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HomeMy WebLinkAboutCC Minutes 1991-02-19SRCC MINUTE: 'egular) 2/19/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 19, 1991 AT 7:00 P.M. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a 1. Discussion of Litigation Closed Session was not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 19, 1991 AT 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Dorothy L. Breiner, Councilmember Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meetings of January 22, 1991 and February 4, 1991 and Special Meeting of February 4, 1991 (CC) 3. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1601 - AN ORDINANCE OF THE CITY COUNCIL 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 C2 (GENERAL COMMERCIAL) DISTRICT TO PD (PLANNED DEVELOPMENT) DISTRICT (BLOCK BOUND BY "C", "B", SECOND AND THIRD STREETS) Z90-6 (For Proposed City/County Library) (P1) - File 10-3 4. Resolution Authorizing Endorsement of Project Management Plan for Corps of Engineers Canal Flood Study (PW) - File 12-9 x 12-10 5. Authorization to Apply for 1991 Community Development Block Grants (Rec) - File 147 x 9-3-65 6. Glenwood Child Care Agreement to Lease Portable Classroom (Rec) - File 4-7-21 x 9-3-65 7. Resolution to Accept a Grant of $1,528 for Each of Two Years From the California Arts Council for Falkirk Cultural Center, City of San Rafael: 1990-91 and 1991-92 (Cult.Affs.)- File 4-10-241 9. Resolution Authorizing Execution of Joint Powers Agreement CSA -19, Fire Protection Services Amendment (FD) - File 4-13-37 x 13-5 RECOMMENDED ACTION Approved as submitted. Approved final adoption of Ordinance No. 1601. RESOLUTION NO. 8341 - AUTHORIZING ENDORSEMENT OF PROJECT MANAGEMENT PLAN FOR CORPS OF ENGINEERS CANAL FLOOD STUDY AND APPROVING AND AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE "COST SHARING AGREEMENT" Approved staff recommendation, requesting $15,000 for child care scholarships and $10,000 to complete plans and construction documents for basketball court at Pickleweed Park. RESOLUTION NO. 8342 - AUTHORIZING SIGNING OF AGREEMENT WITH DOUPNIK MANUFACTURING, INC. FOR THE LEASE/PURCHASE OF A PORTABLE CLASSROOM FOR GLENWOOD CHILD CARE CENTER, INCLUDING ADDENDUM RESOLUTION NO. 8343 - ACCEPTING A GRANT OF $1,528 FOR EACH OF TWO YEARS FROM THE CALIFORNIA ARTS COUNCIL FOR FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL: 1990-91 AND 1991-92 RESOLUTION NO. 8344 - AUTHORIZING EXECUTION OF JOINT POWERS AGREE- MENT CSA -19, FIRE PROTECTION SERVICES AMENDMENT (thru June 30, 1994) SRCC MINUTES (Regular) 2/19/91 Page 1 11. Request from San Rafael Housing Corporation for Authorization to Apply for a CDBG Grant (CM) - File 147 x 13-16 SRCC MINUTE: Regular) 2/19/91 Page 2 Approved staff recommendation, authorizing request for funding for a planning grant for an air rights project to develop affordable housing above the City -owned parking lot at Third and "C" Streets. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner ABSTAINED: COUNCILMEMBERS: Shippey (from approval of Minutes of Special Meeting of February 4, 1991 only, due to absence from meeting.) The following items were removed from the Consent Calendar for discussion: 8. RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT DOCUMENTS (PD) - File 9-13 x 9-3-30 Mayor Mulryan asked if there had been any requests for documents older than the five year limit. City Manager Nicolai answered she was not aware of any. Mayor Mulryan stated he was concerned about the time limit being too short and he wanted to know what types of files are being microfilmed. Ms. Nicolai stated she would look into this for the next meeting. Mayor Mulryan requested that this item be carried over to the next meeting. 10. ADOPTION OF INVESTMENT POLICY FOR CITY FOR 1991 (Fin) - File 8-14 x 9-3-20 Councilmember Boro commented that he wanted to thank Finance Director Coleman for his efforts and work done to clarify and explain the City's investment policy over the last several meetings. He also stated Mr. Coleman has incorporated an additional safeguard in looking at how he will determine how City funds will be invested by use of the rating policies Council had discussed. Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Investment Policy for 1991, including incorporation of rating service, Scheshunoff Information Services, into the City's investment policy. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 12. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Thayer stated she thought Council should oppose SB 27 (KOPP). She also stated that with regard to SB 5X (BOATWRIGHT) and SB 1X (DEDDEH), she stated that several people on the Marin County Council of Mayors and Councilmembers Legislative Committee expressed concern that this would no longer exempt newspapers from sales tax. Mayor Mulryan stated he thought this was a valid concern. Council agreed to take the newspapers out of this exemption clause so they will still be exempted from the tax rate. Ms. Thayer then discussed the 1¢ tax on animal products to offset the amount of money that is paid to the County to reimburse Animal Control. Councilmember Boro had a question about whether this was an offset or augmentation, and Ms. Thayer answered it is proposed that this would be an offset and this money would be collected by the County; the City Managers' group is working on this, with the funds to be returned to the cities on a pro -rata share basis. Councilmember Boro moved and Councilmember Shippey seconded, to approve staff recom- mendations to OPPOSE SB 27 (KOPP), Charter Amendments by Initiative, SUPPORT SB 5X (BOATWRIGHT), Sales Tax Exemption Elimination - with a recommendation that exemption remain for newspapers - and SUPPORT SB 1X (DEDDEH), Sales Tax Exemption Elimination. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC MINUTES (Regular) 2/19/91 Page 2 SRCC MINUTES legular) 2/19/91 Page 3 13. PUBLIC HEARING - s89-29 - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION AND TENTATIVE MAP FOR A FOUR -LOT SUBDIVISION; LINDEN LANE AND NEWHALL DRIVE; WILLIAM MOORHOUSE/EDWARD NICOLAUS, APPLICANT; PAUL DAVIDSON/LINDEN LANE NEIGH- BORHOOD ASSOCIATION, APPELLANT; AP# 15-051-41 (P1) - File 5-1-319 Mayor Mulryan opened the public hearing, noting that there was a request for continuance of the public hearing by the Appellant. Planning Director Pendoley stated that in order to comply with the requirements of the Subdivision Map Act, it is necessary to open the public hearing tonight. He suggested that the Appellant be invited to explain the need for the continuance and then allow the Applicant to react to the request, with the Council then deciding what they wish to do. Appellant Dr. Paul Davidson, on behalf of the Linden Lane Neighborhood Association, stated that there were three major reasons why the Association was asking for a continuance: 1) They requested a hearing from the full City Council; 2) Eight of the historically or architecturally significant buildings named by the Cultural Affairs Commission are in the immediate area and three border directly on this property. Any development of this area (should be) in accordance with the City's Zoning Ordinance, Section 14.11.010, which states they should maintain the relationships between individual building structures and physical developments in such manner as to contribute best to the amenities and attractiveness of the City. He noted some of their efforts in determining many of these factors have been slowed because of the closing of the California Room at the Civic Center because of earthquake repairs and the Historical Society (Boyd House); 3) The Association has hired a consulting firm to give a visual presentation to Council that will show the negative impact on the neighborhood, sub- sequent to tree removal and the placing of four buildings on the property. They plan to present an alternate plan that will show a different housing placement that would be more in concert with the existing houses. He stated they are asking the Council to grant a delay of 60 days or whatever the Council feels is adequate. Applicant William Moorhouse, Developer of the subdivision, stated that he did not know that it was a requirement to have a full Council to hear appeals. He stated that with regard to the historical aspects of the neighborhood, they are presently under a requirement in this approval to have the Historical Commission review and approve anything that is done with regard to the buildings being proposed, including a Design Review process and review by the Planning Commission. He stated that with regard to the alternate plan, he feels that it is not germane to the issue. Mr. Moorhouse stated that the neighbors had been given access to the plans for the four houses for the past two years and felt that was enough time to make a decision. Mayor Mulryan commented that in the past the Council has been very lenient on the time given for continuances. He stated that in terms of compromise, the Council would offer 30 days continuance to the March 18, 1991 Council meeting. Councilmember Boro stated that he was impressed with the comment made by the Appellant that they did not oppose the development, but were, in fact, offering an alternative. He stated that they should have the time to put together these alternatives. Council agreed to continue the public hearing for 30 days to the March 18, 1991 meeting. 14. PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 3.33 OF THE SAN RAFAEL MUNICIPAL CODE AND PROPOSING IMPOSITION OF AN EXCISE TAX FOR THE PURPOSE OF ENSURING THE CONTINUED AVAILABILITY AND PRIVILEGE OF GENERAL GOVERNMENTAL SERVICES AND FACILITIES (Subject to Voter Approval, June 4, 1991) (Fin) - File 9-4 x 9-12 City Manager Nicolai explained that this public hearing was cancelled through the decision made by Council at the Special Meeting of February 11th, but was put on the agenda to indicate that the public hearing has been cancelled. OLD BUSINESS 15. DISCUSSION OF BAY VISION 2020 REPORT (P1) - File 229 Planning Director Pendoley gave Council background on the Commission that prepared the report, noting that this Commission is asking for input from local government, as well as other interested groups and individuals. He stated that the Bay Vision 2020 Commission has 39 members and was established in late 1989 by a consortium of city and county government representatives, as well as a public forum which is created by the joining of the Bay Area Coalition and the Greenbelt Alliance. The charge to the SRCC MINUTES (Regular) 2/19/91 Page 3 SRCC MINUTE` Regular) 2/19/91 Page 4 Commission was to do two things: 1) Prepare a one year study on population growth in the Bay Area and the changing character of that growth. 2) To develop a general vision of what the Bay Area should be like in 30 years, and to recommend ways in which this vision could be accomplished. The central and unanimous finding of the Commission was that the quality of life in the Bay Area is threatened by our failure to properly manage growth. There is a very strong consensus, according to the author of the report, that the Bay Area is heading in the direction of Los Angeles. He stated the Commission is concerned about how the Bay Area will accommodate the rapid growth rate which is occurring. Some of these problems are the increasing traffic congestion, the longer commute between home and work, failure to accomplish the clean air goals, we continue to lose valuable open space, and prime agricultural lands are threatened. He stated that Marin County has made more progress on many of these issues than the rest of the Bay Area, but is experiencing severe traffic congestion. The Commission concludes that there is a need to develop a form of regional government that will develop and coordinate the implementation of regional policy for land use, housing, transportation, and air quality. He stated that according to the author of the plan, Joseph Bodovitz, if the Bay Area were a state we would be the 14th largest in the United States and we would think nothing of having a legislature of 100 members and having a state-wide planning policy. He stated that because of this, he thought the Bay Vision proposal deserves serious consideration at this time. Mr. Pendoley stated that the City of San Rafael is having more success in implementing the planning principles discussed in this proposal than the Bay Area is, but there is no agency that is charged with achieving those principles region -wide. The most controversial points are those related to regional governance. The report recommends the State Legislature must develop law and policy that would facilitate a true regional planning process and would enable the creation of a regional commission. He stated that this Commission would be the "folding together" of ABAG, Bay Area Air Quality Management District, and the Metropolitan Transportation Commission. Their first charge would be within the first four years of their existence, to develop a regional land use plan which would not be in the traditional sense of our General Plan, with its map and detailed policies, but would be in the order of the set of performance standards. Local governments would be given a period of time to bring their plans into conformance with the regional plan once that plan had been adopted, and thereafter the local govern- ment would be responsible for implementing their plans accordingly. There would be a right of appeal to the regional commission on some types of major projects, and the charge to the commission on appeal would be to determine not really the merits of the project, but whether it was in compliance with the local plan. This model is very similar to what the California Coastal Commission does. He stated there is nothing very radical about this model plan. It has been used in California for other things such as BCDC as well as the California Coastal Commission and used in other states, as well. Mr. Pendoley stated that one question would be, "Would Marin County and its communities be forced to adopt a plan that is radically different from what we have today?" He said that the County's General Plan is really held up as a model of environmental protection and that is one of the chief reasons for moving toward more region -wide planning to achieve protection of open space. He stated there should be no significant change to the pattern in the 88% of open land designated for agricultural and other uses. Mr. Pendoley stated that the City might be held to a close accounting for development of the 101 Corridor as last adopted in the early '80's. He said San Rafael's General Plan will probably be very close to the Vision 2020 plan, with an emphasis on infill on affordable housing achieving a better jobs/housing balance. He stated that they have very effective performance standards, in particular the level of service standards for traffic, thereby assuring in this growth we do not further contribute to congestion at principal interchanges. Mr. Pendoley stated that he thought the more important issue was the form of regional governance that will be adopted. He suggested that it was important for the City to lobby for a form of regional governance that is most responsive to our unique needs. He stated that Marin will be one of the smallest counties represented; the only County with less population is Napa County. He wanted to ensure that Marin County had a "loud enough voice" to protect our environmental resources, as well as to be held accountable for good planning. He stated that a representative from the County has suggested a close alliance with Sonoma County would be to the advantage of Marin County in terms of some issues shared with regard to housing, transportation, land use and environmental resources. He felt that there was progress being made from the past alliance with Sonoma County. Mr. Pendoley suggested that this was a good plan and he thought San Rafael should join with others, such as Oakland, San Jose, and some more urban communities to support this. He stated there is a growing interest in the State Legislature in this plan. He noted Governor Wilson has expressed an interest in pursuing regional planning as a mandate from the State. SRCC MINUTES (Regular) 2/19/91 Page 4 SRCC MINTUES regular) 2/19/91 Page 5 Mayor Mulryan stated that he thought they needed to keep the Vision 2020 in context, being a Bay Area vision, with particularly the Brown Bill AB 3 which is a state-wide look at this issue. He noted the Bay Area looks far different to people outside of the area than it does to us. He said that Marin County is the least developed and the most unique area with 85% open space and a plan that for 20 years has agreed to develop highly concentrated development on the Eastern corridor, leaving everything else open. He stated that the big problem he sees is assimilating this Vision 2020 plan with something along the lines of the Brown Bill AB 3 to be passed, which is a concept of a more mandatory regional concept and much more oriented toward requiring housing levels. He asked what room under those concepts is there for a County such as ours that wants to do better in terms of balance in all these issues. He asked Mr. Pendoley how can the City preserve what they want to preserve and at the same time give the nod to regional government. Mr. Pendoley stated that one of the areas that the Commission could not develop consensus was a part of that issue, the question of holding capacity versus no statement on "Is there a limit on what we can accommodate?". That is one of the things he thought they should become concerned about with the State mandate was if the State begins to impose housing quotas, for example, that becomes not responsive to local needs. Mayor Mulryan stated that even ABAG does not have that authority to do this yet, but they do state that by 2010, we should have X number of houses. City Manager Nicolai stated that this had been discussed at the City Managers' Conf- erence a week ago, and the Vision 2020 concept is really taking a look at what this particular group came up with in the context of what is happening at the Legislature. She stated that what they are finding already are movements towards connecting State dollars and various kinds of programs to mandatory things that have to be done on a regional level, noting that it has been piecemeal to date. She stated that the context is starting to move toward what is the opposite of what environmental groups have been looking for regional government in how to deal with air quality, water quality and thinking they are going to look at traffic and transportation on a regional basis, and therefore this area cannot handle any more. She stated that what is coming down from the State is far more mandatory in that they are saying "you will build roads, you will build housing", etc., indicating there would be no more money unless this is done. She stated that there would be more pressure from the State under regional government to do what they say, instead of being able to listen to local residents. She stated that they should look at what avenue where the City would have the most input into this proposal, so they would have some voice in whatever is decided in the future on this project. Mayor Mulryan asked for a technical analysis of AB 3, the Brown Bill, if passed in its present form, wondering what levels of discretion would be lost if this regional type of government were to be passed. Mr. Pendoley stated that the report does not get specific enough to answer this. He said that it did mention as an alternative that at least 50% of the membership be represented by local government, which should give us better than 3 cities. Ms. Nicolai stated that that depends on what is defined as local government; if that includes counties and sanitary districts and all the other areas that might be affected, there might not be much city representation. It depends on how broadly they define local government. Mr. Pendoley stated that he thought the best chance of having the City's interest realized would be if they can be working on this from the beginning, making proactive, positive suggestions. He stated that the important part of this was if they have some form of governance. Mayor Mulryan asked for examples of other States, such as Oregon. Mr. Pendoley replied that Oregon's basic success has been working with urban limit lines, and they have been developed on a regional basis, which has been a successful technique for protecting open space. Mayor Mulryan then stated that in looking at AB 3, it did not look like any real change other than pulling the decisions away from the local level to a higher level. Mr. Pendoley said he would get background information on this for the Council. Councilmember Thayer stated that she agreed with Mr. Pendoley that should this occur, that they would want to get in on the bottom floor. She did have some serious concerns because of the uniqueness of Marin County, vis-a-vis other cities like the East Bay and the top of the Peninsula, heavily populated areas in Contra Costa County and Alameda, whether or not there may be some envy of our uniqueness. She stated that this may cause this County to have to take more of the burden to bring a balance in the area, such as affordable housing. She stated that perhaps this type of impact could be avoided by joining with other cities or counties that are small like Marin County and Sonoma County to be a part of that coalition. Councilmember Boro stated that he attended a presentation on this plan by the League of Women Voters, and he was impressed that so many diverse groups have come to some agreement on this plan. He agreed with Mayor Mulryan's idea of getting more information on AB 3 and another bill that has been introduced in relationship to this plan. He stated there were two issues he was concerned about. The first was about the future growth needs to be predicated on holding capacity, i.e., what land is left, noting if land has been dedicated, purchased, acquired as open space, it cannot be part of the equation, so somehow that has to be accounted for. The second issue is the concept SRCC MINUTES (Regular) 2/19/91 Page 5 SRCC MINUTES tegular) 2/19/91 Page 6 of revenue sharing. He mentioned the example of the Minneapolis/St. Paul model and asked for more input on this. He said that in the concept of revenue sharing, it should be more than just sales tax and population, noting it also has to look at all the taxing ability that the City has. He stated that our City's taxing ability is set lower than others based on where we were at Proposition 13 which is different than other cities, noting we have to make sure there is equity in this revenue sharing. Councilmember Shippey stated that this was an excellent report which Mr. Pendoley put together, that really helped his understanding of the issues involved in this plan. One concern he had was the fact that the recommendations were very general, and did not have many specifics. He felt the City should know more about it before buying into it and giving up local control. He asked that they bring back more information on the specifics of what such a commission might require in terms of land use planning and transportation planning, and what would be really given up in terms of control. Mr. Pendoley stated that there were no answers to this yet, noting what was before them was the full report up to this date. The Commission is looking for comments from the Council and will make them part of the legislative process. He pointed out there is a similar process going on in the Southern part of the State. He suggested the Council would probably want to take a fairly conservative position, noting if the Council feels they can acknowledge the need to look at regional issues, do that, but express what your reservations are. The need for smaller is to be represented, with assurances given regarding the environmental concerns, particularly protecting unique environmental resources; the concern about revenue sharing that if revenue sharing is to be considered, all revenue sources must be examined to really assure equity; all of this to be in a context of AB 3, with a critique of AB 3 to be able to say, "That is what we don't want." Mayor Mulryan suggested that by measuring the amount of so called developable land within San Rafael, these areas should be excluded: 1) the parks, 2) the wetlands, 3) the open space acquired, and 4) possibly factoring on the slopes the City is working on now to protect us. Mr. Pendoley said that if these goals stated in this report are taken on face value, the kind of environmental issues just described would be important goals of this plan and the City would be required to plan around those factors. Councilmember Shippey stated that the one goal that struck his attention was the statement of transportation and land use decisions being supportive of each other. He stated that San Rafael has already done that through their General Plan, and regional transportation planning has failed that goal at least in the public sentiment, that points up the need for some sort of coherent regional planning. Mr. Pendoley stated that the Commission could develop standards to deal with that so communities that have a surplus of jobs would hold off on jobs' development. He stated there should be a balance struck between areas that have a need for more jobs and those that do not. Councilmember Boro stated with regard to governance and representation, the Commission's position at this point was to come up with some conceptual ideas and that the next phase will start talking about how this might happen. They described the way governance would work would be more by exception. He stated the Commission is saying they would not care what is going on in a given jurisdiction, unless there were goals that were not being met; only exceptions would go before the regional body. Fieldinq Greaves, San Rafael resident and member of the Marin United Taxpayers' Association, brought organization charts to show the imbalance of this commission. He stated that he would like to see control kept at the local level, as much as possible. He showed how many entities were elected as opposed to appointed. The majority were appointed and were not accountable to or responsible to the voters. He stated this would create control over property and money of the citizens of this area. He urged that the City Council preserve their powers and right to keep local control in their hands and not give it up to a new super board or commission. Councilmember Boro clarified if he understood correctly, that the proposal is that the 2020 group will replace those three other groups - ABAG, BCDC and Bay Air Quality Control; in fact, consolidate them. Mr. Greaves stated that that was one of the proposals. Harry Winters, resident of San Rafael, stated that he wrote to the 2020 Commission to get a copy of the report, and then he saw that it was before the Board of Supervisors last week, before the Council tonight and is to be presented to the League of Women Voters next Thursday. He stated that one of the major problems he had with this proposal was that it was not an elected body. He stated that he felt the public would not have as much of a voice with this commission as they have with the Council, for example. He stated that this seems to be an all encompassing proposal in that it is not just a land use, transportation issue. He said that he was concerned that there would not be a supervising agency over this body to rectify mistakes or errors. He used the example of the Golden Gate Bridge District and the problems they were experiencing. He suggested that perhaps this commission would make the North Bay take on more population and jobs, thereby making the environment suffer, without the public having any recourse on this issue. He stated that this would protect SRCC MINUTES (Regular) 2/19/91 Page 6 SRCC MINUTES legular) 2/19/91 Page 7 jurisdictions that have not been as progressive as the North Bay Area. Mayor Mulryan stated that he agreed with this. Mr. Winters stated he felt that there is very little environmental representation on the Commission. He urged the Council to be very wary of this concept and, if authorized at all, any such commission should be limited only to very narrowly targeted issues. He asked that the Council notify the constituency, should this proposal come to a vote. Mayor Mulryan suggested that Mr. Winters might want to review AB 3. He stated this is more of a developer -backed measure, designed to take down the barriers that have existed in many local governments and is considered a very dangerous piece of legislation. Mayor Mulryan asked Mr. Pendoley to express the Council's concerns to the group. Mr. Pendoley stated he would prepare a letter for the Mayor's signature to the Commission with regard to all of these concerns. NEW BUSINESS 16. REPORT ON WATER USE RESTRICTIONS BY MARIN MUNICIPAL WATER DISTRICT (MMWD) (PW) - File 151 x 9-3-40 Public Works Director Bernardi stated that under Item #3 of the staff report, Truck Rental, they have since then been able to get prices on tanks that are 1/3 lower than what was estimated. Additionally for Item #3, the 4,000 gallon truck rental fee was based on a $65/hour quote they had then. They have since found another truck rental who can do it for $40/hour. He suggested they consider the long term option of purchasing a water truck which he said they could find rebuilt for about $25,000, with a capacity of about 3,400 gallons. Mr. Bernardi stated that Fisch Brothers Drilling is currently drilling a well at Peacock Park and have found that it will produce approximately 25 to 30 gallons of water a minute. He also stated that Gerstle Park already has a well and they are meeting the Water District requirements, by irrigating that Park with well water. There are also wells at Victor Jones Park and Oleander Park. Additionally, at Oleander Park the Water District will be installing a reclaimed water line with a hydrant so if the Fire Department needs to do fire exercises, they can do so there. He stated that Albert Park has a tank already, and water will be delivered from the Picnic Avenue well that is now being worked on, and that water along with water from the Bret Harte well should keep Albert Park watered. Freitas Park has a well, also. Mr. Bernardi stated that they could not keep the pond going, due to the fact that the water is not fit for human contact. Mayor Mulryan stated that these wells should help the City keep up the beautiful landscaping throughout the City. Mr. Bernardi stated the areas that will suffer the most will be where it is more difficult to get a water truck in. He also stated that they will not be planting the annuals downtown which will reduce the watering on Fourth Street. Councilmember Thayer asked Mr. Bernardi what was being done to irrigate the Freitas Park area. Mr. Bernardi stated that they have a well there and if they put a tank in that will be sufficient to water the park, independent of the Water District. He said that eventually they will be putting Freitas Park on reclaimed water as soon as they can get their lines in. Councilmember Shippey asked in general what was happening with reclaimed water. Mr. Bernardi stated that the Water District was putting in a system of reclaimed water lines throughout the Terra Linda Valley because they can use the Las Gallinas Sanitary District water. They are in the process of putting in the service lines that will come off the main trunk lines to serve large users, such as Kaiser Hospital and Freitas Park, and this should be done this summer. Mr. Shippey stated he would like to hear when this is in place. Mr. Bernardi said that this would be done without any charge to the City. Councilmember Shippey then asked if this reclaimed water could be used for the wading pond in Freitas Park. Mr. Bernardi stated that the Department of Health Services and the Water Quality Control Board both have indicated that reclaimed water cannot be used by homeowners, cannot be stored in tanks, and cannot be used for any kind of direct human contact. Councilmember Boro stated that when they begin using well water, the public will need to be notified. He asked that Council have some discussion with the Public Works Director at a future meeting about desalination versus the pipe that the Water Board is talking about and with regard to the salt content in the reclaimed water from the Central Marin Sanitation plant. He stated he will be meeting with the Manager of the Central Marin Sanitation Agency and the MMWD Manager to try to get a better understanding of what it is going to take to get that process going. SRCC MINUTES (Regular) 2/19/91 Page 7 Councilmember Shippey moved and Councilmember waiving a formal bid process and authorizing the use of alternative water resources. SRCC MINUTE. _Regular) 2/19/91 Page 8 Thayer seconded, to adopt the resolution expenditure of unappropriated funds for RESOLUTION NO. 8345 - RESOLUTION OF THE CITY OF SAN RAFAEL WAIVING FORMAL BIDDING PROCESS AND AUTHORIZING EXPENDITURE OF UNAPPROPRIATED RESERVES FOR THE INSTALLATION OF ALTERNATIVE WATER RETENTION AND DISTRIBUTION FACILITIES AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 17. COUNCIL REPORTS Boro, Shippey, Thayer & Mayor Mulryan None Breiner a. REPORT ON THE 101 CORRIDOR ACTION COMMITTEE MEETING OF FEBRUARY 13, 1991 - File 170 Councilmember Boro talked about the prior committee meeting, stating that County Supervisor Roumiguiere and Petaluma Councilmember Brian Sobel were elected as co -Chairmen for this committee to insure that the committee be a partnership between the Counties from the start. He stated with regard to Item III on the Committee's agenda re Discussion of Strategies for Funding the Acquisition of the NWP Right -of -Way, Mr. Roumiguiere stated there is a possibility that the money needed will be made available at the Federal level for the acquisition. The consensus of the Committee was that November was too soon to come back to the voters on this issue. He said a target date of June, 1992 would be used as the next date they would consider going back to the voters regarding a future measure on the ballot with respect to transportation. Mr. Boro stated with regard to Item VII, Review of the Existing 101 Corridor Plan, the existing plan needs to be reviewed, noting that they needed to have a better coordinated plan between Marin and Sonoma Counties. He said they did pass a landmark in that Sonoma County did agree that the funding should be shared by both Counties, noting the estimate was $200,000 between now and June, 1992, to staff this project. This would be split between Marin and Sonoma County, noting San Rafael's share would be approximately $17,000. Mr. Boro said they did not get to Items VIII, Determine Role of Action Committee in Future Planning for 101 Corridor, and IX, Discuss Transportation Sales Tax Options Including 4¢, -It, and 1t Taxes for Up to 20 Years. They will be discussed at the next meeting. He stated there was a shared opinion that the voters would like to see a total plan when they go to the ballot and how the money will be spent, so this will be a major issue to be discussed at future meetings. He stated he will continue to report back to the Council and asked for their guidance in representing the City on this Committee. Mayor Mulryan thanked Councilmember Boro for the report. ADD ITEMS b. NEW TOPIC HEADING FOR AGENDA - COUNCIL REPORTS - File 1-4 x 9-1 (Verbal) City Manager Nicolai stated that the topic, Council Reports, will be a regular item on the Agenda for status reports of committees, without action to be taken at that particular meeting. This is for information only. C. RE: APPLICATION FOR LIBRARY CONSTRUCTION BOND ACT (PROPOSITION 85 FUNDS FOR PROPOSED JOINT CITY/COUNTY LIBRARY PROJECT - File 9-3-61 x 4-1 -79 (Verbal) Mayor Mulryan stated that he was unable to talk with State Senator Barry Keene directly, but he did talk with Mr. Keene's staff, including his Chief of Staff, and explained the importance of the proposed City/County Library project. He noted that he does plan to meet with Senator Keene on Thursday and also stated that Mr. Keene's office was familiar with the grant and very enthusiastic about it. d. RE: IMPACT OF AB 939 ON RATE INCREASE FOR MARIN SANITARY SERVICE - File 4-3-32 (Verbal) Councilmember Thayer gave the Council an answer to Councilmember Boro's question regarding AB 939, as to what fees are now being charged at the landfill and why SRCC MINUTES (Regular) 2/19/91 Page 8 SRCC MINUTES Zegular) 2/19/91 Page 9 the extra costs from there. She stated that for household hazardous waste disposal, that has added $2.00 per ton at the landfill site. The AB 939 study is costing $2.20 per ton. The landfill pays the County directly and then collects from the haulers. She stated landfill fees in the County have gone from $18 per ton in 1990 to $23 per ton in 1991. Councilmember Boro stated he understood that this may progress to approximately $31 per ton in 1994. Ms. Thayer stated that the Cities should talk with the County about regulating this operation. There being no further business, the meeting was adjourned at 9:35 P.M. JEANN�9I LEONCINI, Ci Clerk APPROVED THIS DAY OF 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/19/91 Page 9