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HomeMy WebLinkAboutCC Minutes 1984-11-05SRCC MINUTES (Regu ~�} 11/5/84 Page 1 - In Conference Room 201 of the City of San Rafael, Monday, November 5, 1984 at 7:00 P.M. Regular Meeting: CLOSED SESSION 1. Closed Sessibn to Discuss Litigation. No action was taken. In the Council Chambers of the City of San Rafael, Monday, November 5, 1984 at 8:00 P.M. Regular Meeting: Present: Dorothy L. Breiner, Acting Mayor Gary L. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Stewart R. Andrew, Assistant City Attorney ORAL COMMUNICATIONS -OF AN URGENCY NATURE ANNOUNCEMENT OF APPOINTMENTS TO FILL (3) VACANCIES ON THE PARK AND RECREATION COMMISSION- File 9-2-4 Acting Mayor Breiner announced that earlier in the evening at a Special Council Meeting, Patrick J. Webb had been reappointed to a 4 -year term and Martha P. Kearns and Dr. Richard D. Wolfe were newly appointed to fill the two existing vacancies on the Park and Recreation Commission. SPECIAL PRESENTATION 2. PRESENTATION OF RESOLUTION COMMEMORATING THE MEMORY OF CITY ATTORNEY PETER J. MUZIO - File 9-3-16 Acting Mayor Breiner requested that this item be postponed to the Council meeting of November 19, 1984. CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded to approve the recommended action on the following consent calendar items: Item 3. Approval of Minutes of Special Meeting of October 9, 1984, and Special, Special Joint and Regular Meetings of October 15, 1984 (CC) 4. Resolutions of Appreciation - a. Jeffrey Stahl -Park and Recre- ation Commission (Rec) - File 9-2-4 b. David N. Rawlinson-Police Advisory Commission (PD) - File 9-2-28 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 6953 - RESOLUTION OF APPRECIATION TO JEFFREY STAHL FOR EIGHT YEARS ON THE PARI{ AND RECREATION COMMISSION. RESOLUTION NO. 6954 - RESOLUTION OF APPRECIATION TO DAVID RAWLINSON AS A CHARTER MEMBER OF THE SAN RAFAEL POLICE ADVISORY COMMISSION SINCE JANUARY 1980. SRCC MINUTES (Regular) 11/5/84 Page 1 SRCC MINUTES (Regu- ') 11/5/84 Page 2 5. Property Acquisitions -Peacock RESOLUTION NO. 6955 - ACCEPTING Gap Improvement District (PW) - CONVEYANCE OF REAL PROPERTY - File 6-37 x 2-7-1 PROPERTY ACQUISITIONS -PEACOCK GAP IMPROVEMENT DISTRICT (as follows) 6. Resolution of Findings; Appeal of Handicapped Access Require- ments -1325 Fourth St. (PW) - File 13-1-1 7. Request for Approval of Agree- ment with Tiscornia Estate for Maintenance of Levee (PW) - File 4-10-186 1. Stuart R. Dole (Exhibit A) 32,600 sq. ft. widening of San Pedro Rd. (A.P. Nos. 184-030- 06, 07, 08 & 10). Cost:$82,000. 2. N.Y. Cal Industrial Corp. (Exhibit B) 4.1 acre park site - Cost: $370,000 3. N.Y. Cal Industrial Corp. (Exhibit C) 1,600 sq. ft. widening of San Pedro Rd. at Cantera Way -Cost: $3,000. 4. American Savings & Loan Association (Exhibit D) 2.9 acre park site-Cost:$260,000. RESOLUTION NO. 6956 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS -1325 FOURTH ST. RESOLUTION NO. 6957 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (WITH TISCORNIA ESTATE COMPANY FOR MAINTENANCE OF A PORTION OF THE SAN RAFAEL CANAL LEVEE.) 8. Sale of City Owned Property; RESOLUTION NO. 6958 - DETERMINING Junipero Serra Avenue; Planning THAT PRESERVATION OF CITY -OWNED Commission Recommendation to PROPERTY (AP 16-131-09) ON JUNIPERO City Council Re Consistency with SERRA AVENUE FOR PUBLIC NEIGHBOR - the San Rafael General Plan (Pl) HOOD OPEN SPACE IS CONSISTENT WITH File 2-10 THE SAN RAFAEL GENERAL PLAN 9. Request for Authorization to Apply for Institute of Museum Services Consulting Grant (Lib/Cult.Aff.) - File 9-3-61 10. Presentation of 1983 San Rafael Redevelopment Agency Annual Report (RA) - File 140 x SRRA-62 11. Award of San Francisco Foundation Grant to Falkirk Community Cul- tural Center (Lib/Cult.Aff.) - File 202 x 8-5 Approved staff recommendation for authorization to apply for Institute of Museum Services Consulting Grant, in amount of $1,000. 1983 Redevelopment Agency Report accepted. RESOLUTION NO. 6959 - ACCEPTING $40,000 GRANT FOR LITERARY PROGRAMM- ING AND CAPITAL IMPROVEMENTS FROM THE SAN FRANCISCO FOUNDATION, AND APPROPRIATING $13,400 TO MATCH FOUNDATION GRANT FOR CAPITAL IMPROVE- MENTS. 12. Transfer of Funds to the Business Approved staff recommendation, Improvement District (BID) (Fin) - accepting financial reports and File 183x8-14 authorizing Finance Director to release $7,512.98 to BID. 13. Applications for Requests for Leave to Present Late Claims: a. Jessee Hernandez (PD) - File 3-1-884 Approved Insurance Consulting Associates recommendatioi. for acceptance of request for leave to present late claim. b. Aetna Casualty & Surety Approved Insurance Consulting Co. (Insured: Thelma McAfee) Associates recommendation for (PW) - File 3-1-924 denial of request for leave to present late claim. 14. Claim for Damages-Jessee Hernandez Approved Insurance Consulting (PD) - File 3-1-884 Associates recommendation for denial of claim. SRM 1VTNTTTFS (R.Pum 1 a.r ) 11/5/84 PaLre 2 6RUC; M1NUTE6 (Regular) 11/5/84 Page 3 15. Salvation Army Air Rights RESOLUTION NO. 6960 - AUTHORIZING Agreement for Second Floor THE SIGNING OF A CONTRACT, LEASE OR Residential Uses; 350 Fourth AGREEMENT (with the Salvation Army St. (Pl) - File 4-10-187 regarding air space rights) 16. Closure of Portion of Fourth Approved staff recommendation, Street, Between Court and "A" authorizing closure of street on Streets, for Annual Parade of Friday, November 30, 1984 from Lights, November 30, 1984 (CM)- 6:30 p.m. to 9:00 p.m. for annual File 11-19 Parade of Lights. 17. Consideration of Parking Meter Approved staff recommendation, Holiday, Including Third and "A" declaring parking meter holiday Parking Structure, December 10-31, for all one and two hour meters and 1984 (CM) - File 11-18 the first two hours of parking in Parking Structure from 12/10 to 12/31, 1984. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SPECIAL PRESENTATIONS 18. PRESENTATIONS OF RESOLUTIONS OF APPRECIATION TO JEFFREY STAHL OF PARK AND RECREATION COMMISSION AND DAVID N. RAWLINSON OF POLICE ADVISORY COMMISSION - File 102 Acting Mayor Breiner presented Resolutions of Appreciation to Jeffrey Stahl, who served on the Park and Recreation Commission for eight years, and to David N. Rawlinson, who served as a Charter Member on the Police Advisory Commission from January 1980. 19. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 2114 FOURTH STREET (McDONALD'S) (PW) - File 13-1-1 Acting Mayor Breiner declared the public hearing opened. Director of Public Works Bernardi reported to Council on their request to have the applicant take another look to see if a solution could be possible in having a handicapped toilet constructed on the site. The applicant did the investigation and found three problems: a) The cost would be unreasonable in relation to the amount of work done under the original building permit; b) Existing space within the combined toilet room would not allow for complete accessibility; c) If only one toilet is provided, McDonald's would be in violation of the Uniform Building Code which requires that toilet rooms be provided for both sexes when the number of employees is four or more and both sexes are employed. Director Bernardi indicated that there does not appear to be a feasible solution, and recommended that Council grantthe appeal. Ms. Deborah Barrall, representative of McDonald's reiterated to the Council her concerns, adding that in checking with McDonald's construction department for alternative design, they could not offer any answer relating to their space problem that would be less costly. Ms. Barrall stated she agreed with Director Bernardi that the building permit was issued and accomplished prior to the Council hearing the matter. Ms. Barrall stated that in working with the City's Planning Department for 18 months in submitting a drive thru design, they were not made aware of a State law that they were to provide handicapped accessible bathrooms until July 27, 1984, two days after they were granted conditional approval of the use permit. Ms. Barrall also stated that it would have seemed fairer if this matter had been brought to their attention when they were considering whether a drive through addition was feasible. She stated the cost for the handicapped bathroom would be $30,000 which is unreasonable and a hardship for McDonald's physically, monetarily and legally. Acting Mayor Breiner asked whether: 1) A separate facility could be built for the handicapped; 2) McDonald's advertises handicapped accessibility; 3) McDonald's would have a low-interest loan available for such improvements. Ms. Barrall answered that a separate bathroom anywhere on the premises would involve plumbing, sewerage, electricity, etc. and the cost would be in excess of $30,000. SRCC MINUTES (Regular) 11/5/84 Page 3 SRCC MINUTES (Regular) 11/5/84 Page 4 Ms. Barrall continued that she did not believe there is national advertising on handicapped accessibility; and there are no low-interest loans available. There being no further comments from the public, the hearing was closed. Councilmember Nave stated that staff and McDonald's have tried to solve the handicapped problem, and found it to be unfeasible. Also, when McDonald's put in a $10,000 drive-in to keep up with competition, they made this drive--in-accessible for the handicapped. Councilmember Nave moved and Councilmember Frugoli seconded, that Council, sitting as Board of Appeals, grant the appeal of handicapped access requirements at 2114 Fourth Street (McDonald's) based on the fact that handicapped accessible toilet rooms would present an unreason- able hardship, and directed staff to prepare a Resolution of Findings for adoption at the meeting of November 19, 1984. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 20. PUBLIC HEARING - REZONING Z84-8 to P -D DISTRICT FOR NEW RAB MOTORS MERCEDES BENZ DEALERSHIP; 540 FRANCISCO BLVD. WEST; ROLAND BACCI, OWNER; PETER DODGE, REP.; AP 13-051-23 (Pl) - File 10-3 Acting Mayor Breiner declared the public hearing opened. Planning Director Moore reported that this rezoning proposal for the RAB Motors dealership site at 540 Francisco Boulevard brings to a close the City's process for this project. The Redevelopment Agency then takes final action on development plans, and the applicant then proceeds forward with building permits. The Planning Commission had reviewed the proposal for the construction of the dealership at 540 Francisco Boulevard and voted 4-1 (Commissioner Willms dissenting, Commissioners Boro and Rifkind absent) to recommend to the City Council, certification of a Negative Declaration and adoption of a zone change to P -D District and also conditionally approved an environmental and design review permit. The project includes construction of a new 26,000 square foot structure to be occupied by an automobile showroom, incidental office, and vehicle service area. Two existing metal structures for vehicle storage and detailing as well as a relocation of an existing stucco structure for parts storage will be maintained. The zone change to P -D District includes a number of development standards to be made a part,of the ordinance. The Planning Commission approved a number of conditions including fencing and landscaping standards and requirements for improving existing on-site structures. Copies of these conditions with Planning Commission minutes along with questions on the design review conditions by the applicant and modifications on these conditions have been submitted to Council. Attorney Mark Scott, representing the applicant, indicated to the Cnimcil that he was available to answer questicns. Acting Mayor Breiner asked about the existing metal structures and whether they were'to be remodeled, and also how high they would Dro,ject above the project. Architect James Hastings responded that the buildings would be repaired, painted in relation to the color scheme of the main building and indicated the height is approximately 8 feet to the eaves. There are no other measures being taken to change the basic appearance of the buildings. Acting Mayor Breiner asked if the fence would be on higher ground, and Mr. Hastings indicated it would be at the existing grade. Mr. Scott interjected that the final plans will be submitted for approval at the next Redevelopment Agency meeting, and suggested that discussion be deferred until that meeting. He asked that Council focus on the Negative Declaration and the zone change. SRCC MINUTES (Regular) 11/5/84 Page 4 SRCC MINUTES (Regular) 11/5/84 Page 5 Some of the Councilmembers had concerns on the overall layout of the existing metal buildings and the preliminary landscape plans and asked Ms. Moore for some clarifica.tionif they were to make any decisions at this hearing,if Council would have another hearing on the matter. Director Moore informed Council that if there were concerns on any of the aspects of the project, Council would need to call forward the conditions of approval that Planning Commission imposed on the project thus far. If Council does not call forward the conditionsof approval, this hearing would be Council's final opportunity to have an impact upon the actual mixes of buildings on the site. Councilmember Russom asked what actually does get approved by the Redevelopment Agency. Ms. Moore replied that two approvals are involved - the City of San Rafael with Planning approval and the Redevelopment Agency with the disposition and development agreement pro- cess.If.atthe time of the final plan review there are concerns, and the Agency insisted on modifications, City approval would be made consistent with those modifications. Director Moore told Council that the Design Review Board disagreed with staff's recommendation originally, when staff recommended that the metal buildings not be used but be replaced. The majority of the Planning Commission also did not agree. Acting Mayor Breiner asked if this was an inappropriate time to be discussing this or should Council ask staff to bring this matter back on this particular aspect of the application. City Manager Beyer stated that if Council wanted more discussion on those issues, that this be brought up for Council's consideration now, because the approval of this subject tonight indicates the City's review. Mr. Scott again addressed Council and stated he appreciated that this hearing would technically end the City's review, but indicated that sine the same members of the City Council also sit as the Redevelop:ent Agency, that they would have an opportunity to discuss these issues at the Agency meeting. Mr. Roland Bacci, owner of the project approached the podium and told Council that he had done everything expected of him in compliance with the Planning Commission and the Design Review Board and assured them that he would do a good job on the metal buildings. There being no further comments from the public, the hearing was closed. RESOLUTION NO. 6961 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 540 FRANCISCO BOULEVARD WEST. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM M (HEAVY COMMERCIAL AND MANU- FACTURING) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (540 Francisco Boulevard West) ( Bacci Project ) " SRCC MINUTES (Regular) 11/5/84 Page 5 SRCC MINUTES (Regular) 11/5/84 Page 6 Councilmember Nave 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. 1497 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave and Russom NOES: COUNCILMEMBERS: Acting Mayor Breiner ABSENT: COUNCILMEMBERS: Mayor Mulryan 21. PUBLIC HEARING - CONSIDERATION OF ISSUANCE BY CITY OF SAN RAFAEL OF INDUSTRIAL REVENUE BONDS IN AMOUNT NOT TO EXCEED $9,000,000 TO ASSIST IN FINANCING OF AN OFFICE BUILDING FOR CIVIC CENTER VENTURERS, TO BE. LOCATED AT 3900 CIVIC CENTER DRIVE (CM) - File 8-22 22. 23. Acting Mayor Breiner declared the public hearing opened. City Manager Beyer explained to Councilthat the public hearing was being held to meet the requirements of the IRS. This item will be placed on the agenda for the Council meeting on November 19, 1984 to adopt a resolution authorizing issuance, sale and delivery of Revenue Bonds. Councilmember Frugoli stated he will not be at the November 19th Council meeting and wanted his comments known on the sales tax revenue. He in- dicated that $10 million is a high figure for a 96,000 sq. ft. building unless the building has enough retail to generate sales tax. There being no further comments, Acting Mayor Breiner closed the public hearing. DISCUSSION RE CITY .CONTROL OVER SERVICE STATION CONVERSIONS - File 9-1 x 9-1-2 x 10-5 Acting Mayor Breiner requested discussion on the issue of the possibility of having conversion of service stations from full -serve to self serve controlled by the City. Councilmember Nave indicated that Council should be aware of any change in operations happening in the business segment. However, in this issue, when a station is changed to self -serve, it may appear better looking even though it might generate a little more traffic. Councilmember Frugoli indicated that conversion would generate some traffic, but people have a tendency to drive to the West end of town if gas is cheaper and this would generate traffic across town instead of in one's own neikhborhood. Planning Director Moore interjected that San Anselmo is the only City in the State of California having an Ordinance regarding self -serve stations. Councilmember Russom asked, in addition to the traffic aspect, what role does the City have in trying to influence the type of business that operates in the City. Acting Mayor Breiner asked staff for their input on this subject and to report back to Council. PROPERTY ACQUISITIONS - KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35 Public Works Director Bernardi briefed the staff report, indicating that bond proceeds under the Kerner Boulevard Assessment District provided for the setting aside of funds for the acquisition of portions of property for roadway purposes, etc. He stated that four acquisitions were before the Council this evening; three conveyances of street right of way and two conveyances for sewage pump stations, and that the grant deeds and right of way contracts were in order and the amountsto be paid are in conformance with the approved appraisal amounts. SRCC MINUTES (Regular) 11/5/84 Page 6 SRCC MINUTES (Rt:;gular) 11/5/84 Page 7 Director Bernardi asked that correspondence given to the Council from Mr. Hanf and Mr. Poeschl be made part of the record, regarding concerns they have with the development of their property. Specifically, they are requesting that Council reaffirm its commitment to them for proposed revisions to their previously approved project. The revisions involve opening up the site and the addition of more parking spaces. The City previously committed to handle this process through the design review procedure. Secondly, upon proper and complete application for a building permit, that building permits will be issued in accordance with the phased development plan previously approved by the City. Staff is recommending Council reaffirm its position on this development as project has been thoroughly reviewed by the Planning Commission and the City Council. After discussion, Councilmember Nave moved and Councilmember Frugoli seconded, that Council adopt the four resolutions accepting the conveyances and authorizing the Mayor and Clerk to execute the right of way contracts with the described grantors as authorized in the Engineer's Report for the Kerner Boulevard Assessment District, and reaffirm its position on this development. RESOLUTION NO. 6962 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (Forrest R. and Ephimia E. Mor he � (Assessment No. 41, Sewage Pump Station - Cos : Y640.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor BreinEr NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan RESOLUTION NO. 6963 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTIIORIZING EXECUTION? OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (Franciscan Properties) (Assesment Nos. 28 & 29, Street Right of Way - Cost: 10,592.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan RESOLUTION NO. 6964 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (Thomas De V. Cagwin, David J. Dorward, Robert J. Crowell and Fritz J. Vaslev) (Assessment Nos.16 & 17, Street Right of Way - Cost: $112,000.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan RESOLUTION NO. 6965 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY AND AUTHORIZING EXECUTION OF RIGHT OF WAY CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT, SAN RAFAEL, CALIFORNIA (Horst and Irene Hanf, William H. and Ilse C. Poeschl and W.P. Partnership a California General Partnership)(Assessment Nos. - 19 & 40, Street Right of Way, Sewage Pump Station - Cost: $607,229.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 11/5/84 Page 7 SRCC MINUTES (Regi r) 11/5/84 Page 8 24. SELECTION OF CONSULTANT FOR MERRYDALE OVERCROSSING (PW) - File 4-3-128 Public Works Director Bernardi indicated to Council that before them was an agreement for a consultant to perform Phase I'work which is the final planning phase for the Merrvdale Overcrossing of Highway 101 in Terra Linda. The team is headed by the firm of Wilsey & Ham._ There are 18 items in the Scope of Work to be done before doing the structural design. It is estimated that all of the work should be done by July 15, 1985; design work and approval of the Phase II contract will begin shortly after July, 1985, and it is estimated that by March 1986, the plans and specs will be completed and at that time the project will be turned over to CalTrans for their administration and construction. There will be about a 3 -month bidding period and award of contract by CalTrans and construction could probably begin by July 1986 and completed by July 1987. At that time, Mervyn's will be on line and the building currently under construction now next to the Velvet Turtle will be completed. Civic Center North and Civic Center Plaza will be in the process of getting development approvals, but those projects are not anticipates. to be coming on line until after the overcrossing is completed. The work on the design phase of the project is not authorized at this time, but is currently estimated at $129,200. RESOLUTION NO. 6966 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WILSEY & HAM, TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF THE MERRYDALE OVERCROSSING (PHASE ONE, THE FINAL PLANNING PHASE, NOT TO EXCEED $86,250) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 25. PLANNING COMMISSION COMMUNICATION RE EAST SAN RAFAEL (Pl) - File 10-2 Planning Director Moore's staff report listed five suggestions/ recommendations -forwarded by the Planning Commission to the City Council regarding the issue of development in East San Rafael prior to adoption of a neighborhood plan for the area. They are: First, the Commission supports Council policy re maintenance of Level of Service D in the East San Rafael area with Level of Service E being acceptable if there are solutions to achieve Level of Service D in the near future. Second, the Commission suggests that issuance of new building permits in East San Rafael meet the above Level of Service D traffic policy in the interim period before adoption of the neighborhood plan, and indicated that traffic studies should be prepared prior to issuance of project's building permit to determine that intersection level of service would not exceed Level of Service D, or Level of Service E for short interim periods, upon occupancy of that project. Third, the Commission recommends that any time extensions of existing development approvals in East San Rafael also meet the Level of Service D traffic policy and be evaluated via the neighborhood plan checklist procedure previously recommended by the Commission and endorsed by the Council. Fourth, the Commission suggests that there be ordinance changes to the C-2 and M Districts to provide the City more use permit control over changes and intensifications of use in those existing zoning districts, with staff to report on the preliminary research done by staff concerning intensification of existing uses. Fifth, the Commission recommended that a broad-based citizens committee be established to lobby for funding of needed transportation improve- ments in East San Rafael. Councilmember Russom moved and Councilmember Frugoli seconded, to accept the report. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan City Manager Beyer indicated that a traffic report on East San Rafael will be submitted to the City Council at the next meeting. SRCC MINUTES (Regular) 11/5/84 Page 8 SRCC MINUTES � agular) 11/5/84 Page 9 26. REPORT RE CORPORATION YARD, CHEVRON AND SHELL SERVICE STATION SITES: (CM) - File 4-4-4 x SRRA R-239 City Manager Beyer brought to Council's attention, the letter they received last summer where Chevron requested a possible trade of property owned by the corporation on Fourth Street and Lincoln with the City service station property currently being leased by Shell Service Station at the corner of Second and Lincoln. After this was reviewed, it is City's recommendation that Chevron be notified that the City is not interested in making a trade but if possible the City would be willing to work with them in relocating them off Fourth and Lincoln should they decide to do so. Another item is the study of a possible location for a new corporation yard. The present site is not the best use with changes that have happened in the past several years and coming in the future. City is asking for authorization to proceed with the study (in-house), and expand the appraisal of the Shell Service Station site to include the corporation yard site which would give a general value of the property, and solicit bids for soil studies on the City owned property. City Manager Beyer continued to explain that as they negotiate with the developers on the PG&E site, they can refine the timing if they decide to dispose of the corporation T-ard site. Councilmember Russom moved and Councilmember Nave seconded, to approve recommendations: Authorized staff to: a) respond to the letter from Chevron USA re trade that City is not interested in an exchange of property at Second and Lindaro but City would be willing to work with them to assist them in relocating off Fourth and Lincoln if they wanted to do so; b) commence a study of potential relocation sites for the City owned corporation yard at Second and Lincoln; c) expand scope of the presently ongoing appraisal of Shell Service Station to include the Corporation Yard, and d) solicit bids for soils studies at City owned Corporation Yard and report back to Council. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 27. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1496 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL L 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 "U" (UNCLASSIFIED) DISTR.I_CT TO P -D (PLANNED DEVELOPMENT) DISTRICT (211 Los Ranchitos Road) ( Former Hartzell School Site) (P1) - File 10-6 x 10-3 x 115 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 "U" (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (211 Los Ranchitos Road) (Former Hartzell School Site )" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1496 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES (Regular) 11/5/84 Page 9 SRCC MINUTES (Regular) 11/5/84 Page 1C ADD ITEMS: 1. DISCUSSION RE TRANSPORTATION CENTER - File 112-2 x 140 x R-81 City Manager Beyer reported on a meeting held today at 5:P.M. with the Bridge District and City Officials Re Transportation Center. Council reaffirmed the transportation center plan, reiterating their concerns about parking and traffic. AYES: COUNCILMEMBERS: Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Mayor Mulryan This item will be on the agenda for the meeting of November 19, 1984. 2. PARKING PROBLEMS ON LUCAS VALLEY ROAD - File 13-9 Councilmember Russom brought up the issue of the "used car lot" on Lucas Valley Road. City Manager Beyer is to contact County Public Works Director, Mario Balestrieri to try to resolve the problem. 3. PARKING PROBLEMS AT NORTHGATE MALL (PAYLESS) - File 9-1 x 9-1-2 x 10-6 Councilmember Russom discussed new parking arrangements for Payless Drug in Northgate Shopping Center - complaints have been received that parking spaces are too small. Planning staff was requested to bring back a report on how this problem could be resolved. 4. DISCUSSION RE PROPOSITION 36 - File 9-4 City Manager Beyer brought Council up-to-date on Proposition 36 if it should pass at the election of November 6, 1984. City would be dealing with the County in relation to paramedic service. No action will be taken until the November 19th meeting. Council adjourned to continuation of Closed Session. JEANNJJLEONCIN City Clerk APPROVED THIS DAY OF VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/5/84 Page 10