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HomeMy WebLinkAboutCC Minutes 1990-01-16SRCC MINUTES (Regula 1/16/90 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 16, 1990, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 90-2(a) - #1. Elizabeth Maloney vs. City of San Rafael. No. 90-2(b) - V. No. 90-2(c) - #2. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 16, 1990 AT 8:00 PM. 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: David M. Bernardi, Acting City Manager; Tessie Belue, Assistant City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Breiner moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Regular Meeting of January 2 and Special Joint Meeting of January 4, 1990 (CM) 3. Resolution with Findings Upholding an Appeal of a Use Permit to Establish a Second Dwelling Unit in a Detached Accessory Structure at 56 Meadow Avenue; AP 13-194-14; Kathie Rousseau, Owner; Deborah Paolino, Appellant (P1) - File 10-5 4. Resolution Authorizing Extension of Time for Forwarding Amendment of Chapter 15.10 of the San Rafael Municipal Code - Merger of Sub -standard Lots (P1) - File 10-2 5. Report on Bid Opening and Award of Contract - Turnout Clothing for Fire Department (FD) - File 4-2-243 6. Report on Bid Opening and Award of Bid for Tree Root Cutter for Parks Department (Gen.Svcs.) - File 4-2-244 Recommended Action Approved as submitted. RESOLUTION NO. 8101 - UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A USE PERMIT TO ESTABLISH A SECOND DWELLING UNIT IN A DETACHED ACCESSORY STRUCTURE AT 56 MEADOW AVENUE (UP89-55) RESOLUTION NO. 8102 - GRANTING A 60 DAY TIME EXTENSION FOR PREPARATION OF A DRAFT ORDINANCE AMENDMENT TO CHAPTER 15.10 OF THE SAN RAFAEL MUNICIPAL CODE RESOLUTION NO. 8103 - AUTHORIZING THE PURCHASE OF FIREFIGHTER PROTECTIVE CLOTHING UTILIZING FUNDS FROM THE CAPITAL OUTLAY BUDGET (from Cascade Fire Equipment Co. of Medford, Oregon, lowest bid, $225 for turnout coats & $177 for trousers) RESOLUTION NO. 8104 - AUTHORIZING THE PURCHASE OF ONE TREE ROOT CUTTER (from Cal -Line Equip- ment Co. of Livermore, lowest bid, $9,679.38) 7. Authorization to File Notice of Intent to Approved staff recommendation. Apply for Funds from the California Library Construction and Renovation Bond Act of 1988 (Proposition 85) (Lib.) - File 9-3-61 8. Resolution of Appreciation for John Barrows, RESOLUTION NO. 8105 - RESOLUTION OF Retiring Marin County Administrator (CM) - APPRECIATION TO JOHN BARROWS File 102 SRCC MINUTES (Regular) 1/16/90 Page 1 SRCC MINUTES (Regular 1/16/90 Page 2 9. Claim for Damages: Approved City Attorney's recommendation for denial of claim. Walter S. Camper (PD) Claim No. 3-1-1456 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - TS86-4 - APPEAL OF PLANNING COMMISSION'S DECISION OF AUGUST 29, 1989, APPROVING TENTATIVE MAP FOR 28 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION LOCH LOMOND #10; LAS CASAS & INVERNESS DRIVES; ROBERT B. HAM, INC., OWNER; OBERKAMPER & ASSOC., REP.; AP 186-031-02 & 06, 186-520-17 & 18 (P1) - File 5-1-297 Mayor Mulryan declared the public hearing opened, and complimented staff on doing a good job on the overview. He then asked for a report on the major points of the appeal. Planning Director Pendoley first informed the Council that there had been an error in reporting the Planning Commission's vote on August 29th. It was actually 7-0, and not 5-2 with two Commissioners abstaining. He noted that the abstention had been on the previous agenda item. Mr. Pendoley then briefed the Council on the background of the project, and reported that the staff report is in three sections responding to the three points of appeal by the Loch Lomond Homeowners' Association. They are: 1) Failure to consider off-site geological hazards; 2) Performance of Mitigation Devices; and 3) Mitigation monitoring process. Mr. Pendoley added that, given the complexity and significance of this project, the City Council may find other issues which require further analysis, and that staff is prepared to provide additional data as the Council may require. Mr. Pendoley stated that he expects that further hearings will be needed to reach a final conclusion on this project. Mr. Pendoley described the project as encompassing 76.7 acres of vacant hillside north of the Loch Lomond and Villa Real neighborhoods. He added that the site consists of south - facing slopes which are naturally vegetated with Oak, Madrone and Bay trees, as well as grassland. He stated that the site is characterized by several deep ravines which serve as natural drainage channels/swales, and that there are a number of small landslides located in the eastern portions of the site and a large ancient landslide existing on the western slope of the site. He stated that the applicants have filed a tentative map application for subdivision of the subject property into 28 single family lots, to be situated at the southwest and southeast ends of the site, immediately north of the existing neigh- borhoods. He added that the northern 43 acres of the site are proposed to be preserved as open space and dedicated to the City of San Rafael, and that there will be three Below Market Rate (BMR) units. With respect to grading, Mr. Pendoley stated that approximately 30 acres of the site consist of woodland and a total of 1.7 to 2.0 acres of woodland would be removed for roadway improve ments and building sites, which would result in approximately 50,000 cubic yards of grading. He added that the grading is designed to accommodate on-site cut and fill so as to avoid import or export of fill material. He noted that the Planning Commission recommended less grading. Mr. Pendoley noted that under present site conditions, channel bank erosion and flooding are the primary hydrologic/drainage threats facing the development. Also, there are signi- ficant existing problems with the conventionally designed storm drainage systems in the area and the sediment catchment and transport in some areas of the subdivisions. Mr. Pendole, added that the proposed project would install an upslope network of drainage mitigation features; repair existing landslides; construct debris embankments, catchment walls, debris fences and deflection walls. Mr. Pendoley then explained about the maintenance and operation of the publicly owned drainage improvements being funded under the provisions of the Mello -Roos Community Faci- lities District, with all costs to be paid by property owners in Loch Lomond #10 Subdivision He stated this method is recommended as a legal framework well-suited to levying special taxes for maintenance and operation of storm drainage systems, and that the law allows the City Council to annually levy a special tax within specified boundaries and according to specified formulas to pay for facilities and/or services, as well as debt service. Mayor Mulryan asked for a description of the Mello -Roos operation, and Mr. Pendoley respond- ed that essentially, the Mello -Roos (M -R) District would be installed at the time the final map is approved. The M -R District would include a list of the improvements which are subject to maintenance by the District, and include an Engineer's Estimate of the cost of maintenance. He stated that, in subsequent years, once the District has basically been established, the tax rate would be set for the individual properties, based on an Engineer's Estimate of actual cost of work. Also to be assessed would be any administrative SRCC MINUTES (Regular) 1/16/90 Page 2 SRCC MINUTES (Regular) 6/90 Page 3 overhead to the City for Public Works Department inspections, cleanup of the debris and debris fences. He noted if they had to be repaired, it would be capital cost. He added that M -R can be set up so that if, in subsequent years, the City determines that if ten debris fences were originally installed and an eleventh fence is needed, the District could be required to pay for that. Mayor Mulryan inquired if there is any financial limit, or cap, for any given year on the tax rate, noting that there will be only 28 homes. Also, he asked if liability would be covered by M -R. Daniel Bort, Attorney with law firm of Sturgis, Ness, Brunsell & Sperry and Mello -Roos specialist, stated that a maximum annual tax would be specified and could not be exceeded. He added that the process would authorize the City Council to levy a special tax for special purposes and for certain very limited services, but among the services authorized are the operation and maintenance of storm drainage systems. With regard to liability, he stated it is possible that the tax might include funds for an insurance policy including tort liability and inverse condemnation on these specified facilities, if coverage is, in fact, available, and that it would have to be validated in a court action if it was to be used for paying any claims. Councilmember Boro inquired if there is a way to accomplish the same thing without going through M -R. He asked what is the advantage of one versus the other. Mr. Bort responded that the advantage of M -R is that the authority is conferred upon the City Council who can exercise that authority, whereas if it were turned over to the homeowners' association they may not do their job. Councilmember Boro inquired if the City could have a performance bond and review period- ically. Mr. Bort responded that a performance bond gives you someone to sue. Councilmember Thayer inquired if this applies to drainage improvements only on publicly -owned land, that land which is dedicated, with the homeowners maintaining the improvements. Mr. Pendoley responded that during most of the Environmental Impact Report (EIR) process, the project description had most of the open space held and maintained by the homeowners' association through their CC&Rs. He added that late in the process, basically due to citizen input, staff reserved the possibility of doing it with public ownership in a M -R District. He stated that the basic policy issue before the Council is, if it is all privately owned and privately maintained the City does not have as much liability exposure; however, the City does have the responsibility to protect the homeowners downstream. On the other hand, with public ownership there is clearly a greater liability to the City but you do have greater control. Councilmember Thayer inquired whether it would cost the same to go through private funding sources, and Mr. Pendoley responded it would cost more because of close scrutiny by the City. Mr. Bort noted that this is a case of public facilities on public property, with some work perhaps being done on private property. Mr. Pendoley then proceeded with an overview, going into detail regarding the three items in the appeal, and noting the staff's conclusions on page 12 of the staff report. He pointed out that the appellants are recommending that the City require a $1 million surety bond for at least two years to insure completion and operating onthe mitigation devices, noting the City Attorney has indicated it is within the Council's discretion to do that. State law requires that the builder warranty the improvements for one year after completion. These proposed mitigation features and the undeveloped open space would be dedicated for City ownership, maintenance and operation. The maintenance and operation of the publically owned drainage improvements would be funded under the provisions of the Mello -Roos Community Facilities District with all costs to be paid by property owners in Loch Lomond #10 Subdivision. This law allows the City Council to annually levy a special tax within specified boundaries and according to specified formulas to pay for facilities and/or services as well as debt service. The facilities must be required by new development, and services provided must be new services. These proposed improvements have the potential to reduce the occurrence and severity of mud flows and damaging floods. Mr. Pendoley indicated that if the Council were to require additional surety bonds, staff would recommend that findings be developed and included in a Resolution. He stated that should the Council require a clerk -of -the -works, staff would recommend that the City select an engineering firm, noting that the developer would be responsible for all associated costs. SRCC MINUTES (Regular) 1/16/90 Page 3 SRCC MINUTES (Regular) 16/90 Page 4 Mr. Pendoley stated that it is the view of staff as well as the Planning Commission, that the community will be better off with this project than without it. Councilmember Breiner inquired about the potential risks of the old landslide, as outlined on page 23 of the Van Houten report. Mr. Pendoley responded that the EIR did look at that issue, particularly through the geotechnical analysis done by Harding Engineers, who have certified that it is adequately covered. Also, the author, Mr. Van Houten, will be address- ing the Council shortly. Mrs. Marianne Shaw representing the Loch Lomond Homeowners Association, noted the appeal is based on three primary concerns:1) The proposed site is to be developed on geologically active and unstable area and that the region upstream of the proposed development has not been studied in sufficient detail to insure the successful operation of the designs created by the engineers hired by the developer; 2) The mitigations that would be required are, for the purposes that they must serve on this site, untested and unproven. They are asking that the developer post a $1 million bond for a period of two years to insure the successful operation of the mitigation devices once they are built; 3) The San Rafael Planning Department lacks adequate manpower and procedures to monitor the developer's compliance with all of the required mitigation measures and other conditions of the Tentative Map. She said there must be a scrupulous monitoring program, not just having people ticking off a list. Mr. David Bohejian of Loch Lomond Homeowners Association stated that he appreciates the Council's attention to the residents' concerns, and added that there is a need for further study of the upslope areas, particularly with respect to Lots 1 and 11. He stated they will be built on debris from an old landslide which originated upslope of the area. He stated that at the top of page 5 of the staff report, where it says that the EIR found that "all previous geological reports conclude that the project is feasible from a geo- technical standpoint conditional upon implementation of certain measures to mitigate the landslide hazard", that this statement is inaccurate. He stated that Van Houten studied the area, but not thoroughly, and did not make enough test borings. Mr. Salem Rice gave a brief report on the geotechnical aspects, stating that his principal concern is the large landslide in all of Lots 1 - 6, and parts of 7 - 10, and it remains his judgment that its topographic position makes this mass liable to further downslope movement under strong triggering influences. He noted that this is the first time he has been involved in this proposal since 1985. He stated that the area can be engineered to a degree of acceptability. He added that the studies made are adequate for static conditions but, because of the material deposits and the area extending to the northwest, this area is very similar to many hill slopes which were mobilized by the Loma Prieta earthquake. He stated that this landslide deposit and its upslope source are not an appropriate site for residential development. Mayor Mulryan inquired if Mr. Rice knows of any movement on this site as a result of the October earthquake, and Mr. Rice responded that he does not know, but would not expect it because of the distance from the quake. Mr. Bohejian again addressed the Council, urging a performance bond regarding the mitigation devices in the event of failure. He stated it should be a substantial amount. He also stated that the Planning Department has recommended self-monitoring of the mitigation devices, and does not believe that would be adequate. He referred to a letter from Harry Winters, dated November 14, 1989, which is in the packet, calling attention to the failure of self-monitoring in the Oakwood Subdivision. Albert Bianchi, Attorney representing the owners and sponsors of the project, thanked the City staff, and particularly the Planning Director and his staff, for the exhaustive work which went into the staff report. He stated that in projects such as this it helps for all to have a dispassionate approach by the Planning and Public Works Departments. He stated that the Planning Commission gave careful attention to the proposal and voted for it unanimously. They gave very careful attention to the conditions. Mr. Bianchi stated that the appellant's attorney acknowledged that they had gotten every- thing they wanted, and that statement has never been refuted; their attorney accepted the myriad of conditions, and yet there is an appeal. Mr. Bianchi showed a flyer circulated by a real estate company throughout Loch Lomond, announcing this hearing and making inaccurate statements. Mr. Bianchi then addressed the position taken by the appellant since the last meeting of the City Council. The appellant requested to submit additional data by their consultant, Salem Rice, and the Council agreed to a postponement. Mr. Bianchi added that he had request- ed to see what additional data was going to be furnished by Mr. Rice at this meeting, two weeks in advance. He noted that the information submitted by Mr. Rice on January 3, SRCC MINUTES (Regular) 1/16/90 Page 4 SRCC MINUTES (Regular) '.6/90 Page 5 1990, consisted of 1, pages, and all but the first 12 sentences refer to a 1981 report by Cooper and Clark, and to 1985. Mr. Bianchi noted that the report concludes with the sentence, "In my judgment this Cooper and Clark report describes an area with major geologic stability problems, and does not guarantee that they can be economically corrected". Mr. Bianchi stated that this report is what they waited two months to receive. Mr. Bianchi noted that since 1982 and 1985 there have been many studies, and called atten- tion to the four boxes before the City Council containing 33 binders of geologic, engineer- ing and seismic information relating to this project. He stated that Gary Van Houten offered them to show the contrast with the appellants' expert's 12 pages. Mr. Bianchi then introduced Gary Van Houten, first giving a resume' of his qualifications as a geologist. Mr. Van Houten then explained the nature of the studies which have been conducted since 1981 in the area in question. In the interest of time, Mr. Van Houten gave a brief explanation of what the studies encompassed. Councilmember Breiner inquired, regarding page 20 of the EIR, about the landslide dangers. Mr. Van Houten reponded it was investigated on site, and the Manzanita property was looked at also. He stated that the land being looked at is a mix of safe landslides, and the material off-site has been studied by Herzog. Councilmember Boro stated that the issue seems to be what will be done on-site. He added that the proposal is that the land above will be dedicated to the City, and he inquired to what extent the work will be done above the homes to stop the problem before it comes down to the homes. Mr. Van Houten responded that the open space is part of the project, and the other is a minor part of the development. By means of a map, he illustrated the debris flow areas and the mitigation measures. He added there will be a series of mitigations as backups. Mr. Pendoley asked Mr. Van Houten to describe the buttress fill, as mentioned in his report. Mr. Van Houten responded that as part of the mitigation for the landslide deposits, the material is removed and fill is added. He added that the other is just normal fill for the roadway. He stated that they excavate into firm bedrock and have what is called a "keyway". This is benched upslope and compacted and drains are put in the fill. He added that by extending the buttress to the West they can catch any sediment. He stated that if they did not extend it, sediment would be contributed to the drainage. He noted that PG&E had recently surveyed the power lines through the property, since the October 17th earthquake, and found no movement. He added that these mitigation methods are not something new, but have been used world-wide for the past 30 years. He stated that only in the last few years has the debris avalanche been viewed as a threat in Marin and the Bay Area, following high concentrations of rainfall. He stated the recommended methods are proven methods. Mr. Bill Simmons and Mr. Frank Melcher of Villa Real both spoke in favor of the project, stating that they are satisfied with the mitigation devices, and feel they will be better off with them than with the undeveloped land. They thanked the Planning staff for their report. Ms. Laurie Bennett of Frank Howard Allen informed the Council that she was remiss in sending out the newsletter, in that it did not state the source of the information. Mrs. Marianne Shaw indicated she had a question for Mr. Van Houten, and asked about whether he personally inspected the upslope area, since it did not appear so from the report. Mr. Van Houten responded that he had personally walked the area in question, and indicated on the map where he had stepped in the dangerous areas, since he wanted to be sure nothing was left out. Mrs. Smith of 29 Dorian Way inquired who is going to pay for the mitigation measures, and Mayor Mulryan explained that the proposal is that the mitigation measures be installed as part of the development, that a District would be formed which would be a taxing base and be paid for by the residents of the subdivision. He stated it would not fall upon residents outside the subdivision, and explained that was the function of the Mello -Roos District. Mr. Harry Winters addressed the Council, and mentioned his letter regarding Oakwood Subdivi- sion. e expressed concern about the self-monitoring, stating that it has not worked at Oakwood. Mayor Mulryan closed the public hearing and called for Council discussion. Councilmember Boro stated that the first issue is whether or not the City should adopt a policy of accepting this area as open space or dedicate it and leave it in private owner- ship. He stated he would like to have more background on the pro's and con's of SRCC MINUTES (Regular) 1/16/90 Page 5 SRCC MINUTES (Regular) x,16/90 Page 6 Mello-Roos,can the people be taxed, can the money be used for on-going maintenance, etc. - public control without public risk of ownership? He stated he would like a long-term performance bond provided by the developer. He stated if the mitigation measures are going to work they could work in private hands as well as public hands, and the private hands can make it work. He stated he would prefer that because of the liability involved. Mayor Mulryan said he would like to see some realistic yet practical dollar examples to build up funding. Councilmember Thayer said she would like, within Mello -Roos, a legal opinion regarding the homeowners', later down the road, demanding that others share in that district. She added that the cost of maintenance might be prohibitive, and they might be able to alleviate it by participation of other property owners. Councilmember Breiner stated that in the Addendum on page 26, she feels the cost is far too low, and they should take another look at it. She noted that everything would have to be set up from Day One in case some of the lots were not sold immediately, and a storm should occur. Councilmember Breiner stated in Section B 1, page 24, regarding the extension of the lower buttress, she wondered how feasible it was, considering that to extend it will require agreement by the adjacent property owner in Villa Real. Councilmember Shippey inquired with regard to M -R about arriving at the maximum assessment. He also felt that long term bonding may be the only way to address a $1 million failure. He said he is also concerned about runoff impacting properties below; do mitigation devices adequately address that and what are the assumptions in that equation. Councilmember Breiner stated that from reading the last information it sounds as if the current facilities which are not up to what is necessary in terms of some of the culverts underneath the streets, and the like, are to be improved by the developer. Mr. Pendoley replied in the affirmative. Councilmember Thayer stated that since we are going to have individual designs for each of these properties, she would like a report and explanation regarding surfaces which might accumulate a great deal of runoff. Councilmember Thayer also recommended that the Oakwood situation be reviewed, in relation to this particular developer. Councilmember Thayer stated she would like to know the capacity of the Public Works Depart- ment, given the limitations on staff and budget, to monitor this particular property the way it should be monitored, during the building phase and also when the project is completed. Mr. Boro recommended that a Harding -Lawson representative be present at the next hearing, to report on the upslope area. He stated he would like to hear how the upstream was evaluat- ed, and how they made the bridge from what was orginally done, to the conclusions in the EIR. Mayor Mulryan re -opened the public hearing and continued it to the next regular Council meeting on February 5, 1990. 11. PUBLIC HEARING - TO CONSIDER APPROVAL OF THE SETTLEMENT OF A LAWSUIT BETWEEN MARIN SANITARY SERVICE AND GRANGE DEBRIS BOX AND WRECKING CO., INCLUDING ALLOCATION OF THE COST OF THE SETTLEMENT (Fin) - File 4-3-32 Mayor Mulryan declared the public hearing opened. Finance Director Ransom Coleman explained to the Council the purpose of this hearing. He stated that the decision made tonight will have an impact on the Marin Sanitary Service rates. He added that the Council is being requested to approve the $600,000 settlement, under which Marin Sanitary will pay that amount to Grange Debris Box and Wrecking Company over a period of two years. Mr. Coleman added that all of the agencies which regulate Marin Sanitary must agree to all of the provisions of the settlement, or start the negoti- ating process all over again. Mayor Mulryan stated that part of the language which is before the Council is that they will regulate Grange Debris Box rates to the degree that the Council regulates the debris box rates to the degree that the Council regulates the debris box rates at Marin Sanitary. He stated he would like to staff to give input on that issue, what it means to the Council regulating two competing debris box companies, or not regulating any at all. He said he would like to approve this agreement, and assume that both debris box matters would be regulated equally. SRCC MINUTES (Regular) 1/16/90 Page 6 SRCC MINUTES (Regular) 16/90 Page 7 - Albert Bianchi, Attorney representing Marin Sanitary, informed the Council that at this hearing they are not going to set any rates, but they will be back with a rate application in the near future and at that time the debris box issue could be addressed. He stated that at this meeting he is only asking the Council approve the court settlement. Mayor Mulryan stated that if the Council regulates both, they can be treated equally. Mr. Bianchi replied in the affirmative. Councilmember Breiner asked how much the increase, due to the settlement, would be for the average homeowner, and Mr. Bianchi replied it would be about 19� per month. Mayor Mulryan closed the public hearing. Councilmember Boro stated that in reading the staff report and Attorney Frank Solomon's opinion, this seems to be the way to go. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution approv- ing the settlement. RESOLUTION NO. 8106 - APPROVING SETTLEMENT OF ANTI-TRUST LITIGATION BY MARIN SANITARY SERVICE, AGREEING THAT 1/3 OF THE COST OF SETTLEMENT SHALL BE CHARGE- ABLE AS A COST OF GARBAGE SERVICE, SPREAD OVER TWO YEARS, AND AGREEING THAT DEBRIS BOX RATES OF GRANGE DEBRIS BOX AND WRECKING COMPANY, INC. BE REGULATED TO THE SAME EXTENT AS DEBRIS BOX RATES OF MARIN SANITARY SERVICE, INC. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. REPORT ON OPEN SPACE MANAGEMENT PLAN - DISCUSSION OF SHEEP GRAZING PROGRAM (PW) - File i3-14-1 x 9-3-40 x 4-10-158 x 4-10-212 Public Works Director Bernardi briefed the Council, stating that he had intended to present the entire Open Space Master Plan to the Council at one time, but poor attendance at neigh- borhood informational meetings have been a concern. Additional meetings are being planned. Mr. Bernardi stated that the questions of sheep grazing and fire management are being presented to the Council ahead of the whole Master Plan review process because of the Council's concern with the time. He added that if these issues were to be presented along with the rest of the Management Plan, there would be insufficient time to secure the ser- vices of a grazier, if the Council decided to proceed with the grazing program. Mr. Bernardi stated that it is the staff's recommendation that perimeter mowing is the most cost effective method to protect private property. He added that the grazing program, while extremely beneficial, does not provide the same measure of protection to private property. He stated that because of the higher costs associated with the grazing, the Council may wish to consider this program as part of the upcoming budget process. He noted that costs have been identified for the mowing at approximately $10,000. Mayor Mulryan stated that he had attended some of the meetings, and it is clear to him that the safety factor would tend toward the mowing. Councilmember Thayer asked if staff will come back with a cost report later, regarding the grazing, and Mr. Bernardi responded that they will have all costs for the entire pro- gram. Councilmember Breiner noted that the next meeting will be in Sun Valley, and wondered why it was not in Terra Linda. Mr. Bernardi responded that in Terra Linda only about a dozen people came to the meeting. He said when they tried before to have one in Sun Valley the janitor did not show up to open the building, so they will try another time. Councilmember Thayer complimented staff on an excellent report. Councilmember Thayer moved and Councilmember Shippey seconded, to approve staff's recommen- dation and mow the perimeters, with a cost up to $15,000. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. REPORT ON WHETHER MOBILEHOME ORDINANCE RENT CONTROL APPLIES TO LEASE OF ADJACENT PROPERTY AT B -BAR -A TRAILER RANCH (CA) - File 13-7-1 Housing Consultant Dick Bornholdt informed the Council that Mr. Don Timmer, co-owner and SRCC MINUTES (Regular) 1/16/90 Page 7 SRCC MINUTES (Regualr) 16/90 Page 8 manager of the B -Bar -A Trailer Ranch, recently requested that the City Council amend the Mobilehome Rent Stabilization Ordinance to regulate any rent increases on the land adjacent to the B -Bar -A. The leased property is used by Mr. Timmer to rent spaces to ten mobilehome owners whose rent is regulated by the Mobilehome Rent Stabilization ordinance. Mr. Bornholdt stated that Mr. Timmer has received notice from his landlord that the rent on this leased land shall be increased to $1,000 per month, which is a $400 per month rent increase, effective January 1, 1990. Mr. Bornholdt stated that a meeting was held on December 27, 1989, between Mr. Timmer and his attorney, Mr. Pierce, Colette Brooks of Legal Aid representing the park residents, City Attorney Gary Ragghianti and Assistant City Attorney Tessie Belue, and himself, to discuss amending the subject Ordinance. Mr. Ragghianti's opinion is that the Ordinance, as presently written, was not intended to impose limitations on rent increases imposed by a property owner of a mobilehome park owner/operator. Mr. Bornholdt added that in a survey conducted by the City Attorney, eight jurisdictions with Mobilehome Rent Control Ordinances were contacted, and none had ever encountered circumstances such as this. Mr. Ragghianti feels that the issue of whether to broaden the scope of the Ordinance, as suggested by Mr. Timmer, is a policy question requiring Council decision. Councilmember Thayer noted that the B -Bar -A is not zoned as a mobilehome park, as is Contem- po Marin, and would be difficult to enforce. Mr. Don Timmer addressed the Council, stating that in two years his rent has increased 300%, and he is hoping the owner of the property can be brought under the rent control. He said he would have to increase his rents by $40 under the circumstances, and the people who live in the ten mobilehomes cannot pay the rent he would have to charge. Councilmember Breiner asked Assistant City Attorney Tessie Belue her opinion regarding the letter received from Legal Aid, in which it was recommended that if the Council feels an amendment to the Ordinance is appropriate, a property owner could be included as within the definition of park owner, since only this interpretation of the term will give full force and meaning to the Ordinance. Ms. Belue responded that it is possible to take the action recommended, since without the definition of a mobilehome park owner it cannot be enforced. She added it could be defined as broadly as the Council desires if they desire to amend the Ordinance. Counclmember Breiner moved and Councilmember Boro seconded, that a definition of a mobile - home park owner be added to the Ordinance. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. STATUS REPORT ON PLANNING DEPARTMENT WORK PROGRAM (P1) - File 9-3-17x 115 Mayor Mulryan complimented Mr. Pendoley on an excellent report, stating it shows in a very businesslike way how the Slope Ordinance, Residential Task Force and Tree Ordinance tasks can be accomplished. Mr. Pendoley stated he had nothing to add to the staff report, except to mention that the Park and Recreation Commission is interested in participating in the development of the Tree Ordinance. He recommended that they be added to the review process without stretch- ing the schedule. Councilmember Boro stated he is very concerned about the recommendation to close the counter for one-half day, five days a week. He inquired if the 200 hours for the Tree Ordinance was put out to a consultant, could we then keep the counter open. Mr. Pendoley replied in the affirmative. However, he pointed out that going to a consultant is time-consuming because they must go through an RFP (Request for Proposals) and selection process. Mayor Mulryan suggested trying the partial closure for 60 days, and see what the impact of the counter closure would be. Councilmember Breiner had concerns about it being closed every afternoon. Councilmember Boro recommended to have at least an open door so that someone could accept reports or provide information and ask the people to come back. Mr. Pendoley stated he considers Planning to be a service agency, and they have a four-hour return policy on telephone calls, but this could be stretched to respond in 24 hours. Councilmember Boro stated he would not like to have someone come in and not be taken care of. Someone could take care of the people, and ask them to come back in the morning. He said he felt that a 24-hour turnaround would be more than adequate for telephone calls. The counter could be closed from Noon to 1:00 PM, and open from 1:00 PM to 2:00 PM, and after that people would be told they will be called back. SRCC MINUTES (Regular) 1/16/90 Page 8 SRCC MINUTES (Regular) 16/90 Page 9 Councilmember Breiner stated that on the matter of the Tree Abatement/View Preservation Ordinance she had a concern about what the Ordinance would cover and also had a question concerning preserving eucalyptus trees, since some of them are very dangerous. Mr. Pendoley indicated the proposed Tree Ordinance would cover View Protection. Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended Work Program as noted in the staff report, with modifications as discussed. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. DISCUSSION REGARDING PROPOSED ORDIANCE FOR STRICTER LIMITATIONS ON CITY COUNCIL ELECTION CONTRIBUTIONS AND REPORTING REQUIRMENTS - File 9-4-2 x 9-4.x 9-I Mayor Mulryan stated that this item is a discussion on stricter limitation on City Council election contributions by means of a proposed Ordinance. He stated he and Councilmember Boro have discussed the matter of the increasing expenses of campaigns and the levels of restrictions which the FPPC regulations impose, which are very slight. He added that, by Ordinance, the Council can impose limitations on individual contributions and also, at the local level, lower the threshold of individual reporting. He asked that the Council join in asking the legal staff to draft an Ordinance which basically would limit the indi- vidual contributions to $250, and lower the threshold of reporting to $75. Councilmember Boro stated that there has been concern about the amount of money which has been contributed to campaigns in recent times. He added that in talking with City Attorney Ragghianti, it is his understanding that the law will not allow the City to put a cap on the total amount of money spent, but the Council could regulate the amount collect- ed. Mr. Boro suggested that, if the Council agrees, they ask Mr. Ragghianti to work on a draft Ordinance, which would talk about the limit of $250 for individuals, PACs (Political Action Committees) and other organizations as well. He said that since there has been concern about the $99 rule, that it be brought down to $75. He stated he has further thoughts as to whether this should apply to the City Attorney and City Clerk, as well as the School Board, and would like that explored. Councilmember Breiner indicated this was a great idea. Councilmember Thayer noted that she had received a substantial in-kind contribution to her campagin from the League of Conservation Voters, and this limit of $250 could work adversely to candidates who are not incumbents. Mayor Mulryan noted that placing a "cap" on the total amount received by a candidate was declared "unconstitutional", and that a limitation of the type proposed would work for everyone. Councilmember Shippey echoed the concerns of Councilmember Thayer, stating that individual contribution restrictions are a good idea, but "in kind" contributions or group contribu- tions he is not sure should be limited. He also stated he was uncomfortable with reporting limits because it has been his experience as a challenger that people are more willing to be reported when they are contributing to an incumbent. Councilmember Thayer inquired would the $250 limit apply to relatives, and Councilmember Boro stated it would. Councilmemer Breiner indicated they might wish to handle "in-kind" contributions differently than money contributions. After further discussion, Councilmember Boro moved and Councilmember Breiner seconded, that the Council authorize the City Attorney to pursue a draft Ordinance along the lines discussed and come back to the Council in the next couple of months. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. RESOLUTION AUTHORIZING GRANT APPLICATION FOR $6,000 FOR CHILD CARE PROGRAMS (Rec) - File 4-10-240 x 9-3-65 Recreation Director Sharon McNamee briefed the Council, stating that applications are now being sought by the State Child Development Division for a Child Care Program Planning Grant of $6,000. She stated that the planning grants are to be used as "seed money" to initiate self -supported Before and After School Child Care Services programs for children ages 5 through 13. She recommended that the Council adopt the proposed Resolution approving the submittal of an application for a $6,000 grant. SRCC MINUTES (Regular) 1/16/90 Page 9 SRCC MINUTES (Regular) 16/90 Page 10 Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution applying for the $6,000 Child Care grant. RESOLUTION NO. 8107 - AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE STATE DEPART- MENT OF EDUCATION FOR $6,000 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned at 11:20 PM. JEAgK 'M. LEONC I, City Clerc APPROVED THIS DAY OF 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/16/90 Page 10