the projects. He stated that is up to the Council. Mr. Boro then referred to Page 5 of the Planning Commission staff report of September 24, 1991, specifically Options 1 and 2, and stated he feels September 17, 1990 is the point of demarkation. He said he understands that Oakridge would be approved. He asked for a review of what had happened to 10 E. Crescent, Mountain Estates and Northview, prior to September 17, 1990. Mr. Ragghianti stated he wished to make it clear that Oakridge has to be processed without applying the new rules, but approval of the project is still up to the Council. Planning Director Pendoley informed the Council that the second possible exemption would be projects deemed complete other than subdivisions. He stated the second category would include 10 E. Crescent and Mountain Estates. He stated 10 E. Crescent is a small 5 unit condominium project off the Miracle Mile, and is in full compliance with the Standards being reviewed. Mountain Estates, however, is not in any respects in compliance with the Guidelines. As a result of the findings of the EIR, some were so serious the project might be denied. If this exemption were granted it would have no effect, since the owner has asked that the processing be stopped. He stated that DRB approval before September 17, 1990 would add Northview to the list. He stated all but four to seven of the units are in compliance, which are the uppermost units at the back of the property and they need to be redesigned in order to be in full compliance. He stated the project is quite close to the Guidelines. Mr. Boro inquired, regarding Contempo Marin Mobilehome Park, if this exception were granted, how would it work. Mr. Pendoley responded that it would proceed with processing and the next step is to go to a neighborhood meeting. The EIR is presently in process, and it is not unusual for a project to go through some amount of redesign as a result of the EIR. Mr. Boro asked would Contempo be at a disadvantage if the exception were granted, and Mr. Pendoley responded whether it was granted or not, it would have to go through the process, and noted it is possible that some of the units would have to be redesigned anyway. Mr. Boro then inquired about, during the slide presentation, there was mention of 2,500 square feet plus 10% maximum limit, basically one -acre lots. He noted the Planning Commission did not have a recommendation on that, and asked did they leave it open. Ms. Delimont responded that the Commission had left it open, with a split vote, and that the Homeowners members of the Advisory Committee recommended a cap of 8,000 square feet be placed on it, to address extremely large units which could be allowed on large parcels. She stated that is a third option for the Council. Vice -Mayor Breiner noted that the base has still not been resolved, as 2,000 or 2,500 square feet. She stated as she recalls the Planning Commission did not take a stand. Councilmember Thayer stated she had a considerable amount of feedback from the Committee on the 6,000 square foot size, along with input from the Marin Conservation League and the Sierra Club on this issue, that 6,000 square feet be the cap, and she asked for Council consideration. Vice -Mayor Breiner stated there are a number of issues to decide upon and one request to delay because there is not a full Council. She noted the Council has the ability to proceed because there are three members present. Councilmember Boro stated he feels that by his supporting the Planning Commission's recommendations, excluding the pipeline it puts him at odds with Ms. Thayer because she is not supporting the exceptions. Vice -Mayor Breiner stated she has been concerned about the equities, as well. She stated it seems that if someone has proceeded through Design Review there is a lot to be said for that. She stated she has been leaning toward Option 3, which addresses control and yet fairness. She stated that Northview is fairly close to the Guidelines, and because of the Guidelines we will have SRCC MINUTES (Regular) 10/7/91 Page 8 SRCC MINUTES kRegular) 10/7/91 Page 9 much stronger and much more attractive buildings than in the past. She stated that an important thing to remember is that many of the buildings which are pointed out as being most offensive are buildings which were built far back in the past without the benefit of a Design Review Board to begin with. She stated that our current Design Review Board is one of the strongest which we have had, and goes further than many other Design Review Boards go in other with the tone of the Guidelines and with the Ordinance, and feels they address issues needed by the community in the past. She said in the interest of fairness she would support Option 3 as the cutoff. In terms of maximum unit size limit, Ms. Breiner said she could go with 6,000 square feet. She inquired of Ms. Thayer how she felt about the base size. Ms. Thayer stated she favored a base size of 2,000 square feet. She said the Planning Commission and the Committee favored Option 1. She inquired of Mr. Pendoley about his statement that Northview was close to compliance and that any modifications would be minor, and Mr. Pendoley replied that is correct. Out of the 41 units there are somewhere between 4 and 7 units to be redesigned for closer compliance, but the majority is in compliance. Ms. Thayer stated that in that case, not much would have to be done in terms of design for them to conform to the Guidelines. Mr. Pendoley agreed. Mr. Boro inquired if Ms. Thayer is concluding the value of exemptions, and she said she is not. Mr. Boro noted that as a result of the EIR there may be some reductions in the project and also some redesign. She said she feels that Option 1 would not be too onerous, given the fact that some of these projects are close to meeting the standards, and might require minor revisions. Vice -Mayor Breiner asked for discussion on the various issues, one at a time, commencing with the square footage issue. She asked does the Council want a maximum of 8,000 square feet, or 6,000 square feet. Councilmember Boro noted that if we go with 2,500 square feet the maximum would be 6,500 square feet. Vice -Mayor Breiner asked does the Council prefer a maximum of 8,000 square feet for a 40,000 square foot lot, or 6,000 square foot lot, and do they want the base to be 2,000 or 2,500 square feet. Mr. Boro stated he could support either one, but would prefer 2,500 with a 6,500 maximum. Ms. Thayer said she could support either the 6,500 or 6,000. Vice -Mayor Breiner stated she would be willing to go along with 2,500 plus 10%, if they could have an annual review showing what they are ending up with along those lines, so that if we wanted to change it there would be data for the Council to refer to. Ms. Thayer said she could go with the additional 500 square feet. Mr. Boro then stated the key issue is the exceptions language. He said Ms. Thayer is not adopting the recommendations of the Planning Commission, but he is. Vice -Mayor Breiner stated she feels the exceptions language is right. She also went to see Brent Dickens' home. While it is not within our Guidelines, it was superb. She stated that with a very strong Design Review Board she would go along with it as written. Ms. Thayer cited the hilltop Villa Marin was touted as having exceptional design, and allowed by the DRB. Vice -Mayor Breiner stated she does not believe we had a DRB when that building was built. Ms. Breiner noted agreement on the 6,500 square foot maximum, and stated that leaves the exceptions to be decided upon. Mr. Boro stated that, after discussing the problem projects, all parties would be best served by approving Option 1. He stated the process will be served. He stated when the Guidelines were started in 1990 the City was trying to get a message out. He suggested approving Option 1. Vice -Mayor Breiner asked that staff incorporate the Council's decisions into the related documents. Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution certifying a Negative Declaration and approving the Hillside Residential Design Guidelines. RESOLUTION NO. 8529 - CERTIFYING A NEGATIVE DECLARATION AND APPROVING THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan SRCC MINUTES (Regular) 10/7/91 Page 9 SRCC MINUTES kRegular) 10/7/91 Page 10 Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution requesting that Marin County use the Guidelines Manual in their evaluations of property within San Rafael's sphere of influence. RESOLUTION NO. 8530 - REQUESTING THAT MARIN COUNTY USE THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES MANUAL IN EVALUATING HILLSIDE PROJECTS LOCATED IN UNINCORPORATED AREAS WITHIN THE CITY OF SAN RAFAEL'S SPHERE OF INFLUENCE AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 15.34 OF THE SUBDIVISION ORDINANCE TO PROVIDE STANDARDS FOR HILLSIDE SUBDIVISIONS." Councilmember Boro 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. 1609 to print by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE RESIDENTIAL DESIGN GUIDELINES" Councilmember Thayer moved that the Ordinance be passed to print, with the exception of Section P regarding exceptions. The motion died for lack of a second. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE RESIDENTIAL DESIGN GUIDELINES" Councilmember Boro moved and Vice -Mayor Breiner seconded, to dispense with the reading of the Ordinance in its entirety, to incorporate wording including 2,500 square foot plus 10% minimum housing, with a cap of 6,500 square feet, and refer to it by title only, and pass Charter Ordinance No. 1610 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner (with Councilmember Thayer stating that she still objected to one section (P), but wanted the Guidelines to go forward) NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan 16. REPORT ON ISSUES IN GERSTLE PARK NEIGHBORHOOD AREA NEAR SAFEWAY AND SEVEN/ELEVEN STORES ON "B" STREET (CM) - File 13-1 x 100 x 9-1 x 9-3-30 City Manager Nicolai briefed the Council on the situation, stating that she has been meeting with the Police Chief and other law enforcement people in the county, and it is not possible as it was in the past to simply go into an area and clean it up. She stated that after six weeks there has been concerted effort in the Canal area, and now the drug dealers have come to the "B" Street area. She said this is a bigger problem than previously, and she is recommended we deal with the crack problem on a continuing basis, since it has the potential for becoming a far more serious Countywide problem if San Rafael does not continue its efforts. She said she does not expect the problem to go away in the short term and noted that it would take 8 to 10 months to get newly -sworn officers out on the street after training. She stated the drug dealing has increased in the "B" Street area over the past month, and noted two major problem buildings, 809 "B" Street and 822 "B" Street. She noted that regarding 809 "B" Street, a Use Permit was not required for the St. Vincent de Paul dining room since there was historic use on the site as a restaurant. SRCC MINUTES (Regular) 10/7/91 Page 10 SRCC MINUTES (Regular) 10/7/91 Page 11 Ms. Nicolai said there is no question we are undermanned, and will have to shift our efforts as best we can. She noted that the City has been receiving help from the County, State and Federal law enforcement agencies and hopes it will continue. She noted the law enforcement resources are stretched throughout the State. She said she hopes it can be stopped before it gets worse, and noted it has become a serious problem throughout the Bay Area, and that dealers are coming from the East Bay and going into various areas in Marin. She said in this emergency she will not address the budgetary issues, but they will have to be addressed in the future. Ms. Nicolai then addressed the ripple effect of the booking fees charged by the County as a result of State cutbacks. She said with the number of arrests being made the booking fees are amounting to a large amount of money and she is hoping that in these cases the booking fees may be waived. Vice -Mayor Breiner inquired about what type of coordinating is being done with property owners. Ms. Nicolai responded that in the Canal area they have the problem of absentee property owners. She is trying to get the cooperation of multi -unit buildings and see what can be done. She stated the overcrowding problem in the Canal area creates an environment where drug deals can occur under the noses of the property owners. Ms. Breiner inquired if they all have on-site managers, and Ms. Nicolai said she does not know. Ms. Breiner stated she would like to know if that could be a requirement. Councilmember Boro said he has the impression, from talking with the Police Chief, that people are coming here from all over Marin, and he recommended concentrating on looking at the buyers, as well as the dealers. Ms. Nicolai said that after a period when that has been addressed they will have a better idea of where the market is coming from. Mr. Boro inquired, if a property owner is given notice that there is a problem on his property and it continues what can be done about it. Vice -Mayor Breiner inquired if we have to have an Ordinance. City Attorney Ragghianti said he thinks the City would need an Ordinance, and that Assistant City Attorney Belue is looking into it. Vice -Mayor Breiner urged that it be done promptly. Councilmember Thayer inquired about the shutting down of Bermuda Palms, and Ms. Nicolai said that could be done by Red Light Abatement; however, the owner shut it down himself before the action. Ms. Thayer stated that the most important sentence in Ms. Nicolai's staff report is the last sentence, where it states, "The most common theme we hear from other jurisdictions who have crack cocaine problems is that they regret not making the kind of serious effort that we are when it is first noticed". She stated the County should waive the $85 booking fees, which result in the City paying the County for every criminal we catch. Ms. Nicolai addressed the problems with 809 "B" Street, above the dining room, stating that the owner was out of town for a long time. She said there is drug dealing upstairs, as well as illegal units which were discovered by the Code Enforcement Officer after a fire there in August. She said there are numerous code violations, but not serious enough to shut it down. She said the owner was sent an enforcement letter regarding the illegal units, which at present are mostly vacant. Ms. Thayer said she had spoken with the Chief of Police and he felt that the residents should walk out in the streets and not let the conditions keep them in their houses. Ms. Thayer recommended having the Police help citizens' groups by meeting with them to discuss the problems. Mr. Boro stated he was in a meeting last week, where it was announced that St. Vincent de Paul Society is buying the building housing Gonzales Restaurant, but regarding the Use Permit the owner of the building has not been responsive to the Committee. He said they need volunteers from St. Vincent de Paul, to walk the streets in the area and make sure their clients do not cause problems. He said he is getting together the surrounding neighbors and the St. Vincent de Paul people, as well as nearby merchants, in the hope they can solve their problems. He noted that the St. Vincent de Paul's mission should continue, SRCC MINUTES (Regular) 10/7/91 Page 11 SRCC MINUTES (Regular) 10/7/91 Page 12 but they have an obligation to the community. Ms. Breiner stated she hopes there could be a meeting with the people running the dining room within the next couple of weeks. Steve Patterson of the Gerstle Park area spoke of the deteriorating condition of the area around "B" Street, as he had at the previous meeting, and said it has now gotten to the point where there was a rape in the 700 block of "D" Street. He stated the dealers have seized control, and he feels that the 24-hour operation at Safeway and the Seven/Eleven only makes it worse. Ms. Nicolai stated the Street Crimes Unit has been doing undercover duty in the area, and also the Major Crimes Task Force has been helping. She stated our Police Department has been watching and monitoring for the past couple of years in the Canal area, wondering when the crack would come in. Much of it has come from the East Bay, which has become too dangerous for them. The City of Richmond has cracked down on them. She noted it will take the cooperation of all other neighborhood associations and other communities in Marin. Jerry Anqel, representing the owners of California Furniture, stated that Sunrise Furniture was going in to their building, but after hearing that the soup kitchen was going into Gonzales' Restaurant, the deal has died, as well as the plans for Grainful Bread to upgrade their store. He said if something is not done soon, there will be many empty buildings. Linda Applegate of upper "C" Street where she has lived for 13 years, told of crack deals in front of her home. She stated she is very frightened, and has to take her daughter to school and pick her up. Steve Nass stated he does not agree with the statement that the 24-hour services of the Seven/Eleven and Safeway are a deterrent, since if you are around a lighted building a police officer would not stop you, but if you are loitering in a darkened area, they would. He noted the drunks loitering around the Seven/Eleven and trucks making deliveries to Safeway early in the morning. Mr. Nass said the soup kitchen is not a homeless issue, but that 90% are alcoholics and drug addicts, and the St. Vincent de Paul people have no control over them. He noted that no residents can use Albert Park because of the conditions there. He stated it could be fixed up and fenced off. He stated that Seven/Eleven and Safeway should close at midnight. John Bertollo of Stephen Hill Jewelers stated that the alcoholics, drug addicts and homeless are all lumped together as homeless, and this is a mistake. He said the soup kitchen had the best of intentions, but is a misguided experiment about to become a permanent mistake. He noted there are several recovery homes in the Gerstle Park area, and they are responsible to the people in their programs. He stated he would propose that if there is a permit required by the City for the soup kitchen that it be denied until St. Vincent de Paul can show it is a force for constructive help to the people. He said they are part of the problem. Charles Clifford said in the last few weeks there has been an appalling lack of coordination of merchants on "B" Street, and he feels the Sunrise Furniture will come in and anchor that part of "B" Street, and will bring decorators and similar businesses. He said perhaps Sunrise will not pull out of their deal, and he is concerned about the kitchen remaining on "B" Street and hopes that issue can be resolved. Seamus Kilty of St. Vincent de Paul Dining Room stated they have met and will continue to meet with anyone, and said they have just had their first meeting with downtown merchants. He said they met with "B" Street merchants, and will be happy to meet with the Gerstle Park neighborhood people. He said they do police their people, but they have no influence over them when they leave the dining room. Marianne Mander, owner of a boutique on Fourth Street, spoke of her problems with street people, and said they affect her customers since many of them are afraid to come downtown. The Council then discussed the issues, with Councilmember Boro stating he had talked earlier about facilitating a meeting. He stated the City has worked with St. Vincent de Paul in the past, and he is happy that the merchants are getting organized. He stated he would like to get everyone around the table for dialogue within the next couple of weeks. He said St. Vincent de Paul is part of the problem which needs to be dealt with. He stated he would like to see a daytime service center for homeless people to go to in the daytime and get cleaned up and be able to find jobs. He said it is important to find SRCC MINUTES (Regular) 10/7/91 Page 12 SRCC MINUTES kkegular) 10/7/91 Page 13 alternatives for people to go to during the day. He stated a foot patrol will be activated soon in the downtown area. He said the owners of 822 "B" Street must be spoken to again. Also, the landlords in the Canal area must be contacted. Councilmember Thayer agreed with Councilmember Boro, and said she feels the City should take a look at the hours of operation of both Safeway and Seven/Eleven, and get some feedback from the Police Chief and officers who have worked around there, and whether they are magnets at certain hours. Ms. Nicolai responded that Safeway said they would do anything we asked, but the law enforcement people have said the lighted facility is a deterrent. Vice -Mayor Breiner noted that the Redevelopment Agency has certain powers and she hopes the City could get involved through the Agency. She informed the audience that the Council will take what they have said very seriously, and thanked them for their comments. 17. CITY COUNCIL REPORTS: a. SELECTION OF REPRESENTATIVE FOR MCCMC (MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS) MARIN COMMUNITY FOUNDATION COMMITTEE (VERBAL) - File 113 The Council agreed to postpone this item until November. b. REQUEST FROM THE CITY OF NOVATO THAT THE CITY OF SAN RAFAEL SUPPORT NOVATO'S RESOLUTION CONCERNING SOUNDWALLS - File 11-16 x 100 Councilmember Boro explained that this Resolution is a result of the Marin County Council of Mayors and Councilmembers meeting recently, involving landscaping of soundwalls through Novato, and this Resolution covers soundwalls throughout the County. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution regarding landscaping of soundwalls. RESOLUTION NO. 8531 - REQUESTING CALTRANS TO LANDSCAPE THE SOUNDWALLS IN MARIN COUNTY AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan ADD ITEMS: I. RESOLUTION OF APPRECIATION FOR LAWRENCE E. MULRYAN, RETIRING MAYOR - File 102 x 9-1-2 Councilmember Boro moved and Councilmember Thayer seconded, to add an agenda item, adoption of a Resolution of Appreciation for retiring Mayor Lawrence E. Mulryan. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan Councilmember Boro moved and Councilmember Thayer seconded, to adopt a Resolution of Appreciation for retiring Mayor Lawrence E. Mulryan. RESOLUTION NO. 8532 - RESOLUTION OF APPRECIATION FOR LAWRENCE E. MULRYAN AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan II. COUNTYWIDE PLANNING MEETING - File 191 Councilmember Boro reported on a recent meeting of the Countywide Planning Agency, stating that the County of Marin is currently administering a contract with DKS & Associates on the traffic component of the Countywide Plan, for about $300,000 to $370,000, and the impact on San Rafael would be about $50,000 as our share for the first year. He said the Managers' Association wrote to the County and asked them to scale it down. The County Public Works Director is working on that issue. SRCC MINUTES (Regular) 10/7/91 Page 13 SRCC MINUTES (Regular) 10/7/91 Page 14 Mr. Boro said the second item of interest was discussion of the mitigation fees to basically rebuild Highway 101, which were out of line, costing approximately $13,000 in fees for just a single family home. He said the Hamilton Field project would have been about $40 million just in mitigation fees. The County Public Works and Planning Departments are now working with the 101 Corridor Committee and hopefully they will come back with a solution, possibly the need for a sales tax with possibly some level of mitigation, but not as high as they proposed. III. ABAG PROPOSAL FOR GROWTH MANAGEMENT - VISION 2020 - File 111 Vice -Mayor Breiner requested that this item be placed on the agenda for the next Council meeting. There being no further business, the meeting adjourned at 11:30 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1991 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/7/91 Page 14