HomeMy WebLinkAboutCC Minutes 1988-06-20SRCC MINUTES (Regular, 6/20/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 20, 1988
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 88-14(a) - (#1) - Jacqueline & Richard Seike vs. City of San Rafael.
No. 88-14(b) - (#7). No. 88-14(c) - (#2)
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 20, 1988
AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
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
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
SEASTRAND SUBDIVISION, PARCEL "B", AP #16-301-21 - File 5-1-242 x 9-3-16
Attorney Terril Mason asked that City Attorney Ragghianti review this
item on a procedural problem with the original approval of the Final Subdi-
vision Map not conforming with the Tentative Map for Parcel "B", which
designated the Parcel as a "private recreational area" and the Final Map
not having such an approval or restriction. Mr. Mason mentioned a possible
violation of the Subdivision Map Act under Government Code Section 66499.36.
City Attorney Ragghianti indicated he will research if the Statute of
Limitations in Government Code Section 66499.37 binds the City and if
it does, if it precludes the City from recording a Notice of Violation.
He noted Public Works indicated it would be 7 to 10 days before a Building
Permit would be issued and that he would provide the Council with an opinion
before that time.
Councilmember Breiner asked that staff have a chronology of the history
of the actions.
Council set Special Meeting on Monday, June 27, 1988 prior to the Budget
Hearing to receive the City Attorney's opinion on the Parcel "B" Seastrand
Subdivision item.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Thayer seconded, to approve
the recommended action on the following Consent Calendar items:
Item
2. Approval of Minutes of Regular
Meetings of May 2 and 16, 1988
(CC)
Recommended Action
Approved Minutes as submitted.
3. Resolution Authorizing the City RESOLUTION NO. 7743 - AUTHORIZING
Manager to Execute a Contract for THE CITY MANAGER TO EXECUTE CONTRACT
Professional Services at Falkirk FOR PROFESSIONAL SERVICES AT FALKIRK
(Cult.Affs.) - File 4-3-200 NOT TO EXCEED $2,000 WITH ABR
ASSOCIATES
SRCC MINUTES (Regular) 6/20/88 Page 1
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SRCC MINUTES (Regular 6/20/88 Page 2
Amendment to Inclusionary Housing
Tri -Party Agreement Re Peacock
Ridge Subdivision (P1) - File
5-1-307
Extension of Contract with
Jeffrey C. Baird, General Plan
Coordinator (P1) - File 4-3-150
Resolution Approving 1988/89
Latchkey Funds Contract for
$48,780 with State Department
of Education (Rec) - File 4-10-220
Authorization to Call for Bids
for Pickleweed Park Improvements,
Phase I Re Placement of Child
Care Portables (Rec) -
File 4-1-419
Authorization for Partial Closure
of Fourth Street, Between Court
and "B" Streets, on July 3, 1988,
for Farmers' Market (RA) -
File 11-19
9. Resolution of Appreciation for
William H. Liskamm, FAIA,
Retiring Member, Design Review
Board (P1) - File 102 x 9-2-39
11. Resolution Appropriating
Unappropriated Revenues (Fin) -
File 8-5
12. Resolution Adopting the 1988/89
Proposition 4 Appropriation Limit
(Fin) - File 8-5 x 8-14
14. Renewal of Workers' Compensation
and Property Insurance Through
the California Joint Powers
Insurance Authority (CJPIA)
(Fin) - File 4-10-202 x 7-1-31
16. Report on Fire Flow Program (CM) -
File 9-3-31 x 151
17. Acceptance of Commission on Aging
Area Plan on Aging for Marin
County, Fiscal Year 1988-89 (CM) -
File 199
RESOLUTION NO. 7744 - AUTHORIZING
THE SIGNING OF AN AMENDMENT TO
AN AGREEMENT WITH DIVIDEND
DEVELOPMENT CORPORATION AND THE
HOUSING AUTHORITY OF THE COUNTY
OF MARIN (relating to sale of
newly constructed residential
units to low and moderate income
families within the Peacock Ridge
Subdivision - Re change in lots
and recalculation of sales prices)
RESOLUTION NO. 7745 - AUTHORIZING
THE AMENDING OF AN AGREEMENT WITH
JEFFERY C. BAIRD, GENERAL PLAN
COORDINATOR (Fourth Amendment)
(Extending Agreement through December
31, 1988)
RESOLUTION NO. 7746 - APPROVING
THE 1988-89 "LATCHKEY" FUNDS
CONTRACT WITH THE STATE DEPARTMENT
OF EDUCATION (In amount of $48,780)
Approved staff recommendation
to call for bids for Pickleweed
Park Improvements Phase I. (Cost
estimated at $171,375)
Approved staff recommendation.
Portion of street to be closed
from 8:00 A.M. to 2:00 P.M. on
Sunday, July 3, 1988.
RESOLUTION NO. 7747 - RESOLUTION
OF APPRECIATION FOR WILLIAM H.
LISKAMM, FAIA, RETIRING MEMBER,
DESIGN REVIEW BOARD.
RESOLUTION NO. 7748 - CITY COUNCIL
APPROPRIATING UNAPPROPRIATED REVENUES
AS OF JUNE 30, 1988.
RESOLUTION NO. 7749 - ESTABLISHING
APPROPRIATIONS LIMIT FOR 1988/89
OF $20,545,770.
RESOLUTION NO. 7750 - AUTHORIZING
FINANCE DIRECTOR TO CONTRACT FOR
PROPERTY INSURANCE AND WORKERS'
COMPENSATION INSURANCE COVERAGE
THROUGH THE CALIFRONIA JOINT POWERS
INSURANCE AUTHORITY (through June
30, 1989).
Approved staff recommendation,
to request Marin Municipal Water
District continue to administer
fund and implement the fire flow
program.
Accepted report.
18. Claims for Damages: Approved City Attorney's
recommendations for denial of
a. Patricia Laxton (PW) of claims a and b.
Claim No. 3-1-1303
b. Dependable Tire & Brake/
Thomas J. Vasconcellos (PW)
Claim No. 3-1-1312
SRCC MINUTES (Regular) 6/20/88 Page 2
SRCC MINUTES (Regular) 6/20/88 Page 3
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli (from Approval of Minutes of Regular
Meeting of May 16, 1988 only, due to absence from meeting).
10. EXTENSION OF WORKERS' COMPENSATION CLAIMS ADMINISTRATION CONTRACT
WITH SELF INSURERS SERVICE, INC. (SIS) (CM) - File 7-1-31 x 9-6-3
Councilmember Boro indicated he thought the overhead costs for SIS
were extremely high when reviewing Exhibit "A" of the packet material
which breaks out the costs for services.
Assistant to the City Manager Golt indicated that SIS based their
costs on the size of their clients, the number of claims and amount
of time spent on cases. She felt that SIS costs were in line with
what the City had been paying Jardine. The noticeable difference found
in the SIS contract was that the salary cost, to reflect the increased
hours - 34 hours per week from SIS as opposed to 27 hours per week
from Jardine, left her to believe that the Jardine Claims' Management
was very low in the market in terms of percentage of cost paid for
benefits to their employees which was around 17 percent, far below
the current market. She stated that the 30 percent cost for benefits
that SIS pays seems to be competitive.
RESOLUTION NO. 7751 - AUTHORIZING THE SIGNING OF A CONTRACT WITH SELF
INSURERS SERVICE TO FUNCTION AS THE CITY'S WORKERS'
COMPENSATION CLAIMS ADMINISTRATOR FROM JULY
1, 1988 THROUGH JUNE 30, 1989 (at cost of $50,000).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. RESOLUTION ORDERING A JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENTS
ON CANALWAYS PROPERTY (Fin) - File 9-3-20
Councilmember Frugoli ascertained from Finance Director Coleman that
the total delinquent assessment figure is $58,175.83 and not $100,236.63
as originally noted in the staff report. He suggested that staff give
a courtesy call to inform Canalways representatives who are subject
to the delinquent assessment fees regarding the foreclosure.
RESOLUTION NO. 7752 - ORDERING JUDICIAL FORECLOSURE OF DELINQUENT
ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND
ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR
BE CREDITED WITH THOSE ASSESSMENTS. (Canalways
Property)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. SPECIAL MUNICIPAL ELECTION MATTERS; JUNE 7, 1988: (CC) - File 9-4
Councilmember Frugoli asked City Clerk Leoncini whether the Special
Election costs were higher because of two ballot measures placed on
the ballot rather than just one. She indicated the additional cost
for two ballot measures rather than one was minor.
Councilmember Frugoli mentioned he hoped subjects for Special Elections
would be on the ballot only if they are beneficial to the City because
of costs incurred.
a. RESOLUTION NO. 7753 - RESOLUTION DECLARING CANVASS OF RETURNS
AND RESULTS OF SPECIAL MUNICIPAL ELECTION
(Consolidated with the Presidential Primary
Election) HELD ON JUNE 7, 1988
SRCC MINUTES (Regular) 6/20/88 Page 3
SRCC MINUTES (Regular) 6/20/88 Page 4
b. ORDINANCE NO. 1545 - AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SAN RAFAEL AMENDING SECTIONS 3.28.040 AND
3.28.070 OF CHAPTER 3.28 OF THE SAN RAFAEL
MUNICIPAL CODE, TO IMPOSE SPECIAL TAX FOR
FUNDING OF PARAMEDIC SERVICE ON NON-RESIDENTIAL
CLASSED STRUCTURES WITHIN THE CITY OF SAN
RAFAEL
Councilmember Frugoli moved and Councilmember Boro seconded, to adopt
Resolution and accept report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. PRESENTATION OF RESOLUTION OF APPRECIATION TO WILLIAM H. LISKAMM,
FAIA, RETIRING MEMBER, DESIGN REVIEW BOARD - File 102 x 9-2-39
Mayor Mulryan presented a Resolution of Appreciation to William H.
Liskamm, FAIA, Retiring Member of the Design Review Board, who served
for three years.
20. PUBLIC HEARING - UP86-101 & ED86-110 - APPEAL OF PLANNING COMMISSION'S
DENIAL WITHOUT PREJUDICE OF A 17,160 SQUARE FOOT LIGHT INDUSTRIAL/BULK
STORAGE FACILITY; 100 WINDWARD WAY; EXOGAN HOLDING N.V., OWNER: DAVID
C. MATHEW, REP. AND APPELLANT; AP 9-330-03 (Pl) - File x 10-5
x 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated staff was recommending that the Council
adopt the Resolution denying the appeal and upholding the Planning
Commission's decision of April 12, 1988, denying the project without
prejudice. The primary concern about the project is that it is located
in a traffic impacted area and this project along with development
of another lot in the Windward Way Subdivision would result in the
generation of more peak period trips than were historically generated
by this site, which is the former location of the San Rafael Sanitation
District's main treatment facility and a portion of the site which
was also used as a target shooting range.
Ms. Moore stated there was a project on another lot in the Subdivision
that was approved by the Planning Commission and the rationale for
the approval was that the land use designation was consistent with
the General Plan, the proposed project met the City's design criteria
and both the use and design were acceptable. Additionally, traffic
analysis showed that the other project, a mini warehouse storage facility,
would be within the historic trip generation of the site, 18 trips
during the PM peak hour.
Ms. Moore noted that the proposal submitted by the Applicant was a
scheme whereby a mini warehouse storage facility would be closed during
the PM peak period, thereby freeing up the availability of the historic
PM peak generation trips for the adjacent property. The Planning Commis-
sion was concerned about the enforceability of that over time and
also the reliance on the particular first occupant of the proposed
second building in the 17,160 square foot building. This site is zoned
for office/industrial use but the first proposed tenant would be a
local moving and storage company that would be a use generating signifi-
cantly less traffic.
Ms. Moore indicated this is within a traffic generated impacted area,
one of the areas in the City where the Council is considering adopting
a special priority projects procedure to determine which projects
are able to proceed ahead. She suggested a consideration could be
added that even if it is found that the traffic would be minimal,
is it sufficient that it would be within the historic trip generation
or a project Council might want to look at in context of other projects
in the area. In all other respects, the project was deemed desirable
and it is consistent with the General Plan land use designation, the
zoning for the property, and the building is recommended for approval
by the Design Review Board. She stated two main issues the Council
should consider as a relationship between the two projects imposing
on the previously approved project are, a use permit condition restrict-
SRCC MINUTES (Regular) 6/20/88 Page 4
SRCC MINUTES (Regular) 6/20/88 Page 5
ing the hours such that it not be opened during the weekday PM peak
period and that their useage would be significantly less in terms
of traffic generation than the typical range of office/light/warehouse
uses which could otherwise occupy the building.
Ms. Moore mentioned a letter from the Appellant's Attorney summarizing
the appeal with an accurate chronology of the project but noted that
some of the points pertain to other parcels in the subdivision, and
it is not possible to fully develop the subdivision and remain within
the 18 historic PM peak trips.
Attorney Peter Brekhus, representing the Appellant, gave the history
of the project stating that the property was purchased in 1985 from
the San Rafael Sanitation District which was rezoned for its present
use. The Applicant has since paid close to $1 million on improvements
of the property. He applied for permission to build these projects
in December, 1986, and this matter has since been pending. He agreed
at one time to continue the matter for 90 days at the City's request,
and on April 12, 1988, the Planning Commission approved the mini storage
project which is the 3106 Kerner property and denied without prejudice
the bulk storage project for 100 Windward Way and that it is the 100
Windward Way property his client is concerned about.
He indicated their study showed only 8 peak trips would be generated
as opposed to staff's study that 13 peak trips would take place. He
indicated under the General Plan, the Bellam Interchange should function
at a Level of Service "D" and noting the area is operating at Level
of Service "C", which is contrary to the projections made by staff.
Mr. Brekhus stated his client proposes that the two sites be operated
as follows: The bulk storage site at 13 peak trips be allowed to operate
and that conditions of approval be based upon the Applicant agreeing
to close the mini storage site from 3:30 PM to 6:30 PM during peak
hours so the travel historically involved will not be a concern.
In response to Mayor Mulryan's suggestion that Mr. Brekhus' client
consider a covenant with the land that would be filed with the property
so it could not be used for anything other than the proposed patterns
of traffic, Mr. Brekhus stated they would be agreeable to this or
other such reasonable alternative.
To clarify a question on requiring a use permit for the project, City
Attorney Ragghianti stated, if there is a Master Use Permit for this
site, conditions can be inserted in the Master Use Permit that can
regulate the density of all uses based upon trips allocated for that
site, and that the use permit be recorded.
Mr. Brekhus stated the approval of the project is consistent with
the policies adopted, specifically with the LU -2 Policy under which
the City commits itself to permitting the Applicant reasonable interim
use of the property. He indicated this is an reasonable interim use
of the project and pointed out this also conforms to the Land Use
Policy C-7 which states if there are projects competing for approval
with respect to areas having traffic problems, that the City will
look to projects having low cost or affordable housing or high tax
generation base. He pointed out that a significant portion of the
site will be dedicated to low or moderate cost housing.
Mr. Brekhus explained that the City could have approved bulk storage
with the 14 historical trips with the Applicant stating they are under
the historical trips and therefore entitled to the permit.
He pointed out that Section 15006 of the CEQA suggests that an environ-
mental review should not be used as a tool to deny projects, noting
the section also provides that public agencies should reduce the delay
and paperwork by urging applicants either before or after the filing
of an application to revise projects to eliminate possible effects
on the environment, thereby enabling the project to qualify for a
Negative Declaration rather than an Environmental Impact Report. He
indicated the project has been revised to eliminate the possible concern
regarding the cumulative effect on the intersection in question.
In summary, Mr. Brekhus stated that approval of the project as they
propose it with the conditions for enforcement will insure that a
SRCC MINUTES (Regular) 6/20/88 Page 5
SRCC MINUTES (Regular) 6/20/88 Page 6
portion of the area the City is concerned with will not generate any
peak traffic. It will reduce the historical trips from that site as
a whole from 18 down to 5. It fulfills the City's LU -2 Policy permitting
a reasonable interim use of the property and also gives priority to
a project which is producing low cost housing.
Councilmember Boro understood that the trips are historical and that
anything additional would then have to get in line with everything
else at Kerner Boulevard. He indicated he is concerned about the future
where the land could be sold or with a new tenant coming in and the
idea of a covenant or something legally bound to that site is important.
He noted if there is some way through deed restrictions or covenants
where the traffic capacity could be assigned, he would be satisfied.
Mayor Mulryan stated he understood the City Attorney's explanation
that if a Master Use Permit procedure were used and for greater security
that it be recorded with the land, the enforcement ability would be
included.
Mr. Ragghianti agreed and stated if it were recorded it would thereby
place all individuals on constructive notice of the trip allocations
with the site and also be a basis of testing of any complaints that
the trips were exceeding the allocated trips.
In response to Coucilmember Breiner's question concerning the two
properties being under the same ownership and if it would become compli-
cated if an application for a subdivision came up in the future, Mr.
Ragghianti stated that the use permits run with the land as well regard-
less of who is the owner of the property, so if another owner came
in, he would be bound by the conditions attached to the permit which
burdens the property.
Councilmember Thayer indicated she understood that only one and one-half
critical moves would be generated by this project, and Ms. Moore stated
that is minimal and if Council has interest in approving the project,
the matter should be referred to staff so they can generate the necessary
change to the earlier Master Use Permit. There is a use permit for
the site only because of the height of the building and not because
of the proposed use, however, the Master Use Permit for the subdivision
should be amended to call out the special regulations for these two
parcels, add the requirement for a covenant running with the land
and the Negative Declaration to be completed and brought to Council.
Councilmember Frugoli asked if all properties are to be under the
Master Use Permit, and Ms. Moore stated this use permit was done shortly
after the zoning and the subdivision to make it easy to develop each
parcel individually so there would not be a use permit process to
go through each time.
There being no other comments, Mayor Mulryan closed the public hearing.
Councilmember Thayer moved and Councilmember Frugoli seconded, to
grant the appeal and refer the project back to staff to work out the
conditions as discussed with respect to the enforcement, conditions
running with the land and filing for constructive notice purposes.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. DISCUSSION RE ESTABLISHMENT OF SISTER CITY RELATIONSHIP WITH LONATE
POZZOLA, PROVINCE OF VARESE, ITALY (CM) - File 128
City Manager Nicolai stated this request was submitted in a letter
of May 20, 1988 by Ms. Teresa Dalessi, Secretary to the Lonatese Group
of San Rafael. Because of the number of residents in San Rafael who
have Italian heritage, Ms. Nicolai recommended that Council pursue
the request.
Mrs. Mary O'Brien, resident of San Rafael, urged Council to consider
the establishment of a Sister City relationship with Lonate Pozzola,
Province of Varese, Italy.
SRCC MINUTES (Regular) 6/20/88 Page 6
SRCC MINUTES (Regular) 6/20/88 Page 7
Councilmember Frugoli moved and Councilmember Boro seconded, to have
staff pursue establishment of a Sister City relationship with Lonate
Pozzola, Province of Varese, Italy, with the date of September 29,
1988 targeted for completion.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. COMMUNICATION FROM JOHN POWERS, DESIGN REVIEW BOARD MEMBER, REQUESTING
CONSIDERATION OF WAIVING RESIDENCY REQUIREMENT TO SERVE ON THE DESIGN
REVIEW BOARD (CC) - File 9-2-39
City Manager Nicolai stated that Mr. John Powers has moved outside
the boundaries of the City of San Rafael. She indicated that a similar
request came before Council a few years ago, and Council reconfirmed
their policy that the person would need to live within the boundaries
and not within the sphere of influence of the City in order to serve.
Councilmember Breiner moved and Councilmember Frugoli seconded, not
to waive the residency requirement, and that the City Clerk be directed
to call for applications.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Clerk to call for applications with deadline for receipt set
for Tuesday, July 12, 1988 at 12:00 Noon. Interviews to be scheduled
at a Special Meeting to be held on July 18, 1988 at 6:30 PM in Confer-
ence Room 201.
Council publically thanked Mr. Powers for his service on the Design
Review Board.
23. STATUS REPORT ON RECONSTRUCTON OF FIRE DAMAGED BUILDING AT 1301/1309
FOURTH STREET (Pl) - File 3-3-44
Planning Director Moore indicated that at the direction of Councilmember
Frugoli, a chronology of the project was made, noting the Council
inquired about the status of the building and whether application
had been presented for its reconstruction. Council took action to
designate the building as dangerous and ordered it to be demolished,
but held enforcement in abeyance because of the property owner's actions.
The owner filed a Design Review application on February 29, 1988,
and while it was technically complete, it did not have enough detailed
site and architectural detail to enable staff to submit it to the
Cultural Affairs Commission and Design Review Board. Ms. Moore indicated
she was informed today, that partial detailed plans needed for this
type of review have been submitted and will be forwarded to the Cultural
Affairs Commission and Design Review Board.
Perry Litchfield, Attorney for the applicant, stated he was concerned
about the building also due to the fact that almost a year has gone
by with no construction, and indicated that fault can probably be
placed on many shoulders as to why it has not proceeded.
He stated they essentially put in what was the "old building" in identi-
cal form prior to the fire, noting they were asked to give additional
work on the plan and it was at that point that an interested citizen
presented a 1910 circa photo of what the building looked like prior
to the war which was completely different than what was there before
the fire took place. They then made new plans to follow a design
to follow that course which has taken a considerable amount of time.
Mr. Litchfield indicated his biggest concern in going through this
process is the fact that before the fire the standard for the building
was a basic stucco building, and now going back to the year 1910 which
shows a nicely framed Victorian from the Italian Era buildng, there
is a markedly different cost factor in construction prices between
the two. He stated the owner's desire is to preserve the historical
nature of the building but the problem is they have requested that
within the same square footage, 7 -two bedroom units be built on the
upper level. He stated the records are not clear as to what existed
SRCC MINUTES (Regular) 6/20/88 Page 7
SRCC MINUTES (Regular) 6/20/88 Page 8
before the fire, noting his clients bought the building about one
to two years before the fire occurred and the only people who could
verify this are all in litigation because of the fire.
Ms. Moore stated parking requirements are a part of the project.
She noted there are ways to research what the historic use was at
the time of the fire. At this point, the parking is "grandfathered"
for whatever the intensity was on the second floor, and if they propose
additional intensity they would either have to provide the parking
by paying in -lieu fees or secure a parking variance, noting the research
for the upstairs use will continue.
Ms. Moore stated the Design Review application will not be taken into
consideration in terms of the merits of the proposed design while
Mr. Litchfield is linking the upstairs use to their ability to render
the exterior.
Councilmember Frugoli noted Council has always stated that they would
like to have more family type units in the downtown area and indicated
this should be handled administratively. He also asked that this build-
ing be reconstructed before the Christmas Season.
Council directed staff to bring this item back to Council at meeting
of July 5, 1988.
There being no further business, the meeting was adjourned.
JEANN �LEONCINI��Axy Clerk
APPROVED THIS DAY OF 1988
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/20/88 Page 8