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HomeMy WebLinkAboutCC Minutes 1986-07-21SRCC MINUTES (RE far) 7/21/86 Page 1 In Conference Room 201 of the City of San Rafael, Monday, July 21, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION & LABOR NEGOTIATIONS - File 1.4.1.a No. 86-18(a) - (#2); No. 86-18(b) - (#2); No. 86-18(c) - (#1 - Beatrice Hough vs. City of San Rafael et al); No. 86-18(d) - (#5 - 346 Mt. View, San Rafael & Mr. & Mrs. Newton K. Gregg); No. 86-18(e) - (#2); No. 18-86 (f) - (#2). No action was taken. In the Council Chambers of the City of San Rafael, Monday, July 21, 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; Gary T. Ragghianti, City Attorney (arrived at 9:40 PM); Mary R. Casey, Assistant City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Item Recommended Action 2. Approval of Minutes of Special Approved Minutes as submitted. Meetings of June 26, July 2, 7 and 12, 1986 (CC) 3. S86 -5 -Resolution Directing Staff to Record Notice of Merger; 27 Stevens Place; Rita and William Edrich, Owners; AP 14-011-19 & 20 File 10-2 6. Grant of Easement to Marin Municipal Water District for Pipeline Purposes - Peacock Gap Improvement District (Neighborhood Park) (PW) - File 6-37 x 2-14 x 151 8. Request for Authorization to Purchase Duplicating Equip- ment without Going Through Bid Process (CM) - File 4-2-212 x 8-5 9. Acceptance of Grant Deed from John W. and Gloria J. Russell - 335 Forbes Avenue (RA) - File 2-5-18 x 3-1-821 10. Acceptance of Grant Deed from Newton Gregg - 346 Mountain View Avenue (RA) File 2-5-19 x 9-6-1 RESOLUTION NO. 7384 - DIRECTING STAFF TO FILE A NOTICE OF MERGER ON CERTAIN REAL PROPERTY AT 27 STEVENS PLACE (AP 14- 011-19 AND 14-011-20) RESOLUTION NO. 7385 - AUTHORIZING THE SIGNING OF GRANT DEED OF EASEMENT FOR INGRESS, EGRESS, AND UNDERGROUND UTILITIES (to Marin Municipal Water District and to PG&E - Peacock Gap Improvement District Neighborhood Park) RESOLUTION NO. 7386 - AUTHORIZING THE PURCHASE OF COPY CENTER REPLACEMENT EQUIPMENT ABSTAINING FROM USE OF THE PUBLIC BID PROCESS UTILIZING REVENUE SHARING FUNDS (Equipment to be replaced with a Multigraphics System 7 duplexing offset duplicator in amount of $89,774.78) RESOLUTION NO. 7387 - ACCEPTING CONVEY- ANCE OF REAL PROPERTY FROM JOHN W. & GLORIA J. RUSSELL (335 Forbes Avenue) SRCC MINUTES (Regular) 7/21/86 Page 1 SRCC MINUTES (RL .lar) 7/21/86 Page 2 a. Resolution Authorizing a. RESOLUTION NO. 7388 - AUTHORIZING Execution of Purchase THE CITY MANAGER TO EXECUTE AN Agreement AGREEMENT FOR THE PURCHASE OF PROPERTY AT 346 MOUNTAIN VIEW AVENUE, SAN RAFAEL b. Resolution of Acceptance b. RESOLUTION NO. 7389 - ACCEPTING of Grant Deed from Newton K. CONVEYANCE OF REAL PROPERTY FROM & Lucile R. Gregg NEWTON K. & LUCILE R. GREGG (346 Mountain View Avenue) 11. Claims for Damages: Approved Insurance Consulting Associates, Inc. recommendations for a. Edward J. Edmond (PW) - denial of claims. File 3-1-1109 b. John & Patricia Bicknel (PW) - File 3-1-1112 c. Linda H. Mace (FD) - File 3-1-1115 d. Irene C. Hawkins (PW) - File 3-1-1124 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russum & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. RESOLUTION OF DENIAL WITH FINDINGS RE APPEAL OF 81 McNEAR DRIVE; DENISE Y. RYAN, APPELLANT; AP 186-470-86 (Pl) - File 10-7 RESOLUTION NO. 7390 - UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL AND DENYING THE APPEAL ON THE DESIGN REVIEW AMENDMENT OF 81 McNEAR DRIVE (ED84-40(c)) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNICLMEMBERS: None 5. ACCEPTANCE OF DEED OF TRUST - EXTENSION OF RICE DRIVE (PW) - File 2-5-17 x 10-1 x 10-3 Councilmember Frugoli stated for the record, that developer James Schafer should be recognized for not only constructing the buildings but for dedicating the street back to the City. RESOLUTION NO. 7391 - ACCEPTING "DEED OF TRUST" AS PAYMENT SECURITY FOR THE FUTURE EXTENSION OF RICE DRIVE (from Samuelson, Hornaday & Schafer -Francisco Business Center) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. REPORT ON FRIENDS OF LIBRARY VIDEO COLLECTION (Lib/Cult.Affs.) - File 9-3-61 Mayor Mulryan noted that he was recently made aware of the growing availability of cassettes and books on tape, with up to 12,000 titles being available. Library Director Stratford stated that the Library now has a collection of 70 titles and in the coming year another 60 to 70 titles will be added through the Friends of the Library. Councilmember Briener moved and Councilmember Frugoli seconded, to accept report and approve staff recommendation setting fees for rental of video cassettes. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 7/21/86 Page 2 SRCC MINUTES (Rt lar) 7/21/86 page 3 19. REPORT ON EXTENDING HIGHWAY 101 SOUTHBOUND HOV LANE AND CLOSURE OF LOS RANCHITOS ROAD ENTRANCE AT PUERTO SUELLO HILL (PW) - File 11-16 x 9-3-40 Mayor Mulyran announced that this item is to be continued. Public Works Director Bernardi stated that in a recent meeting with Caltrans and the County of Marin, a number of issues were raised needing further investigation by the Caltrans' staff. Therefore, Caltrans will bring back more information on the HOV extension over Puerto Suello Hill, and the item will be brought back to Council for consideration. 17. KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT: (PW) - File 6-35.1 Public Works Director Bernardi stated that this item is a refinancing of the bonds to obtain a lower interest rate. Daniel Bort, Bond Counsel for Sturgis, Ness, Brunsell and Sperry, stated that the existing interest rates ranged from 7k% up to 1040. The average interest rate on the new bonds will be approximately 8.2% which represents a savings in cash flow to all of the property owners, and recommended that Council act on the preliminary steps before Council. a. Resolution Approving Agreement for Legal Services RESOLUTION NO. 7392 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT (with Sturgis, Ness, Brunsell and Sperry, a Professional Corporation) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. Resolution Approving Agreement for Engineering Services RESOLUTION NO. 7393 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT (with Oberkamper & Associates) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C. Resolution of Intention RESOLUTION NO. 7394 - RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS IN THE KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Engineer's Report - Filed. e. Resolution Preliminarily Approving Report and Setting Hearing (To be held August 18, 1986) RESOLUTION NO. 7395 - RESOLUTION ACCEPTING ENGINEER'S REPORT AND SETTING HEARING OF PROTESTS - KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. Notice of Hearing - Filed. SRCC MINUTES (Regular) 7/21/86 Page 3 SRCC MINUTES (RE Lar) 7/21/86 Page 4 12. PUBLIC HEARING - Z86-1; ZONING ORDINANCE AMENDMENT TO SIGN ORDINANCE TO PERMIT NEON IN SPECIFIC INSTANCES (PL) File 10-3 x 125 Mayor Mulryan declared the public hearing reopened, indicating that the public hearing had been continued from Council meeting of July 7, 1986. Planning Director Moore stated that the Ordinance was in order and that the only addition to the staff report was a letter of support for the amendment from the San Rafael Chamber of Commerce. There being no further comments, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7396 - CERTIFYING A NEGATIVE DECLARATION FOR TEXT AMENDMENTS TO TITLE 14 (ZONING) SO AS TO PERMIT NEON SIGNS IN SPECIFIC INSTANCES; CLARIFY PROHIBITION OF FLUORESCENT SIGNS; AND INCLUDE DESIGN REVIEW FOR NONWINDOW NEON SIGNS AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner requested that staff suspend the item and have it brought back to Council for review after one full year. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.11.020.A.-l.g, 14.12.020.E.2 AND 14.12.030.A.5 OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 CONCERNING REGULATION OF NEON SIGNAGE" Councilmember Breiner moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1530 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION 3305(q) OF THE 1982 BUILDING CODE - 160 MITCHELL BOULEVARD, ROBERT H. GREENE, APPELLANT; AP 155-110-27 (PW) - File 1-6-1 x 9-3-32 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated that the Council, sitting as the Board of Appeals, is being asked to allow the Applicant to make use of Section 3305(g) of the 1985 Edition of the Uniform Building Code with additional smoke detectors as determined necessary by the Fire Department in lieu of the 1982 Edition of the Uniform Code, as it relates to the Occupancy Requirement to the building at 160 Mitchell Boulevard. Council was informed that the 1985 Building Code has not yet been adopted and is less restrictive than the 1982 code but meets the same intent of the 1982 code with certain provisions. In response to questions by Council, Mr. Bernardi stated that the building is a new one and that the 1985 Building Code will be adopted after it is first adopted by the State. Mr. Robert H. Greene stated that he was in agreement with what was stated by Mr. Bernardi. There being no further comment, Mayor Mulryan closed the public hearing. Councilmember Frugoli moved and Councilmember Nave seconded, to approve the staff recommendation to uphold the appeal and directed staff to prepare an appropriate Resolution with Findings and bring said Resolution back for adoption at the meeting of August 4, 1986. SRCC MINUTES (Regular) 7/21/86 Page 4 SRCC MINUTES (Rk lar) 7/21/86 PaGE 5 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - TS85-7, UP85-116 AND ED85-105 - APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF SUMMERHILL, 48 RESIDENTIAL CONDOMINIUMS ON THE HARTZELL SCHOOL SITE; 211 LOS RANCHITOS ROAD, SAN RAFAEL CITY SCHOOLS, OWNER; KUYKENDALL-CHATHAM DEVELOPERS, REPS.; JERRY CRANER, PRESIDENT, LOS RANCHITOS IMPROVEMENT ASSOCIATION, DARBY BEETHAM, PRESIDENT, TERRA LINDA VALLEY PROPERTY OWNERS' ASSOCIATION, RICHARD LOVE, PRESIDENT, MARIN GARDENS HOME OWNERS' ASSOCIATION, BETTY BASILE, PRESIDENT, SAN RAFAEL MEADOWS IMPROVEMENT ASSOCIATION, APPELLANTS; AP 175-060-16 & 17 (Pl) - File 10-6 x 10-8 x 10-5 x 10-7 x 5-1-304 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that the applications for this project were filed in October 1985, and notices were sent to all vicinity homeowners' associations and nearby property owners. On June 24, 1986, the Planning Commission, on a 5-1 vote, certified a Negative Declaration and conditionally approved a use permit, design review and tentative subdivision map for the project. This was done after first having heard the matter in May with continuation granted so the neighborhood and surrounding homeowners' associations could review the project and attend a special meeting facilitated by staff. Associate Planner Jensen gave background on the project stating that in October 1984, the City Council executed a Memorandum of Understanding (MOU) and adopted planned development zoning for redevelopment of the Hartzell School site. The land uses included 40,000 square feet of office, up to 50 residential units and requirements for establishing a public park of approximately 19,000 square feet. Development standards were established at that time and made a part of the zoning. As a followup to the zoning and MOU, use permit and design review permit and tentative map applications were filed by the present developers for the residential portion of the property. The project consists of 48 cluster townhouse residential units on 5.7 acres at the south end of the site. Consistent with the MOU, access is designed from two driveways, one from Golden Hinde Boulevard and the other from Los Ranchitos Road. There are six floor plans ranging in size from 998 square feet to 1,495 square feet and each unit is designed with a two car garage, driveway parking for two vehicles and independent guest parking scattered throughout the development. The project also consists of recreational facilities, i.e. swimming pool and clubhouse, a public park proposal along Golden Hinde Boulevard and four below market rate units priced at approximately 90 percent of the median which is slightly below moderate income. Upon completing the environmental review process, the project was forwarded to the Design Review Board who favorably reviewed the development, and then on to the Planning Commission for consideration. The Planning Commission utlimately certified the Negative Declaration and conditionally approved the project. They concluded that the project is consistent with the many restrictions and conditions of the zoning in the MOU and granted three exceptions from the Condominium Ordinance and imposed numerous conditions of approval, addressing specific issues. Mr. Jensen noted that on July 30, 1986, an appeal was filed by representatives of the four homeowners' associations who were involved with the execution of the MOU and zoning, and also the review of the specific residential project. The homeowners' cite eight reasons for the appeal: 1. The project is not acceptable to the community. 2. Staff and applicant are using the MOU as a precise document rather than a document imposing general guidelines. 3. That the applicant was using conceptual plans originally presented with the zoning to dictate the specific design of the project. 4. They do not believe that the project provides enough unit mix nor SRCC MINUTES (Regular) 7/21/86 Page 5 SRCC MINUTES (RE lar) 7/21/86 Page 6 is there enough below rate units. 5. That the visual appearance of the project from the street is poor because of building height and design. 6. That the project is in violation of environmental rights and detracts from the quality of life to the neighborhood. 7. Not enough input throughout the entire design review process. 8. The appellants claim that there was not one single meeting with the developer regarding the present site plan. Mr. Jensen acknowledged that there were no neighborhood meetings with the developer but stated there was input solicited early in the process through the design review of the project since October 1985. There were numerous meetings held between staff and the neighborhood representatives in an effort to solicit comments and respond to issues directly, with special meetings scheduled involving the Design Review Board and Planning Commission members. There were changes made to the project and specific conditions imposed by the Planning Commission. Mr. Jensen pointed out that even though the neighborhood is not in favor of the design of the project, the Design Review Board and Planning Commission did find the project acceptable and approved the development. In response to a question re the MOU posed by Mayor Mulryan, Mr. Jensen stated that the MOU was viewed as a minimum set of guidelines for developing the property and not used in general or specifically. The project is consistent with the standards of the MOU. Mr. Jensen gave the changes made to the project in response to some of the issues raised: a. Elimination of the originally proposed masonite siding and roofing material. The project now proposes the use of natural wood siding and dark asphalt shingle roof. b. Additional independent guest parking spaces have been provided to address the concern over the 24 -foot wide street width and the lack of street parking. C. Units have been shifted and relocated to address concerns over the project appearance from the two City streets. The purpose is to increase the amount of one-story elements along the street front. d. Changes have been made to the public park to improve usability, City maintenance and security. e. Changes have been made to the Conditions, Covenants and Restrictions to address concerns expressed by adjacent neighborhood association representatives. f. Changes have been made to the placement of buildings to ensure specific compliance with the Condominium Ordinance and to minimize requests for exceptions. Mayor Mulryan indicated that one of the comments from staff was that masonite should not be used on the siding but that wood should be used, and asked if there were changes from the Planning Commission level. Mr. Jensen replied that the use of masonite material was changed prior to the Planning Commission's consideration and it was changed by the applicant. Staff supports the natural wood siding because it is in keeping with the neighborhood. In response to a question by Councilmember Breiner, Mr. Jensen stated that there is wording in the Conditions, Covenants and Restrictions (CC&Rs) that state that the garages are to be used for the parking of vehicles, and provisions for limited use of driveways for recreational vehicle parking. Councilmember Breiner suggested that the wording be made strong and clear that there can be no conversion to a non -parking use. SRCC MINUTES (Regular) 7/21/86 Page 6 SRCC MINUTES (Re far) 7/21/86 Page 7 Mr. Jerry Craner, President of Los Ranchitos Improvement Association, residence at 16 Oakridge Road in Los Ranchitos, spoke on behalf of the Terra Linda Property Owners Association, Marin Gardens Homeowners Association and San Rafael Meadows Improvements Association as well. Mr. Craner stated that they did not like the original plan on the project and that that was the last meeting held with the developer. The key issues brought up by Mr. Craner were Resolution No. 6945; the San Rafael General Plan, Housing Element of 1985 and the MOU which was developed after the conceptual site plan. RESOLUTION NO. 6945 - was approved on October 15, 1984 along with the MOU. Mr. Craner pointed out that the Resolution states "encourage functional and visual integration of the area, protect the scenic attributes of the area, provide a variety of housing sites." Mr. Craner pointed out that the developer is proposing 39-3 bedrooms and 9-2 bedrooms, indicating this was not enough of a mix of units. Mr. Craner referred to the MOU - paragraph 1 which states in part"... to plan a development on this site acceptable to the community and the City...", and stated that the project is still not acceptable to the community. Craner went on to quote other paragraphs from the MOU, and stated that paragraph 4 stated, "...that final development plans are generally consistent with the concepts discussed during community meetings...", and is the key. Mr. Craner referred to the conceptual site plan and made contrasts of the square footage in the units and the mix of units. He also spoke on the privacy between units, secluded patios, landscape, walkways and varied views from the street. Mr. Craner stated that the conceptual site plan is maximized and noted that they want the City to follow the General Plan adopted in February 1984 - Housing and Residential Environment IV, page 26, policy 8 - "encourage local representative groups to engage in the planning of their areas", and the Housing Element of 1985, page 78, A.5 Neighborhood meetings, "encourage developers to have neighborhood meetings". He continued to state that they want Council to approve (grant) the appeal; instruct staff to hold meetings with the developer and homeowners' associations; change the design to include a better mix, achieve variety over the whole lower section and that this will vary the height and density and cause a better siting from Los Ranchitos Road; take out unit 3 from the Los Ranchitos Road section, and unit 24, and have secluded patios. Mayor Mulryan asked Mr. Craner how the conceptual site plan was developed, noting that the ultimate result is very close to the conceptual plan. Mr. Craner stated that Matthew Guthrie drew the conceptual site plan and mentioned that there is a similarity with changes to give an open space feeling. Mr. Richard Love of 220 Los Ranchitos Road spoke against the Summerhill project. Ms. Ruth Thon, who is the tenant representative for the Golden Hinde Senior Citizens Complex directly across the street from the Hartzell School, spoke against the development and stated that she was not notified of the public hearing. She also requested a slow sign be installed near their complex. Ms. Moore stated that property owners within 300 feet are noticed, as well as any neighborhood or homeowners' associations within the surrounding area of influence, pointing out that the Golden Hinde home is a rental unit and has no association that staff is aware of. She noted the Housing Authority was notified of the application and Planning Commission and City Council hearings but evidently does not have a mechanism to notify its tenants. Ms. Moore suggested that their group form an association and have a spokesperson notify staff so there will be communications independent of their property owner. SRCC MINUTES (Regular) 7/21/86 Page 7 SRCC MINUTES (R� lar) 7/21/86 Page 8 Councilmember Frugoli inquired about the traffic generated now with the offices in the school being used, and Mr. Jensen replied that the present use generates approximately 108 PM peak trips, and the proposed residential use anticipates 49 trips during the PM peak hour. He also mentioned that the driveway proposed to service the units along Golden Hinde covers about two-thirds of the density of the complex. Mr. Bob Brown of 100 Oakview Drive stated that he was in total support of the appeal. Mr. Larry Simmons of 49 Golden Hinde Boulevard spoke against the project. Mr. Darby Beetham with the Terra Linda Valley Homeowners' Association stated that this was a unique experience by the school district to involve the homeowners and thanked Jerry Gill and Lynn Sedway for their help in having the conceptual site plan made; however, they did not think that the MOU was used as it was intended, but stated they do appreciate the time the Planning Department gave them. Mr. Tom Newton, planning consultant, spoke on behalf of the applicant. Mr. Newton complimented the staff on the thorough and comprehensive report given. He stated that the property was purchased with the MOU and the conceptual site plan, adding that they met with the homeowners and showed them a plan for single family homes which was rejected. They were told that the only thing that would be acceptable would be to follow the MOU and the conceptual site plan. They then developed a plan that was very close to the conceptual site plan given the circumstances and conditions of the site, coming up with 48 units which is very close to 50 units,and made the footprints larger in order to meet the range of 900 square feet up to 1,800 square feet. There now is a mix of sizes in the 3 -bedroom units. Councilmember Breiner asked Mr. Newton to address the issue of walkways, and he stated that they are in the same location, behind the townhome units and lower units leading to the private recreation area. Mr. Art Chatham spoke in favor of their plan. There being no further comments, Mayor Mulryan closed the public hearing. Planning Commissioner Willms commented on the request for one story units, stating that the original MOU signed was for two and three story units and that the one story element was put in by staff and approved by the Planning Commission as part of the zoning. Also, at the last meeting, additional comments were requested of the homeowners and the only statement made was a brief one that the development as designed was not acceptable to the neighbors. Mr. Bill Liskamm. of the Design Review Board stated that they look at each project on its merits, noting that they looked at the model and plans and felt that it was a high quality project. He added that they listened to the community groups and tried to address the concerns of the groups. Mr. Jensen responded to a question asked by Councilmember Breiner re the frontage along Los Ranchitos Road by stating that there are six units facing the frontage of Los Ranchitos Road and that originally four were of the same unit type. The applicant then changed the units to increase the amount of one story element but staff has not had the opportunity to bring this to the Design Review Board nor is it as yet acceptable. Mr. Gunner Andersen, the project architect, then explained how the change will look. Ms. Moore commented that the neighborhood was slighted because the developers on their own initiative did not coordinate neighborhood meetings, and yet the neighbors acknowledged that staff played the usual conduit role which is usually done,adding that staff encourages developers to have meetings although it is not mandated. Ms. Moore noted that the neighborhood feels that there are too many SRCC MINUTES (Regular) 7/21/86 Page 8 SRCC MINUTES (R{ lar) 7/21/86 Pagd 9 3 -bedroom units, which is unusual. She stated that the neighborhood associations originally endorsed a draft of the MOU that did not mention one story configurations; it was suggested by staff to give added texture and variation in the design, but originally, the homeowners were satisfied to specify two to three story units. Councilmember Breiner suggested that special attention be given to the landscaping by the Design Review Board, and that strong language be in the CC&Rs that no conversions are to be allowed in the garage areas. Councilmember Frugoli moved and Councilmemer Nave seconded, to deny the appeal and uphold the Planning Commission decision, with staff directed to prepare a Resolution Denying Appeal to be brought back at the meeting of August 4, 1986. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. CONSIDERATION OF REQUEST FOR FUNDING FROM COMMUNITY HEALTH CENTER OF MARIN - File 13-1 x 8-5 x 8-14 City Manager Nicolai stated that the request came from Councilmember Russom for the budget hearings, but because he was absent at the budget hearing when this item was to be discussed, it is being presented tonight. Councilmember Russom stated that he had been approached by the Executive Director and a Board member of the Community Health Center of Marin who indicated they faced a funding crisis in providing a free medical clinic which is carried out in various parts of the County, including one day in San Rafael. Councilmember Russom stated that he is in favor of contributing $5,000 but that he felt it would take more study by staff before a decision could be made on the request for an additional $15,000 contribution. Administrative Assistant Alan stated that he had spoken with Mary Feldon, Director of the program, and was told that the County of Marin has authorized $26,000; City of Novato authorized $3,000; Fairfax and Mill Valley are reviewing the item, and that these are the communities with centers within their jurisdication. The United Way is funding $72,000 for this fiscal year and the grant from the State of California has decreased from $40,000 to $15,000. The health center is currently requesting additional funding from the San Francisco Foundation, but this has not been considered for the past three to four months. After discussion, Councilmember Russom moved and Councilmember Breiner seconded, to allocate $5,000 from unappropriated reserves to Community Health Center of Marin to help to continue their program. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff was directed to monitor the program and bring information back to Council on the program's progress and what the total budget is for the health center; to send a letter to the Governor requesting release of funds and to the State Legislature to have more money put into the Community Health Center; also to send a letter to the Buck Fund on community health, asking for funds during the interim. 16. CONSIDERATION OF REYUEST FOR CITY PARTICIPATION IN EAST SAN RAFAEL TRANSIT PROGRAM - File 11-33 x 8-5 x 8-14 City Manager Nicolai stated that this item was previously before Council, but specifics at that time were not known. Staff has been working with the ad hoc committee (San Rafael Chamber of Commerce, East San Rafael Property Owners, Canal Community Alliance, Marin County Transit and the City) putting the proposal together and a bid has gone out. Ms. Nicolai continued to state that the program has been modified because the San Francisco Foundation grant became contigent upon the shuttle service being handicapped accessible which would have a financial SRCC MINUTES (Regular) 7/21/86 Page 9 SRCC MINUTES (R( lar) 7/21/86 Page 10 impact. The proposed budget of $150,000 with a request for $25,000 from the City of San Rafael is for discussion. Ms. Nicolai indicated that the specifics of the promotion program have not been worked out and that this is an important component of the success of a pilot program. She suggested that Council consider a phased contribution ($17,000 is necessary to award the contract) and recommended that a specific program be brought back to Council re the promotion. She also advised that it should be made clear that this is a unique project in an area where there is the highest congestion and highest employment, which sets a scenario to allow a specific pilot project but that the City not be committed to any similar project in the future. Councilmember Breiner suggested that this be tied into the actual implementation of pledges received from the East San Rafael property owners. Councilmember Frugoli acknowledged Senior Planner Art Brook for his excellent report on the subject, and indicated that $20,000 was too much to begin with, suggesting that $17,000 be allocated with $8,000 being given at a later date. Councilmember Russom moved and Councilmember Nave seconded, to allocate $17,000 from unappropriated reserves with an $8,000 contingency at a later date, awaiting a breakdown of proposed promotion costs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. AUTHORIZATION FOR PARTIAL AND TEMPORARY RELIEF OF BUILDING CODE REQUIREMENT - PROPOSED NORTHGATE MALL ENCLOSURE (PW) - File 1-6-1 x 9-3-32 Public Works Director Bernardi stated that the 1982 Building Code imposes very strict requirements on mall enclosures and new mall projects, and in this case, it deals with air circulation and air evacuation in case of fire in a business unit. The problem is that the Mace Rich Company want to meet the requirements of the 1982 Building Code but are prevented from doing this because of existing leases. Mace Rich proposes to convert the spaces unable to be converted now as leases expire. They have agreed to have the required enhanced smoke evacuation system provided and indemnify the City and hold the City harmless should any problem arise with the shopping center not being converted at this time. Staff recommends that Council grant Mace Rich temporary and partial relief of this portion of the Building Code. City Attorney Ragghianti indicated that the hold harmless provision will hold up in court and directed staff to have the wording of the hold harmless/indemnification provision reviewed by him before any issues are considered or permits granted. Mr. Darryl Brown of Mace Rich Company, asked Mr. Bernardi to give him an update of the hold harmless provision of which he was not familiar. Mr. Bernardi recommended that Mace Rich Company set up the hold harmless/ indemnification as a condition, otherwise the transaction would not take place. Councilmember Nave moved and Councilmember Breiner seconded, to adopt staff's recommendation that Council grant authorizatin for partial and temporary relief of Building Code requirements for the Northgate Mall enclosure. Specifically, that the smoke evacuation system required for tenant space will be installed as the leases of current tenants expire or are extended, when major remodeling is done, or when new heating, ventilation, or air conditioning equipment is installed. The smoke evacuation system for the mall itself shall be upsized to allow for 10 air changes per hour. Staff also directed to prepare an appropriate Resolution with Findings and bring said Resolution back for adoption at the next meeting. Also, that an acceptable "hold harmless/ indemnification" agreement be drafted and be reviewed by City Attorney Ragghianti. SRCC MINUTES (Regular) 7/21/86 Page 10 SRCC MINUTES (RL lar) 7/21/86 Page 11 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned to closed session. JEAN TA 'M. LEONCINI, City C erk ON THIS DAY OF 1986 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/21/86 Page 11