HomeMy WebLinkAboutCC Minutes 1986-03-03SRCC MINUTES (RequlaL) 3/3/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, March 3, 1986 at
6:45 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 86-7(a) - #2; No. 86-7(b) - #1; No. 86-7(c) - #2.
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, March 3, 1986 at
8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini, City
Clerk; Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nave seconded, to approve the
recommended action on the following consent calendar items:
Item Recommended Action
2. Approval of Minutes of Special Approved as submitted.
Joint Meeting with San Rafael
Board of Education of February
11, 1986 (CC)
3. S85-22; Resolution Directing RESOLUTION NO. 7307 - RESOLUTION
Staff to Record Notice of Merger; DIRECTING STAFF TO FILE A NOTICE
124 Ross St.; John Laslo, Owner; OF MERGER ON CERTAIN REAL PROPERTY
David C. Gilbert, Rep.; AP 12- AT 124 ROSS STREET (AP 12-142-30,
142-30 (formerly AP 12-142-27 & formerly AP 12-142-27 & 28)
28) (P1) - File 10-2
5. Renewal of Property Insurance Approved the renewal of property
with Zurich American Insurance insurance policy for 1986 with
Company (Fin) - File 9-6-1 Zurich American. (Premium: $30,552)
8. Approval of Waiver of Liability/ Approved staff recommendation
Mandatory Arbitration Language as stated in staff report.
for City forms (Rec) - File 9-3-65
x 9-6-1
9. Legislation Affecting San Rafael
(CM) - File 9-1
Approved staff recommendation to:
SUPPORT SB 1694 (Bergeson) Tort
Reform: Diving Bill
OPPOSE AB 2674 (Connelly) Brown Act
Amendment
SRCC MINUTES (Regular) 3/3/86 Page 1
10. Claims for Damages:
4.
6.
7.
a. Joseph Provost III -
File 3-1-1043 (PD)
b. David V. Reed -
File 3-1-1047 (PD)
c. John J. Perrone -
File 3-1-1048 (PW)
SRCC MINUTES (Regular) 3/3/86 Page 2
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1984/85 AUDIT REPORT (Fin) - File 8-1
Mayor Mulryan asked if there were any questions re the 1984/85 Audit
Report. Staff was asked to set up a meeting with Eckhoff Accountancy
Corporation and individual Councilmembers for mini -training session re
audit.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
accept the 1984/85 Audit Report.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RENEWAL OF CONTRACT FOR SPECIALIZED LEGAL SERVICES WITH WHITMORE, KAY
AND STEVENS (CA) - File 4-3-145
Council inquired as to the amount paid out over the past year to
Whitmore, Kay and Stevens, and City Attorney Ragghianti responded that
he would bring that information back to the Council. He stated that
$10,000 was budgeted for outside services and when Assistant City
Attorney Andrew left there was $7,200 remaining.
When questioned if there were lawyers in the City available to do the
same type of work, Mr. Ragghianti indicated that he knew of no one in
the County who specialized in personnel matters and labor relations and
added that he monitors his budget very carefully.
RESOLUTION NO. 7308 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT
WITH THE LAW FIRM OF WHITMORE, KAY AND STEVENS FOR
LEGAL SERVICES (EFFECTIVE JANUARY 1, 1986 TO
DECEMBER 31, 1986)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CONSIDERATION OF PROPOSALS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING (CM) - File 147
Councilmember Breiner stated that she would be representing the Council
regarding CDBG funding and asked for input from Council.
After discussion, Councilmember Russom moved and Councilmember .Breiner
seconded, to accept staff report and authorize staff to submit grant
proposals for 1986/87 CDBG funding as presented, directing staff to
prepare letter for Mayor's signature indicating Council support.
AYES: COUNCI.LMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 3/3/86 Page 2
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11. PUBLIC HEARING - EXTENSION AND MODIFICATION OF URGENCY ORDINANCE NO.
1524 OF THE CITY OF SAN RAFAEL PROHIBITING ANY USES THAT MAY BE IN
CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING
PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 (P1) -
File 10-6 x 115
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan announced that the purpose of the meeting was not that of
a public hearing on individual proposals but to have a yes or no vote to
extend and/or amend the existing moratorium.
City Attorney Ragghianti stated that pursuant to California Government
Code Section 65858, Ordinance No. 1524 which was adopted as an Interim
Urgency matter on January 20, 1986, will expire on March 7, 1986. Any
extension of the Ordinance would require 4/5ths vote of the Council and
may only be extended twice. The first extension may be for a period of
up to and including 10 months and 15 days, and thereafter, a second
extension up to and including an additional one year period, total would
be two years.
Planning Director Moore noted that what was being presented tonight was
an extension of the Ordinance, and that substantial work has been done
on the General Plan revision since the beginning of January when the
formal work program was developed. Traffic Engineering technicians and
Planning technicians have been hired. Offices have been located and are
currently being outfitted for staff. Hardware and software have been
purchased and are being utilized by staff. Traffic counts have been
taken for over a month and are currently on schedule. A noise survey is
being circulated. A community consultant has been selected for workshops
and a community survey is being done. A bibliography and mailing list
have been prepared for the General Plan revision. A Technical Advisory
Committee has been formed and has held its first meeting.
Ms. Moore stated that it is recommended that the Ordinance be extended
to January 6, 1987, not to allow staff more time to prepare the draft
General Plan, but to recognize that this time is needed for public and
Planning Commission/City Council review.
Ms. Moore commented that the staff recommendations for modifying the
original Ordinance are not based on merits of individual projects or
developer/property owner relationships with the City. They are in
response to the primary charge which the City has to focus its resources
and attention on revising the General Plan.
Planning Director Moore then discussed the addendum to the staff report
presented to Council entitled "Revisions to Proposed Ordinance", which
had been discussed with City Attorney Ragghianti, and recommended they
be made part of the proposed Ordinance.
She went into further detail as follows:
DIVISION 3 (g) - that the tentative map had to be valid on January 7,
1986.
DIVISION 3 (j), (k) & (m) - if a project is exempt from the Ordinance,
subsequent modifications or revisions to a project could be approved
under (j), (k) and (m).
DIVISION 3 (g) - clarification regarding tentative maps.
DIVISION 4 - using the word "found" instead of declare.
DIVISION 3 (h) - re lot splits. Staff found this section to be very
wide ranged at the present time and it is recommended that the language
be modified so that the exemption be more restrictive. In order not to
be prejudicial to the ongoing General Plan revision and related zoning
and Subdivision Ordinance changes, in particular the slope provisions of
the Subdivision Ordinance, Section (h) should be modified to read, "Lot
line adjustments, certificates of compliance, lot mergers and lot splits
on improved real property when such split is determined by the Planning
Director to be consistent with existing legal conforming use and zoning
of the land prior to January 7, 1986, and it requires no exceptions to
the San Rafael Subdivision Ordinance."
SRCC MINUTES (Regular) 3/3/86 Page 3
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Problem has arisen with interpretation of exemption (o). Some have
interpreted it to mean that if someone proposes a parking facility it is
automatically exempt from the Interim Urgency Ordinance. This was not
staff's nor the Council's intent. Staff proposes that the word
"parking" be eliminated from exemption (o) in DIVISION 3 and a new
SECTION (y) be added to DIVISION 3 to read "public parking facilities
and any private parking facilities which do not result in significant
intensification of a land use and/or increase in peak period traffic."
On February 18, 1986, Council approved a Housing Conservation Ordinance
which states in part, "to demolish or convert an existing residential
unit or units, a use permit is required". This is a new permit
requirement as a result of the recently approved Ordinance. It was not
Council's intent to adopt the procedure and in effect by action of the
moratorium Ordinance, not allow the processing of such use permits.
Therefore, Section (z) under DIVISION 3 should be added to exempt use
permits required under the provisions of Ordinance No. 1526, which is
the Housing Conservation Ordinance.
Planning Director Moore then gave an overview of her staff report
concrening 18 letters received from people requesting exemptions for
their projects, from the Interim Urgency Ordinance, as well as 6
additional letters requesting exemptions submitted after the staff
report had been written.
Additional letters received are from:
1. The Crest Marin II project - This is one of the properties that is
tributary to Lucas Valley/Smith Ranch Road Interchange, and any one of
those projects being exempted has a potential to prejudice the outcome
of the General Plan revision.
2. Spinnaker on the Bay - Council reviewed this on January 20, 1986 and
staff advises that there is no provision in the Ordinance that would
exempt Spinnaker on the Bay.
3. Marin Yacht Harbor Townhouses, 310--330 Pt. San Pedro Road - This was
continued by the Planning Commission last year. There were some
difficulties with a recommendation from the State Lands Commission -
Allardt's Canal is involved in the property. There is no approved
extension on the tentative map and this project would be held up by the
Interim Urgency Ordinance.
4. Transamerica Real Estate Services Re: Hartzell School Site #1 - This is
for the office designated portion of the Hartzell School site. There
was a Memorandum of Understanding (MOU) authorized by Council and done
with a companion General Plan Amendment at which time the property was
designated from residential to multi -use activity center thereby
allowing the office use. The MOU is exempt from this Ordinance but any
modification should not be exempt, and that precludes consideration of
retirement housing on the current office designated portion of that
site.
5. Two letters from Mr. Forrest R. Morphew of the Oil Warehouse Company -
One recommending that Council consider exempting the Canalways project
and the other that Council consider exempting the San Rafael Travel
Center proposed by Mr. Fred Grange.
Ms. Moore noted that excellent progress has been made on the General Plan
revision. Significant Planning staff (particularly Planning Director's)
time has been diverted to processing moratorium exemption requests. If this
demand continues, the General Plan revision schedule will be adversely
affected. Staff strongly recommends that after extension of Ordinance 1524,
no proposals for new classes of exemptions be entertained unless initiated
by staff, the Planning Commission or the Council. Staff will evaluate
projects only for compliance with provisions of the extended Interim Urgency
Ordinance. Appeals of Planning staff (i.e. Director) administrative
determinations would be considered by the Council pursuant to the
recommended revised DIVISION 5 of the Interim Urgency Ordinance.
Mayor Mulryan thanked Planning Director Moore and called for public
comments.
SRCC MINUTES (Regular) 3/3/86 Page 4
SRCC MINUTES (Regular) 3/3/86 Page 5
George J. Silvestri, Jr., Attorney for Republic Health Corporation,
Owner of Ross General Hospital - Addressed the processing question
stating that he had not received the determination of the review
committee re the request for an exemption, and commented that for the
record, there have been incomplete statements and out -of -context
statements in Friday's Marin Independent Journal re the project, with
information coming from the Environmental Impact Report which should be
available for public scrutiny. Mr. Silvestri asked that this project be
exempt from the Interim Urgency Ordinance.
Ms. Mindy Aliotto with Dividend Development Corporation - indicated
their project is part of an improvement district and asked whether
projects that are part of assessment districts will be given special
consideration when the proposed plan is completed.
Mayor Mulryan responded that staff will put out a work plan of what will
be heard first.
Neil Sorensen, Attorney representing Fred Grange on the Travel Center -
asked for clarification on granting exemptions.
Mayor Mulryan indicated that in order to accomplish getting the
necessary work completed, the City does not want to accept any further
letters requesting exemption. Instead, applicants may try to convince
a Councilmember or Councilmembers, to have a project placed on the
agenda.
Mr. Sorensen suggested having a change in the Interim Urgency Ordinance,
under Sub -section (o) second line, which reads "private road, sanitary
sewer, water, drainage, transit", that clarification be made to the word
"transit". Suggested wording would be to say "transit and/or travel".
Al Bianchi, Attorney representing Civic Center North -Asked that the
Minutes reflect that they stand on a full request for an exemption
set forth in the materials submitted to the City. And, re the hotel,
Planning Director Moore pointed out that it is probably the only
proposed facility in this area having the previous strong commitment of
of both the City and the County, recognizing the compelling need for
such a facility. It is understood that the staff report does not grant
an exemption but an exception to allow the processing of the project to
continue during the course of the moratorium, and that it is not a final
action. The sponsors will continue to contribute toward the cost of
extra planning staff help to allow this processing to occur at a minimum
cost.
Mr. Rick Santa - R-3 DEVELOPMENT - Stated that his project is not
necessarily going to become a rental and that it is only one unit.
Mayor Mulryan suggested that Mr. Santa provide the details to Planning
staff, because the concern is whether there would be an additional
impact on traffic.
Ms. Moore indicated that the difficulty with Mr. Santa's proposal is
that no applications had been received or were complete prior to January
7, 1986 and although his proposal is a small one, there are many similar
small projects in San Rafael, and the General Plan is looking at the
density designations for all of the residential areas. It is unlikely
that the project would be exempt because it does not fit under the
provisions of Section (v) in DIVISION 3.
Mr. Chris Craiker, Architect for Civic Center North - Had three
questions. 1) Why, in the case of the apartments when an extension was
requested prior to January 7, 1986, the request of the tentative map
would not be allowed to proceed so it would remain active. 2) Why an
appeal made prior to January 7, 1986 should be allowed to proceed, such
as Loch Lomond #10. 3) Why Hartzell School site should be allowed to
proceed which is a mixed use project.
Planning Director Moore to provide the answers to Mr. Craiker's
questions in writing.
Mr. Michael Broughton - Marin Yacht Club - Stated that on January 20,
1986, he appeared before the Council and thought that he would be exempt
under his application and wanted to know what his status is.
SRCC MINUTES (Regular) 3/3186 Page 5
SRCC MINUTES (Regular) 3/3/86 Page 6
Ms. Moore noted she had just received Mr. Broughton's letter tonight,
and stated that she was familiar with the project, and that it does not
fit under any of the exemptions or the proposed changes. It is a
project where the Planning Commission had to continue a consideration of
extending the tentative map because of the representations made by the
State Lands Commission.
Mayor Mulryan informed Mr. Broughton that if he had made a timely
request for an exemption, he is entitled to have a discussion with
Council concerning his project.
Mr. Steve Spicer - Asked for consideration of exemption for upgrading of
in-law units and legalizing of second units in single family dwellings.
Ms. Moore commented that staff does not recommend second dwelling
permits to be exempt because they are controversial and related to the
density designation issue that is essential to the General Plan
revision.
There being no further comments, Mayor Mulryan closed the public
hearing.
Councilmember Nave urged that the Interim Urgency Ordinance only be
extended to September 8, 1986, which would be eight months as originally
discussed.
After discussion, Councilmember Nave moved and Councilmember Breiner
seconded, to extend the Interim Urgency Ordinance to September 8, 1986.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING AND
MODIFYING ORDINANCE NO. 1524, PROHIBITING ANY USES THAT MAY BE IN
CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING
PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858"
Councilmember Nave moved and Councilmember Russom seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1529, as amended to include staff report revisions,
Addendum entitled "Revisions to Proposed Ordinances", and with addition
of "(bb) Residential projects for which a Mortgage Revenue Bond
allocation had been made prior to and remained valid on January 7, 1986"
to Division 3, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council agreed to allow Civic Center North project to process their
application through the Planning staff for their hotel only.
12. UP84-54; APPEAL OF PLANNING COMMISSION DENIAL WITHOUT PREJUDICE OF USE
PERMIT FOR RV STORAGE YARD AT SMITH RANCH AIRPORT; SOUTH OF SMITH RANCH
ROAD; JOE SHEKOU & BILL BIELSER, OWNERS; ROBERT M. LEVY, REP.; AP 155-
230-08 & 10 (Pl) - File 10-5
Mayor Mulryan declared the public hearing opened and continued to
meeting of March 17, 1986 as requested by the Appellant's attorney.
13. APPOINTMENT OF COUNCIL REPRESENTATIVE TO GENERAL PLAN REVISION
TECHNICAL ADVISORY COMMITTEE (Pl) - File 115 x 9-1
Councilmember Nave volunteered as representative with Councilmember
Breiner as alternate. The committee will meet once monthly, every
fourth Thursday from 8:AM to 10:AM, in the Public Works Conference Room
located on the 3rd floor of City Hall.
SRCC MINUTES (Regular) 3/3/86 Page 6
SRCC MINUTES (Regulaz) 3/3/86 Page 7
14. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1526 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 (ZONING) BY
ADDING SECTIONS 14.44.020.II.e, 14.47.020.II.f, 14.56.025.n AND
14.75.020.1 FOR THE PURPOSE OF CONSERVATION OF HOUSING (P1) - File 13-16
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
TITLE 14 (ZONING) BY ADDING SECTIONS 14.44.020.II.e, 14.47.020.II.f,
14.56.025.n AND 14.75.020.1 FOR THE PURPOSE OF CONSERVATION OF HOUSING'
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1526 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO.1527 - 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 (PLANNED DEVELOPMENT TO P -D PLANNED
DEVELOPMENT) DISTRICT (GROVE HILL) (P1) - File 5-1-2b9 x 13-16
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 (PLANNED DEVELOPMENT) TO P -D
(PLANNED DEVELOPMENT) DISTRICT (GROVE HILL)
Councilmember Frugoli moved and Councilmember Breiner seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1527 by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. REQUEST FOR ENDORSEMENT OF FIRST ANNUAL ART & GARBAGE GALA - File 110 x 104
Councilmember Russom moved and Councilmember Nave seconded, to endorse
the First Annual Art & Garbage Gala.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. DISCUSSION OF FALKIRK - GOALS AND PRIORITIES - File 13-14-2
Mayor Mulryan requested staff to bring a report to Council concerning
the uses of Falkirk. Council, without motion, approved Mayor Mulryan
and Councilmember Russom to meet with Marin Heritage, CASL and Cultural
Affairs Commission to discuss and define their roles and authority re
Falkirk.
There being no further business, the meeting was adjourned.
Y
Kry
JEAN Pf. LEONCINI, City C erk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
I
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