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HomeMy WebLinkAboutCC Minutes 1989-12-18SRCC MINUTES (Regular) 12/, Page 1 CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 18, 1989, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTATIONS - File 1.4.1.a 1. 89-22(a) - V. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 18, 1989, AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Suzanne Golt, Acting City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Thayer moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: Item Recommended Action 2. Reappointment of John Govi to Marin/ Approved reappointment of John Govi as Trustee Sonoma Mosquito Abatement District - for four-year term, to December 31, 1993. File 9-2-9 4. Resolution Approving the 1990/91 Latch Key Funds Contract for $69,780 with the State Department of Education File 4-10-238 5. Acceptance of Annual Report for the San Rafael Redevelopment Agency (RA) - File 140 x (SRRA) R-62 x 8-3 RESOLUTION NO. 8097 - APPROVING THE 1990/91 "LATCH KEY" FUNDS CONTRACT WITH THE STATE DEPARTMENT OF EDUCATION ($69,780) Accepted report, to be forwarded to State Controller. 7. SECOND READING AND FINAL ADOPTION Approved Final Adoption of Ordinance No. 1583. OF ORDINANCE NO. 1583 - An Ordinance of the City of San Rafael Amending Ordinance No. 1541 to Provide for an Increase in Compensation for City Council - File 7-3-2 x 9-1 8. Resolution Authorizing Salary Equity RESOLUTION NO. 8098 - AMENDING RESOLUTION NO. to Management and Mid -management 8080 PERTAINING TO THE COMPENSATION AND WORKI' Salary Ranges (CM) - File 7-3 CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (4% increase 7/1/89; 2% increase 1/l/ salary equity adjustments 1/1/90, as outlined in staff report) 10. Claims for Damages: a. James 11. Zell (FD) Claim No. 3-1-1447 o. Joe E. Campbell (PW) Claim No. 3-1-1449 c. Edward Dallard (PW) Claim No. 3-1-1453 Approved City Attorney's recommendation for denial of claims a, b & c. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/18/89 Page 1 SRCC MINUTES (Regular) 12/1 9 Page 2 The following items were removed from the Consent Calendar for discussion: 3. SELECTION OF HOUSING ELEMENT CONSULTANT (P1) - File 4-10-239 x 13-16 x 9-3-17 Councilmember Breiner stated she was concerned that since the Housing Element was adopted not too long ago, the $10,000 could be perhaps made with a cap and the contract revised so that if all of the money is not spent there could be a saving. Planning Director Pendoley responded that a cap can be put on the contract, but this was the only bid received and the price was considered to be low with respect to the work involved. He noted that Jeffrey Baird & Associates have worked on the Housing Element and therefore are familiar with it so it would take this firm a shorter time. Councilmember Boro noted that on page 5, under Tasks, subparagraph 'f' mentions the inclu- sion of the Residential Care Facilities task force recommendations. He recommended that every effort be made to achieve County -wide standards on this issue. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution awardin the Housing Element contract to Jeffrey Baird & Associates. RESOLUTION NO. 8099 - APPROVING A $10,000 CONTRACT WITH THE FIRM OF JEFFREY BAIRD & ASSOCIATES (Through September 1990) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. ANNUAL AUDIT REPORT FOR FISCAL YEAR 1988/89 (Fin) - File 8-1 Councilmember Boro inquired about the work which has been done on the fixed assets during the past year. Finance Director Coleman responded that he had a firm come in early in the year to perform an inventory of the fixed assets which would be acceptable to the auditors. Since that time all of the items have been tagged with a coded tag, and they will all be entered in all of the PC's and will be maintained from now on. He added that there is a form the departments will have to notify Finance if anything is added, transferred or sold, and the records will be changed accordingly. Councilmember Boro moved and Councilmember Thayer seconded, to accept the report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. REPORT ON ARCHITECT SELECTION FOR CITY/COUNTY LIBRARY PROJECT (Lib) - File 4-13-79 x 4-3-208 x 9-3-61 Councilmember Breiner asked if it would be possible to have the architectural firm which is selected review the various library sites which have been considered, to see if they have any ideas. Also, she stated she feels it would be wise to see what their reaction is to the current library site, since there is still a lot of sentiment toward the curren- site. Library Director Stratford responded that would depend on the size of the building, since the present building is about 25,000 square feet and the County site is about 45,000 squar feet. He added that this would be one of the things to be looked at, in addition to the possible available sites which have been identified. Councilmember Breiner remarked that the City controls the whole site, and the architects may see a certain configuration which will work with the present site and that should be part of the process of review. Councilmember Thayer inquired if this would involve using the current building, and Councilmember Breiner responded not necessarily, but she had in mind the use of the site. Mr. Stratford noted that if there was construction, the present building would have to be demolished, and Mayor Mulryan responded that the architect could possibly put together a building which would be similar. Councilmember Breiner stated she would like to have more information on other libraries the firm has done, and Mr. Stratford responded that they have been in business for 30 years and have done libraries in Oregon and Alaska, as well as downtown buildings in Port- land, Oregon. He stated he will report back on analyzing the sites, noting that there is a time line for State grants. SRCC MINUTES (Regular) 12/18/89 Page 2 SRCC MINUTES (Regul 12/18/89 Page 3 Councilmember Thayer stated that this firm was chosen out of a large group, and they have won numerous design awards. Councilmember Boro stated that if a primary site has been selected it should be evaluated, and he would like information on why the other sites were not suitable. Councilmember Breiner moved and Councilmember Boro seconded, to accept the staff recom- mendation and select the firm of Broome, Oringduph, Rudolf, Boles & Associates (BOOR/A), and for the staff to pursue contract negotiations. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - UP89-55; APPEAL OF PLANNING COMMISSION'S CONDITIONALLY APPROVING A USE PERMIT FOR THE CONVERSION OF AN EXISTING NONCONFORMING ACCESSORY STRUCTURE TO A CONFORMING 464 SQ. FT. SECOND DWELLING UNIT; 56 MEADOW AVENUE; AP 13-194-14; KATHIE ROUSSEAU, OWNER; DEBORAH PAOLINO; APPELLANT (P1) - File 10-5 Mayor Mulryan declared the public hearing opened. Planning Director Pendoley informed the Council that the list on page 3 of the staff report shows that 32 second dwelling units have been granted since the Ordinance was adopted, bu that the number is actually 34, since two additional second dwelling units have recently been approved, one in the Sun Valley area on Fifth Avenue, and one in the Bret Harte area on Irwin Street. Mr. Pendoley then briefed the Council on this proposal, stating that on October 10, 1989, the Planning Commission voted 4-1, with Commissioner Scott dissenting and Commissioners Cohen and O'Brien absent, to conditionally approve a 464 square foot detached second dwelling unit at 56 Meadow Avenue. He added that the project involves the reconstruction of a 660 square foot detached accessory structure. He explained that the subject parcel is approximately 5,400 square feet and has an 858 square foot residence with a one -car attached garage. The size of the second unit would equal 54% of the size of the main unit. He noted that in most cases a 40% limitation applies, but the second unit ordinance allows a minimum size of 500 square feet. Mr. Pendoley stated that an appeal of the Commission's action was filed by Deborah Paolino on behalf of a dozen residents in the neighborhood, with the principal concern being that approval of this unit would exacerbate congestion in the neighborhood created by the narrow- ness of the streets and the fact that cars are parked over the sidewalks to keep the roadway clear. Other concerns include loss of privacy for adjoining homeowners, and a concern that approval of the second unit will set a precedent for additional units in the area. Mr. Pendoley pointed out that the Planning Commission received a letter from Angeline Woodall who is the next door property owner, stating concerns regarding loss of backyard privacy and the closeness of the driveway. However, she sent a follow-up letter stating that after review of the Planning Commission report, and after talking with the applicant, she no longer has objections to the proposed unit. Mr. Pendoley stated that during Commission discussion, two items were discussed to mitigate concerns regarding the privacy issue. Staff mentioned that the window on the side of the living room could be removed, and that landscaping could be added to provide a buffer. Regarding parking the Commission felt that one additional space to be provided mitigated the impact of the additional unit and would not have an effect on the parking problems in the neighborhood. With regard to precedent, Mr. Pendoley called attention to the fact that only 34 second dwelling units have been approved since the Ordinance was adopted in 1983. He concluded by stating that the staff recommendation is for the appeal to be denied. Mayor Mulryan remarked that he had always thought of a second dwelling unit as being a very small portion of the area, and on a large lot. He added this would seem to be a very small lot and the second unit would have an impact. He inquired if this aspect had been discussed. Mr. Pendoley responded that the Ordinance provides for that by saying the second unit can be no more than 40% of the main building, and also that it may not be less than 500 square feet in size; he added that it is an either/or situation. Mayor Mulryan then inquired about the traffic and parking, and about City-wide statistics on this issue. SRCC MINUTES (Regular) 12/18/89 Page 3 SRCC MINUTES (RegulL _. 12/18/89 Page 4 Mr. Pendoley responded that the average family has at least two cars. He stated that for a one -bedroom unit one parking space should be provided, and it should be to the side of the front yard, as in this case. Councilmember Breiner inquired about the first pargraph of the Analysis on page 2 of the staff report, where the last sentence reads that Commissioner Scott opposed the approval based on her desire for additional conditions or revised plans. Mr. Pendoley stated he was not aware of the conditions or plans to which Ms. Scott referred. Councilmember Breiner then inquired what would happen if two people moved into the main unit, and could the approval of the second dwelling unit lapse in that case. Mr. Pendoley responded that a few years ago the Courts found that the City cannot condition the number of people living in a dwelling unit, except where it concerns the health and safety code. He said he will check with the City Attorney, but he thinks the City would run the risk of conditioning on a illegal standard. Councilmember Thayer inquired about the previous use of the structure which is being proposed for a dwelling unit, and Mr. Pendoley said he presumes it was an accessory struc- ture used for storage. Mayor Mulryan asked for public input. Mrs. Debra Paolino of 30 Redding Way informed the Council that the parking in the area is critical and in the evening when the residents have come home from work there is solid parking, even on the sidewalks so that pedestrians have to walk in the street. She added that the street is 23 feet wide, and there is not enough room left for fire trucks. She expressed concern that another dwelling unit on the property in question would only add to the problem, in view of the many second units in the area. Ms. Kathie Rousseau, owner of the property, said she had gone through the planning process but had not checked with her neighbors. She added that after the Planning Commission meeting she had talked with her neighbors and had explained the situation to Mrs. Woodall, who was then satisfied. Ms. Rousseau stated that the auxiliary building would be brought up to code as a dwelling unit. Mayor Mulryan explained that the Council's concern is that the area was built below today's standards. He asked Ms. Rousseau, if the Council said to her that a condition of approval would be to keep all cars on her property would she accept it. Ms. Rousseau responded that she would agree if the Council imposed that condition on the rest of the neighborhood. She added that some people even park on the grass. She said she would like to have a larger garage so there would be only one car in the driveway. There being no further public input, the public hearing was closed. Councilmember Boro said that Police and Fire not being able to get through is an issue of concern. He stated that since both the Fire Chief and the Chief of Police are present, he would like their response. Fire Chief Marcucci stated that it is difficult to get through, but he does not remember any incident when fire trucks could not get through. Mayor Mulryan inquired if this was a safety factor, and both Chief Marcucci and Police Chief Ingwersen stated that it was not. Councilmember Boro stated he has reviewed the letters from the neighborhood, and added that the property is going to be upgraded and the second unit has been there all along. Councilmember Thayer stated that she has real concerns about the parking, and noted that this proposal does add to the large number of second units in the area and there is the fact of dealing with older codes and parking which was required at that time but is no longer permitted. Councilmember Shippey stated that he agrees that the parking situation is inadequate, but the proposal is for upgrading a unit which is already there. He added that parking should be addressed by some other means. Councilmember Breiner stated that this is a congested area and with the size of the second unit it could be even more impacted on a future date. She added she will be voting for the appeal. Mayor Mulryan stated he does not think the second unit concept was designed for a lot which is so small and so compact. SRCC MINUTES (Regular) 12/18/89 Page 4 SRCC MINUTES (Regui ' 12/18/89 Page 5 Councilmember Breiner moved and Councilmember Thayer seconded, to grant the appeal of the Planning Commission's approval of the use permit, with the finding that to do otherwise would be detrimental to the health and welfare of the community. AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Boro & Shippey ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - TO CONSIDER AN ORDINANCE ADDING CHAPTER 12.40 TO THE MUNICIPAL CODE SETTING FORTH UNREINFORCED MASONRY BUILDING MITIGATION PROGRAM (PW) - File 13-11 x 9-3-40 x 1-6-1 Mayor Mulryan declared the public hearing opened. Mayor Mulryan stated that this issue is not a matter of discretion on the City's part, but is a State law which the City must follow. He added that this looks like a very reason- albe approach, and the hearing tonight is to determine whether the Ordinance is workable. Public Works Director Bernardi briefed the Council, stating that as required by SB 547 the City of San Rafael was required to identify unreinforced masonry buildings within the City Limits, develop a mitigation plan to deal with those buildings and to report the information to the State. Mr. Bernardi added that City staff had met with an ad hoc committe, the makeup of which was approved at the City Council meeting of September 18th, and the minutes of their meeting of December 4th is attached to the staff report. Mr. Bernardi reported that a proposed Ordinance has been prepared in accordance with City Council instructions, stating that the mitigation program is mandatory and will cover a five-year period; that high occupancy buildings will be repaired first; that the 1973 Uniform Building Code will be used as the design standard; and that penalties will be imposed for noncompliance. Mr. Bernardi further reported that on December 11th City staff held an informational meeting for the property owners affected by the Ordinance, so they would be aware of the various provisions contained within the Ordinance and so that staff could hear any concerns which might be expressed with regard to the implementation of the Ordinance. Mr. Bernardi then showed slides with pictures and graphics illustrating the types of damage to be repaired, and the various steps to be taken regarding mitigation. At the conclusion of the slide showing, Mr. Bernardi remarked that, although the UBC Code of 1973 is to be used there is also reference in the proposed Ordinance to the 1985 Building Code. He stated that the 1985 Code permits lower strengths of materials which in essence works against the engineering methods in terms of a solution. Mr. Gene Miller then addressed the Council regarding earthquakes which have occurred in the area, and explained the locations of the various faults which were the epicenters of the earthquakes. He remarked that Palo Alto has an ordinance which includes a voluntary program with a density bonus for owners for upgrading their buildings, and added that San Francisco's ordinance will not be adopted until November of next year. By means of a graph he showed the earthquake movements and their effects, and noted that the Loma Prieta earthquake in October had an epicenter 75 miles away from San Rafael, so this area felt only about 4%. He showed on a map where San Rafael is between the San Andreas and Hayward faults, and stated that when the 8.2 earthquake comes this area would feel about 50% of it. He stated that the recent earthquake points up the necessity for upgrading the unreinforced buildings in the area, and listed the damage done in Sal Rafael in the San Francisco earthquake of 1906. Ms. Liz Walker of the Marin Property Owners Association urged the Council to slow down the process, since the State deadline is being met by the City in regard to listing the buildings and contacting the property owners. She urged more time be allowed for the ad hoc committee and others who are interested to look further at the overall problems emerging from this Ordinance and come back with recommendations. She added that what is needed is to solve the structural problems but maintain the buildings and not destroy the downtown area. She urged that the two-phase plan be looked at, and a structural analysis conducted. Ms. Walker added that it will be necessary to determine how much money is available at a low interest rate. Mr. Fred Divine, owner of the Opera Housing building, stated he is also speaking for owners of 15 different properties. He stated they were very encouraged by the staff report, and they understand why this is being done, but added that the property owners need time to determine the full impact on their buildings. He stated that a large number of buildings on Fourth Street are affected, and the tenants as well as the owners will be impacted because the scaffolding and building materials will affect the flow of traffic. He then indicated that Vincent DeNevers, an Engineer, would like to speak on the structural aspects. Mr. Vincent DeNevers, stated that the Los Angeles ordinance, after which the proposed ordinance is written, is a "perfection" standard, and that San Rafael should look toward SRCC MINUTES (Regular) 12/18/89 Page 5 SRCC MINUTES (Regul,..) 12/18/89 Page 6 a standard which would allow very little damage to occupants or people on the street. He stated that the Los Angeles ordinance is aimed at preserving the buildings, and a "watered down" version would be sufficient. Under that approach, improvements can be made while the occupants are still in the buildings. Councilmember Boro inquired about the collapse of store fronts, and Mr. DeNevers responded that they should have steel frames in the glass fronts. He recommended that San Rafael wait to see what San Francisco does, because of the fact that they have many experts working on their ordinance. Mr. Brent Dickens, AIA, stated that his building is brick and mortar, and that the brick is historic. He said he has spent $400,000 for 5,000 square feet in rehabilitating it. He estimated that the total impact on downtown San Rafael could easily by $250,000,000. He also noted that the City Hall building is high risk, and recommended that the Palo Alto ordinance be considered because of the owner incentive. He stated he appreciates the efforts of Mr. Bernardi and Engineer Fred Vincenti, who have been extremely informative ' and very helpful. He recommended adoption of the ad hoc Committee 6 point program, stating that is all the Council should consider tonight, and otherwise it would be an unreasonable approach. Mr. Warren Robinson, owner of a historic building, said 85% of the old buildngs have been well taken care of, and he is concerned about loss of income if buildings have to be evacu- ated during repairs. He also noted that the 1906 earthquake was an "8", was 35 miles away, and lasted for 45 seconds. Mayor Mulryan inquired about the City's obligation to take legal steps, and Mr. Bernardi responded that the mitigation program can be anything the Council wants it to be, that they can take the position that the structural analysis can be done in 6 months or 9 months. He added that the City would comply with the State mandate by getting a list of the build- ings to them and telling them what the City is going to do. He stated that there is no penalty for noncompliance by January 1, 1990, since the City's process is proceeding_ and we can demonstrate that we are taking action. Councilmember Thayer noted that Liz Walker mentioned that up -front costs could be very high, and Mr. Bernardi responded they could be 10% of the repair work, which would be an up -front cost to the property owner. Councilmember Breiner stated she would like to see a breakdown of classifications by number in each category. Councilmember Boro said the standards should be tailored to the City of San Rafael, and it is important to address the problems for the various groups, but people safety is impor- tant. He stated that the process should not take 10 or 12 years. Mayor Mdlryan noted that most of San Rafael is on bedrock, and he assumes that staff could locate those buildings which are not on solid ground, such as the Marina in San Francisco. Mr. Bernardi responded that he could get the information. Mayor Mulryan added that the damage was spotty, and was based on the type of dirt in the various areas. Councilmember Shippey stated that the two phase approach seems good, because the analysis will be taken care of in the first phase. Mr. Gene Miller informed Council that ground conditions would determine how the buildings should be strengthened, not whether they should be. Mr. Bernardi noted that most of the brick buildings have wooden floors, and should probably get credit for them, since wooden floors are recommended. Mayor Mulryan stated that the standards should be flexible, with safety upmost, and the costs should be considered. Mr. Bernardi stated he will bring back an Ordinance with the recommendations. He stated that the Planning Department's Work Plan will work into the downtown plan. Councilmember Breiner recommended that parapets be looked at in the near future, since they can be a danger to pedestrians. Mr. Barnardi responded that this would be part of the analysis, and Councilmember Breiner stated she would like to have that issue brought forward to the Council. The Council agreed that the public hearing would be continued to the meeting of February 20, 1990. 13. STATUS REPORT ON PLANNING DEPARTMENT WORK PROGRAM (Pl) - File 9-3-17 x 115 Mr. Pendoley briefed the Council, stating that he recommends deleting Item 10 of the 11 projects listed, since that had been an advisory committee to fine-tune General Plan alloca- SRCC MINUTES (Regular) 12/18/89 Page 6 SRCC MINUTES (Regulw.) 12/18/89 Page 7 tions for St. Vincent's/Silveira project. However, when the Council directed staff in July to undertake a study of residential care facilities the hours allocated for Item 10 were used. Mr. Pendoley remarked that since the last status report the rate of applica- tions for new permits has dropped off significantly, due to the water moratorium, and if this pattern continues it will make the equivalent of one additional full time planner available for 1 -Priority Special Projects commencing February 1, 1990. He stated that all available time is being spent on upgrading the Zoning Ordinance. Councilmember Boro recommended deciding the scope of the Downtown Plan so there would not be too high expectations. Mayor Mulryan inquired if there is a way that the Hillside Ordinance and Tree Abatement Ordinance can both be included. Mr. Pendoley responded that with regard to the Tree Ordinance, quite a bit of work has been done by consultants, and the problem with that ordinance is time. He stated for the Hillside Ordinance the problem is time and money, since it is anticipated that would be a combination of in-house staff and consultants. Councilmember Boro inquired about the hours for the Tree Ordinance, and Mr. Pendoley explained that the lesser cost would be for an ordinance which focuses on tree abatement and view protection. He stated quite a bit of work has been done on that already. He added that the larger project would be to develop other issues such as a tree protection program, with an inventory of the kinds of trees to be protected in this community; standards for requiring trees in a landscape plan; standards for tree protection, particularly in subdivi- sions and wooded areas which has become an issue in the past few years; compilation of a list of Heritage Trees, which would be special trees of a cultural value, and which could be species as well as individual trees or possibly redwood groves. He added that this last issue would require quite a large amount of research and would be time-consuming. Councilmember Shippey inquired if the ordinance could be done over a period, with the abatement issue done first since it seems to be the highest public concern. Mr. Pendoley stated that is one option. Mayor Mulryan stated that the problem he has had with that is if you are allowed to abate trees, and after one has been removed it is decided that it was a heritage tree, it is too late. Mr. Pendoley agreed, and stated that is generic to the whole hillside problem. Mayor Mulryan stated he feels if it is to be done, the whole issue should be addressed. Mr. Douglas Colbert addressed Council, questioning the figure of 120 hours as not being enough if it is to include public meetings. Councilmember Thayer explained that would be for the abatement section only, and Mr. Colbert responded that does not seem to be enough hours in relation to the other projects. Dr. Julian Lifschitz stated that over a year ago his group had asked for a Tree Ordinance. He stated his neighbors are letting their trees grow so high they block his views. He stated he had written to the neighbors in question, but his request would not be enforcible without an ordinance. He urged that the Council authorize some sort of abatement ordinance so a problem such as his could be handled. Councilmember Breiner explained that the Council is looking for the basic tree abatement type of ordinance, and it should be part of the heritage tree issue. Mayor Mulryan agreed, stating the City would have to have a legal mechanism, and the Council would be harming the community if they allowed heritage trees to be cut down. Councilmember Boro agreed that the ordinance should have both issues, and inquired of Mr. Pendoley if Item 10 was omitted from the work program could the 640 hours be used for the Tree Ordinance. Mr. Pendoley responded that the 640 hours is for the balance of the fiscal year and part will be used for the Residential Care Facilities study; however, if the Zoning Ordinance is delayed it would be possible to use part. Mrs. Douglas Colbert stated that even heritage trees need to be maintained, and they do drop branches, noting the ordinance should address that issue. Mr. Ned Turkington stated he would like the Council to make a motion to have the Tree Ordinance included in the work program, and it could have a sunset clause so if it is not affective in the term of one year it could be amended. Councilmember Breiner stated that if the General Plan Review were deleted they could save 200 hours. Mr. Pendoley responded that they could, but issues often come up which have to be discussed in the General Plan review, such as the second unit ordinance, the need to reduce the number of hillside properties to reduce the density, and other issues the Council has wanted the Department to address. SRCC MINUTES (Regular) 12/18/89 Page 7 SRCC MINUTES (Regu. .) 12/18/89 Page 8 Councilmember Thayer recommended doing half of the Tree Ordinance, just the abatement and maintenance, and also doing the hillside development standards which are extremely critical. Mr. Pendoley stated that perhaps it is a money problem and perhaps he can buy hours from another source by having a consultant. Councilmember Boro referred to page 4, paragraph (1) of the staff report regarding the declining rate of current planning applications, and proposed that the Council move ahead on both of the projects, the Hillside Ordinance and the Tree Ordinance with both elements in it, the abatement and the heritage trees. He said it is reasonable to expend outside money if necessary. He noted that the Planning Commission continues to monitor tghe Work Plan. Mr. Pendoley responded that if this is the Council's direction, after a motion he would bring back another Work Plan at the next meeting. He would take some work away from current planning and will explain the hours. Councilmember Boro moved and Councilmember Breiner seconded, that staff be directed to move ahead on the Hillside Ordinance and the Tree ordinance with both elements in it, and bring back a revised Work Plan indicating the revisions necessary to accomplish the work. Under question, Councilmember Shippey stated he would like the abatement to go ahead and the heritage trees could be preserved on appeal. City Attorney Ragghianti responded that actual removal of a tree is a very serious matter, particularly when it is a heritage tree. He stated you have to balance the reasonableness of the view with the owner who might have a heritage tree. Mrs. Mary Carpou of Peacock Gap Homeowners Association informed the Council that all her group has asked is maintenance of the trees, and have never asked that any tree be cut down, simply pruned and trimmed, heritage tree or not. Councilmember Thayer complimented the Planning Director on an excellent report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. REPORT ON MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN (P1) - File 170 Mr. Pendoley referred to a revised Countywide Planning Agency proposal prepared by County staff. He stated that the proposal was discussed at a Countywide Plan Advisory Committee meeting on December 7th, and at that meeting the County and nine Marin County cities, including San Rafael and Novato, endorsed this concept 10-0. Mr. Pendoley explained that the latest proposal would establish a Countywide Planning Agency (CPA) comprised of representatives from each City and County. The Planning Agency would propose City/County development standards, unknown at this time, which would be adopted into the County's General Plan. Once adopted, the CPA would review City General Plans and recommend how they should be changed to conform with Countywide standards. Addi- tionally, cities must submit major projects for review by the CPA. The CPA would evaluate the projects for consistency with Countywide standards. Mr. Pendoley pointed out that the key difference between the Marin Conservation League and later County Planning proposal is that CPA would not directly deny projects. However, the City would not be eligible for its share of the local sales tax set aside unless it complies with CPA recommendations on local development projects. Mr. Pendoley concluded his report, stating that with reference to the unknown Countywide Planning standards, staff recommends that the staff developing these Countywide standards carefully consider the programs and policies in the recently adopted San Rafael General Plan and coordinate with them wherever possible. He added that particular attention should be paid to City development timing concepts, housing policies and programs, and environ- mental protection policies. Mr. Pendoley added that the job/housing balance is another issue, and the City of San Rafael has done considerable work regarding levels of service in relation to 101 traffic. He recommended that the City's representative to the Transporta- tion Authority consider the development standards and direct staff to work closely with the County staff. Mayor Mulyran stated it is very important for the City's Planning staff to work with the County, since no other cities have worked as much as San Rafael on the levels of traffic and the elements of the General Plan. SRCC MINUTES (Regular) 12/18/89 Page 8 SRCC MINUTES (Reg r) 12/18/89 Page 9 Councilmember Thayer state] -hat this is an excellent report. She added she would like to see on the Committee members of the Water District and Sewer District boards because of County planning. Mayor Mulryan did not agree, stating that their roles are to provide services, and not in the sense of determining what the growth policies are. Councilmemer Thayer inquired about the apportionment of the tax monies, and Councilmember Breiner responded that at the last meeting the Committee voted not to consider it at this time. Councilmember Boro remarked that when we participate in the County standards we have to make sure that we have a balanced approach to planning. Also, no members of the Council should be sitting on the Water Board, any more than members of the Water Board should sit on a Planning Committee. He stated we should interact, but there is a difference in roles. Mayor Mulryan stated he endorses staff's suggestion that they get involved with the County staff. Councilmember Shippey inquired when will staff make a response to the Countywide Plan. Mr. Pendoley responded that if the Council agrees with the staff report the information will be forwarded to the County and they will prepare a Plan and send it to the City Council He noted that the matter will not go on the ballot until there is a consensus of the cities. Councilmember Boro moved and Councilmember Thayer seconded, to endorse the staff's approach and authorize the Planning Director to send a letter to the County as discussed. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Pendoley recognized Senior Planner Jean Freitas for her excellent report. 15. REPORT ON REQUEST FOR SIDEWALK ON WOODLAND AVENUE (PW) - File 11-1 x 12-1 x 9-3-40 x (SRRA) R-254 Public Works Director Bernardi stated that at a recent City Council meeting Mrs. Linda Nansen had spoken during the non -agenda time, requesting a sidewalk on Woodland Avenue near Davidson Middle School, and the Council had directed staff to investigate and report back. Mr. Bernardi stated that the proposed sidewalk would be constructed on the south side of Woodland Avenue from Lindaro Street to Warner Court, and would cost an estimated $35,000. Mr. Bernardi added that, while the majority of the children walking to and from Davidson School use the street, there is a sidewalk on the north side but it is not utilized. He noted that Woodland Avenue will become a temporary detour route during the construction of the Retail Center while site grading is underway, which will cause additional traffic. He added that there are no funds budgeted for this project, and they would have to be appropriated from unappropriated reserves. Mayor Mulryan inquired if the children could be urged to use the sidewalk on the north side of Woodland, and Mr. Bernardi responded that it might be possible, by working with the school, and added that a sidewalk under these circumstances might be precedent -setting. Councilmember Thayer stated that she has problems with spending any kind of money when the children could walk on the sidewalk on the other side of the street. Councilmember Breiner agreed, stating that the children should use the crossing guard and the pedestrian crossing. The Council directed Mr. Bernardi to work through Bob Vasser, the Davidson Principal, to have the children use the sidewalk on the north side of Woodland Avenue. 16. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1581 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REF- ERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSI- FIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (THE HIGHLANDS) (P1) - File 10-3 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (THE HIGHLANDS; SRCC MINUTES (Regular) 12/18/89 Page 9 SRCC MINUTES (Regula,] 12/18/89 Page 10 Councilmember Boro moved and Councilmember Breiner seconded, to dispense with the reading, refer to it by title only, and adopt Charter Ordinance No. 1581 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: None 17. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1582 - 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, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (1988 EDITION) (FD) - File 1-6-4 x 9-3-31 Fire Chief Marcucci informed the Council that there has been a requirement added, that a permit be obtained from the Fire Department before testing of possible contaminents in soils. He added this provides necessary controls. 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, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (1988 EDITION)" Councilmember Thayer moved and Councilmember Breiner seconded, to dispense with the reading, refer to it by title only, and adopt Charter Ordinance No. 1582, as amended, by the follow- ing vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. STATUS REPORT ON PEACOCK GAP NEIGHBORHOOD PARK PROGRESS - File 4-1-431 x 9-3-66 Ms. Nancy Prince informed the Council that she is concerned about the lack of work being done in the park, with the wet season approaching. She referred to a $6,000 extension to the maintenance contract, and stated that since it appears the park will not be done until at least March she would like to see the money put toward the purchase of equipment. Mayor Mulryan stated that the staff report indicates the equipment will be there in six weeks. Public Works Director Bernardi stated that there are 133 working days which takes them to April 30, 1990, and the contractor has done nothing yet to lead staff to believe that he will not proceed within the contract time. He added that staff feels they are proceeding according to their work plan, and he has asked for a schedule for the remaining contract time. Mary Carpou stated she would like to have a progress report from Bauman Landscaping with a projection as to which portions of the park will be ready on which dates. Mr. Bernardi stated that the $6,000 is the cost to maintain the park until it is completed. Councilmember Breiner stated that if it is not completed the funds could be reviewed regard- ing disposition, since they would be falling into the next fiscal year. It was agreed that the Peacock Gap residents will be kept informed of development of the park. 19. CONSIDERATION OF CITY COUNCIL COMMITTEE APPOINTMENTS (CC) - File 9-1 Councilmember Boro moved and Mayor Mulryan seconded, that Councilmember Breiner remain as Vice Mayor. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Shippey seconded, to appoint Councilmember Boro to the San Rafael Sanitation District Board, with Councilmember Breiner remaining as Alternate. SRCC MINUTES (Regular) 12/18/89 Page 10 SRCC MINUTES (Regul , 12/18/89 Page 11 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Two year City Council appointments are as follows: POSITION APPOINTEE Vice -Mayor, City Council Dorothy L. Breiner Chairman, Redevelopment Agency Lawrence E. Mulryan Vice -Chairman, Redevelopment Agency Dorothy L. Breiner City/School Liaison Committee Albert J. Boro Joan Thayer Lawrence E. Mulryan (Alt.) League of California Cities Lawrence E. Mulryan North Bay Division Joan Thayer (1st. Alt.) Michael J. Shippey (2nd. Alt.) City Representative to Association Lawrence E. Mulryan of Bay Ara Governments Dorothy L. Breiner (Alt.) County Priority Setting Committee Dorothy L. Breiner (Re Community Development Block (Robert Roumiguiere) Grant Funds - CDBG) San Rafael Sanitation District Lawrence E. Mulryan Albert J. Boro Dorothy L. Breiner (Alt.) Countywide Plan Advisory Committee Lawrence E. Mulryan Albert J. Boro (1st. Alt.) Joan Thayer (2nd. Alt.) Marin Transportation Authority Dorothy L. Breiner Countywide Emergency Planning Michael J. Shippey Committee Dorothy L. Breiner (Alt.) Countywide Homeless Committee Albert J. Boro Suzanne Golt, Staff liaison Library Oversight Panel Joan Thayer Liaison -Mobile Homeowners Associations Joan Thayer Liaison -Advisory Committee for the Joan Thayer County Hazardous Waste Management Fire Chief Robert Marcucci, Plan Staff liaison There being no further business, the meeting was adjourned at 11:15 PM. JEA --M. LEONCINI, C� ty Clerc APPROVED ON THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL .M SRCC MINUTES (Rgular) 12/18/89 Page 11