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HomeMy WebLinkAboutCC Minutes 1995-11-06SRCC MINUTES (Regular) 11/6/95 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 6,1995, AT 8:00 PM Regular Meeting: San Rafael City Council Barbara Heller, Councilmember Gary 0. Phillips, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Acting City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items: Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember CLOSED SESSION AGENDA ITEM - 7:00 PM - CONFERENCE ROOM 201 1. -Conference with Legal Council - Existing Litigation (Government Code Section 54956.9 (a)): City of San Jose v. State of California, Commission on State Mandates, et al. California Court of Appeal, Sixth District. (Request for City of San Rafael participation as amicus party). The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned item. IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 6,1995 AT 7:00 PM RE: CLOSED SESSION ITEM Assistant City Attorney Gus Guinan announced the Council voted 5-0 to approve request for City participation as amicus party. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR Councilmember Cohen moved and Councilmember Phillips seconded, to approve the recommended action on the following Consent Calendar items: 1194,41 RECOMMENDED ACTION 3. Approval of Street Closures for 16th Annual Approved staff Parade of Lights on Friday, November 24, 1995, recommendations. and 6th Annual Winter Wonderland Event on November 24-25, 1995 (RA) - File 11-19 4. Annual Parking Meter Holiday from Wednesday, Approved staff November 22, 1995 through Tuesday, recommendation. December 26, 1995 (RA) - File 11-8x 11-18 5. Resolution of Appreciation to Mary Jean Knight, RESOLUTION NO. 9487 - Finance Department Secretary, Employee of the RESOLUTION OF APPRECIATION Quarter Ending September 30, 1995 (Fin) FOR MARY JEAN KNIGHT, - File 102 x 7-4 x 9-3-20 EMPLOYEE OF THE QUARTER SRCC MINUTES (Regular) 11/6/95 Page 1 SRCC MINUTES (Regular) 11/6/95 Page 2 ENDING SEPTEMBER 30,1995. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 2. APPROVAL OF MINUTES OF SPECIAL JOINT MEETING OF WEDNESDAY, JUNE 14, 1995, REGULAR MEETING OF MONDAY, OCTOBER 2, 1995, SPECIAL JOINT MEETING WITH PLANNING COMMISSION OF WEDNESDAY, OCTOBER 11, 1995 AND REGULAR MEETING OF MONDAY, OCTOBER 16, 1995 (CC) Councilmember Phillips asked that the minutes of the Special Meeting of Wednesday, June 14, 1995 be revised to show that he was absent from that meeting. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the minutes of special meeting of Wednesday, June 14, 1995, as amended, and minutes of regular meeting of Monday, October 2, 1995, special joint meeting with Planning Commission of Wednesday, October 11, 1995 and regular meeting of Monday, October 16, 1995 as presented. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Phillips (from the minutes of June 14, 1995 only, due to absence from meeting); Heller (from the minutes of October 11, 1995 and October 16, 1995, due to absence from meetings.) RESOLUTION AUTHORIZING PARTICIPATION IN THE ABAG POWER PURCHASE POOL FOR THE PURCHASE OF NATURAL GAS (Fin) - File 111 x 9-7-3 Councilmember Heller asked if there was any additional information regarding other options that might be available, and if P.G. & E. would be a bidder on this project? She noted that electricity will soon be deregulated, and asked if this would produce any savings? Finance Director Ransom Coleman responded deregulation on electricity would be coming soon, and that the savings on electricity will probably be greater than on natural gas. He noted that when deregulation becomes effective, the City will have the option of bidding for electricity as well as natural gas. Regarding the organization of the ABAG Power Purchase Pool, Mr. Coleman reported this pool had been established in July, and stated he was not aware of any other options available to the cities other than this pool, or just buying gas through P.G. & E. He noted that P.G. & E. could end up being the low bidder for the natural gas, and reported that, in any case, P.G. & E. will be responsible for the transmission of the gas, so the City will not see any change. Councilmember Heller asked if there were models from other cities across the country that were being reviewed? Mr. Coleman responded that there was a model being studied which involved 200-300 school districts in a similar pool, and the ABAG Power Purchase Pool program was being modeled after that pool. Councilmember Heller moved and Councilmember Phillips seconded, to adopt a Resolution authorizing the City to join the ABAG Power Purchasing Pool. RESOLUTION NO. 9488 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING PARTICIPATION IN THE ABAG POWER PURCHASING POOL (for the purchase of Natural Gas). AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Cohen, Heller, Phillips, Zappetini & Mayor Boro None None PUBLIC HEARING - GENERAL PLAN AMENDMENT AND ZONING AMENDMENTS CONSISTING OF THE FOLLOWING COMPONENTS: (PI)- File 115X 10-3X 10-6 GENERAL PLAN AMENDMENT FROM THE OFFICE TO THE RETAIL/OFFICE LAND USE DESIGNATION; CORRESPONDING ZONE CHANGE FROM THE OFFICE (0) TO THE COMMERCIAL/OFFICE (C/O) ZONING SRCC MINUTES (Regular) 11/6/95 Page 2 SRCC MINUTES (Regular) 11/6/95 Page 3 DISTRICT, 4144 AND 4150 NORTH REDWOOD HIGHWAY, SAN RAFAEL; AP No. 156-072-01, -02. b. ZONE CHANGE FROM THE PARKS/OPEN SPACE (P/OS) TO THE PLANNED DEVELOPMENT (PD) DISTRICT; TO CORRESPOND WITH EXISTING HILLSIDE RESOURCE RESIDENTIAL GENERAL PLAN LAND USE DESIGNATION; LUCAS VALLEY ROAD; SAN RAFAEL; AP No. 165-010-89 C. GENERAL PLAN AMENDMENT FROM THE HIGH DENSITY RESIDENTIAL TO THE LIGHT INDUSTRIAL/OFFICE LAND USE DESIGNATION; CORRESPONDING ZONE CHANGE FROM THE HIGH DENSITY RESIDENTIAL (HR -1) TO THE LIGHT INDUSTRIAL/OFFICE (LI/0) ZONING DISTRICT; 615 LINDARO STREET, SAN RAFAEL; AP No. 13-061-49. Councilmember Zappetini stated he was abstaining from this item due to conflict of interest, and left the Council Chamber. Mayor Boro declared the Public Hearing opened and asked for the staff report. Planning Director Robert Pendoley reported the Council was being presented with three "clean-up" amendments, noting they are designed to streamline the regulatory process. Mr. Pendoley stated these amendments were considered non -controversial, and that he was prepared to offer one comment on each of them. Mr. Pendoley reported the first amendment, concerning the property at 4144 and 4150 North Redwood Highway, would make these two properties more consistent with the adjacent land use designations, and in particular provide greater flexibility for their future use; the second amendment, regarding property on Lucas Valley Road, would correct a zoning error, and allow the zoning to be consistent with the General Plan, as required by State law; and the third amendment, concerning redesignation on the General Plan of High Density Residential to Light Industrial Office would make the property at 615 Lindaro Street consistent with those properties immediately adjacent. Mr. Pendoley noted the third amendment would require both a General Plan amendment and a rezoning. Mayor Boro invited members of the public to address the Council regarding this issue. There being no public discussion, Mayor Boro closed the Public Hearing. Councilmember Cohen asked for clarification of the action being recommended to the Council, noting there was a Resolution adopting a negative declaration, and approving the General Plan amendments and zone changes. Mr. Cohen asked if these issues were to be adopted separately or together. Mr. Pendoley stated that first the Council was being asked to adopt the Resolution, and then pass the Ordinance to print. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution certifying a negative declaration and adopting the General Plan amendment GPA 95-2, and zone changes ZC954. RESOLUTION NO. 9489 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT GPA 95-2 AND ZONE CHANGES ZC 95-4. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest.) The title of the Ordinance was read: " AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE OF THE CITY OF SAN RAFAEL, CALIFORNIA ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY (RE: ZC95-4 - 4144 AND 4150 NORTH REDWOOD HIGHWAY, AP NO. 155-072-01 AND -02; LUCAS VALLEY ROAD, AP NO. 165-010-89; 615 LINDARO STREET, AP NO. 13-061-49)." Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1687 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, & Mayor Boro NOES: COUNCILMEMBERS: None SRCC MINUTES (Regular) 11/6/95 Page 3 SRCC MINUTES (Regular) 11/6/95 Page 4 ABSENT: COUNCILMEMBERS: Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest.) 8. PUBLIC HEARING - ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR 6583 SQUARE FOOT INDUSTRIAL/OFFICE BUILDING AT 615 LINDARO, SAN RAFAEL: AP NO. 13-061-49 (PI) - File 10-7 x 10-6 x 10-3 (Councilmember Zappetini was absent from the Council Chamber, after stating he was abstaining from this item due to conflict of interest.) Mayor Boro declared the Public Hearing opened and asked for the staff report. Planning Director Pendoley explained that the City's Zoning Ordinance requires that whenever a rezoning is accompanied by an actual permit application, the entire project must then be brought before Council. He stated this proposal to build a 6,583 square foot light office and industrial building had been reviewed and endorsed by the Design Review Board, and unanimously recommended for approval by the Planning Commission. Mr. Pendoley reported staff has received input from the three adjacent neighborhoods, and each of them have recommended approval. Mr. Pendoley noted the architect was in attendance, and would answer any questions the Council or the public might have. Mayor Boro noted the agenda listed the building as being 6,583 square feet, yet the staff report showed the building as being 6,850 square feet, and asked Mr. Pendoley for the correct size of the building. Mr. Pendoley deferred to the architect, Shay Zak, who stated the building will be 6,583 square feet. Shay Zak, architect with the firm of Eklund & Zak, addressed the Council, noting his firm had designed this building for Paul Thompson of West Bay Builders. Mr. Zak displayed the architectural drawings of the building, and showed the Councilmembers color and material samples, along with photographs of the site. Mr. Zak explained the site was now a vacant lot, and that over the years his firm had been involved in the discussion of many different proposals concerning this piece of property, including various types of housing. He reported they had finally come upon a user with a good idea for the use of the project site, and had found a way to make it work quite well. Mr. Zak referred to the landscape drawing and pointed out that they had taken a commercial type of building, which is comprised of both office and warehouse use, and tried to work it into the site so that it had the look of a residential area, as the location is on a borderland of sorts. To achieve this goal, Mr. Zak showed how the building will be broken into three distinctive volumes; the first being a two- story office building on the corner, the second being a one-story commercial space to be used for the storage of trucks, and the third being the one-story central part of the building which is a connector between the other two parts of the building, and which also functions as a deck. Mr. Zak then reviewed an elevation photograph, as seen from the property, pointing out that in designing the structure they have broken down the masses so that it appears to be an arrangement of three separate buildings. Mr. Zak explained that because of the industrial use in part of the building, the entire building will be pulled to the perimeter of the site, which will project a nicer presentation to the street by placing the more attractive elevations along the street, and allowing the other elevations to be screened by landscaping. Mr. Zak reported the inner part of the building has been used to place the roll -up doors that will open to the parking area, noting that as someone is driving down Lindaro Street, only the office area and entrance will be seen, and the roll -up doors will be set back and screened. Mr. Zak also noted that the building will be white stucco with a red tile hipped roof so that it will tie in with some of the older buildings in the neighborhood. Councilmember Cohen asked if the building was to be used by the owner, and Mr. Zak stated that was correct, West Bay Builders would be relocating from another location in San Rafael to the new site. Mayor Boro invited members of the Public to address the Council regarding this issue. There being no public discussion, Mayor Boro closed the Public Hearing. Councilmember Cohen stated he was familiar with this property, as he had lived in the neighborhood for a long time, and he felt this project was clearly going to be an improvement to the neighborhood. He recalled approving the previous residential proposal as a member of the Planning Commission, and believed he had even reviewed proposals for this property while a member of the Gerstle Park Neighborhood Association Board of Directors, noting that was a long time ago. He stated he was happy to see what appeared to be a feasible project for this site. Councilmember Heller asked if sidewalks would be installed around the site once the building has been completed, and SRCC MINUTES (Regular) 11/6/95 Page 4 SRCC MINUTES (Regular) 11/6/95 Page 5 Public Works Director Bernardi responded that the sidewalks would be included in the last phase of the storm drain project, once it has been extended through the Davidson School property, which would probably be in the Spring of 1997. Mr. Bernardi stated the first phase of the storm drain project would involve work on Irwin Street, which was scheduled to begin in another month or two, but assured Ms. Heller that when the storm drainage is extended to Davidson School, part of that phase will be to go up Woodland Avenue, installing drainage right under the spot where the sidewalks will be installed. Therefore, once the storm drains are in place, the sidewalks, curbs and gutters will all be reconstructed. Ms. Heller noted that currently the street is very dangerous for the children walking to Davidson School. Mr. Bernardi agreed, stating that the street had been designed with the old, very deep gutters at a time when there was no drainage system, but he noted that the whole system would be changed. Ms. Heller asked if there would be any room for a bicycle path along the street, as the children do ride their bikes to school. Mr. Bernardi stated he did not know what the street width was at that location, but he suspected that unless parking was removed, there would not be room for a bike path. He stated the street was not very wide at that location, and typically 12 feet are needed for parking space and a bike path, and an additional 12 feet for a vehicle travel lane, and he did not feel there was enough width on this street. Mayor Boro recalled there is a sidewalk on a portion of the left side of Woodland Avenue, and asked if it extended to the church? Mr. Bernardi responded that it did, as the Council had appropriated the funds for the sidewalk in partnership with the church. Mayor Boro asked if Mariposa was still a private street, and Mr. Bernardi responded that it had been at one time, but was now a public street and had been improved under the assessment district. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution approving the Environmental and Design Review Permit for a 6,583 square foot light industrial office building at 615 Lindaro Street. RESOLUTION NO. 9490 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A 6583 SQUARE FOOT LIGHT INDUSTRIAL/OFFICE BUILDING, 615 LINDARO STREET APN 013-061-49. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest.) (Councilmember Zappetini returned to the Council Chamber.) OLD BUSINESS ADOPTION OF RESOLUTION REGARDING SETTLEMENT OF ALLARDT'S CANAL CLAIM WITH HERBERT A. CROCKER & COMPANY, WILLIAM H. McDEVITT AND CAROL ANNE McDEVITT. (RE: ALLARDT'S CANAL CLAIM) (RA) - File 182 x (SRRA) R-25 Mayor Boro asked for the staff report, stating this was probably the oldest issue the Council has addressed, and noting it began in 1850. Acting Executive Director Jake Ours reported the Allardt's Canal settlements have been going on for quite a while, beginning with the Statehood Act of 1850 and a number of pieces of legislation that have been passed since that time. He explained that the Allardt's Canal was an old, historic canal that ran through the flatlands of San Rafael, was surveyed, and became property of the State of California. Mr. Ours reported that after the canal became the property of the State, the Corps of Engineers decided to straighten it, and dredged a new, straighter canal. However, some of the pieces and the loops of the old canal were outside of the newly dredged canal, and remained State land. Mr. Ours reported that over the years these remaining pieces of land have been filled and people have been using the filled land, but title companies will not issue title to these pieces of land unless there is a settlement of the State Lands Commission claims. Mr. Ours reported that this claim is the fifth or sixth claim that the City of San Rafael has settled, noting the City will likely receive a new claim every few years. Mr. Ours stated the City has been negotiating this particular claim for the past six years, and reported an agreement has been reached in which Herbert A. Crocker, William H. McDevitt and Anne McDevitt will dedicate an easement crossing their property to the City. Mr. Ours reported the easement would run in front of Dominic's, from Beach Park Road to an easement on the other side of Dominic's parking lot, which was negotiated in a settlement with George Dexter five years ago. Mr. Ours noted one of the things the State of California is looking for in all of these settlements is for the public to have the ability to use the waterfront, and Mr. Ours noted the City is gradually getting the whole waterfront put together. He stated there is one more acquisition at the end of the Grand Avenue Bridge that the City needs to obtain, and then the City would have the SRCC MINUTES (Regular) 11/6/95 Page 5 SRCC MINUTES (Regular) 11/6/95 Page 6 right-of-way along the Canal all the way to the point where it stops at the quonset huts. Mr. Ours stated this program is working toward the idea that someday a person could go all the way from the Grand Avenue Bridge to the Marin Rod and Gun Club on a City owned park path. Mr. Ours reported the McDevitt's and Mr. Crocker have also agreed to deposit $75,000 into the land acquisition fund that has been established with the State, wherein the City of San Rafael holds all of the money granted to us in these settlements, and can then use this money to acquire other suitable lands along the Canal. Mr. Ours reported the fund has reached $540,000, with the inclusion of this $75,000. Councilmember Heller asked how many parcels of land remain for the City to reach settlements on? Mr. Ours stated there were probably hundreds of parcels left, and that they reach all the way past Pickleweed Park, through the commercial boat harbor, past the Marin Yacht Club, and a number of residential areas. Mr. Ours stated settlements do not have to be reached on these parcels until someone wants to do something with their property that would require a title report. Ms. Heller asked if the $540,000 currently in the fund was specifically earmarked for the purchase of this property, or did the City have any leeway with this money? Mr. Ours responded that the funds could only be used for the purchase of property for the City, and only for property that was of a nature that would fit the guidelines of this public trust category. Councilmember Zappetini asked if the California Lands Commission was going to eventually be disbanded, and Mr. Ours responded that the function of the Commission would continue, although the name of the Commission may be changed. He also noted there continue to be cutbacks in staff, and their offices have relocated several times, making it difficult to reach them. Mr. Ours stated it would be very bad for the City if the Commission were to be disbanded, because the City would not be able to clear title on these pieces of land, and that would be an impediment to future development. Mr. Zappetini asked if the P.G. & E. property would fall into this category, and Mr. Ours responded that it would, stating that there are a number of these State Lands claims on this property that have not been settled. Mr. Ours reported there is only one member of the Commission serving the Northern California area, and it is very difficult to process the claims; however, he noted the City of San Rafael has had the most successful program of any city in the State. Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the Mayor to execute an agreement to settle a title dispute with Herbert A. Crocker & Company, William H. McDevitt and Carol Anne McDevitt. RESOLUTION NO. 9491 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT TO SETTLE A TITLE DISPUTE WITH HERBERT A. CROCKER & COMPANY, WILLIAM H. McDEVITT AND CAROL ANNE McDEVITT (Re: Allardt's Canal Claim). AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS 10. CITY COUNCIL REPORTS: RE: LEAGUE OF CALIFORNIA CITIES - File 9-11-1 x 9-1 Councilmember Heller distributed copies of the program agenda from the League of California Cities Legislative Implementation Briefing, which she had attended earlier in the day. Ms. Heller noted the types of legislative issues had been grouped into separate areas, and encouraged the Councilmembers to review the list and let her know if they would like her to discuss specific issues at the MCCMC legislative meetings, which begin November 20th. Ms. Heller reported this had not been a highly productive year in the State Legislature, noting there were only 860 pieces of legislation passed this year, and normally 1200 -1300 pieces of legislation are passed each year. She reported she had information on the right to vote on taxes, housing elements, legislative terms, and also had copies of the 1995 voting records, and noted she would be providing this information to the Councilmembers soon. There being no further business, the meeting was adjourned at 8:32 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1995 SRCC MINUTES (Regular) 11/6/95 Page 6 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/6/95 Page 7 SRCC MINUTES (Regular) 11/6/95 Page 7