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HomeMy WebLinkAboutCC Minutes 1988-09-06SRCC MINUTES (Regula_) 9/6/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 6, 1988 AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 88-20 (a) - (#1) Bonnie Cooke Adams vs. City of San Rafael. No. 88-20 (b) - (#1) Edward J. and Joan C. Wishovich vs. City of San Rafael. No. 88-20 (c) - (#1) Marin Food Specialties, Inc. et al vs. City of San Rafael. No. 88-20 (d) - (#7). No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 6, 1988 AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Breiner moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: Item Recommended Action 2. Approval of Minutes of Regular Meetings Approved as submitted. of August 1 and 15, 1988 and Special Meeting (Closed Session) of August 22, 1988 (CC) 8. Authorization for Sale of City -Owned Property - 335 Forbes Avenue (RA) - File 2-7 x 2-5-18 9. Adoption of Resolution of Findings Re Denial of Appeal of Additional Unit on R-3 Lot with New Parking; 279 Union Street; AP #14-024-06; Jeff Mulanax, Appellant (Pl) - File 10-7 10. TS87-4 - Appeals of Tentative Map for Five Lot Subdivision; 21 Madrona Street at Clorinda Avenue; Jim Turrini et al, Owner; Oberkamper & Associates, Rep.; Peter and Kathleen Lambert and Bill McCluskey, Appellants; AP #12-161-10 (Pl) - File 5-1-310 x 10-6 Approved staff recommendation to have item rescheduled to Meeting of September 19, 1988. RESOLUTION NO. 7804 - UPHOLDING PLANNING COMMISSION CONDITIONAL APPROVAL OF ED 87-112, APPROVAL OF ADDITIONAL UNIT ON R-3 LOT WITH NEW PARKING AT 279 UNION STREET, WITH AMENDED CONDITIONS City Council set Public Hearing for both Appeals for Monday, October 3, 1988. 12. Resolution Setting the 1988/89 RESOLUTION NO. 7805 - FIXING Property Tax Rate (Fin) - File 9-12-1 THE RATE OF TAXES FOR FISCAL YEAR 1988/89 (For payment of Principal and Interest on General Obligation Open Space Bonds and Payment of Principal and Interest on Terra Linda Recreation District Bonds Assumed by City of San Rafael, January 1, 1973, the sum of $.007 for each $100 of Full Valuation) SRCC MINUTES (Regular) 9/6/88 Page 1 SRCC MINUTES (Regula. ) 9/6/88 Page 2 13. Centennial Garden on Falkirk Grounds: (Cult.Affs.) - File 4-3-201 x 9-3-84 a. Authorization of Expenditure of Falkirk Membership Funds to Develop a Landscape Plan b. Resolution Authorizing Execution of Agreement for Professional Services between City of San Rafael and Brian Wittenkeller Approved staff recommendation authorizing Expenditure of Falkirk Membership Funds to Develop a Landscape Plan. RESOLUTION NO. 7806 - AUTHORIZING THE EXPENDITURE OF FALKIRK MEMBERSHIP FUNDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT (IN THE AMOUNT OF $3,900) WITH BRIAN WITTENKELLER FOR PROFFESSIONAL SERVICES TO DEVELOP A LANDSCAPE PLAN FOR A NEI CENTENNIAL GARDEN ON FALKIRK GROUNDS 14. Authorization to Apply to the Marin RESOLUTION NO. 7807 - AUTHORIZING Community Foundation for Grant to FALKIRK STAFF TO APPLY TO Support Falkirk Capital Renovation and THE MARIN COMMUNITY FOUNDATION Programs (Cult.Affs.) - File 9-3-84 x FOR GRANT FUNDS IN SUPPORT 202 OF FALKIRK CENTENNIAL RENOVATION AND CULTURAL PROGRAMS 16. Resolutions of Appreciation for: (CM) - File 102 x 9-3-11 a. Richard Zoellner, Construction Industry Man of the Year - 1988 b. Anne DeChenne, Former Secretary, City Manager's Office 17. Claims for Damages: a. Marin Municipal Water District (PW) Claim No. 3-1-1341 b. Pacific Gas & Electric Co. (PW) Claim No. 3-1-1343 c. Ted C. Lindquist (Rec) Claim No. 3-1-1356 RESOLUTION NO. 7808 - RESOLUTION OF APPRECIATION FOR RICHARD ZOELLNER, CONSTRUCTION MAN OF THE YEAR - 1988 RESOLUTION NO. 7809 - RESOLUTION OF APPRECIATION FOR ANNE DECHENNE, FORMER SECRETARY, CITY MANAGER'S OFFICE Approved Insurance Consulting Associates, Inc. recommendations to deny claims a and b. Approved City Attorney's recommendation to deny claim c. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (from voting on the Minutes of August 1, 1988 only, due to absence from meeting). 3. ACQUISITION OF ADDITIONAL PARCEL AND EASEMENT, AP #10-041-40 - SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT (PW) - File 6-36 a. RESOLUTION AUTHORIZING EXECUTION OF FOURTH MODIFICATION TO JOINT POWERS AGREEMENT WITH MARIN COUNTY OPEN SPACE DISTRICT b. RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT WITH HOWARD AND KAREN FOSTER Mayor Mulryan asked staff if they had advised the leaders who were against the Assessment District that the acquisition of this parcel was in their best interest, and Public Works Director noted that letters will be sent out to them. RESOLUTION NO. 7810 - AUTHORIZING THE SIGNING OF THE FOURTH MODIFICATION TO THE JOINT POWERS AGREEMENT BETWEEN THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL FOR SUN VALLEY OPEN SPACE SRCC MINUTES (Regular) 9/6/88 Page 2 SRCC MINUTES (Regula. 9/6/88 Page 3 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7811 - AUTHORIZING THE SIGNING OF A PURCHASE AGREEMENT WITH HOWARD AND KAREN FOSTER AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REPORT ON BID OPENING AND AWARD OF CONTRACT - 346 MOUNTAIN VIEW AVENUE IMPROVEMENTS (PW) - File 4-1-423 x 2-5-19 Councilmember Boro asked staff for the completion date of the improve- ments and Public Works Director responded the end of October, 1988. He also stated if the work is being diligently pursued and for some reason some materials are not delivered and it is not the company's problem, the time could be extended on the contract. RESOLUTION NO. 7812 - AWARDING THE CONTRACT FOR 346 MOUNTAIN VIEW AVENUE IMPROVEMENTS TO GHILOTTI BROS., INC. (low bidder) IN THE AMOUNT OF $113,050 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. REPORT ON BID OPENING - TRAFFIC SIGNAL INSTALLATION - NORTHGATE ACTIVITY CENTER (INTERSECTIONS AT DEL PRESIDIO/LAS GALLINAS AND SMITH RANCH/ REDWOOD HIGHWAY) (PW) - File 4-1-420 x 11-10 Mayor Mulryan asked if this item was to be awarded to Steiny & Co., Inc., as low bidder, and Public Works Director Bernardi responded affirmatively. RESOLUTION NO. 7813 - RESOLUTION OF AWARD OF CONTRACT FOR TRAFFIC SIGNAL INSTALLATION - NORTHGATE ACTIVITY CENTER AREA TO STEINY & CO., INC. (low bidder in amount of $157,393) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. REPORT ON TRAFFIC SIGNAL WARRANTS - LUCAS VALLEY ROAD/LOS GAMOS DRIVE (PW) - File 11-10- x 11-15 Mayor Mulryan asked staff why the County is not paying for this item, and Traffic Engineer Rumsey stated this improvement was identified in the Northgate Activity Center Plan with the recommendation that the City work with the County with the County to contribute. He stated several developments have been completed along Lucas Valley Road and the County has not collected mitigation fees in accordance with the Northgate Activity Center Plan. Planning Director Moore stated after the City's adoption of the North - gate Activity Center Plan they officially referred The Plan to the County and they essentially adopted it. She noted special findings were made by the County at the time of approving some of the residential developments that are now under construction at Lucas Valley Road that because of the County requirements they did substantial improvements on Lucas Valley Road and the Northgate Activity Center Plan and Traffic Mitigation Fees on top of that would have been too great. She indicated it was only a matter of time that this situation would come up and felt there should have been some substantial County contributions, especially since this intersection is under the County's control. She indicated the City will refer the General Plan to the County asking for the same coordination but noted they are not bound by the City's or Planning's Zoning regulations. In response to Councilmember Thayer's question regarding the new south- bound ramp,asking if this was in lieu of the old southbound ramp, SRCC MINUTES (Regular) 9/6/88 Page 3 SRCC MINUTES (Regular) 9/6/88 Page 4 Mr. Rumsey replied this will replace the existing off -ramp, adding they will be eliminating the old off -ramp and on -ramps will be on either side. After further discussion, Council accepted the staff report and directed staff to contact the County to collect money for the traffic signal installations and to remind the County of their decision not to charge developers in the Lucas Valley Road area traffic mitigation fees for improvements, as those funds would have been used for projects such as this. 7. AGREEMENT BETWEEN CITY OF SAN RAFAEL AND CALIFORNIA DEPARTMENT OF CORRECTIONS - SAN QUENTIN STATE PRISON RE WORK PROGRAM (CM) - File 4-10-224 Councilmember Frugoli wanted to make it clear to staff that using the prisoners from San Quentin State Prison on a work program is a good idea but that they should not be hired on a bid or contract basis. Public Works Director Bernardi stated one of the ways they would use the inmates from San Quentin would be to hand sweep the Canal area. RESOLUTION NO. 7814 - AUTHORIZING THE SIGNING OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND CALIFORNIA DEPARTMENT OF CORRECTIONS - SAN QUENTIN STATE PRISON RE WORK PROGRAM FOR ONE YEAR (Initial contribution of $792 for City's share of purchase and maintenance of a van to transport inmates, and a $35 monthly charge for City's share of a portable toilet facility) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. RENEWAL OF CONTRACT WITH INSURANCE CONSULTING ASSOCIATES, INC. FOR LIABILITY CLAIMS ADMINISTRATION (CA) - File 4-10-184 Mayor Mulryan asked staff why an additional consultant is needed and City Manager Nicolai explained that Insurance Consulting Associates (ICA) is the Claims Administrator for the Liability area. She noted Bruce Codding of UNIRISK is evaluating the overall Risk Management Program including auditing the Workers Compensation Claims and studying the Safety Program as well as how public liability claims are reviewed before they are turned over to ICA. She added it is having someone come in from the outside to see how ICA is serving the City and how the other firm is servicing the City on Workers Compensation claims. Councilmember Thayer suggested having one firm do all the work, and Ms. Nicolai responded that is possible, however, most of the firms she is familiar with are specialized, and firms who were doing both have spun off, noting this is becoming very technical. She noted the City is planning to look at what the umbrella should be, whether it should be handled in-house versus contracting out. RESOLUTION NO. 7815 - AUTHORIZING EXECUTION OF AGREEMENT WITH INSURANCE CONSULTING ASSOCIATES, INC. - CONTRACT EXTENSION AGREEMENT FOR ONE YEAR FROM SEPTEMBER 10, 1988 AND TERMINATING AT MIDNIGHT, SEPTEMBER 9, 1989 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. RESOLUTION GRANTING WAIVER OF BIDDING PROCEDURE AND AUTHORIZING PURCHASE OF PORTABLE RESTROOMS FOR PICKLEWEED CHILD CARE PROGRAM - File 4-1-419 Mayor Mulyran asked staff why they did not know about the State Require- ments before, and Recreation Director McNamee responded they were not aware that pre -fabricated buildings came under different State Codes until they were two to three weeks into the contract process. SRCC MINUTES (Regular) 9/6/88 Page 4 SRCC MINUTES (Regular, 9/6/88 Page 5 RESOLUTION NO. 7816 - GRANTING WAIVER OF THE BID PROCEDURE AND AUTHORIZING PURCHASE OF A PORTABLE RESTROOM BUILDING FOR THE PICKLEWEED PARK CHILD CARE CENTER AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANNE DECHENNE, FORMER SECRETARY, CITY MANAGER'S OFFICE - File 102 x 9-3-11 Mayor Mulryan presented the Resolution of Appreciation to Anne DeChenne, former Secretary with the City Manager's Office, thanking her for her excellent work for five years. 19. PUBLIC HEARING - UP88-35 and ED88-26 - APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF USE PERMIT AND DESIGN REVIEW FOR 26,700 SQUARE FOOT AUTO DEALERSHIP IN PCM DISTRICT; NORTHEAST CORNER FRANCISCO BOULEVARD AND SHORELINE PARKWAY, JOHN IRISH, OWNER AND APPELLANT; PAUL IACONO AND FREDERICK F. PETERSON, ATTORNEY, REPS.; AP #9-320-34 & 35 (P1) - File 10-5 x 10-7 Mayor Mulryan declared the public hearing opened. Principal Planner Curt Johnston stated on August 23, 1988, Planning Commission approved the John Irish Auto Dealership development of 26,700 square feet on 2.5 acres. The dealership includes six makes of automobiles, Jeep, Eagle, Maserati, Lincoln, Mercury and Merkur. Following Planning Commission's approval, the Applicant appealed four Conditions of Approval; Kerner Boulevard fascia band, Kerner Boulevard freestanding sign, number of p.m. peak trips allotted for the project, and the landscaping plan. Kerner Boulevard Facade Mr. Johnston stated the Design Review Board reviewed this project on three occasions, discussing a number of significant issues. This specific concern regarding the Kerner Boulevard elevation is that in the future, Kerner Boulevard will be extended across the wetland area making it a major arterial through the East San Rafael area, and should the Shoreline Industrial Park develop as an auto center, the corner at Shoreline and Kerner will become a focal point. For those reasons, the project was approved with a condition requiring a minor upgrade to a higher visible elevation (6 foot high facade projecting 4 feet out from the building wall wrapping around both the north and south corners of the building). There were a number of alternatives discussed between the Planning Commission and Applicant who stated that providing a higher visibility or quality elevation may tend to distract customers from the main showroom area. The Planning Commission felt the simplistic facade with a rollup door would not conflict with the front of the building which faces the freeway with a 12 foot high showroom glass. Kerner Boulevard Freestanding Sign Mr. Johnston stated that Planning Commission approved a 96 square foot freestanding sign on Francisco Boulevard (a freeway oriented sign). The Planning Commission approved a 48 square foot freestanding sign on Kerner Boulevard, indicating this is the sign in question but that the Applicant was requesting 72 square feet. The Planning Commission recognized that a larger freestanding sign is necessary on Kerner Boulevard because there are six automobile makes that need to be advertised; however, they also felt that a 72 square foot sign was an undesirable precedent and that it would allow the Applicant the maximum permitted by the Zoning Ordinance for a freeway oriented sign. P.M. Peak Trips Mr. Johnston stated the project was approved with a transfer of 67 PM peak trips from 300 historic trips assigned to the Shoreline Indus- SRCC MINUTES (Regular) 9/6/88 Page 5 SRCC MINUTES (Regular) 9/6/88 Page 6 trial Park. This is an issue the City feels is indirectly involved under the General Plan; basically the historic trips are exempted from traffic mitigation fees but in this case 67 of those historic trips are being transferred. He noted there is an agreement based on the value of those transfer trips between the auto dealer and the property owner, therefore, although City fees are not involved there is a value assigned to the trips. Early in the project, the Applicant had discussions with staff that initially the project was 22,000 square feet versus the 26,700 square feet approved by the Planning Commission. He stated there is a difference when trip generation rates are involved and the fees are based on discount for retail projects which take only 40 percent of the normal fee for non -retail projects. Mr. Johnston stated if this project were approved as an auto dealer in a plaza it would be assigned 43 trips and the fee would be based on 14 trips, but this is not an auto plaza. He noted that stand alone dealers have a higher trip generation than one in an auto plaza. Based on this, the Planning Commission did not feel it could approve the lower trip rate. Landscape Plan Mr. Johnston stated after the Design Review Board completed its discus- sion and recommendation on the project, a revised design concept for the landscaping was submitted. The difference is having a turf cover area versus juniper shrubs. Staff was concerned about the juniper shrubs but referred the issue to the Design Review Board. Staff's opinion is that, given the clean,straight line architecture with the white stucco facade and white painted block the cleaner look would be with turf. In response to Councilmember Thayer's question regarding several makes of cars sold by a solo dealership, Mr. Johnston replied that trip rates are based on the fact that one shopper will go to that dealership, shop only at that dealership and leave. It was felt if there were more than two or three separate businesses, someone may park at one location and walk or take a short drive to another location but it would not increase traffic through the critical intersections or create any p.m. peak traffic, noting this is the concept behind the trips. Mr. Johnston responded to a question posed by Councilmember Frugoli regarding the facade, stating when staff reviewed the sign program, a comment was made as to why the Kerner Boulevard sign should be built. He noted at this point it is a "dead end" street but from the Applicant's point of view, he is looking for approval of the ultimate development and it includes the sign. William Bernstein, Attorney with Mulholland, Bernstein & Peterson, representing Mr. John Irish, Applicant, stated he concurred with staff regarding the landscape policy, as long as it is understood that there will be no added costs involved. Trips - Mr. Bernstein asked that the trips be credited as an auto center; he noted it is not entirely accurate that Mr. Irish is the only dealer in that area, indicating there is nobody out there and Mr. Irish is to be the first. He said if the City has a commitment to make this a true auto center, the way to fulfill that commitment is to declare that this is going to be an auto center and that Mr. Irish be given the trip allotment based on an auto center and the way it is calculated. Fascia - Mr. Bernstein stated they do not have a problem building a 4 foot fascia on the rear of the building, but that the problem stems in wrapping the fascia around the sides of the building. He noted Mr. Irish is adamant that it would look better and cleaner if the fascia butts straight into the building and does not wrap around the building, and is concerned about the "bubble" effect. He added they want to draw attention to the front of the building, stating the front facade is 6 feet tall and wraps around and architecturally that would draw attention to people in front of the building. If the rear of the building is treated similarly it might create some confusion and they do not see the point of wrapping the fascia around the building. SRCC MINUTES (Regular) 9/6/88 Page 6 SRCC MINUTES (Regular) 9/6/88 Page 7 Sign - Mr. Bernstein noted it is true that Kerner Boulevard is not scheduled to happen for a few more years but stated they would like to have approval for a 72 square foot sign as opposed to the 48 square foot sign which the Planning Commission has approved. He stated 248 square feet of total signage was approved, and noted they are requesting 236 square feet and that it be reconfigured so more information can be added on the freestanding sign. Their reasons are: The number of makes of automobiles and information that needs to be conveyed; the building itself is set back 65 feet from the traveled way. He noted having information on the wall would be too far away and people would not be able to see it, therefore, they would prefer to have the infor- mation closer to the street where it can be seen. Mr. John Irish, Applicant, stated many of the design changes going through the Planning Commission were based on his dealership being a "Role Model" for a future auto center, noting he has incurred much landscaping expense. He stated if he is to be treated as an auto center then the trip permit should be based as such. Councilmember Breiner referred to comparisons of signs with other dealerships on Francisco Boulevard, and Mr. Johnston indicated the problem with comparing this sign to an existing dealership is that signs today primarily advertise one make of automobile, but staff provided a survey and photographs of signs along Francisco Boulevard and noted they range greatly, and basically the sign Mr. Irish is asking for is in the "ball park" of what they are talking about and which the Planning Commission has approved; he added it is important to note that they are freeway oriented signs, but in terms of relating them to this sign is the fact that it advertises one dealer. Mayor Mulryan asked if trips were calculated as part of an auto center, what would the difference be, and Mr. Johnston responded 67 trips versus 43 trips. He also pointed out that the sign information was a field survey by the City's Code Enforcement Officers. Councilmember Boro referred to the first freestanding sign, where the Planning Commission had gone 24 feet over what is allowed; in the second, they allowed 48 feet where none is permitted and noted some concessions had been made, stating he is supporting the signing as approved by the Planning Commission. Regarding the trips, Councilmember Boro felt they should deal with the single dealership although in the future there may be an auto park and when the auto park happens a refund should be made to the Applicant at that time. Mr. Johnston pointed out what Councilmember Boro spoke to regarding an auto center being developed in the future was recognized in the Planning Commission staff report and that the difference be redis- tributed back to the Shoreline Industrial Park. Attorney Bernstein pointed out to Section 14.12.060, part of the Sign Ordinance allows additional area for several reasons; To overcome a disadvantage because of an exceptional setback between the street and the sign orientation sign location; To permit more sign area in a single sign than is allowed but less than the total allowed for the site for a more orderly and concise pattern of signing will result; To allow a sign to be in proper scale with the building's use. He noted any one of those exceptions would permit the increased size of the sign under the Ordinance. Councilmember Frugoli noted there are six dealerships in one agency and although they are with one owner, if each one of those agencies tried to put up a sign similar to Nissan, Datsun and Volvo, it would be 1200 square feet across, but Mr. Irish wants to put up only one sign for the six dealerships. He mentioned that Mr. Irish should be allowed to have the sign he is requesting. Mayor Mulryan responded to Councilmember Frugoli by stating there have been some concessions made by the Planning Commission and staff by agreeing with the 48 square feet on Kerner which is 10 or 15 feet away from the street, and although the numbers may not be agreed upon, the concept was addressed. SRCC MINUTES (Regular) 9/6/88 Page 7 SRCC MINUTF (Regular) 9/6/88 Page 8 Councilmember Breiner added that staff and the Planning Commission were very liberal in the interpretation of site and granted it as being two sites although it is only one. Councilmember Thayer agreed with Councilmember Frugoli on the sign but also agreed with the Planning Commission on the facade being wrapped around the building. Regarding the sign, she noted this dealership is unique because of the mix of vehicles and she agreed with this, but indicated that does not mean she agrees with the extension of Kerner Boulevard. There being no further comments, Mayor Mulryan closed the public hearing. Council Decisions Landscaping Plan - Councilmember Frugoli moved and Councilmember Breiner seconded, to accept staff's recommendation and go with the original landscape plan that turf be utilized. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PM Peak Trips - Councilmember Breiner moved and Councilmember Thayer seconded, to modify trips consistent with auto center trip generation rates. AYES: COUNCILMEMBERS: Breiner, Frugoli & Thayer NOES: COUNCILMEMBERS: Boro & Mayor Mulryan ABSENT: COUNCILMEMBERS: None Free Standing Sign on Kerner Boulevard - Councilmember Frugoli moved and Councilmember Thayer seconded, to allow the 72 foot sign that shows all five dealerships, with the total square footage being 236 rather than 248. AYES: COUNCILMEMBERS: Frugoli & Thayer NOES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan ABSENT: COUNCILMEMBERS: None Motion failed. Facade - Councilmember Boro moved and Councilmember Breiner seconded, agreeing with the Applicant that the fascia band not be wrapped around the building, and also agreed with a 4 foot facade. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff to come back to Council with Resolution of Findings at meeting of September 19, 1988. 20. PUBLIC HEARING - TO CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, REPEALING TITLE 8, CHAPTER 8.12 ENTITLED "MISCELLANEOUS PUBLIC OFFENSES", SECTIONS 8.12.050 THROUGH 8.12.060 ENTITLED "FORTUNE-TELLING", AND RENUMBERING SECTION 8.12.080; AMENDING TITLE 8, CHAPTER 8.20 ENTITLED "INTRUSION, DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS", SECTIONS 8.20.160, 8.20.190 AND 8.20.210, AND ADDING SECTION 8.20.165 ENTITLED "REINSTATEMENT FEE"; AMENDING TITLE 8, CHAPTER 8.34 ENTITLED "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES", SECTIONS 8.34.010, 8.34.020, 8.34.030, 8.34.040, 8.34.050, 8.34.060, 8.34.080, 8.34.090, 8.34.150, 8.34.160, 8.34.170, 8.34.180, AND 8.34.210; REPEALING TITLE 10, CHAPTER 10.60 ENTITLED "VEHICLES FOR HIRE", SECTIONS 10.60.100, 10.60.110, 10.60.120, 10.60.121 AND 10.60.130, AMENDING SECTIONS 10.60.010, AND 10.60.090, AND RENUMBERING SECTIONS 10.60.140, 10.60.150, 10.60.152, 10.60.160 THROUGH 10.60.190; REPEALING TITLE 10, CHAPTER 10.84 ENTITLED "TOW CAR BUSINESS AND OPERATIONS", SECTIONS 10.84.040 AND 10.84.050, AND AMENDING SECTIONS 10.84.060, 10.84.081, AND 10.84.130, AND RENUMBERING SECTIONS 10.84.060, 10.84.070, 10.84.080, 10.84.081, 10.84.090, 10.84.100, 10.84.110, AND 10.84.120 OF THE SAN RAFAEL MUNICIPAL CODE - File 9-10-2 x 9-10-3 x 9-9 x 13-8 x 146 x 9-3-30 x 9-3-31- SRCC MINUTES (Regular) 9/6/88 Page 8 SRCC MINUTES (Regular) 9/6/88 Page 9 City Manager Nicolai stated they hope to have a constant vigilant review of how staff and allocation of manpower will be handled. Staff decided to amend some of the existing ordinances that require permitting activities handled in the Police Department, taking a fresh look at them and questioning some of them. She requested that Council eliminate some of the regulations that relate primarily to tow truck operator permitting, and rather than permitting individual drivers that the City permit the company itself; the same is true with massage parlor technicians; taxicab drivers and fortune-tellers. She indicated the businesses would be accountable for their own employees. Driver Permits - Ms. Nicolai stated this would dramatically reduce a "paperwork" process, noting staff has done a survey of other jurisdic- tions to see what functions they handle and found that many do not undertake these types of activities. She indicated this also creates a reliance on the City, noting when the City does permit them the City really does not know anymore whether or not they actually have been convicted of some crime in the past. False Alarms - Ms. Nicolai mentioned with the advent of electronic alarm systems in residences and businesses, it is to the point where 10 percent of the workload in the Patrol Division is spent dealing with responses to false alarms, noting 95 percent are false alarms. She noted this is an area where some responsibility needs to be placed back on the individual alarm, because the City is getting between the owner, the alarm company and the phone company as to whose fault it is, but it is the Police Department who is the one to respond and it is taking up a significant amount of manpower. Ms. Nicolai stated many jurisdictions do not respond at all, noting it is the responsibility of the alarm company to determine first, whether or not there is an issue to deal with and if so, follow it up by contacting the Police Department. Therefore, the department does provide a high level of service in San Rafael in being the first responder to alarms, and is proposing having some constraints as to the number of false alarms the department will respond to in any 12 month period before they notify the alarm owner that they will no longer respond to that call. They would still be giving them an oppor- tunity to reinstate that service, but with a fee involved that staff feels represents manpower allocation in dealing with that number of false alarms. Ms. Nicolai recommended they be limited to 4 false alarms in any one 12 month period before they are notified that the Police Department will no longer be responding to an alarm. She noted this means that if someone called them saying there is something wrong and there was an eye witness to a situation, they would respond, but she made it clear that they would not respond to an alarm per se without verification that there is an issue going_on. The_property owner could then come in to reinstate their ability to receive calls by paying a fee of $200 and the 12 month period would start again. In response to Mayor Mulryan's question if this affects typical residen- tial alarms that go off and are not hooked up to the Police Department; and the alarm is not shut off within a certain time, the alarm company calls the Police Department to notify them that the alarm is on, Police Chief Ingwersen responded that is correct. He stated all alarms are diverted to a central alarm station and that station makes the determi- nation according with their electronics whether it is a valid alarm or not, and it is only at the time they actually call the Police Depart- ment that the Department will dispatch a unit. Chief Ingwersen stated the Department is proposing doing this 4 times in a given year and after that they are to resolve their problem. Councilmember Breiner stated she could understand the administrative workload to track and monitor the alarms, but felt if, in fact, the Police do respond whether it is a false alarm or not, there should be something left at the property to indicate to the homeowner that the Police have been there. Police Chief Ingwersen stated his Department will leave a note that they have responded, especially with those alarms that are audible and do not go to a central alarm station whereby they have no contact and may not even know that their alarm has gone off. SRCC MINUTES (Regular) 9/6/88 Page 9 SRCC MINUTES (Regular, 9/6/88 Page 10 In response to Councilmember Frugoli's question if the Department will send letters to owners stating that the first false alarm has taken place, Chief Ingwersen stated if it is an alarm going to a central station it will be kept track of at that station, and the Department also will have a record of it. He also indicated that notification is done between the owner and the alarm company. Chief Ingwersen stated many times they do not reset the alarm, and asked Council to pass the provision, that uncommitted alarms also have a fine associated with them because those are generally the alarms that have been placed without permits and the Department has difficulty in shutting them down, noting many times they have to physically discon- nect them. Assistant City Attorney Casey responded to a reference made by Council - member Breiner on Section 10.84.041, regarding Taxi Companies, stating that the text makes it clear that the operator is the owner of the business and not a driver of the car, and that they are licensing the owner of the business. Councilmember Boro complimented Police Chief Ingwersen on the re-evalua- tion that prompted the Ordinance, stating he does not see this as a cutback but as what the role of the City is and the role of the individuals and the community. Mayor Mulryan called upon anyone wishing to speak on False Alarms. Mr. Steve Blumenthal, owner of Rafael Jewelers in San Rafael, stated he has had excessive numbers of alarms which go off in the middle of the night and Sundays when the store is closed. Mr. Blumenthal was not in agreement with the change having to do with False Alarms and felt that the alarm company should be penalized rather than the owner, and objected to the increase in cost. Mr. Blumenthal asked for clarification by stating, if he paid the $200 fine after four false alarms, would he continue to have services from the Police Department, and the Council assured him he would. Attorney Rudolph P. Rentzel, appearing on behalf of himself and the Downtown Merchants Association referred to the Fortune -Telling portion of the Ordinance, and asked for a delay so he may have time to study the issue. Council agreed to have the second reading and consideration of final adoption of the Ordinance delayed until the meeting of October 3, 1988. There being no further comments, Mayor Mulryan closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, REPEALING TITLE 8, CHAPTER 8.12 ENTITLED "MISCELLANEOUS PUBLIC OFFENSES", SECTIONS 8.12.050 THROUGH 8.12.060 ENTITLED "FORTUNE-TELLING", AND RENUMBERING SECTION 8.12.080; AMENDING TITLE 8, CHAPTER 8.20 ENTITLED "INTRUSION, DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS", SECTIONS 8.20.160, 8.20.190 AND 8.20.210, AND ADDING SECTION 8.20.165 ENTITLED "REINSTATEMENT FEE"; AMENDING TITLE 8, CHAPTER 8.34 ENTITLED "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES", SECTIONS 8.34.010, 8.34.020, 8.34.030, 8.34.040, 8.34.050, 8.34.060, 8.34.080, 8.34.090, 8.34.150, 8.34.160, 8.34.170, 8.34.180, AND 8.34.210; REPEALING TITLE 10, CHAPTER 10.60 ENTITLED "VEHICLES FOR HIRE", SECTIONS 10.60.100, 10.60.110, 10.60.120, 10.60.121 AND 10.60.130, AMENDING SECTIONS 10.60.010, AND 10.60.090, AND RENUMBERING SECTIONS 10.60.140, 10.60.150, 10.60.152, 10.60.160 THROUGH 10.60.190; REPEALING TITLE 10, CHAPTER 10.84 ENTITLED "TOW CAR BUSINESS AND OPERATIONS", SECTIONS 10.84.040 AND 10.84.050, AND AMENDING SECTIONS 10.84.060, 10.84.081, AND 10.84.130, AND RENUMBERING SECTIONS 10.84.060, 10.84.070, 10.84.080, 10.84.081, 10.84.090, 10.84.100, 10.84.110, AND 10.84.120 OF THE SAN RAFAEL MUNICIPAL CODE". SRCC MINUTES (Regular) 9/6/88 Page 10 SRCC MINUTES (Regular, 9/6/88 Page 11 Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1549 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. STATUS REPORT ON INITIAL ENVIRONMENTAL STUDY FOR SEASTRAND SUBDIVISION PARCEL "B", AP #16-301-21 (P1) (VERBAL) - File 5-1-242 x 9-3-16 Mayor Mulryan stated at the previous meeting, staff was asked to explore whether Parcel "B" should be the subject of a particular environmental study which is not usually imposed on a single family residence. City Attorney Ragghianti stated he understood Council to direct staff to coordinate preparation of an Initial Study to determine if an excep- tion to the usual categorical exemption for construction of single family homes was warranted and appropriate under CEQA Guidelines, Section 15300.2. In discussions with Planning Director Moore, it is their opinion as well as his legal opinion, that it is not appropriate that the City undertake an Environmental Impact Report in connection with the construction of a single family home on this site. He noted subjects of drainage, flooding, wetlands, grading, etc. were all discussed not only in connection with this matter but also with the Public Works Department, and they are advised that in connection with the siting of the single family home and the impact with respect to drainage and reduction of the flood plain there, that appropriate conditions can be attached to the issuance of the Building Permit which would mitigate any concerns, particularly with reference to soils stability and hydrology. In summary, Mr. Ragghianti stated the issues of concern to the neighbor- hood will be addressed by the Public Works Department. Public Works Director Bernardi referred to geology, stating there are a number of issues that need to be resolved prior to the issuance of the Building Permit; 1) The effect of the fill on the houses within the Seastrand Subdivision as well as the effect of the fill on the houses on Sea Way. 2) The effect of any potential settlement on the existing Sanitation District sewer lines in the immediate area. There are some sewer lines that run parallel to the wires and the sewer line that runs across to Sea Way, and any fill that gets placed over those would need to have some analyses on the effect of any new fill. Regarding hydrology, Mr. Bernardi stated one of their concerns is the effect of placing fill within a potential flood plain and how this would affect properties on Sea Way. He noted that the properties within the Seastrand Subdivision are high enough to be able to deal with those kinds of issues but the Sea Way homes are much lower. They would need to be sure that the fill placed does not affect any water surface elevations. He said, realistically, changes are very minimal but they would need to have the Applicant's engineers state this in writing. Mr. Bernardi noted that Mr. Len Nibbi, the Applicant, has a letter on file with the Corps' jurisdiction regarding hydrology which will be supplied to the City. Councilmember Breiner referred to the habitat issue and Mr. Bernardi stated when the original subdivision went before the Planning Commission for the Tentative Map, the dividing line was essentially where the storm drain pipe goes out into the canal. East of that and basically Parcel "A" that the City now owns, was considered to be the most valuable and restorable in regard to habitat. He recalled a pipe placed through the levee that allowed that area to be subject to tidal action. Parcel "B", as he recalled, was not considered as valuable and therefore was to be left as, "Not City owned". Regarding soil borings, Mr. Bernardi stated there are existing borings that are within the vicinity of the location where the house is proposed to be built. In looking at some of the boring maps done for the original Seastrand Subdivision, it appears there is a boring within about 25 to 30 feet away from where they are proposing to build a residence. SRCC MINUTES (Regular) 9/6/88 Page 11 SRCC MINUTES (Regular, 9/6/88 Page 12 Mr. Nibbi's Soils Engineer could use the information to interpolate settlement data. He added the City will review Mr. Nibbi's Soils Engineer's information. In reference to a "fail safe" drainage system, Mr. Bernardi stated any drainage system, including facilities the City is responsible for maintaining, is only as good as the maintenance provided. He stated a certain amount of "fail safeness" could be designed into a system but it still requires maintenance, and the property owner is required to maintain the onsite drainage. Councilmember Breiner suggested that staff, in addition to the hydrology, drainage, fill and settlement issues, explore a provision regarding maintenance, noting it is the City who carries the greatest risk in terms of future liability. Mayor Mulryan stated that the Applicant has voluntarily agreed to impose a condition on the property in terms of a Covenant, to restrict this property to one house only. Attorney Cecelia Bridges, representing Mr. Len Nibbi, stated for the record they have submitted for the Council's future consideration a voluntary Declaration of Restrictions which would limit development of this site to a single family dwelling with no future subdivision of the property. Terrell Mason, Attorney for Seastrand Homeowners Association stated at the last meeting there was an impression left with the homeowners that there was to be a preliminary or initial study made by staff to determine whether or not an Environmental Impact Report (EIR) would be done, or if a Negative Declaration would be appropriate. He stated he now understands that City Attorney Ragghianti's understanding is that the Council was directing staff to make a preliminary study for the purpose of what special circumstances existed as to whether or not CEQA applied or not. He indicated he understood that the Council directed there had been a finding of special circumstances and staff was directed to undertake initial studies for the EIR. For clarification, Mr. Mason asked staff for an explanation of conflict or understanding, and as a followup, if Council is satisfied with the staff report as to whether or not the special circumstances exist, whether or not City Attorney Ragghianti is convinced there are no special circumstances within CEQA or the guidelines that would be applicable to the unusual circumstances found in this case. Mr. Mason stated the single family residence issue, whether or not the EIR will be done in a single family residence under the general proposition, is very unusual and is potentially exempted under the categorical exemptions, but he noted there is an understanding from the City's standpoint, not wanting to create some kind of precedent in the future whether or not single family dwellings are always going to be subject to an EIR study or program. He noted this parcel has had such a questionable background in its development and there was a Negative Declaration issued back in 1981 or so, noting there was a comment in the staff report that there be a future study made. He referred to Minutes of April 25, 1978 and asked whether or not in the Council's mind, the preliminary study that was done by staff fills that requirement. Mr. Mason stated that although Mr. Nibbi has made a statement that he will restrict the 4. plus acres of the parcel for a single family residence, he asked if there will be a similar restriction or requirement made by the City that will require the new property owner, should this property be sold, to be required to maintain that 4.acre parcel, consistent with staff's finding whether or not there is appropriate mitigation measures for the habitat. Mayor Mulryan stated there is no question that as part of the condition of mitigation, whatever is necessary, hydrology and other reasons, would have to be maintained, and that it would be applicable to subsequent owners, noting it is a Covenant running with the land. Mr. Mason noted the Homeowners' concern is that the 4 acre parcel is currently not maintained by anybody and if there is a single family SRCC MINUTES (Regular) 9/6/88 Page 12 SRCC MINUTES (Regular, 9/6/88 Page 13 residence placed on the property, with landscaping, whether or not there will be natural habitat left. Public Works Director Bernardi referred to property maintenance and stated the Municipal Code has a law that deals with property maintenance, requiring property owners to maintain their property in a manner consis- tent with what is going on around them. In response to Councilmember Breiner's concern if there will be a certain quantifiable amount of land around the house, if it will be fenced or not fenced and what will happen to the rest of the land and whether there will be habitat restoration, City Attorney Ragghianti stated this should be asked of the Applicant, to see if he is willing in the Declaration of Covenants, to also include reference to the maintenance issues being discussed and the habitat. Attorney Bridges stated Mr. Nibbi is willing to include this in the Declaration of Restrictions to provide maintenance and noted the wording would be worked out. Mr. Ragghianti noted he would work with Ms. Bridges on the language and that it would be brought back to Council for approval. In summary, Mr. Ragghianti stated what lies ahead is for the Declaration of Covenants to be prepared in a form acceptable to the property owner and also to the City; to include the maintenance provisions, and have the appropriate hydrological and geologic work done before a Building Permit is issued on the site. 22. UP86-102, ED86-112, TS86-1 - REQUEST FOR CITY COUNCIL ACTION TO EXEMPT THE SPINNAKER POINT UNIT #5 TOWNHOUSE DEVELOPMENT FROM THE DRAFT PRIORITY PROJECTS PROCEDURE, IMPLEMENTING ADOPTED GENERAL PLAN 2000 POLICY C-7 AND PROGRAM C -b; PROJECT ADDRESS; EAST CANAL STREET AT BEDFORD COVE; AP NOS. 9-081-07, 08, 09 & 48 AND 9-082-06 (P1) - File 5-1-263 x 10-2 x 10-7 Mr. Paul Jensen, Consultant, stated on August 9, 1988, the Planning Commission certified a Negative Declaration and conditionally approved permits for Spinnaker Point Unit No. 5. The 48 unit residential town- house development is proposed at the far east end of Canal Street and is the fifth and last phase of Spinnaker Point. Unit No. 5 was approved by the Planning Commission in 1983 but because of market conditions the project was never built and consequently the previous approvals had expired. In the recent review by the Planning Commission, it was found that Unit No. 5 is consistent with the Spinnaker Point Master Plan originally adopted in 1977 and also concluded the project is compatible and consistent with other constructed phases of Spinnaker Point. He noted there were a number of changes in circumstances with regard to the General Plan and environmental issues since 1983, but the Plan- ning Commission found it appropriate to certify a Negative Declaration. The prime environmental impact associated with the project and prime General Plan issue is traffic. Mr. Jensen stated the project would generate 48 additional PM peak hour trips, adding 13 critical moves to the Bellam intersections. This constitutes a little more than one percent of the existing traffic that presently occurs through the Bellam intersection during the PM peak hours and would also constitute about 17 percent of the remaining traffic capacity to maintain mid point Level of Service "D" operational standards. Mr. Jensen stated with Spinnaker Point located in East San Rafael, a traffic sensitive area, the Planning Commission found that the project is directly impacted by Circulation Timing of Development Policies in the General Plan, and is also subject to the priority projects procedure, an implementation measure identified in the General Plan. This priority project procedure is to be used in assessing and determin- ing priority development projects for the purpose of alloting the limited amount of traffic capacity through critical intersections and so as to maintain an acceptable traffic condition. With this in mind, the Planning Commission approved the permits with a condition requiring that the project be referred to the City Council for an exemption or priority project determination. Staff has drafted a priority project procedure which has been reviewed by the Planning Commission in several hearings, but has not as yet been brought forth SRCC MINUTES (Regular) 9/6/88 Page 13 SRCC MINUTES (Regular, 9/6/88 Page 14 to the City Council for review and adoption. However, the draft proce- dures would include a list of development project types that would typically be exempt from priority determination. The Planning Commission found that Spinnaker Point Unit No. 5 qualifies for one of the exemptions recommended as follows: "Residential subdivisions that are a part of a previously authorized and presently valid planned development or similar zone, are more than 75 percent constructed and contained or provide in -lieu fees for a minimum of 10 percent of the units, affordable to low or moderate income households". He noted Spinnaker Point Unit No. 5 is the last phase of Spinnaker Point, 79 percent of the development is constructed and occupied and there are conditions in the approval to require payment of in -lieu affordable housing fees. Mr. Jensen mentioned that allowing the development to proceed would also eliminate a public nuisance that presently exists in this neighbor- hood. There continues to be loitering and garbage dumping in that area. He noted staff is recommending adoption of a Resolution with Findings which are identical to those made by the Planning Commission. Councilmember Thayer referred to the list of development projects to be exempted from the priority process and asked if these are to be tailored to meet the needs of development projects which are already "in the mill". Planning Director Moore responded typically "No", and stated there was concern for situations such as this one where a Master Plan develop- ment was substantially completed and occupied and there were real problems resulting from the possible lack of the last component going ahead. In this regard, she noted this exemption is close to being tailored made for this project. She indicated the exemptions will be primarily based on traffic impact, mentioning this is an unusual situation. RESOLUTION NO. 7817 - DEEMING THE SPINNAKER POINT UNIT NO. 5 DEVELOPMENT, A 48 UNIT RESIDENTIAL PROJECT 'EXEMPT' FROM THE DRAFT PRIORITY PROJECTS PROCEDURE IMPLEMENTING ADOPTED GENERAL PLAN 2000 POLICY C-7 AND PROGRAM C -b AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM 1. STATUS ON PROPOSED PRIORITY PROJECTS PROCEDURE - File 115 Councilmember Boro asked staff to prepare a status on the priority projects process and procedures for the next Council meeting of September 19, 1988. After discussion, Council agreed to hold a Special Workshop Meeting at 6:00 PM on September 19, 1988, to discuss the Priority Projects Procedure, possibly with the Planning Commission if they have not completed their public hearing. There being no further business, the meeting was adjourned. JEANN LEONCINI, City C erk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/6/88 Page 14