Loading...
HomeMy WebLinkAboutCC Minutes 1990-09-17SRCC MINUTES .:gular) 9/17/90 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 17, 1990, AT 8:00 P.M. Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk Vice -Mayor Breiner announced that there had not been a closed session before the meeting. CONSENT CALENDAR Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Minutes of Special Joint Meeting of August 27, 1990, and Regular Meeting of September 4, 1990 (CC) 3. Report on Retirement Benefits for Existing Retirees (Fin) - File 7-1-26 5. Resolution Setting the 1990/91 Property Tax Rate (Fin) - File 9-12-1 7. Renewal of Agreement with William Lellis for Inspection Services in Fire Department (FD) - File 4-3-223 8. Resolution Authorizing Execution of Below Market Rate (BMR) Rental Agreement for McInnis Park Apartments (P1) - File 229 x 5-1-290 9. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1594 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD -NG (C-172) (PLANNED DEVELOPMENT COMBINED WITH NORTHGATE OVERLAY) DISTRICT TO PD -NG (C-172) (PLANNED DEVELOPMENT COMBINED WITH NORTHGATE OVERLAY) DISTRICT (3833 REDWOOD HIGHWAY) (P1) - File 10-3 Recommended Action Approved as submitted. Approved staff recommendation, rejecting the one-time increase in retirement benefits for retirees who retired prior to 1/1/81. RESOLUTION NO. 8237 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1990/91 (At $.004 for each $100 of full valuation for payment of principal and interest on General Obligation Open Space Bonds and on Terra Linda Recreation District Bonds assumed by City of San Rafael 1/1/73.) RESOLUTION NO. 8238 - AUTHOR- IZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (From 9/17/90 Through 9/16/91 @ $30/Hour) RESOLUTION NO. 8239 - AUTHOR- IZING THE SIGNING OF A BELOW MARKET RATE RENTAL UNIT AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS BETWEEN McINNIS HOUSING PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP, PHASE I. Approved Final Adoption. SRCC MINUTES (Regular) 9/17/90 Page 1 11. Request for Funds for Falkirk Bell for Sister City, Falkirk, Scotland (CM) - File - 128 SRCC MINUTES agular) 9/17/90 Page 2 RESOLUTION NO. 8240 - RE THE COMMEMORATIVE BELL FOR THE SISTER CITY OF FALKIRK. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan ABSTAINED: COUNCILMEMBERS: Councilmember Boro & Vice -Mayor Breiner abstained from voting on minutes of Special Joint Meeting of August 27, 1990, due to absence from meeting. Councilmember Shippey abstained from voting on minutes of Regular Meeting of September 4, 1990, due to absence from meeting, and final adoption of Ord. 1594. The following items were removed from the Consent Calendar for discussion: 4. AUTHORIZATION FOR MUNICIPAL RESOURCE CONSULTANTS (MRC) TO EXAMINE SALES AND USE TAX RECORDS (Fin) - File 4-3-212 Councilmember Thayer inquired if, by permitting this audit, any money will be saved. Finance Director Ransom Coleman responded that by having this audit the City will be gaining at least $3,000 or $4,000 which it would otherwise not have received, due to improper coding of sales taxes. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution authorizing MRC to audit the accounts. RESOLUTION NO. 8241 - DESIGNATING MUNICIPAL RESOURCE CONSULTANTS AS THE AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 6. REPORT ON BID OPENING AND AWARD OF CONTRACT - THREE 2 -DOOR SEDAN USED VEHICLES AND THREE 4 -DOOR SEDAN USED VEHICLES FOR POLICE DEPARTMENT (Gen.Svcs) - File 4-2-248 x 9-3-30 Councilmember Boro said while City policy is to accept the lowest bid, he wonders how prudent that might be when purchasing used vehicles, versus a new vehicle with a warranty. City Manager Nicolai responded that these vehicles do have a warranty and, in this particular case, they are to be undercover vehicles and there are advantages to them not being new. She added that for other vehicles staff has begun to question this procedure. She stated they do not bid on specific vehicles, but go to the lot and pick out the ones they think are the best, but that they are doing a compilation of history of the vehicles and want to make it complete before coming back to the Council with a recommendation for a change of policy. Vice -Mayor Breiner inquired about record-keeping so that cars could be rotated, and Ms. Nicolai explained that undercover cars can be rotated into the motor pool and other departments, but that since the undercover vehicles have special response requirements, the older cars cannot be used for this purpose. She stated they do keep records of mileage and maintenance on the vehicles. Public Works Director Bernardi mentioned that when they pick up cars from Hertz* they have about 27,000 to 30,000 miles, and have (*& Avis) complete maintenance records, which the City keeps up. Councilmember Boro moved and Councilmember Thayer seconded, to approve the Resolution and ask that staff keep track of the performance of these vehicles, and look for help in the future from the City Attorney regarding the only criteria being the lowest bid price when purchasing used vehicles and that there should be some range to consider. RESOLUTION NO. 8242 - AUTHORIZING THE PURCHASE OF SIX VEHICLES FOR USE BY THE SAN RAFAEL POLICE DEPARTMENT AS UNDERCOVER VEHICLES (from Avis Car Sales, lowest responsible bidder, @ $71,916.38 for all six vehicles) SRCC MINUTES (Regular) 9/17/90 Page 2 SRCC MINUTES (Reg ar) 9/17/90 Page 3 AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 10. ADOPTION OF RESOLUTION WITH FINDINGS DENYING APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE MAP OF 28 LOT SINGLE FAMILY RESIDENT SUBDIVISION LOCH LOMOND #10; LOCH LOMOND HOMEOWNERS ASSN., APPELLANT, AP 186-031-02 & 06, 186-520-17 & 18 (P1) - File 5-1-297 x 10-2 Councilmember Thayer mentioned her concerns regarding tree preservation and Planning Director Pendoley explained that the revisions to conditions of approval (pp) and (qq) address the concerns expressed by the Council. He pointed out that all areas of the site outside of proposed building envelopes shall be encumbered with a Conservation Easement, within which no development except the installation of access and utility/drainage improvements may occur. He noted the identification procedures and the fact that trees which are removed during grading and construction shall be replaced with like trees at a ratio of 2:1, to be replaced with 36 inch box size trees, at an approximate cost of $800 per tree. Councilmember Boro stated his concern about the trees which are designated for saving are not removed later, and Mr. Pendoley responded that the Conservation Easement will preclude such action, and that the services of an arborist are included in the Conservation Easement provision. Mr. Boro inquired how this would be conveyed to the residents, and Mr. Pendoley stated it will be recorded with the property and will be shown in the title documents. Councilmember Boro noted that a letter had been received from Mr. Mel Croner of the Loch Lomond Homeowners' Association, which contained questions about the developer contributing $500,000 versus $1,000,000. Mr. Boro recalled that originally the $1 million was discussed, and then at the last meeting the rationale was that the $500,000 would cover the out-of-pocket expenses for the City and after that the insurance would be effective. He noted that ultimately that would penalize the taxpayer in the long term if it goes beyond that. He asked if the chances of loss beyond that amount might be minimal, and if that was the logic behind the decision. Planning Director Pendoley responded that a point in the appeal was that there should be a $1 million bond posted and retained essentially in perpetuity and the City was doubtful about whether that could be justified. He stated that, on the other hand, there is obviously a direct connection between the approval of any subdivision and the exposure of taxpayers to increased liability. He stated this subdivision was set up to require that within three years of dedication of the public improvements, which is when the City would incur the liability, the developer must pay $500,000 to the self-insurance fund. He stated that is a basic maximum out-of-pocket risk, because the City is insured beyond that. He added that, over and above that, the Mello -Roos District is set up to capitalize the self-insurance fund and maintain a minimum of $500,000 contribution from this project. He noted that into the fifth or sixth year if there was some damage done upstream and $500,000 had to be spent from the self-insurance fund which had been contributed, this subdivision would already be paying toward its replenishment. Councilmember Boro inquired what if, after being funded for $500,000 there is a $300,000 loss, and that is paid out of the fund and there is only $200,000 left, will that be replenished through Mello -Roos. Mr. Pendoley stated that is what the wording on this subdivision requires. It has to be constantly paying at a rate at least high enough to replenish it at a ten-year period. Vice -Mayor Breiner stated the Council wants to be very sure they are protecting the public interest in giving this approval. She wondered if they should be differentiating between the problems which might be caused if the improvements to the slope fail and damage already existing houses, which is what the $500,000 is for to a certain extent; but why should the City be responsible if the public improvements fail within a five or ten-year period, and need replacing? Mr. Pendoley stated that is an issue faced the same as any property owners. He stated that with streets and drainage systems, there is a liability inherent to them, and, in this case, the people who are creating the liability by building and occupying the homes are going to be carrying a much larger percentage share of the cost than the rest of the taxpayers in the community. Public Works Director Bernardi stated that if the City ordered the improvements to be constructed for the City, and were paying the bill, and they failed in two to five years, it would be because the City was not giving enough proper SRCC MINUTES (Regular) 9/17/90 Page 3 SRCC MINUTES ':gular) 9/17/90 Page 4 maintenance to the facility or there was something wrong with the original design. He stated that in this particular application, the City has conditioned all of the improvements so there are a lot of checks and balances during the course of construction so they will be constructed in accordance with current engineering standards, and continual inspections. He said they have made every effort to insure that the public improvements will be constructed properly, and once the City has accepted them, it will be accepting the liability which goes along with them. He added that they have gone an extra step here by requiring that the developer indemnify the City with the amount which covers the City's self-insured retention. Councilmember Boro noted that these particular property owners are going to be carrying a bigger burden, but he feels that was part of the mitigation to assure the community that these property owners will carry an added burden. Vice -Mayor Breiner noted that the Council will be having another meeting to establish the budget for the Mello -Roos District. Planning Director Pendoley noted a typographical error in the Resolution, where (gg) should have been (vv), and where the word "shall" had been omitted. Councilmember Shippey inquired if the "clerk of the works" provision is included in condition (k) (9), and Mr. Pendoley stated it is. Mr. Shippey then questioned condition (ii) regarding non -access strips at the end of Inverness Drive and Tweed Terrace, and Mr. Bernardi explained that included in the subdivision is provision for a non -access strip at the end of the new street. Councilmember Boro then inquired about the new condition (k)(8)(c), which reads, "the subdivision's contribution to the City of San Rafael's self-insurance fund at a rate adequate to assure at least $500,000.00 capitalization in a ten-year period", and asked if that is over and above the $500,000 from the developer. Mr. Pendoley replied that it is. Councilmember Shippey clarified that the developer's contribution is one time only and that Mello -Roos is continuous. Mr. Pendoley responded that is correct, and added that there is provision for a payback to the builder, that the builder is not responsible for maintaining the $500,000 in perpetuity, but that is to establish the fund until the Mello -Roos can be established and working. He stated that what this project does is to maintain a balance at all times of $500,000, and collected at a rate which is adequate to generate $500,000 in the course of ten years. He noted that if within six years you needed to spend the $500,000, the Mello -Roos would already be generating the replenishment. Councilmember Boro inquired what would happen if they had to spend $500,000 in five years, how would it be replenished, and Mr. Pendoley responded that would depend on how the Mello -Roos District is structured. He referred to condition (vv), with reference to this issue. Vice -Mayor Breiner inquired if the words, "in a ten year period", should be deleted from condition (k)(8)(c), but Mr. Pendoley stated he does not think it would be advisable. City Manager Nicolai agreed that the last part of condition (vv) explains about the repayment to the applicant. Councilmember Boro stated his concern that if there was a disaster in three or four years, the wording is not clear about the developer getting his money back. Mr. Pendoley responded that in such cases, the developer would have to wait until the $500,000 is replenished. Vice -Mayor Breiner inquired if the wording being discussed tonight has been discussed with City Attorney Ragghianti. Mr. Ragghianti responded he had not looked at it carefully before, but it is clear to him what the intent is. Vice -Mayor Breiner stated she has a few concerns for the record, so it will be clear in the future. She stated that the record should state, if the Council agrees, that the development be in appropriate scale with the existing neighborhood. She stated that we do not have hillside standards at this time, but she would like to see this in the record. Councilmember Boro agreed, stating this was discussed at the last meeting, and Mr. Pendoley added that design review approval is included in condition (mm), particularly Subparagraph (3). Vice -Mayor Breiner stated that "minimize" building mass might mean different things to different people, and linking it to the existing neighborhood implies something different. Councilmember Thayer inquired if the issue of conforming to the adjacent neighborhood could be done through design review, and Mr. Pendoley responded that when this was discussed before it was decided to tie it into the Hillside Design Standards. SRCC MINUTES (Regular) 9/17/90 Page 4 SRCC MINUTES (Rego r) 9/17/90 Page 5 He stated that referring to the average size of homes in the neighborhood would cause him concern, and he prefers the Hillside Standards approach. He noted that subject will be addressed at a public hearing tonight, and the standards will be in full force and effect by the time this subdivision goes forward, so it would be under the new regulations. Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution, as amended. RESOLUTION NO. 8243 - UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE MAP TS86-4 A 28 LOT SUBDIVISION TO BE LOCATED AT LAS CASAS DRIVE EXTENSION AND INVERNESS DRIVE (LOCH LOMOND #10) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. PUBLIC HEARING - TO CONSIDER GRANTING A CERTIFICATE OF CONVENIENCE TO RADIO CAB COMPANY FOR TAXI SERVICES (CHANGE OF OWNERSHIP) (Fin) - File 9-9 Vice -Mayor Breiner declared the Public Hearing opened. Finance Director Coleman briefed the Council, stating that in 1984 the City Council granted a Certificate of Convenience to Radio Cab Company for taxi service in San Rafael, and that the company was recently sold to Donald Tope. The City Attorney's office has stated that a change of ownership would require a new Certificate of Convenience. Mr. Coleman reported that Mr. Tope has purchased nine new replacement vehicles and plans to purchase three more, and appears qualified to operate a reliable taxi service in San Rafael. Councilmember Shippey inquired about who sets the rates for the taxicab companies, and Mr. Coleman responded that the City set the rates a few years ago and then directed that the Finance Department change the rates according to the CPI (Consumer Price Index). Mr. Shippey inquired about competition, and Mr. Coleman responded that the competition would involve better service, and noted that Radio Cab has better vehicles than Yellow Cab. There being no public input, the Public Hearing was closed. Councilmember Thayer moved and Councilmember Boro seconded, to adopt the Resolution granting a Certificate of Convenience to Radio Cab. RESOLUTION NO. 8244 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO RADIO CAB COMPANY (Change of Ownership) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. PUBLIC HEARING - TO CONSIDER ADOPTION OF A WORK PROGRAM FOR THE PREPARATION OF HILLSIDE DESIGN STANDARDS TO BE APPLIED TO ALL NEW RESIDENTIAL DEVELOPMENT AND ALL SUBDIVISIONS LOCATED ON HILLSIDE PROPERTY WITHIN THE CITY (P1) File 115 x 10-2 x 9-1 Vice -Mayor Breiner declared the Public Hearing opened. Principal Planner Sheila Delimont briefed the Council, stating that the General Plan gave a Priority 1 designation to preparation of hillside design standards. She stated that $18,000 has been budgeted to hire a consultant to develop the standards, and at this meeting she is presenting the Request for Proposals (RFP) for approval. She added that the RFP requires preparation of development guidelines for single family homes, multi -family developments, and subdivisions. She stated it is not anticipated that any General Plan amendments will be required to implement the guidelines, but Zoning Ordinance and Subdivision Ordinance revisions may be needed. She added that the guidelines will be published as a separate handbook with illustrations. Staff is recommending that an Advisory Committee be established to provide technical and public input, with representation from the City Council, Planning Commission, Design Review Board, one to three members from Architectural/landscaping and/or engineering firms, and three to five members from neighborhood associations near major undeveloped hillside areas, such as Bret Harte, Dominican, Montecito, Fairhills, Loch Lomond, West End and the North San Rafael Coalition. Ms. Delimont presented a time schedule, with May 17, 1991, as the deadline for the new Ordinance to become effective. Ms. Delimont noted that there are 15 areas in the City which are potential hillside development sites. SRCC MINUTES (Regular) 9/17/90 Page 5 SRCC MINUTES ,.egular) 9/17/90 Page 6 Councilmember Thayer asked if the Interim Slope Ordinance will expire in May of 1991 and this new Ordinance is to serve as a substitute, and Ms. Delimont responded that the provisions of the interim ordinance will be incorporated into the new one. Councilmember Thayer then expressed concern about degrees of slope, and protection of the ridgelines. She also recommended that whoever provides technical assistance on the Committee not have a conflict of interest because of dealings with the City, and that possibly they should be from outside of Marin. She noted that many residents are interested in serving on the Committee, from the various neighborhood groups. Councilmember Boro stated that the time line is excellent. He noted that the Design Review Board (DRB) recommended guidelines rather than standards, and he stated he feels the Committee should look at standards. Mr. Pendoley responded that this policy will have both standards and guidelines. He stated some issues are better handled with guidelines, such as architecture. He stated that for the RFP the language and concept are broad enough that they can easily be changed. Councilmember Boro stated he is not sure they should exclude Marin County people for technical advice, but anyone who has had any projects with the City within the last year or so should not be on the Committee. He feels that people outside the County could still have the same bias as local people. Vice -Mayor Breiner stated they should be very careful about conflicts. Public Works Director Bernardi stated he feels they need someone familiar with the County, and that would be to the City's advantage. He added there will be give and take between Committee members and the final document will be the result of considerable discussion. Vice -Mayor Breiner asked if the Council should select the engineer, and Mr. Pendoley responded that staff can solicit people who might be interested and refer them to the Council. Victoria DeWitt of West End Neighborhood Association recommended that Harry Winters be appointed to the Committee, since he has an engineering background and is familiar with hillside construction. There being no further public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Thayer seconded, to approve the Hillside Design Standards work program as submitted. Under question, Councilmember Boro recommended Councilmember Thayer as the Council's representative on the Advisory Committee. If an alternate is ever needed, another Councilmember will attend. AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 14. PUBLIC HEARING - ANNUAL COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT FOR SMITH RANCH HOMES RETIREMENT PROJECT LOCATED ON REDWOOD DRIVE, NORTH OF SMITH RANCH ROAD (CA) - File 5-1-290 Vice -Mayor Breiner declared the Public Hearing opened. City Attorney Ragghianti briefed the Council, stating that this Development Agreement, entered into on June 3, 1985, involves use and development of Lots 5A, 5B, and 12 at Smith Ranch, and that this request for issuance of a Compliance Certificate relates only to Lots 12 and 5A. He noted that Tishman Speyer Partners (TSP) is submitting this request for issuance of a Compliance Certificate pursuant to California Government Code Section 65865.1. There being no public input, the Public Hearing was closed. Councilmember Boro moved and Councilmember Thayer seconded, to adopt a Resolution authorizing issuance of the Certificate of Compliance to Tishman Speyer Mediq Marin Limited Partnership. RESOLUTION NO. 8245 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (Smith Ranch Homes Development Agreement) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan SRCC MINUTES Vice -Mayor Breiner (Regular) 9/17/90 Page 6 SRCC MINUTES (RegL r) 9/17/90 Page 7 15. PUBLIC HEARING - ANNUAL COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT FOR McINNIS PARK APARTMENTS AFFORDABLE HOUSING PROJECT LOCATED ON REDWOOD DRIVE, NORTH OF SMITH RANCH ROAD (CA) - File 5-1-290 x 229 Vice -Mayor Breiner declared the Public Hearing opened. City Attorney Ragghianti informed the Council that this request is similar to that from Smith Ranch Homes, and specifically to Section 12 of the Development Agreement (Re: Lot 5B). He noted that this Agreement was entered into in June of 1985, and amended in September of 1989. Councilmember Thayer inquired as to the method of monitoring to make sure they are in compliance, and City Manager Nicolai responded that Housing Consultant Dick Bornholdt and the Housing Authority monitor through information supplied by the owner. Mr. Dick Bornholdt informed the Council that he and the Housing Authority both look at the specifics, and stated that they have been in compliance. He noted that incomes change from year to year, and the records are reviewed annually. Councilmember Boro stated he understands these units are in perpetuity, regardless of who the owner may be. Mr. Bornholdt responded that this particular project is the subject of the Development Agreement to which Mr. Ragghianti referred, and that Agreement specified ten years as far as the affordability is concerned; however, they are rentals so at the end of the ten-year period, these requirements are no longer there. He stated that was negotiated in 1984/85. He stated that current agreements require a 40 -year compliance period, and that is what is being done now. Councilmember Boro referred to page 7, paragraphs 6 (d) and (e) of the Development Agreement, and Mr. Bornholdt stated he was correct in assuming that no fewer than 20 of the Rental Project units will be offered to tenants with household incomes of between 80% and 120% of the Bay Area median income, in perpetuity. Councilmember Thayer stated she is concerned about the 20 low income units which would disappear at the end of ten years. Mr. Bornholdt said there is an option built in, whereby a public housing agency could buy those units and offer them for rent, or sell the units to the developer and take the proceeds of the sale and create another 20 units somewhere else in San Rafael. Vice -Mayor Breiner inquired regarding 6 (b), page 6 of the Agreement, asking if the computations on the rents, as specified, are being followed. Mr. Bornholdt replied that they are being computed as outlined. There being no public input, the Public Hearing was closed. Councilmember Thayer moved and Councilmember Boro seconded, to adopt a resolution authorizing the Issuance of Certificate of Compliance to McInnis Housing Partners, a California Limited Partnership. RESOLUTION NO. 8246 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (McInnis Park Apartments Affordable Housing Project) (Re: Lot 5B) AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 16. PUBLIC HEARING - TO CONSIDER AMENDMENT TO ORDINANCE NO. 1303 TO INCREASE THE NKUNtKif TRANSFER TAX (Fin) - File 9-12 Vice -Mayor Breiner declared the Public Hearing opened. City Manager Nicolai informed the Council that in June of 1978 the City increased the Property Transfer Tax from 55t per $1,000 to $1 per $1,000. She noted that last fiscal year this tax generated $381,000 in revenue. Ms. Nicolai stated that it is now apparent that with the fiscal problems at State level, the City of San Rafael may need an additional $400,000 in revenue just to maintain the existing service levels. She noted that during the budget sessions many additional needs were discussed, such as enhanced police protection, deferred building maintenance, park maintenance, and others. Ms. Nicolai added that SRCC MINUTES (Regular) 9/17/90 Page 7 SRCC MINUTES (Regu.-r) 9/17/90 Page 8 in November there is a ballot initiative which, if passed, would prevent any future increases in the Property Transfer Tax, and if the City wishes to fund some of its revenue needs, they should consider an increase in the Transfer Tax which would be effective November 1st. She noted that this Tax is just one option, but the option will be eliminated if the Voters' Rights Initiative is approved in November. In closing, she noted that a $1.00 increase in the City's Property Transfer Tax would cost the seller of a $300,000 home an additional $300. The actual amount would depend on the level of real estate activity. Bob Holmes, representative of the Marin County Association of Realtors, requested a continuance of the public hearing, stating that the Realtors have not had time to respond, nor have the homeowners. He said his Board is meeting this Wednesday and will probably send a strong letter in opposition. He stated this is selective and discriminatory, and the amount of revenue would depend on the vitality of the real estate market. He again requested the item be continued, but if not, and it is a Consent Calendar item, he requested that the public be allowed to speak. There being no further public input, the Public Hearing was closed. City Attorney Ragghianti noted that if there are substantive changes, the Ordinance would have to go back to a first reading, and City Manager Nicolai stated if that happened, it would be too late to put it into effect before November 1st. Councilmember Boro inquired if this is one of the revenue options from the Revenue Options Committee, and Ms. Nicolai said it is not. Councilmember Thayer inquired when was the Real Estate Board notified, and Mr. Holmes explained they have only one meeting a month and their meeting is scheduled for this Wednesday. He said they were not notified until after the previous meeting. Councilmember Boro inquired, if the Council passes this increase do they have the ability to direct where some of the money can go. City Manager Nicolai stated that the Council always has that ability. Mr. Boro stated he felt the Council has to show the public that if they raise the taxes, the money will go into something specific. He added he is concerned about sending a signal to the County regarding the increase, but they should be able to tell the residents what the City will do with it. He asked about designating a use for the money, and Ms. Nicolai said it could not be done ahead of time. She noted staff has no authority, once the revenue is generated, to spend it without the Council's authorization. She noted the funds would go into the General Fund as an unallocated amount until the Council authorizes its expenditure. She noted she does not want it to be associated with just what the County is thinking about, but the City might want to have it as an option to use some of this as new revenue instead of cutting employees. Mr. Boro recommended, when looking at further funding options, that a policy be established this next year at budget time to reserve 10% to fund a certain level of capital improvements each year. Councilmember Thayer agreed with this recommendation, stating much time has elapsed since the Council talked about establishing a formal Capital Improvement Fund for the City. Councilmember Shippey stated he would be in favor of a .4% level, instead of .2%.0. Councilmember Boro stated he would have a problem with a $4 rate, as being a bit too hard. He recommended talking about other revenue options. He stated the Council has discretion on this item, and he feels that would be too much money from one source. City Attorney Ragghianti pointed out that there is a petition pending against Oakland in the Supreme Court. He noted that if this tax is passed, he would recommend the funds not be spent until the Court decides the case against Oakland. Councilmember Thayer stated the $4 would be totally inappropriate, and she recommended $2.50, which would bring in approximately $570,000. Councilmember Boro stated he prefers the $2, which is doubling the current rate. Vice -Mayor Breiner agreed. Councilmember Shippey said they should forget what the rate was, but should think about what it should be right now. He stated it is a fallacy to say that we are aiming at one segment of the community. SRCC MINUTES (Regular) 9/17/90 Page 8 17. SRCC MINUTES ,Regular) 9/17/90 Page 9 Councilmember Shippey moved and Councilmember Thayer seconded, to raise the Property Transfer Tax Rate to $2.50. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Motion failed. Shippey & Thayer Boro & Vice -Mayor Breiner Mayor Mulryan Councilmember Boro moved and Vice -Mayor Breiner seconded, to raise the Property Transfer Tax Rate to $2.00. AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: Mayor Mulryan The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING TITLE 3, CHAPTER 3.22, SECTION 3.22.020 OF THE MUNICIPAL CODE TO INCREASE THE PROPERTY TRANSFER TAX" (from $1.00 to $2.00 for each $1,000 of the value of consideration or fractional part thereof) Councilmember Boro moved and Vice -Mayor Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1595 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: Mayor Mulryan REPORT ON WORK PROGRAM FOR ST. VINCENT'S/SILVEIRA SPECIFIC AREA PLAN (P1) - File 115 x 10-1 x 10-2 Planning Director Pendoley provided a status report outlining the General Plan policy SVS -1, a Specific Plan for the St. Vincent's/Silveira area prior to any development applications being approved, except for reuse of the existing St. Vincent's School facilities, minor or moderate expansion of St. Vincent's School, reuse of the Honor Farm property, or development of adjacent properties South of the Honor Farm. Mr. Pendoley stated that due to the fact that it is unlikely that these properties may be developed for many years, staff has lowered the priority for the SAP (Specific Area Plan). He listed issue areas which could be included in a constraints analysis, including various environmental factors such as riparian setbacks, wetlands, unfilled diked Bay lands, etc. Mr. Pendoley outlined the recommended makeup of the Advisory Committee, including property owners (one each), environmental groups including Audubon and MCL; at least three neighborhood groups, with a question on inclusion of Marinwood; and representatives from the Council, Planning Commission and DRB (Design Review Board). Councilmember Boro commended Mr. Pendoley on his complete report. He noted this issue is many years away because of water, sewage and roads, and his thought was to start the process talked about in the General Plan amendment, but not necessarily start the whole program at this time. He stated all of the constraints do not have to be known at this time, but they should check on the wetlands to determine the parameters. He said he would like a good faith effort on the part of the Council. Councilmember Thayer stated it is important for people to know what is in the General Plan is not necessarily "written in concrete". She added that in the spirit of cooperation she would like to go forward and look at our wetlands' policy, because setbacks from wetlands are very important to environmental groups. She said she feels there should be much more stringent setbacks. She noted also that EIR's (Environmental Impact Reports) can change over the years, and Mr. Pendoley agreed, stating an EIR would be subject to change at a later time. He stated he strongly recommends an Advisory Committee. Councilmember Shippey stated it could be basically an ad hoc advisory committee, including the North San Rafael Coalition, and EAH (Ecumenical Association for Housing). He said he favors that idea. Councilmember Boro stated on the Committee he would suggest two other groups, representatives from business, and a housing group. Councilmember Thayer suggested the Sierra Club be represented, but Mr. Boro said any Sierra Club members who have addressed the Council have been from outside the County. SRCC MINUTES (Regular) 9/17/90 Page 9 SRCC MINUTES (Regu r) 9/17/90 Page 10 Regarding the question of Marinwood participation, Vice -Mayor Breiner noted that any members of the Committee must be San Rafael residents. Staff was asked to come back at the next meeting with a full report on the Work program. 18. DESIGNATION OF VOTING DELEGATE AND ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE, OCTOBER 21 - 24, 1990, IN ANAHEIM (CC) - File 9-11-1 The Council agreed on Mayor Mulryan as Delegate. No alternate was chosen. ADD ITEMS: I. REQUEST FOR STATUS REPORT ON BAYWOOD TERRACE SUBDIVISION, BRET HARTE ROAD: JOHN HOFFMIRE, OWNER: AP 13-271-29 (PW) - File 5-1-314 Councilmember Boro requested a written staff report on this unfinished subdivision. He stated that the developer, John Hoffmire had told the Council he had funding, but nothing has been done to this date. Mr. Boro asked that it be on the next agenda, and that the neighbors be notified. II. REQUEST FOR STATUS REPORT ON IMPACT OF CITY TAKING OVER REGULATING AUTHORITY FROM STATE FOR HEALTH & SAFETY PURPOSES, RE CONTEMPO MARIN MOBILEHOME PARK (P1) - File 13-7-1 x 13-16 Councilmember Thayer inquired when the Council would receive a report from staff on the City taking over regulatory control at Contempo Marin Mobilehome Park on health and safety matters. Mr. Pendoley responded that he and the City Attorney have been in touch with Housing and Community Development (HCD) in this regard, to determine exactly what the City's authority would be if the City assumed control. He said there are divergent opinions. Ms. Thayer said she has received many complaints from the Park on code violations. Vice -Mayor Breiner stated she wants to be careful that people are not getting hurt, no matter who has ultimate authority. She said she would like to know how far the City can go on health and safety matters, even if they may not have statutory authority. Mr. Pendoley promised to report back as soon as possible. There being no further business, the meeting was adjourned at 10:00 P.M. JEAN LEONCICINI,City Cler APPROVED THIS DAY OF , 1990 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/17/90 Page 10