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HomeMy WebLinkAboutCC Minutes 1992-04-20SRCC MINUTES (Regular) 4/20/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 20, 1992, AT 7:00 P.M. CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 92-8(a) - #1 - Mrs. Gloria Goldsmith vs. City of San Rafael, et al No. 92-8(b) - #1 - Leslie K. O'Toole vs. City of San Rafael, et al No. 92-8(c) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 20, 1992, AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE Sanford Gossman of 21 Cottonwood Drive, again appeared before the City Council and voiced concerns about whether or not the City is going to enforce the County's Animal Control Ordinance. CONSENT CALENDAR Councilmember Shippey moved and Councilmember Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meeting of March 12, Approved as submitted. 1992 and Regular Meeting of March 16, 1992 (CC) 3. Resolution Accepting Proposal from Book Publishing RESOLUTION NO. 8645 - Company for Supplement Service to the Municipal Code AUTHORIZING THE SIGNING for Year 1992-1993 (CC) - File 1-5-1 OF A PROPOSAL WITH BOOK PUBLISHING COMPANY FOR SUPPLEMENT SERVICE TO THE SAN RAFAEL MUNICIPAL CODE (ONE YEAR PERIOD - $22.00 PER PAGE FOR PERIOD FROM 7/1/92 - 6/30/93) 5. Award of Informal Bid for "D" Street Drainage RESOLUTION NO. 8646 - Replacement at San Rafael Avenue (PW) - File 4-1-451 AWARD OF CONTRACT FOR "D" STREET DRAINAGE REPLACEMENT (To Ghilotti Bros., Inc., Lump Sum $6,800) 6. Resolution Approving Agreement for Auction Services RESOLUTION NO. 8647 - (PW) - File 4-3-253 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NATIONWIDE NORCAL FACILITY FOR AUCTION SERVICES 7. Resolution Authorizing Staff to Apply for Various RESOLUTION NO. 8648 - Grants to Support Ongoing Falkirk Programs and AUTHORIZING STAFF TO Exhibitions (Cult.Affs) - File 9-3-84 x 223 APPLY TO THE FOLLOWING FOUNDATIONS DURING APRIL AND MAY, 1992, TO SUPPORT THE ONGOING SRCC MINUTES (Regular) 4/20/92 Page 1 SRCC MINUTES (Regular) 4/20/92 Page 2 8. Resolution Authorizing the Acting Chief of Police to Apply for a State of California, Office of Criminal ACTING Justice Planning (OCJP) Crime Prevention Grant (PD) - APPLY File 4-10-262 x 9-3-30 amount City application, EDUCATIONAL AND EXHIBITION PROGRAMS OF FALKIRK CULTURAL CENTER: FIREMAN'S FUND, BIRKEN- STOCK FOOTPRINT SANDALS AND THE NATIONAL ENDOW- MENT FOR THE ARTS a. RESOLUTION NO. 8649 - AUTHORIZING THE CHIEF OF POLICE TO FOR A STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) CRIME PREVENTION GRANT ($25,332) b. Authorized use of Federal Drug Asset Seizure Funds in of $6,382 as matching funds for this grant if approved by OCJP. 10. Claim for Damages: a. Kathleen Purtle (PW) Approved City Attorney's Claim No. 3-1-1612 recommendation for denial of Claim a. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 4/20/92 Page 2 SRCC MINUTES (Regular) 4/20/92 Page 3 The following items were removed from the Consent Calendar for further discussion: 4. RESOLUTION APPROVING BUDGET AND FINAL WORK PROGRAM FOR ST. VINCENT'S/SILVEIRA OPPORTUNITIES AND CONSTRAINTS ANALYSIS (Pl) - File 9-2-45 x 10-2 Councilmember Thayer inquired if, since this is a City -initiated Committee, this has been considered in connection with the parcel tax on acquisition of open space, which may be on the November ballot. Principal Planner Hasser responded that the subject has not come up. Ms. Thayer stated she expects that this will come up in November, and that the St. Vincent's property will be one of the areas for consideration for agricultural land, which is her reason for inquiring if it had been discussed. Mayor Boro pointed out that agricultural lands in West Marin are involved in Measure A. Ms. Thayer stated she is curious to know about the Committee going through the various parcels, and how will the study be augmented. Planning Director Pendoley responded that there is a variety of alternatives. Councilmember Shippey moved and Councilmember Cohen seconded, to adopt the Resolution approving the Final Work Program. RESOLUTION NO. 8650 - APPROVING THE FINAL WORK PROGRAM, PROVIDING $27,500 TO FUND A PORTION OF THE ST. VINCENT'S/SILVEIRA OPPORTUNITIES AND CONSTRAINTS ANALYSIS FROM RESERVE FUNDS, AND AUTHORIZING THE MAYOR TO SIGN A ST. VINCENT'S/CYO FUNDING AGREEMENT AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. APPROVAL OF PARTIAL CLOSURE OF DOWNTOWN STREETS BEGINNING ON THURSDAY, MAY 7, 1992 FOR DOWNTOWN FARMERS MARKET FESTIVAL (PD) - File 11-19 x (SRRA) R-181 Councilmember Breiner stated that in the past couple of years when she attended the Farmers Market in October, it had not been well attended, and she is concerned about the manpower and womanpower cost when the market is in operation, and she stated there should be consideration given to having the market end earlier in the year. SRCC MINUTES (Regular) 4/20/92 Page 3 SRCC MINUTES (Regular) 4/20/92 Page 4 Assistant Executive Director (Redevelopment) Jake Ours responded that the first year they ran the Farmers Market through November, and it got very cold, and last year they cut it off in October, with the Hallowe'en Festival which was very well attended. He stated he does not have the figures for the attendance in October, but it was still worth the vendors and farmers effort to come out. He noted that at that time of year there are fewer fruit and vegetable items available. Mayor Boro stated that he would agree to let the Farmers Market start as scheduled, and let the Market directors know about the Council's comments and leave it open- ended as to when it will close and for further discussion. Councilmember Breiner moved and Councilmember Shippey seconded, to approve the closure as recommended on Thursday nights, beginning May 7, 1992 with the closing of the Farmers Market to be discussed at a later date. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro announced, for the benefit of the audience, that Item 16, the Public Hearing regarding 240 Canal Street, is to be carried over for one month, and that this has been cleared with the City Attorney. 11. REZONING FOR THE DEVELOPMENT OF A 176 -UNIT APARTMENT COMPLEX (OAKRIDGE APARTMENTS); SMITH RANCH ROAD PROPERTIES, OWNER; LINCOLN PROPERTY CO., INC., REP.; AP #155-251-08 & 09 (Pl) - File 10-3 x 10-6 Planning Director Pendoley briefed the Council, stating that since the last meeting, the Planning Department received correspondence from Lincoln Properties and Lynn Sedway, the Applicant's consultant, reiterating their request that the Park Dedication Fee be waived on the BMR's (Below Market Rate) and that the project be granted a credit against the park fee equal to one-half the value of the private recreation improvements which have been approved for the project. Mr. Pendoley stated that Traffic Mitigation Fees have not been waived on any project approved since the General Plan 2000 was adopted. He added that staff's recommendation that credit not be given for the private improvements is based on their reading of the Park Dedication Ordinance and the Quimby Act, which do not list these improvements as being eligible for credit when they are part of an apartment project. He stated that the City Attorney concurs in this reading. Mr. Pendoley further stated that the Applicant's data indicates that San Rafael's Park Dedication Fee is not excessive. He noted that of the 14 cities surveyed, eight collect park fees, and only one city has a fee lower than San Rafael's. Mr. Pendoley then addressed the question of setbacks for the medical office building, stating that the effect of this Condition would require a minimum 25 -foot setback which would affect the parking. He stated it is possible there might be trade-offs on this issue. Councilmember Shippey inquired about a precedent being set in connection with the waiver of the Parkland Fees, and Mr. Pendoley responded it was done in the case of the St. Isabella's senior housing project. He noted the waiver would be for the BMR's. City Attorney Ragghianti noted that, although the Public Hearing on this project was closed, the public should be allowed to speak. Attorney Albert Bianchi, representing the applicants, addressed the Park Dedication fees. He stated it takes a cooperative effort to achieve a worthwhile community result. He referred to a recent article in the Marin Independent Journal about a mortgage company moving to Petaluma. He stated that more employees live there and the rents are lower, and we must work together in achieving these goals of afford- able housing. He stated the Council has the authority to waive the Park Dedication fees if they desire to. He added that the belief is that the condo -type project could qualify for the full waiver. He pointed out there is no difference between the requirements of people living in apartments than those living in condos, and he does not understand the distinction. Mr. Bianchi then discussed the waiver regard- ing the recreation improvements and stated that it is a duplicate payment of in -lieu parks fee when the recreation is provided on site. He stated that the City's own Ordinance acknowledges that it may be waived and modified in the Development Agree- ment. He reiterated that the Council is authorized to exercise reasonable discretion. SRCC MINUTES (Regular) 4/20/92 Page 4 SRCC MINUTES (Regular) 4/20/92 Page 5 Rick Juarez of Lincoln Property Company, described the recreation facilities, which include an exercise room, swimming pool and spa, and added there is a bocci ball court and jogging trails. He stated there is no turf playing field because of the SRCC MINUTES (Regular) 4/20/92 Page 5 SRCC MINUTES (Regular) 4/20/92 Page 6 site conditions, but pointed out they are providing 6 or 7 facilities and they will fit the recreation needs for the residents of the project. Lynn Sedway, real estate economist, pointed out that she had sent a letter explaining the reasons they feel that the Park fees should be reduced, and also facts on the income levels of the future residents. She briefed the report for the Council. Mayor Boro inquired if there is a value set for the recreation facilities. Mr. Juarez responded that using the same figures as Ms. Sedway, the recreation facilities would total approximately $427,000. Mr. Pendoley noted that General Plan policy indicates when on-site recreation credit may be given. Councilmember Thayer inquired if staff feels that this compares with other projects which have gotten credit, and Mr. Pendoley responded that he has left that analysis to the Recreation Director. He stated that the improvements on this project have been analyzed and they come close to what staff would want in order to grant credit. He stated the total lot could be a little larger, and with other minor adjustments, it would comply if it were a condo project. Councilmember Breiner referred to Page 2 of the staff report, and stated this comes so close that there should be more discussion between staff and the Applicant to meet the City's goals and terms for on-site facilities, and that it would be to everyone's advantage. She noted the City does make certain concessions in order to have affordable housing. Mayor Boro mentioned to City Attorney Ragghianti that Mr. Bianchi says it is within the Council's authority to grant the waiver, but that Mr. Ragghianti's letter says it is not. Mr. Ragghianti responded that if the Council wishes to accommodate the Applicant, they should amend the Ordinance. He stated the problem is with the lang- uage which is technically legalistic. He noted that he and Mr. Bianchi both believe they are right, and added that there is a legal difference between a condo and an apartment. With regard to another point raised by Mr. Bianchi, Mr. Ragghianti stated it is possible to enter into an agreement with a developer and have the provision incorporated; but you should not enter into an agreement where our Ordinance says you should not. He added that his office did research and found that an amendment made to the Quimby Act took out "real estate development" and put in the exact type of property which would be eligible for credit, and apartments were not one of them. He stated we want to be sure it is technical and legal, and an amendment would have to be made to the Ordinance. Mr. Bianchi stated he respects the opinion of the City Attorney, but hopes that the Council will not be restricted by rules of law. He stated he would be willing to wait for a development agreement. He added that he believes that in a few years from now there will be no difference between apartment and condo regulations, and that Mill Valley has the same exemptions for apartments as for condos. Sam Cogswell of Captain's Cove Homeowners' Association, noted that the residents of the apartments will use the surrounding park facilities in addition to their own. Councilmember Breiner addressed the issue of the setback, noting that in terms of an historical basis, in the two previous PD zonings and Master Plan for this area, there was an 80 -foot setback because of the attention to the protection of the pond and to keep it as a good wildlife habitat. Mrs. Breiner felt they should not disregard the affect on Smith Ranch Road of a change from an 80 -foot setback originally to a 25 -foot setback. She stated she was proud of what has been developed in this area, up to now, however, the current buildings which are closer to Smith Ranch Road are an intrusion, and the Council should take another look at the building under consideration tonight for the two -acre parcel. She stated the 5,600 sq. ft. is the maximum FAR (Floor Area Ratio) for that slope, and that while we intended the FAR's to be maximum, they were not necessarily guaranteed. Mrs. Breiner recommended that there may be a more attractive development if the size were cut back to 4,000 sq. ft. which would make it more reasonable for parking and setbacks. She added that under either approach, there should be a landscaped berm, particularly along Smith Ranch Road, and the parking should be closer to Smith Ranch Road. She stated these improvements are needed to be imposed to amend the rezoning. Councilmember Thayer agreed with Councilmember Breiner. She then stated that the Applicant is owed an explanation of her negative vote on the project, stating it was because of the subdivision parcel. She added she is concerned about the wildlife corridor. Ms. Thayer added that the limitations which may be placed on the medical building could cause some legal implications. She stated her concern about the wildlife corridor is about its development and maintenance. She noted the parcel SRCC MINUTES (Regular) 4/20/92 Page 6 SRCC MINUTES (Regular) 4/20/92 Page 7 might not be developed as planned because of the restrictions on it. Ms. Thayer noted there is a fairly large parking lot, and it is her understanding that medical SRCC MINUTES (Regular) 4/20/92 Page 7 SRCC MINUTES (Regular) 4/20/92 Page 8 offices require a large number of parking spaces. She stated that the owners have done an excellent job of coming forward with the units at the low end of the moderate and low incomes. Councilmember Shippey stated he agrees with Mrs. Breiner's remarks. Mayor Boro stated he dos not have a problem with part of Mrs. Breiner's recommendation with regard to the landscaped berm, but to try to move the building back or reduce the size of the building may prove to be a problem. He stated there has been much consideration toward preserving the Pond, and he noted that on the other nearby developments there was not an 80 -foot setback. Mr. Pendoley stated that the Smith Ranch No. 3 property has a 25 -foot setback. Mayor Boro stated he feels it would be a real hardship to put on the property at this point, to push it back and reduce the size of the building. Mrs. Breiner pointed out that it is still not subdivided, and the Planning Commission and Design Review Board would have considerable leeway. She noted that these FAR's are maximum, and there is always the recommendation to burrow farther into the hill. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT BY AMENDING A PORTION OF THE SMITH RANCH PLANNED DEVELOPMENT PLAN AND CONDITIONS" (Oakridge Apartments) Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1613 to print with the amendments, except that the square footage of the building be reduced to 4,000 sq. ft. and the Condition d (1), under Setbacks be revised to include the Planning Commission recommendation to require the maximum feasible setback of the medical office building from Smith Ranch Road consistent with the pond buffer and the wildlife corridor; and Condition e (2), remove the period after the words "parking lot" and add that a berm must be provided along Smith Ranch Road. Ms. Thayer inquired about setbacks, noting that the staff is recommending 25 feet. Mr. Pendoley stated that the EIR (Environmental Impact Report) had come up with the 5,600 sq. ft. building which would fit on the property. He noted it would be easier to do with the 4,000 sq. ft. building. Councilmember Cohen stated he is concerned regarding the FAR's. He noted that the Planning staff did not say that the building could not be done at 5,600 sq. ft. He stated he would like to hear from the developer on this issue. Mr. Bianchi stated he does not feel the cut in square footage which is done arbitrarily would be fair to the Applicant. The following vote was then taken, to wit: AYES: COUNCILMEMBERS: Breiner, Shippey & Thayer NOES: COUNCILMEMBERS: Cohen & Mayor Boro ABSENT: COUNCILMEMBERS: None Mayor Boro then stated he recommends the Council agree with the concept of waiving the Park Dedication Fee for the BMR units, if the Council is willing to instruct the staff to modify the Ordinance to permit this prior to our ruling. He noted there is also the issue of the 50o credit for the recreation facilities on-site. Councilmember Breiner noted there are the two issues, waiver of the Park Dedication Fees for the BMR apartments, and the amending of the Ordinance to permit credit to be given for private recreation improvements. Mr. Ragghianti stated it would be sufficient if the Ordinance is amended to include apartments and a Development Agreement would, in that case, not be needed. Mrs. Breiner stated that if we are giving credit, we would like to be sure that the facilities are maintained over the long haul. Mr. Ragghianti responded, that is a separate issue, and that the CC&R's could read in such a way as to obligate the owners, and future owners, to keep up the maintenance. He stated that can be accomplished independently of the credit that the Applicant is requesting this evening. Mrs. Breiner noted that there are some apartment complexes which charge SRCC MINUTES (Regular) 4/20/92 Page 8 SRCC MINUTES (Regular) 4/20/92 Page 9 for the use of the recreation facilities and we should make certain that would not happen here. SRCC MINUTES (Regular) 4/20/92 Page 9 SRCC MINUTES (Regular) 4/20/92 Page 10 Councilmember Cohen moved and Councilmember Breiner seconded, to waive the Park Dedication Fees for the BMR units. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen inquired of Mr. Pendoley how long it would take him to accomplish a review of the Ordinance, and Mr. Pendoley responded he would call several State offices, several cities, and recreation districts. He said the actual drafting of the Ordinance amendment would take 10 to 20 days. He stated the problem is that there is no staff available who could work on this now, and there is no project staff could drop to provide time to work on it. Ms. Thayer noted we just waived the fees on the BMR units, which is good, but how does that work with the credit on the private recreation facilities. She stated she is confused as to what that means in proportion to the entire project. She stated she does not feel comfortable with that generous a compromise. Mayor Boro noted that Ms. Sedway's letter would indicate the credit at more than 50%. He inquired if the Council is thinking of a compromise which would total 500? Councilmember Shippey responded that 50%, plus the other waiver, would be too much. Mayor Boro stated the Council has resolved everything but the potential of a blanket fee. He asked that the Planning Director address the issues and give a report at the next meeting. Mr. Pendoley stated that the amount of waiver on the recreation facilities would be negotiated with the Recreation Director, and the Council would not want to decide on a figure tonight. He stated that the Ordinance amendment would be difficult to do in the next 30 days. Mr. Bianchi stated the Applicant will offer to fund a special consultant who will draft the necessary revision. He stated that the property owner and Marin General Hospital are willing to do that. The Council agreed to continue this discussion to the meeting of May 18, 1992, for Mr. Pendoley to come back with a work program. 12. UP74-6(g) - APPEAL OF PLANNING COMMISSION'S ACTION APPROVING A USE PERMIT EXTENSION FOR THE MARIN RANCH AIRPORT SUBJECT TO REVISED CONDITIONS WHICH LIMIT THE NON -AVIA- TION USES, FINAL ACTION ON CONDITIONS 10 AND 15 OF THE APPEAL (Pl) - File 10-5 x 10-2 Principal Planner Delimont briefed the Council, in compliance with the Council's request on April 6, 1992 for more information on Conditions 10 (Requirement of Fill Removal), and 15 (Fencing of Sensitive Habitat Areas). Ms. Delimont noted that Condition 10 has been modified to read in part: "The Applicant shall enter into a contract with an engineering firm approved by the City to determine the 1974 con- tours based on air photos and, if necessary, trenching. The report shall be prepared to City specifications and is subject to City review and approval. The Fire Department shall monitor the fill removal and, if deemed necessary, require additional hazardous material testing". With regard to Condition 15, Ms. Delimont reported that the Appellants are proposing either a steel post and mesh fence, or an electric fence, to be located along the inside of the levees with sufficient room for access for equipment. The proposed revegetation, to be completed by October 6, 1992, is also in Condition 15. Councilmember Shippey inquired about the type of fencing, and Mr. Pendoley responded it will be agricultural fencing with steel posts. Mr. Pendoley added that sheep are easy to control, and the fence will be sturdy. Mr. Shippey then inquired about the annexation of the County area, and Mr. Ragghianti responded that annexation will not have an effect on this issue, but the concern had been by the County residents that the area would all be under the City of San Rafael. Ms. Delimont announced that the Applicant has informally agreed that he is willing to provide the fencing. Len Nibbi, representative for the Applicant, agreed with the fencing requirement, and the report on the annexation issue which states there will be no annexation of the property. SRCC MINUTES (Regular) 4/20/92 Page 10 SRCC MINUTES (Regular) 4/20/92 Page 11 Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolution with modifications to Conditions 10 and 15. RESOLUTION NO. 8651 - TAKING FINAL ACTION ON THE APPEAL OF THE PLANNING COMMISSION'S ACTION APPROVING AN EXTENSION TO THE MARIN RANCH AIRPORT AND MODIFYING CONDITIONS NO. 10 AND 15; UP74- 6(g), AP #155-230-10, 11, 12, 13, 14 BIELSER, SHEKOU, ET AL, PROPERTY OWNER; CAPITAL INVESTMENT RESOURCES, REPRESENTATIVE. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. RESOLUTION APPROVING ENVIRONMENTAL AND DESIGN REVIEW APPLICATION, CERTIFYING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT APPLICATION AND ORDINANCE ADOPTING ZONE CHANGE RE: 10 E. CRESCENT DRIVE; REAL TIME INVESTMENTS, OWNER; FORSHER + GUTHRIE, REPS.; AP #10-291-67 (Pl) - File 10-3 x 10-6 x 10-7 Planning Director Pendoley stated that on April 6, 1992, the City Council had voted 4-1 to grant the Appeal of the Planning Commission denial of a five -unit condominium project on the site at 10 E. Crescent. He stated staff had been directed to prepare a Resolution certifying the Negative Declaration and approving the Environmental and Design Review and General Plan Amendment applications. Mr. Pendoley noted that staff was also directed to prepare an Ordinance adopting the Zone Change. He stated the necessary documents have been prepared and are presented for review. Councilmember Shippey inquired if, by adopting the Resolution in its entirety, the Council is endorsing the Environmental and Design Review application which would require the concessions to the Condominium Ordinance? Mr. Pendoley replied in the affirmative. He added that, in order to consummate it, a Condominium Map would have to be submitted. He stated this action does not assume the Council's approval of the project. Mr. Ragghianti stated it would be perceived as being a validation. Councilmember Thayer explained that she would be voting against the proposed project, as she had previously, because of the proposed General Plan amendments which are required. Councilmember Breiner moved and Councilmember Cohen seconded, to adopt the Resolution certifying the Negative Declaration and granting the Appeal. RESOLUTION NO. 8652 - CERTIFYING THE NEGATIVE DECLARATION AND GRANTING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF GPA90-2, Z89-15 AND ED89-102; THEREBY APPROVING GENERAL PLAN AMENDMENT, ENVIRON- MENTAL AND DESIGN REVIEW AND REZONING APPLICATIONS FOR CONSTRUCTION OF A 5 UNIT CONDOMINIUM PROJECT AT 10 EAST CRESCENT DRIVE; AP #10-291-67 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 (GENERAL COMMERCIAL) TO R-3 (MULTIPLE FAMILY RESIDENTIAL) - 10 East Crescent Drive; AP #10-292-67" Councilmember Breiner moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1614 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 14. FINAL RECOMMENDATIONS ON THE CODE ENFORCEMENT AND STREET SWEEPING COMPONENTS OF THE CANAL ACTION PLAN (CM) - File 231 x 9-2-43 x 218 x 9-1 Assistant City Manager Golt presented a comprehensive report on the Code Enforcement and Street Sweeping Components of the Canal Action Plan. She noted that the objective of the Code Enforcement segment is to bring apartment buildings into compliance with building, fire, zoning, health and other applicable codes, such as SRCC MINUTES (Regular) 4/20/92 Page 11 SRCC MINUTES (Regular) 4/20/92 Page 12 certain SRCC MINUTES (Regular) 4/20/92 Page 12 SRCC MINUTES (Regular) 4/20/92 Page 13 areas of the Municipal Code. She described notification procedures, methodology of the inspections, inspection team staffing, and a summary of costs. Ms. Golt then addressed the Street Sweeping program, analysis of mechanical sweeping versus hand sweeping, to include a crew from San Quentin, and including a proposed mechanical sweeping/no parking enforcement for six months beginning on or near July 1, 1992. She concluded with an estimate of costs for the street sweeping program. Mayor Boro stated that, whatever the source of funding, it would take about $75,000 to make it work, and Ms. Golt agreed. Councilmember Shippey remarked that the Day Labor Center is the one project over which the City has less control and that is the reason it is not yet in the plan. He stated he would like to see the programs start at the same time. Ms. Golt responded that the Committee which is working on the Center is waiting to hear from the Golden Gate Bridge District on the use of their parking lot on Andersen Drive. She stated they would like to implement as much of these components as possible, at the same time, and that they had hoped to start in the Spring, but Spring is already here. Councilmember Thayer inquired about what would be done if a person refuses inspection because there is no responsible person present? Ms. Golt replied she does not believe it will be possible to achieve 100% inspection in every apartment in every building, but they will make every effort to reschedule inspections at a more convenient time for residents. She stated that 75% is usually sufficient to tell if a building is clean and well -ordered and in compliance. Public Works Director Bernardi added that staff has the ability to invoke an "Administrative Search Warrant" if it was necessary to gain access to a unit. Mr. Shippey stated the tenants should be made aware that the inspection is really for their benefit, and that is why the communication issue is so important, so they will not resist. Councilmember Thayer noticed we are not addressing the issue of overcrowding, and it is a volatile issue. She inquired, would not overcrowding be a Code violation? Ms. Golt responded that the tenants will be noticed ahead of time, and she does not believe the inspectors will have it known how many are living in a unit. They will be looking for Code violations. Mr. Ragghianti stated that there are provisions in the UBC (Uniform Building Code) governing the number of people per square foot who can live in a building. Mayor Boro stated that we have been very explicit that is not our purpose, and everyone should understand that we deal with the property owner of a building which has had violations; that is the purpose of the inspections, to make the building a healthy and safe place to live. Councilmember Shippey stated this is an extraordinary operation, not usually done by a City, and it is to the benefit of the tenants to understand the purpose of the inspection is to get their building up to Code. Councilmember Breiner inquired if we have Certificates of Compliance which are referred to on Page 3 of the staff report. Mr. Ragghianti stated that in the Subdivision Map Act, there is a Certificate of Compliance, and also in other areas, but not in this situation. Councilmember Breiner recommended having a Certificate of Code Compliance, and Mr. Ragghianti stated that would be excellent. Paul Silva of 35 Fairfax Street, commended Ms. Golt and staff on their report. He stated he thought he read in a 1984/85 Supreme Court ruling that it was not possible to limit the number of persons living in a dwelling. Tom Wilson, Executive Director of the Canal Community Alliance, thanked Ms. Golt and all who are working on the program, which is a democratic process. He agreed that in the Code Enforcement area communication is necessary, and promised that the CCA (Canal Community Alliance) will do all it can to help in that connection. He stated the area has many diverse people, and he would urge the members of the Committee to work for the least possible impact. Gina Matthews, Co -Chair on the East San Rafael Neighborhood Task Force, stated she appreciates the energy put into this project, and the work being done by Mayor Boro and Councilmember Shippey. She noted, in connection with the Code Enforcement issue, that the property owner is responsible for maintenance of the property, but the renters also have their responsibility. She stated she feels the renters should SRCC MINUTES (Regular) 4/20/92 Page 13 SRCC MINUTES (Regular) 4/20/92 Page 14 have their organization too, and that some things are not the fault of the tenant, but the owner. She urged that the residents be given time to prepare for the inspection. She noted that, although language is important, there should also be a sensitivity toward people who are not used to dealing with "authority figures". Walter Rice stated he is concerned about the use of the local media for notification, and that there should be a verbal connection between the Council and the community. He added it is very important that it be a partnership between the Canal people and the City staff and officials. He recommended that the front line agencies provide the front line linguistics, so the people can convey their fears as to whether this is actual Code Enforcement or an effort to depopulate. He argued for collaboration, stating that intermediation is not enough. Mayor Boro noted that when they had discussions with the Task Force they discussed having the City staff meeting with the people in each building before an inspection. Mr. Rice stated he would like to fill Pickleweed Center and have an informational session. Bill Weeks of the Task Force, thanked everyone for their work, and stated they will be glad to get the word out any way they can, and that this plan is a good step, and very fair. Ms. Golt then addressed the Street Sweeping Program, and Public Works Director Bernardi showed by means of a map the areas to be swept on one side of the street on one day, and the other side on another specified day, with notification beforehand so people could move their cars. Mr. Bernardi stated that the trial period will give opportunity for a careful look at the program, and Ms. Golt recommended that the length of the trial period be discussed. Mayor Boro thanked Ms. Golt for her very complete report, and also the Day Labor Committee. He stated that the City could not do this without the efforts of all of the people involved. On the length of the trial period for the street sweeping, Mayor Boro had questions regarding where do the cars go on the day the street is being swept, will certain streets be impacted and, if so, where? He stated these issues need to be looked at during the trial period. Councilmember Cohen stated there is a question of how the program is to be imple- mented, and more information is needed on the impact on the street sweeping schedule for the rest of the City. Ms. Golt responded that one of the things very closely evaluated during the trial period will be that issue. Mr. Bernardi stated Public Works will stop sweeping part of the streets normally done, and gave an example of Glenwood and Peacock Gap, where for the last two hours of the street sweeping shift the crew would leave and go to the Canal. On the next shift the crew would cover the area in Glenwood and Peacock Gap where they left off before. He stated that method would probably be continued, and certain areas of the City would be swept every two weeks instead of each week. Mayor Boro noted the hours may have to be changed, but he is not sure they would have to change the level of service in other areas. Councilmember Breiner inquired how the six-month trial period was arrived at, and recommended it be shorter. Ms. Golt responded that was to cover the Summer and Winter months. Councilmember Cohen stated his concern about the impact on the Police Department, and noted that the staff report states we may not even be able to tow all of the cars. He expressed concern because of the level of staff in the Police Department. Mayor Boro mentioned that when they went to Fullerton and Brea they found that as soon as the word got out they had less towing. He added that this also happened in San Francisco. Ms. Golt added that in Fullerton, if they got the word out properly, there was less problem, but she pointed out the area down there was not as dense as the Canal area. She stated it is critical to get information out ahead of time so people understand about the program. She added that the pilot area was selected to lead into the program, since they could not start imposing towing in the entire area. She reported that Police Officers Juge and Hasser had felt strongly that the pilot program was critical in getting it started properly. Councilmember Shippey stated that the people should understand that the pilot program is a learning period for the City, and he would support the six-month trial period. Mayor Boro inquired if the sweeping at Spinnaker Point would continue as it is at SRCC MINUTES (Regular) 4/20/92 Page 14 SRCC MINUTES (Regular) 4/20/92 Page 15 present, and Ms. Golt stated it will. SRCC MINUTES (Regular) 4/20/92 Page 15 SRCC MINUTES (Regular) 4/20/92 Page 16 Lloyd Watson stated he feels the areas can be staggered, and asked what will the City do after the trial period is over? He added people will park their derelicts on the streets again. Gina Matthews stated that the Task Force found the street sweeping program appro- priate, but they did not discuss the trial period. She stated it is needed, because it is such a condensed area with not enough garage space in many apartment complexes. She stated the trial period should be long enough for people to get used to the parking violation process. Eunice Rodriguez, a member of the Business Association, thanked staff for the report. She stated that the focus of the cleanup program is to clean the streets, and she feels the enforcement process should be done in a dignified manner. John Cerini, a property manager with 322 tenants, asked that the trial period be condensed as much as possible, so as not to inconvenience the residents. Paul Silva noted that there has been glass in the middle of Fairfax Street for four days. He expressed concern that an increase in cars coming into his area will affect the drug problem. Dora Knell, who owns a small apartment building in the Canal area, stated she is worried about the trial period leaving some areas out, and said she does not know why a trial period is needed. She noted that Bellam Boulevard is a "used car lot", with cars on both sides with "for sale" signs. She also stated that, with regard to the bilingual signs, drivers have to learn to read traffic signs in English. Mr. Rice stated he is concerned about the drainage situation, with no dispersal area, and asked is it possible to discourage littering behavior. He stated there should be places where people can throw their litter, and recommended receptacles be provided. Debbie Poulton stated she is concerned that people will get confused about not being able to park on certain streets on specified days. Tom Wilson asked that the benefits of hand -sweeping be taken into consideration, since there would be no need to move cars and it would provide jobs for people. He stated that an investment of that kind in providing positions might pay off. Bill Weeks stated he had done a survey on cross -streets, and had looked at the number of cars moved when people went to work each day. He stated 600 of the cars were gone and the people could move their cars to the other side of the street on a street sweeping day. Mayor Boro said the key issue is the length of the trial period. He recommended the first part of the program be started now, and be ready to go on July 1st, with staff to come back the first Council meeting in September, 1992, with a report. He stated it is critical to continue the program with periodic reports. Councilmember Breiner agreed. She stated it will work, or it will not. She asked if there is some way we could minimize the concern by explaining the towing effect, such as going to Pickleweed Park. The audience was not in favor of parking at Pickleweed. Councilmember Shippey agreed with the trial period, and inquired if it could be shortened to two months. Ms. Golt stated that should be workable. She stated they all knew there would be changes in the schedule because of the situation with leaves in some areas of the City. She stated they would not like to see less than two months, since there would have to be time for evaluation within the neighborhood. Councilmember Cohen stated he would support that recommendation, and pointed out that the impact has to be evaluated. He stated there must be consideration of the City's ability to implement the program, and the impact on the streets in the "tri- angle". He noted that if the program is causing a problem in that area, the activity can be changed. Mr. Cohen spoke in favor of the area -wide meeting recommended by Mr. Rice, as soon as all components are known, so the Council and staff can explain to the residents what is intended, and he added that everyone should be encouraged to attend. Councilmember Breiner moved and Councilmember Shippey seconded, to accept the report with amendment to the trial period, the community meeting, and increase in publicity in general. SRCC MINUTES (Regular) 4/20/92 Page 16 SRCC MINUTES (Regular) 4/20/92 Page 17 Councilmember Shippey recommended that perhaps there should be an additional meeting after the program has started, in order to get feedback. Councilmember Thayer expressed concern about the "triangle", and about possible problems. Ms. Golt noted there may be a burden on the commercial area as well. Councilmember Breiner stated that if we find there is a major problem it can be dealt with. Mayor Boro recommended in May and June the education program should be started, and the program commence on July 1st. In September Ms. Golt will report back and the Council can see what changes may be necessary. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. 15. REVIEW OF COUNTYWIDE PLAN (Pl) - File 191 Mayor Boro recommended this item be postponed for two weeks, to give Planning Director Pendoley an opportunity to develop the Economic Element of the Countywide Plan. Councilmember Shippey moved and Councilmember Cohen seconded, to carry this item over to the May 4, 1992 Council meeting. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - APPEALING BUILDING OFFICIAL'S NOTICE AND ORDER REQUIRING VACATION AND DEMOLITION OF 240 CANAL STREET, BUILDING C; JUN W. AND LILLIE JUE, OWNERS; AP #8-020-07 (PW) - File 3-3-46 x 9-3-32 Mayor Boro opened the Public Hearing, and noted that the City Attorney has agreed with the postponement of the Public Hearing to meeting of May 18, 1992. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - TO CONSIDER A PROPOSED ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 12.40 OF THE MUNICIPAL CODE FOR THE CITY OF SAN RAFAEL SETTING FORTH AN UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM (PW) - File 13-11 x 4-3-235 x 13-1 x 9-3-40 x 1-r-1 Mayor Boro opened the Public Hearing and recommended it be continued for sixty days, as recommended by the Planning Director. Councilmember Shippey noted that by so doing the City is still in compliance with the State guidelines. Councilmember Thayer moved and Councilmember Breiner seconded, to continue the Public Hearing on this item for sixty days (June 15, 1992), and that the hearing be renoticed at that time. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. CITY COUNCIL REPORTS ADD ITEM: I. BUSINESS OPERATING IN RESIDENTIAL AREA - File 10-2 x 100 Councilmember Breiner requested a report on an architect operating in a residential zone at Mission and Grand Avenues. Planning Director Pendoley indicated enforcement has been initiated and that the Council will be furnished copies of the reports. There being no further business, the meeting adjourned at 11:00 P.M. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 SRCC MINUTES (Regular) 4/20/92 Page 17 SRCC MINUTES (Regular) 4/20/92 Page 18 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 4/20/92 Page 18