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HomeMy WebLinkAboutCC Minutes 1986-07-07SRCC MINMS (Regular) 7 ,/86 Page 1 In the Conference Roomn 201 of the City of San Rafael, Monday, July 7, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION - 7:00 PM 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 86-16(a) - (#2); No. 86-16(b) - (#2); No. 86-16(c) - (2); No. 86-16(d) - (#2); No. 86-16(e) - (#2) No action was taken. In the Council Chambers of the City of San Rafael, Monday, July 7, 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 2. SWEARING IN OF NEWLY APPOINTED SAN RAFAEL BOARD OF EDUCATION MEMBER VITALY TROYAN (CC) - File 9-2-1 City Clerk Leoncini swore in Mr. Vitaly Troyan as the newly appointed member of the San Rafael Board of Education, who was appointed to fill the unexpired term of Jane Teitelbaum, who resigned effective July 1, 1986, to November 1987. CONSENT CALENDAR 3. 5. 7. 9F 9. 12. Approval of Minutes of Special and Regular Meetings of June 16, 1986 (CC) Contract for General Plan Revision With Donald Herzog & Associates, Inc., Geotechnical Consultants (P1) - File 4-3-172 x 115 x 10-2 Authorization to Call for Bids - Mountain View Avenue Storm Drain Improvements (PW) - File 4-1-397 x 8-5 x 8-14 Resolution of Findings Granting Appeal of Handicapped Access Requirements - 1224-1226 Fourth Street (PW) - File 13-1-1 Resolution Requesting County Board of Supervisors to Continue Sharing Underground Utility Allocations With Cities of Marin (PW) - File 12-18 Resolution of Appreciation, Michael R. Peregrin, Architect, Design Review Board Member (P1) - File 102 x 9-2-39 13. Resolution of Appreciation, Amanda Hall, Secretary - Personnel (CM) - File 102 x 7-4 RECOMMENDED ACTION Approved Minutes as submitted. RESOLUTION NO. 7372 - AUTHORIZING SIGNING OF AGREEMENT WITH DONALD HERZOG AND ASSOCIATES, GENERAL PLAN REVISION GEOTECHNICAL CONSULTANTS (Cost not to exceed $4,500) Approved staff recommendation. Funding to come from "unallocated reserves". RESOLUTION NO. 7373 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1224-1226 FOURTH STREET RESOLUTION NO. 7374 - REQUESTING THAT THE COUNTY OF MARIN BOARD OF SUPERVISORS CONTINUE THE SHARING OF PG&E RULE 20A UNDERGROUND UTILITY ALLOCATIONS WITH THE CITIES OF MARIN RESOLUTION NO. 7375 - RESOLUTION OF APPRECIATION TO MICHAEL R. PEREGRIN (AS A MEMBER OF THE DESIGN REVIEW BOARD FROM 1978 TO 1986) RESOLUTION NO. 7376 - RESOLUTION OF APPRECIATION TO AMANDA HALL (FOR HER SERVICE IN THE PERSONNEL DEPARTMENT OVER THE PAST FIFTEEN MONTHS AS A ONE -WOMAN OFFICE) SRCC MINUTES (Regular) 7/7/86 Page 1 SRCC MINUTES (Regular" 7/7/86 Page 2 14. Amendment to the California Joint Powers Insurance Authority Re City's Liability Insurance (Fin) - File 4-10-202 x 9-6-1 15. Resolution Approving 1986/87 City of San Rafael Budget (Fin) - File 8-5 x 9-3-11 x 9-3-1.4 x 9-3-16 16. Report on Canal Dredging (PW) - File 12-10 17. Report Re Communication From Marin Municipal Water District on Water Quality From Russian River (PW) - File 151 18. Selection of Architect for Terra Linda Recreation Center Renovation Project (PW) - File 4-3-173 X 9-3-65 19. Legislation Affecting San Rafael (CM) - File 9-1 20. Claims for Damages: RESOLUTION NO. 7377 - RESOLUTION APPROVING AND RATIFYING AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (to require a 90 percent vote of the members to change the agreement, instead of a two-thirds vote) RESOLUTION NO. 7378 - RESOLUTION APPROVING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1986 - JUNE 30, 1987 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET RESOLUTION NO. 7379 - RESOLUTION AMENDING RESOLUTION NO. 7225 TO PROVIDE FOR INCREASE IN SALARY FOR THE MANAGEMENT POSITION OF CITY CLERK (5% Merit Award, effective July 1, 1986) RESOLUTION NO. 7380 - RESOLUTION AMENDING RESOLUTION NO. 7266 AND SETTING THE SALARY OF THE CITY ATTORNEY (@ $5,000 per mo., effect- ive July 1, 1986) Accepted report. Accepted report. RESOLUTION NO. 7381 - RESOLUTION AUTHORIZING SIGNING OF AGREEMENT FOR ARCHITECTURAL SERVICES WITH FORSHER & GUTHRIE FOR RENOVATION OF THE TERRA LINDA RECREATION CENTER (@ Cost of $24,750, lowest of four proposals received) Approved staff recommendation: OPPOSED Paul Gann's "California Fair Pay Amendment." Approved Insurance Consulting Asso- ciates, Inc. recommendations for denial of claims. a. Linton Davis (PW) - File 3-1-1082 b. Louise Kleiber (PW) - File 3-1-1107 C. Antonino Calabro (PD) - File 3-1-1108 d. Jacqueline Penson (PW) - File 3-1-1117 e. Barbara Reiff (PW) - File 3-1-1118 f. Anthony & Kathleen Jones (PW) - File 3-1-1119 g. Edward & Joan Wishovich (PW) - File 3-1-1120 h. Erma Bridgett (PW) - File 3-1-1121 i. Paul Markavage (PW) - File 3-1-1125 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (from Minutes of June 16, 1986 only due to absence from meetings). SRCC MINUTES (Regular) 7/7/86 Page 2 4. 6. 10. SRCC MINUTES (Regular` 7/7/86 Page 3 STATUS REPORT ON MARIN RANCH (SMITH RANCH) AlxPORT (P1) - File 12-12 Mayor Mulryan relayed a question asked of him with respect to the numbers of takeoffs and landings at the Marin Ranch Airport which have caused a considerable amount of "touch and go" other than by the people who rent the airport. Planning Director Moore stated they have information on the activity level, which is being used in the General Plan revision including noise analysis, and that under the Federal Aviation Agency (FAA) regulations, the airport is not supposed to have any planes land other than those that are based there. Mr. Charles Wallace, President of the Marin Ranch Airport stated that he also is concerned about the noise factor. Mr. James Weese spoke against the noise, hazardous conditions and nuisance of the airplanes. After discussion, Councilmember Frugoli moved and Councilmember Nave seconded, to accept the staff report and direct staff to bring back to Council, an estimate on takeoffs and landings and whether they have increased over the years; also, information from the Federal Aviation Agency re use of the airstrip. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REPORT ON BID OPENING AND AWARD OF CONTRACT - 1986 STREET RESURFAC- ING PROJECT (PW) - File 4-1-396 Mayor Mulryan inquired of staff as to why the bid was higher than the estimate. Public Works Director Bernardi stated that the price per ton for oil from the low bidder is $39.90 and the City estimated $45 per ton for the asphalt. Mr. Bernardi also added that staff allocated $300,000 from Gas Tax funds for the resurfacing program and the low bid was $202,000. The intention is to use the change order process to add to the project up to the allocated amount of $300,000. By doing this, almost one additional mile of streets could be paved. Councilmember Frugoli suggested that staff prepare a list of the streets to be paved and have it publicized for the public's information. In answer to Councilmember Russom's inquiry, Mr. Bernardi indicated that the street paving will start about the end of July and finish approximately the end of August 1986. Councilmember Russom moved and Councilmember Frugoli seconded, to approve the Resolution awarding contract for the 1986 Street Resurfacing Project and that staff be directed to prepare a list of streets that will be paved and have it publicized. RESOLUTION NO. 7382 - RESOLUTION OF AWARD OF CONTRACT FOR THE 1986 STREET RESURFACING PROJECT TO W. R. FORDE CONSTRUCTION (in amount of $202,004.75, as low bidder) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None STATUS REPORT ON ANDERSEN DRIVE LAWSUIT WITH SANITARY DISTRICT NO. 1 (PW) - File 3-2-57 x 4-1-333 In response to Mayor Mulryan's inquiry as to when the City will go to trial on the matter, City Attorney Ragghianti stated that it would be the first quarter of 1987, anticipating February. Mr. Ragghianti indicated he will be representing the City. There being no further questions, Council accepted the report, without motion. SRCC MINUTES (Regular) 7/7/86 Page 3 SRCC MINUTES (Regular' 7/7/86 Page 4 11. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH MARIN POETRY CENTER FOR RENTAL OF OFFICE SPACE AT FALKIRK (Lib/Cult.Affs) - File 4-10-205 Councilmember Breiner asked Recreation Director McNamee to come back to Council with information as to whether the 47 cents per square foot is higher or lower than what the City is being charged for Child Care facilities. RESOLUTION NO. 7383 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH MARIN POETRY CENTER FOR RENTAL OF OFFICE SPACE AT FALKIRK AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. PRESENTATIONS OF RESOLUTIONS OF APPRECIATION TO: - File 102 x 9-2-39 x 7-4 a. Michael R. Peregrin, Design Review Board Member (P1) Mayor Mulryan presented Mr. Peregrin with a Resolution of Appreciation for his service on the Design Review Board from 1978 to 1986. b. Amanda Hall, Secretary - Personnel (CM) Mayor Mulryan recognized Amanda Hall for her dedication as Secretary in the Personnel Department. Mrs. Hall was not present to accept a Resolution of Appreciation. 22. PUBLIC HEARING - APPEAL FROM STAFF DETERMINATION RE ORDINANCE NO. 1529 REQUEST BY MARIN AUTO FOR EXEMPTION FROM CITY'S MORATORIUM ORDINANCE FOR PURPOSE OF OPERATING A TOWING SERVICE AT 180 GARY PLACE (P1) - File 10-6 x 115 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that this matter first came up in May and has been continued several times at the request of the Appellant's attorney. John Sharp, Attorney for Mr. Calvin Wojciechowski re 180 Gary Place, brought attention to two items in Moratorium Ordinance No. 1529: 1 - Staff's position re intensification of use. Therefore staff cannot process the application given the Moratorium Ordinance. Mr. Sharp stated that the applicant intends to use one tow truck and therefore questions the use intensification. Also, whether or not sub -paragraph (i) of Division 3 applies. Mr. Sharp indicated staff's position is that there would be an increase of peak period traffic generation if the use is granted, whereas it is his opinion that there is a possibility that peak period traffic will decrease because there would be enough tow trucks available in rotation to help with abandoned vehicles, etc. 2 - Sub -paragraph (s) under Division 3 re Health and Safety in question and Public Nuisance Abatement. Mr. Sharp commented that he was led to believe that the Police Department was exploring the need for another tow truck service and indicated that his client would be interested if Council directed staff to process the application. Councilmember Frugoli asked Mr. Sharp if his client intended to operate only one tow truck and Mr. Sharp replied affirmatively, but indicated he would plan to expand his operation in the future. He stated that staff could place a condition that his client could not expand during the moratorium period. Councilmember Frugoli stated that under the tow restrictions, the applicant would need to have a minimum of three tow trucks for the reason that, should one be out of service the others could be used on rotation. There being no further comments, Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 7/7/86 Page 4 SRCC MINUTES (Regular 7/7/86 Page 5 Councilmember Breiner asked Police Chief Ingwersen if there is ample tow truck coverage along the Highway 101 corridor, and he replied affirmatively. Councilmember Russom moved and Councilmember Breiner seconded, to deny appeal and uphold staff determination that application cannot be processed for 180 Gary Place during the effectiveness of Ordinance No. 1529. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. PUBLIC HEARING - Z86-1; ZONING ORDINANCE AMENDMENT TO SIGN ORDINANCE TO PERMIT NEON IN SPECIFIC INSTANCES (P1) - File 10-3 x 125 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that due to improved designs and the increase in acceptability of neon, the Planning Commission recommended by a vote of 4-2 that the Sign Ordinance be amended to permit the use of neon in window signs, subject to the standard restrictions for window signage and with review by the Design Review Board. Councilmember Breiner commented on the recommendation made by the Planning Commission, that was not contained in the Ordinance. Ms. Moore indicated that it should have been in the Ordinance under a separate section, and stated that the Ordinance would be revised to include the following: "that all other use of nonconcealed neon in wall, projecting or freestanding signs be subject to design review approval by the Commission". Mayor Mulryan directed Ms. Moore to have the Ordinance revised and brought back at the next Council meeting of July 21, 1986. There being no further comments, Mayor Mulryan continued the hearing to July 21, 1986. 24. PUBLIC HEARING - ED84-40(c); APPEAL OF ZONING ADMINISTRATOR/PLANNING COMMISSION CONDITIONS OF APPROVAL; 81 McNEAR DRIVE; L. J. LEWIS, OWNER LUIS HERTO-ROJO, REP.; DENISE Y. RYAN, APPELLANT; A.P. 186-470-86 (P1) File 10-7 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that the appeal concerned a single family home under construction at the end of McNear Drive going back to April when the Zoning Administrator conditionally approved the design review amendment involving changes of exterior materials. The Applicant requested several changes in materials at that time which were denied by the Zoning Administrator and later went to the Planning Commission on appeal. On June 10th, the Planning Commission upheld the Zoning Administrator's decision, however, the decision was less restrictive than the Zoning Administrator's decision and allowed the Applicant to change some of the building materials not approved earlier by the Zoning Administrator. The appeal is based on the fact that the Planning Commission did not require design review conditions of approval to be recorded against the property and the modification of one permit which allows the use of stucco and wood rib trim on the house. Ms. Moore also stated that the Appellant objected to the appearance and height of the building for which mitigation has taken place. For example, windows and a deck were added to the boat storage and racquetball court portion and landscape plans were altered twice to provide for more evergreen trees to screen their property. Regarding the matter of requiring the conditions of approval to be recorded, the Planning Commission declared this to be onerous, putting a cloud on the property. Ms. Moore indicated that this is not the usual type of matter that is recorded and stated that the City Attorney's office had similar concerns. Additionally, when properties are sold, the Residential Building Report (RBR) lists all planning permits and conditions of approval. The majority of the Planning Commission felt that for a home of this size and expense, there would be adequate maintenance of the landscaping. SRCC MINUTES (Regular) 7/7/86 Page 5 SRCC MINliTES (REgular' 7/7/86 Page 6 The original design review called for fieldstone at the building base and horizontal cedar siding above. The property owner requested that the design review be amended to allow stucco and wood trim detailing in tudor style in place of the cedar siding. The Zoning Administrator denied the use of stucco on the basis of striving to maintain a difference of individuality between this home and the one adjacent which also is under construction. The Planning Commission determined that the nude color stucco and wood trim were acceptable under the Zoning Ordinance's design review guidelines. The adjacent residence would remain distinct even if stucco and rib trim were used on both, and one primary purpose of the design review was to mitigate visual impacts of the ridgeline construction which were incorporated from the beginning in the conditions of approval. In reply to Councilmember Russom's question on recording, City Attorney Ragghianti stated that if a document is recorded in the chain of title, it will appear each time the search of the title is done in connection with the transaction involving either the sale or financing of the property. He noted that theoretically, it places the "entire world" on what the law calls "constructive notice", the existence of a particular condition affecting the property title. In this case, the request is made that the City require, as a condition of design review, that the conditions respecting the landscaping of the allegedly offensive portion of the house be made a part of the chain in connection with the record of ownership of the property. Mr. Ragghianti stated that in his opinion this condition may not be recorded against the owner's title without the owner's consent and that the City may not require that it be recorded here without the consent of the property owner. Ms. Moore stated that the property owner objects to the recording. Councilmember Breiner inquired whether the Design Review Board could have assisted the Planning Commission, and referred to a letter from the attorney of the owner dated May 16, 1986, which indicated that the original approval for the three homes in the area was based on the fact that the homes would be similar in size and configuration to others in the area and "compatible with existing single family home construction". Mrs. Breiner pointed out that the homes do not look compatible with other single family homes in the neighborhood, adding that because of the controversy, the Design Review Board should have been asked to review this. Ms. Moore stated that staff did not consider this to be controversial and that the Ryan's were the only ones concerned. Mayor Mulryan inquired if staff had determined it was controversial, would it then be referred to design review, and Ms. Moore replied that it could have, but that generally, single family homes are not referred to design review because of the length of the Design Review Board agendas, unless the Planning Commission makes that determination. Mr. Jack Ryan of 78 McNear Drive stated that to correct the record, he has support for his appeal from the Drowley's of 74 McNear Drive, the Peacock Gap Homeowners Association and an absentee neighbor. Mr. Ryan stated that they are asking that (1) the City require that the conditions of approval of the Lewis home be recorded in order to give the neighborhood the highest degree of protection that the evergreen trees required by the City to screen the 23-1/2 foot structure will be maintained by any future owner; and (2) to deny the stucco and wood ribbing approved by the 3-2 Planning Commission decision and approve instead, the wood siding originally requested by Mr. Lewis. Mr. Ryan noted that recording the conditions of approval is the only guarantee that a future owner will be on notice about the conditions, adding that the accessory structure which houses the racquetball court and boat storage area is enormous, built of eight feet of solid rock wall topped by 16 feet of green slate roof rising from the rock wall. Mr. Ryan stated that it is true that Mr. Lewis twice changed the landscaping plans for the structure. First, because the trees Mr. Lewis proposed to use to screen what was then a 22 foot structure, were deciduous trees, providing little screening for most of the year. The second time it was changed by the Zoning Administrator. Mr. Lewis raised the height of the building from 22 SRCC MINUTES (Regular) 7/7/86 Page 6 b SRCC MINUTES (Regular' 7/7/86 Page 7 feet to 24 feet, without approval, and rather than force Mr. Lewis to rebuild, the Zoning Administrator required that he plant evergreen trees on the southeast side of the building to mitigate the massiveness of the building. Mr. Ryan indicated that they are not asking the City to impose any more restrictions on Mr. Lewis, and noted that he is already obligated to maintain the evergreen trees required by the City, but they are asking that the conditions of approval be recorded to give the neighbors the protection they should have that the trees will be maintained by any future owner. Mr. Ryan stated that a letter dated June 30, 1986 from Mr. Lewis incorrectly states that the City Attorney has advised the staff that such a restriction constitutes an encumbrance and cloud on title of the owner and cannot be imposed by the City without the owner's consent. Mr. Ryan stated that this statement is not true as to the recording of the conditions of approval, to the best of his understanding from outside Counsel. The only opinion rendered by the City Attorney prior to tonight, was in response to an original request that an easement be granted to the City to guarantee maintenance of the evergreen trees. They were not aware then about how to go about guaranteeing maintenance of the trees and had asked that an easement be granted, thinking this was the only means of assurance of maintenance of the trees. Mr. Ryan indicated they are not now asking that an easement be created. As for recording of conditions of approval, they have been assured by their attorney that the City Attorney is in agreement that such a recordation is legal. Mr. Tinney, attorney for Mr. Lewis, has incorrectly construed the City Attorney's opinion as to the legality of an easement to apply to their present request. In response to Mr. Lewis' attorney's statement that the Ryan's objected to almost every phase of the project, Mr. Ryan indicated that this is untrue. Mr. Ryan submitted pictures of the two homes for Council review. Joseph Tinney, Attorney for Mr. L. J. Lewis, owner, who then introduced Mr. Luis Huerto-Rojo, architect, stated that Mr. Lewis tried to meet the concerns of the Planning Department and the neighbors, meeting with the Ryan's to show them advance plans of his home and landscaping, with samples of roof materials and changed the landscaping twice to meet all objections. However, Mr. Tinney stated that the Ryan's were not satisfied and objected to the home at almost every stage, i.e. plans, landscaping, original designs and revisions, including having the racquetball court being built, and at one time asked that a tennis court be built instead; objected to a time extension once and later, that the building was proceeding too rapidly. Mr. Tinney continued to state that their request that the landscaping conditions of approval be recorded, will put a cloud on the title which will be unnecessary and burdensome. Mr. Tinney indicated that they do object to the recording of this condition. The home is being built tudor style and the Ryan's objection is that it is being built similar to the Dill residence which is next to the Lewis' home. They ask that Mr. Lewis be allowed, with his architect, to choose the materials he wishes to have on the exterior of his home. He added that stucco has been used on 22 homes on McNear Drive, and that the Ryan's home also has some stucco, and stated that the home is similar to the Dill's home but only that it is tudor in design. However, not all tudor homes look alike because they are different in size, scale, construction, color, etc., noting it is not designed to be a replica of the Dill's home, and adding that Mr. Huerto-Rojo designed both homes to compliment each other and asked that the City and neighbors not be allowed to design the exterior of the home. Mr. Tinney pointed out that the landscaping will largely screen the view of the Lewis' home from the Ryan's home, and in fact, there is a large water tank in back of the Lewis' home which is effectively screened by landscaping. He then submitted photographs to the Council showing Mr. Lewis' home and the Dill residence taken before the stucco was applied to the Dill home and stated that the difference in design was apparent. Mayor Mulryan asked Mr. Tinney if Mr. Lewis objected to having the landscaping conditions of approval recorded, and Mr. Tinney replied that he does object. Mr. Luis Herto-Rojo, architect for Mr. Ryan, spoke on the height of the racquetball court requirements and the difference in size and shape of the Lewis homne and the adjacent Dill home, and reiterated the mitigation of the landscaping and exterior materials used on the home. SRCC MINUTES (Regular) 7/7/86 Page 7 SRCC MINUTES (Regular* 7/7/86 Page 8 There being no further comments, Mayor Mulryan closed the public hearing. In response to Mayor Mulryan's question on the recordation, City Attorney Ragghianti stated that the recordation cannot be imposed without the owner's consent. Councilmember Breiner asked Mr. Ragghianti whether the Residential Building Report (RBR) was sufficient or if there was another mechanism other than recordation that could be used, and Mr. Ragghianti replied that other than the RBR, he knew of no other way except that the purchasers of the property frequently inquire of the City concerning the conditions involved, and that he had not seen a condition attached to a grant of design review recorded in connection with the approval of the architectural portion of a house. Mr. Ragghianti agreed with Mr. Ryan that it is legally possible to record the document, the County Recorder will permit the recordation and that it does not constitute a cloud or encumbrance as those technical words are used in the law, but that it is unnecessary and unwise for the City to require this of the property owner as a condition of design review. If the owner does not agree on the recordation, the City does not have the power to require it as a condition of design review approval. Councilemmber Breiner stated that some of the changes implemented by Mr. Lewis were good changes, but under the circumstances, in terms of the wood siding blending in with the ridgeline location, originally it was a condition that was not contested by the Applicant. She indicated that stucco is a major design difference in a sensitive location, and that the wood siding should be maintained. Councilmember Breiner moved that Council sustain the Ryan's appeal to keep the horizontal wood siding condition on the Lewis home. The motion died for lack of a second. Councilmember Russom commented that the appeal touches on a broader issue as to what the scope should be re the City's control over architectural design in residential neighborhoods. Although he found the homes to be dramatically out of character with the neighborhood, he stated that taste is a subjective matter, and that the issues being appealed are not significant enough to hold up the project. Mr. Russom added that the City should give serious thought as to what, if any, control the City has over the architecture in residential neighborhoods. Councilmember Breiner stated that historically, Council does not get into a lot of design review in terms of residential, but noted Council has stated that San Rafael's ridgelines are important and that it is worth having it brought to Council to have a policy decision made. Councilmember Frugoli moved and Councilmember Nave seconded, to direct staff to prepare a Resolution Denying Appeal and Upholding the Planning Commission Decision. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 25. EAST FOURTH STREET PARKING ASSESSMENT DISTRICT - File 6-41 Public Works Director Bernardi asked that this matter be brought back to Council at the meeting of July 21, 1986 because the Engineer's Report needed to be revised to reflect the reduced assessments. Council agreed to have the matter of East Fourth Street Parking Assessment District brought back at the meeting of July 21, 1986. There being no further business, the meeting was adjourned. 9NI JEAN -M-. LEONCCity Clerk APPROVED THIS DAY OF 1986 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/7/86 Page 8