HomeMy WebLinkAboutCC Minutes 1985-11-04SRCC MINUTES (Regular 11/4/85 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, November 4,
1985 at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS -
File 1.4.1.a
No. 85-21(a) - #1. Beatrice Hough v. City of San Rafael, et al.
No. 85-21(b) - #1. Stanley Graham Utzman v. City of San Rafael, et al.
No action taken.
In the Council Chambers of the City of San Rafael, Monday, November 4, 1985
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: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk;
Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Breiner seconded, to approve
the recommended action on the following consent calendar items:
Item
Recommended Action
3. Authorization to Apply for Grant RESOLUTION NO. 7211 - RESOLUTION
from California State Office of AUTHORIZING STAFF TO APPLY FOR GRANT
Historic Preservation for Third FROM CALIFORNIA STATE OFFICE OF
Floor Restoration at Falkirk HISTORIC PRESERVATION FOR THIRD FLOOR
(Lib/Cult.Affs.) - File 9-3-61 x RESTORATION AT FALKIRK ($13,620
8-19 committed in local funds)
4. Authorization to Apply for
Grant from San Francisco
Foundation for Cultural Programs
and Third Floor Restoration at
Falkirk (Lib/Cult.Affs.) -
File 9-3-61 x 8-19
5. Resolution Approving Program
Supplement No. 7 to City/State
Agreement for Funding of Federal
Aid Project for Guardrail
Installation on Second Street
between Hetherton and Irwin
Streets (PW) - File 4-10-66 x
9-3-40
6. Resolutions Accepting Deeds of
Conveyance and Authorizing
Execution of Right -of -Way
Contracts from MMWD - Kerner
Boulevard Assessment District
(PW) - File 6-35
RESOLUTION NO. 7212 - RESOLUTION
AUTHORIZING STAFF TO APPLY FOR GRANTS
FROM THE SAN FRANCISCO FOUNDATION FOR
CULTURAL PROGRAMS AND CAPITAL
IMPROVEMENTS AT FALKIRK COMMUNITY
CULTURAL CENTER ($33,000 programming
grant & $34,000 capital improvement
grant)
RESOLUTION NO. 7213 - RESOLUTION
ADOPTING PROGRAM SUPPLEMENT TO CITY/
STATE AGREEMENT NO. 04-5043 FOR
FUNDING OF FEDERAL AID PROJECT NO.
HES-E 009 (1) FOR SAFETY IMPROVE-
MENTS ON SECOND STREET BETWEEN
HETHERTON AND IRWIN STREETS
RESOLUTION NO. 7214 - RESOLUTION
ACCEPTING CONVEYANCE OF REAL PROPERTY
AND .AUTHORIZING EXECUTION OF RIGHT
OF WAY CONTRACT - KERNER BOULEVARD
ASSESSMENT DISTRICT, SAN RAFAEL,
CALIFORNIA (A.D. NO. 1 - STREET
RIGHT OF WAY)
SRCC MINUTES (Regular) 11/4/85 Page 1
SRCC MINUTES (Regular, 11/4/85 Page 2
7. Claims for Damages:
a. Kathy Shaner & Dick Gall
(PD) - File No. 3-1-1017
C. California State Auto
Association (PW) -
FILE No. 3-1-1022
d. Melvin D. Beck (PW) -
File No. 3-1-1024
e. Janis Construction Co.
(Carl Arnold III)
(PW) - File No. 3-1-1025
f. Janis Construction Co.
(Dufault & Durant)
(PW) - File No. 3-1-1026
g. National Car Rental
(Rec) - File 3-1-1027
RESOLUTION NO. 7215 - RESOLUTION
ACCEPTING CONVEYANCE OF REAL PROPERTY
AND AUTHORIZING EXECUTION OF RIGHT
OF WAY CONTRACT - KERNER BOULEVARD
ASSESSMENT DISTRICT, SAN RAFAEL,
CALIFORNIA, (A.D. NO. 1 - PUBLIC
ACCESS EASEMENT)
RESOLUTION NO. 7216 - RESOLUTION
ACCEPTING CONVEYANCE OF REAL
PROPERTY AND AUTHORIZING EXECUTION
OF RIGHT OF WAY CONTRACT - KERNER
BOULEVARD ASSESSMENT DISTRICT, SAN
RAFAEL, CALIFORNIA (A.D. NO. 23 -
CURB RETURN)
Approved Insurance Consulting
Associates, Inc. Recommendations
for Denial of Claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. APPROVAL OF MINUTES OF SPECIAL JOINT MEETINGS OF JUNE 18 & 19, 1985 AND
OCTOBER 16, 1985, (CLOSED SESSION) AND REGULAR MEETING OF OCTOBER 21,
1985 (CC) - File 1-4
Councilmember Breiner asked that Minutes of October 21, 1985 be
corrected - Item 12, last sentence...word "fast" should read "East".
Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve the Minutes of Special Joint Meetings of June 18 & 19, 1985 and
October 16, 1985 (Closed Session) as presented, and Minutes of Regular
Meeting of October 21, 1985, as amended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Russom (from Minutes of October 16, and
October 21, 1985 only due to absence from
meetings.)
7.b. CLAIMS FOR DAMAGES:
LAWRENCE KLINE (FD) - File No. 3-1-1018
Mayor Mulryan indicated that this item would be discussed in Closed
Session at the end of the Council meeting.
SRCC MINUTES (Regular) 11/4/85 Page 2
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8. PUBLIC HEARING - S84-12 & V85-21; APPEAL OF PLANNING COMMISSION'S DENIAL
OF A TWO LOT SUBDIVISION AND VARIANCE FOR REDUCTION IN LOT WIDTH; 148
BRET HARTE ROAD; MR. & MRS. GORDON EHRMAN, OWNERS & APPELLANTS; LESLIE
S. STONE, REP.; AP 13-251-11 (Pl) - File 10-8 x 10-4
Mayor Mulryan declared the public hearing opened.
Associate Planner Jensen stated that on August 27, the Planning
Commission denied a parcel map and variance application for a two lot
subdivision of a 1.25 acre parcel at 148 Bret Harte Road. The variance
was for a reduction in the 100 ft. lot width requirements of the zoning
district and the proposal calls for two lot widths of 93 ft. and 96 ft.
The Planning staff did approve the proposal, but the Planning Commission
denied it because they could not find justification for the variance,
stating that the applicant lost their chance to subdivide into two
conforming lot widths when they sold a 30 ft. wide strip to an adjacent
property owner several years ago, and found this to be a self-imposed
hardship. They also indicated that, although there is a flat portion of
the site that is developable, that this construction would have the
potential to deteriorate the character of the neighborhood. The
Planning Comimission vote was 5-1 (Boro dissenting, Willms absent).
In answer to Councilmember Frugoli's question as to why staff
recommended approval of this project, Mr. Jensen responded that the sale
of the parcel to the adjacent property owner was a special circumstance
and if this had not occurred, there would have been two conforming lot
widths for subdivision.
Planning Director Moore responded to a question by Councilmember
Breiner as to whether a precedent would be set if the variance was
granted,by indicating that if the variance was granted with findings,
making specific reference to the previous sale and indicating that there were
special and unique circumstancesto this property, it would be unlikely
that it would be precedent setting.
Mr. Leslie Stone, architect for the project, presented a collage of
colored photographs outlining the setback and square footage involved.
Mr. Stone explained that the Ehrman's wanted to sell their present
larger house and build a smaller one more suited to their needs,
enabling them to remain in the same area, and that the neighbor''
concerns would be considered with the designing of the new house.
In Support of the Appeal
Mrs. Sue Mason of 267 Bret Harte Road, stated she has been a neighbor of
the Erhman's for many years and indicated that the Erhman's have been
active in the Property Owners Association and have loaned out their
property for the annual Bret Harte Property Owners' Picnic.
Mrs. Inka Benton of 51 Bret Harte Road, stated that she is an architect,
and indicated that the new house would add to the value in the area.
Mr. John Bradshaw of 154 Bret Harte Road, stated that he had no
objections to the project.
Mr. Dave Hudson of 150 Bret Harte, stated that he looked at the property
after the survey flags were in place, and indicated that he was in favor
of the project.
Mr. Richard Courtney of 59 Bret Harte Lane could not find fault with the
house or that it would interfere with the beauty of the area.
Against the Appeal
Mr. Jan Harvey of 189 Bret Harte Road indicated that he spoke to a next
door neighbor who objected, and therefore, he was objecting.
Mrs. Mary Duryee of 140 Bret Harte Road, strongly opposed the granting
of the variance giving three reasons as follows:
1. Does not comply with the zoning ordinance in their neighborhood
which requires 100 ft. width and neither lots are in conformance.
SRCC MINUTES (Regular) 11/4/85 Page 3
SRCC MINUTES (Regular, 11/4/85 Page 4
2. Does not comply with the slope ordinance which states that the size
and shape of lots shall conform to the zoning regulations in the
area.
3. The variance should only be considered if hardship or unusual or
extraordinary circumstances can be shown, and there are no special
conditions that warrant exceptions to this subdivision.
Mayor Mulryan referred to staff re the slope ordinance, indicating that,
if a flat lot requires 20,000 square feet, how could the 40 percent
slope reduce that requirement.
Ms. Moore responded that slope zoning is used in areas of R-1 zoning,
where the lot width requirement is 50 feet, for example. Bret Harte
Heights for a long time has been zoned in a large lot zoning district
and without the Subdivision Slope Ordinance Overlay, it requires a very
large width. In this instance, the slope does not require more width
than the special R-1 zoning district.
Ms. Moore stated that the zoning for this area would allow lots with
less than 100 foot frontages if the average widths were above the 100
feet.
Concerning the sewer hookups, Mr. Bernardi indicated that there is
sufficient capacity in the system; and in regard to paying their fair
share of the installation of the sewers in the past, this would need to
be reviewed with the Sanitation District and County Counsel to ascertain
any additional fees to be paid.
Mr. Robert Sieker of 121 Bret Harte Road commented that when the Bret
Harte Road Subdivision was created in 1937, 90 percent of the lots met a
100 foot frontage requirement, indicating that the lots were not meant
to be lots of lesser size. Mr. Sieker was against the subdivision.
Mrs. Barbara Sieker of 121 Bret Harte Road, was concerned that should
the subdivision be granted, there is nothing indicating that the
Ehrman's must build a small house on the lot.
Mayor Mulryan stated that if there was an approval of the subdivision,
there could be restrictions in the deed that would run with the land.
Mr. William Nichols of 155 Bret Harte Road, indicated that parking would
be a hazard because of the narrow and curved roads, and was opposed to
the subdivision.
Mr. Neil Moran of 188 Bret Harte Road, spoke in opposition of the sub-
division, stating that there are no special circumstances to grant the
variance.
Mr. Gordon Ehrman of 148 Bret Harte Road, the Applicant, stated that he
had not heard of the Duryee's wanting to build a swimming pool until he
attended the Planning Commission meeting a month or two ago.
Mrs. Betty Veering of 50 Bret Harte Lane, spoke in support of the
appeal.
Ms. Moore responded to a question re parking, stating that if the
variance should be granted, that there is a requirement for a use
permit, and staff recommends a requirement of design review. She
indicated that it has been a long standing practice in hillside areas
with narrow streets where on -street parking is not available, to require
four off-street parking spaces, and noted that because of this, plans
are required to be submitted to show that a house can be accommodated on
a small lot.
Mr. Sieker inquired if the design review would be a public hearing.
Ms. Moore stated that it would be noticed the same way the variance and
subdivision originally were noticed for the Planning Commission.
Mayor Mulryan closed the public hearing.
SRCC MINUTES (Regular) 11/4/85 Page 4
9F
SRCC MINUTES (Regular) 11/4/85 Page 5
Councilmember Breiner suggested that, in the future, staff include in
the staff report the findings for a variance that would need to be made,
for Council review.
City Attorney Ragghianti indicated that he had some legal reservation
about any conditions that would indicate that the applicant could not
sell the lot if the subdivison was permitted.
After discussion, Councilmember Russom moved and Councilmember Nave
seconded, to grant the appeal and overrule the Planning Commission's
denial of a Two Lot Subdivision and Variance for Reduction in Lot Width
at 148 Bret Harte Road, with conditions that the project will be
required to have a Use Permit and design review on the actual
development with restrictions to run with the land. A Resolution with
findings and conditions to be brought back to Council for approval at
the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARING - ABATEMENT OF PUBLIC NUISANCE (ILLEGAL UNIT); 20 IDA_
STREET (Pl) - File 3-3-43 x 10-3
Mayor Mulryan declared the public hearing opened.
At the request of City Attorney Ragghianti, Code Enforcement Officer
William L. Butts, aka Roy Butts was sworn in by City Clerk Leoncini
before presenting testimony.
Mr. Butts reported that he had inspected a garage conversion at 20 Ida
Street concerning illegal units, and found that the single family
dwelling on site was a fourplex conversion. Mr. Butts continued to
state that in 1976, there were two units in the building that
were illegal at that time, and a request was brought before the Planning
Commission to grant a Use Permit, which was denied.
Mrs. Mimi Rabinowitz, aka Mirriam Remak, stated that she and her
partner, Richard Dawe, owned the unit at 20 Ida Street, and urged
Council to reconsider the abatement of the three units in question,
indicating they are rented to three people with a low rental fee.
Ms. Kelly McCandra, Ms. Robin Sevak and Ms. Sandy Snider, commented that
they are students who enjoy living at their residence, and asked Council
to reconsider the abatement of the units.
Mr. J. Richard Dawe, part owner of 20 Ida Street, commented that he was
unable to find any immediate solutions for the shortcomings described by
Mr. Butts. Mr. Dawe referred to the earlier Use Permit in 1977 which
was refused by the Planning Commission, causing the downstairs units to
be abated, and eventually used for storage only. When the young women
asked Mr. Dawe and Ms. Rabinowitz to rent the apartments, they allowed
them to do so because they could not find sufficient reason to not let
them use it. Mr. Dawe stated that if the resolution is passed, the
units would need to be vacated within 75 days, and requested that the
resolution be amended to require abatement after the students have
concluded the school semester.
Councilmember Frugoli inquired what the rental cost was, and Mr. Dawe
responded that two of the units rent for $175.00 each and the other for
$155.00.
Mayor Mulryan closed the public hearing.
After considering the hardship of the students, Councilmember Nave moved
and Councilmember Breiner seconded, to adopt the Resolution ordering
abatement of a public nuisance at 20 Ida Street with an amendment
changing the date of abatement from 75 days to May 31, 1985 (end of
school semester).
SRCC MINUTES (Regular) 11/4/85 Page 5
SRCC MINUTES (Regular) 11/4/85 Page 6
RESOLUTION NO. 7217 - RESOLUTION ORDERING ABATEMENT OF PUBLIC NUISANCE,
20 IDA STREET
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: NONE
10. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 824 FIFTH
AVENUE (PW) - File 13-1-1
Staff report indicated that Ms. Rosalie Guerrini, on behalf of her
tenant, is proposing to remodel a small office for use as an
accountant's office, consisting of interior partitions at an estimated
cost of $7,000. The applicant can provide a State required parking
space and access through a side entrance, but finds that it would cost
$5,500 to provide an accessible toilet room.
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi added that staff had contacted the Marin
Center for Independent Living, but had not heard from them as yet.
Mayor Mulryan closed the public hearing.
Councilmember Breiner moved and Councilmember Frugoli seconded, that
Council, sitting as the Board of Appeals, determined after hearing all
testimony, that in this particular case, the provision of a handicapped
accessible toilet room would represent an unreasonable hardship. Staff
was directed to prepare an appropriate Resolution with Findings and
bring said Resolution back for adoption at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - PROPOSED ORDINANCE AMENDING AND ADOPTING VARIOUS
BUILDING CODES (PW) - File 1-6-1 x 1-6-2 x 1-6-3 x 1-6-5 x 1-6-6 x
1-6-7 x 1-6-8
(Councilmember Frugoli left the meeting).
Mayor Mulryan declared the public hearing opened.
There being no comments from the public, Mayor Mulryan closed the public
hearing.
The title of the ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING
CHAPTER 12.12 "UNIFORM BUILDING CODE", (1982 Edition); CHAPTER 12.14
"UNIFORM MECHANICAL CODE", (1982 Edition); CHAPTER 12.16 "UNIFORM
PLUMBING CODE", (1982 Edition); CHAPTER 12.20 "ELECTRICAL CODE", (1984
National Edition and 1971 Uniform Edition); CHAPTER 12.26 "UNIFORM
HOUSING CODE", (1982 Edition); CHAPTER 12.28 "UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS", (1982 Edition); CHAPTER 12.32
"UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE", (1982 Edition); AND
CHAPTER 12.38 "UNIFORM SOLAR ENERGY CODE", (1982 Edition)
Councilmember Nave 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. 1517 to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom, Nave & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
12. TRAFFIC IMPROVEMENTS STATUS REPORT (Pl) - File 11-13
Councilmember Russom referred to Page 2 of the staff report re the
Manuel Freitas Interchange, concerning the uncommitted funds for this
project, and inquired how assurance could be made that CalTrans will
proceed with the project.
SRCC MINUTES (Regular) 11/4/85 Page 6
SRCC MINUTES (Regular) 11/4/85 Page 7
Ms. Moore responded by stating that State Transportation Improvement
Program (STIP) timing process would be monitored every year.
Councilmember Russom asked for clarification of staff exploring the
possibility of buying other Federal funds.
Public Works Director Bernardi explained that in order to have control
over the construction of the Merrydale Overcrossing, the Federal Highway
Administration requires that there be a minimum of 50% funding. The
City has raised 60% of this funding through traffic mitigation fees.
The City will then take $500,000 from assessment district funds to buy
FAU dollars from another jurisdiction wanting to sell their FAU
dollars, putting the project in the 51% category of Federal funding. By
buying FAU dollars for 90 cents on the dollar, the City earns 10%.
Councilmember Russom referred to the Northgate Freitas Interchange,
stating that several of the cost estimates were 1981 dollars, and asked
staff if there was any estimate of what happened through inflation with
the dollars four years later.
Ms. Moore responded by stating that it probably is consistent with the
Lee Saylor Construction Index which traffic mitigation fees are modified
by. Ms. Moore added that the Northgate Activity Center Plan currently
allows projects to be approved when funding for improvements is secured,
but it takes a long period of time when the City is dealing with the
State and Transportation agencies to get a project on the ground.
Councilmember Frugoli inquired about funding for the Bellam Boulevard
Interchange.
Mr. Bernardi stated that the process is to be reprioritized, ultimately
getting it into the State Transportation Improvement Plan.
Mayor Mulryan commented that he would need input from staff on
addressing this item with Mr. Bruce Nestende, Chairman of the California
Transportation Commission.
Councilmember Breiner directed staff to look into breaking up the issue
of I-580 Northbound off ramp, to be separated from the Irene Street over -
crossing, and also have the Traffic Engineer investigate having a left
turn lane on Westbound Mission at Hetherton.
Council accepted the staff report, without motion.
13. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1516 - 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, CALIFORNNIA, SO AS TO RECLASSIFY CERTAIN
REAL PROPERTY FROM R-2 AND P -D (DUPLEX RESIDENTIAL AND PLANNED
DEVELOPMENT) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (1821-1847
FIFTH AVENUE) (ROTARY MANOR) (P1) - File 10-3 x (SRRA) R-144
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 R-2 AND P -D (DUPLEX RESIDENTIAL
AND PLANNED DEVELOPMENT) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT
(1821-1847 Fifth Avenue) (Rotary Manor)"
Councilmember Breiner moved and Councilmember Nave seconded, to dispense
with the reading, to refer to it by title only, and adopt Charter
Ordinance No. 1516 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli
SRCC MINUTES (Regular) 11/4/85 Page 7
SRCC MINUTES (Regular) 11/4/85 Page 8
14. DISCUSSION OF MARIN HERITAGE REQUEST FOR ADDITIONAL $5,000 DONATION FOR
FALKIRK GREENHOUSE CONSTRUCTION RE INSTALLATION OF GLASS (Cult/Affs.) -
File 9-3-61 x 8-19
Mrs. Mary Dekker, coordinator on the restoration of the Greenhouse
project at Falkirk, presented before and after colored slides of the
Greenhouse project to the Council, stating that Marin Heritage was
asking for $5,000 to complete the installation of the glass panes.
Mayor Mulryan thanked Mrs. Dekker and the volunteers who have put in
many weekends to help with the reconstruction of the Falkirk Greenhouse.
RESOLUTION NO. 7218 - RESOLUTION APPROPRIATING $5,000 AS A CONTRIBUTION
TO MARIN HERITAGE FOR INSTALLATION OF GLASS IN THE
FALKIRK GREENHOUSE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. DISCUSSION ON CONSIDERATION OF WAYS TO UPGRADE COMMUNITY SHOPPING
CENTERS - File 10-2 x 12-1 "(Verbal)
Mayor Mulryan asked Council for concept approval for consideration of
overlay zoning to apply to shopping centers in the community which, if
passed, would require any significant change in the shopping center to
be done by use permit. This would give Council an opportunity to look
at the changes in tenancy, etc., and if appropriate, reasonable
conditions could be applied so that such things as upkeep, landscaping,
etc. could be required as a condition of change.
Councilmember Nave agreed with the concept, but only if applied to
structural changes and not tenant changes.
After discussion, staff was directed to look into ways of upgrading
community shopping centers, with possibility of overlay zoning to apply
to structural changes rather than tenants, including different
alternatives and incentives.
16. DISCUSSION ON TRAFFIC MANAGEMENT ALTERNATIVE SOLUTIONS (Pl) - File 11-1
(Verbal)
Mayor Mulryan stated that many people are concerned about the traffic
situation, and as San Rafael is the hub of the County even though the
population has declined, there are increasing traffic problems as
compared to years past. Suggestion was made that the City should look
at every alternative beyond what is being done presently.
Councilmember Breiner voiced her concern with the Golden Gate Bridge
District selling their van fleet, indicating this was a major step
backward and asked staff to look at van pooling problems because this is
a part of the proposed TSM program. She also asked for Council
consideration of an Interim Overlay Ordinance while awaiting the East
San Rafael Neighborhood Plan, so that Council would have some control
over intensification of use in the area.
.After discussion, staff was directed to look at alternatives on
solutions to traffic, and bring back consideration of an Interim Overlay
Ordinance for use permit control over intensity and changes of uses in
the East San Rafael area. Also, staff to pull traffic alternatives from
the Countywide Plan with comments for Council review.
17. APPROVAL OF MEMORANDA OF UNDERSTANDING (MOUS) WITH MISCELLANEOUS
EMPLOYEES: (CM) - File 7-8-1
a. RESOLUTION FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE), S.E.I.U.
- LOCAL 949, SUPERVISORY UNIT
RESOLUTION NO. 7219 - RESOLUTION ADOPTING COMPENSATION AND WORKING
CONDITIONS FOR MISCELLANEOUS SUPERVISORY PERSONNEL
(Memorandum of Understanding) (One Year Agreement
From July 1, 1985 Through June 30, 1985)
SRCC MINUTES (Regular) 11/4/85 Paqe 8
SRCC MINUTES (Regular) 11/4/85 Page 9
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. RESOLUTION FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE), S.E.I.U.
- LOCAL 949, MISCELLANEOUS EMPLOYEES
RESOLUTION NO. 7220 - RESOLUTION AMENDING RESOLUTION NOS. 6360, 6454,
AND 6690 PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR MISCELLANEOUS PERSONNEL
(Memorandum of Understanding) (One Year Agreement
From July 1, 1985 through June 30, 1985)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, Mayor Mulryan adjourned the meeting in
memory of former Councilmember Fred Jensen, who passed away on Wednesday,
October 30, 1985, and who served on the City Council for 28 years.
Council returned to Closed Session to discuss 7b. Claim for Damages:
Lawrence Kline (FD) - File No. 3-1-1018.
Council then reconvened in open session and unanimously denied claim.
JEALVN '-M. LEONCINI, 'ty Clerk
APPROVED ON DAY OF 1985
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 11/4/85 Page 9