HomeMy WebLinkAboutCC Minutes 1985-08-19SRCC MINUTES (Regular) 8/19/85 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, August 19,
1985, at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS
85-17(a), No. 1 - James & Marguerite Moriarty v. City of San Rafael, et
al.
85-17(b), No. 1 - A Woman's Place, et al v. City of San Rafael, et al.
No action taken.
In the Council Chambers of the City of San Rafael, Monday, August 19, 1985,
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: None
Also Present: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk;
Gary T. Ragghianti, City Attorney
INTRODUCTION OF NEW CITY TRAFFIC ENGINEER (PW) - File 9-3-40
Mayor Mulryan welcomed John Rumsey, new City Traffic Engineer, Public Works
Department.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following consent calendar items:
Item
Recommended Action
2. Approval of Minutes of Special Approved as submitted.
Joint Meeting with Redevelopment
Agency of July 15, 1985 and
Special and Regular Meetings of
August 5, 1985 (CC)
3. Change in Meeting Date to Approved staff recommendation.
Tuesday, September 3, 1985, Due
to Labor Day Holiday on Monday,
September 2., 1985 (CC) -
File 9-1
4. Revision to Federal Aid Urban RESOLUTION NO. 7161 - RESOLUTION
System (Extension of Merrydale DESIGNATING CERTAIN ROADS TO BE IN THE
Road to Civic Center Drive) (PW)- FEDERAL -AID URBAN SYSTEM -EXTENSION OF
File 11-16 x 9-3-40 MERRYDALE ROAD TO CIVIC CENTER DRIVE
5. Statement of Disclosure -
Planning Commissioner
Suzanne M. Scott (CC) -
File 9-4-3 x 9-4-4
6. Resolution of Appreciation for
Elaine Spillane, Executive Vice -
President, San Rafael Chamber
of Commerce (CM) - File 102 x 119
8. Resolution of Findings Re Appeal
of Handicapped Access Require-
ments - 357 Third Street (Rafael
Yogurt) - File 13-1-1
Accepted report.
RESOLUTION NO. 7162 - RESOLUTION
OF APPRECIATION TO ELAINE SPILLANE
FOR SERVICE AS EXECUTIVE VICE-
PRESIDENT FOR THE SAN RAFAEL CHAMBER
OF COMMERCE SINCE JULY 1982
RESOLUTION NO. 7163 - RESOLUTION
OF THE CITY COUNCIL (IN ITS CAPACITY
AS BOARD OF APPEALS) GRANTING APPEAL
FROM STATE ACCESS REQUIREMENTS -
357 THIRD STREET (Rafael Yogurt)
SRCC MINUTES (Regular) 8/19/85 Page 1
SRCC MINUTES (Regulars 8/19/85 Page 2
9. Resolution Authorizing Mayor to
Execute Bay Conservation and
Development Committee (BCDC)
Application for Levee Repair
at Pickleweed Park (PW) -
File 12-5 x 2-1-55
RESOLUTION NO. 7164 - RESOLUTION
AUTHORIZING EXECUTION OF APPLICATIONS
FOR PERMITS FROM BAY CONSERVATION AND
DEVELOPMENT COMMISSION TO REPAIR
LEVEES (at Pickleweed Park) (including
any future BCDC Permit applications
for related Levee Repair work; Staff
authorized to call for bids for
repair of the levee at Pickleweed Park
upon receipt of Permit approval from
BCDC.)
11. Extension of Time - Dominican RESOLUTION NO. 7165 - RESOLUTION
Estates Subdivision (PW) - EXTENDING TIME FOR THE COMPLETION OF
File 5-1-259 IMPROVEMENT WORK IN DOMINICAN ESTATES
SUBDIVISION, SAN RAFAEL, CALIFORNIA
(between City of San Rafael and F.E.W.
Investments, as Subdivider, to August
19, 1986)
12. Adoption of Resolution Approving RESOLUTION NO. 7166 - RESOLUTION
Memorandum of Understanding for AMENDING RESOLUTION NO. 6650 PERTAIN -
Fire Department Personnel (CM) - ING TO THE COMPENSATION AND WORKING
File 7-8-2 x 9-3-31 CONDITIONS FOR FIRE DEPARTMENT
PERSONNEL (AND APPROVING MEMORANDUM OF
UNDERSTANDING)
13. Legislation Affecting San Rafael
(CM) - File 9-1
14. Claims for Damages:
b. Mary Ann Hansen (PW) -
File 3-1-994
c. William & Alice Paganini
(PW) - File 3-1-995
d. Gregory Pickford (PD) -
File 3-1-999
Approved staff recommendations on
the following:
Sudort AB 606, (Davis) Missing
Children's Act of 1985;
Support AB 1120 (Davis) Presumptive
Imprisonment for Use of Minors to
Manufacture or Sell Narcotics;
Support AB 1862 (Davis) "Rock Houses";
Support SB 806 (Presley) Community
Parklands Program: Bond Issue;
Oppose SB 969 (Robbins) Payment of
Punitive Damages (and request amend-
ments);
Support AB 2185 (M. Waters) Prepara-
tion of Business Plans for Response
to Hazardous Materials Incidents;
Oppose AB 1456 (Clute) Eligibility of
Fairs for Parks and Recreation
Funding;
Oppose AB 1427 (Costa) Prohibition of
Transient Occupancy Tax on State Park
RV and Camping Spaces.
Approved Insurance Consulting
Associates, Inc. recommendations for
Denial of Claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli (from voting on the Regular Minutes
of August 5, 1985 only, due to absence.)
7. RESOLUTIONS ESTABLISHING WORK PERIODS IN COMPLIANCE OF THE FAIR LABOR
STANDARDS ACT (FLSA) FOR POLICE, FIRE AND MISCELLANEOUS EMPLOYEES (CM) -
File 7-8-3 x 7-8-2 x 7-8
Mayor Mulryan inquired of staff
of the Fair Labor Standards Act
adopted.
SRCC MINUTES (Regular) 8/19/85
whether the City would be in violation
financially if the resolutions were
Page 2
SRCC MINUTES (Regular) 8/19/85 Page 3
Assistant City Manager Nicolai stated that the resolutions set the work
period allowing for computation of overtime based on the regulations of
the Fair Labor Standards Act. It does not automatically mean that the
City is not in violation of some rules and regulations. Implementation
of some of the regulations would be on the meet and confer items,
because of conflicts with some conditions in the MOUs. The resolutions
are a start in working out the numbers.
RESOLUTION NO. 7167 - RESOLUTION ESTABLISHING A SEVEN DAY WORK PERIOD
FOR MISCELLANEOUS EMPLOYEES FOR PURPOSES OF
COMPLIANCE WITH FLSA GUIDELINES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7168 - RESOLUTION ESTABLISHING A TWENTY-SEVEN DAY WORK
PERIOD FOR FIRE PROTECTION EMPLOYEES FOR PURPOSES
OF COMPLIANCE WITH FLSA
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7169 - RESOLUTION ESTABLISHING A TWENTY-EIGHT DAY WORK
PERIOD FOR LAW ENFORCEMENT EMPLOYEES FOR PURPOSES
OF COMPLIANCE WITH FLSA GUIDELINES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REQUEST TO WAIVE FORMAL BID PROCESS FOR THE REPLASTERING OF THE TERRA
LINDA POOL (PW) - File 4-1-389
Councilmember Russom inquired as to when the work on the pool would
begin and low long it would be closed.
Assistant Public Works Director Strom indicated that it would take
approximately three weeks to do the work, and depending on the weather,
reopening of the pool would be in October.
Councilmember Breiner commented on a letter received from Mr. Edward
Patterson who was concerned about the upgrading of the showers, rooms
and pool. Mayor Mulryan informed Council that Recreation Director
Sharon McNamee had replied to Mr. Patterson's letter, and that a copy
would be given to the Councilmembers for their information.
Councilmember Russom moved and Councilmember Nave seconded, to approve
the staff recommendation authorizing staff to obtain informal bids for
the Terra Linda Recreation Center Pool Replastering at the earliest
possible date and waive the formal bid process.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. CLAIMS FOR DAMAGES: a. ANTHONY HOUSE/INDUSTRIAL INDEMNITY (PW) -
File 3-1-978
Mayor Mulryan questioned the claim that was brought to the attention of
the Central Marin Sanitation Agency (CMSA) who denied the claim, and
asked if the City still had rights over CMSA. City Attorney Ragghianti
stated that it is possible for the City to file a claim against CMSA for
equitable indemnity. Councilmember Breiner was concerned about the pump
giving problems in the future causing lawsuits. Mayor Mulryan indicated
that this could happen unless action is taken by the City, and that the
sanitation district should budget this for upgrading. Councilmember
Frugoli indicated that this problem is presently being worked on.
SRCC MINUTES (Regular) 8/19/85 Page 3
SRCC MINUTES (Regular) 8/19/85 Page 4
Councilmember Nave moved and Councilmember Russom seconded, to approve
Insurance Consultants, Inc. recommendationfor denial of claim.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - P82-11 & Z82-15; AMENDMENT TO URBAN DESIGN AND
DEVELOPMENT POLICY STATEMENT FOR EAST SAN RAFAEL AND ZONE CHANGE FOR
SPINNAKER ON THE BAY MASTER PLAN; BELLAN & CATALINA BOULEVARDS;
HENDRICKS-HORNE, OWNERS AND REPS.; AP 9-010-17, 18, 19, 20 & 21; 9-100-
01, 04 & 05; & 9-142-13, 24, 26 & 53 (P1) - File 10-3 x 5-1-292 x 191
Mayor Mulryan declared the public hearing opened.
Planning Director Moore thanked the developers who have made significant
changes which made the project environmentally more sensitive.
Ms. Moore stated that the Planning Commission's action and
recommendation on traffic caused changes to the staff report
whereby it was recommended that the issuance of building permits would
depend on findings that there would be funding of any transportation
improvements to maintain reasonable levels of service. The Applicant
asked not to have phasing or timing constraints in relation to traffic
imposed on the project because of the City's need for housing. In
response, the Planning Commission determined that a first phase of
development, approximately 180 units, could proceed irrespective of the
timing of transportation improvements or the level of traffic service,
if all permits were secured one year from the zoning approval. Staff
assessed the implications of the additional 180 residential units. The
staff report is a status of what is going on in East San Rafael, given
approved projects and approved funding for interim transportation
improvements. On paper, staff has granted approvals to projects through
Level of Service E, including interim construction improvements at the
Bellam interchange previously approved.
Mayor Mulryan asked for clarification from staff, that the Planning
Commission and staff were recommending to Council that Phase I be
approved, and that approval of subsequent phases is conditioned upon
funding to keep Level of Service E. Ms. Moore replied affirmatively,
indicating that the mitigation fees would be collected at the time of
issuance of building permits.
In response to a question from Councilmember Nave on the capacity of
permits allocated, Ms. Moore responded by stating that it would be an
alternative approach, and pointed to the list of 26 approved projects of
which 15 are already occupied and several under construction. She
indicated there are some large projects where the City has some
discretion left to choose a new program where there would be an added
level of review at the time of issuance of building permits.
Associate Planner Jensen gave background on the Spinnaker on the Bay
project from its first inception in 1982, covering Zone Changes, Urban
Design Policy Statements, and Environmental Impacts. He stated that
three major issues were considered by the Planning Commission; 1)
Affordable Housing Density; 2) Setbacks from the Lagoon and Wetland
Aeas; 3) Traffic.
Richard Tarrant, Attorney for Applicants, addressed issues he felt were
unresolved between staff and his clients. 1) Setback on the lagoon area
- Applicant from the early stages of the project, compromised having the
setback at 50 feet, not 75 feet, and asked that this become a
requirement. 2) Service levels acceptable to the City - that Service
Level E be reflected in the Minutes as acceptable to the City. 3)
Affordable housing commitment - If there is no source of funds to
subsidize the housing, their commitment would be 25 percent of the units
in excess of 15 units. 4) Bayfront Park - Questions the timing element
to pave a path there. 5) In -Lieu Park Fees - Requests full credit
against any In -Lieu Park Fees for the value of lands for public park and
recreation use as well as costs of all improvements to these areas
including dedication and costs of improvement of public access path from
end of Bellam Boulevard to the Shoreline Band Park. 6) Exceptions to
the Condominium Ordinance - Wants commitment from Council of what Mr.
Tarrant believes is consistent in the Housing Element, that in projects
SRCC MINUTES (Regular) 8/19/85 Page 4
SRCC MINUTES (Regular) 8/19/85 Page 5
such as this one that provide potential of achieving its objectives,
that a commitment be made, that some of the rigid ordinance requirements
give way to accomplish its purpose. Mr. Tarrant stated that the biggest
problem the project would face would be the parking requirements of the
Condominium Ordinance, and that objectives should be modified to
accomplish the housing goals.
Mr. Tarrant referred to Bellam Boulevard stating that this project
should subsidize the development of the adjacent City owned property,
and asked Council to preserve the discretion to determine the issues and
facts at a later date when the use of that property is known. He also
referred to the cost contribution.
Councilmember Breiner corrected Mr. Tarrant's comment on traffic
restrictions on Level of Service E, stating that it is the City's policy
to maintain a Level of Service D as opposed to E.
Councilmember Russom wanted clarification on issues presented by Mr.
Tarrant on the conditions of the project made by the Planning
Commission, asking if this was an appeal to the Planning Commission's
conditions. Ms. Moore stated that the Planning Commission is only a
recommending body who forwarded the zone change with performance
standards of which Mr. Tarrant was requesting that Council modify so
they would differ from the recommendations by the Planning Commission.
If the Council chose to make the modifications, it could be done without
the project going back to the Planning Commission.
Mr. Ralph Crocker, a resident of Spinnaker Point, spoke in opposition to
the Spinnaker Development's high density.
Ms. Bonnie Marks, President of the Board of Canal Community Alliance,
spoke on the density of the project, stating they favored 20 dwelling
units per acre in exchange for 20 percent affordable units.
Mr. Richard Berger, Planning Development Specialist for the Canal
Community Alliance, presented their recommendations on the project, and
submitted a table on affordable housing, stating that he had previously
communicated verbally, his submittal with the developers and staff. The
following changes are: Exhibit A - Page 6 under (i) Land Use - Proposes
changing the heading to read (i) "Land Use - Housing Element (Affordable
Housing)"; Page 6 (i) 2. - Proposes changing of second sentence, - "If
the density for any phase is greater than 15 dwelling units per acre, a
minimum of 50% (change from 30%) of the increment of density over 15
dwelling units per acre be affordable to medium income households." Mr.
Berger indicated that this would achieve the overall 20% affordable
housing at maximum density. Mr. Berger continued, stating that prior
to the issuance of the first Design Review use permits, an affordable
package agreement should be submitted to the City for review, and Canal
Community Alliance adds "and approval by the City Council". Also, for
clarity, that "the designated BMR units shall include a prorata share of
each size and type of the unit built and provided in each phase unless
the Council approves in writing, a different mix". Page 6 (i) - add 3.
"To provide flexibility in the Affordable Housing package agreement" -
this is recommended because when the actual number of units are decided
upon, that an inclusionary 10%, or 20% of actual units may not actually
be serving the people they are trying to serve. The actual language is
"That the Affordable Housing package agreement shall demonstrate.
consistency with the City's adopted Housing Element, and consistency
may be demonstrated by (a) providing In -Lieu Funds to the City's Housing
Fund which is programmed a.2, page 77 of the Housing Element, and funds
are to be reserved for use in Neighborhood 30; (b) Participation in
Redevelopment Agency Powers, programmed a.9, Page 79 of the Housing
Element that would benefit Neighborhood 30; (c) Acquisition of Rental
Housing, programmed b.7, benefiting Neighborhood 30; and participation
in Limited Equity Coop -conversions programmed c.3."
Mr. Don Dickenson, 337 Jewell Street, spoke on behalf of the Marin
Conservation League, complimenting the Applicant because of the
improvements made to the project within the past three years, and
indicated that they went out of their way to meet with various
interested parties who had concerns on the development. Mr. Dickenson
stated that the only issue they had is the proposed setback on the top
of the Wetland Area. He stated that the Planning Commission imposed a
75 foot setback from the waterline and that the Applicant requested that
SRCC MINUTES (Regular) 8/19/85 Page 5
SRCC MINUTES (Regular) 8/19/85 Page 6
this be reduced to 50 feet. The Marin Conservation League recommends
the setback to be 25 feet. Additional items that they felt should occur
are: (1) The setback Area be fenced and landscaped; in addition to the
fencing and landscape, that the top of the existing levee be maintained
in the Setback Area. (2) The planning within the setback area should be
designed to minimize visual intrusion from the unit. (3) That there be
a clear understanding of what cannot encroach within the setback. He
suggested that in Condition b.(3) - First line be revised to read,
"Buildings, patios, fenced yards, balconys, roof overhangs and other
architectural projections shall be set back at 25 feet from the top of
the bank at the 7 foot sea level line" and the rest of the paragraph
would remain the same. Condition f.(1) - Wording be changed "A minimum
setback of 25 feet from the top of the bank at the 7 foot sea level line
shall be provided to all buildings, patios, fenced yards, roof overhangs
and other architectural projections", and rest of sentence would remain
the same. Condition f.(2) - Two thirds of the page through the
Condition, that the following be inserted stating - "That the
landscaping within the setback area shall be designed to minimize visual
intrusion into the setback area from second level windows and balconys.
The portion of existing dyke which exists above the 7 foot mean sea
level elevation shall be retained in the screening berm and held in
Condition d.(1) which specifically states that all the drainage has to
go away from the lagoon."
Mr. Ralph Mihan, Chairman of the Park & Recreation Commission, addressed
points re the Shoreline Park and waiver of In -Lieu Fees, stating that
there should be a public park and funds to develop it, and requested
that the Council not deviate from the established policy and waive the
In -Lieu Fees.
Mr. Stan Ott, President of San Rafael Housing Corporation, commented
that the letter submitted by their office is in the same vein as the
Canal Community Alliance, and that they support their position.
Mr. Don Panyack, representative of the Marin Audubon Society, mentioned
that they too worked with the Applicant, and spoke on the wildlife
habitat for birds. They recommended that the 25 foot setback be changed
to measure from the top of the bank; that the present top of the levee
bank not be removed, but retained as a protective berm. In referring to
Conditions b(3), f(2) and f(1), these items should state that the
building phases in all architectural features, patios, balconys,
overhangs, eaves, decks, fireplace extensions, etc., are to be outside
or landward of the setback buffer and fence as defined above. The Marin
Audubon Society suppports the wording as stated by Mr. Don Dickenson.
Also, their Committee would like to be involved in the planning of the
planting of this area.
Ms. Moore explained that the Applicant proposed that the top of the berm
be removed, and that the staff found no objection to it. She stated
that there would be some visual and other buffering benefits to be
intergrated into the landscaped area. The 25 foot setback at the top of
the grade is consistent with the intent of the Planning Commission's
recommendation. Ms. Moore agreed that it would be easier to measure
that kind of setback, which would reduce mistakes in the field. In
general, Ms. Moore stated that the word changes and 25 foot setback are
consistent with the spirit and intent of the Planning Commission's
recommendation.
Mr.Ste-ph.en Kline, attorney, commented on the Development Standard g.3
related to traffic stating that it did not indicate Level of Service D,
but indicated Level E that would be the measure of future development in
this area. Mr. Kline indicated that if Council clearly wanted Level D,
the wording should be changed to reflect this. He also commented under
Phase 2 and Phase 3, that building permits not be issued until Council
makes a study of the traffic to make sure that Level D is complied with.
Mr. Bob Hoffmann, resident of Spinnaker Point and member of the Friends
of Spinnaker Board, indicated that the Council was circumventing the
Neighborhood planning process. Mr. Hoffmann stated that the traffic
element was not adequately addressed to support the project, and that
the project has too much density. He then suggested postponement until
all questions involving this project have been answered.
SRCC MINUTES (Regular) 8/19/85 Page 6
SRCC MINUTES (Regular) 8/19/85 Page 7
Mr. Don Foster, President of the Bahia de Rafael Homeowners'
Association, asked that the plan be deferred until the Neighborhood 30
Plan is approved.
Mr. Paul Silva of 35 Fairfax, stated his concerns were traffic in the
area and the density situation.
Mr. Steve Arrago, member of the Park & Recreation Commission, added
that in light of the problem which occurred under previous Shoreline
Park Band projects, he recommends that some form of Performance Bond be
required by the City to insure that projects of this nature are
completed in a timely and efficient manner.
Mayor Mulryan closed the public hearing.
Mayor Mulryan asked staff for clarification on the following:
1) What level of specificity should be addressed on setback? Ms. Moore
responded that this could be deferred.
2) Is the berm removal a design item or could it be addressed later?
Ms. Moore replied that this could be deferred to a later time.
3) Explanation on the mathematics on the affordable numbers of housing,
in exchange for providing 20% guaranteed affordable housing. Ms.
M000re responded that the zoning is proposed to allow up to the 20
units per acre overall density, but because staff does not have the
Design Review applications for review, staff does not know if that
can be achieved. It is fairly certain that the 15 units per acre
overall density can be achieved. Ms. Moore indicated that the tables
presented by Mr. Berger were helpful showing a sliding scale.
Mayor Mulryan inquired if 15 units per acre is achieved, what will the
obligation be to provide affordable housing? Ms. Moore answered that it
would be 10 percent.
Ms. Moore explained to Council that the whole package of the two
resolutions and the ordinance should be acted upon together, rather than
separately, and that the Rezoning Ordinance is of particular concern to
the Applicant.
Councilmember Russom indicated that while he supported affordable
housing, he was troubled by the Applicant's emphasis on the overriding
nature of providing affordable housing, and that it does not overide all
the policies and goals that the City has. On the other hand, he agrees
that this is an excellent project and gave credit to the developers who
have gone out of their way to work with the City's staff, but that there
is a real concern on the traffic situation.
Councilmember Frugoli spoke on the Applicant addressing the problems
well and agreed with the conditions on the setback and keeping Level of
Service D with the first Phase of 180 units, indicating that the traffic
situation was the most important concern.
Councilmember Nave indicated that this is a good project, and stated
that with the proper phasing, traffic should be able to be controlled.
Ms. Moore added that the Draft Neighborhood Plan is proposing
approximately 1000 new residential units in the neighborhood because the
City has done well in generating jobs as opposed to generating
residential units. Ms. Moore stated that this is another rationale in
giving this project consideration for the first phase of the
development.
Councilmember Breiner made the following recommendations: Under Exhibit
A - Developer's Standards, paragraph A - delete from the second
sentence, the words "at this time". Item b(3) be revised as suggested
by the Marin Conservation League. Item f(1) & f(2) be revised as
suggested by the Marin Conservation League on the wording given to
Council. Page 17 on The Report to the Mayor and City Council, referring
to Page 6, on the Exhibit, Paragraph 2, should have the wording revised
on the 20 percent ratio of units, and that the following sentence,
"Prior to issuance of the first use and Design Review permit an
Affordable Housing package shall be submitted to the City for its review
SRCC MINUTES (Regular) 8/19/85 Page 7
SRCC MINUTES (Regular) 8/19/85 Page 8
and approval, incorporating among other details, a method to insure
'affordable units' will continue to be so even upon resale.", and
incorporating the wording from Mr. Berger's handout, "designated BMR
units shall include a prorata share of each size and type of unit built
and provide in each phase unless the Council provides in writing, a
different mix". Page 4, 3.(a) under Phase I re Level of Service,
clarification should be made for Level of Service D.
Councilmember Russom commented that with the wording in the section re
Level of Service reading "to insure the Level of Service E with interim
improvements can be maintained", he would prefer having the word
"maintained" left out, and have it worded, so that there is a
recognition that it may temporarily drop to that level, but the City
wants to maintain Level of Service D.
Mayor Mulryan indicated to staff that they come back with information on
the following: 1) Techniques for traffic management. 2) Input
from staff on suggestions brought up by Councilmember Breiner, and the
people who spoke tonight on subjects that were new to staff.
Councilmember Breiner requested that the Applicant attempt to cut down
on the number of units in Phase I because of her concerns on traffic.
Councilmember Russom stated that he goes along with the Planning
Commission and staff on the majority of the conditions called for by the
Applicant, and that except for the setback area, he had no problem with
the staff's responses to those conditions.
Councilmember Frugoli indicated that once the City develops the property
on Bellam Boulevard, that the cost be borne by the new developers.
Councilmember Russom moved and Councilmember Breiner seconded, to have
the item brought back at the next meeting, with staff to come back with
the information discussed tonight.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. REPORT ON CALTRANS HIGHWAY 101 SOUND WALL CONSTRUCTION ADJACENT TO
STEVENS PLACE (PW) - File 11-16
Councilmember Frugoli stated that there is concern from the residents of
Stevens Place on the adjacent construction, whereby the sound wall was
supposed to extend to Mission Avenue but this was not done by CalTrans.
There are eight houses affected, and Councilmember Frugoli suggested
that the City ask CalTrans to extend the soundwall.
Assistant Public Works Director Strom stated that he did talk to
CalTrans personnel who outlined reasons why the extension was not done.
1) Stevens Place was outside the limits of the project and traffic was
not being moved closer to Stevens Place, and that under the
Environmental Statutes mitigation measures are not required. 2) Because
the traffic is up on the viaduct structure, in order for the sound wall
to be effective, it would have to be built so tall that it would be
impractical. 3) CalTrans maintains that in their public hearings they
did not specifically agree to put a sound wall in that area.
Mr. Strom indicated that he researched back files on the matter, and
found that the original study done in June 1981, did consider a 12 foot
sound wall running along Stevens Place. The Minutes of that meeting
reflect that CalTrans made no specific point that they would include the
area in the sound wall. In August 1982, the Council by resolution,
requested that CalTrans construct sound walls on both the East and West
sides of the freeway with limits that would include Stevens Place.
Mr. John Goff, a resident affected by the sound wall issue, stated that
he had spoken with the CalTrans Engineer who informed him that the noise
from the freeway could be eliminated by having a sound wall. On behalf
of the residents of Stevens Place, Mr. Goff commented that they cannot
use the front portion of their homes, sit in the living room, use the
front bedrooms or talk to anyone on the sidewalk because of the noise.
SRCC MINUTES (Regular) 8/19/85 Page 8
SRCC MINUTES (Regular) 8/19/85 Page 9
Mayor Mulryan informed Mr. Goff that Council would send a letter to the
State and asked that staff pursue the matter by making a formal inquiry
to CalTrans.
17. CONSIDERATION OF REQUEST FROM MARIN HOUSING CENTER FOR $10,000 DONATION
TO HELP FUND TRANSITIONAL HOUSING AND EMERGENCY SHELTER SERVICES (CM) -
File 8-5 x 13-16
(Councilmember Frugoli left the meeting)
Councilmember Russom stated that he received a letter from the Marin
Housing Center asking for a donation of $10,000 to help fund
transitional housing and emergency shelter srevices. Mr. Russom stated
that the Center does not treat people who have chronic housing problems
requiring continuous support. Their objective is to get people back
into the mainstream of housing by aiding them in their being able to
afford their rent or home. The money is to be used for operating
expenses to assist in the ongoing program and not for construction or
purchase of houses. Mr. Russom stated that the Board of Supervisors
approved the amount of $20,000 last month to the Center.
Mr. Wayne Wechsler, Executive Director for the Marin Housing Center
stated that letters were sent to the cities of Novato, Sausalito and
Mill Valley asking for their support in matching the $10,000 to be given
by the City of San Rafael.
Councilmember Russom moved and Councilmember Breiner seconded, to donate
$10,000 to the Marin Housing Center, with a letter to be sent to the
cities of Novato, Sausalito and Mill Valley asking them to match the
donation.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. SUN VALLEY OPEN SPACE: (CM) - File 4-13-69x 13-14-1 x 6-36
a. SECOND MODIFICATION TO JOINT POWERS AGREEMENT (JPA) BETWEEN THE MARIN
COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL
b. OPTION TO PURCHASE AGREEMENT BETWEEN CITY/COUNTY OPEN SPACE DISTRICT
AND WILLIAM & JUDITH MURPHY, AP 10-011-35
Assistant City Manager Nicolai stated that the two items, (a)
Modification to the Joint Powers Agreement extends the agreement from
October 1, 1985 to March 1, 1986, and includes working with the County
in developing an Open Space Development Plan, and (b) Option to Purchase
Agreement between City/County Open Space District and William and Judith
Murphy, which is required to enter into the Open Space District.
RESOLUTION NO. 7170 - RESOLUTION AUTHORIZING SIGNING OF AGREEMENT WITH
MARIN COUNTY OPEN SPACE DISTRICT RE SECOND
MODIFICATION TO THE JOINT POWERS AGREEMENT (term
extended for 6 months commencing 10/1/85 and
terminating 3/31/86)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
City Attorney Ragghianti recommended on the following Resolution that
the City enter into the Agreement on the condition that the lawsuit
filed by William T. and Judith Murphy against the City of San Rafael,
which is currently pending in the Marin County Superior Court, be
dismissed with prejudice upon the close of escrow in connection with the
acquisition of the property subject to the agreement. With that
specific addendum which the City Attorney would prepare and attach to
the Option to Purchase Agreement, City Attorney recommended that the
City enter into the Document.
Councilmember Russom moved and Councilmember Breiner seconded, to adopt
the Resolution Authorizing Signing of Option to Purchase Agreement
between William T. and Judith M. Murphy, Marin County Open Space
District and City of San Rafael Re Murphy Property - AP 10-011-35, with
the Addendum attached as recommended by the City Attorney.
SRCC MINUTES (Regular) 8/19/85 Page 9
SRCC MINUTES (Regular) 8/19/85 Page 10
RESOLUTION NO. 7171 - RESOLUTION AUTHORIZING SIGNING OF OPTION TO
PURCHASE AGREEMENT BETWEEN WILLIAM T. MURPHY AND
JUDITH M. MURPHY, MARIN COUNTY OPEN SPACE DISTRICT
AND CITY OF SAN RAFAEL RE MURPHY PROPERTY -AP 10-
011-35, (INCLUDING ADDENDUM THAT THE LAWSUIT FILED
AGAINST THE CITY OF SAN RAFAEL BY WILLIAM T. AND
JUDITH MURPHY, BE DISMISSED WITH PREJUDICE UPON
THE CLOSE OF ESCROW IN CONNECTION WITH THE
ACQUISITION OF THE PROPERTY SUBJECT TO THE
AGREEMENT.)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Marin County Supervisor Robert Roumiguiere brought an additional item to
the Council's attention, which the Marin County Board of Supervisors
would be taking up on August 20, 1985, and asked the Council to
authorize the Mayor to execute the Agreement for the Acquisition of a
Portion of Assessor's Parcel 10-011-06.
Councilmember Nave moved and Councilmember Russom seconded, to adopt a
Resolution Re Property - A.P. 10-011-06.
(Councilmember Frugoli returned to the meeting).
RESOLUTION NO. 7172 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
RE PROPERTY - A.P. 10-011-06
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1510 - AN ORDINANCE OF
THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF HAZARDOUS
MATERIALS (FD) - File 9-3-31
Mayor Mulryan asked if anyone wished to address this item. Mr. David
Marquart with the Airco Supply Company in San Rafael, spoke on the
Ordinance not reaching enough people who would be affected. He
commented that some of the information was not clear as to what the
desires and intentions are, such as the insurance liability and the
Ordinance fee. It was recommended that the Ordinance be put off for 30
days.
Fire Chief Marcucci stated that the County of Marin has compared the
proposed Ordinance with Ordinances from the cities of Sacramento, San
Francisco, Santa Clara and Santa Monica, with the result that the San
Rafael Ordinance is being considered as the model Ordinance for the
County; it was reviewed by professional people in the field as well.
In answer to the question of whether there is to be a permit fee or
not, Chief Marcucci indicated that the Council is the body who sets such
a fee. He also reiterated that for safety reasons, Fire Department
personnel need to know what hazardous materials are stored in buildings.
After discussion, Council suggested that other people wanting to discuss
the Ordinance submit their points in writing to Fire Chief Marcucci, get
together with concerned business people to meet with the Fire Chief or
City Attorney, then come back to the Council at the meeting of September
3, 1985.
20. REQUEST FOR CONSIDERATION OF A LATE APPEAL BY R.A.B. MOTORS RE
MODIFICATION OF ONE OF THE CONDITIONS OF APPROVAL (P1) -
FILE 10-7 X (SRRA) R-214
Planning Director Moore stated that Mr. Roland A. Bacci, owner of R.A.B.
Motors and his attorney, Albert Bianchi had spoken to her earlier, and
indicated that they agreed with the recommendation made by the staff.
SRCC MINUTES (Regular) 8/19/85 Page 10
SRCC MINUTES (Regular) 8/19/85 Page 11
Councilmember Nave moved and Councilmember Russom seconded, to approve
staff recommendation to refer the matter to the Design Review Board and
Planning Commission for review and recommendation.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. DESIGNATION OF VOTING DELEGATE AND VOTING ALTERNATE FOR LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE - OCTOBER 6-8, 1985, SAN FRANCISCO
HILTON HOTEL (CC) - File 9-11-1
Councilmember Russom moved and Councilmember Nave seconded, to designate
Mayor Lawrence E. Mulryan as the Voting Delegate, and Vice -Mayor Dorothy
L. Breiner as Voting Alternate.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. RESOLUTION AUTHORIZING EXECUTION OF HOUSING AGREEMENT FOR CITY MANAGER -
File 4-10-196 x 9-3-11
City Attorney Ragghianti corrected two items on the Agreement:
Page 2, above #4, "At no time shall the interest rate for this loan
exceed 14V be deleted.
On page 4, paragraph 13, "This Note is secured by a Deed of Trust, of
even date herewith, to the City of San Rafael as Trustee, executed by
the undersigned in favor of the City" be deleted, because it is not a
promissory note, and the language is printed on the first page.
RESOLUTION NO. 7173 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT
WITH TED A. GAEBLER RE HOME LOAN AGREEMENT
($190,000 to be paid over fifteen (15) years)
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM
Frugoli, Nave, Russom & Mayor Mulryan
RE: HIGHWAY 101 CONSTRUCTION UPDATE - File 11-16
Councilmember Breiner indicated that she received a call from the public
re the update notice placed in the Independent Journal on the
construction of Highway 101's schedule which is not being adhered to as
printed.
After discussion, it was agreed that Mayor Mulryan would send a letter
to CalTrans indicating the City's concerns, whereby work is supposed to
stop at 2:30 pm but is not being halted, therefore creating a bottleneck
for the commute hour traffic; CalTrans also is keeping the arrow signs
in place (closure of lanes) long after work is completed, and the lanes
are being narrowed much too far ahead than is required.
Traffic Engineer John Rumsey was asked to monitor the situation, and
give his recommendations.
There being no further business, the meeting was adjourned.
JEANN M— LEONCINI�ity rk
APPROVED THIS DAY OF
1985
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 8/19/85 Page 11