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HomeMy WebLinkAboutCC Minutes 1985-09-03SRCC P•SINUTES (Regular) 9/3/85 Page 1 In the Conference Room 201 of the City of San Rafael, Tuesday, September 3, 1985, at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS 85-18(a), No. 1 - Sanford and Susan Shapiro vs. City of San Rafael, and Does 1 through XX, inclusive. No action taken. In the Council Chambers of the City of San Rafael, Tuesday, September 3, 1985, at 8:00 PM. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 2. Appeal of Building Official's Public Hearing set for September Enforcement of Section 504(b) 16, 1985. of the Uniform Building Code at 900 Fifth Avenue (PW) File 1-6-1 x 9-3-40 3. Resolution of Intention Re Abandommnet of Public Utilities Easement - 899 Northgate Drive (PW) - File 2-12 4. Resolutions Setting 1985/86 Tax Rate (Fin) - File 9-12-1 RESOLUTION NO. 7174 - RESOLUTION OF INTENTION TO VACATE 10' WIDE PUBLIC UTILITIES EASEMENT - MAP OF QUAIL HILL, SAN RAFAEL, CALIFORNIA, (Public Hearing set for October 7, 1985) RESOLUTION NO. 7175 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1985-86 FOR EACH $100.00 OF FULL VALUATION: FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION SEWER BONDS, ON OPEN SPACE BONDS, AND FOR PAYMENT OF PRINCIPAL AND INTEREST ON TERRA LINDA RECREATION DISTRICT BONDS ASSUMED BY CITY OF SAN RAFAEL - January 1, 1973 the sum of ..$.011 RESOLUTION NO. 7176 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1985-86 FOR EACH $100.00 OF FULL VALUATION: FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OPEN SPACE BONDS AND TERRA LINDA RECREATION DISTRICT BONDS ASSUMED BY CITY OF SAN RAFAEL..$.007 5. Status Report Describing Measures Accepted staff report. Taken to Alleviate the Condition which Led to the Adoption of Ordinance No. 1511: Moratorium On Fortunetelling Business (CA) - File 10-1 x 146 x 9-3-16 SRCCP-ZINUTES (Regular) 9/3/85 Page 1 SRCC MINUTES (Regular) 9/3/85 Page 2 6. Claims for Damages: Approved Insurance Consulting Associates, Inc. Recommendations for a. Juan Emanuel Morales (PD) - Denial of Claims. File No. 3-1-1001 b.James W. Runchey (PW) - File No. 3-1-1004 c.Thomas & Danielle Cane (PW) - File No. 3-1-1007 d.Rosanne Taormina (Lib/Cult./ Aff.) - File No. 3-1-1008 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 7. PRESENTATION OF RESOLUTION OF APPRECIATION TO ELAINE SPILLANE, EXECUTIVE VICE-PRESIDENT, SAN RAFAEL CHAMBER OF COMMERCE - File 102 x 119 Vice -Mayor Breiner presented a Resolution of Appreciation to Elaine Spillane, who served as Executive Vice -President for the San Rafael Chamber of Commerce since July 1982. 8. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 65 MEDWAY ROAD (PW) - File 13-1-1 Vice -Mayor Breiner opened the public hearing. Director of Public Works Bernardi commented that there was nothing to add to the staff report and recommended that Council grant the waiver of the handicapped accessibility requirements. Vice -Mayor Breiner closed the public hearing. Councilmember Nave moved and Councilmember Russom seconded, that City Council, sitting as the Board of Appeals, grant the appeal as the provision of a handicapped entry and toilet room would represent an unreasonable hardship, and directed staff to prepare an appropriate Resolution with Findings and bring said Resolution back for adoption at the next meeting. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 9. PUBLIC HEARING - Z84-12; ZONE CHANGE TO P -D (PLANNED DEVELOPMENT) DISTRICT FOR A PORTION OF PHASE I, FRANCISCO BUSINESS CENTER; DuBOIS STREET, RICE DRIVE and IRWIN STREET; SAMUELSON/HORNADAY, OWNERS; VICKERMAN, ZACHARY, MILLER, REPS; AP 13-042-02, 03, and portion of 04 - File 10-3 x 10-1 x (SRRA) -130 Planning Director Moore stated that this project originally was to be over 150,000 square feet of office/light industrial uses in the entire 8.5 acres, and the present proposal calls for the property North of what would be the Rice Lane extension to be rezoned to light/industrial uses with 20 percent being incidental offices. Jay Paxton, Attorney with Bianchi, Hoskins, Paxton and Engel in San Rafael, representing Samuelson/Hornaday, stated that they had some minor conditions to present. Page 2 of the Exhibit "A" DEVELOPMENT STANDARDS, (f)2, Re "dead end" driveways ... to join the two sentences into one adding at the end, "unless otherwise permitted at Design Review". Re Traffic Mitigation, Mr. Paxton stated that this project has little impact on the Bellam Boulevard Interchange at the PM peak hours, noting that the Rice Drive extension is of substantial cost with the value of the land and cost of improvements together amounting to $180,000. There is an appraisal of the site and Samuelson/Hornaday has added $50,000 for the improvements, which is a guess at what the improvements would cost, and he indicated that the mitigation fees when added to the amounts SRCC MINUTES (Regular) 9/3/85 Page 2 SRCC MINUTES (Regular) 9/3/85 Page 3 listed, impose an excessive burden on the project. Mr. Paxton asked Council to give them credit for the value of the land and for the improvements against the traffic mitigation fees, explaining that they were suggesting that they receive credit against the traffic mitigation fees or the reasonable value of the land they are dedicating and the actual costs for the improvements they would put in. Vice -Mayor Breiner closed the public hearing. Vice -Mayor Breiner addressed the addendum to this item on the change to Condition A re the P -D Zoning not allowing office, showroom or research and development uses, and that the packet material read, " this P -D Zoning does not allow office, retail, showroom or research and development uses". Mrs. Breiner indicated that it would be safer not to allow retail even after review by the Planning Commission. Planning Director Moore stated that at the Planning Commission meeting, the recommendation was that there be no allowance for retail uses. The Applicant wanted that opportunity to prove at a later time that there could be retail uses that would be low traffic generating. The Planning Commission then modified Development Standard "A" so that the use permit would go to the Zoning Administrator, and the Planning Commission did leave the door open to use permits for low traffic generating uses. Councilmember Frugoli commended the Applicant for working with the outdoor storage people in extending their leases for three to four years. RESOLUTION NO. 7177 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR ZONE CHANGE TO P -D (PLANNED DEVELOPMENT) DISTRICT FOR FRANCISCO BUSINESS CENTER AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan The title of the Ordinance was read: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM M (HEAVY COMMERCIAL AND MANUFACTURING) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Francisco Business Center) Councilmember Russom 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. 151'2 to print with the following vote, to wit, with changes as follows: Items (f)2 Re "dead end" driveways, that the two sentences join into one and adding at the end, "unless otherwise permitted at Design Review"; (f)6, second sentence, incorporate words..."Improvements to Rice Drice shall be deferred only until Andersen Drive goes through, whether there are open storage uses on that portion or not", and with the agreement to allow credit against mitigation fees for the cost of improving Rice Drive and land dedication. Councilmember Russom cautioned that if, in fact, the value of the land and the improvements exceeds the total mitigation fees, the City will not pay the money. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 10. DISCUSSION ON GROUP HOME POLICIES (PD) - File 13-16 Councilmember Russom stated that there was considerable concern between the neighbors and community at large in Las Gallinas re having group homes in a residential neighborhood, and indicated that petitions were submitted at tonight's meeting against such group homes. Police Chief Ingwersen stated that there was a change in the State law in the Statutes of 1978 re Residential Care Facilities serving six or less clients including people who are developmentally disabled, autistic, emotionally disturbed, alcohol/drug dependant and learning SRCC MINUTES (Regular) 9/3/85 Page 3 SRCC MINUTES (Regular) 9/3/85 Page 4 disabled whose ages range from infancy to the elderly. The policy states "that mentally and physically handicapped persons are entitled to live in normal residential surroundings and should not be excluded, therefore, because of their disability", and "to delete the authority of Counties and cities to require a special use permit for such faciilties or to impose zoning conditions on such facilities more restrictive than imposed on similar dwellings in the same zone." What this means is, that the Council may impose conditions upon the policy, but those conditions would have to be the same imposed on any other single family dwelling in the City of San Rafael, and a special condition may not be imposed for this particular facility. There are 58 facilities in Marin County and 47 percent are within the City limits and planning district. The Police Department has worked with the Marin County Department of Public and Social Services, and Marin County Probation Department, and the State Department of Social Services Community Care Licensing Division in Santa Rosa is investigating problems within these homes to bring them into compliance. Chief Ingwersen stated that the Legislature will be conducting interim hearings in September or October to discuss the issues on this matter, and suggested that the Council refer this item to the Planning Commission to have special hearings and put together a package to be submitted to the State Legislative Hearings to present the City's views and try to rectify the problem. Mr. Michael Maravich, General Director of Youth Activity, CYO, the parent corporation for the St. Vincent School for Boys, spoke of their regret of the attack against Mrs. Boren, and asked the community not to forget that the St. Vincent School for Boys has been in operation for 130 years, serving boys and young men in need, and asked for the City and the community's support through this tragedy. Mr. Joe Brocco, Executive Director at St. Vincent School for Boys, stated that the enormity of this act has shaken everyone, and indicated that they have met with their staff, professional consultants and Board of Advisors and made the determination as follows: 1) Effective immediately, the adolescent Group Home at the Las Gallinas site has been suspended. 2) In a short term, the home may be considered to serve younger children. 3) Any further long term use of this home would be undertaken only after discussions are held on the structure, supervision and goals of the program with local residents and authorities. Mrs. Jeannine Hillman, Supervisor from the Community Care Licensing Section of the Department of Social Services in Santa Rosa was asked by Councilmember Nave for the amount of inspections made on these types of group homes. Mrs. Hillman responded that full inspections are held once a year and more if there are complaints or if special incident reports are made. The time scheduling of hours re curfew is in the control of that particular home itself, and the placement workers are responsible for visiting their placements at least every six months. Mrs. Hillman continued by stating that every home is accountable to their own Board of Directors on the allocation of how money is spent. Councilmember Frugoli conveyed his regrets of the incident in spite of the fine work that St. Vincent's School for Boys have done to help youths. However, there are questions relating to the responsibility of supervision and curfews. Councilmember Nave indicated that some issues discussed should go back to the Planning Commission to be reviewed and submitted to the State. Planning Director Moore stated that since 1981, the Housing Element has called for the County to do a Countywide study of specialized housing programs. There is an administrative draft recently completed by staff that is being reviewed in-house, and staff is in the process of generating data that will fit in with the approach taken by the Police Department. Mrs. Julie Orologas, resident next door to the group home at 1923 Las Gallinas, stated that she wanted the home closed. Council agreed that Councilmember Russom would meet with the neighbors in the area of the group home and also with staff of the St. Vincent's SRCC MINUTES (Regular) 9/3/85 Page 4 SRCC MINUTES (Regulai 9/3/85 Page 5 School for Boys immediately and that a report would be brought back to Council at the next meeting. 11. REINTRODUCTION OF ORDINANCE NO. 1510 AS AMENDED - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS (FD) - File 9-3-31 Fire Chief Marcucci stated that he had met with the people concerned with the impact of the hazardous materials ordinance and incorporated their concerns into the ordinance. Mr. David Marquart of Airco Supply Co., stated that after meeting with Fire Chief Marcucci and other people who were concerned about the ordinance, they feel that this ordinance is a good one, and thanked Council for allowing him to have some input. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE OF HAZARDOUS MATERIALS" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and pass Charter Ordinance No. 1510 to print, as amended, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. P82-11 & Z82-15; AMENDMENT TO URBAN DESIGN & DEVELOPMENT POLICY STATEMENT FOR EAST SAN RAFAEL & ZONE CHANGE FOR SPINNAKER ON THE BAY MASTER PLAN; BELLAM & CATALINA BOULEVARDS; HENDRICKS-HORNE, OWNERS AND REPS.; AP 9-010-17, 18, 19, 20 & 21; 9-100-01, 04 & 05; & 9-142-13, 24, 26 & 53 (P1) - File 5-1-292 x 10-3 x 191 Planning Director Moore gave a brief overview of the staff report stating that on August 19, 1985, City Council held a public hearing where questions and comments were made regarding the various development standards and traffic implications. The discussion also covered setbacks from lagoon and wetland areas, obligations for improvement and dedication of the Bellam Boulevard extension, and requirements for shoreline band park and access improvements. Councilmember Frugoli asked staff for the time frame to do construction on the temporary interim improvements for Bellam Boulevard, and Public Works Director Bernardi responded that it would be approximately 60 days. Councilmember Nave recommended going with Alternative Phase One, stating that the housing is important, and that when additional phasing is implemented, traffic will again be looked at. Councilmember Russom stated that he is comfortable with adopting a Resolution of overriding Considerations, indicating that the 101 freeway traffic is the primary problem in that area, and that he favors Alternative One also. Councilmember Frugoli also indicated that the freeway traffic is a problem and that the interim improvements on Bellam Boulevard hopefully will relieve the problem to Level of Service D, also agreeing to go with Alternative Phase One. Vice -mayor Breiner did not agree with Alternative Phase One. After discussion re the Development Standards, Council, with exception of Vice -Mayor Breiner, approved Option/Alternative One, with the following changes to the Development Standards: 1) Page 6, (f) 1. eliminate period at end of word "projections" adding the word "and", and changing the minimum setback of 25 feet to 50 feet, with a 20 foot minimum from the bank and fence down the slope SRCC MINUTES (Regular) 9/3/85 Page 5 SRCC MINUTES (Regular) 9/3/85 Page 6 Setback to be submitted to the Design Review Board on the environmental issues. 2) Page 6, (f) 2. wants addition made to shorten setback by having all or part of the berm incorporated into the landscaping and Design Review Board to review it. Wording to read, "Landscaping within the existing setback area with consideration of incorporating all or part of the berm shall be determined at the time of the Design Review". 3. Page 7, (g) 4. 3rd. sentence; the road right-of-way shall be reduced ... add word "to" 60 feet east of Catalina Boulevard. 4. Page 7, (6) (i) 2, affordable housing - remain as is. 5. Page 6, Change heading to read, "Land Use/Housing Element Affordable Housing". 6. Page 6, (7), Dedication and Improvements of Shoreline Band Park and Access, should remain as recommended by Planning Commission. Applicant to provide a Bond to insure improvements. Council directed staff, without motion, to come back at the next meeting with the modifications for full review and action. 13. REPORT ON INSTALLATION OF PARKING METERS ON SIDE STREETS ADJACENT TO NEW PARKING LOT - 1556 FOURTH STREET (PW) - File 11-18 x 4-1-386 x(SRRA) 243 Public Works Director Bernardi stated that there is difficulty in metering only the commercial area, and noted the impact it would have on the residential area having packers using the free residential parking spaces. Vice -Mayor Breiner suggested that further analysis be made as to the amount of meters that can be utilized North of Fourth Street on F, G and H and on Ida Street. Council accepted staff report, without motion. 14. AN ORDINANCE TO PROVIDE THAT IN THE EVENT A REGULAR COUNCIL MEETING FALLS ON A HOLIDAY, THAT REGULAR MEETING SHALL OCCUR ON THE NEXT BUSINESS DAY NOT A HOLIDAY (CA) - File 9-1 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION SECTION 2.04.010 "REGULAR MEETINGS" OF CHAPTER 2.04 "COUNCIL" TO PROVIDE THAT IN THE EVENT A REGULAR COUNCIL MEETING WOULD OTHERWISE FALL ON CERTAIN NAMED HOLIDAYS, THAT REGULAR MEETING SHALL OCCUR ON THE TUESDAY FOLLOWING THE NAMED HOLIDAY" Councilmember Russom 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. 1513 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan There being no further business, the meeting was adjourned. JE�M. LEONCINI, City Clerk APPROVED THIS DAY OF 1985 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/3/85 Page 6