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HomeMy WebLinkAboutCC Minutes 1989-01-03SRCC MINUTES (Regul- 1/3/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 3, 1989, AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION. Closed session was not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 3, 1989, AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk RE: INTRODUCTION OF NEW PLANNING DIRECTOR - File 10-2 Mayor Mulryan introduced Mr. Robert J. Pendoley, newly appointed Planning Director and welcomed him to the City of San Rafael. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Regular Meeting of December 19, 1988 (CC) 3. s87 - Appeal of Planning Commission Decision Certifying Negative Declaration of Conditional Approval re Two -Lot Subdivision; Highland Avenue at Hubbell Court; Ken Massa, Owner; Montecito Neighborhood Association, Jeff Mulanax, Spokesperson, Appellant; AP 15-202-38 (Pl) - File 5-1-311 x 10-6 6. Claims for Damages: a. Martin M. Brownstein (PW) Claim No. 3-1-1375 b. Fourth Street Tavern (PW) Claim No. 3-1-1376 c. Joey Mason (PD) Claim No. 3-1-1377 d. David Changeux (PD) Claim No. 3-1-1379 Recommended Action Approved as submitted. City Council scheduled Public Hearing for January 17, 1989. Approved City Attorney's recommendations for denial of claims. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 1/3/89 Page 1 SRCC MINUTES (Regul ) 1/3/89 Page 2 ` The following items were removed from the Consent Calendar for discussion: 4. RESOLUTION UPHOLDING THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE MAP APPLICATIONS FOR SPINNAKER ON THE BAY, PHASE I (CATALINA & BELLAM BOULEVARDS) (Pl) - File 10-5 x 10-7 x 5-1-292 Councilmember Thayer asked for clarification of paragraph (4) of the the Resolution, which stated in part, "The project would utilize approx- imately 65% of the remaining traffic capacity...", and whether it referred to the 160 units in Phase I, or the entire Spinnaker project. Principal Planner Johnston responded that it referred to the 160 units in Phase I. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution. RESOLUTION NO. 7884 - UPHOLDING THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE MAP APPLI- CATIONS FOR SPINNAKER ON THE BAY, PHASE I, CATA- LINA AND BELLAM BOULEVARDS (UP86-104, ED86-117, TS86-3) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. RESOLUTION OF SUPPORT FOR THE SAN FRANCISCO BAY AREA RIDGE TRIAL - File 11-21 x 9-3-65 Mayor Mulryan stated that he supports this issue, but asked staff to what degree Planning staff has been aware of this project and whether there was any indication from a staffing standpoint of any effect on the City's open space patterns and what staff time may be required to implement it. City Manager Nicolai responded that the City Manager's office and Planning Deepartment have been aware of it, and have monitored the project. She further stated that it will not have much effect on San Rafael's open space since it will be going to the western part of Marin up to Novato. However, since part of it goes through San Rafael, Ms. Nicolai indicated she will review it in relation to the open space and see what effect it might have on maintenance and liability. Councilmember Frugoli moved and Councilmember Thayer seconded, to adopt the Resolution supporting the ridge trail. RESOLUTION NO. 7885 - SUPPORTING THE SAN FRANCISCO BAY AREA RIDGE TRAIL AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. PUBLIC HEARING - UP88-9 & s88-2 - APPEAL OF USE PERMIT AND 2 -LOT SUBDIVISION FOR EMBASSY SUITES HOTEL AND APPEAL OF A MITIGATED NEGATIVE DECLARATION IN CONNECTION WITH THE USE PERMIT AND 2 -LOT SUBDIVISION; MCINNIS PARKWAY; GOS PARTNERSHIP, OWNER; THE WOODMONT COMPANIES FOR THE WOODMONT COMPANIES/EMBASSY SUITES PARTNERSHIP REPRESENTATIVE; BUILDING AND CONSTRUCTION TRADES COUNCIL OF MARIN COUNTY, JOHN WALLACE, SECRETARY -TREASURER, APPELLANT (P1) - File 10-5 x 10-3 x 5-1-312 Mayor Mulryan declared the public hearing opened. Planning Consultant Dwight Winther briefed the Council, stating that the Building and Construction Trades Council of Marin County have appealed the Planning Commission actions for a Mitigated Negative Declaration, Rezoning, Use Permit and Subdivision for the proposed Embassy Suites Hotel. However, the City Attorney has advised that the Commission's Rezoning action is a recommendation which is not subject to appeal and, therefore, only the remaining actions are a part of this public hearing. SRCC MINUTES (Regular) 1/3/89 Page 2 SRCC MINUTES (Regul, ) 1/3/89 Page 3 Mr. Winther stated that there are two issues raised by the Appellant, having to do with General Plan policiesand their interpretation. One has to do with the Demonstration of Necessity, Policy LU -45, regarding the five -story building height. The other is regarding Trip Transfers, Policy C-5. Mr. Winther stated that staff believes there were grounds for making the findings, and believes that the project is consistent with the General Plan policies. Mayor Mulryan recommended that the Council handle the appeal matter before going into discussion on other facets of the project as discussed at the December 19th Council meeting. He stated that the staff report is very clear regarding the issues raised in the appeal. Attorney Hadden Roth, representing the Building and Construction Trades Council, addressed the City Council, stating that a major concern is the massive size of the building on a small piece of land. He stated that the Appellant is not asking for a shut -down of the project, but for a revision, and that neither of the findings by staff, on the five -story matter nor the trip transfers, are factually based, and the site has not been shown to be physically suitable for the develop- ment. Mr. Roth questioned the marketing report prepared by Laventhol & Horvath, which he stated is a public document and that it should have been distributed, noting he had been unable to obtain a copy. In summation, Mr. Roth requested that the subdivision application be denied and the building be placed on nine acres, with four stories stepping away, and including the restaurant. As an alternative, he recommended adjust- ing the lot, taking one acre from the restaurant site and adding it to the hotel site. Mayor Mulryan responded that there was a section of the Laventhol & Horvath report released, and could be seen by anyone who wished to review it. John Wallace of the Building and Construction Trades Council then introduced Jeff Pierce, who ran a video on various hotel building projects which were run by Robert E. Woolley, who reportedly was in- volved in the building of many Embassy Suites Hotels. The video showed labor and safety problems and quality of work. Mr. Wallace informed the Council that in the last five years more than 3,000 skilled construction workers had moved from Marin. He stated that the majority of the building trades met and made an agreement to a loo pay cut in wages and $1.95 per hour in pensions, unilaterally. He also stated that they have been assured of an open bidding process. Mr. Wallace said he has heard concerns that the building is too massive. He stated that the decision to divide the land makes it too small for the hotel, but if it were not divided there would be plenty of room to build an even larger hotel. He stated the fact that someone will make money off the extra piece of land should not affect the Council. Peter Curtis, agent for the Painters Local in San Rafael, stated he has not heard anything to indicate this is a significant benefit, and feels local jobs are being taken away. Attorney Cecelia Bridqes, representing Embassy Suites/Woodmont Companies, stated that underlying all of the discussion by the Building and Con- struction Trades group, is the fact that they do not agree to the Embassy Suites/Woodmont agreement to provide 50% Union labor. Ms. Bridges referred to the private report prepared for Embassy Suites by Laventhol & Horwath, and stated Embassy Suites paid $25,000 to have the report prepared. She noted that Mr. Rabinowitz, President of Embassy Suites, has stated that the information is very delicate, but that if the Trades Council wants to see it, they may do so. She noted it is financial information and would be very harmful to other hotels, but said there was never an attempt to make it secret but noted that it is not available for competitors. Regarding the reference to Mr. Woolley, Ms. Bridges stated that he has nothing to do with this project. SRCC MINUTES (Regular) 1/3/89 Page 3 SRCC MINUTES (Regul,-) 1/3/89 Page 4 In reference to comments made by Mr. Wallace about the bid process, Ms. Bridges stated Mr. Wallace has been given the names of four or five potential general contractors on this job, and the contract has not been let. Ms. Bridges added that, regarding the subdivision aspect, the "bow tie" is a logistically separate site and it would not affect the hotel footprint. Ms. Bridges then requested that the City Council ask that the video tape shown this evening be retained by the City, since it had been shown publicly. Attorney Hadden Roth stated that the Trades Council would like a copy of the Laventhol & Horwath report, and would need at least a week or two continuance in order to review it. Mr. Roth stated that he has been advised, although he has not seen it, that there is a drawing in the files somewhere showing a four-story hotel on nine acres. Mayor Mulryan declared the public hearing closed, and called for Council discussion on the appeal. Mayor Mulryan noted that the Council has felt for some years that a hotel on this site would be beneficial for the City and the whole community, including the County and the Civic Center. He added that as long ago as six or seven years this was discussed, and included a convention facility in the project. Mayor Mulryan pointed out that a certain size hotel is needed to back up the convention facility. Councilmember Thayer pointed out the distinction between a convention center and a conference center, noting the Laventhol & Horwath report stressed that the facility would support a conference center and not a convention facility. She stated that 236 rooms is financially viable, but asked for information regarding the financial feasibility of the conference center and what would be done if the conference center is not economically viable. Councilmember Frugoli stated this is one of the best projects he has seen, because of its benefits to the City, noting it will generate very little traffic. He added that he had met with the Union, and feels that the work should stay in the County, and especially in San Rafael, and added that Woodmont had agreed to that. He stated he feels it is time for the Council to take a position. Councilmember Breiner inquired about inspections and asked whether there would be a special building inspector paid through the contractor but who would be working for the City to make sure that the workmanship is up to par. Mayor Mulryan asked Public Works Director Bernardi how the City would provide high-level inspections, and Mr. Bernardi responded that the City would hire someone skilled in building codes and the developer would pay for him during the entire time of construction; it would be a full-time inspector. City Attorney Ragghianti stated he believes the developer would agree to such an agreement. He asked Ms. Bridges to respond. Ms. Bridges stated she had discussed this previously, and understands the agreement would be part of the conditions of the Design Review permit. Councilmember Thayer referred to General Plan Policy LU -45, stating one of the conditions of approval with the Planning Department was that placing the restaurant and the hotel and convention center on separate parcels would be considered concurrent with, or following approval of specific designs for those uses. She noted the Design Review Board has had difficulty with the design, feeling that Embassy Suites' adherence. to the atrium concept has created a lot of problems with regard to the mass on the property. Mrs. Thayer quoted from staff comments regarding LU -45, where it is stated, "...a necessity for five stories results from the project's objectives to maximize the number of hotel rooms and to locate as many suites as possible at the perimeter of a central open atrium". Mrs. Thayer stated that the Design Review Board feels that all of the proposed designs are on SRCC MINUTES (Regular) 1/3/89 Page 4 SRCC MINUTES (Regulus) 1/3/89 Page 5 the same theme. Mrs. Thayer stated this is the most important project the City had done for years and that design is very important. She stated she is inclined to agree with Mr. Wallace that, while the property may be shaped like a "bow tie", if the hotel site were enlarged, that would obviate some of the need for the parking and the present mass of the hotel. Mayor Mulryan agreed it is important, and the Council has brought it before them sooner than they normally would have,and have followed the project through the Planning Commission and Design Review. He noted that what is before Council now, is whether or not they should go with the building footprint, with precise design not yet finalized. Councilmember Boro stated he feels the process regarding this project has worked well, having involved the homeowners, Chamber of Commerce, the County and all levels of City staff involved. He said he feels the developer, over the past several months, has gone through three or four redesigns of the building, trying to meet the needs of all levels of the interested parties, from redesign of the building itself to redesign of the conference center. Mr. Boro pointed out that the developer, at his own expense, had gone to the successors of Frank Lloyd Wright to have design of the building reviewed by them, in order to have the design sensitive to the Civic Center. He stated that in his opinion,the Applicant has gone through the process and worked it well and that the environmental issues can be discussed later. Mr. Boro stated he is in support of unions and what they are attempting to do but he does not feel it is the role of the City Council to legis- late how the unions should interact with private enterprise. Regarding the restaurant site which will be discussed later, Mr. Boro said he feels the restaurant site can be integrated with this site. Mr. Boro said he is in support of the recommendations from staff, and he would be prepared to so move. Councilmember Thayer stated she would like to make one comment regarding the unions, stating she would not advocate local wages per se, because it would be an agreement between the unions and private contractors, but prevailing wages would encourage local hiring. Mayor Mulryan pointed out that we have a statement from the developers that there will be open bid, which means open bid among sub -contractors also, and noted that the Council supports the unions. Councilmember Breiner inquired if there was agreement on the 50% union labor. Mayor Mulryan responded that was the offer made by Embassy Suites, but that depends on how the bid comes out, and pointed out that this is not a part of the appeal. Councilmember Boro stated that the City has never officially received a proposal for a four-story building on this site. He stated there was a proposal, but that was between another developer and a property owner who have not come to terms, and at this stage it is not relevant. Mayor Mulryan called on Ms. Bridges for comment, and she stated it is her understanding that the meeting to which Councilmember Frugoli referred which included union representatives and Mr. Rabinowitz, resulted in agreement that for their project Embassy Suites/Woodmont would agree to 50% minimum union labor participation. She added that may mean 100% of one union and 50% of another, and that cannot be specified at this time. Councilmember Thayer inquired if Embassy Suites had come up with any alternate proposals regarding the conference center, should the bookings not be there. Ms. Bridges responded that Embassy Suites has looked at this very closely, noting there is an investment of $28,000,000, and they have no intention of investing that amount of money with even the possibility that they will have a risk of having a 10,000 square foot conference center they cannot book. She added that even though the City wanted a conference center, they would not build it if they felt they could not book it. She noted the marketing report had no question that they would be facing that problem. SRCC MINUTES (Regular) 1/3/89 Page 5 SRCC MINUTES (Regula_ 1/3/89 Page 6 Mr. Johnston pointed out to the Council that if they made any decisions on the other items before them which would affect the Use Permit, they may wish to take a poll and not take final action on the appeal until the remaining items are discussed. Councilmember Boro then moved and Councilmember Frugoli seconded, to deny the appeal regarding UP88-9 and s88-2. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None Mayor Mulryan stated that part of the motion includes direction to staff to prepare the necessary Resolution. Mayor Mulryan announced that it was now time to consider the other items listed in the staff report - the bridge or bridges, the bike path, width of McInnis parkway and affect of a possible widening on the wetlands. Mr. Winther noted that the restaurant standards were dropped from the Ordinance, and will be a separate agenda item. He stated that the matter of the bridge or bridges is outlined in the staff report, and staff believes that it is most appropriate to have separate locations for the pedestrian crossing and vehicular access. He said there will be further discussions with the County and the Applicant regarding the possibility of the pedestrian bridge serving as an interim one-way vehicular access. Mayor Mulryan stated he felt that getting people out of their cars and walking to the County buildings was a good idea, and would be much more environmentally sensitive than having cars, even if they were only one way. He stated that he feels the pedestrian bridge should be where it is presently planned. Councilmember Breiner mentioned that vehicular access should be consid- ered for inclement weather, if an agreement can be reached between the hotel people, the County and the city. She said she is aware that the developer is not obligated to build the vehicular bridge. Councilmember Frugoli stated that the separate bridge would cause a security problem, because people would use it to go through the hotel grounds to avoid Civic Center Drive backup. Councilmember Breiner said she is concerned about hotel guests going out to Civic Center Drive and making a left turn into the road to the Exhibition Hall. Ms. Bridges stated for the record that Embassy Suites and Mr. Shekou have been working since the last meeting to address the concerns about the bike path and the marsh areas. She stated that they have not had time to work out the details because of the Holidays, but stated for the record that they see several options. One option, and perhaps the best one, is the possibility of investigating locating a bike path in the strip in the hotel and office sites. Another option would be if the City determined they should widen McInnis Parkway to four lanes and require taking of some hotel parking spaces by the City, Embassy Suites and Mr. Shekou would work with staff on the processing of the office building site to see if there could be an agreement assuring that if parking spaces were taken they would be replaced on the adjacent property. Councilmember Boro stated that Embassy Suites and Mr. Shekou seem very sincere about solving problems. He then inquired of Mr. Winther about getting the standards for the restaurant site. Mr. Winther responded that would be a separate Council action, and a separate ordinance. City Attorney Ragghianti stated that it is very important for the public, as well as the Council and staff, to realize the importance of the restaurant. He stated that the City will initiate action and the matter will be brought back to the Council and the development standards will be consistent and harmonious with the hotel. SRCC MINUTES (Regular) 1/3/89 Page 6 SRCC MINUTES (Regular) 1/3/89 Page 7 Councilmember Thayer explained her negative vote, stating that it was because of her reluctance to let go of the subdivision before the Design Review Board had come up with an acceptable design. 8. PUBLIC HEARING - P88-8; APPEAL OF PLANNING COMMISSION'S DECISION THAT AN OFFICE PROPOSAL ABOVE A .3 FAR (FLOOR AREA RATIO) IS INCONSISTENT WITH THE SAN RAFAEL GENERAL PLAN 2000; 65 MITCHELL BOULEVARD; SEMIK OUNGOULIAN, APPELLANT; AP 155-131-11 (Pl) - File 10-6 Mayor Mulryan declared the public hearing opened. Principal Planner Johnston briefed Council, stating that the Appellant wishes to submit applications for an office building of 16,000 square feet, with a .58 FAR which is significantly larger than the .3 FAR for non-residential development in Northgate, noting the General Plan indicates a .3 FAR. Mr. Johntson said the Appellant states that the project is a redevelopment project and therefore is consistent with LU -15 of the General Plan, but that staff does not agree, and feels that the determination written by the previous Planning Director,indi- cating the project is inconsistent with the General Plan, is correct. He stated that the Planning Commission had denied the appeal by a 7-0 vote. Mr. Johnston stated the Appellant claims the proposal meets the inten- tion of the General Plan and the specifics of the Northgate Activity Center Plan which was adopted by the General Plan and is in effect. While it is likely that this proposal would generate fewer trips than the prior service station use, he stated the Planning Commission did not agree that the General Plan should be modified to allow larger buildings based on high historic trips. Mr. Johnston stated the Appellant claims he should have the same rights his immediate neighbors have. However, the Northgate Industrial Park was developed primarily in the late 1960's, under different zoning standards which required less parking, and prior to concerns about traffic congestion. Attorney Daniel Reidy, representing Mr. Oungoulian, referred to a letter of December 23rd, which clarified points of the appeal and also showed graphics and an aerial map of the area. Referring to the staff report, he stated they are not saying that LU -15 refers to their project point -on -point and that the project should be approved as is; rather, they are trying to point out that, because of LU -15 other property owners in the area with larger buildings if they were in a rebuilt situation, would have a much greater chance to build a larger building. He stated in looking at a FAR as the major indicator which is appropriate for re -use of the site, that when comparing it to the previous service station site, it does not work. Mr. Reidy pointed out during the General Plan deliberations the Appel- lant had requested a change regarding his site, but the Council did not make any small individual changes. Rather, Mr. Oungoulian was advised to go through the planning process, which he has done. Mr. Reidy referred the Council to listings showing the various proper- ties in the Northgate Industrial Park, and their FAR's, many of which are .58. He also referred to letters of support from nearby property owners, Ronald Antonioli and William Hoey. Mr. Johnson informed the Council that while the Appellant feels that overall there is consistency with the General Plan, staff feels strongly that is not the case and that if the proposed project is inconsistent on any point it is therefore inconsistent with the General Plan. He stated the only way staff could make an exception would be if it were directed to prepare a General Plan amendment. There being no further comments, Mayor Mulryan declared the public hearing closed. Mayor Mulryan stated that according to what the Appellant was told, he thought he could build such a building. Councilmember Frugoli agreed, stating if the Appellant was given the wrong information it should SRCC MINUTES (Regular) 1/3/89 Page 7 0, SRCC MINUTES (Regula.-) 1/3/89 Page 8 be considered. Mayor Mulryan responded that anything above .3 FAR would require a General Plan amendment and that would require special circumstances. Councilmember Boro stated the Council has to look at the facts, and that if only half of the buildings were developed they would look at this project differently. He stated he would like to have the Appel- lant come in with a building at .3 FAR, and one a little higher, and let the Council go through the pros and cons. Councilmember Breiner stated she believes the FAR's in that area were set because of traffic problems and she would not be willing to change from those set. She pointed out that some of the other buildings in the area are 20 to 30 years old. Councilmember Breiner moved and Councilmember Boro seconded, to deny the appeal, and request staff to prepare a Resolution. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None (Mayor Mulryan left the meeting). REPORT RE PROPOSAL TO INVENTORY AND VALUE FIXED ASSETS FOR CITY OF SAN RAFAEL (Fin) - File 4-3-210 x 8-14 x 9-3-20 Vice -Mayor Breiner called upon Finance Director Coleman who explained the necessity for the inventory assistance, stating that recently another California city found that when one of their buildings burned, that it had been incorrectly valued. He stated that a good listing of the City's assets will allow control and facilitate keeping track of them. He stated he also needs to determine that the City has the proper amount of property insurance,and this will require a list of assets with replacement values. The work will be done at a reduced cost because of the City's connection with the CJPIA (California Joint Powers Insurance Authority). Mr. Coleman stated that the contract would be subject to approval by the City Attorney. Councilmember Boro stated he is very impressed with the proposal by American Appraisal Associates, Inc. and feels it is reasonable, and that Council consider this be done on an annual basis. (Mayor Mulryan returned to the meeting). Councilmember Frugoli asked about the expenditure for the appraisal and Mr. Coleman stated the first report would be a total of $16,000, and that there would be a more detailed valuation later. Councilmember Frugoli asked if the funds would come from the General Fund, and Mr. Coleman replied in the affirmative. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution authorizing the contract with American Appraisal Associ- ates, Inc. RESOLUTION NO. 7886 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With American Appraisal Associates, Inc. (AAA), to inventory and value the City of San Rafael's fixed assets, subject to approval of City Attorney) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1555, AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA; ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D -NG (PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER OVERLAY (M -148/C-62)) DISTRICT TO P -D -NG (PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER OVERLAY (M -157/C-62)) DISTRICT. (EMBASSY SUITES) (Pl) - File 10-3 SRCC MINUTES (Regular) 1/3/89 Page 8 SRCC MINUTES (Regular) 1/3/89 Page 9 The title of the Ordinance was read: "An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California; Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from P -D -NG (Planned Development Northgate Activity Center Overlay (M -148/C-62)) District to P -D -NG (Planned Development Northgate Activity Center Overlay (M -157/C-62)) District. (Embassy Suites)" Councilmember Frugoli moved and Councilmember Boro seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1555 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. COUNCIL DISCUSSION ON DEVELOPMENT AT HAMILTON (P1) - File 10-2 x 11-16 Mayor Mulryan referred to a letter dated August 25, 1988, from then Planning Director Anne Moore to the Novato Community Development Depart- ment, giving her views on the Hamilton Field EIR (Environmental Impact Report). Mayor Mulryan stated that although San Rafael has nothing to do with the development he is concerned because of traffic and density. He recommended the City write to the City of Novato asking their Council to consider this development in the context in which San Rafael considered the balance of building with the traffic impact when we adopted our General Plan. Mayor Mulryan said perhaps Novato could consider housing for the homeless. Councilmember Breiner stated they should consider a landfill project. Councilmember Breiner moved and Councilmember Frugoli seconded, that a letter be written to the City of Novato for the Mayor's signature regarding the density of building and traffic generation, urging Novato not to approve the development until there is some sort of balance between traffic and development. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. REPORT ON THE TRANSPORTATION EXPENDITURE PLAN COMMITTEE FOR CONSIDERA- TION OF LOCAL SET ASIDE - File 170 Council reviewed a letter from Marin County Department of Public Works regarding the Transportation Expenditure Plan Committee's request that the Board of Supervisors and Councils of the Towns and Cities provide direction regarding the local jurisdiction set aside which is to be a part of the proposed transportation sales tax program. The letter referred to Contra Costa County's expenditure plan, which detailed their Growth Management Program, including traffic mitigation fees. Mayor Mulryan remarked that the City of San Rafael is apparently ahead of other communities in the area. Councilmember Breiner agreed, and stated that most of the items in the Contra Costa plan are things San Rafael is already doing. After discussion, Councilmember Breiner recommended that the Council study the file and be prepared to vote on the matter at the January 17th meeting. She asked that staff come back with analysis and recommen- dation. 13. REPORT ON FIRE DAMAGED BUILDING AT 1007 THIRD STREET (CORNER OF THIRD AND "A" STREETS - OLD KING HENRY VIII RESTAURANT) (PW) - File 3-3-45 Public Works Director Bernardi informed the Council that a fire occurred on November 29, 1988 in the building at 1007 Third Street, and subsequent inspection by the Fire Chief and Mr. Bernardi led them to conclude the building was dangerous. Consequently, Mr. Bernardi sent the property SRCC MINUTS (Regular) 1/3/89 Page 9 SRCC MINUTES (Regula -) 1/3/89 Page 10 owner a Notice and Oraer, as specified in the Uniform Code for Abatement of Dangerous Buildings, giving the owner ten days to demolish the building. The deadline was December 14, 1988, but no action was taken by the owner at that time. The property owner has stated that he had only one bid and was attempting to secure others. The owner had a right of appeal, which should have been by 5:00 PM on this date, Janaury 3, 1989, but he has not done so. Mr. Bernardi recommended that the property owner be directed to take the following action: 1. Secure all necessary demolition permits by 5:00 PM on Friday, January 6, 1989; and 2. Demolish the structure within ten working days thereafter or January 20, 1989. Further, that the Building Official be directed to cause the demolition and debris removal if either of the two requirements above is not complied with. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the staff recommendation. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS 1. RE: HIGHWAY 101 CORRIDOR ACTION COMMITTEE - File 170 Councilmember Boro requested monthly reports on meetings of the Highway 101 Corridor Action Committee. 2. RE: SUBDIVISION COMMITTEE MEETINGS/ACTIONS - File 5-1 Councilmember Breiner requested reports be brought back regarding the Subdivision Committee meetings and actions taken. There being no further business, the meeting was adjourned at 10:20 PM. '0 JEAN M. LEONCINI, qty Clerk APPROVED THIS DAY OF 1989 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/3/89 Page 10