Loading...
HomeMy WebLinkAboutCC Minutes 1989-03-20SRCC MINUTES (Regular) 3/20/89 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 20, 1989 AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File .4.1.a No labor negotiations discussed. No. 89-5 (a) #1 - Katherine North vs. City of San Rafael. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 20, 1989 AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Item 3. Extension of Subdivision Agreements for Oakwood Sub- division Unit 5 (PW) - File 5-1-244 4. Bid Opening and Award of Contract - 1313 Fifth Avenue (Prefabricated Building) (PW) - File 4-2-236 6. ED88-92 & s88-15 - Appeal of Planning Commission Decision Certifying Negative Declaration and Conditionally Approving Addition of Seven Units to an Existing Single Family Home and a Duplex and Consolidation of Two Parcels; 29-33 Brookdale Avenue; Pedersen Revocable Trust, Owner; Dale Pedersen, Rep.; AP 11-093-03 & 04 (P1) - File 10-7 x 10-8 7. s87 -10(a) - Appeal of Planning Commission Decision Certifying Negative Declaration and Condi- tionally Approving Three Lot Subdivision; One Highland Avenue; Jim Skaar, Owner; Mike Burgess/ Dietrich Stroeh, Rep.; Montecito 'Neighborhood Assn., Appellant; Jeff Mulanax, Spokesperson; AP 15-202-37 (Pl) - File 10-8 Recommended Action RESOLUTION NO. 7924 - EXTENDING TIME FOR COMPLETION OF SUB- DIVISION IMPROVEMENT WORK IN OAKWOOD UNIT 5, SAN RAFAEL, CALIFORNIA THROUGH OCTOBER 11, 1990 RESOLUTON NO. 7925 - AWARDING CONTRACT FOR 1313 FIFTH AVENUE (PREFABRICATED BUILDING) TO EMPIRE WASTE MANAGEMENT, IN AMOUNT OF $96,782. (Only bid received) City Council set Public Hearing for April 3, 1989. City Council set Public Hearing for April 3, 1989. 8. Renewal of Contract with Deloitte, RESOLUTION NO. 7926 - AUTHORIZING Haskins & Sells for Audit Services SIGNING OF A CONTRACT WITH DELOITTE, for the City of San Rafael (Fin) - HASKINS & SELLS FOR AUDIT SERVICES, File 8-1 SUBJECT TO APPROVAL BY THE CITY ATTORNEY (One year - 1988/89) SRCC MINUTES (Regular) 3/20/89 Page 1 SRCC MINUTES (Regular) 3/20/89 Page 2 9. Resolution Amending Resolution RESOLUTION NO. 7927 - AMENDING No. 7235 Pertaining to Compen- RESOLUTION NO. 7235 WHICH PERTAINS sation of Temporary, Intermittent TO COMPENSATION FOR PART-TIME, and Seasonal Workers (Effective TEMPRORARY, INTERMITTENT AND July 1, 1989) - File 7-3 x 8-5 SEASONAL WORKERS (Effective July 1, 1989) 10. Resolution of Appreciation RESOLUTION NO. 7928 - RESOLUTION Honoring San Rafael High School OF APPRECIATION HONORING SAN Boys Basketball Team Champions RAFAEL HIGH SCHOOL BOYS BASKETBALL of the North Coast Section of the TEAM CHAMPIONS OF THE NORTH COAST California Interscholastic SECTION OF THE CALIFORNIA INTER - Federation (CM) - File 102 SCHOLASTIC FEDERATION 11. Resolution Establishing Average RESOLUTION NO. 7929 - TO ESTABLISH Cost of a Buildable Park Acre in THE AVERAGE COST OF A BUILDABLE San Rafael per Urgency Ordinance PARK ACRE IN SAN RAFAEL PER No. 1558, Parkland Dedication ORDINANCE NO. 1558, PARKLAND Ordinance (Rec) - File 9-3-65 x DEDICATION ORDINANCE (At $218,664) 9-3-66 12. Legislation Affecting San Rafael (CM) - File 9-1 13. Claims for Damages: a. Wayne Jose (PW) Claim No. 3-1-1393 b. Mr. & Mrs. Tim Sullivan (PW) Claim No. 3-1-1342 Approved staff recommendation to: Support AB 357 (Roos) Ban on Sale of Semiautomatic Firearms. Approved City Attorney's recommendations for denial of claims a and b. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. APPROVAL OF MINUTES OF SPECIAL JOINT MEETING WITH SAN RAFAEL BOARD OF EDUCATION OF FEBRUARY 23, 1989, AND SPECIAL MEETING OF MARCH 7, 1989 (CC) - File 9-2-1 x 9-1 Councilmember Breiner stated that Marlene Jones should be included as being present at the Special Joint Meeting between the San Rafael Board of Education and the City Council, and referred to Item 13 -Estab- lish Dates for City/School Liaison Committee Meetings, stating that representatives from the Dixie School District should be included as participants. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve Minutes of the Special Joint Meeting with the San Rafael Board of Education of February 23, 1989, as amended, and Minutes of Special Meeting of March 7, 1989, as submitted. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Thayer and Mayor Mulryan (from approval of Minutes of Special Joint Meeting of February 23, 1989 only, due to absence from meeting). 5. AUTHORIZATION TO CALL FOR BIDS FOR STREET RESURFACING PROJECT - 1989 (PW) - File 4-1-425 In response to Councilmember Boro's question on the backlog of street resurfacing, Mr. Bernardi referred to Number 16 (Minor Court) stating it has not been repaved since it was built 26 years ago. He noted the City is $5 million behind in paving, noting once the deficit is made up it would take $1 million per year to keep up with street paving. Mr. Bernardi stated two years ago a study was completed on all streets in the City called "Pavement Management Program", that evaluated the surface conditions and structural sections of all streets. He stated a computerized list was put together and staff is working down that list. SRCC MINUTES (Regular) 3/20/89 Page 2 SRCC MINUTES (Regular) 3/20/89 Page 3 Councilmember Boro moved and Councilmember Frugoli seconded, to autho- rize staff to call for bids for Street Resurfacing - 1989. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PRESENTATION OF RESOLUTION OF APPRECIATION HONORING SAN RAFAEL HIGH SCHOOL BOYS BASKETBALL TEAM CHAMPIONS OF THE NORTH COAST SECTION OF THE CALIFORNIA INTERSCHOLASTIC FEDERATION - File 102 Mayor Mulryan congratulated Coach Bret Tovani and the San Rafael High School Boys Basketball Team Champions for their undefeated record in the League Play, noting they were Round Robin Champions of the Marin County Athletic League; also the North Coast Section Champions of the California Interscholastic Federation and that they advanced to the semi-finals of the Northern California CIF Championship. He then presented them with a Resolution of Appreciation and issued pins of the City of San Rafael to each player, as follows: Roger Sweeney, Mike Read, Mike Brovelli, Zonk Wright, Chet Aldridge, Andy Capdarest, Scott Sellars, Jeff Klein, Chris Collins, Chris Moore, Jonas Mentjox and Dave Dineen. 15. BOARD OF APPEALS HEARING - 1301-1311 FOURTH STREET RE ABATEMENT OF DANGEROUS BUILDING (PW) - File 3-3-44 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated building permits have been issued and construction is now underway at 1301-1311 Fourth Street. As there were no comments from the public, Mayor Mulryan continued the public hearing to May 15, 1989. 16. PUBLIC HEARING TO CONSIDER REQUESTS BY: - File 4-3-32 (a) MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION SERVICE AND DEBRIS BOX SERVICE WITHIN THE CITY OF SAN RAFAEL. (b) MARIN RECYCLING AND RESOURCES RECOVERY ASSOCIATION FOR A RATE INCREASE FOR THE CURBSIDE RECYCLING PROGRAM Mayor Mulryan declared the public hearing opened. Finance Director Coleman stated last time a rate increase was granted, one of the conditions was that an independent review be done of the rate structure of Marin Sanitary Service and Marin Recycling because Marin Recycling had two operations, one regulated and one not. The City wanted to find out if all of the costs were being evenly distributed between regulated and non-regulated divisions of the company and for the first time Marin Sanitary Service wanted to make a distinction between garbage collection rates and debris box rate. When they came in for a special review process in February, 1988 for debris box rates, a condition was made with that increase to have an independent increase rate study done and Touche Ross was selected to do the study. Mr. Coleman noted that Marin Sanitary Service and Touche Ross are in agreement with the study except for the following: 1) Officers' Salaries; 2) Route Auditors and 3) Legal Fees. Touche Ross feels in the case of the Officers' Salaries and Route Auditors, that the existing cost Marin Sanitary Service is charging is high and they have disallowed some of that cost. Touche Ross has made no recommendation regarding Legal Fees but feels that under certain conditions Legal Fees should be included and under other conditions that certain legal fees should not be included. Mr. Coleman noted if Council accepted the Touche Ross report and the Legal Fees should not be included, Council would be facing a 4 percent increase for garbage rates and a 3.1 percent decrease for debris box rates. Mr. Gary Brayton of Touche Ross, stated over the last four months they have assisted the City in designing a regulatory rate system which applies detailed historic costs of both unit usage and unit costs in determining a base and then making a projection using publicly available assumptions that are clearly documented, making it reasonably easy for both the City and Marin Sanitary Service to understand future changes in the rates. He noted although there is no complete agreement SRCC MINUTES (Regular) 3/20/89 Page 3 SRCC MINUTES (Regular; 3/20/89 Page 4 on the allowable costs, both parties understand where the differences are. He noted Touche Ross has made a recommendation in all areas with the exception of the legal fees, noting they do not have access to sufficient history and background to be able to take a position. In response to Mayor Mulryan's question concerning removal of legal fees from the cost basis, Mr. Brayton stated the legal fees were allo- cated across both residential and commercial as well as the debris box. They were not specifically allocated to debris box. The general thinking was, that if the City, in fact, participated in the process that resulted in the (law) suit, that, in fact, was part of the regulated rate setting process and all citizens should bear some of that cost. He noted one could make an argument that since the suit involves only the debris box, that the responsibility lies there, noting it is a judgment issue at this point. In response to Councilmember Boro's question about what Touche Ross would need to make a determination on the legal fees, Mr. Brayton indicated it was beyond their scope of work, noting he is a Management Consultant and the firm are public accountants. He indicated the legal issues that determine whether the legal fees should be assessed were not part of what Touche Ross was asked to perform. In response to question from Councilmember Thayer concerning the recom- mendation to reduce the wages of the Route Auditors, Mr. Brayton stated it was their opinion that it would be more efficient to have someone as a full-time employee perform the work that is now being done by the partners' wives. Their recommendation for having a Financial Adminis- trator was in conjunction with their general opinion that Marin Sanitary Service does not have personnel right now to efficiently administer its finances. Albert Bianchi, Attorney for Marin Sanitary Service, indicated they disagree with Touche Ross' analysis in three respects, noting he was prepared to make a presentation on those items this evening. He indicated however, that he and Attorney Charles Kagay who represents Mr. Fred Grange, a competitor in the debris box service, have not had enough time to analyze the Touche Ross report and recommendations of the Finance Director and that his clients have no objection in continuing this hearing to a later date. Mayor Mulryan stated a letter has been received from Mr. Grange's Attorney, Charles kagay, raising a number of questions that he believed could not be answered tonight, and suggested this matter be continued to the Council meeting of April 17, 1989. Councilmember Thayer referred to inclusion of the land in the regulated base, asking if it would result in a benefit to the ratepayer should the land be sold, and why the land has not been included and how can it be rented without being so? Mr. Bianchi deferred to Mr. Brayton for an answer, noting there are several ways for this to be handled and considered in part or in whole as part of the tax base, noting there are some relevant reasons for not having this done. Mr. Brayton stated the reason they recommended against bringing the land into the rate base was because at some future point, if the company decided to sell the land, the capital gain that would accrue from that sale would be the ratepayer's capital gain and at that point you have entered into a joint ownership of this property. Their recom- mendation would be that we determine what a fair rental value of the land is for the part that is involved in the usage of Marin Sanitary's activity and that divorces this issue of ownership and who gets the benefit of a future capital gain. Councilmember Breiner stated she would like to keep the base for the regular garbage collection as low as possible, asking that this be brought back at the next meeting of April 17, 1989 for discussion. Councilmember Boro asked what would the impact be on the overall garbage collection rates if the legal fees were kept exclusively with the debris box, and requested this be brought back at the next meeting. Mr. Bianchi noted one of the major issues in the litigation has to do with the date of closure of the San Quentin Dump, which was regulated by the City, and the date of opening of the Marin Sanitary Service Dump, which was also regulated by the City. He stated that issue is SRCC MINUTES (Regular) 3/20/89 Page 4 SRCC MINUTES (Regular) 3/20/89 Page 5 mixed in with the further question of the regulation or non -regulation by the City of the debris box rates of Marin Sanitary Service in the past, so it is not a completely separate, clean cut situation. Charles Kagay, Attorney representing Mr. Fred Grange, stated he did not have anything to add at this time and agreed to have this matter discussed at the next meeting of April 17, 1989. RECYCLING Mr. Bianchi stated they are not ready to go forward at this time, indicating they have met with a committee of various City Managers in Marin County, and have a meeting scheduled for March 29, 1989, noting they hope to have some consistency throughout the County in the way the recycling charges are analyzed and handled. He stated they will be prepared for the Council meeting of April 17, 1989. There being no further comments, Mayor Mulryan announced that the public hearing would be continued to April 17, 1989. 17. BOARD OF APPEALS HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF CHAPTER 35 (SOUND TRANSMISSION CONTROL) APPENDIX CONDITION (i) OF UNIFORM BUILDING CODE AT 1015 SECOND STREET RE SOUNDPROOFING OF NEW JERUSALEM CHURCH, AP #12-075-06 (PW) - File 1-6-1 x 9-3-40 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated Council, sitting as the Board of Appeals, is to consider whether or not to waive the requirements of Chapter 35 of the Uniform Building Code, noting a condition was added to the Conditions of Approval for the subject area requiring soundproofing between the church and residential units be installed in accordance with the UBC. The Appellants appealed this condition, but staff has found it not appropriate to waive the sound transmission requirements. Regarding parking, Principal Planner Johnston stated the Applicants have been notified of this concern and believed the situation has been somewhat improved. He noted the City's Code Enforcement Officer has been on the scene sometimes as late as 9:00 PM, and stated it appears they are complying. If the conditions are not met, this item can come back to the Planning Commission for revocation or modification. Mr. Johnston stated the church is operating with the capacity of 49 persons which is in the Uniform Building and Fire Code provisions. To exceed this amount, an additional exit would need to be installed with some improvements and if exceeded, it would immediately be brought back to the Planning Commission. Reverend Jose Garcia stated they are trying to comply with what is expected of them. He indicated they accept the requirement to do the soundproofing, but are seeking having the owner invest in the improve- ment of the building. Councilmember Breiner asked if assigned parking has been designated for the tenants and Mr. Johnston stated there are 7 existing parking spaces and 4 apartments. He stated the Use Permit requirement is for 4 parking spaces after 5:00 PM. Mrs. Breiner stated a sign should clearly designate parking spaces and show who it is designated for and asked if this could be done. City Attorney Ragghianti stated unless the Applicant was brought to Council for parking reasons, he did not think this could be done stating Applicant has the opportunity for notice and due process to a hearing, noting this was not the basis for the appeal. Mr. Ragghianti stated if staff wished to modify the parking provisions of the Use Permit, it would have to be a subsequent action. Councilmember Boro stated he was not comfortable with the soundproofing aspect, and referred to a report to the Planning Commission in February which speaks to condition (i), that the required soundproofing plans be submitted for review to the Building Department within 15 days of this approval, with the soundproofing to be done within 45 days of this approval. Mr. Boro indicated the Applicant needs to understand that the soundproofing needs to be done and if the landlord is not willing to do it, the burden falls on the Applicant. SRCC MINUTES (Regular) 3/20/89 Page 5 SRCC MINUTES (Regular, 3/20/89 Page 6 Reverend Garcia stated he understood that they need to have the sound- proofing done and that they are doing everything possible to contact the owner. There being no further comments, Mayor Mulryan closed the public hear- ing. Councilmember Breiner moved and Councilmember Boro seconded, to deny the appeal, and directed the Appellant to have a soundproofing plan into the City within 15 days. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None In response to Councilmember Frugoli's question if the hours of the church's operation could not be discussed tonight, would they need to be treated in the same way as the parking issue, City Attorney Ragghianti answered affirmatively. Mr. Frugoli stated he thought that on most Use Permits, hours of operation were given, and noted since there are residents over the church that this item come back for Council consideration to amend the Use Permit for the hours of the church operation. Mr. Johnston stated the condition discusses the soundproofing require- ments and references Section 8.12.150 which limits creating loud noises between the hours of 9:PM and 7:AM. He indicated this is the point where the meeting could not take place if it created a disturbance to the residents of the building. Councilmember Breiner stated here is a situation where use of a building began before the legal Use Permit was applied for, and asked staff if this is common in other communities or is an occupancy usually contingent on receiving a valid Use Permit before the fact. City Attorney Ragghianti responded the latter is accurate. He noted the Land Use Law requires that the Use Permit be obtained when the Zoning Ordinance requires it prior to the use commencing. Mr. Ragghianti stated it is not common, but from time to time someone embarks upon a use or exceeds a permitted use that results in a hearing such as tonight, noting this is not the rule but rather, an exception. Councilmember Breiner asked whether the hours and parking were to be brought back to Council for review for revisions, and Mr. Johnston responded that the Planning Commission would first need to hear a request to modify the Use Permit and that an appeal would be made if it was not satisfactory. Also, Mr. Johnston pointed out the last condition of the Use Permit states that failure to install the sound- proofing will require that all use of the property for the church be halted until the sound improvements are resolved. Mr. Ragghianti stated, and Mayor Mulryan agreed, if the soundproofing plan is not submitted and approved within the time frame, the Use Permit ceases and the use of the property as a church stops. Ms. Yadira Ponce, a member from Assembly of Christian Churches felt all regulations are being directed to the church. She recalled two weeks ago when she attended a church service, that the people upstairs made so much noise they could not have the service. She stated they will try to keep their commitment to have the soundproofing plan pre- sented to the Building Department in 15 days, but noted that something needs to be done about the tenants upstairs. 18. PUBLIC HEARING - 89-4 - AMENDMENT TO TITLE 14 (ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE ADDING SECTION PROHIBITING USES, DENSITIES AND INTENSITIES, AND DEVELOPMENT STANDARDS WHICH ARE INCONSISTENT WITH THE SAN RAFAEL GENERAL PLAN 2000 (P1) - File 10-3 x 10-2 x 115 Mayor Mulryan declared the public hearing opened. Senior Planner Freitas stated this proposed text to the Zoning Ordinance clarifies that building permits must be consistent with the General Plan. Section 303(a) of the Uniform Building Code permits issuance of building permits only if they comply with "pertinent laws and ordi- nances" which would clarify that building permits, as well as other SRCC MINUTES (Regular) 3/20/89 Page 6 SRCC MINUTES (Regular, 3/20/89 Page 7 discretionary zoning permits have to be consistent with the General Plan. She noted this approach is consistent with other State laws requiring zoning and subdivision approvals to be consistent with the General Plan. Ms. Freitas said staff's recommendation is to certify the prior General Plan EIR covering impacts of zoning text amendments and to adopt the proposed ordinance changes. There being no comments from the public, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7930 - CERTIFYING USE OF A PRIOR EIR FOR AN ORDINANCE TO AMEND TITLE 14 (ZONING) OF THE MUNICIPAL CODE PERTAINING TO GENERAL PLAN CONSISTENCY AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING SECTION 14.04.070 TO THE ZONING ORDINANCE PROHIBITING USES, BUILDING INTENSITIES AND DENSITIES, AND OTHER PROVISIONS SUCH AS HEIGHT LIMITS NOT CONSISTENT WITH THE ADOPTED GENERAL PLAN 2000" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1560 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. PUBLIC HEARING - P89-3 - AMENDMENT TO TITLE 15 (SUBDIVISION ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO SLOPE PROVISIONS (P1) - File 10-3 x 10-6 Mayor Mulryan declared the public hearing opened. Senior Planner Freitas stated last month Council had concerns regarding the City's existing Slope Ordinance because it does not specifically address lots with slopes over 40 percent. Council indicated that Slope Ordinance revisions should be of higher priority and wanted to know how long it would take to implement stronger hillside development standards that would be more consistent with the General Plan. The Council instituted a four week "administrative freeze" on accepting new hillside subdivisions involving lots over a 40 percent slope and gave staff a month to come up with a report on an Ordinance. Ms. Freitas stated that after reviewing several Hillside Ordinances and in discussions with other cities, Planning staff concluded that developing comprehensive hillside development standards would take 6 months or more to develop an Ordinance. In the interim, Ms. Freitas said a hillside moratorium could be imposed on new Hillside Subdivision applications until a new Ordinance is adopted; or, the most pressing concern of lots over 40 percent could be addressed through Ordinance revisions, then proceed with comprehensive revisions to Hillside Develop- ment Standards early in the next budget cycle. Staff originally proposed to preclude new lots with slopes over 40 percent until new standards were developed, but the Planning Commission disagreed. Instead, Planning Commission unanimously recommended revising the Ordinance to provide design review of all Hillside Subdivisions involving lots with over 40 percent slopes and to reference General Plan Policies applying to hillside development until comprehensive Hillside Standards are developed. Ms. Freitas stated three portions of the Ordinance are proposed to be amended tonight. The "objectives" section of the Slope Ordinance is revised to include Public Health and Safety as well as aesthetic rationale. Section 15.34.020 is revised to include new language, that subdivisions with lots over 40 percent shall be reviewed on a case by case basis against the General Plan policies, which are referenced in the Ordinance and subjected to design review. In addition, Subsection C is altered to eliminate the option of grading a lot in order to SRCC MINUTES (Regular) 3/20/89 Page 7 SRCC MINUTES (Regular. 3/20/89 Page 8 reduce the slope standards and some clarifications are proposed to assure that private streets, as well as individual driveways do not have grades greater than 18 percent for adequate emergency access. Ms. Freitas stated because of high staff workloads, it is recommended that a consultant be hired in the next budget cycle to prepare Hillside Development Standards. She indicated the Slope Ordinance product would be superior if handled by a consultant having direct experience with such ordinances. The estimated cost to complete a draft Hillside Develop- ment Ordinance to include Development Standards dealing with erosion, grading, roadways, retaining walls and landscape guidelines, is $15,000 to $25,000. In response to Councilmember Thayer's question of whether many cities prohibit development on slopes over 40 percent, Ms. Freitas stated this is true, noting it was discussed with the Planning Commission, but they did not want to signal, on an interim basis, that 40 percent was the direction staff was heading toward when a comprehensive look might suggest another way. Harry Winters, President of West End Neighborhood Association stated the Planning Commission's recommendation for an interim modification of the present Slope Policy lead the Council to ask for a 30 day suspen- sion of approvals until the present Slope Ordinance could be revised on a short-term interim basis. He said a stronger interim policy would then be in affect until a more careful Slope Policy could be developed. Mr. Winters stated the Planning Commission addressed their earlier objection to the fact that there were no specific policies for sites exceeding 40 percent, but declined to adopt their proposal to strengthen the chart from 10 to 40 percent which also was one of their concerns. He pointed out that most jurisdictions have a 40 percent slope of one acre, rather than 20,000 feet which is less than half an acre. He noted the slope chart should be strengthened by progressively increasing the lot sizes to a 40 percent slope; therefore, you have a one acre size lot instead of 20,000 square feet. Mr. Winters proposed that Council add this to the Planning Commission's recommendation. Mr. Winters indicated Planning Director Pendoley stated a good Slope Policy and control of building on steep slopes should not depend on a simplistic chart because of the many variables involved. He agreed with Mr. Pendoley, but noted on an interim basis they are "stuck" with a simplistic formula type arrangement. He said Council should lean on the stronger side, noting that if it is anticipated in the community at large that there is to be a stronger and more comprehensive Slope Policy later, without strengthening this chart, there may be an acceleration of applications for developing steep slopes during the interim period. Mayor Mulryan stated the language suggested by staff is an extension of the chart rather than the altering of the chart itself. He asked how strenthening the chart would add to staff's suggestion, and Mr. Winters stated the Planning Commission's recommendation addresses everything from 40 percent up, and he is addressing everything from 10 to 40 percent in addition to that. Ms. Freitas stated the Planning Commission would have the same reaction to the prohibition on slopes over 40 percent, noting they discussed Mr. Winters' recommendation about increasing the lot widths, stating this should be part of the comprehensive look of the Slope Ordinance. In response to Councilmember Thayer's question regarding the General Plan Land Use Planning, where hillside residential consisting of .5 to 2 units per acre is adhered to, Ms. Freitas responded that in areas recently designated for Hillside Residential Density, the land would to developed within that range and not above it. Principal Planner Johnston mentioned the Skaar subdivision as an example, and stated it is on a very steep hillside but is not desginated as Hillside Resource or Hillside Residential, and is actually Low Density Resential. He noted that specific site conditions should be looked at when the comprehensive rezoning is done. He pointed out that the Slope Ordinance has a provision in it that allows exception to any standards contained in it, and that clustering of lots occur when a PD zoning is proposed, what is indicated in the chart. He stated the thought behind this SRCC MINUTES (Regular) 3/20/89 Page 8 SRCC MINUTES (Regular) 3/20/89 Page 9 is, there is a trade off by having smaller lots at the more developable portion of the site and the portion highly visible for open space is maintained for open space, whether it be dedicated or private ease- ments. City Attorney Ragghianti stated if staff is to broaden the new section of the Slope Ordinance, the meeting would be continued and the Adminis- trative Freeze would remain in effect. Perry Litchfield, Attorney, indicated the Planning Commission had considerable debate and there was a consensus that they were acting too hastily in imposing restrictions, noting he is concerned that this has not had enough time for public input. Ms. Freitas stated if staff is to look at revising the size of lots between 10 and 40 percent, then there will be several applications that are in preliminary stages or have recently been filed, but not complete, that would be affected by any change to a 36 percent lot that now is required to have 18,000 square feet, but in the future would need to be 25,000 square feet or larger. She noted anything over 25,000 square feet hillside subdivision, might require being looked at. Mr. Litchfield stated his clients' project is one set forth by the Subdivision Map Act and asked for clarification of projects in the application stage for a number of months or years, where considerable amount of work has been done in order to satisfy geotechnical and other concerns. He noted a new Ordinance coming along and applied at this point, would knock out lots or entire subdivisions. City Attorney Ragghianti responded that the Map Act permits the City to apply these new standards to a subdivision that has not received approval, yet where provisions of the Map Act, Section 66474.2 have been complied with. He stated notice has been published of the intent to modify the provisions of the Ordinance which is required under the Map Act in order to apply standards which have not been adopted but will be and are in affect prior to the time the subdivision appli- cation is complete. Ms. Freitas referred to the Meyer Road Subdivision, Mr. Litchfield's client, stating the Tentative Map has been complete for some time, and in accordance with the map freezing provision, the standards that were in affect at the time the map was complete may be applied. Mr. Ragghianti stated he was not aware that Mr. Litchfield's client had a complete application in effect, and mentioned this would not apply. In response to Mr. Litchfield's question if for any reason the applica- tion had to be resubmitted because modifications were requested by the Council or Planning Commission during the review process that this would not apply to it, Ms. Freitas stated if the project was denied and resubmitted, the new standards would apply. She noted there is an exception section to the Subdivision Ordinance that allows excep- tions to any of the standards in the Subdivision Ordinance. Ms. Victoria DeWitt of West End Neighborhood stated the purpose of the interim Slope Ordinance is to strengthen the Slope Policy and noted the research done by Mr. Winters indicated they have one of the weakest Slope Ordinances in the Bay area. She noted there should be no subdivisions over the 40 percent slope. In response to Councilmember Thayer's question regarding the rezoning and conformity with the General Plan and if it will be rectified by designating certain areas as hillside residential as opposed to low density, Ms. Freitas stated in areas designated Hillside Residential or Hillside Resource Residential, zoning will conform and larger lot sizes will be required in those areas than in this area. Ms. Freitas stated the problem with the Slope Ordinance is it does not match the General Plan densities in some areas. She stated there are situations with infill lots where one does not want to spot -zone a one three acre parcel that might be a very steep slope. In these areas, a Slope Ordinance would have provisions for larger lot size or other specific criteria would apply and add to the zoning in that area. SRCC MINUTES (Regular) 3/20/89 Page 9 SRCC MINUTES (Regular) 3/20/89 Page 10 Mr. Dennis Fishwick, spoke on behalf of Jeff Mulanax, spokesperson for Montecito Neighborhood Association, referring to the use of ease- ments over properties which in effect lowers the square footage avail- able for development and asked that the following be added: 1) Road easements, whether private or public, be excluded from the square footage calculation for the square footage for the slope; 2) asked Council to strenghten the Slope Ordinance regarding frontage. 3) In regard to terrain, certain parcels of the land, (say there is a body of water or large rock outcropping) which cannot be developed, should not be included in the calculations of square footage. 4) Have a limit of 40 percent for the slope; however, if that is not the case, the scale should continue the square footage and increase in size of property, both width and depth. There being no further comments, Mayor Mulryan closed the public hearing. Mayor Mulryan suggested using Ms. Freitas' figure, have staff review it and bring it back to Council for amendment to read over 25 percent on a case by case basis. Ms. Freitas suggested wording..."Subdivisions with lots over 25 percent will be reviewed on a case by case basis and lot sizes increased if needed to assure the General Plan criteria..." Councilmember Breiner suggested revising wording under "B"..."Any lots created for the purpose of development where the percent of slope is between 25 to 40 percent, shall be reviewed on a case by case basis..." Then, "Any slope of 40 percent would be permitted in the interim period only for a lot that has a minimum size of one acre". She stated someone has the possibility of building if the lot meets that one acre minimum for the interim period or has the option of waiting to see if there is a change. Therefore, it would not be totally precluding, but is setting a strong interim standard for a lot that is as steep as 40 percent. The Public Health and Safety issue overtakes the disconcerting part to the property owner who is also contending with the water issue. Mrs. Breiner stated there is too much at stake for the City's liability to deal with steep lots, noting she would not feel comfortable permitting development even on a case by case basis, using the current graph of 40 percent. Mayor Mulryan accepted Councilmember Breiner's comments and asked staff to review them and come back to the next meeting with a report. Councilmember Thayer stated she would like to see 30 percent slopes and above be strictly designated as Hillside Residential and work be done with regard to what can be developed on those sites in the interim. Ms. Freitas noted this would be difficult because staff would have to evaluate slopes on every site in San Rafael and determine if it is 30 percent or more slope and consider coming back with a General Plan amendment to redesignate slopes. Ms. Freitas noted staff did evaluate the impact on preliminary applica- tions and existing applications to see how it might affect those. Counclmember Boro asked staff to include what the impact would be and how many individual lots would be involved in the City, noting he supports the "case by case" review fully. Principal Planner Johnston stated a review on a lot by lot basis through- out the City to find particular areas where the slope exceeds 30 percent is incredibly detailed work, and needs to be done and is anticipated in the scope of the comprehensive Slope Ordinance revision. Part of the scope of work should be review of the implications of any Ordinance and at that point, the overall impact will be known, not only on appli- cations pending but of the City as a whole. Council asked staff to come back with a suggested interim Ordinance, broadening the (B) section, to include a between 25 to 40 percent slope and that this be reviewed at the next meeting of April 3, 1989, and the 40% or over one acre minimum, to be voted on at that time with rationale on why 40 percent is better than 30 or why 50 should not be the number or where this is applied elsewhere and what kind of communities have this; an estimate of the number of lots in this category; some comparative Ordinances from other cities having a strict Slope Ordinance. SRCC MINUTES (Regular) 3/20/89 Page 10 SRCC MINUTES (Regular) 3/20/89 Page 11 Council agreed that the high priority and funding for preparation of the Hillside Development Standards not be voted on at this time. Mayor Mulryan continued the public hearing to April 3, 1989. 20. REPORT ON OPEN SPACE MANAGEMENT PLAN AND APPROVAL OF AGREEMENT WITH LEONARD CHARLES AND ASSOCIATES (PW) - File 4-3-213 x 13-14-1 Public Works Director Bernardi stated the two proposals submitted for Open Space Lands in Terra Linda and Sleepy Hollow Divide, which are jointly owned by the City and the Marin County Open Space District, address areas as listed in the staff report. Proposals have been reviewed by City and County staffs and the City's Park and Recreation Commission, who have agreed that the firm of Leonard Charles and Associates addresses the issue of preparing the Master Plan better than Brian Wittenkeller. Mr. Bernardi indicated staff has made revisions, noting some of the areas in Terra Linda, which were authorized by Council to be included in the aerial topography, will affect the mapping cost of $3,000. Also, the original proposal for review of the open space lands has been revised. He noted that Leonard Charles and Associates cost is $53,800 and Brian Wittenkeller is $51,700. He stated that Leonard Charles and Associates proposes to complete the plan in six months and Brian Wittenkeller would be done in one year. $41,000 has been held in reserve by the County of Marin under a Joint Powers Agreement for maintenance of Open Space Land, and the County indicated they were willing to allow the money to be spent in preparation of the Master Plan with the balance to be split by both the City and County. Out-of-pocket expense for the City would be approximately $6,500 and Council previously reserved $15,000 for the preparation of this plan. In response to Councilmember Boro's question regarding monies for geology in the Leonard Charles and Association proposal, Mr. Bernardi responded there is $10,000 in soils rather than $20,000, indicating they planned to do a detail mapping of all slides in open space plans but staff felt it was not appropriate and that all staff needed was the perimeter of the open space as related to privately owned property. Councilmember Frugoli asked staff to look at a policy with regard to sheep grazing or the possibility of using manual labor to cut the grass on the hillsides, especially in the Terra Linda area. After further discussion, Councilmember Frugoli moved and Councilmember Thayer seconded, to adopt the Resolution. RESOLUTION NO. 7931 - AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT FOR PREPARATION OF A MANAGE- MENT PLAN FOR TERRA LINDA OPEN SPACE LANDS WITH LEONARD CHARLES AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $53,800. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1559 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 2.16.018 OF THE SAN RAFAEL MUNICIPAL CODE - REGULATION OF USE OF PARK AND/OR RECREATION FACILITIES (ADDING PROHIBITION OF SKATEBOARDS IN DESIGNATED PARKS) (Rec) - File 9-3-65 x 9-3-66 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 2.16.018 OF THE SAN RAFAEL MUNICIPAL CODE - REGULATION OF USE OF PARK AND/OR RECREATION FACILITIES (ADDING PROHIBITION OF SKATE- BOARDS IN DESIGNATED PARKS)" Councilmember Frugoli moved and Councilmember Boro seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1559 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 3/20/89 Page 11 SRCC MINUTES (Regular) 3/20/89 Page 12 22. REQUEST FROM THE ALUMNI ASSOCIATION OF ST. RAPHAEL'S SCHOOL FOR SPONSOR- SHIP BY THE CITY OF SAN RAFAEL FOR THEIR UPCOMING 100TH YEAR ANNIVERSARY CELEBRATION - File 104 x 9-3-30 x 9-3-31 Council instructed Police and Fire Chiefs to meet with Alumni Associa- tion representative to coordinate events, and endorsed the 100th Year Anniversary Celebration, noting they would be sending out a letter of endorsement to the Alumni. 23. STATUS REPORT ON HIGHWAY 101 CORRIDOR ACTION COMMITTEE - File 170 Councilmember Frugoli referred to recommendations made at their meeting held in March, showing policies and programs. Council thanked Councilmember Frugoli for the comprehensive report and accepted the report, without motion. 24. DISCUSSION RE CHOLESTEROL COUNT CHALLENGE TO BE HELD IN APRIL, 1989 (CM) - File 13-1 Assistant to the City Manager Golt indicated the cities of Novato and Sausalito entered into a cholesterol count challenge to create heart profiles of participants of both cities and to develop a cholesterol profile. The firm of Qual-Med Laboratories in San Ramon will conduct the actual cholesterol tests allowing for 30 people to be tested free. After further discussion, Council agreed to participate and 25 employees will be designated by a lottery. Suzanne Golt designated as the contact person. 25. STATUS REPORT ON THE ST. VINCENTS/SILVEIRA ADVISORY COMMITTEE (Pl) - File 115 Councilmember Boro referred to page 3 of the staff report, "Delayed Considerations" and stated his position on this is that they are looking for both property owners to move forward and this should be looked at as an overall plan for the entire site. City Manager Nicolai stated it has been cleared through all the General Plan process but the problem is one property owner is ready to move ahead and the other is not. She noted the property owner who wants to proceed should get together with the other to at least get to the point where the Army Corps of Engineers could get the study done, noting unless this is accomplished, the City cannot move ahead with committee discussions on what the alternatives are. Ms. Freitas stated within the next few months staff should have an indication on whether they will have an Army Corps of Engineers' Wet- lands determination; however, if there is no request from Tony Silveira once he gets his permit pump, staff may be faced with a situation where St. Vincents is ready to proceed and a decision will need to be made at that time if staff needs to go to court to get a Wetlands determination. After further discussion, Council accepted staff's report recommending that the Advisory Committee work be delayed up to one year until either the Army Corps of Engineers, as part of their permit review, requests wetlands information for the Silveira property, until Mr. Silveira's pump permit is granted and he requests a wetlands jurisdiction determi- nation, or, until St. Vincent's requests commencement of the Study. Staff also to provide a periodic status report to the Planning Commis- sion and City Council. ADD ITEMS 1. MARIN MUNICIPAL WATER DISTRICT UPDATE - File 151 Councilmember Boro asked to have a representative from the Marin Munici- pal Water District provide information on the water ban for new construc- tion, and that item be on agenda for Council meeting of April 17, 1989. SRCC MINUTES (Regular) 3/20/89 Page 12 SRCC MINUTES (Regular' 3/20/89 Page 13 2. DESIGN REVIEW BOARD - File 9-2-39 Councilmember Breiner asked to have a Committee update regarding the Design Review Board, as related to a memo by Principal Planner Curt Johnston, placed on the agenda as time permits for Council discussion. JEANNE K/L-EONCINI, Clry Clerk APPROVED ON DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/20/89 Page 13