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HomeMy WebLinkAboutCC Minutes 1988-10-17SRCC MINUTES (Regular) 10/17/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 17, 1988. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION, LABOR NEGOTIATIONS AND PROPERTY ACQUISITION PER GOVERNMENT CODE SECTION 54956.8 - File 1.4.1.a Litigation and Labor Negotiations were not discussed. City Clerk Leoncini announced in Open Session that Council was going to meet in Closed Session to discuss property acquisition - No. 88-22(a), AP 18-180-31 & AP 18-180-49 and will be negotiating with Pacific Gas & Electric Company. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 17, 1988 AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: Dorothy L. Breiner, Councilmember Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk. CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: Item Recommended Action 2. Approval of Minutes of Regular Approved as submitted. Meeting of September 19, 1988 (CC) 5. Resolution With Findings re Ap- peals of Tentative Map for 5 -Lot Subdivision; 21 Madrona Street at Clorinda Avenue; Jim Turrini et al, Owner; Oberkamper & Assoc., Rep.; Peter and Kathleen Lambert and Bill McCluskey, Appellants; AP 12-161-10 (Pl) - File 5-1-310 6. Resolution of Appreciation for Anne Moore, Planning Director, 10 Years' Service (CM) - File 102 x 10-2 7. Status Report on Sale of 335 Forbes Avenue (RA) - File 2-7 x 2-5-18 8. Resolution Amending Master Fee Schedule (Resolution No. 7553) - Section 9. "Specific Business License Taxes" Creating New Rate for Realtors, Revising Rates for Boarding Houses and Rooming Houses and Establishing Category for Home Occupation Businesses With Gross Receipts of $10,000 or Less and Creating a Uniform Fee for Duplicate Licenses, Name Change, Ownership Change or Address Change (Fin) - File 9-10-2 x 9-10 RESOLUTION NO. 7846 - DENYING AN APPEAL OF THE PLANNING COM- MISSION ACTION TO CONDITIONALLY APPROVE TS87-4, A TENTATIVE MAP FOR A FIVE LOT SUBDIVISION OF 1.43 ACRES AT 21 MADRONA STREET (Turrini Subdivision) RESOLUTION NO. 7847 - RESOLUTION OF APPRECIATION TO ANNE MOORE, PLANNING DIRECTOR Accepted report indicating high bid of $202,650 from Gerry K. Robertson of Sausalito, CA. RESOLUTION NO. 7848 - AMENDING RESOLUTION NO. 7553 TO REVISE THE MASTER FEE SCHEDULE "SECTION 9, SPECIFIC BUSINESS LICENSE TAXES" SRCC MINUTES (Regular) 10/17/88 Page 1 a SRCC MINUTES (Regular 10/17/88 Page 2 9. Authorization to Apply to the In- RESOLUTION NO. 7849 - AUTHORIZING stitute of Museum Services for a STAFF TO APPLY TO THE INSTITUTE Grant to Support Falkirk Programs FOR MUSEUM SERVICES FOR A GRANT (Lib/Cult.Affs) - File 202 x TO SUPPORT FALKIRK PROGRAMS 9-3-84 10. Request for Street Closure - Approved staff recommendation, Mission Avenue Between "C" and "E" subject to final review by City Streets, Sunday, October 30, 1988, Manager. From 12:00 Noon to 4:00 PM for Falkirk Repainting Project Fund Raising Event (PD) - File 11-19 11. Claim for Damages: Approved City Attorney's recom- mendation for denial of claim. Lorie C. Lane (PD) Claim No. 3-1-1360 AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 3. BID OPENING AND AWARD OF CONTRACT - 598 FAIRHILLS DRIVE DRAINAGE IMPROVE- MENT - 1988 (PW) - File 4-1-422 Mayor Mulryan questioned the disparity in the bids, not only in the labor figures but also the materials. Public Works Director Bernardi explained that this will sometimes happen when a bidder is not really interested in getting a specific job. Councilmember Boro mentioned that it is helpful to receive the bid summary and would like it to be done in the future, since it gives a clear picture and points up variations in prices of materials. Councilmember Thayer asked if the City has had experience with MTL, the low bidder, and Bernardi replied that there has never been a problem with the quality of their work. Councilmember Boro moved and Councilmember Frugoli seconded, to accept the staff report and adopt the Resolution awarding the contract to MTL Construction at the low bid of $14,340.00. RESOLUTION NO. 7850 - RESOLUTION OF AWARD OF CONTRACT FOR 598 FAIRHILLS DRIVE DRAINAGE IMPROVEMENTS - 1988, Project No. 001-21501258000 (To MTL Construction, low bidder, in amount of $14,340.00) AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 4. APPROVAL OF PARCEL MAP, LOT 5B (PORTION OF SMITH RANCH HILLS) - SILVEIRA PARKWAY AND McINNIS PARK APARTMENTS (PW) - File 5-1-290 Councilmember Frugoli requested that the City send a letter to the County of Marin, requesting they tone down the large sign calling attention to the Honor Farm, since it intrudes on the apartments. Councilmember Frugoli then moved and Councilmember Boro seconded, to adopt the Resolution approving the Parcel Map of Lot 5b, Portion of Smith Ranch Hills. RESOLUTION NO. 7851 - APPROVING PARCEL MAP OF LOT 5B (PORTION OF SMITH RANCH HILLS) - SILVEIRA PARKWAY AND McINNIS PARK APARTMENTS AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC MINUTES (Regular) 10/17/88 Page 2 SRCC MINUTES (Regular 10/17/88 Page 3 12. PUBLIC HEARING - P88-5 - PRIORITY PROJECTS PROCEDURE (Pl) - File 115 Mayor Mulryan declared the public hearing opened. He announced that although he had not been present at the previous public hearing on this subject he had listened to the tape (and reviewed the staff report). Principal Planner Curt Johnston briefed the staff report, indicating that the staff recommendation to the Council was to certify the Negative Declaration, and also to adopt the Resolution approving the Priority Projects Procedure. Mr. Johnston noted that staff had addressed concerns the Council had mentioned at the previous public hearing, including the fact that four of the projects discussed at the meeting, the Spinnaker -on -the -Bay, Canalways, Regency II and the Daphne-Bacciocco projects, are currently not consistent with the General Plan. He added that staff has met with representatives of each of these projects and they are working toward that goal. However, at this point they are inconsistent. Other items addressed in the staff report are the two-tier procedure, the Fair Share Housing, and the traffic implications of all of the projects being proposed, particularly the ten which were pending at the time of the General Plan adoption. Mr. Johnston pointed out that, with regard to fair share housing, that could affect Spinnaker -on -the -Bay, Canalways and Daphne-Bacciocco which, with 15% affordable housing, could be considered high priority. Other projects could be considered high priority by virtue of "high tech" generating uses; for example, Bayview Business Park depending on the tenant, as well as Building "H" which came in recently and was approved. It appears at this point that the Dexter project may be exempt because of less than one critical move; expansion of The Customer Company at 141 Bellam could possibly qualify for high priority based on needed neighborhood -serving use; the Kaiser project could be considered exempt for health and safety reasons, or could be deemed a Special Priority Project for health and safety or community needs reasons. Mr. Johnston stated that two projects in question are 1555 Francisco Blvd. East, the Nolan project which was approved by the Planning Commission recently, and the Regency Center II project which is now inconsistent with the General Plan but is being revised. Mr. Johnston said that with respect to traffic impact of each one of the proposals, he would like to call attention to a memo from John Rumsey, the City's Traffic Engineer, in which he stated that the timing of improvements at the Bellam interchange is roughly six years from now and that the current capacity leaves 58 critical moves available to mid Level of Service (LOS) D. He has estimated 25 critical moves for an allowance for exempt projects. Mr. Johnston pointed out that Mr. Rumsey has estimated that all of the Tier I projects will exceed mid LOS D by 181 critical moves. He added that other possible projects such as the San Marin Lumber (Golden State) site, Shoreline Industrial Park and Orchard Supply project, would take Level of Service down to F. Mr. Rumsey's memo further stated, with regard to Freitas Interchange, the timing of the Merrydale Overcrossing is about two years, and that there are 86 critical moves available. Mr. Johnston pointed out that all Tier I projects would exceed mid LOS D, but that would only be for one or two years, until the Merrydale Overcrossing could be con- structed. With respect to the 86 figure, Mr. Johnston pointed out that the Costco project takes 143 critical moves. Accordingly, Council would have to find that the Costco project is significant enough to allow the LOS to temporarily drop to the bottom of LOS D. With respect to the Lucas Valley Interchange, Mr. Johnston noted that the time frame for construction completion is 3 to 5 years, and the remaining capacity is 133 critical moves. Mr. Johnston pointed out Mr. Rumsey's remark that the major unknowns affecting this interchange are the timing of developments on County property or within County jurisdiction, such as the relocation of Lucas facilities to the Luiz - Grady Ranch. Mr. Johnston added that unknowns within the City's juris- diction are the Ross Hospital property and Marin Ranch Airport. SRCC MINUTES (Regular) 10/17/88 Page 3 SRCC MINUTES (Regular 10/17/88 Page 4 Mr. Johnston then explained graphics illustrating time lines for pro- cessing of Priority Projects as outlined in the proposed Resolution. He stated that ten days from today they would notify all the potential property owners and applicants of the fact that they have the ability to submit an application for PPP. There would be the 30 day deadlline, and then there would be built into the process 45 days for staff review, and the 45 days would occur up to January 13, 1989. At that point there would be a notice for a Planning Commission meeting. The Com- mission would have about 30 days, or three weeks as it has been con- densed. The 30 days is in case the Commission should take additional time. Council is also allocated 30 days, from February 7th when the Commission finishes their deliberations, to March 7th. It would be dependent upon the City Council to complete their deliberations as soon as possible. Mr. Johnston stated that it would be about the end of March by the time Phase I, or Tier I, was completed. Mr. Johnston pointed out it is significant to note that with the projects they have they can keep to this schedule and it is "doable". Mr. Johnston referred to Mr. Jay Paxton's time frame proposal, in which the entire process would take much less time, but does not meet the objective of avoiding a "first come, first served" basis. Mayor Mulryan asked for clarification as to references to single tier or two tier process. City Manager Nicolai explained that the top line of the graphic discussed is the single tier, fast track process. The second line is Mr. Paxton's proposal for a two-tier process. She stated if they start thinking about two tiers, from staff's point of view the first time line at the top, which would actually become Tier II, would have to be extended during the period of staff analysis, primarily because under Mr. Paxton's proposal, the critical time for Planning Commission and City Council review occurs at the same time as all the other projects are coming in for staff review. For that reason, a two to three week extension on the staff review of the second tier would be necessary, which would mean it would be wrapped up the middle of April rather than the beginning of March for the second tier. Mr. Johnston added that under Mr. Paxton's proposal they would be reviewing in a short time frame only the projects which were complete before the General Plan was adopted. He pointed out that would not allow staff to do the more objective review which may be in the best interests of the City, to see all potential projects. Mr. Johnston added that the two-tier proposal appears to have certain benefits for a project like Costco; however, the concern would be about the impact on other high priority projects which have yet to be submitted. He pointed out that projects like the Shoreline Auto Center, the Marin Honda project and the Golden State Lumber project and the like would, in essence, be prohibited from submitting an ap- plication for Tier I. Mr. Johnston pointed out that if the ten-day submittal deadline as recommended by Mr. Paxton is used, the projects which are being revised to be consistnt with the General Plan may not be able to make the deadline. Mr. Johnston stated that the short time frames suggested would not allow staff or the public time for adequate review. Mr. Johnston stated that under Mr. Paxton's proposal you have Planning Commission meetings and City Council meetings occurring in December during the same time frame, under the Two Tier plan. He pointed out that, should the Council decide on the Two Tier approach, staff would recommend extending the staff analysis period beyond the beginning point in December so that when staff is going to Planning Commission and City Council they are not also trying to review all other applica- tions which have been submitted. Mayor Mulryan stated that as he understands it, if the Two Tier system is used, by the time they would get to the end of Tier Two it would be April or May. Mr. Johnston stated that is correct. Councilmember Thayer stated that the single tier would be preferable, that the Two Tier would impact the level of staff analysis. SRCC MINUTES (Regular) 10/17/88 Page 4 SRCC MINUTES (Regular 10/17/88 Page 5 Councilmember Frugoli stated that there are developers who have been working on projects for many years and because of the General Plan they had to change their plans, now they would be told they have to go in with all of the other projects. He felt the older projects should at least be looked at to see if they are of benefit to the City. City Manager Nicolai mentioned that some of the developers could not even meet the time frame, and it would not benefit some of the ones the City would like to help. She also pointed out the impending Holidays which is the reason for the tightest possible time frame. Councilmember Boro mentioned that with the one tier approach they would be avoiding the "first come, first served". He stated that if the process is started tomorrow, and the Planning Commission will have as many meetings in February as it would take and then the Council could do the same, it should work well. Councilmember Thayer stated she is leaning in the direction proposed by staff. She stated that if the Council should choose projects best for the City, they could not do that if they called out certain projects to begin with. Mayor Mulryan asked for public comment. Rick Wood of Pixar addressed the Council, stating that his company is a high tech graphics computer firm, and they would like to stay in San Rafael. They need about 50,000 square feet in San Rafael by the end of 1989. They would like to be within the Priority Projects Procedure. He stated their employees live in Marin and that they pay better than average salaries. They would like to get their permits the beginning of April. Mayor Mulryan asked staff how this type of firm fits into the process. City Attorney Gary Ragghianti stated that certain projects such as those which contain significant amounts of affordable housing, high tax generating uses, and neighborhood serving uses, as defined in the General Plan, would be given priorities. He stated he did not know how an individual project such as this would fit into any one of those priority categories. Mr. Ragghianti stated that he believes there is additional language in the Plan which permits the Council to add to that list. He suggested that perhaps the high tax generating uses would be the one that this project could fit into. Mayor Mulryan stated that he feels the Council should recognize the types of businesses which have become so important to San Rafael, such as (Industrial) Light and Magic, Pixar and the various software organizations. Councilmember Frugoli added that the Bayview Business Park was an approved project prior to the inconsistencies, and had its allocation of trips. He pointed out that they are far below their allocation of trips and he feels those trips should be given to someone who would be an advantage to the City. Councilmember Boro mentioned that during the General Plan proces Council had attempted to get a specific proviso in the Plan to address the kind of industry which would allow people to afford to live in San Rafael. Traffic Engineer Rumsey addressed the Council, stating that with regard to Bayview Business Park they did use average trip generation rate, and they felt all along that was the best thing to do because there is no way of knowing who is going to be in that building (Bldg. H). Councilmember Boro recalled discussion about no capacity going with the building, that there would be agreement up front about the amount of traffic the building would generate, and he recommended an agreement with the property owner, not the tenant, for some sort of long-term guarantee for that site. SRCC MINUTES (Regular) 10/17/88 Page 5 SRCC MINUTES (Regular 10/17/88 Page 6 Mayor Mulryan asked Larr Tolomei of Bayview Business Park if he could confirm that, and Mr. ToTomei stated they have tenants who are signing up for from five to ten year leases, and he is willing to accept the restriction on the site. He added that if, for whatever reason, they are not there for the term of their lease, it would be replaced with a similar user, so the traffic impact would not change. He mentioned that the Council was discussing average use, and actually the people filling their buildings are below that average so they are not actually filling the trip allocations. He feels there is a pool there which is untapped, and that low traffic generators such as Pixar broadens the pool and leaves more in there for other users in the area. Mr. Tolomei mentioned he also represents Orchard Supply. Next to address the Council was Joe Bellows, architect for Kaiser Hospital, who pointed out that they are requesting they be categorically exempt from the Priority Projects Procedure, but they are not requesting exemption from any planning or design reviews which are normal for such projects. He stated that their Master Plan application of July 1987 has been followed by many requests for additional information. They feel that their plan is well within the confines of the General Plan 2000, and they are preparing a model of their project. He stated they are relocating the parking garage and medical offices at the request of the Terra Linda Homeowners Association, and will have an EIR on traffic. They are requesting exemption on the basis of being an acute care medical services facility, under health and welfare. Mr. Johnston stated that the project would be exempt in its present form. Councilmember Thayer agreed that this should be so, and added there is a possibility that the Ross Hospital site may be utilized as a special care facility, and she would like to see special wording regard- ing the Kaiser exemption. Mayor Mulryan responded that he felt the more general wording was better. Mr. Quentin Cook of California Health Care Systems, stated they should come in under a health and welfare exemption regarding the former Ross Hospital site now being considered by Marin General Hospital. Mayor Mulryan asked what they intend to do with that site, and Mr. Cook responded they are working on ideas and that a Cancer Center is one being contemplated. He pointed out that Ross Hospital already had geological and soils testing done. He feels they should be granted the same exemption as Kaiser Hospital. Councilmember Thayer pointed out that because a project is exempted it does not mean that it does not have to meet the traffic mitigation regarding the levels of service. Councilmember Boro agreed, stating that a particular medical service could have serious impact on levels of service and such projects must be treated on a case-by-case basis. Neil Sorensen of Spinnaker -on -the -Bay addressed the Council, stating it is his understanding that the projects the Council would allow to be submitted under the two-tier process would be the ten mentioned in the staff report. Mr. Johnston affirmed this, adding it would be to the extent that they are revised for consistency with the General Plan. Mr. Sorensen then inquired about revising the first sentence in Section 4.0 of the Alternative Two Tier Procedure, and Mr. Johnston stated it would be revised to read..."Planning staff shall notify each applicant with a complete planning permit application which waspending at the time of adoption of the San Rafael General Plan" and the words "con- sistent with the General Plan" would be removed. Mr. Sorensen then urged the Council to consider the Two Tier approach, and added that Spinnaker -on -the -Bay will be submitting a plan within the next week for a 240 unit project with at least 15% below market rate, perhaps more, which will be consistent with the General Plan. SRCC MINUTES (Regular) 10/17/88 Page 6 SRCC MINUTES (Regular. 10/17/88 Page 7 Edith McKenna representing Daphne/Bacciocco, spoke in favor of the Two Tier procedure, stating she thinks they can speed up their process and submit their plans within two weeks. Mayor Mulryan stated they are considering a One Tier speeded up pro- cedure which would work. There being no further input, Mayor Mulryan closed the public hearing. Councilmember Frugoli spoke again in favor of the Two Tier approach and Mayor Mulryan cited staff's preference for the One Tier procedure. Councilmember Frugoli pointed out that by considering the projects it does not mean they will be accepted, and if they are not, they would go back with the others. Councilmember Boro spoke in favor of the One Tier approach recommended by staff. He inquired about the projection for the Merrydale Over - crossing and when the traffic improvements would come on line. Public Works Director Bernardi replied that the plans are 45% complete, and the next step will be checking and approvals at State level. They expect calls for bids next Spring and the project should take one year, which would bring it to April or May of 1990. City Manager Nicolai stated that she feels the traffic limits on a specific building should be in perpetuity and not for the duration of the lease. She also stated there should be a way to define a category for the high tech projects and that type of industry which is so important to San Rafael. City Attorney Ragghianti pointed out that if the Council is going to adopt the Priority Projects Procedure, the certification of the Negative Declaration should precede it. Councilmember Frugoli stated that with regard to Bellam Boulevard, there is no way of knowing about traffic impacts five or ten years from now, so the agreements with owners of buildings should read, "in perpetuity, or until..." in other words, "either/or". Council agreed, as did City Manager Nicolai. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution Certifying a Negative Declaration for the Priority Projects Procedure. RESOLUTION NO. 7852 - CERTIFYING A NEGATIVE DECLARATION FOR THE PRIORITY PROJECTS PROCEDURE. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution as recommended by staff, adopting the Priority Projects Procedure. RESOLUTION NO. 7853 - ESTABLISHING PRIORITY PROJECTS PROCEDURE IMPLE- MENTING SAN RAFAEL GENERAL PLAN 2000 AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Breiner 13. PUBLIC HEARING - VACATION OF PORTIONS OF EXISTING DRAINAGE EASEMENT - PEACOCK GAP NEIGHBORHOOD 1-B (PW) - File 5-1-296 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council, stating that on September 19, 1988 the Council adopted a resolution of intention to vacate portions of a drainage easement which presently encumbers Lots 4 and 5 in the Peacock Gap Neighborhood 1-B Subdivision. The existing drainage easement was conveyed to the City in 1985 as part of the subdivision improvements, and used as a temporary silting basin for SRCC MINUTES (Regular) 10/17/88 Page 7 SRCC MINUTES (Regular 10/17/88 Page 8 soil erosion control during construction of improvements. These improve- ments have now been completed. Mr. Bernardi also pointed out that this action will unencumber the property and make it more marketable. There was no public input. Mayor Mulryan closed the public hearing. Concilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 7854 - ORDERING CLOSING, ABANDONING AND VACATING PORTIONS OF EXISTING DRAINAGE EASEMENT, LOTS 4 AND 5, PEACOCK GAP NEIGHBORHOOD 1-B AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner There being no further business, the meeting was adjourned at 9:10 PM. JEAN M. LEONCINI,NCity Clerk APPROVED THIS DAY OF 1988 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/17/88 Page 8