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HomeMy WebLinkAboutCC Minutes 1995-12-04SRCC MINUTES (Regular) 12/4/95 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 4, 1995, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Absent: Barbara Heller, Councilmember Others Present: Suzanne Golt, Acting City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: REQUEST FOR CHANGE IN BUS ROUTE IN TERRA LINDA - File 101 (Verbal) Joe Marrino, 638 Bamboo Terrace, addressed the Council and stated he had led a petition drive to extend Bus Route No. 1 across Montecello and down Freitas Parkway, which would provide the first all -day expanded service to the residents of Terra Linda, and all residents of San Rafael who do business in that area. Mr. Marrino reported the petition had been given to Public Works Director Bernardi in September. Mr. Marrino felt this would be a great opportunity for the residents of Terra Linda, and urged the Council to schedule a hearing as soon as possible, noting John Loll of the Transit District had told him that the City must give approval to this project. Mr. Marrino reported the cost to expand this service would be $5,000, noting that for this amount the City would be bringing a lot of business into San Rafael, as well as providing access to all the residents of the City. Mr. Marrino stated that if the City does not take this opportunity to accept the $5,000 from the Transit District, the City will lose the funding, as Mr. Loll and the Transit District have other priorities for these limited funds. Mr. Marrino stated the alternatives to this plan would be very expensive, noting that if the service is not extended across Montecello, it would cost $18,200 for Monday through Friday service, alternatives would cost over $30,000 for Monday through Saturday service. He stated that by coming across Montecello, which would require one and a half minutes to pass by forty-three homes, the City would be serving many people, and he hoped the Council would give this issue full consideration and schedule a hearing as soon as possible. Mayor Boro stated he had spoken to Mr. Marrino prior to the meeting, and apologized for this matter having gone back and forth between the various agencies. Mayor Boro noted three different agencies were involved in this issue, the City of San Rafael, the Marin Transit Authority, and the Golden Gate Bridge District. Mayor Boro stated he had been pursuing this matter with the General Manager of the Golden Gate Bridge District, and was advised that the County of Marin was the contractual agency, and they were the ones that would make the decision on this issue. He noted the Board of Supervisors serves as the Transit Board, and would be the ones to hold a hearing on this issue. Mayor Boro stated that according to Mr. Marrino, it appears as though Mr. Loll, who runs the Transit Agency for the County, has stated that unless the City of San Rafael wants this expanded service to happen, he does not want to consider it. Mayor Boro stated it was his understanding that the City must first determine if the funding is available and then, if appropriate, conduct a hearing. He noted, however, the decision would actually be made by Marin County Transit and not by the City of San Rafael. Mayor Boro reported he had spoken with residents who live on Montecello who are opposed to the bus route being extended, and he had assured them that before any action was taken the City would notify the entire neighborhood so that the City could hear from all sides on this issue. Mayor Boro stated the City would get all three of the agencies together and begin the process, so that Mr. Marrino's request can be heard. CONSENT CALENDAR SRCC MINUTES (Regular) 12/4/95 Page 1 SRCC MINUTES (Regular) 12/4/95 Page 2 Councilmember Cohen moved and Councilmember Phillips seconded, to approve the recommended Action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Authorization to Call for Applications to Fill Approved staff recommendation; Vacancy on Planning Commission Due to Resignation a. Called for applications of Commissioner Bonnie Hough (CC) - File 9-2-6 with deadline for receipt Wednesday, 1/3/96 at 12:00 Noon in the City Clerk's Office. b. Set date for interviews of applicants at Special Meeting to be held on Tuesday, 1/16/96 at 6:00 PM (unexpired term to expire end of January, 1998. 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1688 - An Ordinance of the City of Ordinance No. 1688. San Rafael Amending Title 12 of the Municipal Code of the City of San Rafael by Amending Chapter 12.12 "Uniform Building Code" (1991 Ed.) by Adding Section 5109 - "Elevator Requirement in Housing for the Elderly and Persons with Disabilities" (PW) - File 1-6-1 x 13-1-1 x 13-16 5. Authorization to Close Library on Saturday, Approved staff recommendation. December 23 and Saturday, December 30, 1995 (Lib) - File 9-3-61 7. Resolution Authorizing Fire Chief to Execute Joint RESOLUTION NO. 9517 - Powers Agreement for Hazardous Materials Spill RESOLUTION AUTHORIZING THE Management (FD) - File 4-13-95 x 9-3-31 SIGNING OF A JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS SPILL MANAGEMENT. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The following items were removed from the Consent Calendar for discussion: 1. APPROVAL OF MINUTES OF REGULAR MEETING OF MONDAY, NOVEMBER 20, 1995 (CC) Councilmember Phillips stated he was abstaining from the minutes of November 20, 1995 as he was absent from the meeting. Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the minutes of the Regular Meeting of Monday, November 20, 1995. SRCC MINUTES (Regular) 12/4/95 Page 2 SRCC MINUTES (Regular) 12/4/95 Page 3 AYES: COUNCILMEMBERS: Cohen, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller ABSTAINING: COUNCILMEMBERS: Phillips (due to absence from meeting) 3. RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CERTIFICATE OF COMPLIANCE FOR McINNIS PARK APARTMENTS FOR BMR RENTAL AGREEMENT (RA) - File 229 Councilmember Cohen noted the misspelling of the City Clerk's name in the Resolution, and asked that it be corrected. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution authorizing the signing of a Certificate of Compliance for McInnis Park Apartments for BMR Rental Agreement, as amended. RESOLUTION NO. 9518 - RESOLUTION AUTHORIZING THE SIGNING OF A CERTIFICATE OF COMPLIANCE FOR McINNIS PARK APARTMENTS FOR BMR RENTAL AGREEMENT. (for year 1994) . AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 6. RESOLUTION APPROVING AGREEMENT WITH HILTON, FARNKOPF & HOBSON TO CONDUCT A STUDY OF THE COUNTY SOLID WASTE JPA AND EVALUATE ALTERNATIVES (PW) - File 4-10-283 x 13-2 x 115 Councilmember Zappetini stated he was abstaining from this item due to conflict of interest. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt a Resolution approving an agreement with Hilton, Farnkopf & Hobson to conduct a study of the County Solid Waste JPA and evaluate alternatives. RESOLUTION NO. 9519 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH HILTON, FARNKOPF & HOBSON TO CONDUCT A STUDY OF THE COUNTY SOLID WASTE JPA AND EVALUATE ALTERNATIVES. AYES: COUNCILMEMBERS: Cohen, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) PUBLIC HEARING: 8. PUBLIC HEARING - AMENDMENT TO TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), SECTION 14.05.020, LAND USE REGULATIONS FOR THE COMMERCIAL AND OFFICE DISTRICTS, TO DELETE MOTOR VEHICLE RENTALS (INCLUDING AUTOMOBILES, MOTORCYCLES, TRAILERS, TRUCKS AND RECREATIONAL VEHICLES) AS PERMITTED USE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT, CITY-WIDE (PL) - File 10-3 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 a report from Planning Director Robert Pendoley. Planning Director Pendoley reported the current Zoning Ordinance permits motor vehicle rental agencies as uses that are automatically allowed in the neighborhood commercial district, noting an application for a business license had recently been received and approved for just such a use, in the vicinity of Scotty's Market. He reported there was a good deal of neighborhood objection to this, which caused the Planning Department to study the issue. SRCC MINUTES (Regular) 12/4/95 Page 3 SRCC MINUTES (Regular) 12/4/95 Page 4 Mr. Pendoley stated staff recommended to the Planning Commission that the Ordinance should be changed so that those uses would no longer be allowed in the neighborhood commercial districts, and the Planning Commission agreed. Councilmember Cohen asked when this change would become effective, and Mr. Pendoley responded the Ordinance would first have to come back to the Council for a second reading and final adoption, which means the change would be in full effect in approximately six weeks. Councilmember Phillips asked, in the case of a business changing owners, would the current permits travel with the ownership or stay with the site? Mr. Pendoley stated the permission runs with the land, not with the ownership. Mr. Phillips asked if the permit was indefinite, and Mr. Pendoley stated that it was. Mr. Phillips asked if there was a way the permits could be issued for a specific period of time, and Mr. Pendoley stated it would be a very complicated matter to amortize land uses in that way. He felt it would be more difficult than it would be warranted, and noted that in this case, the City has had a lot of cooperation from the property owner. Mr. Phillips asked if there was any way to modify the Ordinance so that the permit could travel with the ownership, and Mr. Pendoley stated that this could not be done. Mayor Boro invited members of the public to address the Council regarding this issue. Todd Aaronson, 706 Del Ganado, addressed the Council, stating the members of the Terra Linda Homeowners Association have been involved in a "Fix the Ditch" project, seeing this as an opportunity to do something about the safety and security of their community. He reported the City, in particular the Mayor and some of the Councilmembers, have been very supportive. However, he stated that as the neighbors began to feel good about the positive action being taken in their area, they began to see signs for Ryder Trucks. Mr. Aaronson stated the residents did what they believed to be the right thing, and met with the shop owner, who agreed with them regarding certain safe and scenic criteria. Mr. Aaronson stated the residents were happy after meeting with the owner, feeling that their concerns had been addressed and the solutions were agreeable to everyone. Mr. Aaronson reported that, unfortunately, the owner did not keep the promises made to the residents, and they finally had to take this issue before the Planning Commission. Mr. Aaronson stated that, due to neighborhood unrest about the Ryder Truck situation growing out of control, the residents' favorite, most important business neighbor, Scotty's Market, has gotten caught in the cross-fire of this issue. Mr. Aaronson stated that enough was enough, and urged the Council to change the zoning laws so that no other community or business goes through what they have gone through. He stated that the Ace Hardware Store/Ryder Truck Rental business has lived up to their agreement, and everyone should be happy now. He urged the Council to please help the owner of Scotty's Market to continue to be successful, noting that all the residents want now is to see everyone do the right thing. Mayor Boro stated the issue of Scotty's Market was a separate issue, which the Planning Department would be reporting on at a later date. Mr. Pendoley stated staff was working on that issue, and hoped to bring it to Council in January. Gayden White, resident of San Rafael, addressed the Council, stating that in view of the fact that the City had already issued a permit to the owner of the Ace Hardware Store, he did not see why this should be amended so that the owner could not utilize that right. Mr. White stated there is no other truck rental facility in that section of the City, noting the nearest place to find a rental truck is in the area below Bellam Avenue. He stated that if there is a problem, the Planning Commission should look at the problem a little closer to determine what has actually precipitated this action, as he felt there was more to this issue than is being presented to the Council. Mayor Boro stated it was his understanding that the owner of the hardware store will be permitted to go forward with this use at the site, even though this would not be permitted at other locations. SRCC MINUTES (Regular) 12/4/95 Page 4 SRCC MINUTES (Regular) 12/4/95 Page 5 Carol Dillon, 855 Penny Royal Lane, addressed the Council, expressing her appreciation for what had been done to help the owner of Scotty's Market. She stated she believed the permit should be issued for Ryder Truck Rentals. However, she felt the big trucks should not be behind Bamboo Terrace on Sunday nights and Monday mornings, noting there were five big trucks there that morning. Ms. Dillon stated that four medium trucks would be one thing, but noted one must think of the neighbors on Bamboo Terrace and what they see when they look out of their kitchen windows. Joe Marrino, 638 Bamboo Terrace, addressed the Council, stating he was very pleased with the efforts of Steve Bianchini, Manager of Scotty's Market, since this unfortunate situation has occurred, noting he had a clean-up crew at the location and paid for the parking area to be cleaned. Mr. Marrino stated his main concern is the fire danger, and noted there is a ten foot planting strip behind the fences of the homes on Bamboo Terrace. Mr. Marrino reported the County's map shows a clear designation of ten feet from the fences, and he stated he did not want anyone parking on the planting strip with the rear end of the vehicles sitting on the brush, which is tinder dry and presents a real fire danger. Mr. Marino stated he had asked Mr. Pendoley to place signs stating that there was no parking on that strip, and noted that he had placed notes on the windshields of cars that he had found parked there. Mr. Marrino reported that when he asked Mr. Sherafat, owner of Ace Hardware Store, to keep his truck two feet from the wall, he complied with the request, and Mr. Marrino stated he was very pleased that he had. Mr. Marrino felt that this situation could be worked out, and urged the Council to consider placing "No Parking" signs along the planting strip. Mayor Boro asked Mr. Pendoley to look into the matter of placing the "No Parking" signs at the site. There being no further public comment, Mayor Boro closed the Public Hearing. Mayor Boro asked if the automobile leasing agency at 65 Medway had been noticed regarding this Public Hearing, and Mr. Pendoley stated that they had. Mayor Boro asked if the leasing use would stay with that location, and Mr. Pendoley stated that was correct. Councilmember Cohen asked if the change in the Ordinance meant that an increase in non -conformity use would no longer be allowed, once the new Ordinance takes affect? Mr. Pendoley stated that was correct, citing Ryder Truck Rentals as an example, and noting that they would not be able to increase the number of rental trucks from what they currently have. Mr. Cohen asked what would happen if they were to stop renting trucks for a period of time, and Mr. Pendoley stated that if they discontinued for a period of six months, the permit would be abated. Councilmember Phillips asked how many trucks Ryder Truck Rentals currently has, and Mr. Pendoley stated they have four trucks at this time, noting the owner has promised that he was not going to increase the number of trucks. Mr. Pendoley noted that once this Ordinance goes into effect, there would not be a legal right to add additional trucks. Mr. Phillips stated he was confused because he had heard conflicting references to Ryder Truck Rentals having both four trucks and five trucks. Mr. Pendoley stated the problem Ryder Truck Rentals was experiencing, especially on the weekends, was having people who have rented a truck from another location as a one-way rental, and then dropping off the truck at this location. Mr. Pendoley noted this has become a real management problem for Mr. Sherafat, and that he is trying very hard to work with the headquarters of Ryder Truck Rentals to get this under control. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION 14.05.020, TABLE 14.05.020, LAND USE REGULATIONS FOR THE SRCC MINUTES (Regular) 12/4/95 Page 5 SRCC MINUTES (Regular) 12/4/95 Page 6 COMMERCIAL AND OFFICE DISTRICTS, TO DELETE MOTOR VEHICLE RENTALS AS A USE PERMITTED BY RIGHT IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT." 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. 1689 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) Councilmember Cohen noted that a number of the issues that had arisen as a result of this situation really have to do with the overall management of that particular shopping center, and the relationship between the businesses. He felt that one role the City could play would be to try to bring all of the parties together to discuss this issue. He reported he had met with the owner of the automotive repair facility, which was one location that had been perceived as a problem, and noted the owner was very concerned with his relationship with the neighborhood. Mr. Cohen stated there had recently been a change in ownership of this facility, and reported the new owner was very eager to put the past problems behind them, and to work with the City and his neighbors to help do his part in cleaning -up the center. Mr. Cohen felt a coordinated approach was needed to clean-up the center and perhaps install some additional landscaping. Mayor Boro felt Mr. Cohen's point was well taken. He stated this was a very small center in relation to other centers in town, and noted the fact that it is owned by multiple owners causes a problem. He felt the City's hope is to be able to get all of the property owners and tenants together and treat this as one center. Mayor Boro stated he felt this would help, and believed there was enough motivation at this point from the neighborhood, as well as the tenants and property owners, to be able to accomplish this. He noted Mr. Pendoley is already pursuing this action. 9. PUBLIC HEARING - GENERAL PLAN AMENDMENT FROM THE GENERAL COMMERCIAL TO THE OFFICE LAND USE DESIGNATION; ZONE CHANGE TO AMEND THE PLANNED DEVELOPMENT (PD 1448) DISTRICT DEVELOPMENT STANDARDS TO CHANGE THE PERMISSIBLE USE FROM A RESTAURANT TO AN OFFICE; USE PERMIT; ENVIRONMENTAL AND DESIGN REVIEW PERMIT; AND NEGATIVE DECLARATION FOR A TWO-STORY, 37,000 SQUARE FOOT OFFICE BUILDING AT 1 McINNIS PARKWAY, SAN RAFAEL; AP NO. 180-410-06; JOE AND HEIDI SHEKOU, MAX AND BEATRICE GANRAHMAT, OWNERS; CECILIA BRIDGES, REPRESENTATIVE (Pl) - File 115 x 10-3 X 10-5 x 10-7 (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 a report from Planning Director Robert Pendoley. Planning Director Pendoley explained that the General Commercial Designation on this particular piece of property dates back to the early 1980's, when a Master Plan was proposed that included residential development on that portion of the property that is now Marin Lagoon, a motel or hotel where Embassy Suites is currently located, and a restaurant to be located at the front of the property. Mr. Pendoley stated that at the time the plan was first conceived, it was believed that the portion of the land where Embassy Suites is currently located would be used for a motel, noting that use would have been of lesser quality than we have now with Embassy Suites. Mr. Pendoley explained that at the time, it was also believed the restaurant designation would be used to serve the motel. He stated, however, a very high class hotel has been constructed, which has its own restaurant, and there has been no other interest in the construction of a restaurant on the front of this property. Mr. Pendoley reported that over the past couple of years the property owner has discussed the possibility of a General Plan Amendment to SRCC MINUTES (Regular) 12/4/95 Page 6 SRCC MINUTES (Regular) 12/4/95 Page 7 support an office complex, and the Planning Department encourages this. He stated that the Design Review Board had considered the design for the office complex and fully supported the proposal. He noted the General Plan Amendment and the Planned District, which were developed by the applicants, are extremely well conceived, extend the wetlands mitigation that was started at Marin Lagoon and Embassy Suites, and brought it to its natural conclusion at what is recommended to be the office property. Mr. Pendoley reported that at the Planning Commission hearings, the Planning Commission had been as favorably impressed as the Design Review Board had been, with the only issue to generate discussion being the issue of traffic impact. Mr. Pendoley noted the Planning Commission was particularly impressed with the fact that this project generates somewhat less traffic than a restaurant would, and in particular has a much more favorable distribution of traffic than would be the case with a restaurant. He reported that, accordingly, the Planning Commission felt comfortable approving the Negative Declaration for this project. Cecilia Bridges, attorney for the applicant, addressed the Council on behalf of the property owners of the remaining undeveloped parcel of Civic Center North, and reported they were very pleased to have such an outstanding, high quality plan before the Council, and noting this project will complete the plan for the Civic Center North properties. Ms. Bridges referred to the notebook presentation that had been distributed to the Councilmembers, along with copies of her letter dated November 29, 1995. She stated the Planning Commission and the Design Review Board had spent most of their time applauding this beautiful design by Ecklund & Zak, noting Shay Zak had done an outstanding job. She stated this will be a project that the City of San Rafael will be very proud of. She reported a scale model of the project was available for viewing. Ms. Bridges reported a summary of the project's long history was included in the notebook presentation, and that staff had also outlined this history in their report. She noted the project history included the formation of an assessment district to fund the Merrydale Overcrossing, and reported the improvements are now being constructed and are underway. She explained that this assessment district formation and the payment of the money in that assessment district are why this project has never been a part of the City's PPP (Priority Projects Procedures), which she felt was a very important fact to understand. Ms. Bridges referred to the Wetlands Habitat Enhancement and noted this project, like all of the other projects in the Civic Center North properties, respects the fifty foot buffer provided in the City's General Plan, and it will provide over 2,000 square feet of additional wetlands area as part of the site improvements. Ms. Bridges reported the only questions that had been raised at the Planning Commission regarding this project were questions concerning the traffic modeling of the project. She stated it was her understanding that these questions had not been brought to the Council, as they had all been answered for the Planning Commission and the public. Ms. Bridges stated that on behalf of the Civic Place Project Team, she was requesting the Council's approval of the General Plan Amendment and Zone Change, the Use Permit, and the Environmental and Design Review Permit for this project. Shay Zak, project architect, addressed the Council and reviewed the plans of the project with the Council. Mr. Zak distributed site photographs, samples of the slate to be used for the roofing, and a color palette and sample board which showed the various materials to be used on this project. Mr. Zak displayed the site plan and referred to the context drawing, which showed the entire McInnis Parkway area. He reported this was a site Ecklund & Zak were very familiar with, as they had done a number of studies for various other projects at this location. He stated this is a somewhat difficult location, as it is a long triangular site fronting Highway 101. He noted it is also a very visible site that SRCC MINUTES (Regular) 12/4/95 Page 7 SRCC MINUTES (Regular) 12/4/95 Page 8 everyone can see, so they must be concerned with what goes on the site. He stated Ecklund & Zak had looked at a number of studies, which included placing the project in the middle of the site, pulling the project toward the front of the site, and those where the building was pushed even further back on the site. Mr. Zak reported it was decided that placing the building in the middle of the site worked best from an overall site location point of view, noting that if the building were placed toward the front of the site it would be too close to the freeway, and the public would be looking down onto the building. He stated that although the site is visible from several different locations, the primary area of visibility is from the thousands of people who drive along Highway 101, particularly the Northbound traffic. He noted that the Southbound traffic has a view of the site, but not a good one, and typically the drivers are unaware of the site until they have already driven past it. Mr. Zak reported that due to the triangular shape of the site and some of the various forces acting on the property, they have broken -up the massing quite a bit, noting they have taken a 37,000 square foot building and broken it into several building components, in order to break-up the overall mass and reduce the scale of the building. He noted that along McInnis Parkway the building has been broken into three elements, with three different roof configurations, and they have developed a formal entry sequence for the front of the building, which is accented by an entry tower. Mr. Zak stated that from the beginning, they realized that one of the most important aspects of this project was the fact that you do tend to look down onto the building from a number of different areas. He noted that they ruled out a flat roof right away, which is what led them to develop the low -slung, hipped roof configuration, which in turn led them to choose the Vermont slate for the roof, as it is an excellent material that will work well with this type of design. Mr. Zak felt it was important to note that the two Autodesk buildings adjoining the project are three story buildings, and the tops of these buildings are at eye level to anyone driving Northbound on Highway 101. He noted that because the Civic Place building will have a peaked roof, the ridge of the roof will come up and screen the rear area of the building; therefore, the view from the freeway will be the hipped roof areas, and the motorists will not be looking down onto a flat roof. He emphasized that this was a very important consideration. In describing the style of the building, Mr. Zak reported they had wanted a very traditional type of building, and something that would work well with the variety of styles that were already in the area, noting there is quite a collection of different styles of architecture in the area. He stated they are proposing a brick building, and acknowledged that they had heard some criticism to using brick because there is not much brick in the immediate area. However, he stated they consider brick to be a very traditional San Rafael material, having strong roots in some of the older buildings in San Rafael, and being very civically oriented material. He also felt that because of the reddish/gold tone that was chosen, brick would work well in tying in with the colors of the surrounding hills. He stated the color of the brick is designed to be very natural and warm, and when you get closer to it you can feel the solidity of the material itself. Mr. Zak stated another very important aspect of using brick was that they were looking for materials that get better and richer with age, an important aspect which also ties in with the slate roof. Referring to the elevations, Mr. Zak reported they have used a repetitive arch concept. He stated there are certain aspects to the design which are similar to the Autodesk building; however, as this building is two stories rather than three, they have softened it with a low arch, which is somewhat reminiscent of the Frank Lloyd Wright Civic Center building. Mr. Zak stated that, overall, they feel this is a project that will stand the test of time and hold up very well in the area. Councilmember Cohen complimented Ecklund and Zak on their fine work, noting they had surpassed the City's expectations. There being no further public comment, Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) 12/4/95 Page 8 SRCC MINUTES (Regular) 12/4/95 Page 9 Councilmember Phillips referred to the small squares on the scale model of the building, and asked what they represented. Mr. Zak reported they were eight foot walls used to screen the building's machinery. Mr. Phillips asked if the tops of these screens and the equipment they shield would be visible from the freeway. Mr. Zak stated that motorists would not be looking down onto the equipment. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution certifying the Negative Declaration and approving the General Plan amendment. RESOLUTION NO. 9520 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CERTIFYING A NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT GPA95-1, 1 McINNIS PARKWAY; 180-410-06. AYES: COUNCILMEMBERS: Cohen, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and 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 CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE CIVIC CENTER NORTH AREA (RE: ZC95-3 - 1 McINNIS PARKWAY, AP 180-410-06) (CIVIC PLACE OFFICE PROJECT)." Councilmember Phillips 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. 1690 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) . Councilmember Cohen moved and Councilmember Phillips seconded, to adopt a Resolution approving the Use Permit and Environmental and Design Review Permits. RESOLUTION NO. 9521 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND USE PERMIT FOR A 37,000 SQUARE FOOT OFFICE BUILDING, 1 McINNIS PARKWAY, AP 180-410-06. AYES: COUNCILMEMBERS: Cohen, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of inter est) . (Councilmember Zappetini returned to the Council Chamber) 10. PUBLIC HEARING - CONSIDERATION OF A PROPOSED ORDINANCE AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING THE FOLLOWING CODES AND ADOPTION OF RESOLUTION OF FINDINGS OF FACT: CHAPTER 12.12 "UNIFORM BUILDING CODE, VOLUME 1, VOLUME 2, AND VOLUME 3" (1994 ED.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE" (1994 ED.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1994 ED.), CHAPTER 12.20 "ELECTRICAL CODE" (NATIONAL ELECTRICAL CODE, 1993 ED. AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1993 ED.) CHAPTER 12.26 "UNIFORM HOUSING CODE" (1994 ED.), CHAPTER 12.28 "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS" (1994 ED.), AND CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE" (1994 ED.) (PW) - File 1-6-1 x 1-6-2 x 1-6-3 x 1-6-5 x 1-6-6 x 1-6-7 Mayor Boro declared the Public Hearing opened and asked for the staff report. SRCC MINUTES (Regular) 12/4/95 Page 9 SRCC MINUTES (Regular) 12/4/95 Page 10 Public Works Director Bernardi reported this Ordinance adopts all the codes used by staff during the course of plan checking and building permit activity. He noted that changes have been made on Page 5, referring to roofing materials. He stated Item #2 shall read, "25o to less than 50% replaced, at the minimum a Class C roof covering shall be used"; and Item #3 shall read, "500 or more replaced - a minimum of Class A roofing system, which complies with the Uniform Building Code Standard 15-2, shall be used." Mr. Bernardi noted these changes make the City's Uniform Building Code consistent with the Uniform Fire Code. 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 moved and Councilmember Zappetini seconded, to adopt a Resolution of Findings of Fact. RESOLUTION NO. 9522 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5 AND 17958.7 RELATIVE TO THE ADOPTION OF THE 1994 UNIFORM BUILDING CODE. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING CHAPTER 12.12 "UNIFORM BUILDING CODE" VOLUME 1, VOLUME 2, AND VOLUME 3 (1994 ED.), CHAPTER 12.14 "UNIFORM MECHANICAL CODE" (1994 ED.), CHAPTER 12.16 "UNIFORM PLUMBING CODE" (1994 ED.), CHAPTER 12.20 "ELECTRICAL CODE" (NATIONAL ELECTRICAL CODE, 1993 ED. AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1993 ED.), CHAPTER 12.26 "UNIFORM HOUSING CODE" (1994 ED.), CHAPTER 12.28 "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: (1994 ED.), AND CHAPTER 12.32 "UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE" (1994 ED.) Councilmember Cohen moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1691 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 11. PUBLIC HEARING - CONSIDERATION OF A PROPOSED ORDINANCE AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING THE FOLLOWING CODE AND ADOPTION OF RESOLUTION OF FINDINGS OF FACT: 1994 UNIFORM FIRE CODE (FD) - File 1-6-4 - 9-3-31 Mayor Boro declared the Public Hearing opened and asked for the staff report. Fire Marshal Keith Schoenthal stated the Uniform Fire Code is a companion document to the Uniform Building Codes that have been passed to print. He reported the Uniform Fire Code was adopted in 1973, when Chief Marcucci was first appointed Fire Chief, and noted the Code has been re -adopted by the City Council every three years. Mr. Schoenthal stated there have been no major changes other than recommendations on the citation process, which were recommended by the City Attorney's office. SRCC MINUTES (Regular) 12/4/95 Page 10 SRCC MINUTES (Regular) 12/4/95 Page 11 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 Phillips moved and Councilmember Zappetini seconded, to approve a Resolution of Findings of Fact. RESOLUTION NO. 9523 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 17958.5, 17958.7, AND 18941.5 (c) RELATIVE TO THE ADOPTION OF THE 1994 UNIFORM FIRE CODE. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSIONS AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS." Councilmember Phillips moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1692 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller COUNCIL CONSIDERATION OLD BUSINESS: 12. STATUS REPORT ON SELECTION OF SEARCH FIRM FOR CITY MANAGER RECRUITMENT (Per) - File 9-3-11 x 9-1 Mayor Boro reported he and Councilmember Cohen have been working with Personnel Director Daryl Chandler on the selection of a search firm for the recruitment of a new City Manager. Mr. Chandler noted that December 14th, the date of the interviews of the final search firm candidates, is a Thursday rather than Wednesday, as shown in his report. Mayor Boro reported he, Councilmember Cohen and Mr. Chandler had developed a list of questions that each applicant will be asked to address in their overall presentation, and noted that if staff or Councilmembers had questions they would like to have presented to the candidates, now was the time to mention them. Mayor Boro stated the interview committee would spend perhaps fifteen or twenty minutes during each interview to ask any questions that arise as a result of each candidate's discussion, but noted they will primarily be looking at the answers each of the candidates will give to the four or five questions that will be presented to them. Mr. Chandler noted he had already informed the candidates that he will be forwarding a copy of the questions to them tomorrow, so each of them will have ample opportunity to prepare for their interview. Councilmember Zappetini moved and Councilmember Phillips seconded, to approve the staff report as presented. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro SRCC MINUTES (Regular) 12/4/95 Page 11 SRCC MINUTES (Regular) 12/4/95 Page 12 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 13. CITY COUNCIL REPORTS: a. RE: ANDERSEN DRIVE PROJECT - File 140 x (SRRA) R-347 x R-344 /\TF'T?T ZaT.I Public Works Director Bernardi reported the California Transportation Commission has allocated $7.3 million to the Andersen Drive project. He stated they will be calling for bids in mid-February, with bid openings in June. Mayor Boro noted there were several students in the audience, and asked which school they attended. One of the students stated they were students of Marin Catholic High School. Mayor Boro stated he appreciated that they had attended the Council meeting, and asked if they had any questions. One of the students asked if Item #7 on the Consent Calendar had passed, and Mayor Boro explained this item had been passed collectively with other items on the Consent Calendar. Mayor Boro noted it was Deputy City Clerk Patricia Roberts' birthday, and led staff and Councilmembers in singing Happy Birthday. There being no further business, the meeting was adjourned at 8:50 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/4/95 Page 12