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HomeMy WebLinkAboutCC Minutes 1992-10-19SRCC MINUTES (Regular) 10/19/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 19, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 92-18(a) - #1 - Robert W. Copple, Robert Biggs, David Rosenberg & 157 Woodland Partners vs. City of San Rafael No. 92-18(b) - #7 No. 92-18(c) - #6 No. 92-18(d) - #1 - Alan Titus and Marjorie Goldman vs. City of San Rafael No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 19, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, 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 Mayor Boro announced that earlier in the evening the City Council had held a series of interviews for the Citizens' Advisory Committee on Redevelopment, and had appointed Deborah Paolino to the Committee. Also, there were two reappointments made to the Park and Recreation Commission, Patrick J. Webb and Dr. Richard Wolfe. ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR Councilmember Breiner moved and Councilmember Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of September 8, 1992 (CC) 3. Update and Status Report on Police Activity in the Canal Neighborhood (PD) - File 9-3-30 x 218 x 231 4. Resolution Declaring Week of October 25-31, 1992 as "Red Ribbon Week" for Drug Free Youth (PD) - File 104 x 9-3-30 5. Capital Improvement Program Status Report (PW) - File 8-5 x 12-1 x 9-3-40 6. Resolution Authorizing Destruction of Certain Fire Department Documents (FD) - File 9-13 x 9-3-31 RECOMMENDED ACTION Approved as submitted. Accepted report. ADOPTED RESOLUTION NO. 8759 - DECLARING WEEK OF OCTOBER 25- 31, 1992, AS "RED RIBBON WEEK" FOR DRUG-FREE YOUTH Accepted report. ADOPTED RESOLUTION NO. 8760 - AUTHORIZING THE DESTRUCTION OF CERTAIN FIRE DEPARTMENT DOCUMENTS (Fire logs and company run reports prior to 1/1/85, upon written approval of the City Attorney) 7. Approval of Extension of Agreement with San Rafael ADOPTED RESOLUTION NO. 8761 - Pop Warner Football Club Re Storage Space at AUTHORIZING THE SIGNING OF A Albert Park Stadium (Rec) - File 4-10-127 x CONTRACT, LEASE OR AGREEMENT 9-3-65 x 9-3-66 (w/Pop Warner Football Club for Storage Space at Albert Park - $55.00/mo., SRCC MINUTES (Regular) 10/19/92 Page 1 SRCC MINUTES (Regular) 10/19/92 Page 2 7/1/92-6/30/93) 8. Authorization to Prepare Request for Proposals for Approved staff recommendation. Citywide Parks Master Plan (Rec) - File 9-3-66 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion: 2(a). APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 21, 1992 (CC) Councilmember Breiner recommended a change on Page 15, paragraph 5 of the Minutes, to read, ". . with regard to the Circulation Desk, that this should be studied by the consultant who has worked with the City before, to review the circulation and flow within the building". Councilmember Breiner moved and Councilmember Shippey seconded, to approve the Minutes of September 21, 1992, as amended. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro thanked Acting Chief of Police Robert Krolak for his good work as noted in the Crime Report. He also expressed his appreciation to Assistant Public Works Director Lloyd Strom for his excellent work on the Capital Improvement Report. SPECIAL PRESENTATION 9.SPECIAL PRESENTATION OF THE 1992 U.S. MAYORS' END HUNGER AWARDS - File 104 Mayor Boro announced that the United States Conference of Mayors has proclaimed October 16, 1992, as World Food Day, and sent certificates so the City of San Rafael could honor and recognize organizations in the community which have dealt with this issue. He stated he has invited representatives of several organizations to receive the awards, and noted that the people of Marin County, and San Rafael, recognize the issue of hunger. Also, he feels it is important to acknowledge and thank those agencies for the fine work they have done. Sue Peiser received the award for the Marin Community Food Bank. Mayor Boro noted that the Food Bank helps to provide food to 17 nonprofit agencies in Marin County and to needy families, and distributes over 2 million pounds of food per year. Bob Kunst accepted the award for the St. Vincent de Paul Society. Mayor Boro noted that the Society has distributed 747,552 free meals since July 14, 1981. He added that in 1992 alone, more than 92,000 hot meals have been served in the dining room, and over 3,500 meals delivered to the homeless in the Tent City, and 3,700 free sandwiches have been provided to Ritter House. Mayor Boro expressed the City of San Rafael's thanks for their fine work. Rob Simon, Executive Director of the Human Concern Center of Marin, accepted the award for his organization. Mayor Boro stated that the Center, also known as "Ritter House", provides help and support to persons in need by meeting emergency subsistence requirements and encouraging and supporting people to make a positive change in their lives. He added that since 1980 the Center has helped low income families, disabled and homeless. There have been 11,000 visitors so far this year, and they have provided support to 4,340 families. Mr. Simon thanked the Council, and also expressed his thanks for the support given to the Human Concern Center by the Food Bank with their contributions of food. Tom Wilson, Director of the Canal Community Alliance, accepted the award. He introduced Velma Chabot who coordinates their volunteers. Mayor Boro noted that the organization provides emergency food for 637 families per month, more than one-half of whom are children. They also distribute USDA surplus food, and provide holiday meals to over 700 families at Thanksgiving and Christmas. Edward Ryken, Executive Director of the Marin Senior Coordinating Council, accepted their award. Mayor Boro commended his organization for their assistance to frail and low income elderly residents, including the services of a professional dietician. Mayor Boro noted that they have a home delivery service for meals, provided by volunteers, as well as paid staff. SRCC MINUTES (Regular) 10/19/92 Page 2 SRCC MINUTES (Regular) 10/19/92 Page 3 Mayor Boro then announced that Lt. Banks of the Salvation Army could not be present at this meeting, so his presentation will be held at a later date. He then thanked all of the honored groups for their contributions to the community. SRCC MINUTES (Regular) 10/19/92 Page 3 SRCC MINUTES (Regular) 10/19/92 Page 4 10.PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE MAP FOR A 31 UNIT CONDOMINIUM PROJECT (BOYD COURT) AFFORDABLE TO LOW AND MODERATE INCOME HOUSEHOLDS; SOUTHWEST CORNER OF MISSION AVENUE AND "B" STREET; BHC, OWNER; EDWARD KUYKENDALL, REP.; BOYD PARK NEIGHBORHOOD ASSOCIATION, APPELLANTS; AP #11-211-01, 04, 10 & 11 (Pl) - File 5-1-322 x 10-7 x 9-3-17 Mayor Boro declared the Public Hearing opened. Planning Director Pendoley briefed the Council, stating that on May 18, the Council had closed the Public Hearing on the appeal of the Planning Commission's approval of the 31 unit condominium project, and directed the formation of a committee to consider issues regarding the mass and bulk of the proposal. He explained that the Committee was comprised of Mayor Boro, Councilmember Cohen, two members of the Planning Commission, two Design Review Board members, one member of the Cultural Affairs Commission, and two of the appealing neighborhood representatives. The Committee met four times and the result was a different project at the same location, with 25 units. Mr. Pendoley explained that the new design was two stories as seen from the Mission Avenue side, as opposed to three stories in the original project; and three stories high on the Fifth Avenue side. He added that the materials are similar to the original, and the project architect is present this evening, to give a presentation on the design. Mr. Pendoley then discussed the affordability issues, and also proposed fee waivers and reductions made by the applicant. He reported that one unit was priced at a range affordable to people with incomes at 70% of the median, two units were priced to be affordable to incomes at 90% of the median, and the remaining units were to be priced at 110% of the median. He noted that this is a revision from when the Planning Commission reviewed the project on September 29, 1992. He stated that all of these meet our General Plan definition of low and moderate income. Mr. Pendoley added that at just about the time the Planning Commission considered the proposal, the proponent sent a letter to staff and to Mayor Boro, asking for consideration of fee waivers or fee reductions, and staff was asked to meet and negotiate with the applicant, which was done. Mr. Pendoley stated that staff advised the applicants that in order to qualify for reductions, which may be made at the Council's discretion, in order to qualify in compliance with the General Plan, it would be necessary for them to have one more unit affordable to people at the 70% of median range. The applicant complied. Mr. Pendoley explained that the proposal before the Council at this time, in terms of affordability and fee reductions, would be as follows: The City would commit $60,000 of Housing Set -Aside Funds, which were collected from development projects and can only be used for this purpose, to the project. These funds would be passed through to the purchasers of the project, so that six of the units would now be affordable to people at 90% of median, with the other two - as before - affordable to people at 70% of median. He added that this leaves a total of eight units at 90% or less of median, and the remaining 17 units at 110% of median. Mr. Pendoley explained that a fee waiver is proposed, to waive all of the building permits, estimated to be about $15,000, as well as the Park Dedication Fees on the eight units which are 90% or less of median. Mr. Pendoley pointed out that when the Planning Commission reviewed this proposal, when it had three units at 90% or less, they recommended the waiver of Park Dedication Fees on those units. He added that this proposal is consistent with Policy H-20 in the Housing Element. Mr. Pendoley stated it is difficult to evaluate the real effects of this fee waiver proposal, in terms of cost. He noted that the $60,000 pass-through goes directly to the purchasers, and simply makes it easier for purchasers to buy the units, but it really has no effect on the developer's cost. The $29,000 in fee waivers amounts to slightly less than 1% of the estimated cost of construction, which is $3.2 million. Mr. Pendoley suggested the Council look at this as taking something less than $30,000 and leveraging it into a $3.2 million affordable housing project. He noted it is difficult to do an analysis of the real cost of construction, but at this stage there are working drawings which give a better explanation of how the fee waivers would relate to the cost of the project. Mr. Pendoley noted another recommendation is that all eight of the units be made available to City employees on a lottery basis with first right of refusal. He also recommended that the other fees, which consist primarily of traffic mitigation fees, be paid at the time that the units close escrow. He stated there is precedent for this, on other projects. Mr. Pendoley pointed out that there is a new Negative Declaration which was prepared in order to match the new project description. Mr. Pendoley concluded by stating it is staff's recommendation that the appeal be denied SRCC MINUTES (Regular) 10/19/92 Page 4 SRCC MINUTES (Regular) 10/19/92 Page 5 and the amended project be approved, along with the Negative Declaration. SRCC MINUTES (Regular) 10/19/92 Page 5 SRCC MINUTES (Regular) 10/19/92 Page 6 Mayor Boro called on Councilmember Cohen for comment, since he had been on the Boyd Court Committee. Councilmember Cohen stated that one of the concerns he still has had to do with the nature of the lease. He noted that most of his remaining concerns have been addressed. He stated that from developer Art Chatham's letter it seems that each condominium owner will have a separate lease, and an option to purchase after 40 years, and that at the end of 90 years, any unpurchased option will revert to City ownership. Mr. Pendoley stated that is correct, and added that we can expect the lease costs to escalate over time and that is to be fixed to an index to be approved by the Council at the Time of the BMR (Below Market Rate) Agreement, so we will assure that the lease is always affordable and that will remain in effect throughout the 90 year term, and it will be in the BMR Agreement. Mr. Cohen stated that with regard to the design issues and the way the Committee resolved them, he is satisfied with that aspect and feels it was time well spent. However, he stated he is concerned about some of the affordability issues, and the legal authority of the developer beyond the offering of the units to City employees, to then make a second round of offerings to people who currently work within the City or live within the City. Jake Ours, Assistant Executive Director, Redevelopment Agency, responded that since neither State nor Federal funds are being involved there is much more latitude to have a lottery for City employees. He added if there is a desire for a second round, for School District or County employees, or whatever the Council wishes, that can be included in the BMR Agreement. He stated they can tailor the Agreement whichever way the Council desires. Mr. Cohen stated he would feel more comfortable if he felt the affordable housing was going to be used by people who live or work in San Rafael. Mr. Ours stated that for Centertown they had tried to have a geographic description of a live/work area, but in that case they could not do it. The people who live/work within the given area would qualify, and that would not be discriminatory, and that could be done for this project. Mayor Boro stated that as a member of the Boyd Court Committee, he feels the process worked well and we now have a project which seems to please everyone. He stated he is interested in the issue of the "well" for the parking. He added that the issue of preference for City and School District employees is important, and in Mill Valley they drew a four -mile radius around their project and said that anyone who is living or working within four miles had some kind of preference. He asked staff to work out the details. Mayor Boro then referred to affordability, stating he was surprised at how it was worked out in the apartment complex which will be discussed in a subsequent item on tonight's agenda. He stated he understood that one of the techniques used here in order to come up with the 70% or 90% of median, is to base it on two incomes. Mr. Ours stated it is two person households. Mayor Boro stated he would like to see at least two of the units, one at 70% and one at 90%, to be for a one-person household. He said there has been much discussion regarding the single parent with children looking for housing, and that would improve that situation. Mayor Boro stated he has some concern on the fee waiver, and inquired if the Parkland Fees were waived for Centertown. Mr. Ours responded that they had not. Mayor Boro explained that his concern is that any work done at Boyd Park would benefit the residents of this project, and it does not make sense to have the nine units low income with the funds spent on the buy -down and then, in addition, waive the fees. He is concerned about a precedent being set. Mayor Boro then referred to Page 6 of the staff report, paragraph 2, where it states that the City is not in a position to provide any other direct assistance. He stated that one of the reasons he is supporting the $60,000 expenditure is the fact that we are able to give our employees preference. He noted that if the developer chooses to secure funding after this process is complete which would negate that, then we would have to bring back the issue of the $60,000 and he would not support it, because it would not make sense since it would no longer be for the benefit of City employees. Councilmember Thayer agreed with Mayor Boro's last statement. She added she feels the neighborhood did an excellent job, working with the City to come up with a plan which might be amenable to neighborhood concerns. She stated that she liked the first building and its architectural design which she felt had more integrity, but it was too massive on that corner. Mrs. Thayer then inquired about the 5 -foot setback. She stated she also would like to know the actual cost of the units falling in the various categories, and also the roofing materials. She noted that by lowering the building the roof becomes much SRCC MINUTES (Regular) 10/19/92 Page 6 SRCC MINUTES (Regular) 10/19/92 Page 7 more important as to materials and color. Mayor Boro noted that the costs are included with the staff report. Councilmember Breiner noted that Mayor Boro had said he would like at least one of each of the lower income units to be predicated on a one-person household. She noted that at McInnis Park Apartments there is provision for three-person households. Mr. Ours explained that all of these figures are predicated on two people. Mrs. Breiner inquired about access from Fifth Avenue, and referred to Page 7 of the staff report, at the bottom of the page, and that this was also addressed in Condition No. 47. She inquired if that includes the 24 -foot two-way driveway, and noted it seems inconsistent with the parking standards, noting that for 90° parking we have a 24 - foot aisle. Mr. Pendoley responded that would be correct, but we have parking only on one side, so the total width would be 44 feet. He explained that is why Condition No. 47 is worded the way it is. He stated that last week staff met with the architect and he demonstrated he could meet the City's requirements. He added this will be in the working drawings. Mrs. Breiner stated her main concern is the affordability problem down the line. Councilmember Thayer asked for an explanation of the setbacks. Mr. Pendoley explained that the original project had 5 -foot setbacks on Mission Avenue, and this proposal has 15 -foot setbacks, and he showed on the plans where the setback narrows. He noted that the Committee had discussed it at some length and felt the setbacks were a tradeoff for this building height. Mrs. Thayer stated her second question was about the roofing material. Mr. Pendoley explained that it will be a product called Life Tile, which is a mixture of cement and fiber, and has a very long life. He passed a color sample to the Council. Councilmember Shippey inquired about waiving of the building permit fees. Mr. Pendoley explained that building permit fees and Park Dedication fees can be waived for affordable units, and were for the Oakridge Apartments for their affordable units. Art Chatham, developer, stated that architect Chris Craiker is present and will present a full design description. He stated he wishes to speak about the fee waivers. He noted they have reduced the amount of units from 31 to 25. He stated that because of their concerns with the success of the project they feel very strongly that the concessions recommended by the Planning Department are important to the feasibility of the project. He stated that when this project was approved by the Planning Commission they thought they had three affordable units and now they have four, which further reduces the price of the units. He stated that when they designed the two- bedroom units they understood that a two -person household means two people, but not necessarily two incomes. He stated a single person with a child would be a two - person household. Mayor Boro stated he thought the amount on the schedules was for combined income. Mr. Ours responded that income for a two -person household does not necessarily mean two incomes. Mr. Pendoley stated it is averaged out. Mr. Chatham stated they hope they can have more than two -person households, but to price them on a one-person income would lower the price considerably. He stated that fee waivers will help them greatly, and the $60,000 will not make a difference to the developers, but will make more units available. He stated he would like to work through the Redevelopment Agency to have the permits for construction waived to the end, and then given to the borrowers. Mayor Boro stated that staff should come back with a contract, with everything worked out. Mr. Ours agreed. Mr. Chatham referred to Conditions 48 and 54, and stated that paying the fees at the end helps greatly. He stated they had always hoped they could have a tiered system of offering first to City employees and then people who work within the City and then County employees. Also, he does not think that just because they are for-profit developers versus non-profit, that it should be a consideration in fee waivers. Mr. Chatham then clarified the lease issue. He stated there are not 25 separate leases, but a master lease with separate clauses. Mayor Boro clarified that a mother and child could qualify, and not be penalized because of not having two incomes. Mr. Ours explained they could make up to the income level. A single parent could make on the lower end of $30,000, and for the 90o they could make $40,000, and that would be for two people. He explained it could be one person making $40,000, or two people making $20,000 each. SRCC MINUTES (Regular) 10/19/92 Page 7 SRCC MINUTES (Regular) 10/19/92 Page 8 Councilmember Cohen noted that under the Conditions approved by the Planning Commission the BMR restrictions are for 40 years and the Planning Director has stated they could be for 90 years, and asked for comment from Mr. Chatham. Mr. Chatham stated they are discussing 40 years. He explained that the lease is 60 years, with three 10 -year options. They are discussing tying the increases in the lease to the Bay Area CPI (Consumer Price Index), but at the end of the 40 years if it does not go away they would keep it. Mr. Pendoley stated that was what he was trying to indicate. Mr. Cohen stated there are two components for affordable housing. One is the cost of the lease and the other is purchase price. He inquired if there are resale restrictions on the BMR units. Mr. Pendoley responded that there are. Mr. Cohen inquired of Mr. Chatham if he would have a problem with the tier system discussed, to include people working within 4 miles. Mr. Chatham stated he would have no problem. In response to a question on fees from Councilmember Breiner, Mr. Chatham explained that the condominium fee and the land lease fee are all taken into consideration in the sale price, to fit the person's income. He stated they only used estimates at this point. Mr. Ours added that taxes and insurance are all factored in also. Mayor Boro urged that those issues all be very explicit in the BMR Agreement. Dr. Eric Scher, appellant and resident of the neighborhood, stated that the appeal has been a very long process, and most of his concerns have been addressed. He stated the height, bulk, setbacks and other issues have been addressed and he is happy with them. He noted that, in addition to the issues, there were inconsistencies with the General Plan. He stated he heard remarks at the Planning Commission and Council about an inferior project, and he would hope that this could be architecturally attractive and meet the needs of the community. He stated he still feels we will come out with an architecturally attractive project. Dr. Scher stated he likes the buy -down, but regarding the Park Dedication Fees, he feels that the residents will be using the park and will benefit from it, and the money for the fees could go toward the recreation areas of the park. Dr. Scher stated he questions the people working for the City of San Rafael getting preference. Mayor Boro explained that the first lottery will be for City Employees and School District employees. Dr. Scher stated it almost seems like conflict of interest to restrict it, and he would hope that people who work within the City would have an opportunity to live there, and not just City employees. Dr. Scher noted Condition 46, and stated he hopes that the working drawings will go back to the Design Review Board as specified, to insure the quality of construction. He added that he had spoken with the Marin Housing Authority, and it is his understanding that the criteria is two incomes, and not just two people, such as a woman and child. He stated he is happy with much of what he sees in the project, and thanked the Council for allowing him to be part of it. Chris Craiker, project architect, addressed the Council, stating that the question which was not answered in the discussion was the "well". He added they had spent a good deal of time with staff on this issue. He explained that they have the sidewalk next to the curb, and the planter strip adjacent to the wall which will be 5;�2 feet. There will be trees and landscaping which will be maintained by the homeowners' association, and people going by on Mission Avenue would not even see the "well". He noted that the apartments will be 14 feet above. Mr. Craiker stated that the number of persons in a household has direct affect on the design. Two persons would have a two-bedroom unit. He stated that a three-person household can also qualify for a two-bedroom unit. He stated he has always understood that a two -person unit does not mean two incomes, but two persons. He stated single person designation would have allowed them to have one -bedroom units, but they would be much smaller. With reference to Dr. Scher's remark regarding Condition 46, Mr. Craiker stated they are required and have agreed to go back to the Design Review Board in the review process. He added that staff has agreed that it will not delay the fast-track process. There being no further public input, the Public Hearing was closed. Mayor Boro stated that the one or two person issues has been cleared up in his mind. He stated a large issue is the Parkland Dedication Fees, and he feels that does not make sense. He stated that whichever Councilmember makes the motion should be explicit SRCC MINUTES (Regular) 10/19/92 Page 8 SRCC MINUTES (Regular) 10/19/92 Page 9 about City employees in the lottery, and that a theoretical circle be drawn for another tier. Also, the question of the $60,000 should be specified. Councilmember Cohen stated we want to work with the developer as much as possible, since this is an affordable project. He noted we have brought down the number of units. He then addressed the question of why we should give preference to our City employees, stating that the City is limited as to incentives to retain its employees. He noted the Planning Department has to retain its employees. He noted the Planning Department has lost people to communities where they could afford to live. He stated that is a valid reason for asking that these units be offered to City employees, and then offer them within a boundary as a second tier. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution denying the appeal and adopting the Negative Declaration and approving the revised Tentative Map and Environmental and Design Review Permit for a 25 -unit Condominium project affordable to low and moderate income households; included in the motion is the Waiver of the Building Permit Fee. Also, changes to the staff report, including: 1) Parkland Dedication Fee Waiver for 4 units, instead of 8; 2) Offering of units first to City and San Rafael and Dixie School District employees, and a second tier to people within a radius to be established with the Planning Director; 3) Approve buy -down concept contingent upon Item 2 above; 4) $60,000 can be used toward construction of project, assuming our ability to negotiate the language sufficiently. RESOLUTION NO. 8762 -DENYING THE APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF THE NEGATIVE DECLARATION AND CONDITIONAL APPROVAL OF A TENTATIVE MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (TS92-1/ED91- 200) FOR A 31 UNIT CONDOMINIUM PROJECT AFFORDABLE TO LOW AND MODERATE INCOME HOUSEHOLDS AND APPROVING THE REVISED NEGATIVE DECLARATION AND APPROVING THE TENTATIVE MAP AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A 25 -UNIT CONDOMINIUM PROJECT AFFORDABLE TO LOW AND MODERATE INCOME HOUSEHOLDS; SOUTHWEST CORNER MISSION AVENUE AND "B" STREET; BHC, OWNER; KUYKENDALL-CHATHAM, DEVELOPER; CRAIKER ASSOCIATES, ARCHITECT; ERIC SCHER, ET AL, APPELLANTS (AP #11-211-01, 04, 10, & 11) (BOYD COURT) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11.PUBLIC HEARING - APPEAL OF DENIAL OF USE PERMIT AMENDMENT TO LEGALIZE EXISTING UNAPPROVED DWELLING UNITS; 822 "B" STREET; CALIFORNIA TENFOLD DEVELOPMENTS, INC., JOE BOHANEC, OWNER; JOHN SHARP, ATTORNEY, REP.; AP #11-262-15 (Pl) - File 10-5 x 9-3-17 (Continued from Council Meeting of September 21, 1992, at the request of Appellant's Attorney.) Mayor Boro noted receipt of a letter from Attorney John Sharp, again requesting continuance to the City Council meeting of November 16, 1992. Mayor Boro opened the Public Hearing. Councilmember Breiner moved and Councilmember Shippey seconded, to continue the Public Hearing to November 16, 1992. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro continued the Public Hearing to November 16, 1992. 12.REPORT ON PROPOSED HAZARDOUS WASTE JOINT POWERS AUTHORITY (Fin) - File 13-2 x 115 Finance Director Coleman reported that about two years ago the City of San Rafael entered into an agreement with other cities in Marin, along with Marin County, to prepare a plan to comply with AB939 regarding State requirements for hazardous and solid waste management. He stated that a plan has been agreed upon, and they are now in the implementation phase which involves a JPA (Joint Powers Agreement). Mr. Coleman noted that when the Council reviewed the preliminary draft of the proposed JPA in July they had some concerns about the allocation of costs, ongoing responsibility for programs initiated by the JPA, the budget, and the one -agency, one -vote provision. He reported that the current JPA agreement has addressed most of these concerns, but SRCC MINUTES (Regular) 10/19/92 Page 9 SRCC MINUTES (Regular) 10/19/92 Page 10 the one -agency one -vote provision has remained in the agreement. He explained that there are going to be 22 members of the JPA, and San Rafael, although it represents about 35% of the waste stream, would have one vote only. He noted that one change is that we would have a permanent seat on the Executive Committee, and would have one vote out of seven on that Committee, and all matters before the Executive Committee would require a two-thirds vote. That would give us more input than we otherwise would have. Mr. Coleman stated there were also concerns expressed on how the JPA would function in terms of the budget and allocating costs. He does not feel this could be resolved very quickly, but they have changed the JPA so that during the first 12 months you could get out of the JPA without financial obligation, which would allow us to get out if it is not fulfilling our needs, without incurring financial obligation. Mr. Coleman stated that the JPA, conceptually, is a good idea, but there are a number of issues which need to be looked at on a Countywide basis. He explained there is a concern about whether it will meet our interests, and whether or not it will cost the ratepayers in San Rafael more than it otherwise should have. He noted that these questions cannot be answered tonight, but we can hope that the JPA can organize so they can have an efficient operation for Countywide programs. Mr. Coleman summarized the current thinking, that the JPA would be taking over the functions of what is now called the Office of Waste Management. That office has a budget of $1.5 million, mostly from the tipping fee at the dump. There is also a $300,000 permit fee which they use to fund their Hazardous Materials Program and their Underground Storage Tank Program. The other two programs, the Household Hazardous Waste Program and the AB939 Program, are funded by tipping fees which are currently being paid by the ratepayers in San Rafael through their garbage rates. Mr. Coleman stated that even though this agreement, in his opinion, is not perfect it at least gives us the opportunity to initially work out some of the problems we have identified, at the very beginning. Mayor Boro called on Councilmember Thayer, as a member of the Solid Waste Management Committee. Councilmember Thayer stated that it behooves the cities to get together as they have done under a Memorandum of Understanding, and she agrees with staff's recommendation. She stated she has a deep concern, shared by many other people, that as ratepayers, we are creating a bureaucracy and the County Office of Waste Management has plans to hire 11 people for their waste management. She added that part of the County program has been Hazardous Waste Collection Days for households, but that is not an AB939 Committee's priority as a means of addressing the hazardous waste problem in Marin County. Mrs. Thayer stated that 12 collection days, which cost approximately $500,000 or $600,000 to the County result in a 1% reduction of hazardous waste material. She added that there are many on the Committee, besides herself, who feel that this cost is tremendous and it should not be a part of AB939. She stated we all pay for it through our garbage fees. She explained that the JPA has no way of measuring what San Rafael has done, and we have already met the 25% requirement which was required by 1995, and are on our way to meeting the 50%. She noted that many other jurisdictions have not done as good a job as San Rafael, and our ratepayers could be subsidizing programs in other jurisdictions which have not done as good a job as San Rafael in reducing the amount of waste which goes to the landfill. She stated the budget for the Household Hazardous Waste Program, of $591,000, was presented at the last meeting of the AB939 Committee. Mr. Coleman explained that the $591,000 is the contractual payment they make to the firm which accepts the hazardous waste. The total cost is $672,000. Mrs. Thayer added that this is out of a $1.4 million budget, and she thinks we are subsidizing something right now which is the County's priority and not the cities'. Councilmember Shippey asked why are we rushing to adopt this when only one other agency has adopted it? Mayor Boro explained we are not rushing to adopt it. Mr. Shippey inquired what effect it would have on our ratepayers if we did not adopt it? Mr. Coleman stated it is not clear what the penalty would be for not joining in the JPA. He added we could implement our own tipping fee to pay for our own program, but whether we would also have to pay the County fees cannot be answered tonight. Mayor Boro stated he is hoping that at some point we can go forward and start to develop this agreement, understanding that we have the ability to back out if it is not meeting our needs. He stated that part of the thinking of both Mrs. Thayer and Mr. Coleman is to look at what he calls "value added services", which would be services our ratepayers are currently not getting, which they are not receiving through the private sector. He noted that of the $1.5 million budget, our share through the tipping fees is about $400,000. It ranges from $7 to $10 per household per year. He added that it seems that our ratepayers are spending a considerable amount of money and he agrees with the comments about subsidizing other activities which we have already accomplished. Mayor Boro stated he feels some hard questions need to be SRCC MINUTES (Regular) 10/19/92 Page 10 SRCC MINUTES (Regular) 10/19/92 Page 11 asked about some of the issues which have been brought up, and he is looking for an answer on what the result would be if we do not join in the JPA, and would we not pay the tipping fee to the County, but be able to use those dollars to run our own program. He added that regarding the underground tanks, it might make more sense for the cities to undertake that effort. Mayor Boro suggested that Mrs. Thayer, Mr. Coleman and City Manager Nicolai can ask the hard questions, and perhaps find someone who is unbiased to analyze these issues. He stated he feels it is our responsibility to protect the ratepayers of the City of San Rafael. Mrs. Thayer added that there are extraordinary salaries for some of the people who are administrating this program. She reported she had received a memo from Fire Chief Marcucci with regard to underground storage tanks and our Hazardous Materials Program, stating that it takes only 11,� people to administer, whereas it takes 11 people at the County while we are doing 600 of it for the County. City Manager Nicolai stated she does not disagree with anything which has been said. The bottom line on the JPA is that if we do not participate we do not have the ability to deal with some of the issues because they will not be decided ahead of the JPA, but will be decided by the JPA. She stated that a bureaucracy has been created, but actually they are not going out and hiring people, but are shifting them around to the office which is being funded with the tipping fee money. She stated that if we join the JPA we can at least have a voice in what is going on, and should separate out those things to be decided by the JPA. Ms. Nicolai noted that if it seems to be going in the wrong direction, we can always bail out within the first 12 months. She added we are completely at the mercy of the County right now, and we should be able to take a really hard look at what is going on out there. Councilmember Breiner agreed we should be part of the process and noted it is a sub - regional approach. She stated it is frustrating to know it is sort of a "shell game" the County is doing. Councilmember Thayer noted the other counties are doing this by voting. Mayor Boro stated that we need to make sure that since we contribute so much to this effort we have a voice. Councilmember Shippey stated he does not see any reason to act on this. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, stated she feels the Council should not do anything about this quickly. She asked how have they spent $4,300,000? She stated she talked with the County a year ago about their program, and about recognizing the local businesses who are actively complying with the program, but nothing has been done. She stated we do not need to get the County into the garbage business. Joe Garbarino, owner of Marin Recycling and Recovery, stated his company recycles 850 of the County's waste. He added that they collect all paint, even oil-based paint, and shortly he hopes to have a Hazardous Waste Collection Center approved by the City. He stated they will have green bins for garden materials by next year for everyone in his jurisdiction, and there will be a 50o reduction in waste next year. He recommended that the sensible thing to do would be to wait and not sign the JPA right now. He noted that the things they are talking about are already being done. Ms. Nicolai stated that no one at the County will listen, and they are taking $400,000 a year of our tipping fee money. She stated if there were an alternative she would suggest it. Mayor Boro stated he feels there is no reason to rush into it at this point. He suggested that the question which has been given to the City Attorney be pursued and possibly that can be answered in the next few weeks. Also, it would be helpful if Mr. Coleman, when he brings this back to the Council, to address the subjects as value added services but not duplicate services, and the specific goals we hope to accomplish during this year of negotiation. He asked that Councilmember Thayer, City Manager Nicolai and Mr. Coleman work together on these issues. Councilmember Cohen stated that as long as this is being sent back for further information, he would like to know more about what would happen if we do not enter into the JPA. He stated he would not rush to approve this, and hopefully it may not go forward. He noted there is a tendency for bureaucracy to increase and he can see that happening in this case, and he is not sure we want to get involved. Mayor Boro stated that the City Attorney will find out if we have to pay the fee or not. 13.REPORT ON McINNIS PARK AFFORDABLE HOUSING AGREEMENT, LOT 5B (RA) - File 5-1-290 x 229 Councilmember Breiner noted that this subject was discussed briefly in the Boyd Court SRCC MINUTES (Regular) 10/19/92 Page 11 SRCC MINUTES (Regular) 10/19/92 Page 12 agenda item, and it had been clarified that the two -person household did not necessarily mean a two -person income. Mr. Ours agreed that it referred to the number of persons in the family. Councilmember Breiner noted that the staff report states that the Agreement requires that 20 units be rented to moderate income households at 1000 of median. Mr. Ours explained that they could not rent the units at the Market Rate, so they all fall into the Moderate, because of the market situation. Councilmember Cohen stated that we must focus more on low income housing. Councilmember Cohen moved and Councilmember Breiner seconded, to accept the report. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14.ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) ROSTER UPDATE TO FILL ALTERNATE POSITION (CC) - File 111 The Council discussed the fact that while Councilmember Breiner is the delegate to ABAG, the alternate position is not filled at present. Mayor Boro agreed to serve as alternate. Councilmember Cohen moved and Councilmember Shippey seconded, to appoint Mayor Boro as alternate to ABAG (Association of Bay Area Governments). AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15.CITY COUNCIL REPORTS: Cohen, Shippey, Thayer & Mayor Boro a.ADVERTISING SIGN INFRACTION - TOSCALITO TIRE & BRAKE - File 125 x 10-2 (VERBAL) Councilmember Breiner reported that over the weekend Toscalito Tire & Brake had a large display of inflated signs on top of their building, in violation of the Sign Ordinance. She expressed concern that if this practice is not stopped, it will escalate. b. KIOSK AT COURTHOUSE SQUARE - File 140 x (SRRA) R-140 #7 (VERBAL) Councilmember Breiner noted that the kiosk at Courthouse Square has been empty for over a year, and she would like it to be on the agenda for discussion at the November 16, 1992 meeting. There being no further business, the meeting was adjourned at 9:55 PM. Council then went into Closed Session. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/19/92 Page 12