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HomeMy WebLinkAboutCC Minutes 1988-11-21SRCC MINUTES (Regular, 11/21/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 21, 1988 AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION, LABOR NEGOTIATIONS AND PERSONNEL MATTERS - File 1.4.1a No. 88-26(a) - (#7); No. 88-26(b) - (#2); No. 88-26(c) - (#6) No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 21, 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 John Thayer, Councilmember Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: APPEAL OF VARIANCE FOR CONSTRUCTION OF A DETACHED TWO -CAR GARAGE WITHIN SIDE AND FRONT YARD SETBACKS: 227 JEWELL STREET - File 10-4 Behzad Mohit, owner of the 227 Jewell Street property, addressed the Council, requesting rescheduling of the public hearing since he claimed he had not received notification of the hearing. Staff informed the Council that all notices had been mailed according to established time schedules. Since no member of the Council requested that this item (No. 4) be removed from the Consent Calendar for discussion, the request for a new public hearing was, in fact, declined. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following Consent Calendar items: Ttam 4. Resolution With Findings Grant- ing Appeal of Variance for Con- struction of a Detached Two -Car Garage Within Side and Front Yard Setbacks; 227 Jewell Street; B. Mohit, Owner; Daryl Oldenkamp, Rep.; Montecito Neighborhood Assn., Represented by Clifford P. Elbing, Appellant; AP 14-031-23 (P1) - File 10-4 x 227 Recommended Action RESOLUTION NO. 7861 - UPHOLDING THE APPEAL OF THE PLANNING COM- MISSION'S CONDITIONAL APPROVAL OF V88-19, DENYING A VARIANCE FOR CONSTRUCTION OF A DETACHED TWO -CAR GARAGE WITHIN SIDE AND FRONT YARD SETBACKS AT 227 JEWELL STREET 6. Request From Downtown Merchants Approved staff recommendation. Association re Closure of Portion of Fourth Street, Between A and Court Streets, for Annual Parade of Lights, Friday, December 2, 1988 (PD) - File 11-19 8. Lease Agreement With Interarts of Marin (Lib./Cult.Affs) - File 2-8-27 RESOLUTION NO. 7862 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Interarts of Marin for Use of Falkirk Cultural Center, 5 Yrs. 1/1/89 - 12/31/94, $200/Mo.) SRCC MINUTES (Regular) 11/21/88 Page 1 SRCC MINUTES (Regular 11/21/88 Page 2 9. Authorization to Apply to California State Office of Historic Preservation for Capital Grant for Falkirk Cultural Center (Lib/Cult. Affs) - File 4-10-226 10. Authorization to Apply to California State Office of Historic Preservation for Capital Grant for Boyd House (Lib/Cult.Affs) - File 4-10-227 12. Claims for Damages: a. John McHaney (PW) - Claim No. 3-1-1366 b. Joyce Levine (PW) - Claim No. 3-1-1370 AYES: COUNCILMEMBERS: Boro, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7863 - APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHE- OLOGY GRANT FUNDS FOR THE FALKIRK CULTURAL CENTER PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 RESOLUTION NO. 7864 - APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORY AND ARCHE- OLOGY GRANT FUNDS FOR THE BOYD HOUSE PROJECT FROM THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 Approved City Attorney's recommendations for denial of claims a. and b. Breiner, Frugoli, Thayer & Mayor Mulryan 2. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 17, 1988 AND SPECIAL MEETING OF NOVEMBER 7, 1988 (CC) Councilmember Boro asked for an amendment to the minutes of October 17, 1988, on page 5, Item 12, first line, last paragraph, requesting that after the word "about", the words "no capacity going to the build- ing" should be deleted, and the words "capacity be assigned at the outset for the building..." be inserted. Councilmember Boro moved and Councilmember Frugoli seconded, to approve the minutes of the regular meeting of October 17, 1988 as amended, and to approve the minutes of the special meeting of November 7, 1988, as submitted. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner (From minutes of October 17, 1988 only due to absence from meeting) 3. RESOLUTION AUTHORIZING THE SIGNING OF AGREEMENT FOR THE PURCHASE AND ASSIGNMENT OF FEDERAL AID URBAN (FAU) APPORTIONMENTS FROM THE CITY OF SCOTTS VALLEY (PW) - File 4-10-228 In response to a question from Councilmember Breiner, Public Works Director Bernardi explained that CALTRANS' initial estimate for the northbound on-ramp at the Manuel T. Freitas Interchange, which was merged with the Merrydale Overcrossing, had been $900,000, and after the consultant got into the design the estimate was refined and will be about $400,000. Therefore, the Federal participation in the project is $500,000 less. In order to meet the 50o rule from the Federal Highway Administration, the City needs more FAU funds, and this is why they have negotiated to purchase them from the City of Scotts Valley. Mr. Bernardi pointed out this would represent a savings of $63,300 to the Merrydale Project. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the Resolution regarding purchase of funds. RESOLUTION NO. 7865 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR THE PURCHASE AND ASSIGNMENT OF FEDERAL AID URBAN (FAU) APPORTIONMENTS FROM THE CITY OF SCOTTS VALLEY, CALIFORNIA SRCC MINUTES (Regular) 11/21/88 Page 2 SRCC MINUTES (Regular 11/21/88 Page 3 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. P88-9 - ABAG HOUSING NEEDS NUMBERS (Pl) - File 111 Mayor Mulryan stated that apparently ABAG considered that the City has a higher housing need than the City's own numbers indicate. He asked Acting Planning Director Johnston for a brief explanation. Mr. Johnston stated that the ABAG figures did not take into account many of the local issues and constraints, for instance, in the zoning. ABAG's alternative zoning considers that the needs can be met through higher density. Mr. Johnston said the idea of the housing needs numbers is basically that they represent a theoretical need, whereas the General Plan numbers which the City has, and the historic numbers, reflect more what is developed on the ground. Mayor Mulryan questioned the theoretical need, and City Attorney Ragghianti responded that ABAG is a council of governments and they are required by law to project these figures. It is not necessary for a local agency to agree with them and in many, or most, instances the local agencies do not. A negotiation process is set up in the hopes that realistic numbers can be achieved. He stated that is what happened in this instance. These negotiations are to be completed and entered into by the 13th of December. Mr. Ragghianti added that court decisions seem to be pointing in the direction of regional housing, and Environmental Impact Reports in some instances had to be redone when slow growth or no growth policies are instituted, because of the regional impact. He stated that it is ABAG which seeks by these numbers to address that regional impact. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution regarding Housing Needs Determination. RESOLUTION NO. 7866 - REVISING THE CITY'S SHARE OF THE REGIONAL HOUSING NEED AS CONTAINED IN THE SEPTEMBER 15, 1988 "HOUSING NEEDS DETERMINATION" REPORT PUBLISHED BY THE ASSOCIATION OF BAY AREA GOVERNMENTS AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. AUTHORIZATION TO GO TO BID FOR ONE MULTI -CHANNEL COMMUNICATIONS RECORDING SYSTEM FOR POLICE DEPARTMENT COMMUNICATIONS CENTER (PD) - File 4-2-231 Councilmember Thayer asked about the approximate cost of the system, and Police Chief Ingwersen replied it would be between $12,000 and $15,000. Councilmember Thayer moved and Councilmember Breiner seconded, to approve the staff recommendation to go to bid for the multi -channel communications recording system. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REPORT RE JOINT CITY/COUNTY LIBRARY PROJECT (Lib/Cult.Affs) - File 12-8 Councilmember Boro stated he would like to be assured that what happens in the long term for City library systems is not going to weaken San Rafael's system. He stated he would like to make sure that the City's system is strengthened, as well as perhaps improving other systems. He noted that the Library Board was not mentioned in the staff report, and wondered if they are participating in the project. Mayor Mulryan agreed with Councilmember Boro's concerns, and asked Library Director Stratford for input. Mr. Stratford stated he shares those same concerns, as does the Library Board. He said he would not be participating in this project if he did not feel they could provide better service in the downtown area. SRCC MINUTES (Regular) 11/21/88 Page 3 SRCC MINUTES (Regular 11/21/88 Page 4 Councilmember Boro expressed concern with the use of "downtown", since the San Rafael Library is meant to serve all citizens of San Rafael, in every part of the City. Councilmember Thayer stated that the gist of the meetings she has attended at the Civic Center has been toward strengthening the library system, and giving us better resources and pooling those resources into two facilities which are needed. Councilmember Breiner suggested that perhaps the minutes of some of the recent meetings could be distributed so the Council would be aware of what was discussed. Councilmember Boro moved and Councilmember Frugoli seconded, to accept report and approve in concept the hiring of consultant, Raymond Holt, for an amount not to exceed $5,600 to conduct a feasibility and planning study of the proposed joint City/County Library Project - staff to bring back an agreement for Council consideration in the near future. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - UP87-23 & V87-30 - CONTINUATION OF APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A SECOND DWELLING UNIT WITH VARIANCE TO ALLOW 18 FOOT HEIGHT AND REQUEST FOR "EXCEPTION" TO ALLOW SECOND UNIT TO EXCEED 1,000 SQUARE FEET IN AREA; DESIGN REVIEW FOR CONVERSION OF EXISTING DETACHED GARAGE TO SECOND DWELLING UNIT; 333 DuBOIS STREET; JOHN & CECI SIMONTACCHI, APPLICANTS; PHILIP & HELEN KEENE, APPELLANTS; AP 13-153-05 (P1 - File 10-5 x 10-4 Mayor Mulryan declared the Public Hearing opened. Acting Planning Director Johnston briefed the Council, stating that the staff recommendation is to deny the appeal of the variance and use permit of the second dwelling unit; grant an exception for square footage in excess of 1,000 square feet; and conditionally approve the environmental and design review permit. He stated that the site in question is zoned R-1, is approximately 10,000 square feet in area, and has an existing single family home on it, with a detached garage and workshop. He noted that the property is relatively flat, with no slope. Mr. Johnston stated that on December 15, 1987, the Planning Commission approved use permit and height variance applications. The use permit approval contained a condition that the second unit receive design review approval prior to the issuance of a building permit. The use permit and variance approvals were appealed to the City Council by concerned neighbors. The concerns discussed in the letter of appeal were: Noise, exhaust and headlight glow from increased use of the driveway leading to the second unit; impacts on privacy; and potential reduction of property values. Mr. Johnston stated that, since this is an existing garage, there should not be additional traffic for a single dwelling unit. Also, on the subject of privacy, this has been addressed by locating the second floor windows so they will be toward the rear yard area of the lot. The subject of massing of the building will be addressed by planting of trees along the south and east sides of the property. Mr. Johnston added that the design has been substantially upgraded since the Council last saw it, and has a hip roof for the second story portion of the building. The exterior has been enhanced by horizontal rather than vertical siding. Also, there is brick veneer on the base, at the north and eastern elevations. Mr. Johnston stated that the Planning Commission felt the project was substantially upgraded from the original design and that the second unit was appropriate. Councilmember Breiner stated that two bedrooms and two baths has a potential for four people and possibly two cars or more. She stated she had mentioned this before, and noted that it was not included in the minutes of the recent meeting. Mr. Johnston responded that that factor had not been listed in the staff report, but that the Commission had been given copies of the old minutes of the Council meeting. SRCC MINUTES (Regular) 11/21/88 Page 4 SRCC MINUTES (Regular 11/21/88 Page 5 John Simontacchi then addressed the Council, stating he has no in- tention of renting to four people with four cars. He stated the people most affected by this project are himself and his wife, and they will be very careful in renting it. He stated he has hired a landscaper, and pointed out that there will be planting to act as a buffer. Councilmember Breiner asked Mr. Simontacchi if he would be amenable to having the use permit state that there would be no more than two adults allowed, and he replied in the affirmative. Helen Keene addressed the Council, stating that parking in the area is impossible and there would be no way for emergency vehicles to get through. She expressed concern regarding headlight glare and gas pollution. Mrs. Keene's daughter spoke to confirm her mother's concerns, and asked if the Council would be willing to approve second dwelling units in all unattached garages in the area. There being no further input, Mayor Mulryan closed the public hearing. Mayor Mulryan remarked that Mr. Simontacchi has agreed not to rent to more than two adults. Councilmember Breiner stated she could not support two bedrooms and two baths. She said she could support one bedroom, and noted that while the Ordinance states the second unit cannot be more than 400 of the main dwelling, this is 53%. She recommended this could possibly be scaled down to one bedroom and one bath, and perhaps a studio below. Councilmember Frugoli stated that the Simontacchis have done more than their share on this project, and they do have their offstreet parking. Councilmember Frugoli moved and Councilmember Boro seconded, to direct staff to prepare a Resolution for the meeting of December 5th, denying the appeal of Variance and Use Permit of the second dwelling unit, adding to the use permit that it will not be rented to more than two adult people; granting an exception for square footage in excess of 1,000 square feet and greater than 40% of the size of the main dwell- ing; and conditionally approving the Environmental and Design Review Permit. AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - ED87-95; APPEAL OF PLANNING COMMISSION CONDITION OF APPROVAL REQUIRING PRIORITY PROJECTS PROCEDURE APPROVAL PRIOR TO DEVELOPMENT OF A 10,011 SQ. FT. LIGHT INDUSTRIAL/OFFICE BUILDING; 1555 FRANCISCO BLVD. EAST: ROBERT NOLAN, OWNER & APPELLANT: AP 9-132-21 (Pl) - File 10-7 Mayor Mulryan declared the public hearing opened. Acting Planning Director Johnston briefed the Council, stating staff recommendation is that the Council direct them to prepare a Resolution denying the appeal. He stated that on October 11, 1988, the Planning Commission conditionally approved the environmental and design review application for this project. The owner has filed an appeal of con- dition (q), which requires the project to receive a Priority Projects Procedure (PPP) prior to the issuance of building permits. Mr. Johnston stated that the appellant believes the project should be exempt from the PPP as cited in his letter of appeal. Mr. Johnston stated that the appellant has in part based his appeal on precedent City Council actions relative to this project which allowed a higher FAR (Floor Area Ratio) for the site than otherwise permitted in the General Plan 2000. The Planning Commission, in approving the project, determined that although the project was allowed to proceed through the development review process with an FAR of .437, a specific exemption from the PPP was not appropriate. General Plan Policy ESR -3R Nolan still requires the applicant to meet design review and other City standards. Since the project would generate five critical moves at the 101/Bellam/I-580 intersection, the Commission felt the proposal should be subject to PPP. Mr. Johnston reviewed for the Council the chronological history of this project since 1978. SRCC MINUTES (Regular) 11/21/88 Page 5 SRCC MINUTES (Regulaz 11/21/88 Page 6 Robert Nolan, owner and appellant, addressed the Council, stating that he had purchased the property specifically for his own use. He said he had started to get building permits to commence the project, when he had a major illness. He stated this is the identical building which was previously approved. He stated that the Design Review Board recommendations were implemented and the result is a far better looking building. Mr. Nolan pointed out that this project was started long before the General Plan and he is asking for exemption from the Priority Projects Procedure. Mr. Nolan stated that his building will not add much to the traffic load in the area. There being no further input, Mayor mulryan closed the public hearing. Councilmember Frugoli stated that since the Council had approved the project in 1987, he thought it should be allowed to be built as an infill project. Councilmember Boro mentioned a list of exceptions from the PPP, such as hospitals, and asked Mr. Johnston if there were any other exceptions added. Mr. Johnston replied that, not having the list with him, the premise on exceptions is that they relate to traffic, one or less critical moves. The exceptions would include child care facilities, for instance, but not this type of project. Councilmember Breiner remarked that the bigger projects absorb so many more critical moves, and that in the processing, the major projects should look toward phasing. Councilmember Thayer stated she is very sorry for Mr. Nolan, but in order to preserve the integrity of the General Plan she does not see that the Council has any choice but to deny the appeal. Councilmember Thayer moved and Councilmember Breiner seconded, to direct staff to prepare a Resolution denying the appeal. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - UP88-24/ED88-15; APPEAL OF PLANNING COMMISSION'S CONDITIONS OF APPROVAL FOR RECONSTRUCTION OF RETAIL/RESIDENTIAL FIRE DAMAGED BUILDING; 1301-1311 FOURTH STREET; JOE ZABANEH, OWNER & APPELLANT, REPRESENTED BY PERRY D. LITCHFIELD, ATTORNEY; AP 11 -253 -10 - File 10-5 x 10-7 Mayor Mulryan declared the public hearing opened. Acting Planning Director Johnston briefed the Council on the background of this project, and stated that at the October 25th Planning Commission meeting, it was voted 5-0, with Commissioners O'Brien and Rifkind abstaining, to adopt a Resolution conditionally approving use permit and design review applications for this project. This was based on testimony given at the October 11th Planning Commission meeting at which the appellant's attorney stated that the high cost of the project as recommended for approval by the Design Review Board was beyond his client's capacity, given the amount of the insurance proceeds. Mr. Johnston stated the appellant's attorney, Perry Litchfield, informed the Planning Department on October 28th that a new designer, Forsher & Guthrie, has been retained to do an economic analysis of the project and assist in achieving a more economical design which is acceptable to the City. Mr. Johnston added that the appeal letter from Mr. Litchfield is primarily based on the contention that the applicant is entitled to repair the existing structure along the same design criteria as previously existed before the building was destroyed by fire in July of 1987. Mr. Johnston referred the Council to the City Attorney's response, which supports the Planning Commission approval. The City Attorney has determined that the City does have the authority, under the Down- town Review District and Design Review Guidelines, to require an upgraded design, one which basically is consistent with the historical context of the building. Mr. Johnston stated that staff is recommending that the Council direct them to prepare a Resolution denying the appeal. SRCC MINUTES (Regular) 11/21/88 Page 6 SRCC MINUTES (Regular 11/21/88 Page 7 Councilmember Boro inquired if the Council is not going to get into the design issues at this meeting, but strictly talk about the con- ditions put on by the Planning Commission. Mayor Mulryan stated that is correct. City Attorney Ragghianti stated he also has a process question, that if the applicant is proposing a new design, does that not render moot the appeal for the time being? Mr. Johnston stated that condition (uu) actually assumes that there will be design changes to the structure, and allows Design Review and staff certain latitudes to approve that design with the intent of actually lowering construction costs of the building. However, staff at this point has not had an opportunity to see any revised designs. He, therefore, has no idea whether it is a new design or whether it is simply a more cost-effective design with modifictions which can be approved by staff. He stated that if it is the latter case, a design which is substantially the same as the original approval, then the issue can be handled by Design Review and staff and there will be no need to amend the conditions. If, however, it is a new design which has not yet been seen by staff or the Commission, there are two options. The first is to approve the project as amended, with the special conditions by the Commission, in which case the old design is approved. Second, if a whole new design is presented, there should be a new application. Mayor Mulryan summarized that what is before the Council is whether they approve the Planning Commission's decision which is a concept decision without having final engineered plans presented. The concept would be to bring the building up to drawings which would be closer to the original building before the modifications in the fifties. Mr. Johnston agreed. Attorney Perry Litchfield, representing the owners, addressed the Council, stating he is here to preserve the legal rights of his clients, and also to set forth a reasonable solution which he feels is substantially the same as Design Review came up with. He stated his clients are anxious to make money off the building. Mr. Litchfield agreed that the design presented is a very good one, but it is much too expensive. Mr. Litchfield then showed sketches of the building as it was first presented before the Design Review Board, and also the second drawing. He said he feels his clients were denied their legal rights, and took issue with the legal issues in the Assistant City Attorney's letter of November 17, 1988. Mr. Johnston stated that through the design review process, the applicant willingly provided revised designs. However, the concern of staff was that there was actually a building designer who was a registered engineer and not an architect. Mr. Litchfield showed a design by Forsher + Guthrie, which he felt addressed many of the issues. In response to question from Mayor Mulryan concerning the new design, Mr. Johnston replied that until staff has an opportunity to review the new design he does not have an opinion. Councilmember Thayer stated that the building as it is presently is a hazard, and she regrets the many delays. She stated they cannot decide at this meeting on the design. Councilmember Boro stated that the record should reflect both sides, and that Matt Guthrie's plan should go back to the Planning Department for comment. Mr. Johnston said it would go through staff review, Design Review, and Cultural Affairs. Those entities have been kept involved, and staff can report back quickly if the Council desires. City Attorney Ragghianti stated that on any appeal, the Council has an absolute right to disagree with the Planning Commission. He stated that the appeal can be continued, including condition (uu), and have the applicant meet with staff in the meantime and come back to Council. The Council may, if it wishes, modify Commission approval. SRCC MINUTES (Regular) 11/21/88 Page 7 SRCC MINUTES (Regula; 11/21/88 Page 8 Mayor Mulryan stated that, based on that information, he would suggest to the Council that this matter go back to the Planning staff and come back to the Council at the next meeting, if possible, with their analysis. Councilmember Frugoli agreed, and stated that the two latest designs be considered in relation to the economics. Councilmember Boro moved and Councilmember Frugoli seconded, to continue the public hearing to the Council meeting of December 5, 1988, with staff meanwhile reviewing the new design presented by Forsher + Guthrie and bringing recommendations back to the City Council on that date. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. REPORT ON 346 MOUNTAIN VIEW AVENUE (PW) - File 2-5-19 x 2-7 x 9-3-40 Public Works Director Bernardi briefed the Council on the project, stating that the contract for drainage improvements to this property was awarded on September 6, 1988. The work consisted of removing the existing garage, repairing and repainting that side of the house, and providing drainage and debris channelization improvements to protect the neighboring houses as well as the City -owned structure. Mr. Bernardi reported that the drainage improvements are now essentially complete and the debris flow channelization structures are in the process of being constructed. Mr. Bernardi informed the Council that there are two issues which need to be addressed: The first is to consider the concerns of the neighborhood with regard to various improvements to the property. He stated that Councilmembers Boro and Frugoli met with Mrs. Bowser and Mrs. Vipiana to discuss the items, which he listed for the Council together with their costs. They are: 1. Install sprinkler system -and front lawn $3,500 2. Construct 3 skylights (hallway, kitchen, living room) 5,500 3. Plants and irrigation system for backyard slope and 5,500 planter to screen concrete drainage channel 4. Construct 2 vehicle removable carport 12,150 5. Paint remainder of exterior of residence 2,600 6. Construct storage shed, 6' x 10' 4,000 7. Paint interior 5,300 8. Replace living room window w/sliding door 3,500 9. Strengthen roof rafters (existing not in conformance 2,395 with Building Code) 10. Construct double swing gate at front of residence in 3,485 lieu of removable fence Mayor Mulryan inquired about the cost of the improvements, and Mr. Bernardi responded when the home is sold the cost will be recovered. Councilmember Frugoli stated he was in favor of doing Nos. 6 and 9. Councilmember Boro stated he does not feel the interior should be done, and favors doing items 3, 4, 5 and 9. Mrs. Alice Vipiana addressed the Council, stating that the design presented in the spring was beautiful and now it is ugly. She pre- sented photographs to the Council to illustrate her position. She stated that not having a storage shed is unacceptable, and favors a sliding glass door at the rear for access to the garden. After discussion of the listed improvements, the Council reached a consensus. Councilmember Frugoli moved and Councimember Boro seconded, to approve items 3, 4, 5 and 9. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 11/21/88 Page 8 SRCC MINUTES (Regular 11/21/88 Page 9 Mr. Bernardi informed the Council that there was the second issue which is the disposition of the house once the improvements are con- structed. He stated that the Soils Engineer basically says that the improvements as they will be installed will render the house, which the City owns, adequately protected and will reduce the risk to the houses on either side virtually to zero. Mr. Bernardi said if the Council wishes, they can direct staff now to proceed with the process which would declare the property surplus. He stated that would take about three months. He pointed out there will be a Resolution for the Council to adopt, and other procedures to be followed. Councilmember Boro stated the process should not be completed until after the first winter, to make sure that everything holds together, before it is put up for sale. Councilmember Boro then moved and Councilmember Frugoli seconded, to direct staff to prepare the necessary documents to declare the property surplus and to call for bids, but also recognizing the time line to span the winter before the point of sale is reached. Councilmember Breiner added that the Council would have review again to see if things are stable. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. REPORT ON CITIZENS ADVISORY COMMITTEE ON REVENUE OPTIONS (CM) - File 9-2-42 Mayor Mulryan announced that each Councilmember has recommended the three people whom they would like to have -as their contribution to the 15 person committee. They are: Mary Carpou Gene Dyer Bill Bielser Harry Winters John Govi Terri DeMartini Gary Phillips Jim King Dr. Joseph Fink Linda Bellatore Fred Kirschner Bob Hoffmann Maynard Willms Angelo Colombo Michael J. Smith Councilmember Boro moved and Councilmember Frugoli seconded, to adopt the list as the constituted Citizens Advisory Committee on Revenue Options. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1551, AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING TITLE 4, CHAPTER 4.12 OF THE SAN RAFAEL MUNICIPAL CODE RE DISCLOSURE OF HAZARDOUS MATERIALS (FD) - File 9-3-31 The title of the Ordinance was read: "An Ordinance of the City of San Rafael, Amending Title 4, Chapter 4.12 of the San Rafael Municipal Code re Disclosure of Hazardous Materials" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1551 by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1552, AN ORDINANCE OF THE CITY OF SAN RAFAEL, RE SALE OF CITY -OWNED PROPERTY LOCATED AT 335 FORBES AVENUE, SAN RAFAEL, CALIFORNIA, AP 10-074-11, TO GERRY K. ROBERTSON OF 3020 BRIDGEWAY, SAUSALITO, CALIFORNIA 94965, AS REQUIRED BY ARTICLE VII, SECTION 7, OF THE SAN RAFAEL MUNICIPAL CODE (RA) - File 2-7 x 2-5-18 SRCC MINUTES (Regular) 11/21/88 Page 9 SRCC MINUTES (Regula_ 11/21/88 Page 10 The title of the Ordinance was read: "An Ordinance of the City of San Rafael, re Sale of City -Owned Property Located at 335 Forbes Avenue, San Rafael, California, AP 10-074-11, to Gerry K. Robertson of 3020 Bridgeway, Sausalito, California 94965, as Required by Article VII, Section 7, of the San Rafael Municipal Code" Councilmember Frugoli moved and Councilmember Boro seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1552 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1553, AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 2, CHAPTER 2.12, SECTIONS 2.12.041 AND 2.12.042 AND ACCEPTING THE REQUIREMENT OF SECTION 13522 OF THE CALIFORNIA PENAL CODE RELATING TO THE TRAINING OF THE LAW ENFORCEMENT PERSONNEL (DISPATCHERS) (PD) - File 9-3-30 The title of the Ordinance was read: "An Ordinance of the City of San Rafael, Amending San Rafael Municipal Code Title 2, Chapter 2.12, Sections 2.12.041 and 2.12.042 and Accepting the Requirement of Section 13522 of the California Penal Code Relating to the Training of the Law Enforcement Personnel (Dispatchers)" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1553 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 5.04.020 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD MARTIN LUTHER KING HOLIDAY TO THE LIST OF PARKING METER HOLIDAYS (CA) - File 11-18 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 5.04.020 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD MARTIN LUTHER KING HOLIDAY TO THE LIST OF PARKING METER HOLIDAYS" Concilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1554 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned at 10:20 PM. JEANNE M ONCINI, City Clerk APPROVED THIS DAY OF , 1988 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/21/88 Page 10