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HomeMy WebLinkAboutCC Minutes 1989-05-15SRCC MINUTES (Regula 5/15/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 15, 1989, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a 1. No. 89-8 (a) - 7. No reportable action taken. No litigation was discussed. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 15, 1989, AT 8:00 PM. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney, Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the following Consent Calendar items: 2. 5. 39 7. Item Approval of Minutes of Regular Meeting of April 17, and Special Meeting of May 1, 1989 (CC) Adoption of Resolution Approving Bay Trails Plan (Pl) - File 111 x 10-2 x 191 x 9-3-65 Resolution Referring ED87-72 Back to the Planning Commission for Final Resolution of Findings & Conditions for Bayview Business Park Building "H", Lawrence Tolomei, Developer (Pl) - File 10-7 Time Extension of Contract with Raymond Holt Associates as Library Building Consultant for Joint City/County Library Project (Lib) - File 4-3-208 Recommended Action Approved as submitted. RESOLUTION NO. 7963 - ENDORSING THE BAY TRAILS PLAN RESOLUTION NO. 7964 - REFERRING ED87-72 BACK TO THE PLANNING COMMISSION FOR FINAL RESOLUTION OF FINDINGS AND CONDITIONS FOR BAYVIEW BUSINESS PARK BUILDING "H" RESOLUTION NO. 7965 - AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE AGREEMENT WITH RAYMOND M. HOLT ASSOCIATES EXTENDING AGREEMENT THROUGH JULY 30, 1989 8. Adoption of Resolution Expanding RESOLUTION NO. 7966 - EXPANDING Membership of the Cultural MEMBERSHIP OF THE CULTURAL Affairs Commission from 5 Members AFFAIRS COMMISSION (from 5 Members to 7 Members (Cult.Affs) - to 7 Members) File 9-2-24 9. Adoption of Resolution Authorizing the Mayor to Sign an Agreement with Artist Robert Jones for Temporary Placement of a Work of Art on Grounds of Falkirk Cultural Center (Cult. Affs) - File 4-10-232 10. Approval of Joint Powers Agree- ment between County of Marin and City of San Rafael Re Gerstle Park Playground Funding (Rec) - File 4-13-76 x 9-3-65 x 9-3-66 RESOLUTION NO. 7967 - AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT WITH ARTIST ROBERT JONES FOR TEMPORARY PLACEMENT OF A WORK OF ART ON THE GROUNDS OF FALKIRK CULTURAL CENTER (For 2 years from May 1989 -May 1991) RESOLUTION NO. 7968 - AUTHORIZING SIGING OF AGREEMENT WITH THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL RE GERSTLE PARK PLAYGROUND FUNDING (From July 1, 1988 to June 30, 1989) SRCC MINUTES (Regular) 5/15/89 Page 1 SRCC MINUTES (Regula 5/15/89 Page 2 11. Adoption of Resolution RESOLUTION NO. 7969 - AUTHORIZING Authorizing Execution of Contract EXECUTION OF CONTRACT AGREEMENT with John Shannon Associates for WITH JOHN SHANNON ASSOCIATES Personnel Rules and Regulations (for Personnel Rules and Regulations Revision (Pers) - File 4-3-216 x Revision) 7-2 12. Resolution of Appreciation for RESOLUTION NO. 7970 - RESOLUTION Retiring San Rafael High School OF APPRECIATION FOR RETIRING Football Coach Bob Muster (CM) - SAN RAFAEL HIGH SCHOOL FOOTBALL File 102 COACH BOB MUSTER 13. Report on Annual Filings - Fair Accepted report. Political Practices Commission Forms 730, Statements of Economic Interests for Designed Employees, Including Consultants (CC) - File 9-4-3 14. Renewal of Two -Year Contract with Book Publishing Company for Municipal Code Supplements (CC) - File 1-5-1 15. Marin Housing Authority Rental Acquisition, 95 Medway, AP #14-193-03 (RA) - File 13-16 x (SRRA) R-173 16. Legislation Affecting San Rafael (CM) - File 9-1 17. Claims for Damages: a. Janis Miller Chittick (PD) Claim No. 3-1-1397 b. Saundra Henry (PW) Claim No. 3-1-1365 RESOLUTION NO. 7971 - AUTHORIZING SIGNING OF AGREEMENT WITH BOOK PUBLISHING COMPANY FOR SUPPLEMENT SERVICE TO THE SAN RAFAEL MUNICIPAL CODE (two-year period - $21.00 Per Page for the First Year and $22.00 Per Page for the Second Year, EFFECTIVE JULY 1989) RESOLUTION NO. 7972 - AUTHORIZING THE MAKING OF AN ACQUISITION LOAN TO THE MARIN HOUSING DEVELOPMENT CORPORATION IN CONNECTION WITH PROPERTY LOCATED AT 95 MEDWAY ROAD IN SAN RAFAEL, CA AP #14-193-03 Approved staff recommendation: OPPOSE 1127 (Green). Peace Officers and Firefighters. Labor Dispute Resolution Procedure. SUPPORT AB 1358 (Frizelle). Removal of Requirement for Cities to Pay $10 Penalty Assessment when there is No Conviction. OPPOSE ACA 23 (Johnson). New or Increased Taxes. Constitutional Requirement for Voter Approval. OPPOSE SB 895 (Vuich). Property Tax Shift from Cities to Counties for Cost of Property Tax Administration. SUPPORT SB 341 (Robbins). Several Liability for Public Entities. SUPPORT SCA 1 (Garamendi). Revisions to the Gann Limit. OPPOSE UNLESS AMENDED AB 145 (Costa). "California Wildlife, Park, Recreational, Coastal and Museum Act of 1990." Approved City Attorney's recommendations for denial of claims a and b. c. Jeanny Riley (PD) Approved Insurance Consulting Claim No. 3-1-1387 Associates, Inc. recommendation for denial of claim c. SRCC MINUTES (Regular) 5/15/89 Page 2 SRCC MINUTES (Regula: 5/15/89 Page 3 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 3. REPORT ON BID OPENING AND AWARD OF CONTRACT TO GHILOTTI BROS., INC., FOR STREET RESURFACING PROJECT - 1989 (PW) - File 4-1-425 Councilmember Breiner referred to the lower portion of the parking garage at Fifth and "C" Streets, noting it is in need of repair and asked staff if this was included in their list. Public Works Director Bernardi responded that Redevelopment or the Parking District could fund the repair of the lower section of the parking lot, noting this is Gas Tax funds and cannot be spent outside of the right-of-way, but that other streets are added to use up the total amount allocated. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt Resolution awarding contract to Ghilotti Bros., Inc. RESOLUTION NO. 7973 - AWARDING CONTRACT TO GHILOTTI BROS., INC. FOR STREET RESURFACING PROJECT NO. 006-40696148000 (low bidder in amount of $405,755.66). (City Council to be provided with a list of additional streets to be paved, due to bid coming in lower than the Engineer's Estimate of $450,000). AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILEMMBERS: None ABSENT: COUNCILMEMBERS: None 4. RESOLUTION ACCEPTING PROPOSAL FROM ED DUNN FOR RIGHT-OF-WAY ACQUISITION SERVICES FOR THE MERRYDALE OVERCROSSING (PW) - File 4-3-216 x 11-1 Mayor Mulryan asked for more information other than what was in the staff report and Public Works Director Bernardi responded Mr. Dunn has done work for the City regarding property acquisition and negotiated rights-of-way. He noted part of the project requires that the right- of-way agent be certified and approved by the State of California, and Mr. Dunn has those qualifications. He noted that in addition to using the services of Mr. Dunn, they are also utilizing staff from the County of Marin. Mr. Dunn is also being recommended because staff knows his work product and finds him to be fair and quick. Part of the contract includes getting necessary appraisals for the property and staff preferred having this work done by Mr. Dunn. Mr. Bernardi added, the $26,000 fee includes $10,000 for the appraisal and $16,000 to negotiate with nine different property owners regarding the various rights-of-way and acquisitions necessary to complete the Merrydale Overcrossing Project. Councilmember Frugoli moved and Councilmember Boro seconded, to adopt Resolution accepting proposal from Edward H. Dunn, Associated Business Services. RESOLUTION NO. 7974 - ACCEPTING PROPOSAL FROM EDWARD H. DUNN (ASSOCIATED BUSINESS SERVICES) FOR RIGHT-OF-WAY ACQUISITION SERVICES FOR THE MERRYDALE OVERCROSSING PROJECT. (Estimated cost: $26,500). AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING ON BUILDING DAMAGE AT 1301 FOURTH STREET DUE TO FIRE (PW) - File 3-3-44 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated all permits for this building have been obtained with repair work and new construciton under way and completion scheduled for mid-September. There being no input from the public, and after discussion, Council - member Thayer moved and Councilmember Breiner seconded, to continue the public hearing to August 21, 1989. SRCC MINUTES (Regular) 5/15/89 Page 3 SRCC MINUTES (Regula 5/15/89 Page 4 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - FIRE STATION NO. 1 DISPATCH CENTER (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated Council, sitting as the Board of Appeals, was being asked to waive the handicapped accessibility requirements in the Fire Station No. 1 Dispatch Center. He noted when the project (Fire Station No. 1) was being considered for construction, a number of issues had to be resolved. During this time, some structural elements needed to be taken care of, but because of budget conditions for the project, staff decided to delete handicapped accessibility to the Dispatch Center area. He added, if a disabled person should be hired as a Dispatcher, the area would then be made accessible to the handicapped and funds would be expended to modify the Dispatch Center area. Councilmember Thayer felt that accessibility to the Dispatch Center area should be constructed to accommodate a handicapped person now, explaining if it was not done, handicapped people could be discouraged from applying for a job. Mr. Bernardi stated he reviewed this item with Mr. Vernon Cox of the Marin Center for Independent Living, who recommended that the variance be granted, subject to having modifications made should a qualified handicapped person be hired. Councilmember Breiner agreed with this approach. City Manager Nicolai stated this is the first time staff has asked Council to grant an exemption for a public building, indicating they are usually adamant about having public facilities accessible. Mayor Mulryan noted that this Fire Station No. 1 is handicapped acces- sible throughout except for this one Dispatch Center area. There being no comments from the public, Mayor Mulryan closed the public hearing. After discussion, Councilmember Boro moved and Councilmember Frugoli seconded, that the City Council, sitting as the Board of Appeals, determined after hearing all testimony, that in this particular case, the provision of handicapped accessibility to the Dispatch Room in Fire Station No. 1 would be an unreasonable hardship at this time, and that at such time in the future as a qualified handicapped dispatcher applicant is selected for employment, fully accessible dispatch facili- ties will be provided. Staff was directed to prepare an appropriate Resolution with Findings and bring said Resolution back for adoption at the next meeting. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. PUBLIC HEARING - UP87-113/ED87-132 - APPEAL OF USE PERMIT AND DESIGN REVIEW FOR FAST FOOD RESTAURANT WITH DRIVE-THROUGH SERVICE (McDONALD'S); 170 MERRYDALE RD.; SHAUN WILTSHIRE, OWNER; VALERIE McGEE, McDONALD's CORP., REP.; APPELLANT, SAN RAFAEL MEADOWS IMPROVEMENT ASSOCIATION, INC., BETTY BASILE, PRESIDENT; AP 179-104-04 & 07 (Pl) - File 10-5 X 10-7 Mayor Mulryan declared the public hearing opened. Planning Director Pendoley stated on March 14, 1989, Planning Commission approved the use permit and design review for the McDonald's project on Merrydale Road, noting this project was appealed by the San Rafael Meadows Improvement Association on four points. He indicated this application has been before the City since 1983, and in 1985 the applicatic was denied without prejudice and has gone through extensive modifications since that time. The application was resubmitted after the adoption of the General Plan 2000 in August, 1988, and had additional changes during that review leading up to the March, 1989 approvals. SRCC MINUTES (Regular) 5/15/89 Page 4 SRCC MINUTES (Regulai 5/15/89 Page 5 Principal Planner Johnston gave background information, stating this project involved three land use entitlements, including the zone change, which is the next item on the agenda, and the use permit and environmen- tal design review which were being considered at this time. Mr. Johnston stated the project involves a restaurant of about 4,000 square feet which will accommodate 84 seats and a drive-through aisle, including 12 parking spaces. The hours of operation would be from 6:00 AM to 1:00 AM during weekday hours, Sunday through Thursday, and during the Winter months would close at midnight. He said this proposal is dependent on the City Council making a determination that the project is consistent with General Plan Circulation Policy C-5, which would allow the transfer of 13 trips from an adjacent Chevron Gas Station site to this site. The General Plan Policy has six items - six findings that have to be made, and staff believes in this case, all of those findings can be made. Mr. Johnston addressed parking, stating a major concern is that this project originally needed to offset some of the parking impacts currently on the Sizzler Restaurant site, which at times is underparked. Therefore, the (McDonald's) project and design provides 12 additional spaces in what would normally be required for the Ordinance. He indicated it is important to note that the project is being determined to gen- erate 158 PM peak trips which is higher than other land uses which may be permitted in that zone, but with the trip transfer, the City Traffic Engineer determined it is consistent with the General Plan and the Northgate Plan. Mr. Johnston stated a number of significant traffic improvements are being required as a condition of approval, including the widening of Merrydale Road, North San Pedro Road and also the intersection at Merrydale Road and North San Pedro Road. In addition, he noted, some sidewalk improvements will be installed by the developer including sidewalks on the west side of Merrydale Road and indicated with the significant improvements, the level of service will actually remain the same and be slightly improved. Mr. Johnston indicated points of the appeal regard traffic generation, noting the Traffic Engineer, Planning staff and the Planning Commission found that with the improvements, it was an appropriate land use and the land use intensity was consistent with the area. The project was designed to mitigate any aesthetic concerns. It has been through rigorous design review requirements and is now custom designed with custom materials, and noted from an aesthetic standpoint, greatly improved over the typical McDonald's businesses. Mr. Johnston stated residents are concerned there are too many restau- rants, particularly fast food restaurants, in that area with associated problems such as noise, traffic and potential litter. Staff and Planning Commission considered their concerns and felt that the site lends itself to the use of equal or nearly equal intensity. The site is next to the Highway 101 freeway with excellent visibility and access. In response to question by Mayor Mulryan regarding comparison of hours of McDonald's with A & W and Sizzler, Mr. Johnston responded that A & W operates from 10:00 AM to 11:00 PM, 7 days a week; Sizzler, from Monday through Thursday closing at 10:00 PM, and Friday, Saturday and Sunday closing at 10:30 PM. APPELLANTS Mr. Dennis Boritz, resident of San Rafael Meadows, spoke against the project, citing too many restaurants surrounded by major roads having an adverse impact on their neighborhood. Mr. Bob Ward, resident of San Rafael Meadows, spoke against the project and was concerned with traffic at the intersection of Merrydale Road and Willow Avenue. Mr. Steve Einhaus, resident of San Rafael Meadows, gave a description of their neighborhood and felt it would be affected because the project was only 30 yards away. SRCC MINUTES (Regular) 5/15/89 Page 5 SRCC MINUTES (Regula. 5/15/89 Page 6 Mayor Mulryan stated the City's traffic staff indicates that with the $150,000 for improvements and widening of the roads there will be no increase in traffic; also, that the restaurant is in conformity with the General Plan. Mr. Einhaus noted that with the improvements it would not be as con- gested, but was concerned about the cars entering San Rafael Meadows not knowing they are not to enter. He stated he is not opposed to the business being there, but is against the amount of cars it will generate. Mayor Mulryan asked Traffic Engineer Rumsey if more signs could be put up at the entrance to San Rafael Meadows neighborhood, indicating it is "Not A Through Street". Mr. Rumsey responded that in the past couple of years staff has had additional signs put up but noted he will review the area again. He also indicated additional traffic will happen, but stated with the forthcoming improvements, congestion should not be increased because additional lanes will be added. In response to Mayor Mulryan's question concerning a statement made that there could be a car going in or out every 15 seconds, Mr. Rumsey responded he had heard this statement, explaining you are looking at a peak rush hour period, which is about 160 trips, and noted the restaurant would attract more traffic than that during the dinner hour, in the range of about 180 to 200 cars. He said McDonald's peak periods are during Noontime and the 6:00 PM to 7:00 PM time period. Councilmember Frugoli referred to the traffic improvements and asked Mr. Rumsey if a traffic signal would be placed at Willow and Merrydale Road. Mr. Rumsey responded there would not be a traffic signal there, but that some changing in the signal phasing at North San Pedro and Merrydale Road would be made. He added Willow does not carry enough traffic to warrant a signal light, noting that Merrydale traffic drops off considerably at that intersection. He stated in the future as traffic builds up, a signal may be placed at the ramp. Councilmember Frugoli recommended that a sign be placed on the corner of Willow and Merrydale showing "No Through Streets" and showing the freeway entrance going both north and south, and that this be made a part of the traffic mitigation. Councilmember Breiner asked Mr. Rumsey if there will be a stop sign at Merrydale and Willow either westbound or northbound, and he responded he did not believe a stop sign is warranted now or in the future. He stated traffic at that intersection is very light and people entering San Rafael Meadows would be inconvenienced by having to stop, indicating there is a stop on Willow entering into Merrydale. Councilmember Thayer stated although it was suggested there is enough parking on the McDonald's site, Sizzler is using that lot for parking also, and asked if this would result in an overall reduction of parking spaces, given the fact that the project will utilize space that has been utilized in the past for parking. Mr. Rumsey responded McDonald's is providing 12 additional parking spaces over what is required and that staff recently did traffic counts at Sizzler and found that some parking goes on all night or into early morning, with people using the area as a "park and ride" area. He stated with the connection of Los Ranchitos there will be good access to the Park and Ride facility on Lincoln Avenue where people can park and take a bus rather than park on Merrydale Road. Mr. Ben Petrini, resident of San Rafael Meadows, gave background of their subdivision and spoke against McDonald's being built there because of parking problems. Mr. Tim Fewell, resident of San Rafael Meadows, stated he was against the project and concerned about neighborhood children who walk in that area being in danger, citing the number of streets they need to cross and traffic driving in and out of the neighborhood. Mr. Jim Gloystein, resident of San Rafaewl Meadows, had concerns about traffic going out to the freeway from the on-ramp south to San Francisco. He stated he viewed the traffic study and found no changes in light patterns, and noted more studies should be made. SRCC MINUTES (Regular) 5/15/89 Page 6 SRCC MINUTES (Regula: 5/15/89 Page 7 Ms. Veronica Gondorin, resident of San Rafael Meadows, suggested the City Council look at some of their concessions to mitigate impacts as follows: 1. The problem with the intersection at Willow Avenue which is dispro- portionate - one side is out much further than the other side; this necessitates a car pulling out from the road in order to see on the right before taking a left. She noted this will be the exit for the drive-through for McDonald's. 2. Curtailing the hours to be consistent with the A & W Restaurant whose drive-through closes at 11:00 PM, noting the restaurant section closes at 9:00 PM and opens at 10:00 AM. 3. Have a prominent entranceway signage to their community at E1 Prado Avenue so drivers will know they are not to enter; this would help traffic from passing through. APPLICANT Celilia Bridges, Attorney representing McDonald's Restaurant and Michael McGruder and his family, who would be the local operators of this project, stated that after four years of the planning process, when the project reached the Planning Commission in March, 1989, they thought the issues had boiled down to three things: Building design; traffic generation and impacts, and the parking needs for this site and for the adjacent Sizzler's site. She noted Planning Commission made it very clear that there is full agreement in supporting this project that provides an opportunity for an exceptionally designed plan at this site which is presently the location of abandoned cars. Ms. Bridges stated the traffic report and review by the City Traffic Engineer and Planning Department staff show the approximately $150,000 of traffic mitigation fees from this project will result in improvement in level of service. At the Planning Commission meeting, there were two alternative parking layouts presented, one having a maximum of 66 parking spaces which gave 12 above McDonald's requirement, and an alternative which provided fewer spaces. The Planning Commission chose to maximize the parking to address some of the problems heard earlier. Regarding the appeal opposing the use of the site for a fast food restaurant and traffic generation, Ms. Bridges stated the proposed use is an excellent design and is consistent with the General Plan's Land Use and Design Standards. She stated traffic improvements more than address the impacts of the project, noting that even though three neighborhood meetings have been held, with the last on January 5, 1989, that perhaps because of the long drawn-out processing, the infor- mation about traffic improvements had not gotten out. She stated they were surprised when they saw the petition filed with the appeal citing traffic problems. She said they attempted to get the traffic improvement program information out to each household signing the petition in the hope of answering questions for those who were not able to attend the neighborhood or Planning Commission meetings, noting this information was not passed out to those people at the time they signed the petition. Ms. Bridges stated the rezoning is consistent with the General Plan for a trip transfer and not for an increase of trips, but is the trip assignment from the Chevron parcel, which would be reduced, and the trip assignment to the McDonald's parcel that would be accordingly increased. She clarified a statement made earlier from someone who spoke against the project stating the traffic was in excess of the Northgate Activity Center Plan, and believed this to be a misreading about the transferring of trips. She stated a trip transfer consistent with the General Plan is required for this project and is not inconsis- tent with the City's adopted Plan. The General Plan trip allotment given to this site was not increased because of this project; the City determined when it assigned trips in the Northgate area, it used the State's Standard as to how many trips are generated by a land use, multiplied that by the size of the site, and came up with the number of trips, using the General Plan process that was used for every other site in the City. Regarding questions about Willow Avenue, Ms. Bridges stated at the January 5, 1989 Planning Commission meeting, questions were raised SRCC MINUTES (Regular) 5/15/89 Page 7 SRCC MINUTES (Regula 5/15/89 Page 8 about Willow and Merrydale having a light there, and they asked the City Traffic Engineer to look at that question. He stated it is not warranted under the traffic system at this time, and Ms. Bridges noted all they can do is rely on his findings. Ms. Bridges referred to the scenario about movement of a car every 15 seconds, and thought this would result from maximum turnover of every parking space in the lot, every space being full, and all those people moving at the same time, and did not think this was realistic. Ms. Bridges asked Council if La Toscana Restaurant does not have enough parking and this site provides 12 more spaces to solve some of Sizzler's problems, does McDonald's also become responsible for La Toscana's problem? She did not think that McDonald's should be held responsible for juveniles and drugs, and did not see how denying this project will make children not have to cross the street to attend school. Regarding hours of operation, Ms. Bridges stated they are willing to hear Council's discussion on this item, noting that A & W does not have a breakfast service, and asked Council to consider this. Mr. Jerry Walters, of Fehr & Peers Associates, Traffic Engineers based in Lafayette, stated McDonald's invited their firm to help them, the neighborhood groups, Planning Commission and the City Council to under- stand what the street improvements consisted of that were to be installed, and how it would help the traffic situation in the area. He noted their role is to make this as clear as possible to everyone concerned, and then described the traffic plan. There being no further comments, Mayor Mulryan closed the public hearing. Mr. Kim Johnston, resident of San Rafael Meadows, spoke in support of having the McDonald's Restaurant project on the site. A lady, (no name given), resident of Terra Linda, spoke in support of having McDonald's Restaurant project on the site. Councilmemember Boro stated that during extensive hearings on the San Rafael General Plan 2000, this site and the concept of trip transfers on this site and other sites were discussed extensively and the impact of having McDonald's on this site has been well known for many years. He stated he was impressed with McDonald's design and referred to Mrs. Veronica Gondorin who spoke in opposition but came up with mitiga- tion points as follows, agreeing with them: 1. The potential problem at Willow Avenue; the Traffic Engineer indi- cated if, in the future, signalling is warranted at that site, that McDonald's would be willing to participate in that. Ms. Bridges indicated money through mitigation fees was available should this become necessary. 2. Closing time at 11:00 PM is a good hour, so there would not be an extension of time continuing on after the other restaurants have closed. 3. Possibly having McDonald's work with the City and neighborhood in having some kind of signing and marker showing this is a neighbor- hood so cars would know there are no through streets and will not enter. Councilmember Breiner was concerned about providing parking in the area and asked if there could be some leasing of space at the Mamounia Moroccan Restaurant for employees at McDonald's and perhaps Sizzler's could work out some transaction. Also, that there be distinct signage at the joint driveway on Merrydale pointing in each direction to the appropriate parking for the particular restaurant. She had concerns about the site plan at McDonald's with 30 percent compact spaces and stated this is too high a percentage. She considered the Circulation issue to be a bigger problem and referred to Exhibit E which permits more parking spaces. She said the driveway configuration looks as if someone who makes an error and turns left in a hurry instead of turning right could find himself in a long line of cars waiting to go through the drive-through window area, and felt this should be addressed even if some parking spaces are lost; also, she felt the width of the driveway on Willow Avenue was not wide enough. SRCC MINUTES (Regular) 5/15/89 Page 8 SRCC MINUTES (Regula 5/15/89 Page 9 Councilmember Thayer considered the design superb, stating the developer made some excellent traffic improvements in the area, but felt although the General Plan and Northgate Activity Center Plan would allow this use, that the use is too intensive being near a long established neighborhood. She felt the area is "glutted" with restaurants, indicat- ing she would not vote for the project. Councilmember Frugoli referred to roadway signage, stating if this project is approved, is should be approved with the mitigation measures mentioned. Also, in relation to children walking in the area, hopefully they would walk on the westside of Merrydale where there are sidewalks from San Rafael Meadows to the signal at San Pedro Road, and then cross the street. He suggested having guards that say "Do Not Cross Here" on the pedestrian walkway down to the westside of Merrydale. By doing this, the children would not have to cross double streets coming in front of McDonald's and back to North San Pedro Road. He noted this project is consistent with the General Plan, will eliminate abandoned vehicles off the site and will provide employment to youngsters in the area. Mayor Mulryan stated they are all concerned with the density, pointing to the amount of time and effort that went into the General Plan and the Northgate Activity Center Plan. He said this project is consistent with the General Plan and its numbers, and that a lot of mitigation steps have been undertaken with extraordinary effort on its design, and concluded, under their rule of laws they have no basis to deny the project. Councilmember Breiner referred to wording in staff report, page 9, stating "The subject property lends itself to a use of equal or nearly equal intensity if this application is not approved." She felt the public should be made aware of this, noting if traffic intensity is an issue and Council turned this project down, it does not mean that the problem would go away. She asked how much traffic would be generated if the project were an office building and Principal Planner Johnston replied,with the transfer of trips from the Chevron site, there is still adequate development potential. After further discussion, Councilmember Boro moved and Councilmember Breiner seconded, to deny the appeal and that a Resolution be brought back upholding the Planning Commission's decision with the following conditions: 1) Closing time to be at 11:00 PM. 2) Traffic improvements on Willow Avenue - Money to be reserved for signalization, if needed, in the future. ($40,000 is available from mitigation fees). 3) Entry sign into San Rafael Meadows - McDonald's to work with staff to have an acceptable sign provided. 4) Circulation - staff to look at Exhibit E regarding the minimum deletion of parking spaces. 5) Better signage of the parking lots for both Sizzler and McDonald's, including freeway return types of signs. 6) Spaces be set aside for campers and trailors in McDonald's parking lot. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None (Council took a 5 minute break). 21. PUBLIC HEARING - Z87-4; REZONING FROM P -C -NG (C-100 & C-7) TO P -C -NG (C-158 & C-89) (MCDONALD's), 170 MERRYDALE RD.; SHAUN WILTSHIRE, OWNER; VALERIE McGEE McDONALD's CORP., REP.; AP 179-104-04 & 07 (Pl) - File 10-1 Mayor Mulryan declared the public hearing opened and then closed the public hearing, as there were no comments from the public. RESOLUTION NO. 7975 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 170 MERRYDALE ROAD, (McDonald's) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 5/15/89 Page 9 SRCC MINUTES (Regula. 5/15/89 Page 10 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 -C -NG (PLANNED COMMUNITY- NORTH - GATE ACTIVITY CENTER OVERLAY (C-100 & C-71)) DISTRICT TO P -C -NG (PLANNED COMMUNITY-NORTHGATE ACTIVITY CENTER OVERLAY (C-158 & C-89)) DISTRICT. (170 Merrydale Road) (McDonald's)." Councilmember Frugoli 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. 1563 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 22. PUBLIC HEARING - CONSIDERATION OF CHANGE IN THE RATE INCREASE GRANTED ON APRIL 17, 1989 TO MARIN SANITARY SERVICE FOR REFUSE COLLECTION SERVICE AND DEBRIS BOX SERVICE (Fin) - File 4-3-32 Mayor Mulryan declared the public hearing opened. Finance Director Coleman stated at the meeting of April 17, 1989, all issues were resolved at that time and Council adopted Resolution increasing the garbage rates by 5 percent and the debris box rates by 9.3 percent. However, shortly after that meeting, Mr. Coleman noted Marin Sanitary Service discovered there was a misunderstanding between Marin Sanitary Service and Touche Ross on how Touche Ross handled the franchise fees which were collected on behalf of two cities, and also the dumping fees which the City of San Rafael has. He noted Touche Ross then recalculated the rates that would reflect those changes; in addition, the existing rates needed to be adjusted to reflect the City's dumping fees. In order to correct the oversight, garbage rates would have to be increased by 7.3 percent in total, and the debris box rates by 12.4 percent. He stated this is accomplished by adjusting the garbage rate base to correct for the dumping fees, which were not included in the orignal recommendation, then adding the 10.3 percent recommendation made by Touche Ross. Mr. Coleman said this process is acceptable to both Marin Sanitary Service and Touche Ross. Mr. Coleman stated he received a letter from Attorney Kagay, who repre- sents Mr. Fred Grange of Grange Debris Box, who raised another issue that there was documentation available from Touche Ross that he had not received along with a response from Touche Ross. Touche Ross has said the documentation is not currently available in final form, and when it is, it probably would not add any knowledge to the situation, noting the document will be a procedure manual the City could use in the future to evaluate future rate increases. Mr. Coleman concluded, that the staff report included a summary sheet showing the current garbage rates and the proposed new rates; letter from Mr. Kagay stating if Council accepted his methodology, the rate increase would change to 40 percent for the debris box rates with a 2 percent decline for garbage rates. In response to Mayor Mulryan's question as to the difference in dollars per month, Mr. Coleman stated the original Resolution passed on April 17, 1989, increased the rates from $7.60 to $8.00, but now the increase would be from $8.00 to $8.15, which is another .15� increase. After discussion, Council recommended that the final document being prepared by Touche Ross, be given to Mr. Kagay. Councilmember Thayer asked if the increase were granted, would it have a cumulative effect on the base? Mr. Coleman answered affirmatively and added, when this is reviewed in the future, all expenditures and revenues would have to stand on their own at that time and a new rate calculated based on the figures provided. Councilmember Thayer asked if the litigation is unfavorable to Marin Sanitary Service, would the City be faced with a situation based upon any anti-trust action of granting further rate increases -due to the SRCC MINUTES (Regular) 5/15/89 Page 10 SRCC MINUTES (Regular, 5/15/89 Page 11 results of that litigation? City Attorney Ragghianti answered negatively. Councilmember Thayer asked if the figures provided by Touche Ross for the debris box included profits from recycling, and Mr. Coleman answered negatively. Mr. Gary Brayton, Partner with Touche Ross, stated that the system in place is based on standard cost accounting practices and accepted regulatory rate setting guidelines; it is a zero base system so there will be no cumulative basis for future increases. He noted all costs are identifiable and clearly presentable, and said Messrs. Kagay and Grange would be able to look through the document and easily understand it. He indicated the system is designed to stand the test of a court case with the costs accurately reflected and noted there is no subsidy of the debris rates by the residential rate payers. He stated the changes Mr. Kagay recommends, would, in fact, cause a subsidization of the recycling center by the residential rate payers, and the methods put in place were specifically designed to insure this did not happen. Counclmember Thayer asked if the officers are receiving salaries from Marin Resource Center and whether they have been computed into the structure. Mr. Brayton responded that the Marin Resource Recovery Center, Marin Recycling Center and Marin Sanitary Service have officers' salaries allocated between those entities and therefore there is no duplication of salaries. Mr. Brayton referred to Councilmember Thayer's question on profits of the Marin Recycling Center, stating it has a separate profit struc- ture from the residential collection company and noted the Resource Recovery Center is an unregulated entity. He stated they have insured that the Recovery Center pays its full freight for using the transfer station. Mr. Brayton stated the company (Marin Sanitary Service) told him they would be fully cooperative in this process, noting this is a very well run sanitary service in Marin County and is the only system he has personally worked with having a recycling system that is cost effective. He indicated it is due to the rate payers having a high participation rate, based on the diligence of the company that has put in the system. Mr. Charles Kaqay, Attorney representing Grange Debris Box Service, stated when the mistake in the Touche Ross report is corrected it will work to his client's advantage, noting had he known about it last month he would have brought it to the attention of the Council. Mr. Kagay indicated that Touche Ross has maintained this operation as a secret procedure, telling him that only after the Council approved it would they let him know what happened. Mr. Kagay stated when he was before Council a month ago to convince them of the difficult proposition that the Touche Ross proposal required garbage payers to subsidize debris payers, he was not successful in having Council adopt most of what he had suggested. He noted he is here tonight because Touche Ross has now admitted that before the last meeting they withheld information he might have used to make his case. He quoted Touche Ross, "A draft document which explains the rate review process and the calculations, was not made available to Mr. Kagay. All questions and interpretations would have been clear if he had received the rate setting guide". He noted he had asked for any documentation Touche Ross had but was given a document that did not explain what the second document showed and feels he was handi- capped because of not having the document. Mayor Mulryan stated the document Mr. Kagay spoke to was not provided to the Council either, noting it simply is a "how to" map for the future, but said Mr. Kagay was clearly entitled to see whatever work papers there might be because it is public record. There being no further comments from the public, Mayor Mulryan closed the public hearing. Mr. Brayton stated it is their policy to provide a detailed listing of all sources of information that are and will be available to the City, as well as the detailed computer program that generates the final results. He noted the reason Mr. Kagay did not receive this information earlier, is because the report was still in a draft form, SRCC MINUTES (Regular) 5/15/89 Page 11 SRCC MINUTES (Regula 5/15/89 Page 12 and he stated it is not their policy to circulate a guide or "how to" manual until a forum such as this has made some policy decisions as to how it chooses to deal with certain policy level decisions that have been made by both City staff and his group. He pointed out there is nothing secretive about their process, in fact, it is an open and an enlightening process. After further discussion, Councilmember Frugoli moved and Councilmember Thayer seconded, to adopt Resolution revising agreement with Marin Sanitary Service to increase garbage rates by 10.30 over the adjusted base, and debris box rates by 12.4%, and that the Touche Ross records be made available to Attorney Kagay and the public. RESOLUTION NO. 7976 - AGREEMENT WITH MARIN SANITARY SERVICE (20TH AMENDMENT TO AGREEMENT AS REVISED) FOR REFUSE AND COLLECTION SERVICE AND DEBRIS BOX SERVICE (Garbage rate increase of 10.3% over the adjusted base and Debris Box rate increase of 12.4%) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. REPORT ON PROPOSED TREE ORDINANCE (Pl) - File 115 x 9-2-10 x 10-1 Planning Director Pendoley stated at the December 5, 1988 meeting, Council was presented with a draft Tree Ordinance by Attorney William T. Bullard, on behalf of the San Rafael Citizens Tree Committee, headed by residents of the Peacock Gap Neighborhood, stating the purpose is to cause removal of trees that block views. Based on citizens' testimony at that meeting, Council directed staff to report back to Council on December 19, 1988, on staffing implications of adopting such an ordinance. At the December 19, 1988 City Council meeting, Mr. Pendoley stated Principal Planner Johnston recommended the time frame for completing the Tree Ordinance be approximately one to two years, given current staffing levels in the Planning Department. He recommended that City staff would need to complete the "tree preservation" element of the ordinance, as well as fully review and analyze the proposal by Mr. Bullard before the adoption of any Tree Program. Council then directed staff to prepare an analysis of the impacts of adopting a Tree Program, with staff to report back to Council in April with options and a time frame for preparation and preliminary scope of work, including input of View Preservation and the Heritage Tree Preservation requirements so they could be addressed. Mr. Pendoley stated the City Attorney's office concludes that there does not appear to be a legal prohibition to create a private nuisance cause of action, but it is a somewhat untested legal approach, and the City could find themselves in the position of testing it. Mr. Pendoley concluded that the Planning Department is charged with priorities from the General Plan which are special projects to be started within two years of the adoption of the General Plan, and noted they have completed a number of projects with the majority of the projects underway that come under the purview of the Zoning Ordinance update. He outlined a tentative schedule that is subject to budget review and said it will probably be unlikely to fund all of the Priority One Projects within the time frame. Mr. Pendoley stated, given the high priority Council has for a number of other projects, such as completion of the East San Rafael Neighborhood Plan and preparation of the Hillside Development Standards, and comparing that with staff available, (2 planners), Mr. Pendoley recommended that the Tree Ordinance may not be the appropriate priority at this time, but it might be best to place it toward the end of the First Priority Projects. Councilmember Frugoli asked Mr. Pendoley what the timetable would be, and he responded it would be in the order of 3 planner months' work if a comprehensive Ordinance were to be done to cover the full scope suggested, and would need to be spread out with other work going on at the same time, estimating 6 or 7 months to have a draft ready. Councilmember Breiner referred to Exhibit "A", Tree Ordinance Review, and asked if it was possible to preserve certain Heritage Trees from total destruction without permits if the City were to require some SRCC MINUTES (Regular) 5/15/89 Page 12 SRCC MINUTES (Regula: 5/15/89 Page 13 kind of removal permit for trees over a certain size without getting into the Preservation, View and Sunlight Ordinance at this point. Mr. Pendoley responded that dependent on what Council is trying to accomplish, and given the resources and priorities, and to protect Heritage Trees, then the removal permit process could be used and would be less expensive than other uses. Mr. Pendoley stated the (Heritage) trees are an important part of the environment and identity of the community, noting it is easier to do than the View Preservation Ordinance and less staff intensive than a View Preservation Ordinance that creates a private nuisance action, but still has staff budget impacts, possibly requiring 20 percent of a full time equivalent. He noted if Council wanted to do this, staff would come back with a series of progress reports so Council could focus on this more clearly and decide what staff hours they want to spend. Councilmember Thayer asked if any ordinance protecting view corridors and sunlight would create a cause of action, and City Attorney Ragghianti responded affirmatively, explaining the difference is in determination by a public entity to become part of the process versus the type of ordinance being analyzed by staff in attempting to mediate and resolve disputes; then failing that, the ordinance grants to the complainant the right to sue the owner of the tree alleging it is a private nuisance. He stated the answer is best worded, "maybe", noting no one knows and there are no reported Appellate Court cases which have construed this particular legal argument. In other areas such as in the East Bay, Mr. Ragghianti stated he knew of several cases which have been mitigated between and among neighbors who are disturbed by views blocked by the growth of trees, but noted this issue has not been raised and never has been raised and cited it is a legitimate issue and simply stated; California law does not permit such a cause of action between private property owners, yet the Legislative Body, could legitimately create it. He believed it to be a policy decision as to whether they wish to do so. Councilmember Boro stated his recollection of what prompted this, was the view/sunlight issue and that he was also concerned with the 8 or 10 months length of time spent on this issue, stating Council has led the people to believe that something would be done, and they need to decide if this will be done in the immediate future, and to what degree, and if not, come back within 6 to 8 months from now. Mr. Lee Attaway, resident of East San Rafael and hilltop dweller, spoke on having a Tree Ordinance to preserve the views. Mr. Ned Turkington, 114 Fernwood Drive, San Rafael, commended Planning staff and City Attorney Ragghianti for their reports and spoke on the preservation of Heritage Trees and Air/Light and View Corridors and asked Council to allow a public hearing and consideration of adopt- ion of a Tree Ordinance to include Heritage Tree provisions as well as Air/Light and View provisions for one year. He noted if it is found to be too costly and burdensome, then the City could cancel it. Mr. Harry Winters, President of West End Neighborhood Association, concurred with the staff report on public hearings being held in the development of a Tree Ordinance to encompass the protection of trees as well as the concept of protection of views, etc. He suggested having protecton of trees grown in groves for ecological reasons, and this should be included in subdivision areas as well. Dr. Julian Lifschiz, resident of San Rafael, stated he is interested in the large trees that need to be topped in his neighborhood of Loch Lomond to maintain their views. Mr. Douqlas Colbert, resident of Terra Linda, corrected a false percep- tion stating the Tree Ordinance is not just for Peacock Gap, but for other areas in San Rafael. Mr. Henry Newall, resident of San Rafael, spoke on the View Presevation aspect, and urged Council to work on the Tree Ordinance. Mr. Lionel Ashcroft, Chairman of the Cultural Affairs Committee, stated SRCC MINUTES (Regular) 5/15/89 Page 13 SRCC MINUTES (Regula 5/15/89 Page 14 they addressed a letter to Council indicating their committee is willing to participate in the drafting of the Tree Ordinance. Mr. John Lamb, resident of Peacock Gap, stated action should proceed on the Tree Ordinance. Mayor Mulryan asked staff to pursue an ordinance that would include both Heritage Trees, View and Light corridors that does not create a private cause of action and would not involve City staffing of site inspections and heavy involvement. Councilmember Boro suggested having some members of the Cultural Affairs Commission work with Planning staff on the ordinance, keeping it to a City created ordinance, and that view and sunlight be included as well as mediation and arbitration. Councilmember Frugoli suggested using some of the ordinances from other cities as examples, hoping this could be done in a lesser time than 8 months. Councilmember Breiner stated the City could benefit from Sausalito's Tree Ordinance while it is in the process of revision. She spoke to costs in connection with the cutting of trees and suggested neighbors have community mediation within their own groups to solve any problems. She also supported having the Cultural Affairs Commission be involved with drafting of the Tree Ordinance. Councilmember Thayer stated she believed the community should be involved with the preservation of valuable trees, groves of trees and views, however, the Zoning and Hillside issues should not be deferred because of a Tree Ordinance. She would agree to staff working on this as time allows, adding that a Sunset Provision should be included, citing Sausalito and other cities who have had some difficulties and asked staff to find out what those difficulties were. City Attorney Ragghianti wanted clarification from Mayor Mulryan, regarding not wanting to create a private cause of action, indicating that is a statement that would need to be brought up in public hearings before the Planning Commission and City Council. He noted it sets out two policy judgments that need to be made and said if there is not going to be a private cause of action, then the "flip" side of that is the public entity will get involved in abating the nuisance and he does not recommend this. He referred to the concept of mediation and arbitration, stating that many cities compel parties to arbitrate before they will even permit a complaint to be made under the Tree Ordinance. He stated these things are important to air in public while the ordinance is being fashioned. Mayor Mulryan agreed with Mr. Ragghianti. Mr. Ragghianti interjected that he did not mean to suggest that a private cause of action would subject the City to liability, noting the issue has never been raised before. Mr. Pendoley suggested rather than establishing a specific schedule now, and in effect making a budget decision, that staff put dollarr-and time figures on each of the projects listed in Priority One so Council can make the most informed choice possible when the Planning Department's budget is set by Council for the year. Councilmember Breiner agreed with Mr. Pendoley's idea and asked to have his input as to what he felt is most important, and that a sug- gested format be given. Councilmember Boro moved and Councilmember Breiner seconded, to direct staff to proceed with developing a process and time line to implement a Tree Ordinance to include the elements of Tree Preservation and Heritage Trees, View and Sunlight Corridor and that Mediation and Arbitration Services be utilized to settle any disputes; also that staff look at the possibility of using part of the Cultural Affairs Commission with augmentation of some citizens. Staff to come back to Council at Budget Hearings next month with a timeline and dollar cost for Council to evaluate as they set the 1989/90 Budget. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 5/15/89 Page 14 SRCC MINUTES (Regula. 5/15/89 Page 15 24. REQUEST FOR AUTHORIZATION FOR FUNDING OF CHILD CARE TASK FORCE (Rec) - File 228 x 202 x 9-3-65 Recreation Director McNamee stated the Child Care Task Force has been meeting since February, 1989, and as they have been unsuccessful in obtaining any grant fund monies, was asking Council for a $10,000 allocation. She noted they have re-evaluated their budget and eliminated some costs and will also be asking local businesses and community members for donations to fund a Citywide child care needs assessment study. In response to Mayor Mulryan's question as to where the money would come from, City Manager Nicolai stated it would come from unallocated reserves. She pointed out that at a previous meeting, the Child Care Plan was recognized as a Number One Priority which started in January, 1989, and has the encouragement of the San Rafael Chamber of Commerce. She indicated a 15 member citizens' group is working toward fund raising to match funds to do the studies and to satisfy the needs in San Rafael. Ms. Nicolai stated the money will be matched, noting the County will be committing $5,000, indicating another $10,000 will be raised from the business community and other private donations and will add up to the $25,000 budget. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution authorizing $10,000 allocation. RESOLUTION NO. 7977 - AUTHORIZING A $10,000 ALLOCATION TO THE SAN RAFAEL CHILD CARE TASK FORCE TO COMPLETE A CITYWIDE -CHILD CARE NEEDS ASSESSMENT STUDY (From unallocated reserves) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. DISCUSSION OF EMBASSY SUITES HOTEL (Pl) - File 5-1-312 x 10-2 x 10-7 Planning Director Pendoley stated since February 27, 1989, when the workshops started, six meetings have taken place including meetings with the Design Review Board. He noted the approval process has been structured to be more elaborate than usual, explaining because this building is more important than others and more complicated, additional levels of review will take place after the appeal period runs out tomorrow afternoon at 5:00 PM. The applicants will be required to submit "Design Development Drawings" to be approved before the founda- tion permits are issued, noting construction drawings will also have to be reviewed by the Design Review Board before the actual structural work can be done. Mr. Pendoley referred to the model and drawings of the Embassy Suites Hotel which have been approved by the Planning Commission with one exception, that the east side elevation has not been approved and will be coming back to the Design Review Board for one more renovation. The glass will be reviewed because no reflective glass will be allowed; the bridge needs to be approved in concert with the County and final landscape plans need to have more details worked out. Cecilia Bridqes, Attorney representing Embassy Suites Hotel and the Woodmont Company, requested that the Council meeting be adjourned to Tuesday, May 30, 1989 in case an appeal is filed before 5:00 PM tomorrow, from the Planning Commission's meeting of May 9, 1989, grant- ing conditional approval of the Design Review Permit for Embassy Suites, noting if there is no appeal, the meeting would be cancelled. Mr. James Adams, of James Adams and Associates, spoke on the Embassy Suites Hotel and thanked Planning Director Pendoley, the Planning Commission and the Design Review Board and stated it was a fruitful experience. After further discussion, Councilmember Frugoli moved and Councilmember Boro seconded, to accept the staff report, and to adjourn the meeting to Tuesday, May 30, 1989, in case an appeal is filed regarding Planning Commission action of May 9, 1989, and that the meeting is to be cancelled if no appeal is filed by 5:00 PM, Tuesday, May 16, 1989, in the City Clerk's Office. SRCC MINUTES (Regular) 5/15/89 Page 15 SRCC MINUTES (Regula 5/15/89 Page 16 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. CONSIDERATION OF COUNCIL APPOINTMENT TO SERVE AS SAN RAFAEL'S REPRESENTATIVE ON THE MARIN COUNTY TRANSPORTATION AUTHORITY - File 170 City Manager Nicolai stated a Council appointment needs to be made to the Transportion Authority which is working on a Sales Tax Measure to go on the ballot. She noted the Transportation Authority will be responsible for putting the measure on the ballot and then be responsible for monitoring the use of the monies for the program. Councilmember Thayer moved and Mayor Mulryan seconded, to elect Council - member Breiner to serve as San Rafael's Representative on the Marin County Transportion Authority. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner There being no further business, the meeting was adjourned to May 30, 1989. JEAN� "'. � . LEONCINI,'City Clerk APPROVED THIS DAY OF 1989 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/15/89 Page 16