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
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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
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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
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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
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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
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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
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