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HomeMy WebLinkAboutCC Minutes 1989-09-18SRCC MINUTES (Regular) _/18/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 18, 1989, at 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - FILE 1.4.1.a 1. No. 89-16(a) - V. No reportable action was taken. Litigation was not discussed. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 18, 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 Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: 3. 4. 5. 7. MR Item Acceptance of Statements of Dis- closure for Members of Citizens Advisory Committee, Planning Com- mission and Redevelopment Agency Staff (CC) - File 9-4-2 Authorization to Call for Appli- cations to Serve as the City's Representative on the Marin Com- mission on Aging, Due to the Resignation of Anna K. Stern (CC) - File 199 Extension of Agreement with William Lellis for Inspection Services in the Fire Department (FD) - File 4-3-223 x 9-3-31 Acceptance of Grant of Easement for Lindaro Street Pump Station from PG&E (PW) - File 2-3 Resolution with Findings Grant- ing Appeal re Certification of a Negative Declaration and Condi- tional Approval of a Two Lot Sub- division and Design Review for Two Single Family Residences; One Highland Avenue at Hubbell Court; Kenneth Massa, Owner; Jeff Mulanax, Spokesperson for Montecito Neighborhood Assn., Appellant; AP 15-202-38 (P1) - File 5-1-311 Recommended Action Accepted statements. Accepted staff recommendation; a) Called for applications (to fill unexpired term to 6/30/91); b) Set deadline of 12 Noon, 10/10/89 for receipt of applica- tions; c) Set special meeting at 6:30 PM, 10/16/89 to interview applicants. RESOLUTION NO. 8034 - AUTHORIZING THE CITY MANAGER TO SIGN AN AGREE- MENT WITH WILLIAM LELLIS FOR IN- SPECTION SERVICES IN THE FIRE DEPARTMENT (From 9/6/89 through 9/17/90) RESOLUTION NO. 8035 - ACCEPTING GRANT OF EASEMENT FROM PACIFIC GAS AND ELECTRIC COMPANY FOR LANDS OF THE LINDARO STREET STORM WATER PUMP STATION RESOLUTION NO. 8036 - UPHOLDING THE APPEAL OF THE PLANNING COM- MISSION'S CONDITIONAL APPROVAL OF S89-7 AND ED89-57 AND DENYING A TWO LOT SUBDIVISION AND DESIGN REVIEW FOR TWO SINGLE FAMILY RES- IDENCES ON HIGHLAND AVENUE AT HUBBELL COURT SRCC MINUTES (Regular) 9/18/89 Page 1 SRCC MINUTES (Regular) 9/18/89 Page 2 10. TS86-4 - Appeal of Planning Com- mission's Conditional Approval of Tentative Map for 28 Lot Single Family Subdivision - Loch Lomond #10; Las Casas & Inverness Drives; Robert B. Ham, Inc., Owner; Oberkamper & Assoc., Rep.; Mel Croner for the Loch Lomond Home- owners' Assoc., Appellant; AP 186-031-02 & 06; 186-520-17 & 18 (Pl) - File 5-1-297 x 10-6 12. Resolution Adopting Neighborhood Meeting Procedures (Pl) - File 10-2 x 115 13. Request from Downtown Merchants Association for .Partial Closure of Streets for Downtown San Rafael Fourth Street Mile Race, Sunday, October 8, 1989, from 6:00 AM to 6:00 PM (Portions of Fourth Street, Cijos, Lootens Place, Fifth Avenue and Lincoln Avenue (PD) - File 11-19 14. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1568 - An Ordinance of the City of San Rafael Provid- ing for the Sale and Conveyance of Public Real Property Located at 346 Mountain View Avenue, San Rafael, California, to Harry Rodrigues of 18 Sea Way, San Rafael, California 94901, (AP 15-263-13) (RA) - File 2-7 x 2-4 15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1569 - An Ordinance of the City of San Rafael Amend- ing 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 "U" (Unclassified) District to P -D (Planned Development) District (Laurel Glen - 26 San Pablo Avenue) (P1) - File 5-1-301 x 10-3 Council set Public Hearing Date for October 16, 1989 RESOLUTION NO. 8037 - ADOPTING NEIGHBORHOOD MEETING PROCEDURES Approved staff recommendation. Approved final adoption of Ordinance No. 1568. Approved final adoption of Ordinance No. 1569. 16. Renewal of Contract with RESOLUTION NO. 8038 - AUTHORIZING Insurance Consulting Assoc- THE SIGNING OF A CONTRACT, LEASE iates, Inc. for Liability Claims OR AGREEMENT (W/Insurance Con - Administration (CA) sulting Associates, Inc., for 1 - File 4-10-184 year from 9/10/89, to midnight 9/9/90) 18. Resolution Authorizing Execu- tion of Amendment to Below Market Rate (BMR) Agreement Between First Southwest Diversified Partners and City of San Rafael re Marin Lagoon (P1) - File 5-1-313 RESOLUTION NO. 8039 - AUTHORIZING EXECUTION OF AMENDMENT TO BELOW MARKET RATE AGREEMENT BETWEEN FIRST SOUTHWEST DIVERSIFIED PARTNERS AND CITY OF SAN RAFAEL RE MARIN LAGOON 19. Renewal of Agreement Between RESOLUTION NO. 8040 - AUTHORIZING the City of San Rafael and the SIGNING OF A CONTRACT, LEASE OR County of Marin re Services of AGREEMENT (W/County of Marin for "Project Coordinator" for the Services of Adult Literacy Project Adult Literacy Project (Lib) - Coordinator) (Thru 6/30/90) File 4-13-75 SRCC MINUTES (Regular) 9/18/89 Page 2 SRCC MINUTES (Regular) 9/18/89 20. Joint City/County Library Project (Lib) a. Resolution Authorizing Execution of an Agreement with Raymond Holt to Pro- vide Assistance to City in the Selection of Design Pro- fessional Services for the San Rafael/Marin Resource Library - File 4-3-195 x 4-13-77 b. Resolution Appropriating $3,500 from the Davidson Bequest for That Purpose - File 8-20 22. Request for Authorization to Call for Bids for Albert Park Tennis Courts and Ball - field Lighting Project (Rec) - File 4-1-432 x 9-3-65 x 9-3-66 23. Resolutions of Appreciation for: a. Lane Fye, Fire Commission Chairman (FD) - File 102 x 9-2-5 b. Steven Arago, Member, Park and Recreation Commission (Rec) - File 102 x 9-2-4 25. Claims for Damages: a. Richard Knuth (PD) - Claim No. 3-1-1425 b. Harold Hutchinson (PD) - Claim No. 3-1-1426 c. Arilla Aherne (PW) - Claim No. 3-1-1432 d. Janet Stremme (PD) - Claim No. 3-1-1435 Page 3 RESOLUTION NO. 8041 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Raymond Holt to Pro- vide Assistance in the Selection of Design Professional Services) RESOLUTION NO. 8042 - APPROPRIATING $3,500 FROM THE DAVIDSON BEQUEST FOR CONSULTANT SERVICES TO PROVIDE ASSISTANCE TO THE CITY OF SAN RAFAEL IN THE SELECTION OF DESIGN PRO- FESSIONAL SERVICES FOR THE SAN RAFAEL/MARIN RESOURCE LIBRARY Approved staff recommendation. RESOLUTION NO. 8043 - RESOLUTION OF APPRECIATION TO LANE FYE, FIRE COMMISSIONER RESOLUTION NO. 8044 - RESOLUTION OF APPRECIATION TO STEVEN ARAGO, PARK AND RECREATION COMMISSIONER Approved City Attorney's recommendation for denial of Claims a, b, c, & d. 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: 2. APPROVAL OF MINUTES OF SPECIAL AND REGULAR MEETINGS OF SEPTEMBER 5, 1989 (CC) Councilmember Boro requested an amendment on page 3, Item 7, in the fifth paragraph, stating that the words "on future budgets" should be added at the end of the last sentence. Councilmember Boro then moved, and Councilmember Breiner seconded, to approve the minutes of the special meeting of September 5, 1989 as submitted, and to approve the minutes of the regular meeting of September 5, 1989, as amended. SRCC MINUTES (Regular) 9/18/89 Page 3 SRCC MINUTES (Regular) 9/18/89 Page 4 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Mayor Mulryan (due to absence from meetings) 6. REPORT ON BID OPENING AND AWARD OF CONTRACT - PEACOCK GAP COMMUNITY PARK (PW) - File 4-1-431 Councilmember Frugoli questioned the $6,000 monthly maintenance cost as being excessive and suggested having the maintenance looked at by private contractors. Public Works Director Bernardi explained that the $6,000 includes cleaning the restrooms and doing all of the normal work in the park. Councilmember Thayer questioned some of the bid prices not being consistent as far as cost is concerned, and Mr. Bernardi explained that in the bidding process contractors often bid higher on one item to get the funds to purchase other items. Councilmember Breiner stated that when this project was discussed originally there was going to be maintenance included to guarantee replacement as some of the plants die off. Mr. Bernardi responded that the contractor is required to maintain the landscaping for at least six months, and there is a guarantee period in the contract. Councilmember Boro noted that when this same contractor, Bauman Landscape, did the entrances to the City the City paid more for the plants but they were guaranteed for a year. Mr. Bernardi stated that he will review the contract in this regard. Councilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution awarding the contract for Peacock Gap Community Park to Bauman Landscape, Inc. RESOLUTION NO. 8045 - RESOLUTION OF AWARD OF CONTRACT (To Bauman Landscape, Inc., low bidder, in amount of $535,373) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. STATUS REPORT ON SHEEP GRAZING PROGRAM (PW) - File 4-10-158 x 9-3-40 x 13-14-1 x 4-10-212 Councilmember Frugoli informed the Council that he and Mr. Bernardi had met with sheepherder Don Mills today and went over the proposals. Mr. Frugoli stated that Mr. Mills will give Mr. Bernardi a report on what he feels would be the feasible way for him to go, and that will be balanced off with the Open Space Management Plan. Mr. Bernardi stated he should be able to come back with alternatives for Council discussion in a month. Council accepted the report. 11. STATUS REPORT ON PLANNING DEPARTMENT WORK PROGRAM (P1) - File 10-2 x 115 Councilmember Breiner asked that this item be moved back on the agenda, to be discussed after the Transportation Plan discussion. 17. RENEWAL OF AGREEMENT WITH MARIN SUPPLY FOR JANITORIAL SERVICES FOR CITY HALL, LIBRARY, POLICE DEPARTMENT AND CORPORATION YARD (CM) - File 4-3-116 Councilmember Boro noted that there is a statement in the staff report which says the City has had the same janitorial service for five years and staff is recommending that the City not go out for bids at this time. Mr. Boro remarked that there is a 12% increase in this contract. SRCC MINUTES (Regular) 9/18/89 Page 4 SRCC MINUTES (Regular) /18/89 Page 5 Suzanne Golt, Assistant to the City Manager, responded that Denis Selle, on two occasions over the past three years, has done pricing surveys for City Hall, Falkirk, and child care facilities, and found that Marin Supply remains very competitive in comparison to other janitorial companies. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution granting the janitorial contract to Marin Supply. RESOLUTION NO. 8046 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Marin Supply for Janitorial Services for City Hall, Police Department, Library, Public Works Corporation Yard and Fire Department Station 1, effective 9/1/89) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. RENEWAL OF CONTRACT WITH COMPUTER MANAGEMENT SERVICES, INC. TO PROVIDE A COMPUTER MANAGEMENT INFORMATION SYSTEM (CM) - File 4-3-117 Councilmember Boro inquired about the result if the computer company were not able to perform. City Manager Nicolai responded that if something happened to the company, whatever amount of money was owed by the City could be worked out in an arrangement to continue using the hardware. She stated there are provisions in the contract for such an event. Councilmember Thayer inquired about going in-house, and are there disadvantages. Ms. Nicolai explained that other companies who tried this approach, without having an actual Data Processing Department, had a problem with their hardware becoming obsolete. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution renewing the contract with Computer Management Services, Inc. RESOLUTION NO. 8047 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Computer Management Services, Inc. to provide a Computer Management Information System - Five -Year Extension, from 7-1-89 through 6/30/94) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 The Council reviewed the report on SB 1127 (Green), Peace Officers and Firefighters, Labor Dispute Resolution Procedure, which Library Director Vaughn Stratford stated provides compulsory and binding arbitration for state safety officers. He stated this Bill would cover local jurisdictions which elect to be subject to it by enacting an ordinance. Staff is recommending the Bill be opposed. Council agreed to OPPOSE SB 1127 (Green), Peace Officers and Firefighters, Labor Dispute Resolution Procedure. Councilmember Thayer stated she is not really opposed to this Bill, because there are occasions in which arbitration is helpful. 26. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO: a. Lane Fye, Fire Commission Chairman - File 102 x 9-2-5 Mayor Mulryan stated that Mr. Fye is out of town, and the Resolution will be sent to him. SRCC MINUTES (Regular) 9/18/89 Page 5 SRCC MINUTES (Regular) 9/18/89 Page 6 b. Steven Arago, Member, Park and Recreation Commission - File 102 x 9-2-4 Mayor Mulryan presented the Resolution of Appreciation to Mr. Arago, and thanked him for his contributions to the City, noting that as a landscape architect Mr. Arago provided invaluable assistance to staff in the development of Pickleweed Park and other landscaping projects. 27. PRESENTATION BY CALIFORNIA STATE AUTOMOBILE ASSOCIATION OF AWARD OF MERIT, AAA PEDESTRIAN PROTECTION PROGRAM, TO THE CITY OF SAN RAFAEL - File 102 x 9-3-30 Mr. D. Allen Wyly, Manager for the San Rafael District, California State Automobile Association, presented an Award of Merit for the AAA Pedestrian Protection Program. He stated that through the work of the San Rafael Police Department under Chief Ingwersen, San Rafael came out as one of the winners in this program. 28. PUBLIC HEARING RE SMITH RANCH HOMES (CA) - File 5-1-290 a. ANNUAL REVIEW OF REDEVELOPMENT AGREEMENT FOR SMITH RANCH HOMES RETIREMENT PROJECT AND MCINNIS PARK APARTMENTS AFFORDABLE HOUSING PROJECT LOCATED ON REDWOOD DRIVE NORTH OF SMITH RANCH ROAD. b. REQUEST FOR AMENDMENT TO DEVELOPMENT AGREEMENT. Mayor Mulryan declared the Public Hearing opened. City Attorney Gary Ragghianti explained that Item 28-a, the Annual Review of the Redevelopment Agreement and Issuance of a Certificate of Compliance is required by California Government Code Section 65865.1. He added that this is a yearly requirement, and the developers have requested that it be done at this time. Mayor Mulryan inquired if there was any reason the Council should not grant the Certificate of Compliance, and Mr. Ragghianti responded that there is no reason; and that, in fact, the representatives of the developers have been extremely cooperative. Attorney Graham Maloney, counsel for Tishman Speyer, informed the Council that their Certificate of Compliance document explains the various construction activities which have been completed. He added that the Development Agreement, which governs the project, and for which the developers are asking be extended, requires that Tishman Speyer build 98 apartment units and lease 20 units for low income housing and 20 units for moderate income housing. Further conditions are for Tishman Speyer to build 400 residential retirement units and a skilled nursing facility. Mr. Maloney stated that as of this date the 98 apartment units have been completed, and they have recorded two covenants to run with the land: One which is in perpetuity for the moderate income units, and one for ten years for the low income units. He added that they have hired a management company for the apartments, and have told them the levels of compliance. Also, the management company has become a limited partner. Planning Director Pendoley informed the Council that the management of the apartments is required to make monthly reports during the leasing period, which they have been doing, and also quarterly reports on the tenants and their income and rent. Mayor Mulryan inquired about the amendment to the Development Agreement, and Mr. Maloney stated that, in addition to his previous remarks, the amendment requires that the developer operate for ten years as a moderate income housing project, and there is a covenant so that any subsequent owners would be governed by this requirement. He added that if the operators of the apartments breached the provisions of the moderate income apartments, the permit for the retirement community would be revoked by the City, and as long as the two projects are linked the financing could be jeopardized. SRCC MINUTES (Regular) 9/18/89 Page 6 SRCC MINUTES (Regular) 9/18/89 Page 7 Councilmember Thayer inquired about the limited partnerships, and Mr. Maloney responded that Tishman Speyer has over 35 partners who are employees who participate in this project and it gives them an incentive for the project to prosper. He added that Tishman Speyer probably will not keep the apartment building too long, noting that they do many office buildings and retirement communities. He said they will ultimately sell the apartment partnership interest, hopefully to local interests. Councilmember Thayer then inquired if there is a financial reason why Tishman Speyer wants to split the two developments, and Mr. Maloney responded that the requirement that the lender puts on the $100 million loan is quite complex, and the McInnis Park Apartments is part of it. He added that the lender imposes high rates and more stringent covenants. Councilmember Breiner stated a concern that if the two entities are split what assurance would the City have for the future maintenance of the goal. Mr. Maloney responded that the MHDC has an interest in the development and could replace the partners if the covenants were violated. He stated that the low and moderate income housing must be maintained on the site, and if the MHDC did not see to it, the City could step in. Councilmember Thayer said she is concerned about the partners remaining solvent, and Mr. Maloney stated that the apartments must be operated for ten years at cost, and that the present rent levels are sufficient to operate the project. Councilmember Boro inquired about City employees being given the opportunity to rent the apartments, and Mr. Maloney replied that they had solicited names of City employees and sent flyers, but did not get much interest. There being no further input, the Public Hearing was closed. Councilmember Thayer moved and Councilmember Frugoli seconded, to adopt the Resolution authorizing execution of the Certificate of Compliance. RESOLUTION NO. 8048 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (Smith Ranch Hills Development Agreement) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENTS TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT" 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. 1570 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. PUBLIC HEARING - ED89-27 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF DESIGN REVIEW FOR SINGLE FAMILY DWELLING; 5 BISCAYNE COURT; LARRY KAPLAN, OWNER; R. J. HUNTSBERRY 7 ASSOC., REP.; ADAMS, SADLER 7 HOVIS, REP.; JULIA AND MICHAEL FRANCO, DEBRA 7 GIDEON MANN AND MARIE AND MARTIN SOOPER, APPELLANTS; AP 184-133-25 (P1) - File 10-7 SRCC MINUTES (Regular) 9/18/89 Page 7 SRCC MINUTES (Regular) 9/18/89 Page 8 Mayor Mulryan declared the Public Hearing opened. Planning Director Pendoley briefed the Council, stating that on August 15, 1989, the Planning Commission voted 5-0 to approve the proposed design. He stated that the project involves the construction of a 3,500 square foot single family swelling on a 24,335 square foot parcel in the Peacock Manor Subdivision. He added that the Design Review Board (DRB) had asked for a number of changes, including reduction of the second story, moving the building to the back of the property, installation of a solid rail on the deck for privacy, and landscaping to be planted before construction. Mr. Pendoley illustrated the site by means of a map, and stated that the basic point of issue is that this is a flag lot on a steep hillside site. He stated the lot was formed in order to capture views. By means of a drawing, Mr. Pendoley showed a cross-section illustrating the excavation into the hillside, with the foundation stepped into the hillside to reduce visual impact. He added that one item at issue is the second story, with the living and dining areas, and the bedrooms below, and stated that this was done to gain the views of the golf course and Mt. Tamalpais. He stated that the DRB and Planning recommended approval because this lot was created as a flag lot in order to capture views, and that both groups felt that all reasonable measures were taken to mitigate impact on the neighbors. Also, they felt it was not in their purview to restrict floor plans. Councilmember Breiner inquired, why did the DRB not ask about story poles, or are they not usually included. Mr. Pendoley responded that the DRB members usually do not ask for them, because they are design professionals who can derive enough from working with the drawings and the property to understand where elevations are actually going to fit. Mr. Pendoley noted that the DRB did ask for drawings of the other houses, and they are in the staff report. Attorney Doniel Weil, representing the neighbors below the site in question, distributed a set of photographs and a petition from residents which he said comprised one-half of the subdivision. He said the pictures are to show the intrusion, and noted that story poles were not placed on the site until two days before the Planning Commission meeting. He added that his clients are not opposed to construction on the site, but only with the design which was approved. Mr. Weil stated the design should be more in keeping with the remainder of the area, and noted that this is the last house to be built in this subdivision. He said he and his clients have tried to meet with the owner, Mr. Kaplan, to discuss the matter but he has refused to do so. He said the staff report is misleading with regard to the size of the lot, and added that the view potential should not be oblivious to anything else. He said the basic issue is not the flag lot, but that a massive home is to be built upon it. Mr. Weil stated that his clients object to the second floor living area, and that the mitigation measures are not sufficient. He added that this is not the only design which could be achieved. He stated he is not asking that Mr. Kaplan be penalized for purchasing the flag lot, but that it should go through Design Review again with regard to a home more in keeping with the neighborhood and lot. Mayor Mulryan inquired if Mr. Weil objects to the living area being on the second floor, and Mr. Weil replied in the affirmative, adding that with the deck on the second floor you are maximizing the intrusion. Mayor Mulryan remarked that there are many homes in this community which are much closer than the 54 feet indicated, and Mr. Weil responded that 54 feet is not enough to minimize the intrusion because of the height. Councilmember Thayer inquired if there are any other homes in the area which are set as close to other houses as this would be, and Mr. Pendoley responded he does not know of any with the living area on the top floor. Mr. Weil stated that he does not believe the item of living area on the upper floor has had sufficient consideration. SRCC MINUTES (Regular) 9/18/89 Page 8 SRCC MINUTES (Regular) /18/89 Page 9 Councilmember Boro inquired of Mr. Weil about not having meetings with Mr. Kaplan, and he replied that his clients had met with Mr. Kaplan,but had no satisfactory discussions. Councilmember Frugoli inquired if the deck could be moved around so that it would not protrude. Mr. Pendoley responded that the Planning Commission and DRB felt it was reasonable that this lot was designed to capture views and if there were only front windows the views would be restricted. Councilmember Thayer asked about having the living area on the floor below, and Mr. Pendoley responded that would result in the owners having a view of the backs of adjacent homes. Councilmember Boro suggested putting the garage to the side and making the structure two stories, and Mr. Pendoley responded that would make the house too low for views. Mr. Weil stated he thinks a view could be achieved without sacrificing the neighbors' privacy. Attorney Cecilia Bridges, representing the applicant, Larry Kaplan, addressed the Council, stating that the Council has copies of her letter so she would not go into the details she had outlined in it. She stated she believes the Planning Director's report clearly reviews the issues and the conclusions of the Planning Commission and DRB. She pointed out that the houses at 13, 17, 21, 25 and 29 on Biscayne are all structured with 2 1/2 stories, and that this is a common design for homes on lots which are not flat, so they will fit into the grade. Ms. Bridges added that having the living area on the top floor and the bedrooms below is not unusual, especially on hillside lots. She noted that most of the homes in the Oakwood Subdivision are built that way, as is her own home which was built in 1954. Ms. Bridges stated that the DRB suggestion of a solid railing will take care of the fear that people on the deck will look into the backyards of the homes below. She added that Mr. Kaplan has agreed to screening landscaping along the entire property line. With regard to the distance between homes, Ms. Bridges pointed out that there is only a 20 foot space between the homes at #7 and #9. She also noted that the building envelope for the property is much larger than Mr. Kaplan is planning to use. Ms. Bridges also pointed out that when the people below bought their homes in the past few years they knew this lot would be developed and, in fact, if it had already been built upon it might have had an effect on the design of the other homes. Ms. Bridges suggested that the Council might ask the appellants what kind of home they would design and then compare it with the requirements. She stated that based on her review and the Planning Commission recommendations she believes the Council will reach the conclusion that this design meets the criteria for design application and grant the permit. Larry Kaplan, owner of the property, stated that before purchasing the lot he took a month studying the feasibility study, CC&R's and the City's height limitations. He had also met with Mary Carpou of Peacock Gap Homeowners Association and Bill Tuikka of the City's Planning Department. He stated that he had been through the City's Design Review, and Peacock Gap Homeowners Association and had shown plans to the neighbors. He said he had also provided landscaping plans, and told the neighbors he would change them to suit them. There being no further public input, the Public Hearing was closed. SRCC MINUTES (Regular) 9/18/89 Page 9 SRCC MINUTES (Regular) 9/18/89 Page 10 Councilmember Boro noted that it is rare to have design review on a single family residence. He added that the applicant is sensitive to the fact that he has a burden to overcome. Mr. Boro remarked that the neighbors say that they are not opposed to the development of the lot, but to this particular one, and he would like to see the homeowner and neighbors sit down and work it out. He stated he feels there is pretty much maximum development on the site. Mayor Mulryan stated there have been a number of meetings, and the project has been through Design Review. Councilmember Briener stated she wishes the DRB had seen the story poles, and that they should have been there earlier. Ms. Breiner noted that the 25,000 square foot lot is not totally developable. She added that this is a very attractive design, and if it were a different lot away from other neighbors it would be fine, and wondered if there was something which could have been done at the time it was subdivided so this would not have happened. Ms. Breiner said she would like to see this go back to the DRB with the Council's comments, to look at the lot with the story poles in place. Councilmember Thayer stated she agrees with Councilmember Boro, and that the developer has made several concessions but she is a little concerned with the controversy regarding the view. She noted that the owner bought the parcel with the thought that the view would be maximized, but there is also the privacy issue with the neighbors. Ms. Thayer said there must be some way this can be solved, with a little give and take on each side. She stated she would like to see the neighborhood work it out. She stated it is a very attractive design, but there should be a different floor area ratio for this type of lot, and should depend on the buildable area. She noted there are no standards for that in the General Plan, as there are for commercial buildings. Mr. Pendoley informed the Council that in this case the building envelope was set as far away as possible from the neighboring properties. He noted that less floor area ratio is allowed in a hillside situation than on a flat lot. He noted that a real effort has to be made to screen as much as possible, as the most effective compromise. Councilmember Frugoli recommended sending the proposal back to the Design Review Board, to consider moving the decks, additional screening, and a major compromise with the neighbors. Mayor Mulryan inquired of City .Attorney Ragghianti if there is a way to send the matter back to Design Review to have them move the house back and perhaps even consider an alternate location, and hold the appeal in abeyance, and have the matter come back to Council in 30 days. Mr. Ragghianti replied in the affirmative. Councilmember Boro moved and Councilmember Breiner seconded, to refer the matter back to the Design Review Board, to consider the issues discussed and return it to the City Council in thirty days, to October 16, 1989. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. PUBLIC HEARING - TO CONSIDER EXTENSION OF INTERIM URGENCY ORDINANCE NO. 1567 ON GROUP CARE FACILITIES TO APRIL 1, 1990 (Pl) - File 10-5 Mayor Mulryan opened the Public Hearing. As there was no one who wished to speak, the Public Hearing was closed. The title of the Ordinance was read: SRCC MINUTES (Regular) 9/18/89 Page 10 SRCC MINUTES (Regular) 9/18/89 Paae 11 "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING AND AMENDING ORDINANCE NUMBER 1567 PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED ZONING PROPOSAL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, CONCERNING THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR GROUP CARE FACILITIES". Councilmember Boro moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and adopt Charter Ordinance No. 1571 (Interim Urgency Ordinance) by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Frugoli left the meeting due to illness.) 31. MEMORANDUM OF UNDERSTANDING RE LUCAS RIDGE ESTATES - REQUEST FOR. WAIVER OF DUAL ANNEXATION POLICY (Pl) - File 5-2 x 149 Mr. Pendoley briefed the Council, stating that in Februa.ry of this year, in response to a request by Supervisor Roumiguiere and a recommendation by City staff, the Council had authorized negotiation of a Memorandum of Understanding (MOU) with Marin County to refuse annexation of the Daphne - Bacciocco parcel. He noted that the property was proposed for subdivision, as Lucas Ridge Estates with 74 residential lots, and was given Priority Status. Mr. Pendoley stated that on August 7, 1989, the Council reviewed a draft MOU and did not direct any changes to the proposal; however since that time the agreement has been reviewed by the County Planning Director and Supervisor Roumiguiere, and the County has requested one change with respect to collection of traffic mitigation fees for the area, to which staff is in agreement. Councilmember Boro pointed out that this MOU does not preclude other sites, and covers just this one area. Councilmember Breiner noted that the wording of paragraph 6, subparagraphs C, D and E, would preclude the residents of this area from voting to be annexed to the City of San Rafael if, after all the homes are built, they should desire to do so. She stated she realized this is a slight possibility, but if the residents wanted police protection from San Rafael and want to vote in San Rafael, they would not be able to unless the whole area annexed. Councilmember Breiner moved, and Mayor Mulryan seconded, to amend paragraph 6, subparagraphs C, D and E of the MOLT, to reflect that residents of this area, after all homes are built, be given the right to vote to annex to the City of San Rafael. Under discussion, John Hammond, President of the Marinwood Homeowners Association, u.ra_ed that this change not be made in the MOU, stating that it has been his Association's viewpoint that if the area is ever annexed to the City of San Rafael it would be the entire Marinwood area. Supervisor Robert Roumiguiere agreed with Mr. Hammond about the area, including Upper Lucas Valley, being treated as a whole. He urged that the MOU be approved as it now is. Councilmember Breiner then questioned paragraph 3, regarding fire protection and the cost of $3,000 for sprinkler systems. She stated that if they cost more than that and some residents did not have them installed, could a fire alarm system be in place. Mr. Pendolev stated that provision was an addition, and actually investigation has shown that fire prevention systems cost much less than $3,000. He added that the cost should be in 1989 dollars. SRCC MINUTES (Regular) 9/18/89 Page 11 SRCC MINUTES (Regular) /18/89 Page 12 Councilmember Thayer thanked Councilmember Boro and Supervisor Roumiguiere on preparing an excellent document. AYES: COUNCILMEMBERS: Breiner NOES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan ABSENT: COUNCILMEMBERS: Frugoli The motion failed. Councilmember Boro moved and Councilmember Thayer seconded, to direct staff to prepare the Resolution authorizing the Mayor to sign the Memorandum of Understanding. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 32. PRESENTATION OF MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN (P1) - File 170 Mr. Pendoley briefed the Council, stating that in the staff report there are a number of concerns, one of which was shared by the Planning Commission on a 4-2 vote, that not taking McInnis Parkway as a four -lane road and relieving 101 congestion would be a serious error. He added this would be inconsistent with the General Plan, which states that McInnis was planned to serve the Silveira lands and relieve 101. He added that not having this may threaten the development of the Silveira/St. Vincent's property. Also, the widening would achieve a better balance of jobs and housing in the area, and better circulation on 101. Mr. Pendoley added that studies have shown that without the four lanes and reliever of 101 we may not be able to maintain Level of Service (LOS) D. He stated that, with regard to the sales tax measure, there is a series of alternative fundings for the Council's consideration. Councilmember Thayer called attention to page 6 of the staff report, paragraph 5, which speaks of widening McInnis. Senior Planner Jean Freitas explained that $4.95 million of Northgate traffic mitigation fees will go toward the widening. Marge Macris, representing the Marin Conservation League, urged that land use alternatives be evaluated and given to the public in plain language. She added that before the measure goes before the voters this should be done, rather than a full EIR. She stated this should be looked at not only in terms of the transportation impact, but also water and socio-economic impact. Ms. Macris stated that another alternative to evaluation would be the possibility of acquiring the sites on which development is planned and seeing what the cost difference would be. She added that the Marin Conservation League feels that a Countywide Plan is long overdue and there is a clear need for planning to be coordinated within the twelve jurisdictions in Marin. Erwin Williams, representing the North San Rafael Coalition of Residents, stated that his group enthusiastically applauds this process. They hope and urge that the process continues and expands in the future. He stated the Coalition hopes that San Rafael will continue to play an active role in impacts which will affect this area. Councilmember Breiner recommended that on page 8, paragraph 6 of the Plan, the words "and bike paths" be added after the words, "school transportation services". She also stated that it may not be wise for the Council to make a decision on McInnis Parkway at this time, since there is so much information needed which has not been provided. Councilmember Boro stated that the basic issue is that the widening of McInnis should not be precluded. He added that he would consider endorsing Alternative A, because it is good planning to provide for the potential, and he would not want to preclude future generations from the -use of McInnis. Mayor Mulryan agreed with Mr. Boro's remarks. SRCC MINUTES (Regular)_ 9/18/89 Page 12 SRCC MINUTES (Regular) 9/18/89 Page 13 Councilmember Thayer stated that land use alternatives should be considered, and that she likes the idea of purchasing the land for open space. She stated she can see everything collecting at one point in San Rafael, with the Merrydale Overcrossing, and causing serious congestion. She stated the City should look at limiting its own growth. After further discussion the Council agreed to continue this item to the meeting on October 2, 1989, at which time they would like to see comments made by the other jurisdictions in the County. 11. STATUS REPORT ON PLANNING DEPARTMENT WORK PROGRAM (P1) - File 10-2 x 115 Councilmember Breiner stated that she asked this item be put over until after discussion of the 101 Transportation issue, because she had concerns regarding the Advisory Committee. Councilmember Breiner moved and Councilmember Boro seconded, to accept the Planning Department Work Program report. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 33. REPORT ON UNREINFORCED MASONRY LAW (PW) - FILE 13-11 X 9-3-40 X 1-6-1 Councilmembers reviewed a staff report from Public Works Director Bernardi, recommending that the City Council direct staff to draft an Ordinance which requires mandatory repairs to unreinforced masonry buildings throughout the City, with repairs to be performed over a five- year period, and that those buildings occupied by assembly designations be improved first. The 1973 Uniform Building Code will be used as the design standard, and penalties will be imposed for noncompliance. Councilmember Thayer noted that this will be very costly and recommended that time frames be as lenient as possible for that reason. Mr.Bernardi stated that when the Ordinance is being prepared the owners of affected buildings will be given a copy so they will be aware. He added that one method of financing which might be feasible would be to have the Redevelopment Agency put together low interest loans. Councilmember Breiner moved and Councilmember Thayer seconded, to accept the report and direct staff to prepare an Ordinance as discussed. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mavor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Fruqoli 34. CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO SERVE ON THE NORTH BAY ADVISORY COMMITTEE (MARIN AND SOUTHERN SONOMA) TO THE BAY AREA RAPID TRANSIT DISTRICT - File 11-1 x 9-3-40 Councilmembers agreed that Traffic Engineer John Rumsey would be asked to monitor the meetings of the North Bay Advisory Committee, and have minutes furnished to the City. 35. REQUEST FOR ENDORSEMENT OF THE SAN FRANCISCO BAY - DELTA WATER QUALITY STANDARDS RESOLUTION - File 13-12 Councilmember Breiner moved and Councilmember Boro seconded, to adopt a Resolution adopting the San Francisco Bay - Delta Water Quality Standards. RESOLUTION NO. 8049 - ADOPTING THE SAN FRANCISCO BAY - DELTA ESTUARY WATER QUALITY STANDARDS AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli SRCC MINUTES (Regular) 9/18/89 Page 13 SRCC MINUTES (Regular) 9/18/89 Page 14 36. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE, OCTOBER 22/25, 1989 IN SAN FRANCISCO (CC) - File 9-11-1 The Council appointed Mayor Mulryan as Voting Delegate and Councilmember Boro as Alternate. 37. DISCUSSION OF HAZARDOUS SUBSTANCE PROGRAM (CM) - File 13-2 x 8-5 x 9-3-31 City Manager Nicolai briefed the Council on the program, and stated that it will require creation of a new position, that of Hazardous Materials Coordinator, to provide technical assistance, coordination of the City's efforts and liaison with regional, State and Federal agencies on toxics issues. She added that the Council is being requested to authorize creation of the position in the Fire Department. Councilmember Breiner stated she would like to see, incorporated in the plan, establishment of a "hot line" so that if someone sees any illegal dumping they could immediately call and there would always be someone there. Ms. Nicolai responded that the Fire Department has a 24-hour dispatch operation, so that could be worked in easily. Councilmember Breiner moved and Councilmember Boro seconded, to accept the report and authorize the new position in the Fire Department (of Deputy Fire Marshall), and that included in the approval is establishment of a hot line for people to call. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli ADD ITEMS: Councilmember Boro requested that staff either report at the next meeting or send a memo, regarding the hiring of an Inspector for the Embassy Suites project; where the City stands .regarding the Cerutti house on "B" Street; and the status of the Brick Barn in Peacock. There being no further business the meeting adjourned at 11:05 PM. �j DEAL` 1. LEOP7CINI, gity Clerk APPROVED THIS DAY OF , 1989 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/18/89 Page 14