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HomeMy WebLinkAboutCC Minutes 1990-02-05SRCC MINUTES (Regular) 2/5/ Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 5, 1990, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a 1. Closed Session was not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 5, 1990, AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council 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 COMPLAINTS RE CHANNING ARMS CONDOMINIUMS CONSTRUCTION -RELATED PROBLEMS - File 9-3-32 x 100 x 9-3-16 Mr. John Snipes of the Channing Arms Homeowners Association requested improved Building Department supervision, citing defective pipe problems and other construction -related problems which his Association feels could have been prevented by proper inspection. The matter was referred to the City Attorney to determine what role the City should play, and report back to Council. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Special Joint Meeting of July 18, 1989 and Regular Meeting of January 16, 1990 (CC) 3. Authorization to Call for Bids - La Crescenta Way Storm Drainage Improvements (PW) - File 4-1-433 4. Report on Bid Openings and Award of Bids for: One 8 -Seat Cargo Van; One 5 -Passenger Mini Van; One 3/4 Ton Pickup and Two 4 -Door Full Size Sedans (Gen.Svcs.) - File 4-2.,245 Recommended Action Approved as submitted. Approved staff recommendation. RESOLUTION NO. 8108 - AUTHORIZING THE PURCHASE OF FIVE VEHICLES FOR USE BY THE FIRE DEPARTMENT AND THE PUBLIC WORKS (Hansel Ford: 8 -Seat Cargo Van, $16,149.31 & 3/4 Ton Pickup, $14,681.39; Steve Snyder Chevrolet: 5 -Passenger Mini Van, $15,614.15 & Two Each 4 -Door Sedans, $28,740.16) (Lowest responsible bidders) 5. Request Authorization to Waive Public Item removed from agenda, no action taken. Bid Requirement on Sole Source Police Patrol Vehicles Acquisition (Gen.Svcs.) - File 9-3-30 6. Approval of Renewal of Lease of Storage Space at Third & Lootens Parking Structure with Nine -O -Nine Food Company (RA) - File 2-8-26 RESOLUTION NO. 8109 - AUTHORIZING THE CITY MANAGER TO SIGN AN EXTENSION TO A LEASE AGREEMENT FOR CITY OWNED STORAGE SPACE UNDER THE EAST RAMP OF THE LOOTENS PARKING STRUCTURE (TO NINE -O -NINE FOOD CO. at $75 Per Month for 2 MORE YEARS). 7. Approval of Memorandum of Under- a. RESOLUTION NO. 8110 - PERTAINING TO THE standing (MOU) with: (CM) COMPENSATION AND WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL (2 -Yr. a. MAPE Child Care Unit - Agreement - 1/1/90 through 12/31/91) File 7-8-4 SRCC MINUTES (Regular) 2/5/90 Page 1 SRCC MINUTES (Regular) 2/ 0 Page 2 b. San Rafael Police Association - File 7-8-3 9. Resolution Authorizing Staff to Mow the Perimeter of Open Space Lands in the Terra Linda Valley and Sun Valley Slope Areas and Authorizing the Expenditure of Up to $15,000 from Unappropriated Reserves (PW) - File 13-14-1 x 9-3-40 x 4-10-158 x 4-10-212 b. RESOLUTION NO. 8111 - AMENDING RESOLUTION NOS. 5929, 6078, 6415, 6689, 7206 & 7656, PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (2 -Yr. Agreement - 7/1/89 through 6/30/91). RESOLUTION NO. 8112 - AUTHORIZING PERIMETER MOWING OF OPEN SPACE LANDS IN THE TERRA LINDA AND SUN VALLEY SLOPE AREAS (Authorizing up to $15,000 from unappropriated reserves) 10. Resolution Accepting Conveyance of RESOLUTION NO. 8113 - ACCEPTING CONVEYANCE Parcels "D" and "E", Map of Marin OF PARCELS "D" and "E", ADJACENT TO SAN Bay Unit One (PW) - File 5-1-90 PEDRO ROAD AT BISCAYNE DRIVE, FROM N.Y. CAL INDUSTRIAL CORPORATION, AS SHOWN ON MAP ENTITLED "MAP OF MARIN BAY UNIT ONE", SAN RAFAEL, CALIFORNIA 11. Appointment of Lynn Finkelstein as Member, Cultural Affairs Commission to Fill Vacancy (CC) - File 9-2-24 12. Report on Repayment of Home Loan by City Manager (CM) - File 4-10-196 x 9-3-11 13. Approval of Extension of Agreement with Bryan & Murphy for Planning Services (P1) - File 4-3-185 Approved staff recommendation, with term to expire the end of April, 1993. Accepted report. RESOLUTION NO. 8114 - AUTHORIZING THE EXTENSION OF CONSULTANT AGREEMENT (W/Bryan & Murphy Associates, Inc., to 12/31/90) 14. Resolution Approving Agreement with RESOLUTION NO. 8115 - AUTHORIZING THE SIGNING State Coastal Conservancy for OF A CONTRACT, LEASE OR AGREEMENT (W/State $40,000 Grant to Prepare all Portions Coastal Conservancy for $40,000 Enhancement of an Enhancement Plan for San Plan Grant, for 3 ponds on East San Rafael Rafael Shoreline Park (Rec) - File Shoreline, known as South Pond, Bayview 4-10-236 Marsh and MMWD Pond) 16. Status Report on Acquisition of Contempo Marin Mobilehome Park by the Contempo Marin Homeowners Association (RA) - File 13-7-1 x 9-3-32 17. Claims for Damages: a. William D. & Annie Marie Robinson (PD) Claim No. 3-1-1455 b. Aaron E. Gavin (PD) Claim No. 3-1-1457 Accepted report; referred to City Attorney for review. Approved Insurance Consulting Associates, Inc. recommendation for denial of claims. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Boro, Breiner, Shippey (From Minutes of July 18, 1989 only, due to absence from meeting). The following items were removed from the Consent Calendar for discussion: 8. ADOPTION OF RESOLUTION SUPPORTING DESIGNATION OF SAN FRANCISCO BAY AS WETLANDS OF INTERNATIONAL IMPORTANCE (P1) - File 10-2 x 115 Mrs. Alice Vipiana asked that this item be removed from the agenda because, according to the California Environmental Quality Act (CEQA) items of importance to the environ- ment require a public hearing to be noticed. She asked for a thirty -day period and environmental clearance. Mayor Mulryan inquired if Ms. Vipiana was opposed to the Resolution, and she responded that she is not opposed, but people should be allowed to have a voice in the matter if they live near wetlands. SRCC MINUTES (Regular) 2/5/90 Page 2 SRCC MINUTES (Regular) 2/5 Page 3 Planning Director Pendoley explained that this would require a thirty -day notice if it were a project which would include a physical change to the environment. He stated this proposed action does not meet that definition, since it is not a project and there is no physcial change to the environment. However, it is significant in a political sense, in that it sees the wetlands as being important. City Attorney Ragghianti stated he agrees with Mr. Pendoley, and there is no reason to remove the item from the agenda. Councilmember Breiner pointed out that the area is publicly owned. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution designating San Francisco Bay as a wetland of International importance. RESOLUTION NO. 8116 - SUPPORTING DESIGNATION OF SAN FRANCISCO BAY AS A WETLAND OF INTERNATIONAL IMPORTANCE AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulyran NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. RESOLUTION AUTHORIZING $27,600 EXPENDITURE FROM PARK AND RECREATION FACILITIES FUNDS FOR TWO CITY PLAYGROUND PROJECTS (Rec). - File 9-3-66 Councilmember Boro complimented Recreation Director Sharon McNamee on involving the community with the City in the development of the neighborhood parks. He stated it is a great project which she started, and at this time there are two parks coming up for funding. Mayor Mulryan agreed. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution authorizing expenditures for the two parks, Gerstle and Victor Jones. RESOLUTION NO. 8117 - AUTHORIZING $27,600 EXPENDITURE FROM THE PARK AND RECREATION FACILITIES FUND FOR TWO CITY PLAYGROUNDS (Gerstle and Victor Jones Parks) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEBMERS: None 18. PUBLIC HEARING - TS86-4 - APPEAL OF PLANNING COMMISSION DECISION OF AUGUST 29, 1989, APPROVING TENTATIVE MAP FOR 28 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION LOCH LOMOND #10; LAS CASAS & INVERNESS DRIVE; 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. Planning Director Pendoley briefed the Council, stating that at the January 16th appeal hearing, Councilmembers had asked ten questions of the consultants, Public Works and the Planning staff, which he has summarized in the staff report. He then discussed public versus private ownership, and stated that staff and the Planning Commission have recommended that the undeveloped open space and the various drainage and debris control devices (mitigation devices) should be owned and operated by the City, with maintenance costs to be paid by Loch Lomond #10 homeowners through a Mello - Roos District. He gave the three reasons for this recommendation: 1) The basic natural hazard is pre-existing and is not created by the proposed development; 2) The drainage and debris containment devices have a substantial public benefit in that they reduce existing flooding and slide hazards to downstream residents, and the fact that there is a substantial public safety benefit involved suggests that the facility should be owned and maintained; and 3) The facilities will not work if they are not regularly maintained, and it is appropriate for the City to assume maintenance since they can control it thereby. Mr. Pendoley then discussed liability under public ownership, stating that if open space and mitigation devices are City -owned and operated, San Rafael will have the same liability as it has for other facilities it owns and operates. However, unlike the case with most other public property, the City can reduce its financial exposure, but not the legal liability, by requiring the property owners to contribute to the City's self-insurance fund through the Mello -Roos District. He added that the City has liability coverage for downstream damage through the self-insurance JPA (Joint Powers Agreement). Also, proper maintenance of the mitigation devices would reduce the likelihood that liability would actually be incurred. Under private ownership, Mr. Pendoley stated it would give the City a defense to claim, but does not totally exempt the City from liability. He added that some greater or lesser degree of liability, or no liability at all, may be found depending on the facts of the case. He noted the privately owned drainage facilities usually are not eligible for State and Federal disaster relief grants. SRCC MINUTES (Regular) 2/5/90 Page 3 SRCC MINUTES (Regular) 2/1J, J Page 4 Mr. Pendoley then discussed the aspects of control under public versus private owner- ship. He stated that public ownership gives the City the same ability to assure effective maintenance and operation of the drainage and slide mitigation devices at Loch Lomond #10 as it has for public streets, storm drains, buildings and other infrastructure, and the Mello -Roos District provides a flexible, dedicated and perma- nent revenue source for maintenance, repair and replacement. He noted that the condi- tions to be imposed under public ownership would be difficult to enforce and thus may not provide the desired control of maintenance. Regarding liability prior to build -out, Mr. Pendoley stated that under public ownership the City would follow its usual policies to avoid liability for public improvements prior to the project build -out, including requiring the developer to post construction bonds and liability insurance and not accepting the public improvements (including the open space and mitigation devices) until the project is complete. Under private ownership, Mr. Pendoley stated that responsibility for the open space and mitigation measures would transfer to the Homeowners Association when a majority of the homes had been sold. He noted that the subdivision conditions must specify the method and timing of the transfer to protect the City. He stated that on this issue, private ownership has no particular advantage or disadvantage to the City. Mr. Pendoley then reported on bonding to reduce liability, stating that with public ownership there is no need to secure a performance bond to assure proper maintenance since the City would be doing the work, and that the open space and mitigation devices would be covered by the JPA for general liability. Mr. Pendoley added that under private ownership, brokerage firms would require that a performance bond to assure maintenance be fully collateralized in cash with an annual interest fee of 3%. He stated that if the replacement cost of the mitigation devices were $500,000, the property owners would have to maintain a $500,000 deposit and pay an annual cost of $15,000. He added that annual costs for general liability insurance for an HOA would range from $20,000 for one million dollars coverage, up to $40,000 for ten million. He noted that the City's self-insured liability coverage is ten million dollars with a $500,000 deductible. Mr. Pendoley concluded by stating that the total financial responsibility of the HOA would range from $50,000 to $70,000 per year depending on the amount of liability insurance, and the cost to each of the 27 house lots, excluding the Below Market Rate (BMR's), would range from $1,850 to $2,590 per year. He added that this estimate assumes that the developer would collateralize the performance bond. Mayor Mulryan inquired of Mr. Pendoley about the Mello -Roos annual cost of $15,000, and in the staff report there is reference to ear -marking them to the City's self- insured fund, in effect into a pool against which maintenance or liability, or both, could be drawn. He questioned how the $15,000 figures when the assets are worth $500,000 to a million dollars. Mr. Pendoley responded that when this issue came before the Planning Commission the actual estimate was $7,500, and they recomRended a budget of $15,000 in order to save up funds to replace. He stated if the City wished to go further and require an annual contribution to the self-insurance fund, that cost could be raised above the $15,000. Mayor Mulryan responded that if the City decided to go public they could decide on the annual cost and create a fund. Mr. Pendoley agreed. Councilmember Thayer stated she had trouble with the $15,000 figure. Since the estimat- ed cost of construction of the drainage is $2,175,000, she inquired what is the mainte- nance going to cost with regard to Public Works, plus the cost of administering the Mello -Roos District. She pointed out there is no data in the staff report about how that would be done or how the City can come up with the manpower to do it. Mr. Pendoley responded that it is very important that it not be underfunded. He added that the mitigation devices and drainage will be significantly less than the $2,175,000, because most of that figure is streets and site preparation. He stated the City would want to be satisfied that this fund could, over time, cover the cost of replacement. He noted that maintenance on the devices would be done several times before and during the rainy season, and mucking out the debris at the end of the rainy season. He stated that if the City decided to go with this method they could require an Engineer's Estimate prepared by an outside consultant and we could be sure the replacement costs were capitalized as well. Councilmember Thayer inquired about the $500,000 deductible, and Mr. Pendoley responded the City could require the developer to participate, or have a sinking fund, or both. Mayor Mulryan inquired if it is possible to set a moderately high rate from which the City could fall back on, and Mr. Pendoley stated it was possible, and that was what Mr. Bort had suggested. Councilmember Boro stated it seems the City should be funding a part-time position at least, to do the monitoring during the rainy season. He stated he is not satisfied SRCC MINUTES (Regular) 2/5/90 Paqe 4 SRCC MINUTES (Regular) 2/5 ) Page 5 the Council knows all the facts, and questioned how they could approve the proposal when they do not know what the amount would be for the homeowners. He stated he feels uncomfortable. He stated that three or four years down the road if the fees became exorbitant he feels the homeowners might try to abolish the District. Mr. Boro added that it appears to him that much of the improvements are to benefit the existing residents, not only the new potential residents. Attorney Daniel Bort stated that while the downstream residents will benefit, the plans are for the benefit of the new property owners. Councilmember Boro inquired how they can assure the permanency of the District, and can the homeowners break it. Mr. Bort responded that they will have no legal right to break it. He stated that the statute of limitations will run before all the homes are purchased and the homeowners will know that before they purchase the homes. He noted that the process can not go forward unless the Council votes for it. Mr. Pendoley inquired would the ability to dissolve the District be the same as an Assessment District, and Mr. Bort responded it would not, because there would be no bonds. Councilmember Breiner pointed to the fact that on page 26 of the WESCO report there is reference to "cleanup necessary", which is another example of maintenance costs. Councilmember Thayer referred to the Environmental Impact Report (EIR) addendum where there was reference to borings not being taken because of the danger involved. Mr. Pendoley explained that at the last meeting, Mr. Van Houten stated that in order to do that you would have to put the roads in an area not planned for development, and it would increase the risk. He stated that in view of the downstream mitigation, the buttress repair system is recommended. Councilmember Thayer noted that several alternatives to the project were never explored in the EIR, and one is whether there is the possiblity of an open space district. She stated they could consider funding for some open space. She noted that lots 1 through 11 are the most troublesome. Mr. Pendoley responded that this had been discussed by the Planning Commission, and the State had no interest in the open space district, and that alternative was explored, with all appropriate agencies being checked. He stated that with regard to not develop- ing in the western portion of the site, it had the most important mitigation. They were to go down to bedrock and replace the soil with new material. Mayor Mulryan called on Geologist Van Houten for a report, who explained with the aid of a map the areas in which there were no test borings, stating that test borings are used to develop information which cannot be seen. He stated that if you can see the rock there is no purpose in making a boring. He added that accessing into the steep areas would definitely be disturbing. He stated that there was surface informa- tion obtained in those areas when the rock was not exposed, by hand -testing. He added there were geophysical methods used in the other open areas to see how deep the rock was. Councilmember Breiner inquired about avalanche potential, and whether there could be a problem with the ancient slide. Mr. Van Houten responded there was not potential there, because it is mature. He pointed out the drainage system is being planned for the eastern side. Councilmember Breiner then inquired, if the development were to go into the area would there be a problem with pools, and Mr. Van Houten said there could be a problem with emptying them. Mr. Mel Croner of Loch Lomond Homeowners Association stated he has lived in the area for 20 years and has been flooded twice. He stated he is not against development, but he is against development which does not make sense. He added that the project has had a long and difficult history, and is potentially dangerous. He stated he feels the alternatives have not been thoroughly analyzed, and perhaps they could go with less development. He stated it is an acknowledged unstable area. He added he would like to be assured that the mitigation devices will work, since he is worried about the damage downstream if they do not. He stated Mello -Roos would be a burden on the new homeowners, and not on the developer. He asked for monitoring on a regular basis. Councilmember Thayer inquired if the downstream homeowners could sue the City if the mitigation measures failed, and City Attorney Ragghianti stated they could sue the owners of the uphill property but he would expect they would also sue the City. Mr. Robert Marx cited the additional traffic this development would cause and objected to the cost of the housing. He also expressed concern regarding compliance with the Slope Ordinance. Mr. Jeff Mulanax of 4 Highland Avenue also expressed concern regarding compliance with the Slope Ordinance, and recommended less houses being built on the site. SRCC MINUTES (Regular) 2/5/90 Page 5 SRCC MINUTES (Regular) 2/5, Page 6 Ms. Barbara Schmidt of San Anselmo expressed concern about the additional traffic on San Pedro Road, lack of affordable housing, and also concern about whether the treatment plants can handle the additional sewers. Mrs. Gale Ostlind cited previous flood damage in her area, and stated she could not tell from the maps how her property would be affected, but urged the Council to be cautious in making their decision. Mrs. Marianne Shaw stated she is not satisfied with the soils reports and the testing. She said her main concern is the slope stability. Attorney Al Bianchi, representing the sponsors of the development, urged the Council to consider the "reality" of the proposal, and focus on the remedy regarding potential liability on the part of the City. He stated that this project reduces the potential for any liability the City might have, because the potential damage would be minimized. Mr. Bianchi pointed out that reducing the number of units does not reduce the cost, but reduces the number of units among whom the cost can be spread. He noted that this developer's firm has been in the area for more than 83 years and have had no lawsuits or structural failures. He noted they have built over 400 homes in Marin, as well as other buildings. Mr. Bianchi added he feels that the reality dictates that everyone has studied this problem and the questions which came up in the 1985 survey have been answered. He asked that the Council take action this evening. There being no further public input, Mayor Mulryan closed the public hearing. Councilmember Shippey stated he has heard tonight from more than one, about the present problems of flooding. He stated that some of the mitigation devices will help that, but inquired what percentage of flow reduction should be accomplished. Public Works Director Bernardi stated that the problem with the downstream system in the past was that it was loaded with debris, and that these devices will capture that material. He stated that, to the extent the upstream facilities are maintained, the system will work. Councilmember Shippey noted the dramatic difference in insurance costs, and inquired about the cost of the City insuring itself. Mr. Pendoley responded that according to the underwriting consultants, it would not be possible to underwrite that for a City. He stated a homeowners association can get liability insurance cheaper than the City can. Finance Director Coleman stated that the cost of the City's participation in the JPA would having nothing to do with the exposure, because it is based on the City's payroll. He said the City would be responsible for its pro rata share of the loss. Councilmember Boro stated the City will assume the ownership of the open space, and he is concerned about remarks about the slope situation off-site. He noted that there is no representative from Harding -Lawson present, although the Council had requested that a representative attend this meeting. He stated he is concerned about the City taking ownership, if we permit the developer to go ahead and do not go with Mello -Roos. Mayor Mulryan responded that Councilmember Boro is saying we cannot quantify the current danger. Councilmember Boro responded that is why the Council wanted a report from a Harding -Lawson representative. Councilmember Thayer stated she shares those concerns, and does not feel they were addressed. Mr. Pendoley noted a representative of Harding -Lawson was supposed to be there. Councilmember Thayer stated she does not feel the Council has examined the economic implications of a Mello -Roos District, and she does not feel comfortable with approving this project. Mayor Mulryan stated there is a lack of nexus with development changes, and some overall concern about Mello -Roos. He suggested that on those narrow issues, if Harding - Lawson can attend a meeting or submit a report a decision could be reached. Councilmember Thayer stated she would like an alternate funding mechanism. Councilmember Breiner added that the Council needs to hear from Harding -Lawson, noting that this is one of the most hazardous proposals the City has had. The Public Hearing was reopened and continued to the March 5, 1990 meeting. 19. PUBLIC HEARING - TO CONSIDER: (Fin) - File 4-3-32 a. REQUEST FOR RATE INCREASE FOR RECYCLING Mayor Mulryan declared the Public Hearing opened. He mentioned that the hearing is SRCC MINUTES (Regular) 2/5/90 Page 6 SRCC MINUTES (Regular) 2/51 Page 7 in three parts, the first being a request for a rate increase for recycling. Finance Director Coleman briefed the Council, stating that last April the Council authorized an increase in the recycling fee from $1.00 to $1.25 per month. He added that now, Marin Recycling is requesting an increase to $1.90 per month, but that Deloitte & Touche has analyzed the financial data supplied by Marin Recycling and recommends an increase to $1.75 per month. He noted that this amounts to a 40% increase in the surcharge and an overall increase in revenue of 11%. Mr. Coleman noted that expenses are expected to increase 2.1% in 1990, while salvage revenue is expected to be flat. This will produce a projected loss of $331,743 unless revenues are increased 11%. Mr. Coleman noted that Erik Gilberg of Deloitte & Touche is present, if the Council has questions. Councilmember Boro inquired of Mr. Gilberg, the staff report refers to a loss of $265,000 because the fees were not high enough in 1989 to offset an operating loss. He asked if this is a one-time loss, and will it decrease or be eliminated in 1990. Mr. Gilberg responded that this is a one-time item. He stated they are not going back and reimbursing the company for any costs which were not provided for any loss last year. The company is taking that as a loss. He added they are asking enough of a raise this year so that does not reoccur. Councilmember Breiner stated that the record should show, and the public should realize, that the Council had been advised last year to approve a higher rate, and had chosen not to. Mayor Mulryan stated that was due to the change in the market for the recycling. Mr. Gilberg agreed. Councilmember Thayer moved and Councilmember Boro seconded, to adopt a Resolution setting the recycling rate at $1.75. RESOLUTION NO. 8118 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Marin Sanitary Service as Agent for Marin Recycling and Resource Recovery Association (22nd Amendment to Agreement, Setting Recycling rate at $1.75, effective 1/1/90) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. CONSIDERATION OF DEREGULATION OF DEBRIS BOX RATES Finance Director Coleman stated that this is a result of the court settlement which requires the City of San Rafael to regulate the Grange Debris Box rates to the same extent as the rates for Marin Sanitary. He added there is a problem, because if the Council decided to regulate the debris box rates, he has nothing in the way of making a recommendation at this time because he has no financial data from Grange, nor an agreement with Grange to do that. Mr. Coleman said the Council has two options: To deregulate the rates, or postpone action until data is received from Grange, at which time rates may be set. He pointed out that the two businesses are very different operations. He said the simplest way would be to deregulate now. Councilmember Boro stated it may be easier to deregulate, but he is not convinced that it is in the best interests of the public at this time. He stated he is surprised that the information is not available on Grange, because it was part of his court action. Also, Grange was to keep the same rate as Marin Sanitary. Councilmember Boro said he would like to go back and review the agreement the Council reached last week from the arbitrator and specifically study what it said about that and compare it with this report. He added he does not see the problem with regulating both with the same company, which is what was called for in the settlement. Councilmember Shippey inquired if San Rafael is the only city regulating debris boxes there must be some reason and wondered if it was economics. Mr. Coleman responded that the other cities just do not want to. Councilmember Breiner stated it would be difficult to regulate part of a business and not the other. Mayor Mulryan pointed out the two have to be separately monitored and separately accounted for. The Council agreed to continue the Public Hearing (on consideration of deregulation of debris box rates) to the March 5, 1990 meeting, to give staff time to gather the necessary background information. c. REQUEST FOR RATE INCREASE FOR REFUSE COLLECTION Finance Director Coleman briefed the Council on the four reasons for the 11.5% rate increase request. They are: 1) Approximately 66% of the increase for 1990 is the result of a 40% increase in the dump fees; 2) The second major reason is the cost SRCC MINUTES (Regular) 2/5/90 Page 7 SRCC MINUTES (Regular) 2/F-'0 Pgae 8 of new residential garbage containers which will be distributed to all customers in San Rafael south of Puerto Suello Hill; the containers are currently being used in Terra Linda; 3) The third major reason is the cost associated with the Grange lawsuit; and 4) A one-time charge of $150,937 for repairs which were not included in last year's figures. The first and third portions of the Public hearing were closed. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution granting a rate increase to Marin Sanitary Service of 11.5%, as amended to delete paragraph 5 re debris boxes. RESOLUTION NO. 8119 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Marin Sanitary Service - 23rd Amendment to Agreement, for 11.5% increase, effective 1/1/90) (as amended) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. PUBLIC HEARING - s99-15/ED89-45; APPEAL OF PLANNING COMMISSION'S DENIAL OF A TWO LOT SUBDIVISION WITH DESIGN REVIEW PERMIT; ONE HIGHLAND AVE.; JIM SKAAR, OWNER & APPELLANT; B. SCHENCK & M. BURGESS, REPS.; AP 15-202-37 (P1) - File 10-8 Councilmember Breiner left the meeting, disqualifying herself because of possible conflict of interest since her residence is in close proximity to the site under consideration. Mayor Mulryan declared the Public hearing opened. Planning Director Pendoley briefed the Council, stating that the Planning Commission denied the application for this two -lot subdivision after review, on November 14, 1989. In reviewing the history of the site, Mr. Pendoley mentioned that in February of 1989 the Planning Commission had approved a three -lot subdivision which was later denied by the Council on appeal from the Montecito Homeowners Association. He noted that the Council had based its denial action on findings that approval of the subdivi- sion would require exceptions to the Subdivision Ordinance for lack of street frontage and access over a private right-of-way. Mr. Pendoley stated that the subdivision now proposed would create one additional lot downslope to the southeast from the existing residence. He added that this develop- ment would be very similar to the denied project, except that a third house previously located midway up the driveway has been removed. He further described the proposed project, stating that the Planning Commission had found that the project's consistency with the intent of the General Plan had not been demonstrated. He added that in order to grant the access exceptions, the Council must find that there are special circum- stances or conditions affecting the property; that the exceptions are necessary for the preservation of substantial property rights; and that the project will not be detrimental. Mr. Pendoley added that the Planning Commission found that the facts do not support these findings. He noted that the Commission's Resolution is attached to the staff report and fully explains the basis for the Commission's action of denial. Attorney Terrel Mason, representing the appellant, gave the Council a history of the site, noting that Mr. Skaar, the owner, has eliminated one lot, and the visual impact because of the location of the proposed site has been eliminated. He said the site is in a grove of trees and is not visible from San Pedro Road or the high school. Regarding the visibility of the retaining wall which will be built when the road is widened, Mr. Mason stated it will be 72 - 8 feet, to 12 feet, and part of it will only be 2 feet high. He said the soils report has been submitted and is not an issue. He stated the new building would be on a flat area, not a slope, and there will be some improvements to the driveway, including a turnout area. He noted that the 9 - 10 foot wall will be a crib wall, with vegetation within, and will not be a solid wall. Mr. Bill Schenck, representing Mr. Skaar, showed photos of the site from the Montecito area, noting that a large tree mass obscures the site. He pointed out the difference between this proposal and the previous one. He said the house is now clear of the rock outcropping. Mr. Jeff Mulanax of the Montecito Neighborhood Association objected to the proposal because of visibility, increased traffic at the five -way intersection, the large wall which would have to be built when the road is widened, and also because of the unstable soils. Mr. Cliff Elbing of the neighborhood, stated this is not a dedicated street, and the road should be 25 feet wide to give fire and garbage trucks access and turnaround space. He added that the sewers are not big enough and it would be very difficult to get the lines connected to the City sewer line. SRCC MINUTES (Regular) 2/5/90 Page 8 SRCC MINUTES (Regular) 2/5, Page 9 Mr. Bob Grimes who lives next door to the property did not agree with the contention that there will be no visual impact. He also noted that this property is on a 40% slope. Mrs. Marianne Shaw asked Council to deny the project. Attorney Mason responded that a fire hydrant is proposed, and a fire truck has gone up the road as it exists, and did turn around. Mayor Mulryan declared the Public Hearing closed. Councilmember Shippey asked what information has the Council heard tonight that the Planning Commission did not hear, and Mr. Pendoley responded that they did not have the benefit of the photographs. Councilmember Shippey moved and Councilmember Thayer seconded, to deny the appeal and reaffirm the conclusions and findings of the Planning Commission. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned to the meeting). 21. PUBLIC HEARING - GPA89-2 - EAST SAN RAFAEL NEIGHBORHOOD PLAN - CERTIFICATION OF NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT (P1) - File 218 Mayor Mulryan declared the Public Hearing opened. He then called upon Senior Planner Jean Freitas for a staff report. Ms. Freitas inform- ed the Council that in December of 1988 an 18 member Neighborhood Advisory Committee was appointed to assist in Plan development for the East San Rafael Neighborhood Plan. The committee identified issues of importance to the neighborhood which the Plan should address, including land uses for the Bellam Boulevard site, street sweep- ing, abandoned vehicles, community design, parks and police services, among others. She briefed the list of recommendations within the draft Plan, including neighborhood park development; a potential child care center on the City's Bellam site; an ongoing litter campaign; improved property maintenance and design; evaluation of parking standards adequacy; a new ordinance to require apartment and business owners to clean sidewalks, curbs and gutters around their property; adding regular hand -sweeping of streets and consideration of a "tow away"/mechanical street sweeping program; continued/additional Police Department staff including abandoned vehicle sweeps, and increase in staff as calls for service increase; inclusion of an East San Rafael representative on the Marin Health Services Council; highest funding priorities for an additional park development program; an ongoing litter campaign and stronger/expanded litter enforcement. The recommendation included highest park funding priority to be for acquisition and development of the Canal/Harbor Park. Mayor Mulryan stated that this is a very fine report, and a very well -conceived plan. He noted there are a number of cost items as yet unfunded, and asked if that is con- sistent with the Negative Declaration. Mr. Pendoley responded that while the California Envivironmental Quality Act (CEQA) allows you to look at economic impact it does not require you to. He stated there could be budget impact, involving decisions to do all or some of the things recommended. Staff does not feel that any of them, in and of themselves, is liable to have a signi- ficant impact on the physical environment. As such, staff feels this qualifies for a Negative Declaration. Mr. Ralph Crocker, who had been a member of the Advisory Committee, commended staff for a great job. He stated he is supportive of the Plan as a whole, and called special attention to paragraph 3 on page 6 of the staff report regarding the land use for the City property at the end of Bellam Boulevard and urged that it be used as a park site. He also called attention to the Marin Conservation League letter of January 25, 1990, regarding protection of the Canalways wetlands and the need for their preser- vation. Mayor Mulryan expressed thanks to the members of the Advisory Committee for their part in putting the Plan together. Mr. Paul Silva, a resident of the area and former member of the Advisory Committee, spoke regarding increasing Police services, the necessity for parks because of the density of the neighborhood, and ordinances which would put teeth into the rules. He supported the cleanup and maintenance of property by the owners, and urged that the Bellam site be considered for a park. He also urged tow -away of the abandoned cars, and stated they are looking to the Council for leadership. SRCC MINUTES (Regular) 2/5/90 Page 9 SRCC MINUTES (Regular) 2/5 ' Page 10 Ms. Kathy Campbell of the Canal Community Alliance stated that the Planning Commission and Planning Department staff did a wonderful job, and she thanked Jean Freitas for coordinating. She noted that the majority of policies will go into the General Plan. She stated the most significant aspects are the parks and recreation, child care, parking and street sweeping, and feels the Plan is not strong enough on Police services and health services. She stated whe would like to see a breakdown of the Canal area health service including alcohol and drug abuse. She noted that when there is a multi- cultural, low income element from oppressed countries in an area, the people need the leadership of the City of San Rafael. She stated she is very supportive of the Neighborhood Plan. Mayor Mulryan stated that the Council is aware of the multi -cultural nature of the Canal area, and Ms. Freitas stated that the Planning Commission was interested in the idea of an ombudsman so people would have someone to go to. Mrs. Jean Starkweather, representing the Marin Conservation League (MCL), stated that we should do all we can to enhance that area and make it look better. She added that MCL supports the Plan, and the placement of the parks. She stated that one aspect the MCL would like considered is the Canalways property, which is a wetland, 3 feet below sea level, and a wildlife habitat. She added that she hopes the City can be creative and protect this valuable habitat for the hundreds of herons and egrets which nest on the West Marin Island just offshore. Mr. Don Foster, a member of the former Advisory Group, thanked the Planning Commission and Ms. Freitas, and stated that the City should be commended for following this procedure, which was very successful. He said he hopes this procedure will be followed when the City develops future neighborhood plans. Ms. Lynn Davis of MCL expressed her thanks to the Planning Commission and Planning staff for their work on the Plan. Mrs. Deborah Paolino emphasized the need for adoption of ordinances to put more respon- sibility on the people who own the buildings to improve the area. She also suggested rotational parking, as is done in San Francisco. There being no further public input, the Public Hearing was closed. Councilmember Boro mentioned the overcrowding of the units, and asked staff to check with the City Attorney's office about having an ordinance regulating the number of people in a unit, based on square footage. He stated he would like information from Planning on what would be the most workable, and recommended adding that element to types of violations as the City sees them, to control the density. He stated that should be part of the Plan. Mr. Boro added that they are ready for the tow -away recom- mendation. Councilmember Shippey stated he would like to see the Canalways area rezoned for open space. Councilmember Breiner asked if a date could be set for staff to come back to the Council regarding the items discussed, and Mr. Pendoley stated the first meeting in April would probably work. Copuncilmember Boro recommended that staff take the items just discussed, and give the Council dollar amounts, so they will know what they are adopting. Mr. Pendoley responded he would have to ask the various departments for their part, as an element of the budget process, along with time frames. Councilmember Boro pointed out that there is a General Plan with priorities, and now a Neighborhood Plan with priorities. Mayor Mulryan stated that the implementation must be done very carefully. Councilmember Breiner moved and Councilmember Thayer seconded, to certify the Negative Declaration for the East San Rafael Neighborhood Plan. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. REPORT ON MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN (P1) - File 170 Senior Planner Freitas listed the major concerns regarding the proposed Countywide Plan Advisory Committee, which are: 1) Recommending increased representation by San Rafael, to overcome a possible veto power; 2) Identification of the standards to be part of the sales tax study is strongly recommended; 3) Definition of a "Major Project". SRCC MINUTES (Regular) 2/5/90 Page 10 SRCC MINUTES (Regular) 2/E 'I Page 11 Mayor Mulryan recommended that a letter be sent to all cities in the County, so that they will know San Rafael's position. Councilmember Boro stated that the recommendation regarding representation by the City is only right, since most of the projects will be by San Rafael, Novato and the County. Councilmember Breiner stated that out of the set-aside monies there should be something provided for local administrative costs. Ms. Elissa Giambastiani of the San Rafael Chamber of Commerce stated the Chamber supports the staff comments in the report, and are concerned about creating an entity which has power over local jurisdictions. She urged that the City continue to increase affordable housing. Councilmember Boro stated we must make it difficult to veto a project. The Council approved forwarding the staff's recommendations to the County Planning staff and to the cities, stressing the major concerns of veto powers, and definitions of major projects and planning standards. 23. CONSIDERATION OF MEMBERSHIP IN THE GLOBAL CITIES PROJECT - File 120 The Council reviewed a letter from the Town of Tiburon, stating that on April 22, 1990, cities and towns around the country will join together as part of the Global Cities Project to sponsor Earth Day 1990. The City of San Rafael is invited to join in this endeavor. The letter included a description of Earth Day events, and added that membership in the Global Cities Project entails a nominal fee based on the size of the city or county. For San Rafael the fee would be $500, based on population. Councilmember Boro moved and Councilmember Shippey seconded, to approve the City of San Rafael joining in the Earth Day 1990 Global Cities Project, and sending the membership fee of $500. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. STATUS REPORT ON PIT BULLS, ORDINANCE NO. 1557, ADOPTED FEBRUARY 6, 1989 (CA) - File 4-13-54 x 13-3 x 9-3-16 The Council reviewed the Dangerous Animal Ordinance which was adopted in February of 1989, and Councilmember Thayer stated there are many drug dealers who have pit bulls. Mayor Mulryan inquired if the City of San Rafael can ban pit bulls from its confines, and City Attorney Ragghianti responded that he does not believe so. He stated it is a question of defining them, and pit bulls are a generic breed. Attorney Ragghianti was requested to provide the Council with a copy of an ordinance from another City which addresses the subject of pit bulls, which has been determined to be constitutional. The Council will then review and discuss the ordinance. ►e1p71INQ LOCATION AND DESIGN OF PROPOSED COUNTY JAIL - File 10-2 Mayor Mulryan stated he would like to add an item, regarding the City's objection to the location and design of the proposed County jail. Councilmember Thayer moved and Councilmember Breiner seconded, to hear this item as an urgency item. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan then requested that the Planning Director or his designee express the Council's opposition to the proposed jail design and location, to the Board of Supervi- sors at their meeting on February 6, 1990. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 2/5/90 Page 11 - - SRCC MINUTES (Regular) 2/5. Page 12 There being no further business, Mayor Mulryan adjourned the meeting in memory of Rusty Ghilotti, a dedicated citizen of San Rafael, and former member of the Fire Commission, who passed away Monday, February 5, 1990. ADJOURNMENT: 12:30 A.M. JEANNFJ O CINI, �yCler' APPROVED THIS DAY OF 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/5/90 Page 12