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HomeMy WebLinkAboutCC Minutes 1984-08-06SRCC Minutes (Regular) 8/6/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, August 6, 1984, at 3:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Absent: Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk, Stewart R. Andrew, Assistant City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: REQUESTS FOR AFFORDABLE HOUSING - File 13-16 (Verbal) Ms. Lisa Tollby, 142 Clark Street, #4, indicated her rent has been raised $300 since September 1983, and stated that she is being unfairly harrassed by the manager of the apartment complex. Another resident complained about the condition of the buildings re drainage problems. A resident from 1811 Lincoln Avenue also complained about exorbitant rent increases, all attributed to the same landlord; P. Andersen. Mayor Mulryan advised speakers to check with both the County Mediation Services and the County Health Department for help in solving their problems. PRESENTATION OF PROPOSED RENT CONTROL ORDINANCE - File 9-4 Coleman Persily presented a proposed Rent Control Ordinance and requested that the item be agendized. Mayor Mulryan indicated staff would review the proposed Ordinance and then place it on the agenda at a future meeting.for discussion. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 1. Approval of Minutes of Regular Approved as submitted. Meeting of June 18, 1984 and Special Meeting of June 19, 1984 (CC) 2. Agreement Between City and Equitec RESOLUTION NO. 6875 - AUTHORIZING for Completion of Scettrini Drive THE SIGNING OF AN AGREMENT WITH Improvements (PW) - File 4-10-183 x EQUITEC/TIBURON FOR SCETTRINI DRIVE 2-2 WIDENING, SAN RAFAEL, CALIFORNIA 3. Acceptance of Grant of Right -of -Way - RESOLUTION NO. 6876 - ACCEPTING 24 Professional Center Parkway (PW) - CONVEYANCE OF STREET RIGHT-OF-WAY, File 2-2 24 PROFESSIONAL CENTER PARKWAY, SAN RAFAEL, CALIFORNIA (From Bijan and Biganeh Madjlessi) 4. Bid Opening and Award of Contract for Emergency Power Systems for Francisco Blvd. East & Third Street Storm Pumping Stations - Project No. 01-198888 (PW) - File 4-1-368 x 8-5 5. Bid Opening and Award of Contract for Power System for Kerner Blvd. Storm Water Pump - Project No. 21-2198987 (PW) - File 4-1-367 x 8-5 RESOLUTION NO. 6877 - AWARD OF CONTRACT (To Valentine Corporation, low bidder, in amount of $244,444) and amending the 1984-85 budget to provide $250,000 to fund the projeci from General Fund reserves ($5,556 to be budgeted for contingencies). RESOLUTION NO. 6878 - A►IARD OF CONTRACT (To East Bay Electric, low bidder, in amount of $101,250 and amending the 1984-85 budget to pro- vide $19,000 for the City's share o: the project from General Fund re- serves ($12,250 for installation an( $6,750 for contingencies). SRCC Minutes (Regular) 8/6/84 Page 1 SRCC Minutes (Regular) 8/6/84 Page 2 6. Request for Authorization to Apply RESOLUTION NO. 6878 - AUTHORIZING for San Francisco Foundation Grant STAFF TO APPLY FOR SAN FRANCISCO for Sculpture at Falkirk (Lib/Cult FOUNDATION GRANT FOR JOHN ROLOFF Aff) - File 194 x 9-2-24 SCULPTURE ON THE FALKIRK GROUNDS 9. Claim for Damage - Margaret Callahan, Approve George Hills Co., Inc. File 3-1-902 (PW) recommendation for denial of claim. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 7. CC83-16 - CERTIFICATE OF COMPLIANCE FOR UNDEVELOPED LOT OF 9;600 SQUARE FEET, LOCATED AT 344 PROSPECT DRIVE (P1) - File 10-2 Mayor Mulryan asked that this item be removed from the Consent Calendar for clarification of procedure, Associate Planner Nibbi discussed item. Councilmember Breiner indicated that this particular lot is very steep and that there have been severe slides in the vicinity; she stated it would not be in the City's best interest to issue a Certificate of Compliance. She also requested that staff provide a history of the lot merger changes over the last several years that have come from the State. After further discussion, including comments from Bryan McCarthy, Attorney representing Mrs. Alice Schaeffer, owner of the parcel, Council - member Frugoli moved and Councilmember Nave seconded, to approve staff's recommendation as presented in the staff report and directed staff to issue a Certificate of Compliance for AP 11-041-32. AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom 8. APPROVAL OF VEHICLE REPLACEMENT LIST (CM) - File 9-3-80 x 9-3-12 Mayor Mulryan asked that this item be removed from the Consent Calendar to clarify whether the Fire Department really needed to replace the 1958 Van Pelt Fire Truck. Fire Chief Marcucci indicated that this piece of equipment was needed for the safety of the City, as it was used as the primary reserve unit. Councilmember Breiner moved and Councilmember Frugoli seconded, to authorize staff to go out to bid on all vehicles listed on the Vehicle Replacement List; staff to report back to Council for award of bid prior to each purchase. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom (Mayor Mulryan then stated that Item 12., which is a public hearing, would be taken out of order and discussed next.) 12. PUBLIC HEARING - UP83-64 & ED83-78 - APPEAL OF PLANNING C0MMISSION DENIAL FOR SECOND FLOOR ADDITION TO NAUTILUS HEALTH CLUB; 734 "A" ST.; EVELYN DIAMOND, OWNER; D. HUGH GREGORY COLEMAN & GARY T. RAGGHIANTI, APPELLANT & REP.; AP 13-012-22 (Pl) - File 10-5 x 10-7 Mayor Mulryan opened the public hearing and continued item to meeting of August 20, 1984, due to lack of a quorum because of potential con- flicts of interest on behalf of Councilmembers Breiner and Frugoli, due to property ownerships. (Councilmember Russom will be back from vacation for August 20th meeting). 10. PUBLIC HEARING - PEACOCK GAP IMPROVEMENT DISTRICT: (PW) - File 6-37 a. RESOLUTION CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE; PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT; AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY b. RESOLUTION AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACTS FOR MAKING OF IMPROVEMENTS IN CITY OF SAN RAFAEL C. RESOLUTION CERTIFYING NEGATIVE DECLARATION SRCC Minutes (Regular) 8/6/84 Page 2 SRCC Minutes (Regular) 8/6/84 Page 3 Mayor Mulryan declared the public hearing opened. Mayor Mulryan asked staff to comment on the question of what kind of power poles will be installed at the completion of the project; whether they will be wooden poles or "state of the art" aluminum poles, some- what like the ones presently in place. Lloyd Strom, Land Development Engineer, Public Works Department, indicated he could not fully respond to the question at this time since the City has not had any design pre- pared by PG&E yet. He indicated that under the project, the current poles would have to be relocated and as the lines that are going out there are not major transmission lines and unless we work with PG&E, they would probably install wooden poles. Mr. Strom then.gave a brief overview of the background on the Assessment District, and indicated he would like to make two major comments: First is the increase in the Engineer's fee which the Engineer requested. This stems from the fact that initially, in starting this Assessment District, they had plans prepared by another Engineer which were felt to be fairly complete for San Pedro Road and one of the interior sub- divisions. After a thorough review, it was found that an extensive amount of work had to be done relating to certain geotechnical aspects of the project, the design of a pump station, etc. It was on this basis that an increase in fees has been requested. Second, a $150,000 item has been added to construct a water line,on the north end of the State Park, which is on San Pedro Road near Buck's Landing in Santa Venetia, as part of the agreement between the property owners within the Assessment District and the State Park to obtain an easement to construct a water tank. They have agreed to extend a public water line from approximately Buck's Landing to the north property line of the State Park and will run a private line into the campground at the northerly end of the Park. Basically, they are trading the con- struction of that water line for the easement. The property owners had all agreed to this and the State has sent a letter stating it will grant the easement. Mr. Strom stated that the work that has been put out to bid doesn't include that water line, but the amount is entered into the Engineer's report, and there would be a subsequent project that would be let out to bid probably the first part of the year. Mr. Strom indicated that the Resolution Confirming Assessment and Ordering Improvements to be Made would include the increase in the Engineer's fees and the $150,000 for constructing a water line. The next item for Council action is to adopt the Resolution Authorizing the Award of Construction Contracts. He stated that the work is broken down into four separate contracts; one for the water -tank on State Park land, the low bidder Ghilotti Brothers; a project for the two interior subdivisions, the low bidder Maggiora & Ghilotti; San Pedro Road improvements, the low bidder Ghilotti Brothers; con- struction of offsite water mains, the low bidder Maggiora & Ghilotti-. The next action would be to certify the Negative Declaration for the San Pedro Road Project. The Negative Declaration for the remainder of the construction contracts here has previously been approved, but it was circulated to address all of the specifics of the design. As a result of circulating the Negative Declaration there were two major comments; (1) the undergrounding of utilities which was not included since it was not originally covered in the Neighborhood Plan or EIR. It is not within an underground utility district and no Rule 20 funds are available to do this work; and (2) to include landscaping on San Pedro Road, especially from Cantara to Biscayne. Staff is asking for authoriz- ation for a Change Order to Construct Landscaped Islands. The last item would be to authorize the change in the Engineer's fee and to instruct the Bond Counsel to prepare an amended agreement. Lynn Sedway, a consultant for the School District, stated that it was her understanding that the School District would be compensated for the park in the same manner other property owners were being compen- sated, and wanted it in the record chat the Schooi District is in complete support of the Assessment District, but would like to be con- sidered for compensation of the park if at all possible. SRCC Minutes (Regular) 8/6/84 Page 3 SRCC Minutes (,.�gular) 8/6/84 Page 4 Mr. Ray Murphy, a representative of the engineering firm working on the project, asked to respond to Lynn Sedway's request. At a meeting held a long time ago -on this issue, the School District was represented by William Bielser. The small, local neighborhood park to be dedica- ted to the City is in connection with the development of the School District property. It was concluded that this park was of benefit only to the new lots to be created. At that time Mr. Bielser's feeling was that he did not want the land to be further encumbered by a debt con- sisting of the acquisition value of this property, so it was decided not to consider it further in this proceeding. It would have been possible to include a value for this land if the School District had desired it, but at this time it is too late. Mr. Bob Erdwell, a Peacock Gap homeowner, stated he finds alot of fault with the drainage and water problem in his area. He felt that the Negative Declaration would expose the people in the area to the possibility of geological hazards such as mudslides, earthquakes, etc. He feels that the drainage patterns will change and that the increase in runoff will go into the lagoon. If the pump stations go off during a storm, then the homes will be in grave danger of flood- ing, as they were within eight inches of flooding during the last big storm. He was concerned that the flapgates would not be able to prevent backflow, and that they would only be effective if kept con- stantly clean and free from debris. He felt that in order to keep the water down in the lagoon under storm conditions and when the power is off, another generator must be used. He also proposed that all new inlets have catch basins. Mr. Ray Murphy responded to Mr. Erdwell's comments. He stated that the drainage provided on this project constitutes a silting basin which allows for siltation, precipitation, sediments, etc., before it gets down to the existing lagoon. The major runoff occurs after all the areas have been saturated with previous rains. At that point the remaining water will run into the lagoon. This present state will not change that condition. Thus, the current status of the lagoon will not be changed, but if anything, improved by removal of additional sediments. Mr. Bob Winkler spoke in support of the staff report and recommenda- tions. He additionally recommended that PG&E be consulted and that if overhead lines must go in, that they be modern, aluminum standards. He requested that a diesel -powered generator be considered to keep the two pumps going to keep water down in the lagoon in case of flooding. Mr. John Shook, a Peacock Gap resident, expressed his desire to have underground utilities along the San Pedro Road. He also said that the Environmental Impact Report indicated that in making the improve- ments along San Pedro Road, perhaps some unstable earth conditions would result. As his home is on a hill, and the plans call for cut- ting into that hill and constructing a four foot wall, he expressed concern that the hill would slide out from under his home. He wondered who would be liable if that occurred. Ms. Lillian Dryer, a Peacock Gap resident, concurred with Mr. Shook's statements about unstable earth conditions and undergrounding the utilities. She said her property is adversely impacted at the pre- sent time with lights from passing cars shining into her home and feels that if the road level is raised it would become worse. She also expressed her concern about the noise from traffic on San Pedro Road at the present time and indicated it would be worsened by raisinL the roadway level as proposed. Mr. William McNew, of 225 San Marino Drive, expressed his displeasure with the proposed improvements with San Pedro Road, suggesting that the widening of the roadway will turn it into a speedway and that it will not be an aesthetic improvement to the area. Ms. Mary Carpou, of the Board of Directors of the Peacock Gap Home- owners Association, stated that the Association is in support of the Assessment District and the improvement of the road. She said that she and other members of the Development Committee met with the Pub- lic Works Director and the Associate Planner on the points in the Negative Declaration. She stated the lagoon has always been a. problem with the floor of the lagoon rising from a depth of fifteen feet to a depth of six feet due to the siltation. She was dismayed to find that their concerns on this were not heeded and changes made in the SRCC Minutes (Regular) 8/6/84 Page 4 SRCC Minutes (i,�gular) 8/6/84 Page 5 report as was their understanding at the end of the meeting with Dave Bernardi and Jean Freitas regarding the Negative Declaration. She stated that permanent flapgates are needed to protect those homes surrounding the lagoon. Lloyd Strom responded to some of the concerns expressed by the speakers. First of all, he stated that before the Council tonight is the Nega- tive Declaration for the San Pedro Road improvements. He also reported that the Negative Declaration states that 18% of the total increase in runoff would go into the lagoon and the rest would go into the existing marsh. Regarding siltation, the only portion of this project that will be running into the lagoon would be up between Cantera and Biscayne. A siltation pond, which is being constructed as part of the Peacock Manor project, has a temporary bypass through it so that all the water coming off the San Pedro Road project will be treated in the siltation pond, until full growth gets established. Mr. Strom addressed the concerns over the flapgate by stating that there is an existing pipe that runs from the church property to the marsh. A flapgate will be installed there so that when the water level rises up in the marsh, it will close off that pipe to protect the church property and the church property would overflow into a pipe that would take it into the lagoon. Eventually when that property is filled and developed, that is the natural area where that property would drain to. Mayor Mulryan closed the public hearing. Mayor Mulryan recommended that consideration be given, as part of the discussion, to contacting PG&E with respect to the light standards. He also would like consideration to be given to the possibility of undergrounding utilities when the other section is developed. Councilmember Breiner asked that consideration be given to land- scaping the islands on San Pedro Road. She suggested that cobblestones might keep the cost down in terms of maintenance. She feels that more attention needs to be paid to the lagoon and problem of siltation. Perhaps dredging should be considered. RESOLUTION NO. 6880 - CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS TO BE MADE: PROVIDING FOR NOTICE OF RECORDING OF ASSESSMENT: AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ,Russom RESOLUTION NO. 6881 - AUTHORIZING THE AWARD OF CONSTRUCTION CONTRACTS FOR THE MAKING OF IMPROVEMENTS IN CITY OF SAN RAFAEL, PEACOCK GAP IMPROVEMENT DISTRICT AYES: COUNCILMEIMERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 6882 - CERTIFYING PEDRO ROAD DISTRICT) Frugoli, Nave & Mayor Mulryan A NEGATIVE DECLARATION FOR POINT SAN IMPROVEMENTS (PEACOCK GAP IMPROVEMENT AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom 11. PUBLIC HEARING U.P.84-29 - APPEAL OF PLANNING COMMISSION DENIAL OF SKATEBOARD RAMP: 863 PATRICIA WAY: LOU OTANEZ, OWNER AND APPELLANT: WILLIAM T. BULLAR'0' JR., REPRESENTATIVE: AP 165-083-21 (P1) - File 10-5 x 10-6 Mr. Len Nibbi, Associate Planner, reported that on March 28, 1984, the Building Inspector placed a stop work order on the construction of a skateboard ramp at 863 Patricia Way. Following this, the owner requested use permit approval. On April 25, 1984, the Zoning Adminis- trator heard the request and, after hearing extensive testimony regarding the ramp, he denied the use permit based on findings that the SRCC Minutes (Regular) 8/6/84 Page 5 SRCC Minutes (Regular) 8/6/84 Page 6 ramp would result in a significant reduction of the privacy of the downhill residents and that the use would result in noise over and above that typically found in a single family area. On May 29th, the Planning Commission heard the appeal. The Appellant's attorney stated three grounds for the appeal: (1) There is no clear authority for the City's use permit requirement. (2) If the structure is subject to dis- cretionary review by the City, it is subject only to design review. (3) The alleged adverse impacts generated by the skateboard ramp are either speculative, trivial or can be adequately mitigated. Mr. Nibbi stated that in the staff report staff has noted that under the General Provision of the Zoning Ordinance it specifically allows parks and play- ground uses within residential districts by use permit. This permit process was chosen to provide the applicant with an opportunity to have the use heard by the City. A stricter interpretation of the Zon- ing Ordinance could conclude it is neither a permitted nor conditional use. With regard to statements that the impacts are spectulative, staff noted that the Zoning Administrator's decision relied in part on the adverse experiences in other communities. On May 29th the Commission heard testimony from those in favor and against the use permit. In addition many letters and petitions against the use were submitted. The Commission continued the meeting in order to view a similar skate- board ramp in the Mont Marin area. On June 12th Commission denied the appeal and upheld the Zoning Administrator's decision. The Commission concluded that although the existing ramp was smaller than the pro- posed ramp, the noise generated by the use was annoying, and that the make-up of the neighborhood was significantly different in each case, specifically that the neighborhood in the proposed area strongly opposed the use. Mr. Nibbi stated that the appeal before the Council basically cites the same grounds of appeal that were presented before the Planning Com- mission. Staff concluded and the Commission, in effect, concurred that the ramp is not an accessory improvement or use normally incidential to a single family residential use, and should be reviewed pursuant to Section 14.75.020e of the Zoning Ordinance. The Commission relied upon a review of the submitted plans, field checks of the site and adjacent properties, the adverse experiences of other communities with similar skateboard ramps and a field check of an existing ramp. Mr. William T. Bullard, Jr., attorney for the appellants, spoke in favor of the skateboard ramp. He stated that the decision before the Council is whether or not the proposed use should require a use permit. He felt that the section of the Zoning Ordinance the Planning Department was applying to this particular use is inappropriate and that the ramp would be more in line with a private recrational use such as a swimming pool or trampoline, which do not require use permits. ode said the Otanez family has made many attempts to work with authorities to get this installed in a public park, however,County Counsel has advised that because of public liability, it is not advisable to install a skate- board ramp in a public park. Mr. Bullard then reported that the Otanez family would agree to a limited use permit for a limited duration (two to three months) to prove it will not affect the neighborhood. They will reduce the dim- ensions to the ramp in Mont Marin. They will. allow staff to recommend the siding and screening so that it is not visually apparent to the downhill neighbors. They will agree to use acoustic materials when they build it. They will limit the hours of use from 3:30 - 6:30 p.m. Monday through Friday and from noon to 5:00 p.m. on weekends. They would limit the number of persons in the yard to use the ramp. Mr. Otanez would obtain additional insurance coverage. Mr. Doug Luce, resident of Terra Linda, spoke in favor of the skate- board ramp. His reasons for support are (1) that the noise level generated would be similar to that of a backyard swimming pool and (2) that the hours of use would be restricted. Mrs. Heather Otanez, asked that the Council overturn the Planning Commission's denial of the ramp. She explained that they have met with County officials regarding placement of a ramp in a public park, but that there was not enough money to support or maintain one. She stated that they are trying to find a way to have the children to practice skateboarding in a safe environment. She stated that the neighbors in support of the ramp are about equal with the opposing neighbors. SRCC Minutes (Regular) 8/6/84 Page 6 SRCC Minutes (i,jgular) 8/6/84 Page 7 Mr. Chuck Maisel, a Terra Linda resident, showed an audio-visual of the skateboard construction on Patricia Way to allow the Council to see the view of the ramp from the downhill side and all angles, as well as showing the ramp built in Mont Marin, as well as to demonstrate the noise level. The presentation was in support of the ramp. Mrs. Marilyn Boes, of 120 Twelve Oak Hill Drive, stated that her two sons built the ramp themselves that is presently in her back yard. She stated that she and her neighbors are very happy with the ramp because her children and their friends are there in tine yard and not out where they can get into trouble. She said the swimming pool in her yard creates more noise than one person on the skateboard. Mr. Lou Otanez, reiterated the comments made by others in support of the ramp. Mr. Greg Otanez explained to the Council how he and his friends came to build the ramp. He stated that they have spent long hours and put alot of effort into doing something positive and feels he should be allowed the freedom to continue. Mr. Steve Carroll, a Terra Linda resident, expressed his support for the skateboard ramp. He indicated that due to the slope of the Otanez's yard, virtually anything they built in the yard would be seen by the downhill neighbors. Mr. Gary Ragghianti, attorney, spoke representing the Montqomery familv,who lives directly below the Otanez family. He displayed photographs of the view of the skateboard ramp from the Montgomery's house. He stated that he feels the noise generated from a skateboard ramp is constant, not intermittent like that from a swimming pool. He quoted comments from others who objected to the noise emanating from the ramp. Mr. Ragghianti mentioned that a portion of the skateboard ramp rests on a public easement. He stated that by allowing the construction of a skateboard ramp on the property, it would be setting a precedent, as at the present time no other skateboard ramp exists in the City limits. He asked that the Council deny the appeal and uphold the Planning Commission decision. Mr. Walter Press, of 784 Las Colindas Road, stated that there were a greater number of people against the construction of the skateboard than supporting it. He said the real issue is whether or not a prop- erty owner should be allowed to do something on their property that would adversely affect others in the neighborhood. Mayor Mulryan closed the public hearing. Councilmember Breiner stated that although the Otanez's have gone to alot of trouble to construct the ramp, it would have been beneficial to take a poll from the neighbors before construction. It was her feeling that the noise level must be considered and that the ramp is not in the best interests of the neighborhood. Councilmembers Frugoli and Nave both agreed that the skateboard ramp would cause a problem with the neighbors and that it would not be an appropriate use for the area. Mayor Mulryan indicated that if the use would be temporary, the hours would be limited and the construction of the ramp would be of acoustical materials, he would be in favor of allowing the ramp in order to see if, in tact, it would work out. Councilmember Breiner moved and Councilmember Frugoli seconded, to uphold the Planning Commission's decision and deny the appeal. AYES: COUNCILMEMBERS: Breiner, Frugoli, and Nave NOES: COUNCILMEMBERS: Mulryan ABSENT: COUNCILMEMBERS: Russom SRCC Minutes (Regular) 8/6/84 Page 7 SRCC Minutes (Regular) 8/6/84 Page 8 PUBLIC HEARING 13. Z83 --6(b) - ZONING AMENDMENT FOR MEADOW OAKS CONDOMINUM PROJECT: 54 SAN PABLO AVENUE: BARRATT NORTHERN CALIFORNIA, INC., OWNER: RONALD B. SIMPKINS AND ASSOCIATES, INC., REP.: AP 179-321-08 AND 11 (Pl) - File 5-1-275 x 4-13-70 x 10-3 A. MEADOW OAKS BELOW MARKET RATE AGREEMENT (Pl) B. FINAL MAPS FOR 48 UNITS OF MEADOW OAKS 140 UNIT CONDOMINIUM PROJECT (PHASES I, II) (PW) Mr. Len Nibbi, Associate Planner, stated that this was a Master Plan amendment for the Meadow Oaks on San Pablo Avenue. The City Council reviewed the project in June 1983. The applicant is proposing an amendment to the Plan to revise 32 of the one bedroom units to two bedroom units, changing the square footage from 530 - 686 for those units. These changes do not affect the site grading, drainage, lay- out, landscaping, recreation facilities, open space configuration or traffic generation. Mr. Nibbi reported that on July 10th, the Plan- ning Commission approved the revised building design and recommended the Council adopt the revised Master Plan zoning. The Planning Com- mission also recommended approval of a revised below market rate unit agreement. That agreement, highly recommended by the Housing Authority, eliminates the extremely small below market rate units, which the Housing Authority has found difficult to market. The agreement also lowers the sale price of all the below market rate units so that they are now affordable to median income households. Staff recommends adoption of the agreement and the revised zoning. Mayor Mulryan opened the public hearing. A resident of the area asked if the City had any policy on dynamiting in the neighborhood. She said she had not been notified of blasting when it occurred in her neighborhood on a weekend. Mr. Lloyd Strom, Land Development Engineer, stated that when a grading permit is issued and there is going to be blasting, staff requires that they get a permit from the Fire Department. Mayor Mulryan closed the public hearing. RESOLUTION NO. 6884 - CERTIFYING THE PRIOR NORTHGATE ACTIVITY CENTER PLAN AND 1980 (QUAIL RIDGE ENVIRONMENTAL IMPACT REPORTS FOR REZONING OF 54 SAN PABLO AVENUE "MEADOW OAKS" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 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) DIS- TRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (54 San Pablo Avenue "Meadow Oaks")" Councilmember Frugoli moved and Mayor Mulryan seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1493 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 6885 - AUTHORIZING THE SIGNING OF A JOINT POWERS AGREE- MENT WITH BARRATT NORTHERN CALIFORNIA AND ANY SUCCESSORS IN INTEREST AND THE MARIN COUNTY HOUSING AUTHORITY REGARDING BELOW MARKET RATE UNITS AT MEADOW OAKS SRCC Minutes (Regular) 8/6/84 Page 8 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC Minutes (.L_--gular) 8/6/84 Page 9 Frugoli, Nave &Mayor Mulryan RESOLUTION NO. 6886 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MEADOW OAKS UNIT 1" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 6887 - APPROVING FINAL MAI' OF SUBDIVISION ENTITLED "MEADOW OAKS UNIT 2" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 6888 - ACCEPTING CONVEYANCE OF ADDITIONAL STREET RIGHT OF WAY, SAN PABLO AVENUE, MEADOW OAKS UNIT 1, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom Ms. Hazel Caldwell, a property owner at 6 Garden Avenue, said her tenants have complained about the dust and noise of the construction in the area. She stated she had spoken with Mr. Meeks of Barratt and the Project Engineer, Mr. Simpkins, as she is concerned about the drainage and the construction going on during the weekend and related dust problems. Staff stated that they are not supposed to be working on the weekends and it will be looked into. Ms. Caldwell also said she was concerned about the drainage and feels it should be looked -into now and not wait until the rains come. PUBLIC HEARING 14. ADOPTION OF UNIFORM FIRE CODE (FD) - File 1-6-4 City Manager Robert Beyer stated that this item is before the Council for an introduction of an Ordinance that would adopt the 1982 version of the Uniform Fire Code. The City has historically done this, and it has been reviewed by the Fire Department with the Builders Exchange and staff recommends adoption of the Ordinance. Mayor Mulryan opened the public hearing. Mr. Clifford Elbing,�a Fire Commissioner, said he had never seen a copy of the Uniform Fire Code. Fire Chief Robert Marcucci stated that he presented it to the Fire Commissioners at one of their meetings. Mayor Mulryan closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNI- CIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CON- DITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1494 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC Minutes (Regular) 8/6/84 Page 9 SRCC Minutes (Regular) 8/6/84 Page 10 15. CONSIDERATION OF REQUEST BY SUPERVISOR ROBERT ROUMIGUIERE TO CONTRIBUTE $34,888 TOWARD FACIL TY IMPROVEMENTS AT VALLECITO SCHOOL - File 4-13-71 x 8-5 City Manager Beyer indicated that Mayor Mulryan had requested that this item be placed on the agenda for consideration and that staff concurs there is need to help the Dixie School District; however, staff questions the priority of the high expenditure of $34,888, as requested, given the other needs of the City. Supervisor Bob Roumiguiere urged the Council to support this worthwhile project, indicating that the County Service Area #23 (Open Space District has elected to spend $113,000 remaining from open space bonds to improve Vallecito's athletic field, and the City's contribution of $34,888 would make this a City/County joint project, allowing completion of project. After further discussion, Councilmember Frugoli moved and Councilmember Nave seconded, authorizing expenditure of $34,888 from reserves toward facility improvements at Vallecito School. AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom RESOLUTION NO. 6889 - RESOLUTION AUTHORIZING THE SIGNING OF A JOINT• POWERS AGREEMENT BETWEEN THE COUNTY OF MARIN ON BEHALF OF COUNTY SERVICE AREA #23 RE CITY'S CONTRIBUTION OF $34,888 TOWARD THE CONSTRUCTION OF PARK FACILITIES WITHIN VALLECITO SCHOOL CAMPUS AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom (Mayor Mulryan left meeting) 16. STATUS REPORT RE GREATER EAST SAN RAFAEL TRAFFIC ANALYSIS (P1) - File 11-13 x4-3-119 x 11-16 x 171 City Manager Beyer indicated the staff report, as presented, brings the Council up-to-date on the work staff has been doing since December 1983. In response to a question by Councilmember Nave, City Manager Beyer indicated that the traffic analysis report should be completed by the consultant, JHK and Associates, in November 1984. Councilmember Frugoli moved and Councilmember Nave seconded, to accept report. AYES: COUNCILMEMBERS: Breiner, Frugoli and Nave NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom and Mayor Mulryan Councilmember Nave moved and Councilmember Frugoli seconded, to authorize staff to begin right-of-way acquisition discussions re interim improve- ments on Bellam. AYES: COUNCILMEMBERS: Breiner, Frugoli and Nave NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom and Mayor Mulryan Councilmember Nave moved and Councilmember Frugoli seconded, to authorize the Mayor to contact the California Transportation Commission re: timing of Highway 101/Highway 17 Interchange study. AYES: COUNCILMEMBERS: Breiner, Frugoli and Nave NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom and Mayor Mulryan 17. RECONSIDERATION OF PRACTICE OF USING $15,000 OF THE DAVIDSON BEQUEST INTEREST FOR LIBRARY BOOK BUDGET (CM) - File 9-3-61 x 8-20 City Manager Beyer briefed staff report, indicating that during the budget discussions and final adoption of the budget, the City Council requested that the issue of using some $15,000 in Davidson Bequest interest monies be re-agendized for Council consideration after so in- SRCC Minutes (Regular) 8/6/84 Page 10 SRCC Minutes ( gular) 8/3/84 Page 11 forming the Board of Library Trustees. The chart as shown in the staff report indicates the principal of $493,969 received in 1982, and the fact that some $163,215 has been generated in interest since that time. Councilmember Nave moved and Councilmember Frugoli seconded, to approve staff's recommendation to use $15,000 from the interest from the Davidson Bequest for the purchase of new library books. AYES: COUNCILMEMBERS: Breiner, Frugoli and Nave NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom and Mayor Mulryan (Mayor Mulryan returned to meeting) 18. 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 DEVELOP- MENT) 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 The title of the Ordinance was read: "ORDINANCE 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 Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1488 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Russom Councilmember Breiner asked that, for the record, a policy be established that if it is not possible to set up for zero cash flow (as a result of depreciation being included in the rental adjustment formula), then any positive cash flow should be utilized to further enhance the affordabilitN of the project. The joint venture agreement shall address that issue. Council agreed to this point, without motion. 19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1491 - 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 (530 Francisco Boulevard West) (McPhail's) (P1) File 10-3 x(R-227) The title of the Ordinance was read: "ORDINANCE 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 DEVELOP- MENT) DISTRICT (530 Francisco Boulevard West)" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1491 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom SRCC Minutes (Regular) 8/6/84 Page 11 SRCC Minutes (Regular) 8/6/84 Page 12 20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1492 - 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) (Pl) - File 10-3 x 10-5 x 10- The title of the Ordinance was read: "ORDINANCE 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 Breiner moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1492 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 21. STATUS REPORT ON CITY ACTION RE FLOODING IN THE CANAL AREA (PW) - File 12-9 x 12-10 City Manager Beyer briefed the staff report and indicated that the Council earlier this evening authorized awards of contracts for installa- tion of emergency power systems for three more emergency generators located at the Rossi Pump Station, the Kerner Canal Pump Station and Mosquito Abatement Pump Station. These generators are anticipated to be on-line by mid-November barring any delivery problems with the manu- facturer. Mr. Beyer also indicated the City has completed the parcel by parcel survey of the levee around the Canal, and staff has met with a number of people from the canal community two weeks ago to review the findings of that survey. Also, staff has been working with the Corps of Engineers in order to secure whatever funding -is. available to raise the levees and provide a permanent solution. The Corps of Engineers, after completing its preliminary Stage 1 Reconnaisance of the levee system adjacent to the Canal, is proceeding with the Stage 2 study that looks at various design solutions to the flooding problem. City Manager Beyer indicated there is a maximum of $4 million dollars avail- able for corrective work. Preliminary estimates by the Corps staff has indicated that the work will be approximately $15 million dollars. There may be the possibility of switching to a general investigation study which would provide between 65 and 850 funding; however, the Corps of Engineers staff has estimated it would take approximately seven years to reach the stage where a project would be viable. After discussion, Council accepted report, without motion. 22. CONSIDERATION OF PETITIONS REQUESTING CITY TO BEGIN DREDGING PROCEDURES IN THE SAN RAFAEL CANAL TO PREVENT FLOODING PROBLEMS IN EAST SAN RAFAEL (PW) File 12-10 x 12-9 x 8-5 City Manager briefed the staff report, indicating that the Corps of Engineers has indicated that the next scheduled dredging of the Canal is in 1986. One condition of this, however, is that the City of San Rafael provide a spoils disposal site by October, 1985. Mr. Beyer indicated that the City does not have a suitable site so far and staff is proposing that the City hire Mike Cheney to assist in finding a site. Allan Larkins spoke on behalf of the petitioners, indicating the property owners and business people in the Canal area want to do all they can to assist the City staff in their efforts to resolve the flooding problems. Dan Seright asked the City to authorize funds for further studies re flood control. He also asked Council to authorize staff to meet at least once a month with property owners and business people to keep on top of the problem. Mayor Mulryan indicated this was a reasonable request. SRCC Minutes (Regular) 8/6/84 Page 12 SRCC Minutes (Regular) 8/6/84 Page 13 After further discussion, Councilmember Breiner moved and Councilmember Frugoli seconded to approve staff recommendations: a) Authorized staff to negotiate a contract with Mike Cheney, who is familiar with the Federal and State requirements with regard to water based disposal sites, in an amount not to exceed $10,000; b) Directed staff to review those issues raised by the residents and report back within 90 days; c) By motion, amended the 1984-85 budget to provide funding from the General fund in the amount of $25,000; $15,000 for interim flood repair work and $10,000 for contractual services with Mike Cheney; d) Authorized staff to meet with residents and business owners at least once a month; and e) Mayor Mulryan to continue to work with federal representatives re steps to be taken re dredging. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 23. REQUEST FOR CITY FUNDING FROM: (CM) a. MARIN COUNTY MEDIATION SERVICES - File 13-16 x 8-5 Staff recommended that Council consider a contribution of $5,000 to the Marin County Mediation Services for fiscal year 1984/85, as the Mediation Services serve a large portion of San Rafael residents. RESOLUTION NO. 6890 - RESOLUTION AMENDING ADOPTED FY 1984/85 BUDGET TO PROVIDE ADDITIONAL APPROPRIATION OF $5,000.00 FOR DONATION TO MARIN COUNTY MEDIATION SERVICES AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom b. MARIN HOUSING CENTER - File 13-16 x 8-5 Staff recommended that Council consider a contribution of $1,000 to Marin Housing Center,as the Marin Housing Center provides transitional housing for families, the elderly and handicapped who have lost their housing; in addition, it also recently took over the administrative responsibilities of the Emergency Shelter. RESOLUTION NO. 6891 - RESOLUTION AMENDING ADOPTED FY 1984/85 BUDGET TO PROVIDE ADDITIONAL APPROPRIATION OF $1,000.00 FOR DONATION TO MARIN HOUSING CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 24. SELECTION OF PUBLIC LIABILITY CLAIMS/RISK MANAGER (CM) - File 4-10-184 x 9-6-1 Assistant City Manager Pam Nicolai's staff report indicated that Mr. Bill Benson, the City's claims adjuster, has left George Hills Company to work for Insurance Consulting Associates, Inc. (ICA). The City has received a proposal from ICA to provide liability claims administration at the same cost as our current contract with George Hills Company. Since we have had excellent service from Mr. Benson and he is very familiar with all of our open claims (approximately 100), staff is recommending changing the City's claims administration from George Hills Company as this change would avoid many of the transition problems associated with working with new personnel. Councilmember Frugoli moved and Councilmember Nave seconded, to direct staff to give the required 30 day cancellation notice to George Hills Company and adopt a Resolution authorizing execution of contract for liability administration with Insurance Consulting Associates, Inc. (ICA). RESOLUTION NO. 6892 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT WITH INSURANCE CONSULTING ASSOCIATES, INC., FOR LIABILITY CLAIMS ADMINISTRATION (Self -Insured Claims Management and Loss Control Consulting Contrac SRCC Minutes (Regular) 8/6/84 Page 13 SRCC Minutes (Regular) 8/6/84 Page 14 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 25. DESIGNATION OF VOTING DELEGATE AND VOTING ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (CM) - File 9-1 City Manager Beyer informed the Council that the City has been asked to designate its formal voting delegate and alternate to the League of California Cities Conference to be held in Anaheim, September 23 to 26, 1984. Council unanimously designated Councilmember Russom as the City's delegate and Mayor Mulryan as alternate. 26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Breiner moved and Councilmember Frugoli seconded, to approve staff recommendations to: Support SCA 23 (Ayala) Constitutional Protection for VLF; Oppose AB 790 (Elder) Disclosure Statements by City Officials; Oppose SB 1547 (L. Greene) State Approval for Local Public Buildings; & Oppose AB 2369 (Floyd) Local Employer -Employee Relations: Peace Officer Time Bank. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEP.MBERS: Russom The City Council adjourned to their next regular meeting on Monday, August 20, 1984. h JE6K M. LEO/N�,CIX , City Clerk APPROVED THIS DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 8/6/84 Page 14