HomeMy WebLinkAboutCC Minutes 1984-07-16SRCC Minutes (Regular) 7/16/84 Page 1
In the Council Chambers of the City of San Rafael, Monday, July 16, 1984,
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
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leonoini,
City Clerk; Peter J. Muzio, City Attorney
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
CITY COUNCIL APPOINTMENTS TO THE PLANNING COMMISSION - File 9-2-6
Mayor Mulryan announced the following appointments to the Planning Commission:
Joyce B. Rifkind, to fill a 4 -year term, expiring the end of June 1988; and
Robert E. Hoffmann, to fill the unexpired term, expiring the end of June 1987.
SPECIAL PRESENTATION
1. PRESENTATION OF THE COMMISSION ON AGING'S ANNUAL REPORT (CM) - File 199
Anna K. Stern, R.N., M.S., Member of the Commission on Aging, gave a
summary of the annual report presented to the Council on the Commission's
activities and the Area Plan on Aging, and thanked Mayor Mulryan for
supporting the Commission's endeavors. She indicated that as the
Commission reaches their goals, she will keep the Council informed.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following consent calendar items: l
Item
2. Approval of Minutes of Special
Meeting of June 2, 1984 and
Regular Meeting of June 4, 1984 (CC)
3. Resolution of Appreciation for
Planning Commissioner Richard M.
Norman (Pl) - File 102 x 9-2-6
4. Resolution Amending Resolution No.
6691 Pertaining To The Compensation
For Management"And Mid -Management
Employees To Provide For Increase
In Salary For City Clerk (CM) -
File 9-3-14 x 7-3-2 x 8-5
5. Request for Authorization to Call for
Bids for Elda Drive Slide Repair
Project (PW) - File 4-1-369
6. Request for Authorization to Call for
Bids for Oakwood Drive Slide Repair
Project (PW) - File 4-1-370
7. Claims for Damage:
a. Joseph Dawson Barnes (PD) -
File 3-1-897
b. Marin Municipal Water District
(PW) - File 3-1-898
8. Reclassification of Position of
Secretary to Deputy City Clerk (Pers) -
File 7-3 x 7-8-1 x 8-5
Recommended Action
Approved as submitted.
RESOLUTION NO. 6865 -
RESOLUTION OF APPRECIATION TO
RICHARD M. NORMAN, PLANNING
COMMISSIONER
RESOLUTION NO. 6866 - AMENDING
RESOLUTION NO. 6691 PERTAINING TO
THE COMPENSATION FOR MANAGEMENT
AND MID -MANAGEMENT EMPLOYEES TO
PROVIDE FOR INCREASE IN SALARY
FOR CITY CLERK ($2,815 per month,
effective July 1, 1984)
Approved staff recommendation,
authorizing staff to call for
bids.
Approved staff recommendation,
authorizing staff to call for
bids.
Approved George Hills Co., Inc.
recommendations for denial of
claims.
RESOLUTION NO. 6867 - AMENDING
RESOLUTION NO. 6690 PERTAINING
TO THE COMPENSATION AND WORKING
CONDITIONS FOR MISCELLANEOUS
PERSONNEL (Deputy City Clerk,
Salary Range 8a)
SRCC Minutes (Regular) 7/16/84 Page 1
SRCC Minutes (Regular) 7/16/84 Page 2
9. Request for Temporary Street Closure
of Las Gallinas Avenue, Between
Northgate and Nova Albion Way,
on Saturday, August 25, 1984,
(8:00 AM to 9:00 AM) for "Run for
Guide Dogs" (PD) - File 11-19 x
9-3-30
10. Request for Temporary Street Closure
of Mission Avenue, Between Mary and
Union (In Front of Aldersly Danish
Retirement Home) on August 1, 1984
at 3:00 PM, for 30 Minutes (CM) -
File 11-19 x 9-3-30
Approved staff recommendation
for temporary closure, as re-
quested.
Approved staff recommendation for
staff to work with representative
for the Danish Girl Band on the
best way to handle the event, witl
authorization to close block on
Mission if staff feels it is
reasonable and cost effective.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS
11. PRESENTATIONS OF RESOLUTIONS OF APPRECIATION TO: - File 102
a. EILEEN STAUB, TECHNICAL SERVICES AND REFERENCE LIBRARIAN, RETIRED
Mayor Mulryan expressed the Council's sincete gratitude to Eileen
Staub for her 15 years of dedicated service to the San Rafael Public
Library as he presented her with the Resolution of Appreciation.
b. RICHARD M.NORMAN, PLANNING COMMISSIONER
Mayor Mulryan presented the Resolution to Richard M. Norman, thanking
him and stating he has been a great addition to the Planning Commission
by contributing his expertise in the area of construction.
c. MARK SEDWAY, STATE BOARD OF EDUCATION MEMBER
Mayor Mulryan presented the Resolution of Appreciation to Mark Sedway,
congratulating him on his appointment and on his excellent scholastic
and leadership record in school.
12. PUBLIC HEARING - Z84-4 - REZONING FROM "M" TO P -D DISTRICT FOR 36,778
SQ. FT. HOME IMPROVEMENT RETAIL CENTER; 530 FRANCISCO BLVD. WEST;
REDEVELOPMENT AGENCY�McPHAILS c/o RAY HOFFMAN, OWNERS; CITY OF SAN RAFAEL,
REP.; AP 9-051-06 & 0 (Pl) - File 10-3 x R-227
Mayor Mulryan declared the public hearing opened.
Planning Director Anne Moore indicated that the purpose of the rezoning
is to provide use permit control for all uses within the center and to
establish specific standards for development.
Mr. Ray Hoffman requested Council consideration of a change in Exhibit "A"
of the proposed Ordinance under "Conditions of Approval, (a) 1)" -which
currently limits the tenants to those who sell home improvement items, to
a broader definition incorporating limitation to small and large item
retail uses, with emphasis on home improvement type businesses.
Mayor Mulryan asked Planning Director Moore whether this would have any
effect on parking requirements and Ms. Moore indicated there would not
be; the important distinction as far as parking requirements are con-
cerned is small and large item retail, She stated there would be no objec-
tion to the change in the condition.
Mayor Mulryan closed the public hearing.
RESOLUTION NO. 6868 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF
PROPERTY AT 530 FRANCISCO BOULEVARD WEST
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC Minutes (Regular) 7/16/84 Page 2
SRCC Minutes (_Regular) 7/16/84 Page 3
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 MANU-
FACTURING) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT"
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. 1491 to print,
modified at Exhibit "A" - Conditions of approval: (a) 1)"Uses shall
be limited to small and large item retail, emphasizing home improvement
uses,"iby the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL FOR NEW CHEVRON
SELF-SERVICE STATION TO REPLACE EXISTING FACILITY; 729 FOURTH STREET;
CHEVRON USA, OWNER & APPELLANT; D. R. CRISPEN, REP.; AP 11-275-01 (P1) -
File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the staff report, indicating that Chevron
USA has appealed the Planning Commission's denial of UP84-37 to replace
an existing service station facility at Fourth and Lincoln with a self -
serve station. The appeal states that the proposed service station
retail use is appropriate for the site and will contribute to the spirit
and intent of the Redevelopment Plan, contending service stations do not
detract from downtown retail by discouraging pedestrian traffic. The
appellant further contends the proposed modernized facility will expedite
gasoline sales service to the downtown shopper and help eliminate traffic
congestion. Planning Commission denied the use permit on a 4-1 vote on
June 12, 1984 (with Norman abstaining, Hoffman dissenting, Willms absent.)
The recommendation for use permit denial was based on the report of the
Downtown Ad Hoc Retail Committee and staff analysis which concluded the
service station use is not an appropriate use at this major entrance to
downtown. Approval of this use permit would decrease the likelihood
that this and vicinity properties will be redeveloped to retail/office
and/or residential uses more supportive of the downtown retail use.
Ms. Moore indicated that a letter had just been received from Attorney
David Hellman, representing Chevron USA, requesting reconsideration of
the use permit variance and a reversal of the Planning Commission's
denial.
Attorney David Hellman then spoke, indicating that the recommendations
of the Downtown Ad Hoc Committee have not been implemented at this
time, and until the City has some alternate use of the site, there is
no articular reason for denyin the use of the station as proposed,
as here is no master plan for �he area.
Jay Merritt, Station Operator, urged Council to overrule the Planning
Commission, indicating that the station's business provides over $50,000
per year in sales tax revenue.
Councilmember Frugoli asked how many parking spaces were being rented
on-site and was told there were 20 spaces made available by Mr. Merritt.
J. P. Toffaleti, 34 Broadview Drive, San Rafael, read a letter in support
of appeal to approve the use permit allowing the Chevron station to be
rebuilt to replace the present outmoded facility.
Mark Mueller also spoke in support of the appeal.
Mayor Mulryan stated the question is whether the property should or should
not be used as a service station; whether that is the highest and best
use of the property, and indicated he currently is a customer.
There being no further comments from the public, the public hearing was
closed.
SRCC Minutes (Regular) 7/16/84 Page 3
SRCC Minutes (Regular) 7/16/84 Page 4
Councilmember Breiner indicated she was opposed to a service station
at the intersection of Fourth and Lincoln, which she stated is one of
the worst intersections in the entire community, and to increase the
traffic pattern by making it a self-service station exclusively would
be unacceptable.
Councilmember Russom moved and Councilmember Breiner seconded, to uphold
the Planning Conmlission's decision and adopt a Resolution denying the
Chevron Station Use Permit.
RESOLUTION NO. 6869 - RESOLUTION DENYING THE CHEVRON STATION USE PERMIT
(UP84-37) - 729 FOURTH STREET
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli requested that staff pursue looking at City property
on Second and Lincoln and to work with Chevron on this. Mayor Mulryan
asked staff to implement this request.
14. PUBLIC HEARING - Z84-3, UP84-23 & ED84-22 - CONSIDERATION OF PLANNING
COMMISSION RECOMMENDATION TO DENY ZONE CHANGE FROM C-2 to P -D FOR 25
UNIT APARTMENT HOUSE; 1606 THIRD ST. AT HAYES ST.; ROBERT W. COPPLE,
RAY W. FOREAKER, JR., J. FRIEDMAN, T. HANSEN,OWNERS; AP 11-241-39 & 43(Pl)
File 10-3 x 10-5 x 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore indicated the site had previously been approved
for an office building. The current proposal utilizes the same foot-
print and general building design as the office project approved for
the site. The proposal is for a 25 unit apartment project, consisting
of eight studio apartments, 13 one bedroom apartments and four two bed-
room apartments, with one of the 25 units specifically designed as a
handicapped unit. The applicant is currently negotiating with the Marin
County Housing Authority to finance the project and under such financing
a minimum of 20% of the units or five units would be provided for low
income residents for a period of at least ten years. Covered parking
is also proposed, with a total of 39 spaces to be provided.
When the proposal was reviewed by the Planning Commission, Planning staff
had recommended approval of the project. However, Planning Commission
had significant concerns about the project because of its high density
and the height of the project; also the proposed rental units are small.
Ms. Moore pointed out that the outline of the approved office project
was more massive than the current proposal. Planning Commission
denied the project on a 4-2 vote (Smith & Norman dissenting, Willms
absent).
Developer Ray Foreaker then spoke, indicating that James Ring, Architect
had been retained to work on the housing project. Two 3 -story buildings
are proposed, with land coverage--to7be approximately 55% of the property.
After attending two neighborhood meetings, their project was redesigned
to 25 units, with decks eliminated on the northerly side to give the Hayes
Street residents more privacy. Discussions were also held about closing
Hayes Street to through traffic with pros and cons debated. Mr. Foreaker
stated there is a possibility of extending the duration of the low income
units beyond the 10 years, and they are working with Ecumenical Housing
on this aspect. A favorable response to the project was given by the
Design Review Board with some minor comments which staff has indicated
can be taken care of during the building permit stage. The project has
the support of the Housing Authority, the Ecumenical Association for
Housing and the San Rafael Housing Corporation. Mr. Foreaker mentioned
two unique aspects of the project that make an affordable housing.pro-
ject; small unit size, which means the construction cost per unit is low,
and the number of units per unit of land is relatively high, which means
the land cost per unit is low.
Architect James Ring gave a brief overview of the plans for the project,
indicating that the proposal is for two buildings separated by a bridge
over the City's storm drain channel,which the City wants to maintain open
in order to service the culvert that will be placed underground and will
match the culvert that goes down to the canal.
SRCC Minutes (Regular) 7/16/84 Page 4
SRCC Minutes (Regular) 7/16/84 Page 5
Mr. Foreaker then stated that the conditions which the staff has recom-
mended are satisfactory to them without exception. He also stated it
was his belief that the project is consistent with the City's General
Plan, irf.. that the site is designated as part of the Downtown Activity
Center, and the General Plan encourages affordable housing in the
Downtown Activity Center. He also indicated the site is con-
sistent with County policy inasmuch as they are taking advantage of
the 80/20 financing which the County has sponsored to encourage these
types of projects. He then requested approval of their project.
Mr. Patrick Bowen, 37 Latham Street, spoke in opposition to the project,
indicating that the lot is very small and that too many units are
being proposed in a residential area. He also complained about the
height of the project and the lack of privacy.
Mr. Aki Yoshida, of Latham Street, displayed a scale model of the project
in relation to other buildings in the area to show the Council how he
believes the project will destroy the entire privacy of the area.
Mr. Jim Crisp spoke, complaining that the traffic is already bad in the
area and that this project will just compound the problem, especially
the parking problem. He indicated he would prefer a commercial building.
Councilmember Frugoli indicated there would be more traffic generated
with a commercial office building on the site.
Mr._Brvan Calouette spoke indicating his concern about the density and
the traffic problems the project will create, especially with visitors
to the units trying to find parking.
Peter Arrigoni, General Manager, Marin Builders Exchange, spoke in
favor of the project, indicating that rental units are needed in
San Rafael.
Por. Dick Blood-Bornholdt, representing the County Housing Authority, spoke
about the bond issue being put together to finance rental housing.
The main benefit is to deliver a below market interest rate, which in
turn reduces the cost of money thereby reducing the rents. It also
takes lower construction costs and reasonable land costs, and one way
to get reasonable land costs is through the density mechanism. The
affordable rents for 20% of the units will range from $300/400 for studioE
up to $500 for one bedroom units. These units will be affordable to
income ranges from $14,000 to $15,000 a year up to $20,000 to $24,000
a year.
Mrs. Yoshida spoke, urging the Council to consider the parking and
traffic problems, and indicatingthere are many children who live in
the area.
Mr. Hal Mackey, 11 Latham Street, indicated this project will double the
size of the neighborhood, and that he is opposed to the project.
There being no further comments, Mayor Mulryan closed the public hearing.
Councilmember Frugoli indicated his support for the affordable housing
project.
Councilmember Nave indicated his support for this project which is on
the peripheral of the neighborhood, with nothing on the south side. He
also mentioned that it meets the proper mix in the City's Housing Element.
Mayor Mulryan agreed that the project is a good one, but expressed con-
cern for the traffic flow and requested that any approval would have the
concept - a condition that Hayes Street be closed so that the traffic
effect would be minimized on Latham or the other streets.
Councilmember Russom stated that on balance, the project would be in
the best interests of the community and the neighborhood.
Councilmember Nave moved and Councilmember Frugoli seconded, to overrule
the denial of the Planning Commission.
Councilmember Breiner asked that the motion be amended to include asking
the Developers to work with the housing advocates'groups to try to get
financing so that the rentals would be in place longer than ten years.
SRCC Minutes (Regular) 7/16/84 Page 5
15.
16
SRCC Minutes (Regular) 7/16/84 Page 6
Councilmembers Nave and Frugoli agreed with the amendment as requested
by Councilmember Breiner.
Councilmember Frugoli also requested to include as part of the amend-
ment that the neighbors could work with the developer on the pros and
cons of closing off Hayes Street to reduce the traffic impact on the
neighborhood, with this aspect to come back to the Council at a future
date.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6870 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR
A 25 UNIT APARTMENT PROJECT AT 1606 THIRD STREET
AT HAYES STREET
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 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 C-2 (GENERAL COMMERCIAL) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT- (1606 Third Street at Hayes)"
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. 1492 to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE UEST BY BOARD OF SUPERVISORS FOR SUPPORT TO PLACE A 30 GAS TAX
ME SURE ON THE NOVEMBER 1984 BALLOT (CM) - File 9-4 x 8-10
Mr. Bob Stockwell, member of the County Board of Supervisors urged the
Council to support the request to place a 30 gas tax measure on the
November 1984 ballot.
Councilmember Frugoli indicated that the City is considering placing
a road tax measure on the ballot in November 1985, and stated this
current proposal would hurt San Rafael's measure in 1985.
Colonel Walter Filler, Irate Taxpayers of Marin representative, asked
the Council to vote in opposition to the Supervisors' request, as did
several service station owners.
After further discussion, Councilmember Breiner moved and Councilmember
Frugoli seconded, to deny the request to support placement of a 30 gas
tax measure on the November 1984 ballot.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Frugoli left meeting)
REPORT ON ALBERT PARK RENOVATION PROJECT (PW) - File 4-1-362
Public Works Director Bernardi's report indicated that as authorized
by the City Council, staff has worked with the engineering firm of
Rhodes and Gardner, Mr. Brian Wittenkeller, landscape architect, and
Mrs. Dolly Nave to prepare detailed plans for the Albert Park Ballfield
Renovation Project. The plans have been completed and Mrs. Nave has
been securing commitments from local contractors to perform various
items of work at no cost to the City. She has been successful to the
extent that approximately $70,000 must be expended by the City to com-
plete the project. The City has estimated the cost of the project -
if it were put out to bid - to be approximately $625,000.
SRCC Minutes (Regular) 7/16/84 Page 6
SRCC Minutes (Regular) 7/16/84 Page 7
Mayor Mulryan presented Dolly Nave with the first ever,Public `Yorks
project "Honorable Hard Hat" award in appreciation of all her hard
work in securing funds for this project.
Councilmember Breiner then moved and Councilmember Russom seconded,
to authorize the expenditure of budgeted Revenue Sharing funds in an
amount not to exceed $80,000 for the completion of the Albert Park
Renovation Project, with the addition that if there is $20,000 that
had been allocated to this project and is not ultimately needod, the
$20,000 be used for landscaping in other parts of Albert Park.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
(Councilmember Frugoli returned)
17. REPORT ON LEGISLATIVE ACTION RE LONG-TERM FINANCING OF LOCAL GOVERNMENT
AND CREATION OF PUBLIC FACILITY MAINTENANCE FUND (CM) - File 2-16 x 8-9x
8-5
City Manager Beyer indicated that the Legislature has passed compromise
legislation providing for long-term financing of local government. This
provides for the City receiving a full share of the motor vehicle in
lieu fees, loss of business inventory tax, a portion of the supplemental
subvention to ease the loss of the business inventory tax and receipt
of a portion of the supplemental collection of property taxes. The
estimated net gain for the 1984-85 fiscal year in revenue to the City
of San Rafael is $768,193.
During budget hearings,the City Council considered and briefly discussed
the concept of creation of a public facility maintenance fund, of which
some of the new revenues from motor vehicle in lieu fees would be used
for the creation of said fund. It is proposed that $250,000 be allocated
from these funds for the creation of this fund and a proposed expenditure
program of $165,500 be approved for the 1984-85 fiscal year for the
maintenance of some of the City's public facilities.
Councilmember Russom moved and Councilmember Breiner seconded, to
approve staff recommendation to adopt a Resolution creating the public
facility maintenance fund; with the Council amending the annual
operating budget when the budget Resolution is adopted, to include an
additional $165,500 for the projects as shown on Exhibit "A" attached
to the staff report.
RESOLUTION NO. 6871 - RESOLUTION ESTABLISHING A PUBLIC FACILITY
MAINTENANCE FUND (w/initial appropriation.- $250,000
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COTNC.TLMFMRFRS : Nnna
ABSENT: COUNCILMEMBERS: None
18. RESOLUTION ADOPTING THE 1984/85 BUDGET (Fin) - File 8-5 x 9-3-32 x 9-3-61
Councilmember Breiner requested reconsideration of the library book
budget.and the.possibility of taking $15,000 out of the Davidson bequest
interest.
After discussion, Councilmember Frugoli moved and Councilmember Nave
seconded, to place discussion of taking $15,000 out of the Davidson
bequest interest on the next agenda and that the Library Board be
notified.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Manager Beyer recommended adoption of the Resolution adopting
the 1984/85 budget with amendment as discussed in the previous item
relating to funds for the Public Facility Maintenance Fund in the
amount of $165,500.
Councilmember Breiner moved and Councilmember Nave seconded, to adopt
a Resolution adopting the 1984/85 budget, as amended.
SRCC Minutes (Regular) 7/16/84 Page 7
SRCC Minutes (Regular) 7/16/84 Page 8
RESOLUTION NO. 6872 - RESOLUTION ADOPTING THE FINAL BUDGET OF THE CITY
OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1984 -
JUNE 30, 1985 AND PROVIDING FOR THE APPROPRIATIONS
AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID
BUDGET (As amended)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then discussed the report on residential building
reports which was included as part of this item, and which she had re-
quested during the budget hearings held in June. She expressed her con-
cern with the process relating to record keeping concerning final in-
spections. Staff reassured Councilmember Breiner that if, in fact, a
final inspection has not been made on a particular piece of property,
a notation to that effect would be shown under Item 9. "Non -conformity
noted:" on the Report of Residential Building Record. There also is
a follow-up notification by mail process utilized on the inspections
that have not been finalized. On the larger safety issues, the City
does go out in the field for follow-up.
19. RE PEST FOR AUTHORIZATION TO PREPARE SPECIFICATIONS AND CALL FOR BIDS
ON REMODELING OF FIRE STATION N0, 1 AND POLICE DEPARTMENT (CM) -
File 4-1-371 x 9-3-30 x 9-3-31
Councilmember Frugoli moved and Councilmember Breiner seconded, to
approve staff recommendation authorizing staff to enter into an agree-
ment with Patrick Sullivan Architecture for development of specifica-
tionshand to call for bids for the remodeling of tFire Station No. b1
incluciedPin1HeDsRcsmort�.sran a��erna�ea�WoEvi encel5�orage SRAI.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. REPORT ON ADDITIONAL STOP SIGN AT GRAND AND BELLE AVENUES (PW) -
File 11-29
Councilmember Nave moved and Councilmember Russom seconded, to approve
the staff action which installed all -way stop traffic control at the
intersection of Grand Avenue and Belle Avenue. The change will
eliminate confusion and improve safety at the intersection.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1488 - 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 P -D (PLANNED DEVELOPMENT)
TO P -D (PLANNED DEVELOPMENT) DISTRICT FOR AMENDMENT TO SMITH RANCH
MASTER PLAN FOR SMITH RANCH HILLS MARIN (FORMERLY GALLINAS RETIREMENT
VILLAGE) (Pl) - File 5-1-290 x 10-3
Planning Director Moore noted that two corrections need to be made to
Exhibit "A" attached to the Ordinance. Applicant has requested that
language be changed at C.4.h. to remove the following at the bottom
of the page: "...not to receive any cash profit from Parcel 5B for a
period of ten years from the date of final City approval of that par-
cel's development." to read: "...that for the first ten years of
operations rental receipts (rents) will be adjusted upward or downward
so that the rents less all expenses, including mortgage payments
(principal and interest) and depreciation, shall result in no income
to the Joint Venture."
Councilmember Breiner expressed concern about adopting the Ordinance
as it related to the Development Agreement. City Attorney Muzio
pointed out that on page 2 of the Conditions, Condition 5.h.2, pro-
vision is that prior to environmental design review for the development
of the principal project, the developer must enter into a Development
Agreement which must be subject to City Council review and approval
before the applicant goes forward with his project.
SRCC Minutes (Regular) 7/16/84 Page 8
SRCC Minutes (Regular) 7/16/84 Page 9
Councilmember Russom requested that at the top of Page 3 of the
Conditions, the word "emergency" be left out so that the portion of
the sentence would read "be weighted in favor of City employes"
Councilmember Breiner pointed out that the word "be", in the fifth
line down from the top of page 3 should be changed to "the". Planning
Director Moore also asked that another typographical error be corrected
on Page 2, C.4.e - change "Two" story maximum building height. - to "Three"
story maximum building height.
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 P -D (PLANNED DEVELOPMENT) TO
P -D (PLANNED DEVELOPMENT) DISTRICT FOR AMENDMENT TO SMITH RANCH
MASTER PLAN FOR SMITH RANCH HILLS MARIN (Smith Ranch Road)".
Councilmember Nave moved and Councilmember 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. 1488 to print, as
amended, by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
22. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1489 - AMENDING
CHAPTER 2.04 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE TIME OF
CLOSED SESSIONS OF THE CITY COUNCIL WHICH ARE PART_ OF REGULAR MEETINGS
OF THE COUNCIL (CA) - File 9-1 x 9-1-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 2.04 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE TIME
OF CLOSED SESSIONS OF THE CITY COUNCIL WHICH ARE PART OF REGULAR
MEETINGS OF THE COUNCIL" (7:00 PM)
Councilmember Frugoli moved and Councilmember Nave seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1489 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1490 - AMENDING_
CHAPTER 2.08 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE
COMPENSATION OF THE CITY ATTORNEY - File 9-3-16 x 7-3-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 2.08 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE
COMPENSATION OF THE CITY ATTORNEY" ($2,400.00 per month)
Councilmember Nave moved and Councilmember Breiner seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1490 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. CONSIDERATION OF POLICY RE BELOW MARKET RATE HOUSING FOR CITY
EMPLOYEES (Pl) - File 9-1-2 x 13-16
Councilmember Russom had requested information about the City estab-
lishing a program to assist City employees in securing housing in
San Rafael. After briefly discussing the report presented by Planning
Director ::;oore, Council acc,,p6eu rcPux`t without motion ana agreed that
staff should proceed with further investigation with staff to coordinate
meetings with employees.
SRCC Minutes (Regular) 7/16/84 Page 9
SRCC Minutes (Regular) 7/16/84 Page 10
25. STATUS REPORT ON NORTHGATE ACTIVITY CENTER PLAN (Pl) - File 10-2 VI x 8-5
26.
Planning Director Moore briefed the report, indicating that as far
as approvals are concerned,since the plan was adopted in the fall of
1982, a substantial proportion of the development authorized within
the City limits has been approved; a lesser amount of that has been
or is under construction, with the majority of that within
the Lucas Valley/Smith Ranch Road Interchange tributary area, partic-
ulary the Smith Ranch area. We are reporting to you on the progress
being made with transportation improvements. The City has been success-
ful in implementing, upon the Council's direction, any and all Federal
and State money available for improvements in the area, and we have
secured State Transportation commitments, STIP authorization for both the
Merrydale Overcrossing,(a portion of that), and a direct northbound on-
ramp at Freitas Interchange. A monitoring program is a very important
part of the implementation program so that the City can continue to
validate the traffic projections that have been relied upon and actually
test to see if projects that have been constructed are performing
according to the traffic analyses that were done. The validation
process will be commencing shortly, as Fall is a good time to do the
testing on the streets. Lastly, some minor modifications will need
to be made to the Northgate Activity Center Plan because of the County's
review of the Northgate Activity Center Plan. Additionally, there are
private property owner/developer proposals being discussed at the
present time that would involve amendments to the Northgate Activity
Center Plan; specifically those for Smith Ranch Airport, amendments
to the approved Civic Center North project, as well as Daphne/Baccioccio
property currently in the County. There is an application pending for
annexation and pre -zoning that also would allow land uses different
from assumptions that were made at the time the Northgate Activity
Center Plan,was presented.
Upon questioning by Councilmember Breiner about the Lucas Films area,
Ms. Moore indicated they are monitoring that project; however it is
beyond the eastern urban corridor, and the County's position is that
only projects in the eastern urban corridor would be subject to traffic
mitigation fees., and that Lucas Films is not in an area tributary to
the Northgate Activity Center Plan.
Mayor Mulryan asked staff to discuss this policy further with the County,
as the Council does not agree with this interpretation.
Councilmember Russom expressed concern about the fact that the City is
being faced with major proposed developments, such as the Smith Ranch
Airport and the increases that are being talked about at Civic Center
North when the City's plan has already been exceeded with respect
to traffic and build -out. He urged that Council act on staff's request
for $5,000 to update the traffic data within the area, to assist
Council with consideration of upcoming proposals in the Northgate area.
Councilmember Breiner moved and Councilmember Russom seconded, to
accept the report and approve staff's recommendation to appropriate
$5,000 to update the traffic data within the Northgate area.
AYES: C0UNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan thanked Planning Director Moore for a good report.
STATUS REPORT ON COUNTY REVIEW OF NORTHGATE ACTIVITY CENTER PLAN (P1) -
File 10-2 VI
After discussing the report, Council accepted report and authorized
Planning Director to represent City at County Planning Commission meet-
ings regarding the Northgate Activity Center Plan, including the question
of Lucas Films traffic.
Councilmember Nave again urged that the Council look toward lowering
the mitigation fees.
Councilmember Breiner urged staff to bring back to the Council a policy
similar to that of the County re endorsement of the concept of Transit
Systems Management programs (TSM's) which are creative and enforceable,
but provide no density bonuses for TSM programs.
SRCC Minutes (Regular) 7/16/84 Page 10
27.
SRCC Minutes (Regular) 7/16/84 Page 11
CONSIDERATION OF OFFER OF DEDICATION OF MINI -PARK AT GROVE HILL (Pl) -
File 2-1-72 x 5-1-269
As part of the Grove Hill project, the developer proposed the dedica-
tion of a 6,000 sq. ft. "pocket park" located at the Fifth Avenue
entrance to the open space trail. The park has been designed as a
low maintenance visual amenity which would cost the City under $5,000
a year in additional maintenance costs, and was added to the recently
adopted Recreation Element.
RESOLUTION NO. 6873 - RESOLUTION OF INTENT TO ACCEPT THE GROVE HILL
"POCKET PARK" AS A PUBLIC FACILITY
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
STATUS REPORT ON TIMING OF DOWNTOWN HOUSING SURVEY (P1) - File 115
Council has requested information about surveying residential land
uses downtown, with staff completing a survey and making parcel -
specific recommendations for existing downtown residential uses.
The recommendations would include detailed information and findings as
to whether a particular existing downtown residential land use should
be preserved or could be converted or demolished, including possibility
of off-site housing mitigation programs which the City could require.
After discussion, Councilmember Breiner moved and Councilmember Nave
seconded, to authorize staff to proceed with the Downtown Housing
Survey using the City's Housing Specialist, Jeff Baird.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. CONSIDERATION OF REQUEST BY LODGE LANE HOMEOWNERS ASSOCIATION TO ENACT
AN ORDINANCE WHICH WOULD ALLOW POLICE ENFORCEMENT ON A PRIVATE STREET
(PD) - File 11-1 x 9-3-30
Police Chief Ingwersen informed Council that the problem apparently
is a parking problem, and Section 22658 California Vehicle Code, allows
the homeowners association, after appropriate signing of the area, to
remove illevally parked vehicles.
Councilmember Nave moved and Councilmember FruRoli seconded, to denv
request to enact an Ordinance which would allow Police enforcement on
a private street, and instructed Citv staff to work with the Lodve Lane
Homeowners Association to implement their own enforcement prozram as
allowed under section 22658 of the California Vehicle Code.
AYES: COUNCILMEMBERS: Breiner, Fruffoli, Nave, Russom & Mavor Mulrvan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
30. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council unanimously agreed to:
Oppose AB 3108 (Robinson) State Funding of County Trial Court Costs.
Support AB 2648 (Costa) Subdivision Dedication
Accepted report on AB 469 (Campbell) Community Care Facilities: Licensing
Public Agencies
The Council adjourned to their next regular meeting on August 6, 1984.
JEA �tLEX erk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 7/16/84 Page 11