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HomeMy WebLinkAboutCC Minutes 1991-01-07R E V I S E D SRCC Minut (Regular) 1/22/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 22, 1991 AT 7:00 P.M. CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a Closed Session was not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 22, 1991, AT 8:00 P.M. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE a. PRESENTATION OF SAN RAFAEL WALKING TOUR BROCHURES - File 119 Elissa Giambastiani of the San Rafael Chamber of Commerce presented copies of the newly printed Walking Tour of San Rafael brochures to Councilmembers, and announced that they will be on sale at the Chamber office for $2.00, which will cover the cost of printing and enable them to have more copies printed. b. ENFORCEMENT OF ORDINANCE NO. 1597 - ANCHORING AND MOORING OF BOATS IN DESIGNATED AREAS WITHIN CITY LIMITS - File 144 x 12-10 x 10-2 Mr. Gerald Thompson informed the Council that he had received notice that he must remove his boat from behind the Montecito Shopping Center by February 5, 1991. He said he had paid two months' rent, in order to be able to work on his boat which had been vandalized in Sausalito, and now he has been given an ultimatum. He feels he is being treated unjustly. Mayor Mulryan informed Mr. Thompson that staff will look into the issue, and assured him that he will receive fair treatment from the City. He was asked to work with the Police Department and City Attorney. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meetings of December 3, 1990 and January 7, 1991 (CC) 3. Resolution Authorizing Execution of Agreement with WESCO for Monitoring and Management Services of Spinnaker Lagoon (Baypoint Lagoon) (PW) - File 4-10-252 x 2-5-31 6. Approval of 1990/91 Inflation Amendment to Child Development Agreement #7004 with State Department of Education (Rec) - File 4-10-238 x 9-3-65 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8326 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WESTERN ECOLOGICAL SERVICES COMPANY, INC. (WESCO) FOR ENVIRONMENTAL MONITORING OF SPINNAKER LAGOON RESOLUTION NO. 8327 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/State Dept. of Education for 1990/91 Inflation Amendment to Child Development Agree- ment #7004) SRCC MINUTES (Regular) 1/22/91 Page 1 SRCC MINUTES ,Regular) 1/22/91 Page 2 7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1600 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (Re County Ordinance No. 3041) - File 4-13-54 x 13-3 9. Report on Bid Opening and Award of Bid for 5 Passenger Mini -Van for Fire Department (Gen.Svcs.) - File 4-2-250 13. Claim for Damages: (PD) a. Mel Beck Claim No. 3-1-1518 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Boro, Breiner, Shippey, None None Approved final adoption of Ordinance No. 1600 RESOLUTION NO. 8328 - AUTHORIZING THE PURCHASE OF ONE FIVE PASSENGER MINI VAN (for use by Fire Dept., from Sonnen Chevrolet Olds, Low responsible bidder, amount $15,438.03) Approved Insurance Consulting Associates, Inc., recommend- ation for denial of Claim a. Thayer & Mayor Mulryan The following items were removed from the Consent Calendar for discussion: 4. AUTHORIZATION TO CALL FOR BIDS - 1991 STREET RESURFACING PROJECT (PW) - File 4-1-442 x 9-3-40 Councilmember Breiner inquired of staff why there had not been any street resurfacing done in 1990, as reported in the staff report. Public Works Director Bernardi responded that there were not sufficient funds at that time to have a project of a large enough size to get a good price on asphalt. With the amount of money they have set aside ($700,000), they can get a better price per ton of asphalt, because the project is now bigger and the contractors will give the City a better price. Ms. Breiner inquired if the condition of the streets gets much worse in case of delay, and Mr. Bernardi replied that it does not, noting that they have a Pavement Management Program, and the streets on the attached list are the next streets to be paved. Councilmember Shippey inquired how far behind is the program, and Mr. Bernardi responded that we should expend about $1,000,000 per year, and we are spending $350,000. He added that the Gas Tax money is not enough and the City is $5 or $6 Million behind. Mr. Shippey inquired as to how soon the matter will become an emergency, and Mr. Bernardi stated that a source of funding could be one of the Revenue Options Alternatives, money to be set aside for street resurfacing to supplement the Gas Tax funds. He stated that if the Council decided that the Revenue Options Alternative funds could be used, he could ultimately catch up on the street resurfacing. Mayor Mulryan inquired how long does a residential street last, and Mr. Bernardi stated they last about 25 years, but that they spend more time resurfacing streets such as Second and Third. Councilmember Breiner inquired about follow-up in the program, and Mr. Bernardi said they monitor the streets on an annual basis. Councilmember Breiner moved and Councilmember Shippey seconded, to approve the staff recommendation and authorize a call for bids for street resurfacing in 1991. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. RESOLUTION WITH FINDINGS DENYING APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE MAP FOR A 7 LOT SUBDIVISION: MEYER ROAD, EAST OF "D" STREET; ARMAND LOCKE, OWNER: PERRY LITCHFIELD, REP.; DON DAGLOW, APPELLANT; AP #12-291-16 & 17, (Pl) - File 5-1-318 Mayor Mulryan stated that a resident wished to speak on this item. Dan Simonsen, who lives adjacent to the proposed subdivision, informed the Council inaz ne nas new information to share, and it included concerns about flooding, based on past history in the area. He mentioned that the watershed will be destroyed by this project, and predicted that the City will have high costs in claims as a result of flooding. He stated he felt the Public Works memos on the subject were not accurate. SRCC MINUTES (Regular) 1/22/91 Page 2 SRCC MINUTES (Regular) 1/22/91 Page 3 Mayor Mulryan noted that the environmental documents addressed these problems, and their mitigation. Councilmember Breiner asked that, in the Resolution with Findings, at the top of the Sixth Page, under Condition (aaa), the word "intended" should be inserted so it would read, in part - "All trees intended to be saved during the installation. ." Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution as amended. RESOLUTION NO. 8329 - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE MAP TS84-1, A 7 -LOT SUBDIVISION TO BE LOCATED AT THE SOUTH SIDE OF MEYER ROAD Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None 8. EXTENDED BENEFITS FOR ACTIVE MILITARY DUTY RESERVISTS (Pers) - File 7-4 Councilmember Thayer stated she has information indicating that the State of California may pay the difference between the salaries and the military pay. She added she wondered how many employees are subject to active duty. City Manager Nicolai stated that may be a problem, for various reasons. She stated that the City is making a gesture in the health benefits, which are around $300 per month. However, it would be difficult to make a judgment at this time because there is no way of knowing how long the employees would be gone. She offered to research the salary aspect if the Council wishes her to. Councilmember Shippey pointed out that it is one thing to make a gesture on a one-time basis, versus making a policy. Ms. Thayer stated there is no precedent, that this is an unusual case. Ms. Nicolai pointed out that if the draft were to be reinstituted the City could have a significant problem. However, she will check and report back to the Council. Councilmember Breiner moved and Councilmember Boro seconded, to approve staff recommend- ation as listed in the staff report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. REPORT ON BID OPENING AND AWARD OF BID FOR 4-1991 KAWASAKI POLICE MOTORCYCLES (Gen. Svcs.) - File 4-2-251 Councilmember Boro inquired was there only one vendor bidding on the motorcycles. City Manager Nicolal-responded they had mailed several bids, but only one vendor had returned a bid. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution awarding the bid to G & B Kawasaki of Petaluma for $29,097. RESOLUTION NO. 8330 - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AUTHORIZING THE PURCHASE OF FOUR KAWASAKI MOTORCYCLES (From G & B Kawasaki of Petaluma, low responsible bidder, for $29,097) Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None 11. REPORT ON BID OPENING AND AWARD OF BID FOR 7 POLICE PATROL VEHICLES (Gen. Svcs.) - File 4-2-252 Councilmember Shippey inquired about the staff report stating that bids were requested from three other sources, and only this one came in. He asked whether the price was good, even though it was the only one. City Manager Nicolai responded that the Police vehicles have special specifications. She added that the State used to have special prices for large orders, but they are now authorizing local bidders to give the same prices. Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution authorizing purchase of the 7 Police vehicles from Sonnen Chevrolet Olds. SRCC MINUTES (Regular) 1/22/91 Page 3 RESOLUTION NO. 8331 - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SRCC MINUTES ,egular) 1/22/91 Page 4 AUTHORIZING THE PURCHASE OF SEVEN POLICE PATROL VEHICLES (From Sonnen Chevrolet Olds, low responsible bidder, for $105,224.98 @ $15,032.14 each) Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None 12. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH GE CAPITAL FOR FINANCING OF POLICE RADIO SYSTEM (Fin) - File 4-2-253 x 9-3-30 Councilmember Breiner inquired if there would be any advantage to having this financed through the City. Finance Director Coleman responded that at present the interest rate on this loan is less than the interest the City is getting. City Manager Nicolai stated she had looked at City financing as an option, but this was more beneficial. Councilmember Thayer inquired what kind of entity GE Capital is, and Mr. Coleman responded that they, and others, bid for certain tax advantages, as interest is tax free. He stated that if they have the funds available they are pursuing governmental agencies. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution approving an agreement with GE Capital as stated, subject to approval by the City Attorney. RESOLUTION NO. 8332 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With GE Capital for Financing of Police Radio System, Subject to approval of City Attorney - Approximately $560,000) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - TO CONSIDER RATE INCREASE FOR MARIN SANITARY SERVICE (Fin) - File 4-3-32 Mayor Mulryan declared the Public Hearing opened. Finance Director Coleman briefed the Council on the request for a 14.4% rate increase from Marin Sanitary Service. He stated that the staff report outlined basically three major reasons for that increase. The largest single reason is an increase in the dumping fees, which accounts for 7.6% of the requested increase. A smaller portion of that increase (1.6%) is to fund a pilot program which will enable Marin Sanitary to have green cans available to its customers so that twice a month they can pick up yard clippings which currently go into the landfill. If they were collected separately, they would be available for recycling and would hopefully reduce the amount of garbage going to the landfill. The third component of this is a combination of some increase in cost and reduced revenues, a result of two things: 1) an error in the projection of revenues going back to 1989 when the revenue projections were made for 1990; and 2) because of reduced revenues as a result of increased use of the recycling program. He stated several issues brought up were included in the staff report. All of these things have been reviewed by Deloitte & Touche. The original request by Marin Sanitary has been reduced by $139,000 and many of those issues are briefly covered in the staff report. Mr. Coleman noted that the proposed rate increase includes a new fee for collection beyond five feet from the curb. The additional charge between five feet and fifty feet will be $1.50 per month. He said this new fee is an attempt to encourage people to bring their cans close to the curb so the garbage company can take advantage of the new mechanical loading system. The existing fee of $3.50 for each fifty feet beyond fifty feet will remain unchanged. Mr. Coleman added that Marin Sanitary is being requested to modify the method of billing apartments. He stated a request has been made that the garbage company develop some statistics on the use of recycling so that this year we will be able to evaluate who is recycling and the impact of the green can program. Councilmember Shippey asked when Marin Sanitary will have available the statistical information mentioned in the staff report. This is regarding recycling multi -can users as opposed to single can users. SRCC MINUTES (Regular) 1/22/91 Page 4 SRCC MINUTE_ kRegular) 1/22/91 Page 5 Mr. Coleman answered by this time next year, hopefully. He stated one of the reasons this came about is that one of the studies at the County level suggested that possibly to increase recycling, that they charge more for second and third cans, even though that does not reflect the cost of collecting the second and third cans. Would this increase the recycling process? He stated it was not clear that if someone who has two cans is in fact recycling less than someone who has one can. During the next 12 months Marin Sanitary will probably try to get some statistical information to see if two and three can people are in fact recycling or using these cans for another reason. Councilmember Thayer asked if this information was being compiled by the consultant for the AB 939. Mr. Coleman answered affirmatively. Ms. Thayer stated they will probably be doing some work on these particular statistics. What was suggested in the proposals and staff recommendations to date was a variable can rate which was hopefully revenue neutral. It would be less per the first can, as opposed to the second and third cans. Mr. Coleman stated there were several proposals along that line that indicated overall to the company that they would be revenue neutral. The big question was whether or not Marin Sanitary Service would accomplish their main goal of increasing recycling. Councilmember Boro asked for discussion about the $1.50 charge in respect to the elderly and handicapped and how they might handle this. Attorney Albert Bianchi, representing Marin Sanitary Service, first called attention to an article in a recent issue of the Independent Journal, comparing Viacom's raise in rates to Marin Sanitary Service. He stated that Viacom is a de facto monopoly, and is deregulated, and not required to turn over their books. He noted the Marin Sanitary Service books are all turned over, and their records are available to the five districts and cities under which they operate. He said their records are carefully inspected by Deloitte & Touche. The article made reference to campaign contributions also, and Mr. Bianchi stated that Marin Sanitary Service does not make, nor have they made, political contributions. Mr. Bianchi pointed out that a large part of the requested increase is due to a 37% increase in dump fees in the past year at the Redwood Sanitary Landfill. He added that there is no financial or interlocking relationship between the Landfill and Marin Sanitary, except a customer and business relationship. He stated the actual increases are passed through, with no profit going to Marin Sanitary. Mr. Bianchi then discussed the additional 1.6% for the "green can" program, which will be picking up yard waste twice a month, in green cans provided for that purpose. He stated that AB 939 regulates a graduated decrease in the amount of materials going to a landfill, because the landfill situation in this country has reached almost crisis proportions. He added that the amount of yard waste coming from private homes on an annual basis accounts for approximately 25% of the solid waste material from residences. This can be diverted in large amount by the "green can" program. This will prolong the life of the landfill, it will convert that material and recycle it and use it for compost. Mr. Bianchi talked about the Volunteer Toter Program - All of San Rafael will have garbage cans that are plastic, provided by the company and the cost is included in the rate increase and these cans have wheels on them. The attempt is made to encourage the residential customers to take those cans and roll them down to the street where the garbage trucks can pick them up on a readily accessible basis, thereby removing the haul cost or distance charge between the street and where the garbage can is located. If there are elderly people or people who are handicapped in any way, the company will go to wherever the garbage can is located. Mayor Mulryan asked if in the case of the handicapped who can't move the can, were they charged the haul fee. Mr. Bianchi answered they would not be charged the fee. He stated that this is on an individual basis and all that is required is a show of good faith and if there is ever any question about that, the matter is referred to the office of the City Manager and the company is committed to abide by her decision. This procedure is followed in most cities in Marin County. Councilmember Boro requested of Mr. Bianchi that he note this in the Notice of the Increase. Mr. Bianchi agreed. Mr. Bianchi then finished explaining the Toter Program by stating that what that does is allow the material in the garbage can to be picked up mechanically by the truck, and as a consequence, it saves a great deal of money over a long period of time on Workers Compensation claims. The anticipated cost that Deloitte & Touche is SRCC MINUTES (Regular) 1/22/91 Page 5 SRCC MINUTE .Regular) 1/22/91 Page 6 recognizing in this year's forthcoming program, the savings from that could be something in excess of $100,000 per year. If that turns out to be the case, that should go to the benefit of the ratepayor, as well as the company, because it can be reflected as a credit against rates. Mr. Bianchi stated that there is no increase with regard to recycling, this year although the recycling effort has been greatly accelerated and will be in the future in order to meet the State mandate of AB 939. Mr. Bianchi stated that the final point was about the increase in costs in the past year, which are continuing to accelerate, with legislatively imposed charges. The figures that he had in terms of the legislative cost increase for the last year was an increase in $3.38 a ton to approximately $6.00 a ton, which is a very sub- stantial and significant increase that is used, in part, to devise ways and means of resolving the solid waste crisis, in which we find ourselves. Councilmember Breiner asked if Marin Sanitary had discussed recently anything as a result of the freeze. She stated that in most yards throughout the County there is a tremendous amount of dead foliage; plants that will be pruned even if they are not totally dead. This is going to create a major expense for many people and will certainly impact the service in things that will need to be hauled away at some point. She wondered if there had been any discussion on ways to minimize the expense to the homeowners with regard to this. Mr. Bianchi said that this was certainly a valid point and question. He stated he did not think there has been any program specifically planned for that, but he would look into that and report back to the Council through the Finance Director's and/or the City Manager's Office. He stated that the current opinion is that the plants should be left in their current condition until some time in the Spring when it can be determined whether or not they are dead and he knows that there will be a considerable problem at that time. Some of this will be addressed by the green can program, which is being initiated in San Rafael and will provide at least twice a month the equivalent of one can each time or two cans per month. This will address part of the problem. If there is a greater problem, then Marin Sanitary will need to look into it and report back to the Council. Councilmember Boro stated he would like information on the long term view, if more people recycle and it reduces the number of garbage cans, whether they would continue to pay the same or would they pay less. Mr. Bianchi stated he will look into that issue. He stated that in six months from now or, at the longest, a year from now they will have that information. He noted they will have different trucks to pick up the green cans because they will not be compacted like the garbage. Councilmember Shippey asked if there was any way to hasten the expansion of the green can program in order to accommodate the need for it this Spring. Councilmember Thayer stated that they might be doing this as the committee goes along and implements AB 939. She said that the committee has been charged with the duty of coming up with an integrated waste management plan for the County and what is proposed by that committee will be mandated upon the State. For this reason, she suggested that more of the City's staff go to those meetings, because this could have an indirect or very direct impact upon the rate payer, depending upon what is chosen. The collection of yard waste would create a diversionary factor which would be considerable in meeting our 25% goal by 1995. She asked how much would it cost the rate payer. It was estimated at approximately $5.00 to $6.00 a can per month. She said the committee would look at this as they are devising the county- wide plan. Mr. Bianchi stated that the question that Councilmember Shippey raised is folded into the workings of the committee, on which Marin Sanitary Service has representatives. It will be done uniformly, ultimately, and possibly in short order because the committee has been working very hard on this. He stated the meetings start at 7:00 a.m. He thinks they will bring back a solution that will satisfy the Council. He also stated that the committee was County sponsored, but not entirely made up of County personnel or County -appointed officials. They are representatives from the various cities and areas affected. Councilmember Shippey inquired about controlling the number of garbage cans used by apartment houses, and City Manager Nicolai responded that she and Finance Director Coleman are researching this issue. It appears that the apartment owners are sub- scribing based on the number of units, and what they are finding is that there is a greater number of people living in apartment complexes than when the formula was created. She stated that the formula now being used is not working at this time. They are researching whether they have in the Ordinance the ability to mandate SRCC MINUTES (Regular) 1/22/91 Page 6 SRCC MINUTE Regular) 1/22/91 Page 7 that an apartment owner get more frequent pick up than they have right now, but she did not have an answer to this at this time. Mr. Shippey indicated a great interest in this. He stated that it appears that there are higher charges for multi - can users and there could be a tendency to push more people into that situation and that could create a real problem. Councilmember Thayer stated that to implement AB 939 would be a costly proposition. This is a major problem. She stated it will come down to mandatory recycling. Mayor Mulryan agreed with this, but said that he thinks it can be accomplished in this County because of the advancement of this area in this problem. Mr. Bianchi stated that Marin Sanitary stands ready to do anything the City wishes it to do. He stated that the Ordinance which was adopted in 1966 applies not only to the Company, but to every residence, household and business in San Rafael. He added that it is sufficiently broad that you can require service at whatever level the City feels is necessary for the health and safety of the community. He stated that it might make sense to review that Ordinance, in any case, to make sure that it does this. Councilmember Breiner inquired if apartments have recycling, and Mr. Bianchi said it is increasing, and that the City may need to impose that as a regulation. Gary Brayton of Deloitte & Touche explained, in response to an inquiry by Councilmember Breiner, how they arrived at their projections in Schedule C for next year. She asked about certain things that concerned her such as the telephone use last year was $7500 (approximately) and next year it is projected at almost $27,000. He stated they factored in inflation measures. One expense was a voice mail system which will provide efficiency. He noted that overall the management expenses in general have been kept below the rate of inflation. He stated that projecting revenues will continue to be a problem. He addressed the public's expectation of seeing an economic benefit of their recycling initiatives. He stated the County and City are way ahead of AB 939 and will meet the thresholds of the State with much less economic costs than many of the peer areas. At the same time, there will be double digit increases continuing through the better part of this decade because there are many fixed operating costs in the garbage business. AB 939 will cost the rate- payers. He added that over 40% of the total cost of Marin Sanitary is in fact the disposal pit fees. That area has had tremendous increases in complying with the Easton Bill and other mandates which protect our environment, but will be expensive. Mayor Mulryan inquired if Mr. Brayton has access to the records of the Redwood Sanitary Landfill, and he responded that he does not have that authority. Councilmember Boro stated that the fixed cost situation needs to change. Mr. Brayton stated that the key to this was the ability to have only one route that is able to pick up the recyclables and the mixed waste which does not exist now. Councilmember Boro referred to Mr. Coleman's report talking about the 5.2% increase and the error in the 1989 base being incorporated in the 1991 rate in order to make up the rate of return. He asked if this is a one time situation or is it going to continue. Mr. Brayton stated that there was no makeup of the revenue deficiency in 1990. The rates were set due to a projection made by the participation of the company and the cities, and sometimes the company achieves less than or greater than its operating ratio. He stated that they over -projected 1990 revenues and are now projecting down versus 1989 revenues which has a lot to do with service migration. Councilmember Thayer then asked what the error was in the 1989 base that caused the later increase. Mr. Brayton stated that he did not have the specific of the 1989 error; he believed it was an over-estimate of revenues through an error in looking at a year-to-date position, as well as some service migration. He stated he would send a letter to the Council with this information. Ms. Thayer asked if there was any margin for profit into the figures given to the Council with regard to the rate increase. Mr. Brayton replied that the operating ratio is applied to all elements of expense to the company. The variance to that are the legislative mandated increases in the disposal pit fee. He said they have disallowed the component on that, with the belief that they may see much more regulatory cost activity at the landfill site. He stated that it did not have an economic affect in terms of capital investment on the company. There being no further public input, the hearing was closed. Councilmember Boro noted that it seems the largest portion of the increase is because of the increase in the landfill rates. He stated the projection over the next five SRCC MINUTES (Regular) 1/22/91 Page 7 SRCC MINUTE' Regular) 1/22/91 Page 8 years is in excess of 120%. While the landfill is not regulated, the City has the responsibility to find out more about the operation. He asked Councilmember Thayer to bring back information from the committee on this problem of the mandated fees, which will probably be the greatest contributor to the rate increases. She indicated that she may have that information at home. Mayor Mulryan stated the City could get support from the County and other groups to impose regulation on the landfill, and asked for whatever books they could turn over to determine how they managed their expenses and miscellaneous costs. Councilmember Thayer suggested some linkage with the County Board of Supervisors on the question of the mandate of AB 939. Councilmember Breiner suggested the City Managers' group study this. Councilmember Boro suggested contacting the five agencies operating with the Marin Sanitary Service. Councilmember Breiner recommended that Marin Sanitary send out with their bills, on more than one occasion, an explanation informing their customers of the reason for the major portion of the increase in their rates. Councilmember Shippey stated that at a future date, he would like an upbeat presentation from Marin Sanitary on their recycling program. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution authorizing the signing of the contract with Marin Sanitary Service for the rates as recommended, and with a notice to customers explaining the raise in rates and the fact of elderly and handicapped not being charged extra, exemptions to be determined on a case by case basis. RESOLUTION NO. 8333 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/Marin Sanitary Service [25th Amendment to the Agreement], new rates effective 1/1/91) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Joe Garbarino, owner of Marin Sanitary Service, thanked the Council, and mentioned that they will come up with a program for the frozen vegetation similar to the one he and Fire Chief Marcucci came up with for the Christmas trees from last December. There were quite a large number of trees picked up and then they were ground up and used as compost instead of going to the landfill. He stated that they will let their customers know the reason for the raise in rates through their billing system. Mr. Garbarino also stated that San Rafael has the highest recycling rate for the entire country. 15. DISCUSSION OF OPTIONS FOR ST. VINCENT'S/SILVEIRA AREA (P1) - File 115 x 10-1 x 10-2 Planning Director Pendoley informed the Council that he was presenting four Planning Options for their consideration: 1) Leave Existing Policy SVS -1 as is, and start Specific Area Plan by mid 1993; 2) Review of prior SVS Alternatives leading to recon- sideration of land uses; 3) Opportunities/Constraints Analysis leading to SVS General Plan Amendment; and 4) Preparation of a Specific Area Plan now. He then described each of the options in detail, including their advantages, dis- advantages, timing and cost. Mr. Pendoley then asked for the Council's consideration in making appointments to the Advisory Committee, and called attention to a partial list on the last two pages of the staff report. He added that Recreation Director Sharon McNamee requested that one member of the Park and Recreation Commission be included on the Committee. Mayor Mulryan noted that the County is presently in the process of working on a Countywide Plan, and he feels we should work with them. He asked Mr. Pendoley if he saw any impediment to working with the County, and Mr. Pendoley said he has no reservations. He noted that the County has more serious time pressure than the City. Councilmember Thayer inquired about the County having to do a Constraints Analysis, and Mr. Pendoley responded that any public agency would prefer to do it that way, but in a General Plan Amendment you do not have to. He added that the main con- sideration is the wetlands. Ms. Thayer stated she is concerned with Option 3, because of the costs. She noted that the Measure L campaign pointed out the 2,100 homes and other development, and SRCC MINUTES (Regular) 1/22/91 Page 8 SRCC MINUTE Regular) 1/22/91 Page 9 she feels they have to do something to change that on an interim basis until they get through the process. She stated that otherwise there could be another Measure L, pointing out that the City's figures have not changed. Mayor Mulryan inquired of the City Attorney if there would be some way to lift that portion, noting it would do no harm since there is no water and no proposal. City Attorney Ragghianti responded that his initial reaction would be that Government Code 65858 is the sole authority in the State Planning Law which permits the imposition of a moratorium on all or a portion of property located within a city. He said it is conceivable that land such as this could be the subject of a moratorium, for the sole and express purpose of revising the General Plan. He pointed out that would take a 4/5ths vote of the Council, and it is an Interim Urgency Ordinance. He said it is important to remember that when one does that, it freezes the development potential for the property while the City involves itself in a planning process which will ultimately lead to the designation of both the use of the property and the intensity of use. Councilmember Breiner stated she had been thinking along the same lines, and this could be made a recommendation to the Committee. She said she had found Minutes from 1988 from the General Plan revision meetings, and at that time the Planning staff and the Planning Commission had recommended that this property be placed outside the City's urban service area, meaning that those properties were not expected to be developed within the next 5 years. She said the Council overruled the Planning staff and Planning Commission and that it would be very unlikely that anything would happen within the next five years. She said that perhaps a moratorium, as stated by the City Attorney, might be advisable, to build in time for the Committee to consider this approach in a timely basis, but without feeling pressure. She stated it could be one of the charges to the Committee. She stated she does not see that the Specific Plan is appropriate until we are closer to the time of development. She stated it is most important to first get all of the information available, especially regarding the wetlands. Mayor Mulryan pointed out that there is no plan, and there is no prospect for a plan, and for the City to go ahead and do a Specific Plan would be presumptuous. Councilmember Thayer stated that she thinks that what was important about the specific plan approach was the Committee's function. They can actually make recommendations with regard to land use intensities and densities which they certainly cannot under Alternate 3, the site constraint, because that will no longer be their charge. To allay the fears of the public, Councilmember Boro asked that City Attorney Ragghianti and Planning Director Pendoley bring back a report on the pros and cons of a moratorium, noting this has certain time limits versus the whole issue of the urban service area that the land was put into. Mr. Boro stated that staff has already built an important timing proviso into Policy St. Vincent's/Silveira No. 1 which states, "a specific plan shall be adopted prior to any development application being approved" and this specific plan would be a long and difficult process. He stated that a notice would be served to any possible developer or investor that before an application is going to be seriously considered, there will be a planning process that will be undertaken and explicit language in that same policy explaining the City expects a general plan change to come out of that process in a downward trend. Mr. Boro stated that he believes moratoriums are a matter of good policy. Mayor Mulryan stated that he felt it was unfair to ask for an explicit detailing of the options and what would fall out from those two. They should be properly outlined for the Council. Councilmember Boro then spoke on Option 3, based on the modification that Council did to SVS 1, as shown on the staff report page 2, where it talks about the advisory committee and a specific plan and then states that the committee may recommend designations which modify the mix and revises total potential downward. He stated that it was his understanding that once this particular amendment is implemented through the constraints and opportunities analysis, one of the options would be to revise the density. Mr. Pendoley stated that was correct. Mayor Mulryan then asked if before he opened it up to anyone who wished to speak, did anyone want to go further and talk about the committee membership, noting there were some suggestions from staff. Councilmember Shippey expressed concern regarding the Committee makeup, stating that this is a City -led Committee, and he would not want it taken over by the County if we invited them to be represented on the Committee. SRCC MINUTES (Regular) 1/22/91 Page 9 SRCC MINUTE_ Regular) 1/22/91 Page 10 Mr. Boro said he has faith in working jointly with the County, and we should work with them so we do not duplicate the effort, noting the City should take the lead because it has the most at stake in the long term. Leon Eddinqs of the Las Gallinas Valley Sanitary District stated that they would like to be part of the Committee. He stated that anything done out there will impact his District, and they are prepared to offer their services. Jim Stark of St. Vincent's CYO stated he sees the Planning process being driven by forces not of their making, and with their 135 years of history they are ready to continue their cooperative effort. He said he is in support of the Opportunities/ Constraints study regarding the potential. He said he would like to go through the Planning process once, and some of the alternatives would lead to a Specific Plan and General Plan amendment. He asked that the Council consider a fifth alternative, that the Planning process begin now, with an Opportunities and Constraints study. He said that after learning more about the property they could proceed to a Specific Plan stage. He said it would be appropriate to have the County participate. He said St. Vincent's will do everything in its power to make the process work. Mayor Mulryan stated that he thought that when the voters voted as they did on Proposition L, they decided that the method of Proposition L was flawed, which he agreed with. Councilmember Boro inquired if St. Vincent's would be willing to cooperate in the specific plan, that one of the areas of cooperation would be a possible funding of that plan. Mr. Stark then referred to Mr. Marovich. Michael Marovich, of St. Vincent's CYO, stated that if they proceed with the Opportunities and Constraints study, it will give him time to go out and raise the necessary money to participate in it. He noted their lands are endowment for their work. He stated that if the City stays with a logical Planning process, they can come up with something which will serve the needs of the community. Sue Beittel, representing the League of Women Voters, stated they would like to be on the Committee, noting they are very consensus oriented. She recommended that the Committee be given very clear time line and charge. Don Dickinson of the Marin Group of Sierra Club, stated that approximately two months ago they sent a letter to the City Council indicating their interest in being involved in any City activities regarding the re-evaluation of the land use policies for the City. He indicated that they still have that interest in participating. He stated they do have a concern about the membership. He stated Option 3 is obviously the longest one which involves the establishment of the committee. He stated that the argument is made in the staff report that there is no real urgency; there is no water and there are no plans pending. He noted those are all the reasons why the basic land use planning should occur at this point, before a property owner spends the money involved in submitting an application. He stated that there is significant concern expressed in the community about those existing plan policies and Option 3 would keep that plan in effect for what could be many more years before any change in the basic land use policies occurs. He noted the final option which is Option 2 is the one that most directly gets to the basic issue, land use policies specific in the existing city General Plan. It allows the City to go back and reassess and re-evaluate those basic land use assumptions and, if appropriate, make revisions in the most expedious and least expensive way, so that approach would appear to be the most responsive to the concerns that have been expressed. Then he stated a concern in terms of coordination between the City and the County planning processes. On December 20th the new countywide planning agency held a meeting to hear a description of the properties and put that discussion over to a meeting two days from this date (January 24th). Subsequent to that meeting, all of the environmental groups were contacted. These and other groups involved were contacted and told that if they were to have any effect on the County's planning process regarding Silveira and St. Vincent's, those recommendations had to be presented to the countywide planning agency at their meeting on the 24th. He noted because of that very strong request from the county planning staff, all three of the environmental organizations are making those recommendations. He stated the Marin Group of the Sierra Club has already forwarded a letter to the County with a copy to the City. Marin Conservation League and Marin Audubon are considering adopting a position. He then stated that he thought that the City should make sure that their considerations are coordinated with the County effort which are going to proceed very expediously. Mayor Mulryan stated that he will be at that meeting. Bill Huff, a San Rafael resident, spoke of the possibility of the long range implication SRCC MINUTES (Regular) 1/22/91 Page 10 SRCC MINUTE- Regular) 1/22/91 Page 11 of the war and the probable shortage of oil, which points up more need for a jobs/housing balance. Bonnie Brown, of the North San Rafael Coalition, urged that residents of Marinwood and Lucas Valley be included on the Committee because of their close proximity, although they are outside the City limits. Mayor Mulryan assured her that the Council had already decided to include those areas in representation. Tom Lollini, of the Design Review Board, recommended that the Committee include a retired Architect, Planner or Landscape Architect, since they would have good background knowledge. Sherry Roqers, of Billou Street, said she hoped the issue would not become a political football between the City and County or a special interest group. She urged that low cost housing not be overlooked. Elissa Giambastiani, San Rafael Chamber of Commerce, stated that she was concerned about the fact that other agencies were informed of this meeting and they were not. She was also concerned that all decisions might be made at this meeting. Mayor Mulryan stated that he did not think that was going to be the case. He believed that what Mr. Dickinson was talking about was that this is a policy established by the countywide planning group, that any ideas that should be discussed should be on the table at that meeting or any other meetings should be first submitted in writing. Ms. Giambastiani stated that none of the other groups that have been involved in that process were so informed and she stated that the Chamber of Commerce would also like to be included. She stated they feel that this property has major impact in terms of housing and some mixed use development. Bob Holmes, of the Marin Association of Realtors, stated he has been at every one of the Countywide and Transportation Planning Commission meetings. He stated he had submitted a letter to the Council on this issue, and hoped to see that the Realtors' recommendations were followed. Alex Keith, on behalf of the Ecumenical Association for Housing, stated that they were most concerned with the affordable housing opportunities for low and moderate income people and they are certain that the needs and desires of the environmental community and those supporting the affordable housing can all be met within these properties. He stated they look forward to participating in this process. John Starkweather, Planning Commissioner, stated it seemed to him that many members of the public have a feeling that some kind of mistake was made in the too specific wording of the City's current General Plan, particularly in the listing of specific numbers of homes, square feet of commercial and office space. He noted it might have been much better to remain with the general statements of the 1974 General Plan which stated that it was to be a review area for recreational, agricultural and residential. He noted the next step following that kind of a general review area statement would sensibly and logically have been to develop a study of opportunities and constraints, rather than to jump into specific numbers. He felt the public would be most reassured by some kind of amendment or condition on the existing General Plan to a more general prior state while an analysis of opportunities and constraints should proceed, and suggested the Council think about this. Council agreed this was an excellent suggestion. Councilmember Boro stated that there were two things that troubled him from the testimony they had just had. One was that they had not heard from a representative from the Silveira ranch, to which the Mayor answered that Tony Silveira could not be there. The second thing was a comment that Mr. Dickinson made both here and from the IJ, of the attitude that this project is stacked. He stated that he hoped that the whole idea was to get everyone around the table that has an interest in this project and try to start to plan this. He stated that all groups, including the Marin Conservation League, should be equally represented in this. There are many issues from housing to transportation. He stated that he hoped they could go into this project with the attitude that they are going to try and solve all the issues before them and try to find a common way to do that. The Mayor then suggested looking at the committee membership. The Council discussed their options, and agreed in concept with Option 3. Planning Director Pendoley was asked to bring back a report at the February 4th meeting concerning options of imposing a building moratorium, removing land from the urban services area and rescinding densities for the parcels as listed in the General Plan, including time lines. Ms. Thayer said if they do go for alternative 3 right now, and it turns out that these other measures are not feasible, then would they be able to reconsider at a future date. SRCC MINUTES (Regular) 1/22/91 Page 11 SRCC MINUTE- Regular) 1/22/91 Page 12 The Council then agreed to the makeup of the Committee as follows: 3 Property owners/ representatives; 5 neighborhood representatives, including 1 from the North San Rafael Coalition and 1 from Sphere of Influence area; 2 from the business community, including San Rafael Chamber of Commerce; 2 environmental representatives; 4 City representatives, including 2 Councilmembers, 1 from North and 1 from South; 1 Planning Commissioner; 1 Park and Recreation Commissioner; 2 County representatives, including 1 Board of Supervisors member and 1 from the Planning staff; 2 housing groups; and 2 others - 1 from the League of Women Voters and 1 retired architect or retired urban planner or retired landscape architect. Councilmember Shippey did not agree with appointment of a member of the Board of Supervisors, preferring to let the County decide who they wanted to have serve. Mayor Mulryan to appoint a Chairman. 16. INVESTMENT POLICY FOR CITY FOR 1991 (Fin) - File 8-14 x 9-3-20 Finance Director Coleman stated that the Council is required to adopt a Statement of Investment Policy each year. He said the statement he has prepared complies with Section 53646 of the Government Code and is intended to reduce the likelihood that San Rafael will suffer investment losses due to poor investments. The types of investments were discussed, and Mr. Coleman indicated he would bring back a further report explaining the rating system of Sheshunoff, which service he will incorporate into the investment policy. ADD ITEM: 1. RE 101 CORRIDOR ACTION COMMITTEE - File 170 Councilmember Boro gave the Council the Minutes from the first meeting of the 101 Corridor Action Committee held on January 9, 1991, and noted there are over 30 representatives, including a member from the Marin Conservation League, the Sierra Club in Marin County and Sierra Club in a yet to be designated (second) environmental group in Sonoma County, in addition to all the cities and the two counties. A Steering Committee was formed and Mr. Boro and Councilmember Egger, from Fairfax, will represent the cities in Marin on the Committee, along with Supervisor Roumiguiere and two Councilmembers from Sonoma, plus a Supervisor from Sonoma. The Steering Committee will meet tomorrow. Consideration is being given to a 4 cent tax measure on the November 1991 ballot to finance the feasibility of this. Further information will be given to the Council after the next meeting of February 4th. There being no further business, the meeting adjourned at 10:40 P.M. JEALE0NCIN1,fty) C1erc APPROVED THIS DAY OF 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/22/91 Page 12