Loading...
HomeMy WebLinkAboutCC Minutes 1990-10-01SRCC MINUTES (Regular) 10/1/90 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 1, 1990, AT 7:00 P.M. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No litigation was discussed. 1. No. 90-20(a) - V. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 1, 1990, AT 8:00 P.M. Regular Meeting: San Rafael City Council: Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Tessie Belue, Assistant City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Thayer moved and Councilmember Breiner seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of September 17, 1990 (CC) 4. Report on Bid Opening and Award of Contract - Gerstle Park Playground Improvements (PW) - File 4-1-441 5. Request to Waive City Fees for Remodel at 393 Nova Albion Way (Nova House) (PW) - File 9-3-32 x 9-3-40 6. Request from Downtown Merchants Association for Closure of City Streets for the Fourth Street Mile, a Public Benefit Event on October 14, 1990 (PD) - File 11-19 x 183 7. Adoption of Resolutions (2): (CM) File - 7-3 x 9-3-11 a. Amending Resolution No. 8098, Pertaining to the Compensation and Working Conditions for Management and Mid -Management Employees b. Amending Resolution No. 8081, Pertaining to the Compensation for City Manager RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8247 - RESOLUTION OF AWARD OF CONTRACT (To Bauman Landscape, Inc., low bidder, in amount of $56,927). Approved waiver of fees, of approximately $1,000. Approved staff recommendation for closure of 800 block of Fourth St., and partial closure of Cijos St., Lootens P1., Fifth Ave. & Lincoln Ave. RESOLUTION NO. 8248 - AMENDING RESOLUTION NO. 8098 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (4% + $25 salary increase 7/1/90; 2% increase 1/1/91). RESOLUTION NO. 8249 - AMENDING RESOLUTION NOS. 7268, 7478, 7870 AND 8081 TO INCREASE THE SALARY OF THE CITY MANAGER (4% + $300 annually & 3% compaction adjustment to $84,998 annually, 7/1/90; 2% 1/1/91 salary adjustment to $86,698). SRCC MINUTES (Regular) 10/1/90 Page 1 9. Claims for Damages: a. James Draper (PW) Claim No. 3-1-1506 b. Wanda Ann Lee (PW) Claim No. 3-1-1514 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: SRCC MINUTES (Regular) 10/1/90 Page 2 Approved City Attorney's recommendation for denial of claims a & b. Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None Mayor Mulryan abstained only from voting on the minutes of the meeting of September 17, 1990, due to absence from meeting. The following items were removed from the Consent Calendar for discussion: 3. EXTENSION OF TIME FOR COMPLETION OF SUBDIVISION IMPROVEMENTS - OAKWOOD UNIT NO. 5 (PW) - File 5-1-244 Mayor Mulryan stated that it would appear from the staff report that the additional measures have been agreed to by the developer. Public Works Director Bernardi responded that staff had met with members of the West End Neighborhood Association and Paul Felton, the developer, and the residents' concerns were addressed by Mr. Felton regarding the winterization of the slope. He added that the City, also, is going to be installing a small piece of storm drainage to solve some local drainage problems on Spring Grove Avenue. The City will be installing it at the same time the developer will be running the drainage pipe down to Greenfield Avenue. Mr. Bernardi stated that at this point in time, everything has been worked out. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution granting the time extension for Oakwood Unit 5. RESOLUTION NO. 8250 - EXTENDING TIME FOR THE COMPLETION OF SUBDIVISION IMPROVEMENT WORK - OAKWOOD UNIT 5 (To and including April 11, 1992) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. STATUS REPORT ON BAYWOOD TERRACE SUBDIVISION, BRET HARTE ROAD; JOHN HOFFMIRE, OWNER; AP 13-271-29 (PW) - File 5-1-314 Mayor Mulryan stated that this project, like the previous one, involves winterization and he wanted to make sure that the winterization specifics for this project have been agreed to. Mr. Bernardi responded that erosion control amenities are already on the site, and they need to be maintained. New hay bales need to be brought in and some hydroseeding needs to be done. He added that Mr. Hoffmire, the developer, has agreed to do that by October 15th. Mr. Bernardi noted, also, that there is some dirt piled up against the tops of some slopes, which Mr. Hoffmire's soils engineer has agreed should be removed so there will not be a possibility of it going into the backyards below. Mr. Hoffmire has agreed to do this. Mr. Bernardi noted the petition from Mrs. Shirley McClung, distributed to the Council, which addresses responsibility for any damage to their homes when the rains begin. Mr. Bernardi stated that the City is indemnified through an agreement with Mr. Hoffmire that should any damage occur as a result of his project, that he holds the City harmless and is responsible for any damage which his project might cause. Mayor Mulryan inquired of Mr. Bernardi if he is comfortable that the steps the developer has agreed to are sufficient to make this a safe situation, and Mr. Bernardi replied that he is. Councilmember Thayer stated she would like to see regulations to cover subdivisions which have not been completed. She inquired as to what can be done. SRCC MINUTES (Regular) 10/1/90 Page 2 SRCC MINUTES (Regular) 10/1/90 Page 3 Public Works Director Bernardi responded that staff is looking toward modifying provisions in the Subdivision Agreements to make it clear as to what a developer must do, with definitive times regarding certain work being done. Also, the conditions of approval can include necessary regulations. Councilmember Boro noted that the work is to be completed by October 15th, and inquired at what point will the City step in if the developer does not start in time to have the work completed by October 15th. Mr. Bernardi responded that an abatement proceeding takes 90 days, but the City could step in and have the work done, and bill the developer. Mayor Mulryan directed staff to make sure the work is done, and Mr. Bernardi stated he will. Councilmember Breiner stated there are safety issues, involving the possibility of youngsters playing around the excavated areas and the concrete. Mr. Bernardi agreed that is where the fencing is needed, and added he had told Mr. Hoffmire he should consider his own liability. T1s. Breiner stated she would like a response regarding encircling the dangerous areas. Councilmember Boro moved and Councilmember Thayer seconded to accept the staff report. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DECISION OF AUGUST 28, 1990, RE DENIAL OF V90-12 - VARIANCE TO ALLOW A 5 FOOT FRONT YARD FENCE; 506 "C" STREET; VENKATESWARA/PARAMESWARI LAKIREDDY, OWNERS; AP 12-155-02 (P1) - File 10-4 Mayor Mulryan declared the Public Hearing opened. Planning Director Pendoley briefed the Council, stating that the Planning Commission on August 28th had unanimously denied a variance application, which involves a five-foot high masonry wall which has been constructed within the front yard of the residence at 506 "C" Street. He noted that the Zoning Ordinance limits walls and fences in a front yard to a maximum of three feet. Mr. Pendoley added that the applicant has said he did not realize he had violated the code and is requesting a variance. Staff continues to recommend against approval of a variance, since in staff's opinion and the Planning Commission's also, the three items necessary for findings to grant a variance do not apply to this project. He stated there are no exceptional or extraordinary circumstances or conditions; the granting of the variance is not necessary for the preservation and enjoyment of substantial property rights; and the granting of the variance will not materially affect adversely the health or safety of persons residing or working in the neighborhood of this property. Councilmember Breiner inquired, if the solid part of the fence is three feet high, could the upper portion be modified so the fence would comply. Mr. Pendoley responded there possibly could be technical compliance if, for instance, there were uprights just at the ends of the fence. He said that, however, in this case the entire structure is 5 feet. Mayor Mulryan agreed that it appears that if you took the spindles off it would be a three -foot -high fence. Councilmember Shippey pointed out the petitions from interested neighbors who appeared to be in favor of the fence. He inquired if any of the neighbors testified to the Planning Commission, and Mr. Pendoley replied they did not. Councilmember Shippey then inquired if there are any other exceptions to the Zoning Ordinance which would include a situation such as this, and Mr. Pendoley responded that the only way this type of situation can be handled is through the variance process. SRCC MINUTES (Regular) 10/1/90 Page 3 SRCC MINUTES (Regular) 10/1/90 Page 4 Mr. Lakireddy, one of the owners of the property, addressed the Council, and informed them he was out of the country when the matter came before the Planning Commission. He stated there are six-foot walls at the rear and side of the property and they did not know until the City Inspector informed them that the five-foot wall was illegal. He said there are many walls throughout the neighborhood. Councilmember Thayer inquired if the applicant knew how much the wall cost, and he stated he did not know, but that it was hand made. Councilmember Breiner explained to the applicant that there are probably some walls in the area which were there before this law was written. Bob Soldavini, next door neighbor to the applicant, stated that the solid part of the wall is less than three feet high. He said this is the prettiest place on "C" Street, and noted that there are fences in the neighborhood which are six or eight feet high, and one is two feet on City property, put up a couple of years ago. Alice Vipiana of the Dominican Area stated that in her neighborhood a wall was allowed which is six feet in some places and seven in others, and is solid cinder block. She said this fence is very beautiful, and if it is not allowed to remain and the City is sued she will testify on the applicant's behalf on the grounds of discrimination. A neighbor living across the street from the applicant stated this wall is very beautiful, and that the lights go on at 10 o'clock and go off at 3:00 in the morning and it does not bother him at all. Sandra Lollini of the Gerstle Park Neighborhood Association, noted the fence ordinance does get violated, but pointed out that in this case there had not been a fence there previously. She added that several neighbors have complained about the bright lights, and urged denial. Tim Casey, the architect for the house, stated that the fence was part of the original design, and he feels it compliments the architecture of the house. He stated the owners were apparently not aware of the ordinance. He feels the fence was done in a tasteful way, to mark the property and delineate what is public and what is private. He noted the neighborhood support of the fence, and stated that technically it is a three -foot -high wall with an ornamentation on the top 24 inches. It said it is in reality a three-foot wall. Sue Scott, Planning Commissioner, stated that she had heard from a neighbor that they did not object because they were trying to be welcoming. She stated she hoped that the Council would find that "good neighbors make good fences". There being no further public input, the Public Hearing was closed. Mayor Mulryan remarked it is a nice -looking wall, and noted that it was done without malice and in order to beautify the site. He noted it has general neighborhood acceptance, but he can understand the Neighborhood Association wanting to have the rules applied uniformly. He asked Mr. Pendoley about findings, and Mr. Pendoley responded he understands the Council's dilemma, but the rules are very simple and direct on this issue. Mayor Mulryan asked if Mr. Pendoley agrees with the architect's interpretation that this is a three-foot wall with ornamentation on top, and Mr. Pendoley stated he does not agree with that interpre- tation. Councilmember Boro stated it is unfortunate that when this came before the Planning Commission none of the neighbors spoke in support of it. He noted that this is not a solid fence, as some others which have come before the Council, and from his point of view it is really ornamentation on top of the wall. He stated that he respects the Homeowners' Association, but noted the neighbors' acceptance of the wall. He went through the necessary findings, and said he would like to find exceptions so the Council could grant the variance. Councilmember Boro moved and Councilmember Thayer seconded, to find exceptions and grant a variance. SRCC Minutes (Regular) 10/1/90 Page 4 SRCC MINUTES (Regular) 10/1/90 Page 5 Under question, Councilmember Breiner asked a procedural question, as to whether use permits would enter into such a situation. Mr. Pendoley responded that a use permit is for a use which may be allowed from time to time, depending on the circumstances of the property, whereas a variance is an exception to a measured standard. Mayor Mulryan recommended going to exceptional circumstances which would include the beauty, the acceptance, and the way it was entered into. He said that should be carefully tracked. Councilmember Boro said he would like to see staff bring back to the Council the issue of the lighting and if it is too bright, that should be addressed, and perhaps the time should be controlled. He said he feels the applicants would be willing to honor that point. Councilmember Shippey inquired as to how the other fences which are in apparent violation of the ordinance got by. Mr. Pendoley responded that they did not get caught. He added that some fences were there prior to the original date of the ordinance, or they are replacement fences and they are not easily noticed. He stated he is concerned about precedence, and said that could be avoided if the Council found that this fence is three feet high, with ornamentation, and that would avoid the necessity for a variance. He said the new Zoning Ordinance will give a much better definition of a fence and there will be less likelihood of having this sort of problem in the future. He added that the Council can make a consistency determination, if they desire. Councilmember Boro withdrew his motion to approve the variance. Councilmember Thayer withdrew her second. Councilmember Boro then moved and Councilmember Thayer seconded, that the Council find that the fence is three feet high and the rest of the fence is ornamentation and thus no variance is required. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Staff will bring back a Resolution with findings. Mr. Lakireddy thanked the Council, and promised to lessen the brightness of the lights, and shorten the timing. 11. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF URGENCY ORDINANCE TO AMEND BUSINESS LICENSE SECTION OF SAN RAFAEL MUNICIPAL CODE, CHAPTER 10.04, TO CHANGE METHOD OF DETERMINING BUSINESS LICENSE TAX (Fin) - File 9-10 x 9-12 City Manager Nicolai gave an overview, stating that staff is recommending adoption of an Urgency Ordinance, which basically amends the way in which business licenses are calculated. She stated this method allows the tax revenue to increase each year as gross receipts increase, and it is considered more equitable than other methods of computing the Business License Tax. She noted it is not intended to discriminate individually against any portions of the City. Councilmember Breiner asked what percentage of California cities use the gross receipts method of calculation. Finance Director Coleman responded that about 60% of California cities used this method about five or six years ago, and the percentage is probably higher today. Jeff Ehlenbach agreed that this appears to be acceptable, and will give the City a vested interest in all businesses, not just retail. He noted there is no provision for what will happen if the revenue is increased three -fold. He stated he would like more time to study and analyze the plan, and will not urge a "Yes" or "No" vote. Fielding Greaves of MUTA (Marin United Taxpayers Association) stated he is suspicious of the Ordinance because it is brought up as an Urgency Ordinance. He stated that if Proposition 136 is passed in November it would preclude an action such as this, and he urged the Ordinance not be approved. Clifford Elbinq complained about the business license and building inspection fees escalating. SRCC MINUTES (Regular) 10/1/90 Page 5 SRCC MINUTES (Regular) 10/1/90 Page 6 Mayor Mulryan explained that this is not an attempt to raise the tax, but to change the computation of fees so that a business with low volume will pay less and a business with high volume will pay more tax. Don Connor objected to this method, stating that in Oakland many businesses have closed since it was adopted five years ago. He asked if the computations would be followed closely, and Mayor Mulryan stated this scale could not change unless it came before the Council again. Councilmember Breiner noted the tax can go down, but not up. Nora Contini stated this Ordinance does not take into account the profit margin. Herbert Nienstedt of the Marin Builders Exchange stated the Builders Exchange supports fees when the necessity is shown. He said he has not had an opportunity to discuss this with the Exchange. He questioned who will be looking at the books to determine the tax, or will it be up to the individual business person. Finance Director Coleman stated that part of the figures can be audited by sales tax figures from the State of California. For others, the City would have to perform an audit or get information from the business regarding income. He stated that in most cases, they get the figures from the State. Mr. Nienstedt noted that there might be a problem on exemptions, since many businesses in San Rafael have contributed quite a bit on projects around the City, and it would be unfair when they have given up their profit for the City or the schools, to not make exceptions. He urged that kind of situation be accommodated. With regard to impact on the construction industry, Mr. Nienstedt noted that with regard to stickers for licenses, many vehicles on a construction job are replaced so that may be a problem to consider. Jeff Mulanax of 4 Highland Avenue urged that the Council wait for the passage of Proposition 136 before taking this action. Virginia Brunini stated she understands the Council wanting to get this Ordinance through before Proposition 136, and asked what is the impact on professionals or organizations which do not have sales tax. Finance Director Coleman responded their tax would be based on gross receipts, that it does not have to be sales tax. He stated that with a lawyer or real estate office, commissions or other revenue coming in would be considered gross receipts. City Manager Nicolai stated she understands the concern regarding the urgency and short period of time. She stated the rate schedules for the retail and professionals are even below the average of other jurisdictions. She added that staff has worked on this for a long period of time, and computed the schedule accordingly. Rick Lewis, Treasurer of the Downtown Merchants Association, stated his association does not have a problem with this Ordinance, noting that if you have a lot of employees you are doing a large gross, so the impact is not that much. There being no further input, the Public Hearing was closed. Councilmember Breiner noted that for people who have not seen the staff report, they may not realize that the City's business license schedule for the past few years has been based on the CPI. She noted that if Proposition 136 passes and the fees are frozen, a few years down the line it would be an intolerable situation. Mayor Mulryan added that if a business goes downward, this system would cause the tax to go down. Councilmember Breiner recommended that Mr. Coleman schedule a time to talk with interested people, in a workshop kind of situation, as to how the schedule is worked out. Mr. Coleman responded he would be willing to talk with a group. Councilmember Boro noted that this subject was discussed at the budget sessions. He stated the City cannot run at a deficit, and the Council and staff have been looking at all sources of revenue. He noted there has been a lot of pressure throughout the City and State to slow growth down. He added there is a shortfall in Capital Improvements and the City has been looking to find additional sources of revenue. He stated this is not being done in a hurry, and noted that there SRCC MINUTES (Regular) 10/1/90 Page 6 SRCC MINUTES (Regular) 10/1/90 Page 7 has been an advisory committee on alternative revenue sources for some time, and they have come back and reported to the Council. He assured the audience that the City is trying to be equitable. Councilmember Thayer pointed out problems the City has been facing, such as a shortage of police officers, money needed for Capital Improvements, and the shortage of Federal funding. She stated those are some of the reasons this is being done tonight. She noted it is a change in the methodology. Councilmember Boro inquired about the point made by Mr. Nienstedt regarding Marin Builders Exchange members and their contributions of services. Mr. Coleman responded that if it is "in-kind" or "no revenue" service or materials, it would be excluded from the gross receipts calculations. He stated he would have to look at the specifics of any situation before making comments, but he is certain it can be worked out. The title of the Ordinance was read: "AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10, CHAPTER 10.04 OF THE MUNICIPAL CODE TO CHANGE METHOD OF DETERMINING BUSINESS LICENSE TAX" Councilmember Breiner moved and Councilmember Boro seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and adopt Charter Ordinance No. 1596 (Urgency Ordinance) by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. FINAL REPORT BY SAN RAFAEL CHILD CARE TASK FORCE (Red - File 228 x 9-3-65 Recreation Director Sharon McNamee presented the highlights of the Child Care Task Force Report. She cited the need for the Task Force, presenting figures covering the present day, and projected to the year 2000. She explained the 28 -member ad hoc organization, which was convened to identify child care issues in San Rafael; develop a child care needs assessment; and develop a working plan of action. She stressed the need for maintaining momentum, for addressing the high cost of child care, need for additional information for the community, need to find additional funding sources, and the need for support networks. Ms. McNamee expressed concern about low -pay child care, and stated they will be working with the business community and the legislature to find options to reduce the cost. She noted the high cost of staff recruitment, and the need for sick child care. She stressed the need for a support network for times when the normal child care is not available. Ms. McNamee asked the Council to appoint a Councilmember to the Child Care Advisory Group, and also a Park and Recreation Commissioner. She stated that Nancy Percy is recommended as the City staff support person to the Advisory Group. Mayor Mulryan recommended appointment of Councilmember Boro to the Advisory Group, and stated this is an excellent report and that the Task Force is to be commended. Councilmember Boro thanked the Council for allowing him to work with this group, and expressed appreciation to Ms. McNamee and to the consultant, Jane Ginsberg. He stated this is more than a report, it is actually a Plan of Action. He noted that the City presently provides in excess of 600 child care slots which are fully paid for by the people who use them or subsidized in some degree by educational scholarships. He said it is important to keep up the work the City has done and keep the committee going. He stated Bruce Raful of the Park and Recreation Commission, he understands, is willing to continue as the Park and Recreation Commission representative. Councilmember Thayer congratulated Councilmember Boro on the excellent work he has done on the Task Force for so many months. She also thanked the entire Task Force for their successful venture. Councilmember Breiner thanked Councilmember Boro for his willingness to continue his good work, and for what he has done in the past. SRCC MINUTES (Regular) 10/1/90 Page 7 SRCC MINUTES (Regular) 10/1/90 Page 8 Mayor Mulryan recommended accepting the report and its recommendations. Councilmember Boro moved and Councilmember Shippey seconded, to accept the report and its recommendations, with the addition that at the appropriate time the City Clerk, with help from the staff, draw up an appropriate Resolution of Appreciation to the members of the committee thanking them for their work. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1595 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 3, CHAPTER 3.22, SECTION 3.22.020 OF THE MUNICIPAL CODE TO INCREASE THE PROPERTY TRANSFER TAX (Fin) - File 9-12 Mayor Mulryan announced that, while he was not present at the previous meeting when this Ordinance was passed to print, he was provided a copy of the staff report and a tape recording of the meeting, and that he had read the report and listened to the tape. City Manager Nicolai stated that staff and the Council had agreed to put this item on the regular agenda instead of the Consent Calendar so people would have an opportunity to speak. She added it is a proposal to increase the Property Transfer Tax from $1 to $2 on valuation of $1,000. She compared the $600 on a $300,000 sale to the real estate fee of $18,000. Fieldin q.Greaves of MUTA spoke against the passage of the Ordinance, stating this would be the highest Property Transfer Tax in the County. Nora Contini spoke against trying to get this passed before the election. Howard Herrin noted that the commission is a negotiable fee, and should not be compared to the provisions in the Ordinance. He summarized his letter of September 25, 1990, to the Council, objecting to the "fast-track" introduction of the Ordinance, and stating this is a selective tax on those selling their homes. He stated that if Proposition 136 does not pass, the City can look at the issue again, later this year and put it up to the voters. Edward Beckerman objected to the tax, stating it caused problems when it was passed in Philadelphia. Steve Fuqate, a San Rafael resident, stated that the reason his house will keep its value will be because of money for City services. He favored the Ordinance. Jack Wilkinson objected to the tax being raised, recommending that if Proposition 136 fails, this issue should be put before the people. Sue Gilliam agreed that this should be on the ballot for the people of San Rafael to vote. Allen Currie, a San Rafael resident, stated the tax is too much, and noted he has been trying to sell his home for 7 months, and the price is going down. Mayor Mulryan explained that somehow the funds have to be found to maintain the City's level of service. He noted this is the second reading. Councilmember Breiner inquired about historical taxing, and Ms. Nicolai responded she has a chart showing the tax rates of Charter cities. She added that San Rafael has prided itself in keeping the tax rate quite low, but Proposition 13 made a tremendous impact. She said for the past ten years the City has tried to keep its level of service high - not just Police and Fire, but parks maintenance and other services. She stated she feels no qualms about recommending the second reading and adoption of this Ordinance. Councilmember Breiner noted that the citizens of this community have very high expectations, and this particular tax is not going to make a whole lot of impact, although it will have some. She stated it will not be a major part of the City's budget, but everything possible must be done to keep up levels of service. SRCC MINUTES (Regular) 10/1/90 Page 8 14. SRCC MINUTES (Regular) 10/1/90 Page 9 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 3, CHAPTER 3.22, SECTION 3.22.020 OF THE MUNICIPAL CODE TO INCREASE THE PROPERTY TRANSFER TAX" Councilmember Breiner moved and Councilmember Thayer seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1595, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WORK PROGRAM FOR ST. VINCENT'S/SILVEIRA SPECIFIC AREA PLAN (Pl) - File 115 x 10-1 x 10-2 Planning Director Pendoley stated that staff responded to direction given by Council at the September 17th meeting, and has proposed Advisory Committee membership, which he asked the Council to review for completeness. He stated that if Council agrees with the recommended neighborhood groups to be represented by the Advisory Committee and the selection procedures, staff will proceed. Mayor Mulryan recommended that the business community be represented. Council - member Boro agreed, noting that the whole City will be voting on it. He mentioned the property owners, Chamber of Commerce, and the housing interests. Mr. Pendoley pointed out that the San Rafael Housing Coalition and the Ecumenical Association for Housing are on the proposed list. Councilmember Boro said he would like a more balanced representation, and would like to give it more thought. Mr. Pendoley responded that waiting until the next meeting on October 15th would not give much time to set up a meeting before the end of the month. Councilmember Thayer stated she would like to see it more dispersed. She added that the North San Rafael Coalition is a consolidation of homeowners' groups, and other areas of the City are also interested. Councilmember Breiner stated if there are two people from the North San Rafael Coalition, they should be from Mont Marin and one other. City Manager Nicolai inquired if the Council wished to limit neighborhood associations, or expand them. Mayor Mulryan noted the importance of having representation South of Puerto Suello Hill. Mr. Pendoley said he will notify the associations and see what interest there is. Councilmember Boro said there should be City-wide representation, but not too many people. The Council agreed that all members should live within the City. Ms. Nicolai stated that the League of Women Voters would like representation by a member who is a San Rafael resident. Councilmember Thayer said she would be in favor of that. Mayor Mulryan stated it is important to have a good representation from all areas of San Rafael, and yet keep the Committee to a workable number. Councilmember Shippey said he understands the delay in organizing the Committee, but that he is concerned because of the ballot initiative which is on the November ballot. He noted that the people who have voiced the most interest in the issue, so far, have been people North of the Hill and he does not feel that should be lost sight of. He said he is concerned about keeping it within the City, when the people in Marinwood are right next door to the area. He asked to have some consideration about possibly a non-voting capacity for Marinwood. Mayor Mulryan responded that we never in our history have had a member of a group such as this, who was not a resident of the City. He noted this is particularly important, since it involves land use. He added they would be notified of the meetings and would be welcome to attend, but not made a part of the Committee. The Council agreed to make the appointments to the Committee at the first meeting in November. SRCC MINUTES (Regular) 10/1/90 Page 9 SRCC MINUTES (Regular) 10/1/90 Page 10 Councilmember Shippey stated he would like it done at the next meeting, since he will not be present at the first meeting in November, and he has been lobbying to be appointed to the Committee. Councilmember Breiner moved and Councilmember Thayer seconded to appoint Council - member Shippey as the Council's representative on the Advisory Committee, and Councilmember Thayer as alternative. Mayor Mulryan stated he would prefer the alternate to be a resident South of the Hill. Councilmember Boro agreed, and stated there should not be a division because of where people live because many people South of the Hill are interested in this issue; however, he feels that since the Councilmembers each represent the whole City, that would not pertain to the Council alternate. Councilmember Breiner said she would recommend that representatives from the Planning Commission and Design Review Board could be from South of the Hill, and she will let her motion stand, with Councilmember Shippey as representative and Councilmember Thayer as alternate. She offered to include two alternates, if the Council wishes. Mayor Mulryan recommended appointing the representative tonight and discuss the subject of alternates at a later time. Councilmember Boro noted that the entire Council was approached on this issue when it went on the ballot, and only one councilmember took the opportunity to put their name on it, either for or against it. He said it would seem to him that if someone had that interest initially, they should have the opportunity to follow through. He said the criteria ought not to be whether a person lives North of the Hill or not. Councilmember Breiner amended her motion, and Mayor Mulryan seconded, to appoint Councilmember Shippey as Council representative to the Advisory Committee, with alternates to be discussed later. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. DISCUSSION OF DRAFT ORDINANCE TO REGULATE ANCHORING AND MOORING IN DESIGNATED AREAS WITHIN CITY LIMITS (P1) - File 144 x 12-10 x 10-2 Mayor Mulryan remarked that the situation has accelerated, with a boat recently coming in and anchoring off Pickleweed Park. He stated they wanted to adopt an urgency ordinance at the earliest opportunity. Planning Director Pendoley informed the Council that the State Harbors and Navigations Code precludes cities from adopting urgency ordinances, except in matters of disasters or calamities. He stated that this proposed Ordinance provides that boats shall not be anchored or moored in identified water areas, without permission from the Chief of Police. Councilmember Shippey said liveaboards are even more of a concern for him than anchor -outs, because of the pollution they cause. Admiral Tom Patterson (Ret.), representing Marin Yacht Club, stated he strongly endorses the Ordinance, and also concurs with Councilmember Shippey that the liveaboards need to be addressed because of water quality and registration. He added it would be very good if they could be included in the Ordinance. He noted that Charles Paqaninni had written to the City Attorney on September 17th regarding the anchor -outs and brought out the fact that when this land was deeded to the City in 1981 it was deeded in perpetuity as open space, and, therefore, it cannot be disturbed by anchoring anything there. He stated that Mr. Payaninni feels that is all that is needed, but the Yacht Club feels that the Ordinance is needed also, and it gives clear definition to the Police Department on how to proceed. He stated the Council is moving in the right direction. Mayor Mulryan stated that staff is working on a comprehensive structure for the liveaboards, but because of the anchor -out they want moved as quickly as possible, that is the focus of this Ordinance. SRCC MINUTES (Regular) 10/1/90 Page 10 SRCC MINUTES (Regular) 10/1/90 Page 11 Councilmember Thayer mentioned Section 17.20.040 regarding boats which are tied up at a dock not being included. Mr. Patterson stated that has not been an issue. City Manager Nicolai stated the issue being dealt with is the anchor -outs, and that the liveaboards is another issue. She stated they want to restrict the anchor -outs at this time, and will address the other issues later. Councilmember Shippey moved and Councilmember Thayer seconded, to set a Public Hearing on this matter for October 15, 1990. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting adjourned at 10:30 P.M. J H M. LEONCI , City Clerk APPROVED THIS DAY OF , 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/1/90 Page 11