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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. SRCC MINUTES (Regular) 11/3/86 Page 2 SRCC MINUTES (Regular) 11/3/86 Page 3 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. SRCC MINUTES (Regular) 11/3/86 Page 3 SRCC MINUTES (Regular) 11/3/86 Page 4 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 SRCC MINUTES (Regular) 11/3/86 Page 4 SRCC MINUTES (Regular) 11/3/86 Page 5 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 SRCC MINUTES (Regular) 11/3/86 Page 5