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HomeMy WebLinkAboutCC Minutes 1994-02-071 SRCC MINUTES (Regular) 2/7/94 Page IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 7, 1994, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 94-3 (a) - #1 - Robert W. Copple et al v. City of San Rafael, et al. No. 94-3 (b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 7, 1994, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: COPPLE - 157 WOODLAND AVENUE - File 3-2-77 Dwayne Love, 179 Woodland Avenue, speaking for himself and neighbor Darcy McDonald of 171 Woodland Avenue, stated they are concerned about the number of residential units to be built at 157 Woodland Avenue, owned by Robert Copple. Mr. Love felt that Mr. Copple will settle the civil rights lawsuit if the City will permit him to build a certain number of residential units on this property, but asked that the Council hold a public hearing so the neighbors can give their input. RE: COMPLAINTS - File 100 Irving Litchfield, resident of San Rafael, stated he has been before the Council many times regarding the homeless and other issues concerning San Rafael and asked Council to answer his concerns. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: ITEM ACTION 2. Approval of Minutes of Special Meeting (CLOSED Approved as submitted. SESSION) of July 8, 1993, Regular Meeting of January 3, 1994, Special and Regular Meetings of January 18, 1994 and Special Joint Meeting with San Rafael and Dixie School Board of January 20, 1994 (CC) 3. Acceptance and Affirmation of Confidentiality Approved staff recommendation. of Closed Sessions for Clark E. Guinan, Assistant City Attorney (CC) - File 9-1-2 4. 5. Acceptance of Statements of Disclosure for: (CC) - File 9-4-3 x (SRRA) R-140 #8 Barbara Heller, Councilmember David J. Zappetini, Councilmember Clark E. Guinan, Assistant City Attorney Cyr N. Miller, Planning Commissioner Deborah Paolino, Redevelopment Citizens Advisory Committee Resolution Approving Electrical Maintenance Agreement with CALTRANS (PW) - File 4-8-24 Accepted report. RESOLUTION NO. 9086 - APPROVING THE COST SHARING AGREEMENT WITH CALTRANS FOR SHARING COSTS OF ELECTRICAL SRCC MINUTES (Regular) 2/7/94 Page 1 2 N 7 Resolution Approving Final Map of Rafael Business Center (PW) - File 5-1-323 SRCC MINUTES (Regular) 2/7/94 Page FACILITIES ON STATE HIGHWAYS IN SAN RAFAEL RESOLUTION NO. 9087 - APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED "MAP OF RAFAEL BUSINESS CENTER" Resolution Approving Final Map of Meyer Road RESOLUTION NO. 9088 - APPROVING Subdivision (PW) - File 5-1-318 FINAL MAP OF SUBDIVISION ENTITLED "MAP OF MEYER ROAD SUBDIVISION" 9. Authorization of Funding for Implementation of RESOLUTION NO. 9089 - APPROPRIATING National Pollutant Discharge Elimination System $17,123 FROM UNAPPROPRIATED RESERVES (NPDES) Program (PW) - File 4-4-6 x 8-5 AND AUTHORIZING EXPENDITURE OF SAME TO FUND THE CITY'S SHARE OF THE NPDES PROGRAM 10. Resolution of Appreciation to Hollie A.RESOLUTION NO. 9090 - RESOLUTION OF Stanaland, Children's Librarian, Employee APPRECIATION FOR HOLLIE STANALAND, of the Quarter (October 1, 1993 throughEMPLOYEE OF THE QUARTER (10-1 TO December 31, 1993) (CM) - File 7-4 x 102 x 12-31-93) 9-3-61 14. SECOND READING AND FINAL ADOPTION - ORDINANCE Approved final adoption of Ordinance NO. 1658 - AN ORDINANCE OF THE CITY OF SAN No. 1658. RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED "POLICE ROTATIN TOWING SERVICES" - File 9-3-30 x 11-8 16. Resolution Authorizing the City Manager to RESOLUTION NO. 9091 - AUTHORIZING Sign Contract Agreements for Grant Funds for THE CITY MANAGER TO SIGN CONTRACT Child Care Services with the State Department AGREEMENTS FOR GRANT FUNDS FOR 93/94 of Education for FY 93-94 (Rec) - FISCAL YEAR WITH THE STATE DEPART - File 4-10-238 MENT OF EDUCATION 17. Approval of City Audit by C. G. Uhlenberg & Accepted report. Company for Fiscal Year 1992-93 (Fin) - File 8-1 AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Heller and Zappetini from minutes of July 7, 8, and 12, 1994 only, due to nonattendance at meetings. The following items were removed from the Consent Calendar for discussion: 8.RESOLUTION APPROVING AGREEMENT WITH SAN QUENTIN PRISON (PW) - File 4-10-224 Councilmember Thayer stated it was wonderful that we will get an 8-10 man crew and asked how often it would be. Public Works Director David Bernardi answered that it would be four times between now and July, then approximately ten weeks a year at $1,149 per week. Ms. Thayer asked how many hours they are on duty, and Mr. Bernardi answered it is about a 32 hour week. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution as recommended by staff. Councilmember Cohen questioned the language of the requirement for emergency vehicle network and felt it was too open-ended. Mr. Cohen stated that the intent is that we will provide emergency vehicle services while the inmates are working for the City. Mr. Cohen also had a concern regarding the payment, and wanted to insure that the City would not be required to pay for time during which work is not performed due to prison scheduling or staffing levels. Mr. Bernardi agreed and stated he had spoken with the Warden's staff and explained to them that the City would pay only for actual time that the prisoners are working for the City. Any time there is a lock -down or a holiday or any other reason that the prisoners do not work on a scheduled day, the City will not pay. RESOLUTION NO. 9092 - AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING AND AUTHORIZING THE EXPENDITURE OF $4,500 SRCC MINUTES (Regular) 2/7/94 Page 2 3 AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 2/7/94 Page Heller, Thayer, Zappetini & Mayor Boro ll.RESOLUTION AUTHORIZING AN AGREEMENT FOR LEGAL SERVICES WITH LIEBERT, CASSIDY AND FRIERSON (CM) - File 4-3-214 Councilmember Zappetini stated we have used this firm for seven years and asked if other firms are entitled to apply for this job. Assistant City Manager Golt noted we do have agreements with several other firms for matters regarding labor relations. City Manager Nicolai explained that we have no commitment to use them, but if we do, they are agreeing up front what the rates will be per hour. Mr. Zappetini asked how much we spent with them last year and Ms. Nicolai replied "nothing". Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt the Resolution authorizing an agreement for legal services with Liebert, Cassidy and Frierson (Re: Labor relations). RESOLUTION NO. 9093 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND THE LAW FIRM OF LIEBERT, CASSIDY AND FRIERSON (from March 1, 1994 through February 28, 1995) (Re: Labor relations) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.RESOLUTION EXTENDING THE CONTRACT WITH PERSONNEL PERFORMANCE CONSULTANTS, INC., FOR CONTINUATION OF EMPLOYEE ASSISTANCE PROGRAM (EAP) FOR CITY EMPLOYEES THROUGH JUNE 30, 1995 (Per) - File 4-3-199 Councilmember Thayer asked if was a budgeted item. Personnel Director Chandler stated it is budgeted through June 30, 1994, and has been an ongoing part of the Personnel Department budget since the inception of the program. Ms. Thayer suggested reviewing these items as a part of the budget process and asked why this item is being brought before Council at this time. Mr. Chandler stated that the EAP group has extended this offer to go on a two-year agreement, and with that has provided certain enhancements to the program. Ms. Thayer agreed that the program is good for employee morale, but since we are in a "bare bones economy", it is important to look at each item. Mr. Chandler added that the agreement does allow for us to get out of it with 90 days notice. Councilmember Zappetini asked how much of the budgeted $10,000 have we used. Mr. Chandler answered that we pay a flat fee based on number of employees; it is not based upon usage. He stated that is the charge whether anyone uses the service or not. City Manager Nicolai stated there are a whole series of programs they offer that we have used, such as training opportunities. Mr. Zappetini asked if there is any way to determine how many employees used the EAP services. Mr. Chandler stated that this past year our utilization has been running at about 6%, or approximately 20 employees. He indicated that what it has saved us in terms of personal problems of those 20 employees, which have hopefully been resolved and not manifested on the job, would be difficult to determine. Mr. Chandler felt it has more than made up the $10,000. Mayor Boro pointed out that the $10,000 is not just for counseling services for 20 employees, but also includes the other services they provide. Mr. Zappetini asked if an employee takes advantage of the counseling services, is it done on their own time or on City time? Mr. Chandler stated that if it is a self -referral by the employee, it is done on an individual's own time. However, if it is a supervisory referral as a result of a problem that has manifested itself on the job, we may require them to attend on City time. Councilmember Thayer moved and Councilmember Heller seconded, to extend the contract with Personal Performance Consultants. RESOLUTION NO. 9094 - EXTENDING THE CONTRACT WITH PERSONAL PERFORMANCE CONSULTANTS, INC., FOR CONTINUATION OF EMPLOYEE ASSISTANCE PROGRAM (EAP) FOR CITY EMPLOYEES THROUGH JUNE 30, 1995 (not to exceed $10,000 per fiscal year) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro SRCC MINUTES (Regular) 2/7/94 Page 3 4 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 2/7/94 Page 13.RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BY THE CITY MANAGER FOR SPECIAL SERVICES BETWEEN CITY OF SAN RAFAEL AND THE LAW FIRM OF LIEBERT, CASSIDY AND FRIERSON TO PROVIDE SUPERVISORY TRAINING AND OTHER SPECIAL SERVICES TO THE EMPLOYEES OF THE CITY OF SAN RAFAEL (One Year Commencing February 15, 1994) (Pers) - File 4-3-214 Councilmember Zappetini asked how many people participate in this program. Personnel Director Chandler stated there are 15-30 employees at each workshop and five work- shops a year. Mr. Zappetini asked if the workshops are held on City time, to which Mr. Chandler replied, "Yes". Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 9095 - AUTHORIZING EXECUTION OF AGREEMENT BY THE CITY MANAGER FOR SPECIAL SERVICES BETWEEN CITY OF SAN RAFAEL AND THE LAW FIRM OF LIEBERT, CASSIDY AND FRIERSON TO PROVIDE SUPERVISORY TRAIN- ING AND OTHER SPECIAL SERVICES TO THE EMPLOYEES OF THE CITY OF SAN RAFAEL (ONE YEAR, COMMENCING FEBRUARY 15, 1994) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15.AGREEMENT WITH DONALD L. BLAYNEY FOR LANDSCAPE ARCHITECTURAL SERVICES FOR PICKLEWEED PARK PLAYGROUND (Rec) - File 4-10-275 Councilmember Thayer asked if there have been any other proposals for this. Recreation Director McNamee stated there was one other proposal, but it was more money, and even though the qualifications were the same, Donald L. Blayney was more reasonable in cost. Ms. Thayer asked if she had gone out for bids. Ms. McNamee answered that they are not required to go out for bids for professional services, so she asked for proposals based on a list of criteria she had developed. Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt the Reso- lution authorizing an agreement with Donald L. Blayney for Landscape Architectural Services for Pickleweed Park. RESOLUTION NO. 9096 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH DONALD L. BLAYNEY FOR LANDSCAPE ARCHITECTURAL SERVICES FOR PICKLEWEED PARK PLAYGROUND AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: Heller, Thayer, Zappetini & Mayor Boro PRESENTATION OF RESOLUTION OF APPRECIATION TO HOLLIE STANALAND, CHILDREN'S LIBRARIAN, EMPLOYEE OF THE QUARTER (October 1, 1993 through December 31, 1993) (CM) - File 7-4 x 102 x 9-3-61 Mayor Boro explained that once each quarter the employees choose an Employee of the Quarter who receives $100 plus a Resolution of Appreciation from the City. This quarter the Employee of the Quarter (for October 1, 1993 through December 31, 1993) is Hollie Stanaland, Children's Librarian. Mayor Boro stated that when we went through the budget hearings about two years ago, it was not a matter of restoring an item in the Library budget, it was bringing Hollie back to the Library. Mayor Boro read a portion of the Resolution and presented it to her. Councilmember Cohen stated his daughters love Storytime, and when they heard Ms. Stanaland won the award, they were thrilled. He also noted that his wife has stated that Ms. Stanaland really puts her heart into what she does, going far beyond what people would expect her to do and inspires children to read. Ms. Stanaland expressed her appreciation for the award and gave some of the credit to Vaughn Stratford, Library Director and Gail Lockman, Librarian and her co-workers. She stated she appreciates the opportunity to work for the City of San Rafael and commented on the enormous support the Council has given to the Library. PUBLIC HEARINGS: SRCC MINUTES (Regular) 2/7/94 Page 4 SRCC MINUTES (Regular) 2/7/94 Page km 18.PUBLIC HEARING - NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, ZONE CHANGE, USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW, SUBDIVISION, AND TRIP PERMIT FOR A 62 UNIT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 1 TRINITY WAY; (ST. ISABELLA'S) ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO, OWNER; JANE GRAF/CATHOLIC CHARITIES, REPS., AP #175-181-26 (Pl) - File 10-6 x 10-3 x 10-5 x 10-7 Planning Director Pendoley gave a brief history of this project which has been before the Council on several occasions. He stated Catholic Charities first submitted their application in September, 1991, applying for a 62 -unit affordable housing project for low and very low income seniors. The Planning Commission considered the request in January, 1992, and unanimously recommended approval. The Council considered it on appeal in March, 1992, and gave unanimous endorsement. In April, 1992, Mr. Alan Titus filed a petition for a writ of mandate in Superior Court challenging the approval. The Court ruling came back in October, 1992, in which the Court granted the petition on two counts, 1) the deficiency of certain noticing and 2) the City's misinterpretation of four General Plan policies. Subsequent to that, the Council rescinded the approval. Catholic Charities modified their application to include a General Plan Amendment which would propose to correct the Court's findings that the Council and Planning Commission had misinterpreted. Catholic Charities also made several technical changes to the proposed zone change, the use permit and the subdivision application, as well as filed for a trip permit. The issue was brought back to the Planning Commission in September, 1993. The Commission adopted a Resolution on a unanimous vote recommending adoption of the Negative Declaration and approval of the General Plan Amendment, as well as all of the other permits. In October, 1993, the Council considered this, and at that time, the Council focused its attention on the General Plan Amendment, asking for several alternatives to be brought back. On November 15, 1993, Council directed staff to take Alternative 1 back to the Planning Commission. The Commission held hearings in January, 1994, and reheard the entire package of applications and recommended approval. The General Plan Amendment is essentially the same as that considered in November, 1993, with a minor change to H-37, relating to density bonuses for senior citizens. A minor clarification was made to make it clear that it was available in low and medium density districts so it would conform to the other General Plan Amendment. The remainder of the project is exactly as proposed in September, 1991. Mayor Boro asked about a revision that was received tonight, and Mr. Pendoley stated there had been some minor typographical errors which had been corrected, and this replaces the Ordinance which would accomplish the rezoning, Exhibit 6. Councilmember Thayer asked about the rewording of the various policies dealing with low residential areas which state it has to be within 1500 feet of transit stops and services such as grocery and pharmacy. Ms. Thayer questioned attaching that to the low density and not medium density projects if the purpose is to accommodate the elderly. Mr. Pendoley stated that the density program bonus is incorporated in two policies, LU -10 and H-20 which cover a range of land use designations and a range of types of affordable projects, not just projects for the elderly. Therefore, we would not want to apply the criteria to all types of affordable projects that qualify for a density bonus. Those criteria are available for reference. Ms. Thayer noted that it does not specify that this is likewise applicable to medium and high density areas, and she was afraid someone might find this inconsistent. Councilmember Cohen stated that in Exhibit 3, the specific rewording of H-37 reads "Senior residential projects locations, low and moderately priced senior housing may be developed on medium and high density residentially designated flat sites within walking distances of services and transit routes." Mr. Cohen suggested that we could add to that language a more specific definition of flat sites being less than 10% slope and walking distance being defined as 1500 feet. Ms. Thayer felt this did not address the point and is not consistent with what is required in medium density areas; in other words, a lesser standard is required in medium density areas. Mr. Cohen did not agree, stating they both require flat sites and both require walking distance. He noted that if we amend H-37 tonight, it would have to go back to the Planning Commission. Mayor Boro asked City Attorney Ragghianti if we were applying different standards to medium and high density areas. Mr. Ragghianti stated that if it was the consensus of the Council to include the language that Councilmember Thayer wants in H-37, he did not believe it would have to return to the Planning Commission; it could be included in the definition H-37. Mr. Pendoley confirmed that the specific criteria being discussed is being within 1500 feet of transit stops and services such as grocery and pharmacy. The other criteria about flat site is already included. Ms. Thayer stated that her concern is that the standard should be applicable to both low density and medium density since the SRCC MINUTES (Regular) 2/7/94 Page 5 SRCC MINUTES (Regular) 2/7/94 Page rationale behind it is to accommodate the elderly, noting that while it would not affect this project's approval, at some later date someone could challenge that for a medium density senior housing project. Councilmember Cohen noted some typographical stated that there are a number of errors ties) will provide the corrections. Mayor Boro opened the public hearing. errors in Exhibit A. City Clerk Leoncini and Tay Via (Attorney for Catholic Chari - Merle Malokof, Catholic Charities Project Manager, stated there has been a change in the financing from two years ago. Originally, some funding had been received which was used primarily for planning and development expenses. They anticipated certain financing packages, applications were made, but they were not awarded the funding. Subsequently, they applied for funding from a Federal program, HUD Supportive Housing for the Elderly, Section 202 and were awarded that grant. Mr. Malokof stated what was significant about that grant is that the funding comes on a per unit basis and that it comes not only with the development grant ($4.5 million), but it also comes with a commitment for funding to subsidize the operations across time which will allow the very lowest income elderly to be reached. It requires the limit of eligi- bility to be set at very low income because HUD will directly subsidize the operation of the project. Residents will be charged rent equal to 30% of their adjusted income. If a resident had medical expenses or certain other expenses, the rent could be lowered. Mr. Malokof stated this is the ideal affordable housing program. He acknowledged the tremendous support from the community and St. Isabella's parish, noting most of them are residents of Terra Linda. He asked them to stand and be recognized for their commitment to affordable housing. Alan Titus, neighbor of the project, stated he had brought suit the first time and re- emphasized that the neighbors believe this is a good site for affordable senior housing. Their complaint is that there would be too many units on too small a space with too small a setback, as little as 14 feet from neighbors' fences. Mr. Titus spoke of his letter of September 13, 1993, noting the questions raised had been answered on page 5 of the staff report. However, he felt the answers did not do his claims justice and wanted to speak to that. First, Mr. Titus stated the need that a General Plan state the standards of density and intensity for all areas of the City. The General Plan (Amendment) before the Council tonight does not do that. He stated the answer in the staff report is that the General Plan (Amendment) does state standards. Mr. Titus agreed that it does state standards for everything but bonuses used. His claim is that standards also need to be set when a density bonus is used. Second, he addressed the environmental problems and cited a case from December, 1993, Desmond vs. the County of Contra Costa, which clarified an issue that was present the first time this came up. It said that the neighbors' viewpoints on issues such as the land use, noise and parking are considered substantial evidence. Mr. Titus stated that the Council has stated that there has been no substantial evidence put before them of environmental impacts. However, there has been numerous public testi-mony from neighbors of concerns they have and of the inconsistency of the project. However, two of the present Councilmembers did not hear that testimony because they are newly elected, and the transcripts are not a part of the record. Mr. Titus asked how a decision could be made when they have not heard that testimony. Lastly, he stated the neighbors are still very dissatisfied; they feel they have not been heard or answered. Jeff Kirchmann, stated he objects to the construction of a massive, high density, multi- family apartment building in established neighborhoods of single family homes. He noted the density of this project fails to respond to prevailing densities of adjacent developed areas as required by the provisions of the General Plan 2000, page 16. The proposed structure does not enhance existing residential development through appropriate building scale as required by policy LU -34. Mr. Kirchmann questioned the failure to specify standards in terms of population density (the number of people who reside in the area) and intensity of use (the number of units per acre). He stated when he reviewed the files, he could not find evidence that the currently proposed General Plan Amendment had been summarized and sent to various adjacent jurisdictions and other governmental agencies as required by the City's General Plan Amendment pro- cedures. Mr. Kirchmann agreed with the comments of Councilmember Thayer and asked that the provisions of Policy H-37 be harmonized with the other amendments. Speaking of zoning considerations, Mr. Kirchmann stated he had trouble understanding how this project satisfies the specific purposes of planned development district which are set forth in Section 14.07.010 of the Zoning Ordinance. Those specific provisions which he felt are not applicable in this case are: - to promote and encourage cluster development on large sites to avoid sensitive areas of property; SRCC MINUTES (Regular) 2/7/94 Page 6 7 SRCC MINUTES (Regular) 2/7/94 Page - to encourage innovative design on large sites by allowing flexibility in property development standards; - to encourage establishment of open areas in land development; - to encourage assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods; - to establish a procedure for development of large lots of land in order to reduce or eliminate the rigidity, delays and conflicts that would otherwise result from application of zoning standards and procedures designed primarily for small lots; - to accommodate various types of large-scale, complex, mixed-use, phased developments; - to enable affected governmental bodies to receive information and provide an integrated response to both the immediate and long-range impacts of such proposed developments. Therefore, Mr. Kirchmann stated he did not believe the matter before the Council complies with Section 14.07.060m or 14.07.100. He was also concerned that many of the studies performed in 1991 have not necessarily been updated to take into account intervening developments in the neighborhood. In the January, 1992, Planning Commission hearing, the point was made that there would be a 5% or 6% increase in traffic in the immediate area in the afternoon hours. The staff report indicates the traffic impact would be less than 1% during peak hours. Clark Allen, 25 year Terra Linda resident, stated that the neighbors would welcome a senior housing project; however, their concern is the magnitude for the small piece of property. He felt this project is not compatible with the character of the neighborhood. Mr. Allen noted that in recent months there have been attempts in downtown San Rafael to change the general makeup to allow for residential units which have been turned down because they do not conform with the long-term goal. However, an oversized project is being attempted in Terra Linda in a single-family residential neighborhood. Jay Tillotson, President of San Rafael Housing Corporation, addressed the Council in support of this project. He stated that this country has lost a sense of the common good, and this project serves the common good of the City of San Rafael, although it may not, in the opinion of some neighbors, serve their common good. The Board of the San Rafael Housing Corporation voted unanimously to support this project; 2/3rds of those voting are residents of Terra Linda. Mr. Tillotson believes the neighbors are only concerned about their own property values. Robert Nalducci, resident of Elena Circle, stated that originally a 40 -unit proposal was submitted to the City, but in January, 1992, the project grew to 72 units and three stories, being reduced to 62 units and two stories in July, 1992. He agreed with the concept of the project, but with 40 units. Mr. Nalducci stated this is the second set of story poles that have been erected and they only show one story ele-ments for 25 feet at either end of the project, barely showing the two-story elements for the 400 feet in the middle. The story poles obliterate all views of the hills and neighbors' homes and backyards. Mr. Nalducci noted that when the second set of story poles were restructured, two members of the Design Review Board expressed concern about the setbacks on Freitas Parkway. At the September 14th Planning Commission Meeting, Commissioner Phillips, after seeing the story poles, wanted the Design Review Board to look at the project again. Mr. Nalducci showed slides of the story poles and pointed out that they are 11 feet 8 inches from Freitas Parkway and stated the project is too large for the area. Mr. Nalducci also discussed the Environmental Initial Study. He pointed out inconsistencies between this project and the Copple project, including light and glare. Street and building lights will be visible off- site at the Copple project. The St. Isabella's project will incorporate appropriate means to insure that new light and glare will not result in a potentially significant impact. The Copple project will result in a substantial alteration of the present land use area; the present use is single family homes; the St. Isabella project will not result in a substantial alteration of the present land use area. The Copple project will generate substantial additional vehicular movement and increase in traffic hazard to motor vehicles, bicyclists and pedestrians; St. Isabella's will not. The Copple project will result in the creation of an aestheti-cally offensive site open to public view; the project will be visible from below and from San Rafael; St. Isabella's will not. The Copple project will require an EIR; the St. Isabella's project will not. Mr. Nalducci stated that the overwhelming opinion of the neighborhood is that the St. Isabella's project is too large for the neighborhood and is incompatible with low density surrounding it. He also stated there is polarity in the neighborhood with the church being for the proposed project and the neighborhood being against the 62 unit facility and he believes if the project is approved, the SRCC MINUTES (Regular) 2/7/94 Page 7 Rl SRCC MINUTES (Regular) 2/7/94 Page polarity will be continued. Mr. Nalducci showed slides of the Smith Ranch Health Care Center to be used for comparison. He read a neighborhood resolution which stated..."it is time for you to diffuse the polarity. This can be done with a 40 - unit facility with minimal amendment to the General Plan. The desired goals are met. The General Plan still protects neighbors, the church will still have a seniors' facility, the community will have a seniors' facility, the neighbors will have a seniors' facility that is in scale with the neighborhood." Victor Pazarro, resident of Novato, two blocks from the homeless tent, stated he has followed this project because this is the kind of project he wishes had been considered in his neighborhood. The homeless tent has 60-90 residents. He stated that those who object to the St. Isabella's project should think with their hearts and realize this can be a great boon to the community and particularly to the elderly who need our assistance. Tay Via, attorney for Catholic Charities, clarified that there is no State law requiring that there be a cap on density bonuses. Also, she addressed the case that Mr. Titus raised, Desmond vs. Contra Costa County, noting that case does not stand for the proposition that neighborhood comments necessarily rise to the level of substantial evidence, but rather that they may. It is up to the Council to determine which testimony is opinion or unsubstantiated statements and which are significant evidence. Regarding the slide material and initial studies, Ms. Via pointed out that it is inappropriate from a legal standpoint to compare different initial studies because there are differences in each project, and different project sponsors are more or less willing to incorporate mitigation measures and other items that will result in different impacts on the project once it is incorporated. Mayor Boro closed the public hearing. Mayor Boro asked City Attorney Ragghianti about the question raised by Mr. Titus regarding the eligibility of two of the Councilmembers. Mr. Ragghianti quoted a Latin maxim, "He (or she) who votes must hear", which means in this case that the Councilmembers who were not here before, must have familiarized themselves with the record of the proceedings and they should so state before they undertake the vote. Mayor Boro asked, regarding the circulation of the General Plan Amendment to other jurisdictions, have we complied with all requirements? Mr. Pendoley answered that we have. Mayor Boro asked Councilmembers Heller and Zappetini if they had reviewed the records of this project and feel qualified to vote based on what they know. Councilmember Zappetini stated that he has gone through the material. Councilmember Heller stated that she was on the Planning Commission since the beginning of this project, has discussed and voted on this project several times and is familiar with all of the material that has been given to her. Councilmember Thayer stated that an argument was made that somehow this project failed to qualify under planned development standards. Mr. Pendoley answered that it does comply with criteria for planned development. He noted that Mr. Kirchmann read the purposes of the planned district. The purpose most clearly addressed was projects for which the standard site development criteria and the single family district would not be appropriate. This allows for site development criteria tailored to the project. This meets all technical requirements. Councilmember Zappetini stated he has talked with many neighbors in Terra Linda, and they mostly agree that they want senior housing, but the biggest point of disagree-ment is the difference in the number of units. Mr. Zappetini stated that a 40 -unit project is marginal financially, 62 units provides a cushion. Therefore, he agrees with a 62 -unit facility. Councilmember Thayer stated she is convinced it is not economically feasible to have a 40 - unit project, especially since the units are for very low income seniors. She believes this project, at 62 units, is an asset to the community. Ms. Thayer pointed out that the additional 22 units of elderly, frail residents will not create a traffic burden. Councilmember Heller asked if a request was actually ever received asking for a 40 -unit project? Mr. Pendoley answered that the only application received was for a 62 -unit project. Councilmember Cohen stated that Mr. Tillotson put it very well, that the Council is compelled to seek the common good. He stated it was not fair to say the neighbor- hood's concerns have been pushed aside and not been given serious consideration. He assured Mr. Titus that he and his colleagues have given the objections and concerns SRCC MINUTES (Regular) 2/7/94 Page 8 SRCC MINUTES (Regular) 2/7/94 Page very serious consideration. However, he feels the common good outweighs the objections and therefore supports the project. Mayor Boro agreed that we have heard the comments of the neighbors. He noted that San Rafael Commons is 82 units on less space than St. Isabella's, and he believes that since St. Isabella's is 62 units on 2.67 acres, the design will accommodate the neighborhood. He stated the story poles show sufficient setback for the second story from the street. He addressed the statement that projects have been turned down in San Rafael, noting that he cannot think of any. Centertown, with 62 units opened last year, 40 units at the One "H" Street telephone company building site, and 26 afford- able for purchase condominiums a block from City Hall (Boyd Court). Mayor Boro stated that no one part of the community is being picked on for affordable housing. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt a resolution adopting a Negative Declaration. RESOLUTION NO. 9097 - ADOPTING THE NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT TO ALLOW FOR AFFORDABLE SENIOR HOUSING PROJECTS IN CERTAIN LOW DENSITY RESIDENTIAL LAND USE DESIGNATIONS (GPA93-2); AND FOR A ZONE CHANGE, USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT, SUBDIVISION, AND TRIP PERMIT FOR A 62 -UNIT AFFORDABLE SENIOR HOUSING PROJECT (St. Isabella), 1 Trinity Way, AP175-181-26, San Rafael AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Thayer seconded, to adopt a Resolution approving a General Plan Amendment. RESOLUTION NO. 9098 - ADOPTING A GENERAL PLAN AMENDMENT TO ALLOW DENSITY BONUSES IN CERTAIN LOW DENSITY LAND USE DESIGNATIONS (GPA 93-2) AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: Heller, Thayer, Zappetini & Mayor Boro "AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE TERRA LINDA AREA RE: Z91-6 - 1 TRINITY WAY - A 62 -UNIT AFFORDABLE SENIOR HOUSING PROJECT, AP 175-181-26, ST. ISABELLA'S SENIOR HOUSING PROJECT" Councilmember Heller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1659 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution approving a Use Permit, Environmental and Design Review Permit, Trip Permit and Small Subdivision. RESOLUTION NO. 9099 - APPROVING A USE PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT, SUBDIVISION, AND TRIP PERMIT FOR A 62 -UNIT AFFORDABLE SENIOR HOUSING PROJECT (St. Isabella), Z-91-6, UP91-53, ED91- 69, s91-6, T93-1, 1 Trinity Way, AP175-181-26, San Rafael AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19.PUBLIC HEARING - APPLICATION FROM KDL FOR A NEW CERTIFICATE TO OPERATE TAXI SERVICE IN SAN RAFAEL (Fin) - File 9-9 SRCC MINUTES (Regular) 2/7/94 Page 9 SRCC MINUTES (Regular) 2/7/94 Page 10 Mayor Boro explained that the Council has a duel role, not only to receive input and make a decision, but also a regulatory role. He indicated that the staff report asks Council to consider several points, and they have received a considerable amount of correspondence from opponents to this application, plus a response from the applicant to the allegations made. Mayor Boro asked City Attorney Ragghianti to explain what needs to be done and what the focus needs to be. Mr. Ragghianti stated that the charge of the Council tonight is to sit as a fact -finder to determine if the public convenience of the City of San Rafael requires that this license be granted. He stated there are some criteria which are specified in the ordinance which is attached to the staff report in Section 10.60.030, which says..."You shall issue such a certificate or refuse to do so in your own judgment if the public convenience of the City, in your opinion, requires that the license be issued or that it not be." Mr. Ragghianti indicated that Finance Director Coleman has a problem with Findings A and F, indicating that he believes B through and including E may be made. Mr. Ragghianti stated it is within the Council's discretion to determine which they wish to admit and consider. Finding F is evidence you can consider advisable and helpful to the decision. Finding A sets forth the conclusion that must be reached, whether the demands of the public require that there be addi- tional transport services. He stated it is not necessary for Council to consider all of the information presented, only the information they believe will be helpful to the consideration of the issue of whether the public convenience requires this license be issued. Finance Director Coleman stated he was involved in the staff reports of 1984 and 1991, at which time he recommended that the Council consider the applicants for a new taxi service in both cases. He provided the reasoning in both of those previous requests. In 1984, there was a recommendation that Radio Cab be approved as a taxi service in San Rafael because there was only one taxi service at that time. It was felt that competition was needed. In 1991, it was recommended that Belaire Cab be approved to operate in San Rafael because of competition. Mr. Coleman felt that Yellow Cab, under previous ownership, was not providing a quality product; the condition of the vehicles was less than satisfactory. Also, Radio Cab had just received permission to operate in Mill Valley. Belaire then came back to San Rafael and asked to operate in San Rafael. Both the 1984 and 1991 applications were approved by Council. Mr. Coleman stated there are several factors to be considered in the current applica-tion. He stated that the qualifications were met in Findings B through E, although the financial resources of the applicant is adequate but marginal. The main issue is whether there is a demand or need for the service. The definition of demand or need includes the number of cabs, the quality of the cabs and the quality and type of service. Mr. Coleman stated that if Council is not satisfied that there is a demand for the service, they can either deny the application or let the free market deter- mine the number of cab companies that should be in San Rafael. He stated there are legal issues involving KDL, Radio Cab and Yellow Cab, as well as other issues involved in the split between the old Yellow Cab and the new owners of Yellow Cab. Councilmember Thayer asked if these companies have adequate insurance and workers' compensation. Mr. Coleman answered that we do not get involved in workers' comp, but we do get involved in liability insurance, noting that during the last two years we have had considerable problems with Yellow Cab's liability insurance. He indicated Yellow Cab has gone from 12 or 14 vehicles to 3 vehicles which were authorized at the time the previous owner was operating the company. During the last two years, there have been constant problems with cancellation of insurance due to lack of payment of the premium. Also during the last year, there have been problems where all cab companies were required to change their insurance because they were all insured with an off -shore insurance company, and the code requires that they be insured by somebody authorized to do business in the State of California. Last Spring, the State of California indicated these insurance companies were no longer eligible to do business in the State. Councilmember Thayer asked the purpose of regulating these companies other than to verify insurance and if the City had any liability in case someone was injured. Mr. Coleman stated he had spoken with Assistant City Attorney Walker who felt the City did not have legal liability in that area; however, a person could sue the City or the City could be named in a suit. He stated that has been our only involvement in the taxi business for the last several years. Ms. Thayer asked if we are obligated in any way to regulate. Mr. Coleman stated there are several cities in Marin County who do not get involved at all in the regulation of taxis, noting only four cities make any attempt at regulation. The other three cities besides San Rafael do not get involved in insurance issues and only get involved as far as who operates in their communities. Ms. Thayer suggested that a regulatory function might increase the City's risk. SRCC MINUTES (Regular) 2/7/94 Page 10 SRCC MINUTES (Regular) 2/7/94 Page 11 City Attorney Ragghianti stated we have immunity under the government code as do all California cities for the issuance or refusal to issue a license. The decision on the part of a public agency to get into this area is usually borne out of making certain that when this type of transportation is offered to the residents, it is adequate, that public health and safety are protected. He stated there is also money involved sometimes in terms of permits that generate revenue to defray the cost of regulation. Mr. Ragghianti stated he agrees with Mr. Coleman that he does not see any exposure. Councilmember Heller asked whether we are immune from problems regard mechanical fitness, and Mr. Ragghianti answered that we are. He stated that anyone who wants to operate a vehicle for hire in San Rafael must obtain a license, but we have no obligation to inspect the vehicles. Councilmember Zappetini asked what kind of money a taxi generates for the City. Mr. Coleman stated there is only the original one-time application fee of $250. The ongoing revenue would be for a business license, which at most would be no more than $200 a year. Mayor Boro concluded that historically we have done this primarily to insure residents receive consistent service. Councilmember Cohen asked if the license is granted to the operator or to each cab. Mr. Coleman answered that it is granted to the company itself. Mayor Boro reiterated that what the Council should be interested in is the applicants stating why they feel there is a need for this service, and pointed out that they are not interested in any items such as pending lawsuits between the companies. He stated that since there is nothing the Council can do about those issues, it will do no good to hear about them. He also noted that Council is not here to hear allegations of unethical or illegal practices. Mayor Boro declared the public hearing opened. Ian Lambton, one of three partners of KDL Taxi Services, stated he has had 4-1/2 years of experience in the taxi service. He indicated one of the principal concerns in meeting transit services in San Rafael has to do with the decline of Golden Gate Transit local bus service which has been considerably curtailed due to budget restraints. He stated it is virtually impossible to get bus service after 7:00 p.m. to outlying areas of San Rafael including Peacock Gap, Terra Linda, Sun Valley and parts of the Dominican area. Limousine and van services are to a large extent de- regulated and are free of restriction in San Rafael. They are allowed to succeed or fail according to the free market. The rates set by these companies are set by the market place. He noted that these businesses appeal to a considerably more upscale market than taxi services. However, the elderly, disabled or average working person cannot afford such transportation, and competition in the taxi market would tend to bring prices down. Mr. Lambton explained that KDL is a group of cab drivers and dispatchers who are currently out of work because they want to work with KDL rather than the new Yellow Cab Company. He feels there is an increased need in the local market for taxis because there are times when a person has to wait 40 minutes to an hour for a taxi. The ratio of cabs to people varies greatly throughout the country. In San Francisco there are 800 taxis to 680,000 people, or a ratio of 850 people per cab, and there are many complaints there about the difficulty in obtaining a cab. In San Rafael, there are 16 properly insured cabs to about 60,000 people, or a ratio of 3750 people per cab. He also noted that the population in San Rafael is on the increase, and the population is changing to more elderly people, who use more taxis. The Santa Rosa Airporter is increasing the number of busses they will run to the airport which will bring more people to the San Rafael Transit Center. Competition for services between smaller companies increases both the availability and the efficiency of overall services. Mr. Lambton indicated the following as benefits to San Rafael if taxi service were increased: no public costs beyond licensing requirements covered by the fees paid to the City; free market fosters the demand for quality; fill the gap left by public transportation; possibility of increased competitive para -transit services, offers some relief of ambulance services in providing comparatively low cost emergency transit; reduces incidences of drunk driving, therefore relieving police services; relieves traffic congestion and pollution services with fewer vehicles on the roads; reduces demands for parking space; employs local people. Councilmember Thayer clarified that KDL is comprised of drivers from what was once Yellow Cab. Mr. Lambton said that as Yellow Cab was looking at a significant decline in recent years, some employees were interested in purchasing that company. Councilmember Cohen asked where the number of 16 licensed cabs came from. Mr. Lambton SRCC MINUTES (Regular) 2/7/94 Page 11 12 SRCC MINUTES (Regular) 2/7/94 Page answered that the information came from the City Clerk's office, 10 from Radio Cab, 4 from Belaire and 2 from the new Yellow Cab. Mr. Cohen asked how many cabs KDL has. Mr. Lambton replied there are 5 brand new cabs, 3 are sitting idle and 2 are operating in the border communities around San Rafael. Mr. Cohen asked if there were any figures for similar communities pertaining to ratio of cabs per population. Mr. Lambton did not have additional figures. Mr. Cohen asked if KDL had plans to offer para -transit services; Mr. Lambton replied they did not. Mr. Cohen asked if there is a certain number of cabs a company has to operate to provide a reasonable profit. Mr. Lambton stated that since a company acquires all of its income from the drivers who are either employees of the company or who lease cabs by the company and not from the paying customer, it is important to have a minimum of five cabs. Councilmember Heller asked the total amount of cabs we have had in the past. Mr. Coleman stated that between Radio Cab and Yellow Cab, there were as many as 16-20 at one time. Mr. Lambton stated if a company has a high ratio of cabs to incoming business, individual drivers make less money. Therefore, their objective, rather than to put as many cabs on the street as possible is to increase business so there is a rationale for increasing the number of cabs. Councilmember Zappetini asked what kind of a maintenance program KDL had. Mr. Lambton indicated there is a move towards owner -operators. The company would not own any vehicles, but drivers would contract with KDL who would be more of a dispatch and management service. Two things they are pursuing are an extended space as a parking space or a space for cleaning and minor maintenance, and the other is to develop more specific contracts with local auto shops to provide these services. Technically, as owner -operators, the cab owner has the choice to maintain his vehicle as he chooses. Mr. Lambton stated KDL does not have a maintenance program, nor do they intend to. Lawrence Harvey, owner of Belaire Cab and President for 20 years, stated they have been successfully operating in Southern Marin since 1955. Approximately two years ago they were granted permits to operate in San Rafael. Since that time, they have been providing extensive marketing, advertising and promotional programs. With all that effort, they have created only enough clientele to warrant 2-3 cabs. Mr. Harvey stated that since they are in the public transport business, they are open 365 days a year and receive no government subsidies. He stated the only power the Council has to help them stay healthy and solvent is to limit the number of existing cab companies in the area. They cannot create a need for business, and there is a limited amount of business, and that is why there are restrictions. Councilmember Zappetini asked Mr. Harvey how many cabs Belaire Cab owns? Mr. Harvey answered they own 13 taxis; however, they only generate enough business for 2-3 cabs. There are 7-9 taxis covering Southern Marin. Don Tope, owner of Radio Cab, and one of the principals in the acquisition of Yellow Cab, gave a history of the taxi business in San Rafael. He stated that until 18 months ago, there were only two cab companies serving San Rafael, both in a precar-ious state of finances. At that time, the Council permitted Belaire Cab to enter the market. The old Yellow Cab has since gone bankrupt. Mr. Tope and his associates have acquired that company, and he is very concerned about admitting yet another cab company, KDL. Mr. Tope clarified that Yellow Cab is not an extension of Radio Cab, but rather a complete separate entity. However, given the present market, they have been forced to piggy -back Yellow Cab with Radio Cab until it can be fully revived, hopefully within six months. Mr. Tope explained that Yellow Cab is a completely owner -operator company. Yellow Cab will provide maintenance services if the driver/ owner wishes. Otherwise, the driver/owner must submit to inspections so the cab will be suitable for service. Mr. Tope stated he is very concerned about having another cab company in San Rafael because the business is not there to support it. He disagreed with Mr. Coleman in that suitability to operate in this business, fair business practices, obedience to the rules, unsafe and unsound business practices, etc. are something the Council should be concerned about. Councilmember Coleman asked what Mr. Tope thought was an operable number of cabs for San Rafael and how many cabs it took to justify a license. Mr. Tope answered that it takes 10-12 cabs to justify a maintenance facility and to be able to operate 100-130 shifts a week to make it marginally profitable. He stated they are presently running two Yellow Cabs and are planning to increase to five in the next two months, and he believes San Rafael is at a near saturation level. Al Weiser, KDL employee and a San Rafael cab driver for six years, stated some of his experiences as a driver. He had letters from local businesses stating they need good cab service for their customers, drivers who are honest, helpful, courteous. Mr. Weiser also stated older people especially depend on cabs, and they want to see familiar drivers. Also, he stated that the condition of the old Yellow Cabs was terrible; now KDL has new cabs. He stated he notified the District Attorney last year SRCC MINUTES (Regular) 2/7/94 Page 12 13 SRCC MINUTES (Regular) 2/7/94 Page regarding the condition of the cabs. The District Attorney contacted both the San Rafael Police Department and the California Highway Patrol, but was told they had no jurisdiction to inspect the cabs. Mr. Weiser felt that the quality of the driver and the cab is of primary importance. By approving KDL's request for a permit, it will be putting ten drivers/dispatchers back to work. Mayor Boro closed the public hearing. Mayor Boro stated there has been a change in transportation in San Rafael over the past year or so primarily because of the transit center, and felt what we are dealing with right now is that we have a company that was here, and now has a change of ownership. They have been providing a service under an old name, and want to continue under a new name. Councilmember Thayer noted that if the drivers that were with Yellow Cab are now with this new company, there would not be any additional drivers on the road. She stated she believes in a free market, and whether this company makes it or not is going to be up to them; there is nothing the City can do to foster that. We should not try to hurt their chances. Ms. Thayer stated that the services of Golden Gate Transit are not as good as they used to be, a lot of routes have been cut, and it is hard to get public transit at night. Therefore, Ms. Thayer sees a need for the additional service. Councilmember Zappetini recommended something be done about KDL's maintenance program, but otherwise, he supports the request for a permit. Councilmember Cohen asked if there is any historical data relating to the number of cabs which have insurance? Finance Director Coleman answered that there may be a record if we look at the certificates of the cabs that were covered. The biggest fluctuation was in Yellow Cab which has gone from 14 cabs down to 3. Radio Cab has gone from 5 cabs in 1984 to 10, presently. Belaire has been in the range of 2-4 cabs. There is no limit on the number of cabs except for the number that the cab companies wish to insure. Mr. Coleman noted that both Radio and Belaire Cabs have been providing good service with good vehicles. The biggest complaint has always been with the old Yellow Cab with very poor equipment even though they had their own maintenance yard. Mr. Cohen stated there are good reasons, in the interest of public safety, to regulate this particular business. The market will determine how many cabs are appropriate, but the threshold of profitability is one which the Council should take into consideration. The competition and quality of cabs and service should dictate who wins the market; however, Mr. Cohen was concerned about the con- dition the old Yellow Cab got into. He stated that if another license is going to be granted, what is being risked is that at least one of the companies may not be viable because of the demand or lack of it. He suggested putting forth some additional regulations that would allow a license to be revoked when a company got into the condition that the old Yellow Cab was in. Mayor Boro suggested that at another time the issue of regulating cabs should be discussed, including funding. However, tonight the decision is whether to issue a Certificate of Convenience to KDL Taxi to operate within San Rafael. Mr. Coleman stated that one of the main concerns is the condition of the cabs, and it would be a good idea if we would require the cab companies to have their vehicles inspected by a third party. Councilmember Cohen asked if there is a time limit on a license once it is issued. Mr. Coleman stated that previously there has been no limitation in terms of length of time or number of cabs. Mr. Cohen suggested we put a time limitation, at which time they would need to reapply. City Manager Nicolai suggested that if we have the ability to revoke, we should have some criteria, such as a certain number of complaints or if the insurance expires more than twice that we would pull the permit and bring it back to Council. Ms. Nicolai stated we can set up some criteria under the existing authority we have; it just needs to be established procedurally at the staff level, and the periodic inspection of the cabs by a third party would also be a good idea. Councilmember Heller stated she concurs with the rest of the Council and asked if we get regular notifications from the insurance companies when something is cancelled. Mr. Coleman answered that the insurance companies are required to notify the City if the insurance is cancelled for whatever reason. Ms. Heller asked if KDL Taxi has insurance on file with us for all of their cabs. Mr. Coleman stated that no insurance is required at this point because they have not as yet been approved by the Council to operate. Mayor Boro asked if there are enough spaces at the Transit Center for the cabs. Mr. SRCC MINUTES (Regular) 2/7/94 Page 13 14 SRCC MINUTES (Regular) 2/7/94 Page Coleman stated there are 2 or 3 spaces for taxis at the Center, although they are not marked for any particular cab company so anyone can park there. The cab companies have requested signs identifying spaces for each cab company. Councilmember Zappetini moved and Councilmember Thayer seconded, to adopt a Resolu-tion issuing a Certificate to operate taxi service in San Rafael, and asked the City Manager and Finance Director to bring a recommendation to the Council within 6 months to insure the maintenance and safety of the vehicles. RESOLUTION NO. 9100 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO KDL TAXI SERVICES, dba MARIN CAB COMPANY AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION OLD BUSINESS Heller, Thayer, Zappetini & Mayor Boro 20.FORMATION OF BUDGET OVERSIGHT COMMITTEE (CM) - File 9-2-48 x 8-5 x 9-2 City Manager Nicolai stated the biggest change in her recommendations over the January 3, 1994 meeting, relates to the recommendation that we stick with just a "Blue Ribbon" Committee and not consider having employee representatives. Ms. Nicolai felt it would be too difficult to have six bargaining units choose two people and have any fair representation, and noted if each unit has one person on the Committee, it will completely outweigh the Committee. She noted the meetings would be open to all interested groups. Therefore, Ms. Nicolai recommended seven members, either residents and/or those whose business is in San Rafael. She supported the idea of advertising for members, but at the same time inviting people to apply. She recommended the Committee be formed for four years because some of the ongoing analysis will take time, although any individual member would not be obligated to be on it for the four full years. Mayor Boro asked if Ms. Nicolai envisioned the Committee would begin with more of a policy approach. Ms. Nicolai answered that issues may come up such as a cost benefit analysis of contracting out for our garage services and next to analyze contracting out for all the parks, or the paramedic program. She stated there are a number of issues that cannot all be done at once, and noted it will require dedicated time to be focused on the analysis, then to move onto another opportunity. Councilmember Heller asked for clarification regarding the time length. Ms. Nicolai stated that the Committee, as an entity, should exist for four years to have a chance for things to happen. However, an individual could be on the Committee for whatever length of time they are willing to commit to. A person might join the Committee who has expertise on a particular subject, but might not be an ongoing member. There should be a core group to look at things from a global point of view, get their orientation, focus on some of the issues they would really like to tackle, then allow subcommittees to expand and contract, but give them a long enough period of time that they can get things done. Councilmember Cohen stated it makes good sense to try this for the next four years to get a good base to evaluate it from, but he believes it should be clearly stated that people are not being asked to accept a four-year appointment; one year is reasonable because that coincides with a budget cycle. Mr. Cohen felt that the Committee should decide what services they should provide and the most official way to provide those services. They should decide what approach to take. Mr. Cohen stated that although it was previously suggested that the Committee not be limited to a line item review, they should somewhat participate in the budget process. He also felt that the members, in addition to having some business history, should also have some community involve-ment. Mayor Boro stated that in the charge to the Committee, the Council should come up with some criteria regarding what we want accomplished, then within those parameters they find a way to provide it. Ms. Nicolai stated there should be certain standards we do not want changed; however, the Committee should be able to look at options of reduced levels of service and make recommendations to Council. All matters will go back to the Council to make the final determination. Councilmember Thayer asked how the Committee charge differs from what the Hughes -Reiss Report did? Ms. Nicolai stated that the Hughes -Reiss Report was done in a three- month time frame rather than an indepth analysis. They were looking for big things worth investigating and globally comparing us with other jurisdictions. Ms. Nicolai stated that the suggestion came from Shirley Fischer that we have some exper-tise in SRCC MINUTES (Regular) 2/7/94 Page 14 15 SRCC MINUTES (Regular) 2/7/94 Page the community look at the City from a different point of view and do some cost benefit analyses. Mayor Boro noted this Committee goes a step further than the Hughes-Heiss Report to get us to implement some of this things suggested. Councilmember Cohen pointed out that it would cost thousands of dollars to have a consultant firm come in every year, and this Committee would be more cost effective. Mr. Cohen noted that Hughes-Heiss is in the business of analyzing public entities in terms of how other public entities operate. He noted the Committee will be made from the private sector and indicate whether there are some lessons to be learned from what they have done. Ms. Nicolai stated that there have also been a lot of changes since the Hughes-Heiss Report, and we went through two budget cuts before the Report was finalized. Albert Barr, Co-chair, San Rafael Federation of Neighborhoods, suggested the Council first of all produce a Mission Statement. He pointed out that the Committee would report directly to the Council. He stated he felt it would be useful to have the employees represented formally on the Committee since they will be impacted. He believed that nothing of any significance will be accomplished without the employees' cooperation. Mr. Barr suggested the Police and Fire Departments be represented directly and perhaps a third representative from one of the other smaller groups. He was afraid that with a 4 -year charge, even though individuals will serve for a lesser time, the process might be stretched out. If they have a one year or eighteen month charge, they will be more inclined to meet more frequently and to come up with recommendations on a more expeditious basis. They should have subcommittees to look at several issues at a time so things can get accomplished. Ms. Nicolai stated she did not intend for any charge to take four years, rather individual issues that the Council wanted an analysis done on, would have its own independent time frame. Mayor Boro stated that although he originally suggested employees be represented on the Committee, he has gone back and forth on the issue. He is looking for someone who does not have a vested interest to look at what we should be doing and felt if we have people with something at stake, it could cloud the issue. Councilmember Zappetini agreed that if we are going to target the private sector, we should not have employees on the Committee, noting there will be a more impartial look at issues if there is no influence. Councilmember Heller strongly suggested that the employee groups are free to send someone to monitor the Committee, but not in a voting capacity. Councilmember Cohen stated that at some point when we talk about implementing sugges- tions, we need to involve the people who are actually going implement them and get their enthusiasm if it is to be workable. He suggested that employee organizations participate as ex -officio members, to get their involvement and suggestions but not as voting members. Councilmember Thayer stated we should have one or two employees on the Committee. Also, she suggested that we do not just look for CEOs of organizations, but also those from other areas of government who have managed to save money because they are familiar with the government process. Mayor Boro agreed to the suggestion to have employees as ex -officio members, to participate at the appropriate time, but it be done on a volunteer basis on their part. Councilmember Cohen suggested that the employee groups be officially notified that the Committee is being formed, its charge, and invite them to participate. Ms. Nicolai agreed with specifically inviting employees to be involved in the process on a volunteer basis, and noted that if the Committee wants to tap into the employee's expertise, they could do that. However, the original purpose was to get private sector expertise involved. Councilmember Cohen agreed with Ms. Nicolai and explained his viewpoint is to tell employees that the Committee is going to look at a broad range of issues that may be of interest to them, and they are invited to attend. Councilmember Heller moved and Councilmember Thayer seconded, that the report be accepted with the discussions as noted. City Manager Nicolai and Albert Barr will work on the charge for the Committee and bring it back to the Council. SRCC MINUTES (Regular) 2/7/94 Page 15 16 SRCC MINUTES (Regular) 2/7/94 Page AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS CITY COUNCIL REPORTS: 21.None. There being no further business, the meeting was adjourned at 12:05 PM. City Council went back into Closed Session to discuss Labor Negotiations and adjourned at 12:50 AM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1994 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/7/94 Page 16