HomeMy WebLinkAboutCC Minutes 1988-08-01SRCC MINUTES (RegulG . 8/1/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 1, 1988
AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File
1.4.1.a
No. 88-17(a) - (#7). No. 88-17(b) - (#2). No. 88-17(c) - (#2).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 1, 1988
AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulyran, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Joan Thayer, Councilmember
Absent: Gary R. Frugoli, Councilmember
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
RIDES FOR BAY AREA COMMUTERS, INC. - File 113
Ms. Debra A. Hallock, Senior Account Executive with RIDES for Bay Area
Commuters, Inc., gave a presentation on Marin Competition "Don't Drive
Alone Day", sponsored by MCCMC, which will take place October 16, 1988.
She distributed pledge cards to launch the program, stating the kickoff
date is September 10, 1988 and that competition will be between 11 cities
in Marin County.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Boro seconded, to approve
the recommended action on the following Consent Calendar items:
Item
2. Approval of Minutes of Special
Meetings of June 7 and 27, and
July 18, 1988 (CC)
3. Report on Bid Opening and Award
of Contract - Pumping Facilities
for the Las Gallinas Valley
Sanitary District - Civic Center
Northgate Assessment District
(PW) - File 4-1-421 x 6-42
Recommended Action
Minutes approved as submitted.
RESOLUTION NO. 7775 - AWARDING
CONTRACT FOR CONSTRUCTION OF A
SANITARY SEWER PUMPING FACILITY
FOR THE LAS GALLINAS VALLEY
SANITARY DISTRICT - CIVIC CENTER
NORTHGATE ASSESSMENT DISTRICT
(To W. R. Forde, Inc., low bidder,
in amount of $864,960).
5. Authorization to Call for Bids - Approved staff recommendation
598 Fairhills Storm Drainage authorizing staff to call for
Improvements (PW) - File 4-1-422 bids for 598 Fairhills Drive,
Storm Drain Replacement (General
Fund budgeted project - $15,000
available).
7. Resolutions of Appreciation for
General Plan Staff: (CM)
File 102 x 115 x 9-3-17
RESOLUTIONS OF APPRECIATION
FOR THE FOLLOWING PEOPLE WHO
WORKED ON THE SAN RAFAEL GENERAL
PLAN 2000:
RESOLUTION NO. 7776 - ANNE MOORE,
PLANNING DIRECTOR
SRCC MINUTES (Regular) 8/1/88 Page 1
1(
SRCC MINUTES (Regula) 8/1/88 Page 2
8. Consideration of Request from
County for Assistance in
Financing Contract with Appraisal
Consultant, Touche Ross' Valuation
Engineering and Appraisal Services,
to Appraise the Lucasfilm Produc-
tion Complex Located on Lucas
Valley Road Re An Assessment
Appeal (CM) - File 105
11. Adoption of Resolution Estab-
lishing Sister City Relationship
with Lonate Pozzola, Province of
Varese, Italy (Lib) - File 128
12. Report on Bid Opening and Award
of Contract - Portable Radio,
Receiver & Accessories (PD) -
File 4-2-229
13.
14.
Resolution Authorizing Execution
of City of San Rafael 1988/89
Community Development Block Grant
(CDBG) Grants for: (Rec) - File
147 x 9-3-65 x 9-3-66
a. Pickleweed Child Care Center,
$40,000
b. Child Care Scholarships, $5,800
c. Homework Place Program, $1,000
Resolution Authorizing Execution
of Grant Agreement with Marin
Community Foundation for
Pickleweed Park Child Care In
Amount of $30,000 (Rec) - File
4-10-223
15. Authorization to Apply for Library
Services Construction Act Grant -
California Literacy Campaign
(Lib) - File 202 x 9-3-61
RESOLUTION NO. 7777 - JEAN FREITAS,
SENIOR PLANNER
RESOLUTION NO. 7778 - JEFF BAIRD,
PROJECT COORDINATOR
RESOLUTION NO. 7779 - JOHN RUMSEY,
TRAFFIC ENGINEER
RESOLUTION NO. 7780 - ART BROOK,
FORMER SENIOR PLANNER
RESOLUTION NO. 7781 - GARY T.
RAGGHIANTI, CITY ATTORNEY
RESOLUTION NO. 7782 - SAN RAFAEL
PLANNING COMMISSION
Approved staff recommendation
denying request from the County
for financial contribution to
Lucasfilm Assessment Appeal.
RESOLUTION NO. 7783 - RECOGNIZING
LONATE POZZOLO, PROVINCE OF VARESE,
ITALY, AS A SISTER CITY
RESOLUTION NO. 7784 - AUTHORIZING
THE PURCHASE OF A TACTICAL SURVEIL-
LANCE RECEIVER, TRANSMITTERS AND
ACCESSORIES FOR USE BY THE POLICE
DEPARTMENT FROM AEROLOG INDUSTRIES,
NORTHBRIDGE, CALIFORNIA, IN AMOUNT
OF $8,598.72 (lowest responsible
bid meeting specifications).
RESOLUTION NO. 7785 - AUTHORIZING
EXECUTION OF THE CITY OF SAN RAFAEL
COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENTS FOR 1988/89:
a. PICKLEWEED COMMUNITY CENTER,
$40,000
b. CHILD CARE SCHOLARSHIPS, $5,800
c. AFTER SCHOOL ACADEMY HOMEWORK
PLACE PROGRAM SCHOLARSHIPS,
$1,000
RESOLUTION NO. 7786 - AUTHORIZING
MAYOR AND CITY CLERK TO EXECUTE
GRANT AGREEMENT WITH MARIN
COMMUNITY FOUNDATION FOR PICKLEWEED
PARK CHILD CARE CENTER IMPROVEMENTS
IN AMOUNT OF $30,000 (Grant Agreemnt
#88-223).
RESOLUTION NO. 7787 - AUTHORIZING
STAFF TO APPLY FOR A $70,000 LIBRARY
SERVICES CONSTRUCTION ACT (LSCA)
GRANT, "CALIFORNIA LITERACY
CAMPAIGN", (To develop volunteer
adult literacy tutoring program
in San Rafael)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
SRCC MINUTES (Regular) 8/1/88 Page 2
SRCC MINUTES (Regula i 8/1/88 Page 3
4. RESOLUTIONS AUTHORIZING EXECUTION OF FOURTH MODIFICATION TO JOINT
POWERS AGREEMENT AND PURCHASE AGREEMENT WITH HOWARD FOSTER, RE
ACQUISITION OF ADDITIONAL PARCEL AND EASEMENT - SUN VALLEY OPEN SPACE
ASSESSMENT DISTRICT (PW) - File 6-36
At the request of staff, Mayor Mulryan pulled this item off the agenda.
Item to be placed on agenda for meeting of August 15, 1988.
6. RENEWAL OF CONTRACT WITH JOHN ROBERTO FOR PLANNING SERVICES
(Pl) - File 4-3-185
Councilmember Boro asked Planning Director Moore to project what the
Planning Department's needs will be in the future for outside assistance.
Ms. Moore stated this is an unusual situation where a project which
Mr. Roberto had worked on was submitted after going through a period
of redesign and delay. Staff had anticipated doing the work, however,
by the time the project was firmed up, there was another vacancy in
the department and because Mr. Roberto was familiar with the project,
a decision was made to have a him continue with the work.
Ms. Moore indicated Mr. Roberto would be paid $60 per hour with lower
rates for Associates.
Ms. Moore stated presently they are not assigning new applications
to consultants although in some cases, applicants are agreeing to
pay consultant fees to expedite projects.
In response to Councilmember Boro's question if Planning Department
has other consultant firms hired to work on projects for the City,
Ms. Moore mentioned Bryan and Murphy and Forsher + Guthrie.
RESOLUTION NO. 7788 - AUTHORIZING RENEWAL OF CONTRACT WITH JOHN ROBERTO
FOR PLANNING SERVICES FOR A TERM OF ONE YEAR
(365) DAYS FROM AUGUST 1, 1988 TO AUGUST 1,
1989. (Either party may terminate sooner by
giving 30 days' written notice)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
9. APPROPRIATION FROM DAVIDSON BEQUEST FOR LIBRARY BOOK BUDGET
(Lib) - File 8-20 x 9-3-61
Councilmember Thayer noted that the Davidson Bequest has grown to
$781,210, stating that library services are very important, and
recommended allocating more funds to the Library Book Budget.
Library Director Stratford noted the $30,000 appropriation had been
discussed with the Board of Library Trustees and they agreed the amount
was appropriate.
RESOLUTION NO. 7789 - APPROPRIATING $30,000 FROM THE DAVIDSON BEQUEST
FOR THE LIBRARY BOOK BUDGET, FISCAL YEAR
1988/89
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
10. CONTRACT WITH ARTIST FOR NATIONAL ENDOWMENT FOR THE ARTS (NEA) "GARDEN
PROJECT" ON FALKIRK GROUNDS (Lib) - File 4-10-222 x 9-3-84
At the request of Mayor Mulryan, Ms. Carol Adney, Cultural Affairs
Supervisor showed a model by Artist Heather McGill of a reflecting
pool with dome shaped lattice work, noting it will be five feet high
and 16 feet across. The center is 18 feet deep and strong screening
will be placed on top as a safety feature. Benches will be placed
along the side where people may sit.
Library Director Stratford stated the NEA Grant is for $5,000, and
the piece will be on the Falkirk grounds for two years at which time
it will be evaluated for continued placement.
SRCC MINUTES (Regular) 8/1/88 Page 3
SRCC MINUTES (Regular) 8/1/88 Page 4
RESOLUTION NO. 7790 - AUTHORIZING MAYOR AND CITY CLERK TO SIGN AN
AGREEMENT WITH ARTIST, HEATHER McGILL FOR
TEMPORARY PLACEMENT OF A WORK OF ART ON THE
GROUNDS OF FALKIRK CULTURAL CENTER
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
PRESENTATION OF RESOLUTIONS - File 115
Mayor Mulryan presented Resolutions of Appreciation to the following:
Anne Moore, Planning Director; Jean Freitas, Senior Planner; John
Rumsey, Traffic Engineer; Gary T. Ragghianti, City Attorney and Art
Brook, Former Senior Planner.
Mayor Mulryan stated the Council appreciated the hard work and many
hours put forth by all as a team effort; the changes made in rapid
succession meeting after meeting; the many meetings held with the
public to obtain their input; the traffic impact which was so important
to the Plan; the legal expertise in land law from legal counsel and
the continued work by Art Brook after he left the San Rafael Planning
Department to work with the Public Works Department at the County.
16. PUBLIC HEARING - ED87-112 - APPEAL OF PLANNING COMMISSION CONDITIONAL
APPROVAL OF ADDITIONAL UNIT ON R-3 LOT WITH NEW PARKING; 279 UNION
STREET; DAN AND SEAN NOWELL, OWNERS; JEFF MULANAX, APPELLANT; AP 14-024-06
(Pl) - File 10-7
Mayor Mulryan declared the public hearing opened, and continued the
public hearing to the meeting of August 15, 1988, as requested by
Dan Nowell, Owner, because of his vacation plans.
17. DISCUSSION OF SEASTRAND SUBDIVISION PARCEL "B", AP #16-301-21 (CA)
- File 5-1-242 x 9-3-16
Mayor Mulryan stated a meeting was held with optionee, Mr. Len Nibbi,
asking him to have a covenant voluntarily put on the property restrict-
ing it to one single residential unit; however, he declined, stating
he was not legally required to do so, although his current plan is
to put only one house on the land. City Attorney Ragghianti informed
the Council they have no legal basis to grant a Notice of Violation,
and noted testimony from previous staff indicated the parcel has been
zoned R-1 for some time. At one time the property was discussed to
be used for private recreational but was not zoned that way.
Councilmember Breiner referred to the Harding -Lawson report from February
1976 with a letter dated 1977 speaking to differential settlement
being potentially significant for those houses sited over the margins
of the marsh area, which lots back up to Parcel "B". She noted that
for lots one through 13 with the possible exception of lot four, each
warranted a study of differential settlement potential. They are
sited on the edge of compressible marsh deposits, which is Parcel
"B". She stated before any building permit is issued, more borings
should be made before anything is permitted.
City Attorney Ragghianti informed Council, if they have information
at this time that indicates it would be unsafe to construct a house
where a house is proposed to be constructed, Council has the right
to require some demonstration that it would be safe.
Public Works Director Bernardi noted the soils information submitted
with the application for a building permit addressed the report Council -
member Breiner spoke of and it indicated no borings were taken on
Parcel "B" itself, but that there were borings sufficiently close
to Parcel "B" to indicate what the soil types were as you go down
to bedrock. He noted as far as differential settlement is concerned,
there will be settlement there and the foundations have been designed
on what is described as a heavy reinforced grid foundation typical
to what was constructed at Spinnaker Point. Therefore, as settlement
occurs, the foundations should be able to withstand any kind of differ-
ential settlement.
SRCC MINUTES (Regular) 8/1/88 Page 4
SRCC MINUTES (Regula_, 8/1/88 Page 5
Councilmember Boro noted there should be some kind of assurance that
if a home is placed on the property, it would be done in a way that
demonstrated there would be no impact on the homes already there.
In response to Councilmember Breiner's question as to what basis the
Assessor used to assess the property at such a low rate for years
and whether there is a chance to recapture the higher tax, City Manager
Nicolai stated the higher tax can be recaptured, noting the Assessor
stated up to 1985 the property was assessed as open space. Thereafter,
the property was assessed as an undeveloped single family residential
parcel. She indicated it still is not clear on what basis they thought
it was open space prior to that time.
Terrel Mason, Attorney for Seastrand Homeowners Association stated
that the association's first option would be for the City to purchase
the property at the assessed value as open space. However, if Council
feels it is not appropriate, they request the City conduct a new Environ-
mental Impact Report on that property. He noted Councilmember Breiner
indicated there could be questions possibly answered by having a new
report done, and referred to the Planning Commission Minutes of April,
1978 where a Negative Declaration was issued based on the following:
1) Parcel "B" was going to be a "private recreational area" subject
to further review; the actual recommendation from staff, of April
25, 1978, indicates that "Any such recreational area will require
a use permit with careful assessment being made to its impact on the
residents of Seastrand as well as the residents of Sea Way". He stated
the Negative Declaration that was issued or declared back in 1978
was with the assumption that any development of that property was
going to be subject to further review by the City, based on that recrea-
tional use.
In conclusion, Mr. Mason stated the City had originally conditioned
any future development on further study which has not been done, noting
they are now approaching having a building permit issued for that
lot which was not contemplated when this map was originally approved.
Therefore, he asked that the environmental study be done at this time
to protect the environment there and to determine whether or not the
flood plain in that area is going to have sufficient drainage.
City Attorney Ragghianti stated CEQA categorically exempts single
family homes from the preparation of environmental documents, but
there is an exception in the CEQA guidelines, 15300.2 that provides
upon unusual circumstances being found that an environmental impact
report or environmental study can be performed. He indicated other
cities also have environmental reports prepared for single family
construction, usually when the slope of the proposed building lot
exceeds a certain degree, noting it is legally possible to require
the preparation of an EIR as long as the unusual circumstances referred
to in the CEQA guidelines are articulated and objective and not subjec-
tive; such as, wetlands and flooding.
Cecelia Bridges, Attorney representing Mr. Len Nibbi, stated at the
second meeting on June 20th, Council stopped the issuance of the build-
ing permit thereby stopping the process that would normally take place,
in response to request of Attorney Mason. She noted that two of the
arguments have been dropped, the Notice of Violation and the argument
about Substantial Compliance, and Council is left with looking at
the Final Map and the Tentative Map. The Final Map shows a single
family residential lot with a building permit that will be issued
if Council removes the direction that it be stopped. In the future,
Council faces the possibility that it will see an application for
a subdivision of this over four acre lot and at that time Council
will have full discretion to act as it chooses. If Council chooses
instead to look at the Tentative Map because of all the information
heard, Council should remember that on the Tentative Map, this property
is shown as private recreation area and should be prepared to rezone
it to commercial recreation and to process an application for tennis,
swimming pool and parking lot that would be consistent with what was
done at the Tentative Map stage.
Ms. Bridges asked for more time to think about the environmental argu-
ment.
SRCC MINUTES (Regular) 8/1/88 Page 5
SRCC MINUTES (Regular) 8/1/88 Page 6
Mayor Mulryan stated Ms. Bridges comments were well taken, noting
that should the property have recreational facilities, it would cover
nearly the entire area.
Mr. Ragghianti commented on Ms. Bridges' comments stating that the
preparation of an environmental report for a single family residential
structure is a close question and noting Council should not require
an environmental impact report for single family homes unless they
are able to articulate specific data or information that leads them
or staff to believe that it is necessary.
Councilmember Breiner moved and Councilmember Boro seconded, to require
an initial environmental study be prepared on Parcel "B" in connection
with the applicant's proposed single family residence construction.
The study is to include issues of wetlands, drainage, potential for
flooding, potential for differential settlement, habitat and marshland
in general. This is to be done because of the need to protect the
public's safety in general, neighbors, the possible future property
owner and the City.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Public Works and Planning Department to review how additional environ-
mental review will be done. The Applicant to pay the cost for the
environmental review and staff to determine what the cost will be.
Planning staff to bring outline back to Council at meeting of August
15, 1988.
18. AUTHORIZATION TO CALL FOR BIDS - 346 MOUNTAIN VIEW AVENUE (PW) - File
4-1-423 x 2-5-19
Public Works Director Bernardi stated subsequent to Council's decision
to purchase the property, staff was requested to present alternatives
regarding the solution to the slide up above on the hill as well as
a solution to the house itself. The option the Council selected was
to remove the garage, perform the storm drainage work and then put
the house up for sale. Staff has completed plans and specifications
for that work.
Councilmember Breiner indicated it was her understanding that before
the property was ever put up for sale, a soils engineer was to give
the City the risk factors before a decision was made whether to sell
the house or to demolish it.
In response to concerns expressed by Councilmembers, Mr. Bernardi
gave a detailed report of what is being proposed, including removal
of the garage, with no provision for a carport at the present time,
and installation of a large drainage channel approximately 24 feet
wide and 8 feet deep, designed to accommodate any material that might
move from the top of the hill down onto the street. The side of the
house will have a retaining wall and the Bowser side would have another
retaining wall, which would protect residences at 346 and 342 Mountain
View Avenue. There is a storm drain pipe that takes care of the storm
drain runoff similar to what is up at the end of Mountain View to
catch the debris, and it would be maintained the same as other storm
drain systems.
Mr. Bernardi stated the soils engineer indicated that the material
up on the hill has stabilized but will not say he is completely possi-
tive it will never come down the hill, but believes if it does, this
facility will handle any material coming down and will not endanger
any of the houses. Also, the reason a carport has not been designed
is because the City may have to get in the area with large equipment.
Mr. Bernardi stated the proposal was sent to the Homeowners Association
and Mrs. Vipiana spoke to staff regarding the question of the garage.
He understood them to prefer the original plan the Council spoke of
which was to relocate the garage on the other side of the house and
go up two stories; however, Council felt this was too expensive and
chose not to do this.
SRCC MINUTES (Regular) 8/1/88 Page 6
SRCC MINUTES (Regul, 8/1/88 Page 7
Mayor Mulyran asked if there was anyone in the audience wishing to
address this item, and there was no one who wished to speak.
In response to Councilmember Boro's question about cost, Mr. Bernardi
explained that the $239,000 budgeted is from disaster funds which
were allocated for this project. The storm drain work was estimated
to be about $50,000 and he estimated the cost for the repairs to the
house is now closer to $175,000.
Councilmember Breiner moved and Councilmember Thayer seconded, to
authorize staff to call for bids for 346 Mountain View Avenue improve-
ments.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1547 - 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, CALIFORNIA SO AS TO RECLASSIFY CERTAIN
REAL PROPERTY FROM U-NG(R-179) (UNCLASSIFIED-NORTHGATE ACTIVITY CENTER
OVERLAY -(RESIDENTIAL -179 PEAK TRIPS) DISTRICT TO P-D-NG(R-187) (PLANNED
DEVELOPMENT-NORTHGATE ACTIVITY CENTER OVERLAY -(RESIDENTIAL -187 PEAK
TRIPS) DISTRICT. (CRESTA DRIVE, CREST MARIN II) (Pl) - 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, CALIFORNIA SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM U-NG(R-179) (UNCLASSIFIED -NORTH -
GATE ACTIVITY CENTER OVERLAY -(RESIDENTIAL -179 PEAK TRIPS) DISTRICT
TO P-D-NG(R-187) (PLANNED DEVELOPMENT-NORTHGATE ACTIVITY CENTER OVER-
LAY -(RESIDENTIAL -187 PEAK TRIPS) DISTRICT. (CRESTA DRIVE, CREST MARIN
II)"
Councilmember Breiner moved and Councilmember Boro seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1547 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1548 - AN ORDINANCE
OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1433 (PARAMEDIC SERVICE
SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE FOR FISCAL YEAR 1988-89
FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES (Fin) - File 9-3-31
x 8-5
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1433
(PARAMEDIC SERVICE SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE
FOR FISCAL YEAR 1988/89 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES"
Councilmember Breiner moved and Councilmember Boro seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1548 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
At the request of Attorney Cecelia Bridges, Mayor Mulryan reversed the
agenda and called for item 22, to allow time for Attorney William Bullard
to be present at the meeting for item 21.
22. MARIN MUNICIPAL WATER DISTRICT BOARD MEMBER CHRIS MORRISON TO PRESENT
STATUS OF WATER SITUATION IN MARIN COUNTY (CM) - File 151
Marin Municipal Water District Board Member Chris Morrison gave a
status report on the water situation, stating the reservoirs are about
SRCC MINUTES (Regular) 8/1/88 Page 7
SRCC MINUTES (Regula. , 8/1/88 Page 8
55 percent of capacity and noting if we do not have any more rain
for about one more year we would still have plenty of water. He mentioned
they plan on pumping Soulejoule over the hill to Nicasio for the first
time in about 45 days, adding this is the second year in a row where
there has been about 30 percent less rain than normal. The Water District
serves all of Marin up to Hamilton Air Force Base, with five reservoirs
located within the District's boundaries.
Mr. Morrison stated that based on the Countywide Plan, in the last
eight years they anticipated an outgrowth of about 1,700 acre feet
of new water, roughly 5,000 new connections. However, over the last
eight years there has been an increase of 6,200 acre feet, and over
two-thirds of that use comes from existing customers and not from
new development. Back in years 1980, 181 and '82, water use was 140
gallons per capita; it is now up to 180 gallons per capita, with 50
percent being used for outside irrigation and 50 percent for house-
hold use.
He stated MMWD plans to build Northern California's largest Reclamation
Plant in the Las Gallinas area to pump 2h million gallons of reclaimed
water to be used throughout the Civic Center North project, Silveira
Ranch, Smith Ranch and Hamilton Air Force Base. Before a water hookup
is granted, MMWD will first evaluate if they want to sell the customer
reclaimed water.
MMWD is using about 33,500 acre feet per year of water and has basically
1,500 extra acre feet. They have committed about 700 acre feet to
buildings going up now, with permits and pipeline extensions, leaving
only about 800 acre feet of water left, which equals about 2,400 resi-
dential units.
Mr. Morrison indicated they can get temporary water for 30 years through
an agreement with Sonoma County Water Agency, but noted that Sonoma
County will not give them "firm yield" or "long term yield" because
they feel they will need it for year 2020 and thereafter. He stated
the gamble is whether to continue to hook up people or shut down until
MMWD goes to the voters with a bond issue.
In conclusion, Mr. Morrison stated MMWD passed an Ordinance last Wednes-
day without severe restrictions, and they are continuing to have a
16 percent reduction over last year. He indicated during the months
of May and June, the City of San Rafael reduced water consumption
by 62 percent, saving $15,000, and noting for the six billing periods
for the last year, the City is down in water consumption 30 percent
over the previous year.
In response to Councilmember Boro's question regarding whether the
District is studying other alternatives, Mr. Morrision stated MMWD
has a $300,000 study going on now looking at three or four alternatives.
They are, North Bay Aquaduct coming from Napa, Sonoma County Water
Agency and a Cooperative Arrangement with both San Francisco and East
Bay MUD. They are also looking for some water from the State Water
Agency and have had some assurances they are willing to cooperate,
as well as negotiating with North Marin on a Water Trade Agreement.
Mayor Mulryan thanked Mr. Morrison for his informative report.
21. PRESENTATIONS ON CIVIC CENTER NORTH HOTEL AND OFFICE PROJECTS
(Pl) - File 10-1 x 10-2
Mayor Mulryan stated this item was not on the agenda for any Council
decisions but is an important hotel project to the City as well as
the Civic Center Complex. He noted the City set certain general criteria
including some convention space, harmonious design with the Frank
Lloyd Wright Center and the benefit of master planning to see what
is planned throughout the parcel.
Councilmember Breiner stated she requested this item be on the agenda
because of her concern that in terms of an overview this project might
not come before Council until it is actually built, noting this is
an important site and indicating she wanted to see how it all fits
together. She reiterated that the Council is not making any decisions
but if the Council had any concerns, for the sake of orderly planning
that they should be able to communicate their concerns to the Planning
Commission early on rather than later.
SRCC MINUTES (Regular) 8/1/88 Page 8
SRCC MINUTES (Regula_ 8/1/88 Page 9
Planning Director Moore stated much correspondence has been received
on this project including some on the nearby projects and noted
that the request from Councilmember Breiner is timely. She noted Mr.
Dwight Winther of Bryan and Murphy is the Contract Planner on both
the Embassy Suites proposal and the adjacent Civic Center North Office
Complex.
In response to Councilmember Thayer's question whether there will
be a scale model of the projects in the Civic Center area, Ms. Moore
stated staff has not directed that a model be prepared but they will
take that into consideration as they assess what is needed for the
Planning Commission to review the project.
Contract Planner Winther indicated the applicant prepared a small
scale model of the hotel and site plan of the surrounding Civic Center
buildings, but they do not have a model showing all of the Civic Center
North property and projects.
Mr. Winther gave an overview of the project, showing drawings of the
original 90 acre Civic Center North project indicating the end of
the panhandle will have 224 single and multi -family homes. The proposed
office project is located at the center of the site with the Embassy
Suites Hotel next to it. The front portion will house a restaurant
but no plans have yet been filed for this. He stated the owner of
the property was presenting conceptual drawings of the restaurant
this evening.
Mr. Winther stated the project was approved for zoning in 1983 pursuant
to the Northgate Activity Center Plan. All of the land uses described
were approved at that time. The zoning approval specifies a height
for the hotel of up to five stories and the height for the office
project up to four stories. The density approved for the Marin Lagoon
Residential Project was 300 units but the Planning Commission approved
a reduction this year to 224 units. The office project proposed is
110,000 square feet and the hotel at the proposed level of 236 rooms
is some 36 rooms more than the zoning approval, but the hotel has
always intended to supplement, as much as possible, the Marin Center
buildings and provide a basis for a viable operation. The office project
has gone before the Design Review Board and several modifications
have been made.
The site plan has a generous amount of landscaping around the perimeter
including the interior of the parking lot with 8 to 10 foot aisles
between each row of parking spaces. To a large degree, it is a result
of the building being three stories whereas the floor area ratio for
the offices is approximately the same as approved elsewhere for a
two story building. The third story of the office building allows
freeing up of the site and devoting more land to landscaping than
would occur in a two story project.
The hotel project also has been subject to revisions to the site plan
and to the architecture of the structure as well as the site plan
parking layout has been revised pursuant to Design Review recommenda-
tions. It is to be built in a contemporary style to be in coordination
with the Marin Civic Center building. As required by conditions of
approval in 1983, Mr. Winther stated a pedestrian bridge will be con-
structed by the applicant from the hotel site across the creek to
connect with the Exhibition building. What was required at that time
was an easement across the property at some point to allow future
access for vehicles between McInnis Parkway and the County building.
The purpose of that is to allow a second egress from the County facili-
ties at such future time as the vehicular bridge is constructed.
Mr. Ed Stefoniak of Woodmont Development Company, in joint venture
with Embassy Suites Hotel, spoke of the proposed hotel indicating
that it will be compatible with the County buildings in style, color
and materials used. He then covered the floor plan, recreation area,
administration area and full size restaurant serving all meals.
In response to Council's concern about having sufficient meeting rooms
to be used for conventions, Mr. Stefoniak stated the Ballroom would
be 5,000 square feet and could be used for one function or divided
into four medium spaces, noting it should be able to hold 350 people.
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Councilmember Boro mentioned having banquet facilities to accommodate
as many as 500 people attending a convention, to serve not only those
staying at the Embassy Suites Hotel but at other surrounding hotels.
Council indicated they would ask the Planning Commission to look at
this matter closely.
Councilmember Breiner suggested Recreation Director Sharon McNamee
be contacted to obtain information on the demand for use of the large
room at the San Rafael Community Center.
Mr. Stefoniak stated it was his understanding the Clarion Hotel has
2,700 square feet and they are proposing 5,000 square feet for the
ballroom. He then displayed a small scale model of the plan on a site
layout.
Planning Director Moore stated the materials will be available for
the public to view.
Mr. Joe Shekou, commented on the square footage of the Ballroom and
referred to the Master Plan of the Civic Center approved by the City
Council in 1983/84, which called for a 200 room motel. He stated the
expectation was increased by the community and City when the project
started and now they are close to 9,000 square feet which includes
the Ballroom, Corporate Rooms and outside area. He noted that part
of the hotel is the most losing part of the project.
He indicated in 1983/84 the Master Plan was approved for a four story
office building maximum with 140,000 square feet minimum and the new
General Plan called for 110,000 square feet for a three story building.
Mr. Shekou stated they will prepare a model but that it may change
because the restaurant is only conceptual at this point.
Councilmember Boro suggested the Planning Commission require as a
condition of the subdivision that the applicant have very specific
uses and design criteria for that site so no matter who the future
owner is, those conditions go with the land.
Mr. Shekou stated he understood Mr. Boro's suggestion, indicating
they are following the same square footage as recommended and added
that the site is large enough to accommodate the 7,500 square foot
restaurant.
Councilmember Breiner asked that comments from the Chamber of Commerce,
North San Rafael Coalition of Residents and the Mont Marin Homeowners
Association be recognized. She was concerned about the vehicular access
in terms of the traffic on the frontage road and hoped the Planning
Commission would consider this to be a major point, as well as the
aesthetics and the massiveness of the building.
Mr. Ralph Merola spoke on the importance of having scale models for
the buildings to be able to see the difference in story heights.
Mrs. Jean Starkweather submitted a letter from the Marin Conservation
League which is concerned about the cumulative effect of the building
in both Civic Center North and Civic Center Plaza. She asked that
a Focused EIR be done for the cumulative effects of the projects on
traffic, wetlands and aesthetics, and that the office building and
hotel site be planned together.
In response to question from Mayor Mulryan with respect to the published
EIR, Planning Director Moore stated the amount of development proposed
has been looked at cumulatively, assessed in the General Plan EIR
and setbacks are also being looked at on each project for consistency
with the General Plan. She noted staff therefore is not recommending
to the Planning Commission, the preparation of a Focused EIR but instead,
is drawing on the environmental review work that has already and very
recently been done regarding the site.
In response to Councilmember Breiner's question if there would be
any way Council could require that any final approval come before
Council, Ms. Moore noted that the hotel zoning has to come before
Council because of the 200 room limit, but that the use permit and
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design review applications for the hotel would be reviewed by the
Planning Commission as well as for the office and when applications
are filed for the restaurant. Presently, the hotel site includes the
restaurant parcel and part of the proposal is a subdivision.
Mayor Mulryan commented that Council has not been inclined to grant
a subdivision because they want this to be master planned and want
to know what is going in. If a subdivision is being requested, Mayor
Mulryan asked Mr. Shekou to think about being more specific in that
Council wants to know what the restaurant will look like in bulk and
the market to which it would cater.
Ms. Moore spoke on the office building stating she will be consulting
with the City Attorney, noting the City's Zoning Ordinance authorizes
the Planning Commission to review and consider use permits and design
review and those are the two applications for the office complex.
She indicated after the Planning Commission has reviewed it, Council
would have the right to call it up upon appeal if they wanted to.
Mayor Mulryan thanked everyone for their input on this matter.
There being no further business, the meeting was adjourned.
JEANN" LEONCINI,ity C erk
APPROVED THIS DAY OF 1988
MAYOR OF THE CITY OF SAN RAFAEL
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