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HomeMy WebLinkAboutCC Minutes 1988-12-19- SRCC MINUTES (Regula A/88 Page 1 IN -CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 19, _988, AT 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND PROPERTY ACQUISITION No. 88-28(a) - #2. No. 88-28(b) - #5 - Railroad Right -of -Way from Lindaro to Second Street - Southern Pacific Railroad, negotiator: No. 88-28(c) - #5 - Southeast Corner of Fourth & Lincoln (Chevron Property) - Chris Chrispen, negotiator. ` IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 19, 1988, AT 8:00 PM. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR IN Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following Consent Calendar items: 2. 4. 5. Item Approval of Minutes of Regular Meeting of December 5, 1988 (CC) Montecito Neighborhood Plan Grant Funding Status (Pl) - File 227 Resolution Upholding the Appeal of Planning Commission's Conditional Approval of UP88-24/ED88-15, and Approving the Design as Modified for Reconstruction of Retail/Resi- dential Fire Damaged Building: 1301-1311 Fourth Street; Joe Zabaneh, Owner & Appellant, represented by Perry D. Litchfield, Attorney; AP 11-253-10 (P1) - File 10-5 x 10-7 6. Acceptance of Annual Report for the San Rafael Redevelop- ment Agency (RA) - File 140 x (SRRA R-62) 10. Adoption of Resolution Approving Memorandum of Understanding for Fire Department Personnel (CM) - File 7-8-2 x 7-3 Recommended Action Approved as submitted. Accepted report, indicating it appeared unlikely that the Montecit., Neighborhood Plan would qualify for a foundation grant from the Marin Community Foundation. RESOLUTION NO. 7877 - UPHOLLING THE APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF UP88-24/ED88-15 AND APPROVING THE DESIGN AS MODIFIED FOR RECONSTRUCTION OF RETAIL/RE?3IDENTIAC, FIRE DAMAGED BUILDING AT 1301-1311 FOURTH STREET Accepted Annual Report and Audit to be forwarded to State Controller. RESOLUTION NO. 7878 - AMENDING RESOLUTION NOS. 6650, 7166, AND 7425 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (One Year Agreement from Jaly 1, 1988 through June 30, 1988) (3.5% salary increase effective July 1, 1988 for all classes, and 2% salary increase effective January 1, 1989 for all classes) SRCC MINUTES (Regular) 12/19/88 Page 1 SRCC MINUTES (Regul— 12/19/88 Page 2 11. Claims for Damages: a. Jo Anna Stryker & Linda Cleaver (Rec) Claim No. 3-1-1369 b. Gary Mordue (PD) Claim No. 3-1-1371 c. Rosie Echelmeier (PW) Claim No. 3-1-1372 d. Robert E. Blake (PW) Claim No. 3-1-1374 e. County of Marin & Marin County Flood Control and Water Conservation District (PW) Claim No. 3-1-1378 AYES: COUNCILMEMBERS: Boro, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Approved City Attorney's recommendations for denial of claims a, b, c, d & e. Breiner, Frugoli, Thayer & Mayor Mulryan The following items were removed from the Consent Calendar for discussion: 3. EAST SAN RAFAEL NEIGHBORHOOD PLAN (Pl): a. CONFIRMATION OF NEIGHBORHOOD ADVISORY COMMITTEE (NAC) - File 218 b. APPROVAL OF CONTRACT WITH MOORE, IACOFANO, GOLTSMAN FOR FACILITATING EAST SAN RAFAEL NEIGHBORHOOD PLAN MEETINGS - File 4-3-207 x 218 Councilmember Breiner stated cost of the Consultant seemed fairly generous and wondered if that was what the City paid in the past for consultants to attend neighborhood meetings. Senior Planner Jean Freitas responded the total of $3,600 is less than what has been paid in the past. Councilmember Breiner moved, and Councilmember Thayer seconded, to confirm the Advisory Board Committee members as proposed, and adopt the Resolution awarding the contract to Moore, Iacofano, Goltsman. RESOLUTION NO. 7879 - APPROVING A CONTRACT WITH THE FIRM OF MOORE, IACOFANO, GOLTSMAN (To facilitate East San Rafael Neighborhood Advisory Committee Meetings and a Community Workshop and to prepare certain graphics at request of staff for meetings and Plan - Agreement through December 31, 1989) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. ANNUAL AUDIT REPORT FOR FISCAL YEAR 1987/88 FOR CITY OF SAN RAFAEL (Fin) - File 8-1 Mayor Mulryan referred to the statement that the auditors felt a need for more detailed information on fixed assets and asked if this is a new requirement. Finance Director Coleman responded it is not new, but the wording this time is different. He explained it involves the inclusion of depreciation which, for some of the long-time assets, is time consuming. He stated they have been working on the inventory in-house, but may need assistance from outside to determine dollar values. Councilmember Boro recalled this previously came up, stating the inven- tory should be done possibly with outside assistance and there should be a process in place for an ongoing inventory. SRCC MINUTES (Regular) 12/19/88 Page 2 MR SRCC MINUTES (Regula 12/19/88 Page 3 Mr. Coleman noted the $16,000 mentioned in the staff report for outsiL assistance is because the JPIA (Joint Powers Insurance Authority) of which the City is a member, contracted with a firm who would approaci all member agencies having property insurance through JPIA to have a property appraisal done for insurance purposes. Mr. Coleman said he contacted them to see if the City could "piggy -back" on that process, noting a proposal has been submitted. Mayor Mulryan asked Mr. Coleman to come back to Council with the proposal, so they could decide whether to accept it or continue to do it in-house which would take longer. Councilmember Frugoli moved and Councilmember Boro seconded, to accept the report. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADOPTION OF ANNUAL INVESTMENT POLICY FOR CITY OF SAN RAFAEL (Fin) - File 8-14 x 9-3-20 Councilmember Boro stated he has some concern about raising the limit on collateralized Certificates of Deposit up to $1.5 million from $1 million per institution. In view of the return on the extra half - million, Mr. Boro stated he would like Council's opinion regarding the risk involved, given the recent activity in savings and loan insti- tutions. Mayor Mulryan stated he feels the City should be conservative on these matters, and asked Finance Director Coleman for comment. Mr. Coleman replied that there are some very good rates presently offered in some of the larger, stronger institutions; Great Western, Cal Fed, Citicorp, Home Savings of America, Glendale Federal and First Nationwide, noting these are the only ones he would deal with. He noted Councilmember Boro is correct in stating that return on the extra amount would not be large. Mayor Mulryan inquired if a rating service is being used by Finance regarding savings and loan institutions, and Mr. Coleman replied he has some information on the savings and loans into which we put over $100,000. He stated that all the ones he deals with are highly regarded and have a high net worth, mentioning only about 25% of the savings and loans have problems. Councilmember Thayer asked if the CDs would have to be collateralized if they were upped to $1.5 million, and Mr. Coleman responded that the $1 million CDs are collateralized. Mayor Mulryan stated that it is a safety factor to diversify the funds. Councilmember Thayer asked what the increased deposits would mean in additional revenue, and Mr. Coleman responded that over a period of a year it would be $5,000 or $10,000 per institution at Z% to 3/4%. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the investment policy as submitted, with amendment to Policy III 5., to reflect that "No more than $1,000,000 will be invested in any one institution". Councilmember Frugoli stated that the CDs are safeguarded by collateral- ization, and he feels if the City can pick up another $50,000 or $60,000 they should. Councilmember Boro stated for the record, that he thinks it is important that the value of the money being talked about is understood. For $500,000 at one percent a year that is $5,000 and half of that is about $2,500, and it seems the risk is large for the amount of return, and the diversification is safer. AYES: COUNCILMEMBERS: Boro, Breiner & Mayor Mulryan NOES: COUNCLIMEMBERS: Frugoli & Thayer ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/19/88 Page 3 SRCC MINUTES (Regula:. 12/19/88 Page 4 9. APPROVAL OF AGREEMENT WITH RAYMOND HOLT ASSOCIATES, LIBRARY BUILDING CONSULTANT, RE JOINT CITY/COUNTY LIBRARY PROJECT (Lib) -File 4-3-208 Councilmember Thayer stated she spoke with David Capitolo, President of the San Rafael Board of Education, and he suggested that the City look into the feasibility of utilizing one of the high school libraries. He said they would be willing to offer the services of a staff person. City Manager Nicolai stated that the Terra Linda site is open, and after tonight's approval of a consultant, the matter will come back to Council for decision making. RESOLUTION NO. 7880 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Raymond M. Holt & Associates re Feasibility and Planning Study for a Joint Headquarters Library, and a Northern San Rafael Branch - Term of Agreement through April 30, 1989). AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - Z88-1 - REZONING FROM P -D -NG (M -148/C62) TO P -D -NG (M -157/C62) FOR EMBASSY SUITES HOTEL; McINNIS PARKWAY; GOS PARTNERSHIP, OWNER: THE WOODMONT COMPANIES, EDWARD STEFONIAK, FOR EMBASSY SUITES, REP.; AP 180-140-03 (Pl) - File 10-3 Mayor Mulryan declared the public hearing opened, and stated that Council received an appeal this afternoon from the Building and Construc- tion Trades Council. He said it is an appeal of the Rezoning, Use and Design Review permits, and noted what the Council has before them tonight is Rezoning only, and that the Use Permit and Design Review will come at a later time. City Attorney Ragghianti informed Council that the Municipal Code does not permit an appeal from the advisory recommendations of the Planning Commission. In this case, the Planning Commission recommended to the legislative body that the property be rezoned and also that a Mitigated Negative Declaration be adopted in connection therewith. Mr. Ragghianti stated that Section 14.92 provides that an appeal may be taken only from a rezoning denial, so to that extent the appeal is improper with respect to rezoning. Mr. Ragghianti pointed out, however, that it is a styled appeal and opposition. He said that clearly anyone wishing to speak to the recommendation of the Planning Commission has the right to do that. Mr. Ragghianti also stated that no notice of appeal was possible, since the appeal was not received until about 4 o'clock this afternoon. He said the appeal, to the extent that it purports to also be from the design review of the architectural exterior of the building, is premature since the Planning Commission declined to act on that matter and has not made its recommendation or taken a position with respect to it. Councilmember Thayer asked City Attorney Ragghianti if, in effect, this appeal has truncated the subdivision issue from the zoning issue and Mr. Ragghianti replied in the affirmative. Planning Consultant Dwight Winther briefed the Council on the history of the project, and stated that the Planning Commission decided on a two-tier approach. He stated that the action this evening is just the rezoning of the property, which incorporates several elements of the design. The site plan essentially would be approved, with the number of parking spaces, general footprint, landscaping, and a five - story hotel including a conference facility with 10,000 square feet of space. Mr. Winther reported the Planning Commission had considered alternate possible roadway width cross-sections for McInnis Parkway, and decided not to require an additional right -of way from the hotel site to faci- litate possible future widening. With regard to the restaurant site, Mr. Winther stated that no restaurant user has as yet been secured, but in order to commit the future restaurant development to some fundamental design concept shown in the schematic SRCC MINUTES (Regular) 12/19/88 Page 4 SRCC MINUTES (Regulaz 12/19/88 Page 5 restaurant plans, the property owner has proposed to modify the text of development standards which are written into the zoning for the property. Mr. Winther pointed out that the office building has not yet been approved by the Planning Commission, but it has been recommended for approval by the Design Review Board. Mr. Winther noted that the Use Permit, which is not before the Council at this meeting, establishes height and uses within the hotel. He added that the subdivision action will separate the hotel from the restaurant site. Mr. Winther stated that the Mitigated Negative Declar- ation is recommended for approval. Acting Planning Director Johnston informed Council that the vote by the Planning Commission was actually 5-1-1, not 6-0-1 as indicated on the Resolution. He explained that Commissioner Cohen dissented on the vote, primarily based on the concern that the building design should be concurrent with remaining applications, and Commissioner Walz abstained. Cecilia Bridges, attorney representing Embassy Suites and the Woodmont Company, described the proposed hotel project, indicating that it will provide a luxury hotel with 236 suites, 359 parking spaces and an agreement for 300 additional parking spaces; and a conference center with banquet facilities for 500 people and a 10,000 square foot ball- room. Ms. Bridges reviewed conditions as revised, and stated also that the record clearly shows that Woodmont/Embassy Suites has a commit- ment and a history of responsiveness to the City of San Rafael. She informed the Council that this is their first opportunity since August to take positive action to enable this long-term goal to begin. Councilmember Thayer inquired about the condition regarding the water line, and asked about the cumulative impact of the other projects in the area. Mr. Winther responded that no other project would be served by the water line. John Wallace of the Building Trades Council stated he still believes that the Mitigated Negative Declaration is based on misinformation. He also stated that nothing in the staff report says that it is necessary to have the five stories. He disputed the marketing report results, and objected to the atrium concept of the hotel. Jack Wilkinson then addressed the Council, speaking in favor of the hotel as a necessary facility for the County, and stated that Embassy Suites has been rated as the No. 1 hotel in the United States recently. He urged the Council to approve the action before it, so that the building may go forward. He also pointed out the tremendous revenue the conference center and hotel would bring to the City of San Rafael. Jean Starkweather, representing the Marin Conservation League, referred to condition (7) on page B-3 regarding the chain link fence to be temporarily at the inland edge of the wetlands, stating that condition was to be changed to move the fence back. Mr. Johnston explained that the staff position was that the condition should not change, but since the Environmental Design will be coming back at a later date, no action was taken at that time. Mrs. Starkweather stated she does not object to the hotel, but the subdivided lot is too small for the hotel. She stated that environmental groups and many other groups in the community do not want the subdivi- sion. Mrs. Starkweather then addressed the eventual widening of McInnis Parkway, stating that it should not be widened to the north. She expresses concern that the bike paths will suffer from the present plan for McInnis Parkway. Mrs. Starkweather referred to General Plan Policy LU -36 regarding enhancing creeks, with adequate setbacks for flood control. She recom- mended that in order to improve the space problem the restaurant should be eliminated and the hotel should be required to have more parking to the east, taking some of the land from the office project and reduc- ing the size of the office building. SRCC MINUTES (Regular) 12/19/88 Page 5 SRCC MINUTES (Regular, 12/19/88 Page 6 Mayor Mulryan noted that the subdivision is not before the Council at this meeting and asked Mr. Winther about the bike paths. Mr. Winther explained there are two bike paths, one in the railroad right-of-way, a Class I bike path,and one on McInnis Parkway, a Class II bike path. He showed that with plan 4 of the street sections that four traffic lanes can be accommodated on McInnis Parkway, but a second bike path would be close to the wetlands. Bob Casper, with the Terra Linda Homeowners Association, stated they object to the project and the rezoning because of the size and architec- ture. He agreed that it is a needed facility, but there are negative aspects such as congestion, over -building and traffic, which diminish the quality of life in the area. John Quin -Harkin stated that the Terra Linda Homeowners Association does not represent all the homeowners of Terra Linda, and that he takes no viewpoint on this project whatsoever. He asked the Council to not accept that homeowners association a representing the Terra Linda homeowners. Barbara Salzman of the Marin Audubon Society stated there is too much development in the area, and she agrees with Mrs. Starkweather on the wetlands, inadequacy of the buffers and enhancement of the creek. She stated that, actually, this is a wildlife tidal area, and not a creek as it is being called. She said a 15 to 22 foot setback from the wetlands is not enough. She also expressed concern that the vehicular access bridge, which has not been discussed, could be a disturbing factor for the wildlife, and suggeted that if both bridges were together it would be less of an impact on the habitat. Fred Thompson, general manager of the Clarion Hotel, stated that the hotel would add to the traffic congestion, and he disputed the figure showing he would have only a 3% drop in business as a result of the proposed hotel. He also stated that people attending luncheons normally arrive alone in their cars, and the proposed parking would not be adequate. He stated that the Clarion has only 56% occupancy, and that when the Marriott Hotel opened at Larkspur Landing he experienced a 9% drop. Mary Lou Jacobson stated that she spent much time working on the North - gate Activity Center Plan, and feels that this project is a much needed use, and the convention center will enhance the area. She asked that the Council look carefully at the environmental concerns, and recommended that the scale of the office building be reduced. Ms. Jacobson asked that the hotel project be allowed to proceed, and noted that it is set back from the freeway. Roqer Broomhead then addressed the Council, stating that he used to have offices in the Holiday Plaza Building, and it was very difficult bringing conferences to Marin because there were no facilities. He expressed his support for the project. Jim Farley, manager of the Marin Center, spoke in favor of the project, mentioning the reciprocal facilities between the exhibition hall and the convention center. There being no further public comments, Mayor Mulryan closed the public hearing. Councilmember Breiner expressed concern regarding traffic, stating that some hotel guests would not want to walk across the bridge to the Civic Center Exhibition Hall and would be driving out to Civic Center Drive and back onto the Civic Center grounds. She stated that perhaps a vehicular bridge could be constructed in the vicinity of the planned foot bridge, or even a one -lane addition to the foot bridge. She said she hesitated to approve a mitigation document without some solution to that problem. Mayor Mulryan asked Consultant Winther if the restaurant could be discussed at this meeting, and Mr. Winther replied in the affirmative. SRCC MINUTES (Regular) 12/19/88 Page 6 SRCC MINUTES (Regular. 12/19/88 Page 7 Councilmember Breiner then referred to Exhibit II, Amended Restaurant Area Development Plan Standards, C 3, regarding the setback on Gallinas Creek. She recommended the wording be changed to add..."40 feet minimum between the edge of the restaurant parking lot and the top of creekbank slope". Councilmember Breiner so moved, but no one seconded the motion. Councilmember Boro stated that there are three issues - the two just mentioned by Councilmember Breiner, and the bike path issue. He added that Mr. Winther pointed out at the beginning of this discussion that if the Council approves the zoning they will be approving the footprint as presented. He inquired if approving the zoning would lock the Council into these other issues. Mr. Winther stated that if the Council wishes to make modifications to the restaurant standards that should be done before taking action on the zoning for the hotel, since the zoning for the restaurant and the hotel are part of the same package. Mr. Johnston stated that City Attorney Ragghianti had just brought to his attention that the issues could be separated, that there would literally be two actions on the zoning ordinance. The Council could adopt the proposed ordinance and then come back at a later time after finishing deliberations on the subdivision and use permit issues, and then adopt a second ordinance amending the original zoning. Mr. Ragghianti stated he wants it to be absolutely clear that what Mr. Winther is saying is that the zoning matter before the Council involves consideration of this other parcel. He added that if there was not consensus to approve Exhibit II it would probably be cleaner to - if the Council wishes to approve the rezoning - delete that partic- ular section and, if necessary, bring it back later in connection with subdivision matter. Councilmember Frugoli expressed approval of this approach. Councilmember Breiner moved and Councilmember Frugoli seconded, to remove consideration this evening of Exhibit II. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Boro stated that it is his understanding that the applicant has agreed to offer the right-of-way but not to construct the bridge to handle vehicles. Mr. Johnston responded that in the original zoning for this area it states that the pedestrian bridge shall be constructed with this appli- cation, but that should a vehicular bridge be required it will be the responsibility of the County to participate. Mr. Johnston statedthat at that time the County was not ready to parti- cipate financially in that project, but he pointed out that this is a zoning matter and the Council is tonight considering other elements of that original zoning. Mr. Johnston pointed out the location of the proposed vehicular bridge and noted that it will be extremely expensive to construct, since it will have to be a major span to get across the wetland area. He also pointed out the traffic circulation around the back of the hotel, leading to the bridge. Councilmember Boro stated that it would be less costly to build one bridge rather than two and he feels that the issue to be looked at is not only the convenience factor with which he agrees, but that from a safety factor that at the time it was being constructed it would make sense to have another exit, both for the hotel and the Marin Center site. Mayor Mulryan stated there are two needs - pedestrian and vehicular, and it may not be best to have them at the same site. He feels that there would be better circulation if they were separated. SRCC MINUTES (Regular) 12/19/88 Page 7 SRCC MINUTES (Regular, 12/19/88 Page 8 Councilmember Frugoli stated he agrees with Councilmember Breiner regarding the traffic from the hotel would probably be acceptable, but people could also use the vehicular bridge to get away from the Civic Center, using it as a short cut through the hotel property. Councilmember Breiner stated that if there is interest in the concept perhaps the Council could direct staff to work with the developers and the environmentalistsand County staff, to see if there is an ideal location. She said she is talking about one lane which could be rever- sible and which could have locked gates when it is not necessary that it be used. Councilmember Breiner moved and Councilmember Boro seconded, to refer the idea of the vehicular bridge, possibly in combination with the pedestrian bridge, back to staff for further comment, in combination and consultation with other interested parties. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Boro confirmed with the developers that there will be a national marketing strategy for this site. Councilmember Thayer expressed several concerns, one being the mass of the building and the other being the McInnis parkway alignment. She stated she would like a report on the proposed alignment, and that it come back as a separate agenda item. She also expressed concern about the bike paths, in connection with the Parkway alignment. Councilmember Breiner inquired about the zoning approval affecting the buffer zones, and Mr. Winther responded that on the south side the buffer zone exceeds the General Plan minimum, and the buffer zone on the north side, McInnis Parkway, would not be affected by this action except possibly at some future time if the roadway is widened. Councilmember Frugoli moved and Councilmember Boro seconded, to adopt the Resolution. RESOLUTION NO. 7881 - APPROVING A MITIGATED NEGATIVE DECLARATION AND SETTING FORTH FINDINGS FOR REZONING OF PROPERTY ON McINNIS PARKWAY, EAST OF CIVIC CENTER DRIVE (Embassy Suites) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 P -D -NG (PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER OVERLAY (M -148/C-62)) DISTRICT TO P -D -NG (PLANNED DEVELOPMENT NORTHGATE ACTIVITY CENTER OVERLAY (M -157/C62)) DISTRICT. (EMBASSY SUITES)" Councilmember Frugoli moved and Councilmember Boro seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1555 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan stated that the appeal mentioned at the beginning of the public hearing will be heard on January 3, 1989. SRCC MINUTES (Regular) 12/19/88 Page 8 SRCC MINUTES (Regular) 12/19/88 Page 9 13. PUBLIC HEARING - UP86-104; ED86-117, TS86-3 - APPEAL OF PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF SPINNAKER ON THE BAY, PHASE I, 160 RESIDENTIAL CONDOMINIUM UNITS; CATALINA AND BELLAM BOULEVARDS: THE SEAPORT COMPANY, SIDNEY J. HENDRICKS, OWNER AND APPELLANT; LARRY KERBS, REP.; AP 9-100-01, 04 & 05; 9-142-13, 24, 26 & 53; 9-010-17 & 21 (P1) - File 10-5 x 10-7 x 5-1-292 Mayor Mulryan declared the public hearing opened. Acting Planning Director Johnston briefed the Council on the history of the project, stating that review of this project began in 1982 with submittal of a Planned Development zone change application, and covering subsequent actions including revised plans, and the temporary moratorium imposed by the City while the General Plan was being revised. Mr. Johnston stated that in March 1988 the Planning Commission denied the subject Use Permit, Design Review Permit and Tentative Subdivision Map applications without prejudice. The primary cause for this action was that the Planning Commission was unable to make the necessary environmental findings related to traffic impacts. Mr. Johnston added that subsequent to the appeal, the applicants agreed to waive the time limit for a hearing on the appeal by the City Council. Mr. Johnston stated that during final review of General Plan 2000 the City Council changed the General Plan land use designation of the subject site from High Density Residential (15-32 units per acre) to Medium Density Residential (6.5-15 units per acre). The P -D zoning approval in 1985 has a density of approximately 18 units per acre. Mr. Johnston further stated that Phase I of this project involves 160 units on an 8.7 acre portion of the site, producing a density of approximately 18.3 units per acre, while the maximum permissible under the General Plan is 15 units per acre. Regarding traffic impacts, Mr. Johnston reported that development of the 160 unit Phase I would exhaust a majority of the remaining capacity at the Bellam/101/I-580 intersection. Attorney Peter Brekhus, representing Sid Hendricks and Dennis Horne, owners of the property, stated that this may be the oldest pending project in the City of San Rafael. He stated that the City has always said that theproject would go forward but, for various reasons, deadlines have not been met. He stated he is asking approval because the project was pending before the General Plan and the Priority Projects Procedure, and it is the legal and fair way to go. He said it was delayed through no fault of the applicants. Mr. Brekhus referred to the lower density of this project, and showed where a few smaller streets were added, but pointing out that the physical location is exactly the same as the original. He stated it is consistent with the General Plan and noted the applicant has filled out a Priority Projects Procedure application and submitted to staff a lengthy letter. He stated that 10 percent of the project will be dedicated to low cost housing. He also pointed out that the delays are very costly to his clients. Mr. Brekhus then made reference to a letter from The Seaport Company, stating that in addition to offering 40 of the units at BMR (Below Market Rate) prices they are prepared to provide secondary financing for up to 10 percent of the remaining product to City of San Rafael employees, with the financing structured so that the employees could purchase units with as little as 5 percent down. Architect Alan Cristofani, with TWM Architects described the design of the proposal, stating the original scheme called for 2 and 3 story condos, but the present plan is for two-story townhomes. Mr. Brekhus added that the proposal is for five years, and not more than eight. Ralph Crocker, a resident of Spinnaker Point, spoke of concern regarding the impact this development would have on the area. Carol Nieman urged that the design go before the Priority Projects Procedure for determination. SRCC MINUTES (Regular) 12/19/88 Page 9 SRCC MINUTES (Regular 12/19/88 Page 14 Snell reported that there is so much fill in the area already is concerned that the two-story townhomes will actually be _!e -story levels. There being no further public input, Mayor Mulryan closed the public hearing. Mayor Mulryan noted that the Priority Projects are planned to come before the Council in March, and he wondered if that could be tightened up. Mr. Johnston responded that the Planning Commission will be hearing the projects on January 24, with the possibility of additional special meetings. He said if they could handle the projects in only two meetings they could get to the Council sooner. He noted that a special Council meeting could be scheduled for March 7, 1989. Councilmember Frugoli mentioned that this is one of the oldest projects in the City and there is only one other housing project in the PPP. He stated the City needs the BMR units and the offer regarding the City employees will have to be looked at. Councilmember Thayer stated that the reduced density is to be considered, but the PPP cannot be jeopardized. Regarding traffic mitigation, she pointed out the fact that the Auto Center is in the same area. Councilmember Boro stated that the real issue is the PPP. Councilmember Boro then moved and Councilmember Breiner seconded, to direct staff to prepare a Resolution upholding the Planning Commis- sion's denial without prejudice. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Brekhus inquired about the environmental assessment for the recently submitted project and Mr. Johnston pointed out that an EIR was completed in 1984 for the existing zoning and Master Plan. He stated Planning staff or the developer would need to prepare an Initial Study for the new project to determine if the EIR adequately addresses all the potential impacts. 14. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE FOR THE CITY OF SAN RAFAEL ADDING SECTION 3.32 TO THE SAN RAFAEL MUNI- CIPAL CODE ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN SAN RAFAEL; AND DELETION OF SECTION 14.67.050 TITLED "TRANSPORTATION IMPROVEMENT FEES" (TO COMPLY WITH AB 1600) (Pl/CA) - File 10-2 x 9-10-2 Mayor Mulryan declared the public hearing opened. Senior Planner Jean Freitas briefed the Council on the necessity for the Urgency Ordinance, stating that AB 1600 which goes into effect January 1, 1989, requires local agencies which are establishing, increas- ing or imposing fees as conditions of development approval for specific public improvements, services or community amenities, to make specified findings, to segregate the fees in special accounts, and re-examine the necessity for the unexpended balance of the fees remaining after five years. She stated that the proposed public facilities fee Ordinance is the basic enabling legislation and the accompanying Resolutions establish the actual fees to be paid. The Ordinance and Resolutions satisfy the requirements of AB 1600. There being no public input, Mayor Mulryan closed the public hearing. The title of the Urgency Ordinance was read: "AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL ADDING SECTION 3.32 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A PUBLIC FACILITIES FEE FOR DEVELOPMENTS WITHIN SAN RAFAEL". Councilmember Thayer moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and adopt Charter Urgency Ordinance No. 1556 by the following vote, to wit: SRCC MINUTES (Regular) 12/19/88 Page 10 SRCC MINUTES (Regular 12/19/88 Page 11 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ordinance to be published within fifteen (15) days following adoption. RESOLUTION NO. 7882 - ESTABLISHING OR MODIFYING TRAFFIC MITIGATION FEES FOR DEVELOPMENTS WITHIN THE CITY OF SAN RAFAEL AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7883 - ESTABLISHING A HOUSING IN LIEU FEE FOR DEVELOPMENTS WITHIN THE CITY OF SAN RAFAEL AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. REPORT ON OPEN SPACE MANAGEMENT PLAN (PW) - File 13-14-1 x 9-3-40 x 4-10-158 Public Works Director Bernardi briefed the Council, stating that part of the Open Space Management Plan deals with the evaluation of the open space grass lands for grazing purposes. He stated that City staff has been working for some time developing those elements which should be considered under the overall management plan. Mr. Bernardi listed 14 different elements which are being considered. He added that staff is in the process of evaluating a proposal submitted by Brian Witten- keller & Associates, to address the issues and staff's concerns about the future management of the open space lands in the Terra Linda Valley. He stated County Open Space staff has indicated that City funds currently on deposit with the County (approximately $36,000) could be used to fund a major part of the study. The remainder, approximately $20,000, would need to be funded by the City of San Rafael. In addition, Mr. Bernardi is recommending engaging Mr. David Amme for a survey of the Sheep Grazing Program. He would work in conjunction with Brian Wittenkeller. Councilmember Boro remarked that the Council had decided to have the Open Space Management Program in place before it was necessary to make a decision on the grazing. City Manager Nicolai responded that the Management Plan has many other facets such as public access and preservation of vegetation, and that the sheep grazing is only a small part of it. Councilmember Boro stated he wishes it could have moved along sooner, without the necessity for spending so much money. Mr. Bernardi responded thay have been working on the program, but the County and the City have differing views on various issues. John Quin -Harkin urged the Council to get the sheep back on the Terra Linda hills to keep the grass down. He stated that when this was last considered he had obtained 800 signatures in favor of it. Report was accepted, without motion. 16. WORK IMPACT OF TREE ORDINANCE (Pl) - File 115 x 9-2-10 Mayor Mulryan stated that at the last meeting Council had asked staff to come back with a time schedule on how the deliberations regarding the proposed Ordinance would fit in with the workload. He noted that staff has stated it would be one, or possibly two years before this could be adequately addressed and had recommended that heritage trees be included. Council then heard from Mary Carpou of Peacock Gap, Harry Winters of the West End Homeowners, Ned Turkington who spearheaded the movement for the Ordinance, Bill Simmons of Villa Real, Marianne Shaw of Loch Lomond, and Gordon Terrell. All were unanimous in urging work on the Ordinance as expeditiously as possible. SRCC MINUTES (Regular) 12/19/88 Page 11 SRCC MINUTES (Regular) 12/19/88 Page 12 Attorney William Bullard, who drafted the proposed Ordinance, stated he does not think it is necessary to wait for a heritage tree segment, but it may be considered later. The Council was unanimous in wanting to move on the Ordinance as quickly as possible, and City Manager Nicolai stated that the earliest possible date would be April and that meanwhile staff will analyze the Ordinance draft as soon as possible. Mayor Mulryan urged staff to make the Ordinance draft available to the various homeowners' associations in the interim. There being no further business, the meeting was adjourned at 11:20 PM. JEANNE LEONCINI, City Clerk APPROVED THIS DAY OF 1988 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/19/88 Page 12