HomeMy WebLinkAboutCC Minutes 1986-11-03V I S E D
SRCC MINUTES (Regulars 11/3/86 Page 1
In Conference Room 201 of the City of San Rafael, Monday, November 3,
1986 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 86-27(a) - (#1) Charles P. & Dorothy Powers vs. City of San Rafael;
No. 86-27(b) - (#2).
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, November 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; Gary T. Ragghianti,
City Attorney; Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATONS OF AN URGENCY NATURE:
PRESENTATION BY SAN RAFAEL PUBLIC EDUCATION FOUNDATION - File 212
Mr. Fred Kantor, President of the San Rafael Public Education Foundation,
and Diana Whipple, Treasurer, presented Council with t -shirts stating
"Passing the Torch of Excellence", for their support of the ongoing campaign
to raise funds for public education.
TREE REMOVAL AT PEACOCK GAP DEVELOPMENT - File 11-6 x 9-3-49
Mayor Mulryan conveyed to Planning and Public Works staff, that a complaint
had been brought by residents of San Marino Court regarding removal of
trees for the development of the Marin Bay Subdivision.
Public Works Director Bernardi indicated that he and Planning Director
Moore both received letters regarding the complaint and stated that they
were in the process of assembling all parties necessary to conduct an
investigation. He also stated that they intend to respond to the letter
by Friday, November 7, and have a report back to Council the following
Monday.
CONSENT CALENDAR
Ttam
2. Approval of Minutes of Regular
Meeting of October 20, 1986 (CC)
4. Acceptance of Grant Deed for
McInnis Drive (Civic Center
North Subdivision) (PW) -
File 2-5-20 x 5-1-303
Recommended Action
Approved Minutes as submitted.
RESOLUTION NO. 7449 - ACCEPTING
CONVEYANCE OF REAL PROPERTY FOR
FUTURE STREET PURPOSES - McINNIS
PARKWAY (Civic Center North Sub-
division, from GOS Joint Venture,
a California General Partnership
and Los Galinas Development Inc.,
a corporation)
SRCC MINUTES (Regular) 11/3/86 Page 1
SRCC MINUTES (Regula.L, 11/3/86 Page 2
6. 1936 State Legislation Enacted Accepted report.
Into Law - File 9-1
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Russom and Mayor Mulryan (from voting
on Minutes only, due to absence from meeting).
3. APPROVAL OF FINAL MAP - PEACOCK POINTE SUBDIVISION (PW) - File 5-1-305
Mayor Mulryan asked staff if this item related to the previous discus-
sion on the removal of trees in the Peacock Gap area, and Public Works
Director Bernardi responded that they were two different subdivisions.
Councilmember Breiner moved and Councilmember Nave seconded, to approve
the Final Map for the Peacock Pointe Subdivision.
RESOLUTION NO. 7450 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED
"PEACOCK POINTE"
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. CONSIDERATION OF PARKING METER HOLIDAY, INCLUDING THIRD AND "A" PARKING
STRUCTURE, DECEMBER 1-31, 1986 (RA) - File 11-18
Mayor Mulryan inquired as to the allowance of one month as opposed
to three weeks given last year for the coming parking meter holiday.
Assistant Executive Director (Redevelopment Agency) Ours rationalized
that by advertising a full month's free parking, it would be good
public relations promotion for downtown San Rafael.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve staff recommendation, declaring parking meter holiday for
all one and two hour meters, and the first two hours of parking in
the Third and "A" Parking Structure for the period of December lst
through December 31, 1986.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. REQUEST BY HAMILTON RESOURCES AND INSURANCE SERVICES TO BE DESIGNATED
AS INSURANCE BROKER FOR THE CITY'S HEALTH, LIFE, DENTAL AND DISABILITY
INSURANCE COVERAGE (CM) - File 4-3-175 x 4-3-124
Councilmember Frugoli stated that although he did not object to continu-
ing to utilize Hamilton Resources and Insurance Services, he requested
staff monitor this company to be certain the City is satisfied that
we are receiving the services we once had when the City was with a
larger company.
Councilmember Frugoli moved and Councilmember Russom seconded, to
approve the staff recommendation for one year, and that a performance
evaluation be done at the end of that time, with a report brought
back to Council.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - ED85-43; APPEAL OF PLANNING COMMISSION'S CONDITION
OF APPROVAL FOR 42 UNIT APARTMENT COMPLEX; 99 PROFESSIONAL CENTER
PARKWAY; MRS. LOLA BUSH, OWNER & APPELLANT; PETER MITCHELL, REP.;
AP 155-073-03 & 04 (Pl) - File 10-7
Mayor Mulryan declared the public hearing opened.
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Planning Director Moore stated the proposal was expected to involve
County Bond financing which requires that all 42 units be rented for
a minimum of 10 years and that 20 percent of the units be reserved
for low income households. She noted, however, that there is no condi-
tion of approval at this time relating to this type of financing.
Ms. Moore indicated that a policy question was raised as to the timing
of funding, construction and transportation improvements as compared
to the timing and occupancy of new development. She explained the Levels
of Service at the Freitas Interchange and background on the Northgate
Activity Center Plan. She noted that given that construction of the
Merrydale Overcrossing will not be finalized by CalTrans until the
California Transportation Commission approval of the 1987/88 through
1992/93 State Transportation Improvement Program (STIP) in September
1987, the Planning Commission's approval included condition (w) as
follows: "This permit shall be valid for two years, or until July
29, 1987. However, building permits will not be issued until the
State Transportation Improvements Program (STIP) for 1987/88 is form-
alized in September 1987. The program must include the Merrydale
Overcrossing/Freitas Interchange project."
In response to Mayor Mulryan's question regarding when the project
would be concluded and operational if the Council upheld the Planning
Commission's decision and there was no change in either the funding
or in the STIP order, Ms. Moore responded that construction could
start in September or October 1987, with up to one year for completion.
City Attorney Ragghianti referred to Resolution No. 7427 entitled,
"Resolution Establishing Procedures for Processing Applications During
Public Review and Consideration of a Revised General Plan for the
City of San Rafael". He read a portion of the Resolution as follows:
"Be it further resolved that no development application shall be approved
by the City unless findings shall have first been made determining
that said project is consistent with the revised General Plan to be
adopted as well as the revised Zoning and Subdivision Ordinances to
be adopted pursuant thereto." He indicated that in the preceding
clause of said Resolution, he felt it was clear that it was the intent
to impose special procedures on applications that would be submitted
that might be prejudicial to the revised General Plan, and then sub-
mitted a copy of the Resolution to Council for consideration in connec-
tion with the application.
In response to Councilmember Breiner's question on the design stage,
Public Works Director Bernardi responded that the Environmental Impact
documentation has been completed and staff has received authorization
to begin the preliminary plans and specifications for the project.
Mr. Bernardi also responded to a question posed by Councilmember Frugoli
regarding the funding, stating that $1.5 million is coming from CalTrans,
and $2.75 million from private property owners under an assessment
district of which the City is a part.
Mrs. Lola Bush, owner of 99 Professional Parkway, stated that the
project would generate 10 additional trips and that she would be tied
down to a limited time frame if she had to abide by the condition
imposed on her project which would affect her financing and therefore
her project. She added that because financing will not be coming
through the (County) Housing Authority, that she would be willing
to give ten percent for affordable housing rather than the original
twenty percent, as required by the Housing Authority.
There being no further comments, Mayor Mulryan closed the public hearing.
Under discussion, Councilmember Breiner stressed that this small project
would involve only a minimal traffic increase and that an exception
should be made because it is a residential rental project. She felt
it would not be precedent setting and that a finding should be made
allowing approval of the project based on overriding considerations.
Both Councilmembers Nave and Frugoli spoke in favor of granting the
appeal.
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Councilmember Russom indicated he had a problem with granting the
appeal because he felt it would be setting a precedent; however, he
noted that if the appeal is granted, in the future the Council should
adhere to the requirements of Resolution No. 7427 as the Council's
basic guideline.
Mayor Mulryan indicated he would vote against granting the appeal
as he felt it would be going against Resolution No. 7427 as adopted.
After further discussion, Councilmember Breiner moved and Councilmember
Nave seconded, to uphold the appeal and deny the Planning Commission's
decision, with staff directed to prepare a Resolution of Findings
to be brought back to Council for approval at the next meeting, allowing
issuance of building permits upon approval of the building plan and
with the project modified to include 10 percent of the units for low
income housing.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave
NOES: COUNCILMEMBERS: Russom & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
9. UP86-12; REVIEW OF MASTER USE PERMIT FOR DON TIMOTEO SCHOOL; 39 TRELLIS
DRIVE; DIXIE SCHOOL DISTRICT, OWNER; MARION DANSIE, REP.; AP175-060-01
(Pl) - File 10-5
Planning Director Moore gave a brief background stating that in June
1986, Council approved a Use Permit for Don Timoteo School granting
evening use of the facility for one tenant per week (Parents United)
with a time limit of 9:45 PM, no more than 60 persons, and parking
contained on the site. On September 15, 1986, Council received a
status report on the evening use along with correspondence and heard
public testimony from residents of the neighborhood and Parents United.
As there were objections to night time use by the neighborhood, Council
voted to continue the item to allow staff to respond to some of the
questions.
Code Enforcement Officer Roy Butts gave a verbal report of his investi-
gation.
Mr. Butts stated that on one occasion starting at 8:55 a.m., he spent
four hours and 35 minutes on Montecito and Trellis Avenue and counted
271 cars that drove on Trellis Avenue. Of the 271 cars, 66 turned
into the school including four school buses. The next day starting
at 6:45 a.m., Mr. Butts again kept watch for two hours and counted
two school buses and approximately 40 cars that entered the school
grounds and about 52 cars that travelled up and down Trellis Avenue.
On four separate night time occasions he observed the school parking
lot, which holds 45 cars, was never filled, and about 15 cars travelled
on Trellis Avenue. In response to Mayor Mulryan's question on histor-
ical counts, Mr. Butts stated that he was not aware of any.
Mr. Bill Wilhelm of 42 Trellis Drive presented Council with a chart
showing his count of the cars travelling on Trellis and parking in
the school parking lot, and spoke against night time use.
Ms. Jacqueline Maley spoke against night time use at Don Timoteo School.
Mr. Hy Sholin, resident at 36 Trellis Drive spoke against night time
use at Don Timoteo School.
Mr. Michael Grodin, Coordinator of Parents United, stated that they
have done everything possible to accommodate the neighbors.
After discussion, Councilmember Frugoli moved and Councilmember Russom
seconded, to approve the existing conditions for one year as follows:
(1) Use of one night per week; (2) Limited to one tenant; (3) Not
to go beyond 9:45 PM; (4) Limit of 60 persons, and that parking be
contained on the site. Staff was directed to bring back a status
report to Council in six months, and that it need not be agendized.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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10. DISCUSSION OF CATAMARAN SERVICES IN SAN RAFAEL - File 225
Councilmember Frugoli proposed usage of the Red & White Fleet Catamaran
Vessels to pick up passengers at McNear's Quarry dock while enroute
from Vallejo to the San Francisco Ferry Building and return.
Council agreed that the proposal is a good one, and directed staff
to investigate with Red & White Fleet and McNear's Quarry and bring
a report back to Council.
ADD ITEM
1. POSSIBLE FLOODING DUE TO HIGH TIDES - File 9-3-40
Mayor Mulryan brought up concern about high tides over the next two
months and possible flooding when the rains arrive. He asked staff
to have an awareness program set up with a request for volunteers
willing to fill sandbags should they be needed. Public Works Director
Bernardi indicated that 6,000 sandbags have been ordered and that
staff would follow up with this plan.
There being no further business, the meeting was adjourned.
JiONDE M. LEONCIN ,, City Clerk
APPROVED THIS DAY OF 1986
MAYOR OF THE CITY OF SAN RAFAEL
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