Loading...
HomeMy WebLinkAboutCC Minutes 1990-06-18SRCC MINUTES (Regular; 18/90 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 18, 1990, AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a 1. No. 90-13 (a) - #1 Gary Cordes vs. City of San Rafael. No. 90-13 (b) - V. No. 90-13 (c) - #2. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 18, 1990 AT 8:00 PM. Regular Meeting: San Rafael City Council Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Boro moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Regular Meetings of May 21 and June 4, 1990 (CC) 4. Report on Army Corps of Engineers Canal Flood Control Study (PW) - File 12-10 x 9-3-40 5. FS89-1 - Approval of Final Map - San Pedro Cove Unit #2 (PW) - File 5-1-246 6. Adoption of Resolution with Findings Denying Appeal of Planning Commission's Conditional Approval of Tentative Map for 28 Lot Single Family Resident Subdivision Loch Lomond #10; Loch Lomond Homeowners Association, Appellant, AP 186-031-02 & 06, 186-520-17 & 18 (P1) - File 5-1-297 8. Extension of Billiard Hall Permit; 555 Francisco Boulevard, East; Diana Scherer, Owner, Don deSurville, Rep.; AP 14-152-28 (P1) - File 10-5 12. Resolution of Appreciation to Lola Sniffen, Deputy City Clerk (CC) - File 102 x 9-3-14 13. Resolution Authorizing Extension and Expansion of Agreement with P&F Safety Services (CM) - File 4-10-210 15. Claims for Damages: a. Robert Richard Adams (PD) Claim No. 3-1-1480 b. County of Marin (PD) Claim No. 3-1-1495 Recommended Action Approved as submitted. Accepted report. RESOLUTION NO. 8182 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SAN PEDRO COVE UNIT 2" Item removed from agenda. Item removed from agenda. RESOLUTION NO. 8183 - RESOLUTION OF OF APPRECIATION TO LOLA SNIFFEN, DEPUTY CITY CLERK (On departure after six years' service) RESOLUTION NO. 8184 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT, WITH P&F SAFETY SERVICES (Additional liability cost, $2,500. 10% increase results in overall cost of $8,500/year.) Approved Insurance Consulting Associates, Inc., recommendation for denial of claims. SRCC MINUTES (Regular) 6/18/90 Page 1 SRCC MINUTES (Regular) 118/90 Page 2 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner (From approval of Minutes of Regular Meeting of May 21, 1990 only due to absence from meeting). The following items were removed from the Consent Calendar for discussion: 3. OAKWOOD SUBDIVISION UNIT 2: (PW) - File 5-1-244 a. ACCEPTANCE OF GRANT DEED OF OPEN SPACE Councilmember Breiner inquired about the City accepting a Grant Deed for Open Space lands. Public Works Director Bernardi explained that this was a procedure followed at the time that the City entered into a Subdivision Agreement with the subdivider, in March of 1984. He stated that there were repairs needed to some unstable areas, so the City did not accept it before. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution accepting the Grant Deed for Open Space. RESOLUTION NO. 8185 - ACCEPTING CONVEYANCE OF OPEN SPACE LANDS WITHIN OAKWOOD SUBDIVISION UNITS 2 AND 3 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. RECONVEYANCE OF DEED OF TRUST SECURING IMPROVEMENTS Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution Authorizing Reconveyance of the Deed of Trust. RESOLUTION NO. 8186 - AUTHORIZING EXECUTION OF RECONVEYANCE OF DEED OF TRUST - OAKWOOD SUBDIVISION UNIT 2 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. ADOPTION OF RESOLUTION DENYING APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A FOUR LOT SUBDIVISION ON FAIRHILLS DRIVE AT IDLEWOOD PLACE; LAUREL PROPERTIES, OWNER: CRAIKER ASSOCIATES, REP.; AP 10-154-26 & 19 (P1) - File 5-1-316 Councilmember Breiner stated that item (a) of Exhibit "A", regarding the sinking fund, does not seem to totally, address the issue as it was discussed at the meeting. She stated it was not so much to bq prorated among the three parcels, but that the developer was going to fund it from Day 1. She added it does not seem as clear as it was during discussion, that it should be set up by the developer from the start. Bernardi responded that their intent was to require the developer to fund it from the start. Mayor Mulryan recommended the wording "upon recordation the sinking fund shall be establish- ed". Councilmember Breiner stated she would like it worked out with the City Attorney's office so the City will.be totally protected. Councilmember Boro then referred to condition (d), stating that he was concerned that all of the Geotechnical issues were addressed before the parcels were split. Planning Director Pendoley responded that all Geotechnical issues common to the lots were resolved at the time tho Negative Declaration was issued, with the two additional geotechni- cal reviews which were done. Councilmember Boro vertified that what is left is individual for a lot, with no continuation between the parcels. The item was continued to the next meeting, with staff to come back with revision to Public Works condition (a), as discussed. 9. RESOLTUION AMENDING 1989./90 APPROPRIATIONS LIMIT (Fin) - File 8-5 10. RESOLUTION APPROPRIATING UNAPPROPRIATED 1989/90 REVENUES (Fin) - File 8-5 11. RESOLUTION ESTABLISHING THE 1990/91 - APPROPRIATIONS LIMIT (Fin) - File 8-5 SRCC MINUTES (Regular) 6/18/90 Page 2 SRCC MINUTES (Regular) 6/18/90 Page 3 Finance Director Coleman explained that last November when the voters approved ordinance 1579, it allowed the City to increase the Appropriations Limit so that it will equal the appropriations subject to the limit. He noted that the Resolution tonight contains language which implements Ordinance 1579, and states that the Appropriations Limit set by previous Resolution No. 7984 will be increased to reflect the actual appropriations subject to the limit. He added that for the next three years the City's appropriations limit will always be equal to the actual proceeds of taxes and the appropriations subject to the limit. Mr. Colman then explained that, with regard to appropriating unappropriated 1989/90 revenues before Proposition 4 any revenues in excess of expenditures would just be added to the City's fund balances; however, Proposition 4 states that all revenues which are not appropri. ated may have to be refunded. Mr. Coleman stated that since the City's 1989/90 revenues in some funds will exceed the 1989/90 expenditures, and since the City cannot increase appropriations without exceeding the Proposition 4 limitation, he has prepared a Resolution which would increase the budget by an unspecified amount to appropriate revenues to reserves He noted this was the same procedure followed last year. With regard to adoption of the 1990/91 appropriations limit, Mr. Coleman gave a background resume', and stated that based on the figures from the State of California, the City can increase its limit by 5.95%. He noted that the voters recently approved Proposition 111, which will change the formula by which the City calculates it appropriations limit. He added that this will not affect San Rafael for the next three years, since the voters approved an override to the City's limit. Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution amend- ing the 1989/90 Appropriations Limit. RESOLUTION NO. 8187 - AMENDING THE 1989/90 APPROPRIATIONS LIMIT AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution appro- priating unappropriated revenues as of June 30, 1990. RESOLUTION NO. 8188 - APPROPRIATING UNAPPROPRIATED REVENUES AS OF JUNE 30, 1990 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution estab- lishing the Appropriations Limit for 1990/91. RESOLUTION NO. 8189 - ESTABLISHING APPROPRIATIONS LIMIT FOR 1990/91. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 a. AB 2590 (Vasconcellos) SB 1765 (Alquist) - Cut in City Cigarette Tax Revenues to Pay for State Board of Equalization Costs. Councilmember Thayer moved and Councilmember Shippey seconded, to OPPOSE AB 2590. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. AB 2879 (Cortese) "New Town Developments" Councilmember Thayer moved Councilmember Boro seconded, to OPPOSE AB 2879. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan inquired if the City should write our Assembly and Senate people. Ms. Nicolai responded that she will check tomorrow on the status of the Bill and will report back to the Council. SRCC MINUTES (Regular) 6/18/90 Page 3 SRCC MINUTES (Regular) r-/18/90 Page 4 ADD ITEM: Councilmember Thayer moved and Councilmember Shippey seconded, that the need to take action on the following item arose subsequent to the agenda being posted. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REPORT ON AB 3144 (Filante) - File 9-1 Councilmember Thayer explained that AB 3144, authored by Assemblyman Filante, seeks to amend Government Code Section 4216. This amendment would require that sanitary districts, cities and counties be responsible to locate and mark all nonpressurized sewer lines, storm culverts or other nonpressurized pipes throughout each agency's area of jurisdiction for the purpose of the Underground Service Alert Notification program. She stated it is opposed by the Legislative Committee of the Marin County Mayors and Councilmembers. Public Works Director Bernardi added that it is also opposed by the Marin County Public Works Administration. He added that the County has already informed Assemblyman Filante of their views, and that it will mean a great deal of staff time. Councilmember Thayer added that it could prove extremely costly to the City. Mayor Mulryan called the Council's attention to a letter received from Ross Valley Sanitary District, which they had sent to Assemblyman Filante, objecting to the Bill on a number of issues. Councilmember Thayer recommended writing without delay. Councilmember Thayer moved and Councilmember Shippey seconded, to OPPOSE AB 3144. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REQUEST FOR INFORMATION RE MOBILEHOME PARKS - File 9-1 x 13-7-1 Councilmember Breiner added that she had a call regarding a Bill backed by Assemblyman Filante, to remove the ability of mobilehome park residents to buy their parks, and she would like it looked into. 16. PUBLIC HEARING - UP89-10 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A USE PERMIT FOR A SECOND DWELLING UNIT; 26 WILDWOOD WAY; ROBERT AND CAROL BUTLER, OWNERS; STEVE KAY, ARCHITECT, REP.; FAIRHILLS PROPERTY OWNERS ASSOCIATION, APPELLANT; AP 19-121-05 (P1) - File 10-5 Mayor Mulryan opened the Public Hearing and continued it to July 2, 1990, at request of the applicant. 17. APPROVAL OF THE TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN AND JOINT POWERS AGREEMENT ESTABLISHING A COUNTYWIDE PLANNING AGENCY (Pl) - File 170 x 9-3-17 x 9-4 Planning Director Pendoley briefed the Council, stating that staff is recommending adoption of a Resolution approving the Transportation Improvement and Growth Management Plan, authori- zation for Mayor Mulryan to sign the Joint Powers Agreement establishing a Countywide Planning Agency, and that a letter be sent to the Board of Supervisors urging adoption, and resoluton of minor outstanding issues. Mr. Pendoley gave an overview of the development of the Plan, commencing in 1984 up to the present. He noted that the Countywide Plan Advisory Committee was proposed to evolve into the Countywide Planning Agency. Mr. Pendoley then listed a number of the City's con- cerns, one of which was compensation for increased City responsibilities under such a program. He noted that the Joint Powers Agreement does allow the option of independent staffing. He stated that regional mitigation fees are left to the County Planning Agency to develop in the future, and that this is acceptable to staff as long as there is adequate future public review of the proposed mitigation fee. He added that the Council might wish to go on record to state that such public review is necessary. Mr. Pendoley noted that no compensation for increased City responsibilities is proposed, and listed the responsibilities proposed in the Joint Powers Agreement and Transportation Improvement and Growth Management Plan. He added that he has consulted with County Planning staff on this item, and they say that there is nothing to preclude use of part of each City's 18% local share for administrative costs. Mr. Pendoley stated that the Council may want to recommend amendment of the draft JPA to guarantee a portion of the 18% share annually for administrative costs or otherwise assure that this matter is worked out. Mr. Pendoley stated this is a good plan, a good starting point, and is very comprehensive. He added that some groups in the County want the Plan to go further. He advised that the City not give a "blank check" to the Countywide alternatives until we know what is the best combination of alternatives. He stated that staff feels the Plan is right to go to the voters now. SRCC MINUTES (Regular) 6/18/90 Page 4 SRCC MINUTES (Regular) ti/18/90 Page 5 Ms. Nicolai reported that she had a meeting with Barbara Salzman of the Audubon Society, and she had stressed the necessity for overall planning goals and policies being coordinated among all County jurisdictions. She stated she has been studying the impact of Proposition 111. Mayor Mulryan complimented the staff and the Councilmembers for their efforts. He stated he is gratified with the progress which has been made. Councilmember Breiner stated it seems very obvious that if the Countywide Planning Agency goes forward with their review, our community and the other communities would be schedulinq a review on how the City can dovetail our own General Plan into the policies which may come out of that group. She inquired if this would be part of the Proposition 111 process. Ms. Nicolai responded that Proposition 111 is strictly transportation, regarding the County- wide LOS (Level of Service) for traffic. She noted that will be necessary data for the Countywide Planning Agency to evaluate the land use alternatives. Councilmember Thayer stated that traffic improvements are needed in the 101 Cooridor, but she would have thought there would be some standards in effect at this time prior to the issue being put on the ballot. She stated she is bothered by the Annual Trip Budget, and what its effect would be. Mr. Pendoley responded that the City's standard in this regard is much more restrictive than the Trip Budget, because of our PPP (Priority Projects Procedure). He stated it may be that over time when the Countywide Plan is adopted, that ours is more restrictive. He noted that the study of alternatives is just a preliminary stage, and no single alternative is wanted by all the jurisdictions, and it will take a lot of initial study and probably an EIR (Environmental Impact Report). Mark Riesenfeld, Marin County Planning Director, informed the Council that they are talking about a process of evaluating a rate of growth. He added that a few years from now if a different approach were suggested than we have now, and the cities wanted to, it would be recalculated and policies could change. He stated it changes in time as General Plans change. Councilmember Thayer inquired it if would depend on the voters if it was more restrictive, or less restrictive, and Mr. Riesenfeld replied that it would depend on the cities. Sue Beittel, speaking as an individual, stated she has attended many of the meetings on this Plan, and complimented Councilmembers Breiner and Boro for their work and input. She added that Mr. Pendoley has also been at many of the meetings. She stated that San Rafael must continue to be active in the writing of the Countywide Plan, and the Alterna- tives selected. She stated she would like to bring Sonoma into the process, but they want to see what Marin does. She noted that there will have to be flexibility on the way the housing is affected by the railroad track through San Rafael. She stated we should get the best engineering people in order to have the most successful Plan. John Shellenberqer, with Marin Conservation League and the North San Rafael Coalition of Residents, stated he has participated in many of the discussions. He stated that the railroad goes nowhere through the northern part of San Rafael. He said there is a feeling that it should serve the people, rather than go out into the eastern meadows. He added that the City should look to the routing so it will serve the needs of San Rafael. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce agreed with Ms. Beittel's comments, and also congratulated Councilmembers Breiner and Boro on their diligence in following the development of the Plan. She stated that the Chamber of Commerce endorses the Plan, and then read a letter from the Chamber, urging that the sales tax measure be placed on the ballot in November, and stating that the development of mass transportation options and affordable housing within town centers and along the rail line are the most effective methods of decreasing gridlock on Highway 101 and of preserving our environment. She stated the Chamber believes this Plan will meet those objectives. Stanley Ott stated it is gratifying to see this plan going through the process, and seeing the progress being made. He complimented Mr. Pendoley and Councilmembers Breiner and Boro. Priscilla Bull of Marin Conservation League urged that the City make it a point to incorpor- ate the chosen Alternative in its General Plan. She stated it has been MCL's goal all along that the cities and the County get together and it is very encouraging to see the cooperation being evidenced. She noted that MCL has not yet taken a position on the Plan. She added that in North San Rafael the right-of-way does not serve existing development. Elizabeth Moody of Ecumenical Association for Housing stated she has watched the process and the negotiations, and greatly appreciates the assistance and the leadership of Council - members Breiner and Boro, representing this City. She stated there are some good standards here to begin with, much more than she had hoped for. She said she hopes San Rafael will continue to provide the strong leadership it has given in the process. SRCC MINUTES (Regular) 6/18/90 Page 5 SRCC MINUTES (Regular) /18/90 Page 6 Gail Wilhelm, speaking for the Sierra Club, read a letter from the Club, urging that the Land Use Alternatives analysis to be acknowledged in the ballot measure since that informa- tion illustrates that staying with current general plan policy will generate the worst traffic at the highest public cost. She stated that the standards should also include questions on consistency with the Countywide Land Use Policy. Sib Cogswell from Captain's Cove agreed with Mr. Shellenberger on rerouting of the rail line. He stated he would urge that the City search for alternate routes. Mayor Mulryan asked for Councilmembers comment. Councilmember Shippey stated this is a good start in the right direction, and questioned have we gone far enough or should we go further. He asked should we wait to get a realistic Land Use Plan before putting this on the ballot. Mr. Pendoley responded that the timing is important, that it took a long time to develop this consensus, and he feels we should act while the consensus is there. He noted that more depth can be given to the Plan at a later date. He noted another Alternative might be considered for development later. He stated we have come to a threshold where it should be acted upon. Mr. Riesenfeld agreed that the process of changing the language could mean another one or two years. Councilmember Boro stated that we have made tremendous progress , and there have been compromises. He noted there is a whole series of standards in this Plan. He added that some cities had a very difficult time with this Plan, but now they concur. He stated that the standards will not be changed unless all parties agree to a change in the MOU (Memorandum of Understanding). He noted that the biggest concern of the members of the Committee is transportation, and they could lose sight of local control in regional plan- ning. He noted that even the smallest city in the County has strong feelings on local control. He added that the Council has the obligation to the people they represent to go forward with this. He noted we do not have another Countywide Alternative yet, but they should not reverse the whole process at this time. Councilmember Thayer commended Councilmembers Breiner and Boro, and said her major dis- appointment other than the traffic standards is that basically we are asking the public for a lot of money and she feels that they should know that 52% of that will go into a rail system 12 miles long which will not go to Santa Rosa or San Francisco. She said the public has a right to have some sort of growth management standards on the ballot. She added that Growth Management standards will take a couple of years to be completed. Mayor Mulryan stated that we never intended to wait until the Plan was adopted to go forward, Councilmember Boro noted there are standards in the Plan, and that the City has our Growth Management standards in the General Plan. Councilmember Breiner noted that Marin is far ahead of any other county in the State when it comes to LOS control on local streets and highways. Councilmember Boro moved and Councilmember Breiner seconded, to approve the recommendations in the staff report (including Ballot language): To adopt the Resolution approving the Transportation Improvement and Growth Management Plan; to adopt the Resolution authorizing the Mayor to sign the Joint Powers Agreement establishing a Countywide Planning Agency; and to send a letter urging the adoption by the Board of Supervisors and resolution of minor outstanding issues. RESOLUTION NO. 8190 - APPROVING THE MARIN COUNTY TRANSPORTATION IMPROVEMENT AND GROWTH MANAGEMENT PLAN RESOLUTION NO. 8191 - AUTHORIZING THE MAYOR TO SIGN THE JOINT POWERS AGREEMENT TO ESTABLISH A COUNTYWIDE PLANNING AGENCY AYES: COUNCILEMMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. REPORT ON PROPOSED INITIATIVE ORDINANCE TO AMEND SAN RAFAEL GENERAL PLAN CHANGING THE USE OF LANDS OF THE YOUTH ACTIVITIES OF THE CATHOLIC ARCHDIOCESE OF SAN FRANCISCOST. VINCENT'S), SILVEIRA, NORTHWESTERN PACIFIC RAILROAD, AND LAS GALLINAS VALLEY SANIXY DISTRICT, TO AGRICULTURAL (P1) - File 9-4 x 115 Planning Director Pendoley stated that this initiative is extremely misleading and parts of it are patently false, and he urged that the Council not support it. He stated that residents of San Rafael are being asked to sign an initiative petition to designate the properties in question as "Agriculture". He stated that Council asked for an analysis, relating to its fiscal impact, its effect on the internal consistency SRCC MINUTES (Regular) 6/18/90 Page 6 R E V I" c D SRCC MINUTES (Regular, 6/18/90 Page 7 of the City's General Plan, including the Housing Element, its legal impacts relating to discrimination, and other matters. Mr. Pendoley pointed out statements which are in error, the first being that the identified lands are used for agriculture where actually only part of them are since St. Vincent's conducts their school there, and Las Gallinas Valley Sanitary District has a treatment plant and the Northwestern Pacific has the railroad right-of-way, being considered as a future transit way. Another statement in error is the assertion that "Currently all major intersections in San Rafael fail to meet the minimum levels of service. The City alone needs over $100 million dollars of traffic improvements to eliminate existing problems". Mr. Pendoley stated that these statements are false, that all major intersections in San Rafael currently meet adopted LOS standards. He noted the traffic mitigation fees for new development. Mr. Pendoley listed other discrepancies, such as misstatements about new roads, water allocations, and San Rafael's low income housing. Mr. Pendoley noted that the petition states that San Rafael meets and exceeds its low income housing requirements, while the truth is only 21% of the City's "very low" income housing needs can hope to be met. Mr. Pendoley noted that while the petition would amend the City's General Plan to agricul- ture and establish agricultural zoning, these lands are currently in the unincorporated County, and the City could pre -zone the properties but this would have no effect unless the lands were annexed. He added that the County General Plan does not address annexation. Mr. Pendoley expressed concern that people signing the petition would have the impression that the land would be preserved as a dairy farm, but this would not be the case. He noted that "agriculture" can mean many things, and could involve many ancillary buildings for livestock; also there may be a problem with toxics. He noted that the petition did not address the amount of housing for agricultural purposes. Mr. Pendoley stated that a serious flaw is the fact that the proposed initiative establishes no standards for population density and building intensity, and is therefore inconsistent with State General Plan law. He noted that the initiative would preclude a future McInnis Parkway. He noted that loss of McInnis Parkway at some location in this area will reduce LOS on Highway 101, according to the March 1990 County land use plan alternative analysis. In conclusion, Mr. Pendoley stated that the proposed initiative creates inconsistencies between the Land Use and Housing Elements of the General Plan, and may well cause the City's Housing Element to be inconsistent with the State Housing Element Guidelines. Councilmember Shippey inquired about his concern regarding the aspect of zoning the Las Gallinas Valley Sanitary District property. City Attorney Ragghianti responded, noting this is outside the City Limits of San Rafael and the General Plan provisions would not be effective unless the property was annexed to the City. He said we would first have to annex, and the decision to annex is independent of the initiative. Mayor Mulryan thanked Mr. Pendoley for his comprehensive report. 19. REPORT ON INVESTIGATION OF GRADING ADJACENT TO MARIN RANCH AIRPORT (PW) - File 12-12 x 12-17 x 100 x 9-3-40 Public Works Director Bernardi briefed the Council, stating that staff had, as directed, investigated the concerns of a Santa Venetia resident regarding fill in connection with the grading operation of Bauman Landscape Company, on the Marin Ranch Airport. He said they found that a number of grading permits were issued, dating back to October 1974, which permitted a total of approximately 25,000 cubic yards at various locations on the site. A master use permit was issued for the Airport which essentially legalized the exist- ing uses at the time, but the permit was vague and did not specifically define conditions for each use. He noted that there was some correspondence in 1985 between the City and property owners regarding the placement of illegal fill in the southeastern portion of the property; that operation was ceased when the Public Works Department notified the property owner that fill placement was illegal. He stated he reviewed aerial photos with the Council in 1988. What has been found now in comparing the Publics Works site review, is that in the area marked in orange, it appears as though the fill extends into that area beyond what was in existance in 1988. Mayor Mulryan asked if there has been fill since 1988 and Mr. Bernardi responded affirma- tively. Mayor Mulryan asked if it was legal, and Mr. Bernardi responded negatively. He stated that the fill that has been placed is in part due to the contractor wanting to construct a berm to screen his operation from the residents in Santa Venetia. SRCC MINUTES (Regular) 6/18/90 Page 7 SRCC MINUTES (Regular) /18/90 Page 8 Mayor Mulryan asked if the creation of the berm itself was legal, and Mr. Bernardi responded: negatively. Mayor Mulryan asked if a stop work order could be issued and Mr. Bernardi stated subsequent to the last meeting, he met with the contractor and told him to cease any additional work on the berm until the Council had a chance to discuss it. The contractor agreed and also agreed not to continue with any construction should Council not permit it. Mr. Bernardi stated with the exception of the berm, the operation as it exists is consistent with the use permit that was granted in the past, noting a landscaping operation does deal with processing top soil, storing of redwood shavings for landscaping purposes; what is not consistent is the construction of the berm. Mr. Bernardi reported that staff's investigation of the site revealed numerous piles of top soil, redwood sawdust, sand and redwood bark. He stated that the contractor was using a sifting machine to process these materials into a top soil to be used in landscaping projects. Most of the top soil was imported to the site when the Las Gallinas Golf Course was removed to make way for a housing project. He said that the partially constructed berm around the site was, according to the contractor, constructed as a result -of concern of the Santa Venetia neighbors, complaining about glare from windshields of parked trucks. He noted that the soil sifting will soon be completed, and the sifting machine removed from the property. Mr. Bernardi said it is staff's intent to deal with the apparent discrepancy in filling when the use permit for the airport comes up for renewal in the near future. He added it is staff's intent to require a survey of the property which will locate the extent of all existing fill, and serve as a baseline for any future fill permit applications. Michael Bauman, the contractor, stated they had complaints from Santa Venetia about their trucks being seen, and that is why they built the berm. Mayor Mulryan remarked that the City does not permit a fill without an EIR, and Mr. Bernardi noted that there will be a set of conditions when the use permit comes up for renewal. Councilmember Shippey inquired about review when the use permit comes up for renewal, and Mr. Pendoley responded it will go before the Planning Commission. He stated it will be reviewed in terms of the elevation. Councilmember Boro referred to two letters received, one from the Marin Audubon Society and the other from Frances Nunez on Vendola Drive, where both have one point in common between them regarding the baseline, and asked for staff's reaction, noting they make a good point. He added when the baseline is established it should be established against what was approved in 1985, and not what is on the ground, stating this is important. Planning Director Pendoley stated he agreed with Councilmember Boro's comments. Councilmember Breiner stated she also wanted to make this point. Councilmember Breiner said she is concerned about some of the soils being contaminated, and Mr. Bernardi said he and Mr. Pendoley will deal with that in connection with the Airport use permit. Mr. Bauman added that there is dumping there every weekend by the public, and his crew cleans the area. The Council agreed that the operation should be shut down until the investigation is made. Ms. Frances Nunez from Santa Venetia inquired when the investigation would be conducted and Mr. Pendoley stated they will be talking to the applicant this week. Some of the residents wanted to be kept informed of results, and any future hearings, and Mayor Mulryan asked that they leave their names and addresses with Mr. Pendoley. Councilmember Boro explained to the public that Mr. Bauman can haul his material out of there, but cannot move anything in. Dennis Fishwick asked that, at the same time the measurements are being done, some samples should be taken to see if any contaminants are leeching into the water. 20. MEMORANDUM OF UNDERSTANDING WITH REGIONAL WATER QUALITY CONTROL BOARD FOR MANAGEMENT OF LEAKING UNDERGROUND STORAGE TANKS (FD) - File 4-1-0-246 x 9-3-31 Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution author- izing the Fire Chief to sign the MOU as recommended. RESOLUTION NO. 8192 - AUTHORIZING THE FIRE CHIEF TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE SAN FRANCISCO REGIONAL WATER QUALITY CONTROL BOARD FOR MANAGEMENT OF LEAKING UNDERGROUND STORAGE TANKS SRCC MINUTES (Regular) 6/18/90 Page 8 SRCC MINUTES (Regular) /18/90 Page 9 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Manager Nicolai complimented Fire Chief Marcucci and Hazardous Materials Coordinator Craig for their involvement, and noted the complimentary letter from the California Regional Water Quality Control Board. There being no further business, Mayor Mulryan adjourned the meeting in honor of Helen Willms' birthday. Meeting adjourned at 10:15 PM. JEA E NAI ,C y Clerk APPROVED THIS DAY OF 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/18/90 Page 9