HomeMy WebLinkAboutCC Minutes 1985-04-15SRCC MINUTES (Regular, 4/15/85 Page 1
In Conference Room 201 of the City of San Rafael, Monday, April 15, 1985,
at 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION, LABOR NEGOTIATIONS AND PERSONNEL -
File 1-4-1.a.
Item #1 - No. 85-11.
No action taken.
In the Council Chambers of the City of San Rafael, Monday, April 15, 1985,
at 8:00 P.M.
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, Acting City Manager; Jeanne M. Leoncini,
City Clerk; Gary T. Ragghianti, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
FRED GRANGE'S ACTIVITIES AT OR ABOUT THE HELIPORT SITE IN EAST SAN RAFAEL -
File 211
Planning Commissioner Bob Livingston, on behalf of the Planning Commission,
asked for Council's investigation regarding enforcement of any and all City
regulations and permits on Fred Grange's activities at or near the Heliport
Site in East San Rafael on the following: 1) Filling and grading of the
heliport site. 2) Repair of the pond slope failure. 3) Sale to Grange of
surplus City parcels adjacent to the heliport site; and 4) Mr. Grange's
request to include pond slope in his heliport site.
Staff was asked to bring an update back to Council at the meeting of May 6,
1985.
CONSENT CALENDAR
Councilmember Frugoli 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.
and Regular Meetings of
March 18, 1985 (CC)
3. Bid Opening & Award of
Contract - Third & Union
Streets Wheelchair Ramps
Installation, Project No.
061-43618000 (PW) -
File 4-1-382
5. Acceptance of Grant of
Access Easements for
Maintenance Dredging -
Ferro Property (PW) -
File 2-5-15 x (SRRA) R-77
RESOLUTION NO. 7071 - RESOLUTION OF
AWARD OF CONTRACT FOR THIRD AND UNION
STREETS WHEELCHAIR RAMPS INSTALLATIONS
PROJECT NO. 061-43618000 (To Ghilotti
Bros., Inc., low bidder,in amount of
$14,270).
RESOLUTION NO. 7072 - RESOLUTION ACCEPT -
TING GRANT OF ACCESS EASEMENTS FOR
MAINTENANCE DREDGING AT 625 GRAND AVENUE
(FERRO PLAZA)
6. Authorization to Apply for RESOLUTION NO. 7073 - RESOLUTION AUTHOR -
California Arts Council IZING STAFF TO APPLY FOR A $13,013 GRANT
Grant (Lib/Cult. Affs) - FROM THE CALIFORNIA ARTS COUNCIL TO
File 222 IMPLEMENT A FALKIRK MEMBERSHIP PROGRAM.
SRCC MINUTES (Regular) 4/15/85 Page 1
SRCC MINUTES (Regular, 4/15/85 Page 2
7. Approval of 1985 Roberti- RESOLUTION NO. 7074 - RESOLUTION APPROV-
Z'Berg Grant Application to ING THE APPLICATION FOR GRANT FUNDS
the State of California for UNDER THE ROBERTI-Z'BERG URBAN OPEN
Boyd Park Improvements (Rec) - SPACE AND RECREATION PROGRAM FOR BOYD
File 12-5 x 2-1-9 PARK IMPROVEMENTS (in the amount of
$21,926)
8. Revision to Federal Aid
Urban System (PW) -
File 4-10-66
9. Acquisition of Street Right -
of -Way - Kerner Boulevard
Assessment District (Marin
County Employees' Retirement
Association, A.D. No. 24)
(PW) - File 6-35 x 2-2
12. Claims for Damages:
a. Vicki Fields -
File 3-1-957 (PD)
b. Patricia B. Hasler -
File 3-1-958 (PD)
c. Samuil Marcu -
File 3-1-960 (PW)
RESOLUTION NO. 7075 - RESOLUTION DESIG-
NATING CERTAIN ROADS TO BE IN THE
FEDERAL -AID URBAN SYSTEM (Extension of
Andersen Drive To "A" Street And
Extension Of West Francisco Boulevard To
Third Street)
RESOLUTION NO. 7076 - RESOLUTION ACCEPT-
ING CONVEYANCE OF REAL PROPERTY AND
AUTHORIZING EXECUTION OF RIGHT-OF-WAY
CONTRACT - KERNER BOULEVARD ASSESSMENT
DISTRICT, SAN RAFAEL, CALIFORNIA (A.D.
No. 24) (Cost for two parcels -
$2,680 - from Marin County Employees'
Retirement Association)
Approved Insurance Consulting
Associates, Inc. recommendations for
denial of claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. BID OPENING & AWARD OF CONTRACT - TENNIS COURTS RESURFACING, PROJECT
NO. 007-27008000712 (PW) - File 4-1-383
Mayor Mulryan asked Public Works Director Bernardi for clarification
whether the resurfacing of the tennis court at Santa Margarita Park for
$7,500 should have been a bid item. Mr. Bernardi explained that so long
as not more than 25% is added to the contract, this may be done through
a Change Order.
Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt
a Resolution awarding the contract for Tennis Court Resurfacing to
National Surfacing Co. in the amount of $36,220, authorized $6,734 to
resurface the three courts at Terra Linda High School from the Parks
Maintenance Account, and authorized a Change Order to resurface the
court at Santa Margarita Park.
RESOLUTION NO. 7077 - RESOLUTION OF AWARD OF CONTRACT FOR TENNIS COURTS
RESURFACING PROJECT NO. 007-27008000712 (to
National Surfacing Co., low bidder, in the amount
of $36,220).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. ED84-82 - RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION'S CONDITIONS
OF APPROVAL FOR THE DOCK APARTMENT COMPLEX; 516 CANAL STREET; L.H. LODER
AND ROBERT SAN CHEZ, OWNERS AND APPELLANTS; AP 14-191-05 & 06 (Pl) -
File 10-7
(Councilmember Russom requested that this item be removed from the
Consent Calendar as he would be abstaining due to absence from previous
meeting when this item was approved).
SRCC MINUTES (Regular) 4/15/85 Page 2
SRCC MINUTES (Regular; 4/15/85 Page 3
RESOLUTION NO. 7078 - RESOLUTION - DECISION ON THE APPEAL OF PLANNING
COMMISSION CONDITIONS OF APPROVAL OF THE DOCK
APARTMENTS AT 516 CANAL STREET (ED84-82)
AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Russom
11. RESOLUTIONS COMMITTING TRAFFIC MITIGATION FEES IN EAST SAN RAFAEL TO
FUND A PORTION OF I580/BELLAM BOULEVARD IMPROVEMENTS (PW) - File 10-2 x
11-16
Mayor Mulryan urged Council adoption of an additional resolution
requesting County Board of Supervisors' support in pursuing Interstate
funding for the Interstate 580/Highway 101 interchange this year, with
the City of San Rafael committing to waive any claim to a funding
commitment from the 1985/86 State Transportation Improvement Program if
in the next two years funding becomes available for higher Marin County
priority Highway 101 improvements and the commitment to I580/Highway 101
interchange improvements jeopardizes the Highway 101 funding potential.
RESOLUTION NO. 7079 - RESOLUTION REQUESTING MARIN COUNTY BOARD OF
SUPERVISORS' SUPPORT FOR THE HIGHWAY 101
INTERSTATE 580 INTERCHANGE IMPROVEMENT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7080 - RESOLUTION COMMITTING TRAFFIC MITIGATION FEES IN
EAST SAN RAFAEL TO FUND A PORTION OF I580/BELLAM
BOULEVARD INTERCHANGE IMPROVEMENTS
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - NUISANCE ABATEMENT; MU14ICIPPL CODE CHAPTER
1.20.030G.1.2. & 3.; REMOVAL OF FIVE HAZARDOUS TREES; 570 WOODBINE DRIVE
(Pl) - File 3-3-41 x 11-6
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan stated that since noticed, the property owners removed all
the trees that were infected.
Mayor Mulryan closed the public hearing.
14. PUBLIC HEARING - P83-10 - DRAFT NORTH SAN RAFAEL POLICY PLAN (Pl) -
File 210 x 191
Planning Director Moore reported that the North San Rafael Policy Plan
started in 1982 when a Memorandum of Understanding (MOU) was adopted by
both the City and County. The three properties involved are the
Silveira Ranch, St. Vincent's and Daphne/Bacciocco. Ms. Moore indicated
that the Council now has two new Councilmembers from when this item was
brought forward in 1983. Staff's intent is that the County staff and
the consultant be able to give a concise presentation on the plan, that
public testimony be taken, and direction be provided to City and County
staff for additional information that the Council may need prior to
taking final action. The final action that staff hopes to have is a
Resolution of Intent to Amend the San Rafael General Plan by adopting
the North San Rafael Policy Plan. After City Council's action, the
County Planning Commission and the County Board of Supervisors will
review the document.
Mayor Mulryan asked Ms. Moore how the elimination of office designation
on the Daphne/Bacciocco property came about, and Ms. Moore replied that
this was a land use designation made possible only if review of a
specific development proposal of the property deemed it appropriate.
This means the Daphne/Bacciocco's application to the City would continue
to involve a General Plan Amendment to modify the land use designation
to allow office as the application proposes substantial office
SRCC MINUTES (Regular) 4/15/85 Page 3
SRCC MINUTES (Regular, 4/15/85 Page 4
development. The North San Rafael Policy Plan as recommended by the
Planning Commission does not designate the Daphne/Bacciocco property for
office use. The burden is on Daphne/Bacciocco to demonstrate why the
residential and open space designation should be modified and changed.
Councilmember Nave discussed the creekside setback and the fact that the
Planning Commission Minutes indicated a 100 foot setback on either side
of the stream, whereas it is his understanding the setback is to be 50
feet in urban areas.
Ms. Moore replied the Planning Commission specified 100 feet back from
the top of the bank, and County staff indicated that this was consistent
with the draft Ordinance. Some property owners and City staff were
concerned because the Ordinance is being extensively reviewed by the
Board of Supervisors and it is unclear whether it will be adopted in
that form. Consequently, City staff recommended a reference to the
Ordinance. In the event the Ordinance does not get adopted, it would
then come back for revision.
Mr. Mark Reisenfeld, Marin County Planning Director, indicated that the
General Policy in the current Countywide Plan for urban areas is 50
feet. However, there is an exception where large undeveloped tracts of
land are 100 feet regardless of the Ordinance now pending before the
Board of Supervisors. Mr. Reisenfeld suggested that an indication be
made that the creekside setback policy should be consistent with the
current General Plan Policy as opposed to the Ordinance.
Councilmember Breiner's concerns were as follows: Chapter 1.6 under
Assumptions, Level of Development, re Hamilton Air Force Base, shows
only the Lanham Housing units are constructed, and wondered what the
recent proposals do to those assumptions and how it might affect this
plan; she asked to have a map showing ownership designations; also, why
there is no consideration of commercial use along the freeway; on page
III -4, would want to have in the middle of the first paragraph..."by
encouraging the development of job opportunities north of San Rafael,
the County would reduce the heavy traffic movement in the County in the
southbound direction"...Councilmember Breiner asked that the word
"would" be changed to "might", because there is no guarantee that the
people occupying homes in the areas where jobs are created is true. On
page III -5 under A.3.2, would prefer to have the wording under
Residential Developments..."proposed that all densities should include
below market rate units"...to include..."some units to be made
accessible to the handicapped". Councilmember Breiner was concerned of
having Level of Service "D" built in and would prefer keeping Level of
Service at "D" at a high level. A suggestion was to word it as "D or
better", these should be changed on pages III -9 and III -11. Re Chapter
III, page 15 under C.1.2, Environmental Quality..."all major native oak
groves and eucalyptus trees should be preserved in their present
condition"...should have wording changed to.."preserve healthy
eucalyptus trees".
Ms. Alice Miller of the Marin County Planning Department, project staff
liaison, stated that County staff was interested in doing the Plan
because many parcels would be ending their agricultural contracts on
March 1, 1984. The firm of Sedway/Cooke worked on the original plan
which was brought forward in 1982 with Mr. Rod Jung as the project
manager.
Mr. Rod Jung of Sedway/Cooke, stated that when they took over the
project in 1982, they were to determine what would be the appropriate
level of development for the 1,700 acre area between Hamilton Air Force
Base and the Civic Center. This acreage is in the City's planning area,
so any urban development and intensive uses would occur within the
City's jurisdiction. During this time, the County was updating it's
General Plan and revising the land use policies. One of the results of
this report is to provide aid in prezoning of the area for future City
annexation. The County has a number of environmental, transportation
and housing concerns they want fulfilled even with the development
occurring within the City's jurisdiction. This was designated as a
mixed use development and should take advantage of the Northwestern
Pacific Railroad right-of-way. He mentioned the various types of
housing developments and transportation improvements to be made in the
areas.
SRCC MINUTES (Regular) 4/15/85 Page 4
SRCC MINUTES (Regular, 4/15/85 Page 5
Ms. Alice Miller then reviewed some of the policies in the Draft North
San Rafael Policy Plan.
Mr. Irving Schwartz, Civil Engineer representing the three private
property owners within the plan area, spoke on the inconsistency between
figure 3-1 and 4-1 and asked for correction. In figure 3-2, further
review is to be made on the Silveira and St. Vincent hillside property
and geographical changes were made to coincide with the topography, but
noted that the map itself is misleading because the areas shown with
horizontal lines are potential open space areas, and they felt there
should be some explanation as to what this means. The plan does not
recognize the State Highway Commission and Board of Supervisors' past
policies on the northbound off ramp into the Silveira property.
On page III -10, section B.1.3, first paragraph, it mentions extension of
North Redwood Drive as a two-lane road; this property is served by the
Lucas Valley Road interchange and Marinwood interchange. The section in
question proposes that a roadway be constructed parallel to Highway 101
but not as a frontage road. The problem is that this does not connect
with a similar street to the south.
Mr. Schwartz stated his clients are concerned about a comment in the
Environmental Information form on a 3 -story height limit. On the
Daphne/Bacciocco property, in the draft plan previous to this draft,
there were qualified statements on pages III -2, III -23 and IV -2 which
have been removed and he wanted to know the purpose for the removal.
They also question the lack of commercial designation on the Silveira
property except for one area near St. Vincent's Parkway. Lastly, the
1973 Marin Countywide Plan indicates the Silveira/St. Vincent's property
as a "business development area and high density, 12 to 20 units per
acre housing opportunity area". The 1982 update mentions these
properties within an area where a major amount of economic growth is to
occur. He indicated the limitation on development proposed does not
provide for the proper development for these special areas as stated in
the Countywide Plan. It appears that these properties are being penalized
for development beyond their control and the City's. Since the plan was
changed to become a short range plan, he asked what will happen after
1990, indicating that the lack of planning after 1990 makes this plan
practically unuseable.
Mr. Howard Council, representing the Marinwood Community Services
District, asked Council to ask LAFCO to waive the dual annexation policy
for the Daphne/Bacciocco property. Mr. Council explained that they have
developed a way of life in this area and want it to remain as it is,
keeping the Daphne/Bacciocco property.
Ms. Patricia Ford from Marin Preservation Alliance expressed her
concerns that the taxpayers will finance this development by adding
sales tax in order to fund Highway 101 improvements to accommodate the
increase in traffic this development will bring. In addition, there
would be a change in the quality of life, additional traffic and
pollution, and impact on Marin County's limited water supply and
property values. Ms. Ford indicated that there is a 20 percent vacancy
in office buildings and if not filled, there will be a drain on taxes,
and the cost would be greater than the revenues.
Mrs. Edith McKenna, representing the owners of the Daphne/Bacciocco
property, asked how the office or industrial is justified on the
Silviera property and not on the Daphne/Bacciocco. Also, the qualifying
statement pointed out in pages III -2, III -23 and IV -2 has been removed
and it states that..."land use to be determined during reviews of
specific development applications"...the property at the moment in the
County is zoned for 146 units. The Planning Commission Resolution only
stated removal of the office designation, but the plan shows 100
residential units when the zoning allows 146 units.
Mayor Mulryan asked Ms. Moore what jurisdiction could change the zoning
from 146 units to 100, and Ms. Moore replied the County. She stated
that even though this is in the City's sphere of influence, it is in the
County and, therefore, zoned by the County. The City has never taken
prezoning action. She indicated the Daphne/Bacciocco representatives
have on their own, filed a General Plan amendment application to allow
non-residential and residential development.
SRCC MINUTES (Regular) 4/15/85 Page 5
SRCC MINUTES (Regular, 4/15/85 Page 6
Mayor Mulryan explained to Ms. McKenna that this means there is no pre-
judgment, but it is up to the property owners' representatives to put
together a proposal which would be weighed by the staff, the Planning
Commission and the City Council. Ms. McKenna also stated that there is
an economic quality to these properties that, in spite of planning, must
realistically be taken into consideration.
Mr. Daniel J. Curtin, Jr., attorney representing the Daphne/Bacciocco
property, asked that his letter to Council dated April 2, 1985, which
requests Council to not accept the Marin County Board of Supervisors'
recommendations made in its letter to Council dated March 22, 1985, (to
turn down their applications) and instead, permit Daphne/Bacciocco
application to be heard on its merits, be made part of the record.
Mayor Mulryan closed the public hearing.
Councilmember Russom asked what would be the source of funds for the
four and six lane roads. Ms. Moore replied that the roads would serve
the properties involved in the plan, and it would be the responsibility
of those property owners and subsequent developers to fund and construct
those improvements.
Councilmember Nave indicated that he would like to have more flexibility
with density in the plan.
Ms. Moore indicated that lands are not being eliminated from the City's
sphere of influence in the North San Rafael Policy Plan Area. She
indicated the lands of Silviera essentially show that it is not possible
within the next five years to maximize urban development, and that by
trying to indicate the area to be developed in the next five years
rather than having lower intensity development spread all over the
property, we are trying to build in an urban reserve.
Councilmember Russom stated that the plans rely on the Transportation
Systems Management (TSM) programs, specifically on a 50 percent increase
in carpooling in the County, and indicated he is not certain that this
is realistic to make transportation assumptions based on this. He
observed that since this plan was started in 1982 with completion
expected in mid 1985, that the City should probably begin Phase II, the
post 1990 portion.
Councilmember Frugoli indicated he is not in favor of annexing the
Daphne/Bacciocco property.
Mayor Mulryan explained that tonight was for comments only.
Ms. Moore indicated that staff would come back to Council at the next
meeting with a Resolution of Intent for adoption, incorporating changes,
and the plan will then go to the County for review. Ms. Moore continued
to explain that this plan states that there is a lot more that needs
looking at in detail in the next phases, including some of the fiscal
policies and the transportation analysis.
Councilmember Breiner moved and Councilmember Russom seconded, that the
draft include the following suggestions made during the discussion:
. On page III -4 - middle of first paragraph..."By encouraging the
development of job opportunities north of San Rafael, the County would
reduce the heavy traffic..." change would to might.
. Page III -5, under Item A.3.2, change wording under... Residential
Developments..."proposed that all densities should include below
market rate units"...have additional wording..."and some units to be
made accessible to the handicapped."
. Keep Level of Service at "D" or better which is on pages III -9 and
III -11.
. On Page III -5 under C. Environmental Quality, C.1.2..".All major
native oak groves and eucalyptus trees should be preserved in their
present condition"...should add word..."preserve 'healthy' eucalyptus
trees".
. Give plan more flexibility concerning the 1,700 acres.
. Suggests that the Phase II - Post 1990 Plan should begin, since the
time frame of this Phase I which began in 1982 is being completed in
1985.
. Staff to bring back additional information as requested, as well as a
Resolution of Intent for adoption at the May 6, 1985 Council meeting.
SRCC MINUTES (Regular) 4/15/85 Page 6
SRCC MINUTES (Regula 4/15/85 Page 7
Councilmember Breiner stated she did not feel her questions were totally
answered on commercial along the freeway as opposed to office and the
issue of Hamilton Air Force Base itself being developed north of San
Rafael, indicating the Plan format might have changed if this issue had
been taken into consideration.
Councilmember Breiner asked City Attorney Ragghianti if it would be
safer to amend the wording to reflect that land uses are to be
determined during specific reviews of the project as suggested by Mr.
Curtin. City Attorney Ragghianti replied that he had no objections.
Ms. Moore interjected that the question was brought up several times as
to why the Daphne/Bacciocco designation was changed and some of the
language deleted, and representatives of Daphne/Bacciocco have indicated
that the Planning Commission asked that the map be changed and did not
ask to delete the language. The language deleted was a footnote to the
maps explaining that there was essentially a provisional office
designation on the Daphne/Bacciocco property, indicating that only if
after extensive review could a determination be made that office use is
acceptable. The Planning Commission determined that if office is not
clearly acceptable now, then the burden should be on the applicant to
request a later amendment. She indicated this is the reason for the
deletion,and the elimination of the explanatory language is no accident.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Ms. Moore stated that there is commercial shown for both the Silviera
and St. Vincent properties, designations close to the Marinwood
interchange. In regard to the assumptions for Hamilton Air Force Base,
there would not be construction at Hamilton to the point that there
would be occupancy of any new use prior to 1990.
Councilmember Nave asked staff how much square footage of commercial
they are talking about; how many acres of undeveloped land will be left
after 1990 of the 1,700 acres; how much is open space. County staff
indicated there are 73 acres developable in the first phase and beyond
that it would have to be measured. Councilmember Nave indicated that he
would like to have this information brought back and stated that there
should be more housing on these acres.
County staff stated that the traffic was based on 15,000 square feet of
retail on the Silveira property facing the freeway.
Councilmember Nave indicated more commercial should be added to make it
economically viable.
Ms. Moore stated that the additional information will be brought back to
Council at the next meeting.
15. PUBLIC HEARING - Z85-3 - ZONING ORDINANCE AMENDMENT TO CHAPTER 14.11 FOR
ESTABLISHMENT AND ORGANIZATION OF THE DESIGN REVIEW BOARD (P1) -
File 9-2-39 x (SRRA) R-65
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that last year the Boards and Commissions
were evaluated by staff and various recommendations were forwarded to
the Council. In regard to the Design Review Board, both the Planning
Commission and City staff concurred there was a need to formalize
existence of the Design Review Board and to increase its membership from
three to four members. It was later determined that there would be
difficulty in having four members, therefore, five members was decided
upon. The Planning Commission recommended that in order to serve, a
person needs only to have a San Rafael mailing address.
Councilmember Russom moved and Councilmember Frugoli seconded, to pass
Ordinance to Print Adopting Zoning Text Amendment to Chapter 14.11 for
Establishment and Organization of the Design Review Board expanding the
Design Review Board along the lines as suggested by the Planning
Commission, and that applicants are required to be residents of the City
of San Rafael.
SRCC MINUTES (Regular) 4/15/85 Page 7
SRCC MINUTES (Regular., 4/15/85 Page 8
AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Nave
ABSENT: COUNCILMEMBERS: None
Mr. Herb Nienstedt of Marin Property Owners Association, suggested that
the Council overlooked the licensed building designers who felt they
were not being considered when they basically have the same
qualifications as architects. Mr. Nienstedt indicated that there might
be some merit in having someone who is not directly in the design field
but someone who is in the construction industry. There are occasions
where developers may have a proposal that may not fit in with what is
actually possible in construction terms.
Ms. Moore clarified the Ordinance, Item 3 under B, page 3, where it
states that at least one member shall have background or experience in
urban design. She stated that this was not intended to be specified in
the requirements for the fifth member. This qualification could be
filled by one of the architects or landscape architects indicating that
some wording should be added to make it clear that this is not a
requirement for the fifth member. It is an open seat.
Mr. Bob Livingston stated that there is a distinct difference between a
building designer and a state licensed architect. Mr. Livingston stated
that an architect must pass a qualifying examination, and would need to
have the necessary experience and education which is required by the
state. A number of years ago, the State of California had a procedure
where people wanting to become architects only needed a certain amount
of experience in job training. These people were given the designation
of building designers, having only a limited amount of education.
Mayor Mulryan closed the public hearing.
Councilmember Russom moved and Mayor Mulryan seconded, to adopt the
Planning Commission's recommendation on the Zoning Ordinance Amendment
to Chapter 14.11 for Establishment and Organization of the Design Review
Board to expand to a five member Design Review Board and to include the
requirements that all applicants be residents of San Rafael.
AYES: COUNCILMEMBERS: Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner, Frugoli, Nave
ABSENT: COUNCILMEMBERS: None
The motion failed.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
accept the Planning Commission's recommendation with the understanding
that all members of the Design Review Board live within the City limits
of San Rafael and that at least two members shall be licensed architects
or licensed building designers.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7081 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR A
ZONING ORDINANCE AMENDMENT (Z85-3) ESTABLISHING
THE ORGANIZATION OF THE DESIGN REVIEW BOARD.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Earlier motion passing Ordinance to print rescinded by implication.)
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF
THE SAN RAFAEL MUNICIPAL CODE, CREATING SECTION 14.11.10, ESTABLISHMENT
AND ORGANIZATION OF THE DESIGN REVIEW BOARD"
Councilmember Breiner moved and Councilmember Frugoli seconded, to
dispense with the reading of the Ordinance in its entirety and refer to
it by title only and pass Charter Ordinance No. 1502 to print, as
modified, by the following vote, to wit:
SRCC MINUTES (Regular) 4/15/85 Page 8
SRCC MINUTES (Regulars 4/15/85 Page 9
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - A85-3 - ZONING ORDINANCE TEXT AMENDMENTS TO CHAPTERS
14.11 AND 14.82 RELATING TO ENVIRONMENTAL AND DESIGN REVIEW PERMITS AND
EXPANSION OF THE ZONING ADMINISTRATOR'S AUTHORITY (Pl) - File 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore indicated that on March 26, 1985, the Planning
Commission reviewed and recommended (7-0) City Council adoption of
several zoning ordinance text amendments proposed for Chapter 14.11
(Environmental and Design Review) and Chapter 14.82 (Zoning
Administrator). Review of these amendments accompanied the Planning
Commission's review of the text amendment relating to the establishment
and organization of the Design Review Board.
An amendment to Section 14.11.02 would clarify and categorize items that
are subject to environmental and design review permits. This amendment
would also identify the authority of review for such permits. An
amendment to Section 14.82.030 would expand the authority of permit
review by the Zoning Administrator, to further streamline the City's
Planning procedures. The Zoning Administrator, introduced in 1978, has
worked extremely well in this regard.
Councilmember Breiner asked for more clarification of the wording on
page 3 of the staff report under Minor Physical Improvments, a.2, "A
part of a subdivision in which fifteen or more contiguous lots are
proposed to be built by one builder", regarding how minor this is. Ms.
Moore indicated that this portion would be removed from the Ordinance.
Councilmember Breiner referred to Item g. on the same page on Drainage
stating that this is a major issue and that the Planning Commission
should have a chance to review it. Ms. Moore explained that the
rationale was for minor on-site drainage improvements such as small
drainage swales.
Councilmember Breiner referred to page 5, Item B, numbers 12 and 16, on
the issue of live entertainment within 100 feet of a residential
district, that it should be kept at the Planning Commission level.
Number 16, review of Transportation Systems Management programs for
existing commercial developments. Wording should be ..."Review of
previously approved Transportation Systems Management programs for
existing commercial developments". Ms. Moore stated that number 12 will
also be deleted.
Councilmember Nave referred to page 4, Zoning Administrator, where
Section 14.82.030(e) - Certificates of Compatibility for Mobile Homes as
required under Section 14.14.030. This is in error and therefore the (e)
should be deleted. Ms. Moore agreed.
Mayor Mulryan closed the public hearing.
RESOLUTION NO. 7082 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR A
ZONING ORDINANCE AMENDMENT (Z85-3) TO CHAPTER
14.11 (ENVIRONMENTAL AND DESIGN REVIEW) AND
CHAPTER 14.82 (ZONING ADMINISTRATOR)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF
THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.11.02 CLARIFYING MATTERS THAT
ARE SUBJECT TO ENVIRONMENTAL AND DESIGN REVIEW AND SECTION 14.82.030,
EXPANDING THE AUTHORITY TO THE ZONING ADMINISTRATOR"
Councilmember Frugoli moved and Councimember Russom seconded, to
dispense with the reading of the Ordinance in its entirety and refer to
it by title only and pass Charter Ordinance No. 1503 to print, as
modified, by the following vote, to wit:
SRCC MINUTES (Regular) 4/15/85 Page 9
SRCC MINUTES (Regulaz, 4/15/85 Page 10
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Frugoli left meeting)
17. REPORT ON GENERAL PLAN UPDATE (P1) - File 115
Mayor Mulryan stated that Planning staff is asking Council for
authorization to recruit personnel for the General Plan Update which has
been discussed in the past.
Councilmember Russom moved and Councilmember Breiner seconded, that
staff be authorized to recruit contract personnel for the General Plan
Update.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
(Councilmember Frugoli returned to meeting)
18. STATUS REPORT ON HIGHWAY 101 TRAFFIC MANAGEMENT PLAN DURING THE H.O.V.
LANE CONSTRUCTION (PW) - File 11-16
Councilmember Breiner stated that she wanted to specify that the
emergency access road between Lincoln Avenue and Los Ranchitos Road is
for temporary usage only and should be in the staff recommendation.
Councilmember Nave suggested assigning reserve personnel on Irwin and
Mission to direct traffic instead of regular police personnel, and using
security personnel on a contract basis for a certain period of time.
Councilmember Russom moved and Councilmember Breiner seconded, to
accept staff's recommendation to 1) Continue to work with CalTrans
regarding the feasibility of a temporary reversible flow of the
emergency access road over Puerto Suello Hill; 2) Consider the
signalization of Mission Avenue at Grand Avenue at budget time; and 3)
Approve the traffic management plan in concept with a final
determination to be made at the May 6, 1985 meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. REPORT ON PROPOSITION 4 LIMITATION BALLOT MEASURE (Fin) - File 9-4 x 8-5
Finance Director Coleman reported that one year ago, staff reported that
the City would be approaching the Proposition 4 Limitation during this
fiscal year. He indicated the City is still under the limit based on
current projections. However, concern is that during the next fiscal
year there is a good chance the City will exceed the limit. In order to
avoid this, the City would need to place a measure on the ballot for our
General Municipal Election to be held on November 5, 1985, to ask voters
to raise the City's Proposition 4 limit so that all of the "proceeds of
taxes" can be legally appropriated and spent in San Rafael. The measure
would require a majority vote only.
Mr. Coleman requested Council approval of the proposed ballot wording
and proposed Ordinance. He indicated staff will come back to Council
with additional material prior to approving a Resolution placing the
measure on the ballot.
Councilmember Frugoli stated that the voters should know the reason for
having this item on the ballot and why it is being done.
Councilmember Nave moved and Councilmember Russom seconded, to approve
the ballot wording and ordinance; that the City Attorney be directed to
prepare an analysis of the initiative for inclusion in the Voter's
Pamphlet and directed staff to bring back to the Council an appropriate
resolution to place the measure on the ballot.
SRCC MINUTES (Regular) 4/15/85 Page 10
SRCC MINUTES (Regula, 4/15/85 Page 11
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. P84-12 - STREET NAME CHANGE FOR PORTION OF MAKIN GRADE TO UPPER TOYON
DRIVE (Pl) - File 11-2
Mayor Mulryan indicated that this item would change the street name for
a 300 foot portion of Makin Grade to Upper Toyon Drive for safety
purposes.
RESOLUTION NO. 7083 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE
PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN
CONNECTION WITH THE RENAMING OF A PORTION OF MAKIN
GRADE TO UPPER TOYON DRIVE.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. VALLECITO PLAYGROUND PROPOSAL: (Rec) - File 4-7-23 x 194 x 8-5
a. RESOLUTION AUTHORIZING CITY CONTRIBUTION OF $10,000 TO PROJECT
b. RESOLUTION AUTHORIZING JOINT APPLICATION TO SAN FRANCISCO FOUNDATION
Recreation Director Sharon McNamee reported that the Dixie School
District was consolidating their elementary school to Vallecito in
September, 1985. The project is to meet the needs of the school and the
larger needs of the community by combining resources to achieve a large
scale playground structure. This a a joint project with the Dixie School
Board and the County of Marin. Staff requests the City to participate
in the application to the San Francisco Foundation and approve a
contribution of $10,000 to match the application.
RESOLUTION NO. 7084 - RESOLUTION AUTHORIZING $10,000 CONTRIBUTION
TOWARD THE VALLECITO PLAYGROUND IMPROVEMENT
PROJECT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7085 - RESOLUTION APPROVING A JOINT GRANT APPLICATION TO
THE SAN FRANCISCO FOUNDATION FOR FUNDS FOR THE
VALLECITO PLAYGROUND IMPROVEMENT PROJECT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. MARIN COUNTYWIDE PLAN DRAFT ECONOMIC ELEMENT (P1) - File 193 x 149
Planning Director Moore called upon the County staff, Ms. Carol
Williams, who stated that since the City's Planning staff is to take
this item to the Planning Commission for recommendations to be brought
back to Council on May 6, she deemed it to be appropriate to postpone
the County's presentation until it comes back to Council with the
staff's report. At that time County will present the highlights of the
Element for comments from Council that will then be taken to the County
Planning Commission for its consideration.
Councilmembers accepted the County staff's recommendation, without
motion.
23. PROPOSED ORDINANCE AMENDING SECTION 6.10.030 (ORDINANCE NO. 1361) OF THE
SAN RAFAEL MUNICIPAL CODE TO DELETE THE PROVISION THEREOF ALLOWING
UNLEASHED DOGS AT THE NORTHEASTERLY SIDE OF THE MARIN COUNTY CIVIC
CENTER LAGOON (CM) - File 13-3
Acting City Manager Nicolai indicated the City has received a request
from the Marin County Board of Supervisors to amend Section 6.10.030
(Leashing of Dogs Required) of the San Rafael Municipal Code by
repealing subsection "b" which allows the running and training, off -
leash, of dogs at the northeasterly side of the Marin County Civic
SRCC MINUTES (Regular) 4/15/85 Page 11
SRCC MINUTES (Regulaii 4/15/85 Page 12
Center Lagoon. She indicated this will be handled by the Humane Society
and has been worked out with the community.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 6 OF THE SAN
RAFAEL MUNICIPAL CODE REGARDING THE LEASHING OF DOGS" (to delete the
provisions allowing unleashed dogs to run in the northeasterly side of
the Marin Civic Center Lagoon)
Councilmember Frugoli moved and Councilmember Breiner seconded, to
dispense with the reading of the Ordinance in its entirety and refer to
it by title only and pass Charter Ordinance No. 1504 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. SUN VALLEY OPEN SPACE - OPTION TO PURCHASE AGREEMENT BETWEEN CITY, MARIN
COUNTY OPEN SPACE DISTRICT AND WILLIAM AND JUDITH MURPHY, AP #10-011-35
(CM) - File 4-13-69 x 13-14-1
Mayor Mulryan indicated that this item was being held over as
recommended by staff to Council meeting of May 6, 1985.
25. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
RESOLUTION NO. 7086 - RESOLUTION SUPPORTING SB 290, A BILL INTRODUCED IN
THE CALIFORNIA LEGISLATURE ESTABLISHING AN
ADDITIONAL FIVE CENT GASOLINE TAX TO FUND
STATEWIDE TRANSPORTATION PROJECTS
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Administrative Assistant Harry reported that he had attended a
Legislative Briefing in Sacramento and spoke with a League of California
Cities staff member who indicated that unless the Bill gets out of the
State Transportation Committee by May 3rd, it will die in this
Legislative Session. The League staff recommended that either one or
more Councilmembers attend the meeting of the Californians for Better
Transportation to be held on May 1st in Sacramento, and then meet with
the members of the Senate Transportation Committee. A copy of the
Resolution is to accompany the letter of explanation to Senator Milton
Marks and Assemblyman Bill Filante in support of the SB 290 Bill.
Mayor Mulryan indicated he will try to attend the meeting, otherwise a
staff member will attend.
Councilmember Nave moved and Councilmember Breiner seconded, to Oppose
SB 1398 (Dills) Peace Officer and Firefighter Labor Disputes: Binding
Arbitration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned at 10:20 PM.
JE LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 4/15/85 Page 12
1985