HomeMy WebLinkAboutCC Minutes 1993-03-01SRCC MINUTES (Regular) 3/1/93 Page
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IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 1, 1993, AT 7:00 PM
CLOSED SESSION
1.DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No Closed Session was held.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 1, 1993, 8:00 PM
Regular Meeting:
San Rafael City Council
Present: Albert J. Boro, Mayor
Dorothy L. Breiner, Councilmember
Paul M. Cohen, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
I.REQUEST FOR DISCONTINUANCE OF REPAIRS ON SAN RAFAEL PUBLIC LIBRARY - File 9-3-61
(VERBAL)
Mr. Rudy Kupfer, representative of the Grey Panthers of Marin County, spoke with regard to
the repairs on the San Rafael Public Library, stating he had written letters to both
Library Director Stratford and Mayor Boro to which he received no reply. He stated
the group's concern was the joint application submitted by both the City of San
Rafael and County of Marin for a centrally located City/County Library on "C" Street
which was not funded. Since then, he stated, the City and County have gone their
separate ways and the hours of both the County and City Libraries do not coincide,
thereby not serving the public as expected. He stated the group's other concern was
with regard to the City's repair work to be done on a building with inadequate space
and parking, and the County planning on spending money to build another County
Library instead of building a joint City and County Library. He asked that the City
Council attempt once again to enter into a Joint Powers Agreement with the County and
build a joint City/County Library.
The Council unanimously agreed to pull Agenda Item #12 from the Consent Calendar for
discussion regarding Mr. Kupfer's concerns.
II.RE: ALLEGED BROWN ACT VIOLATION CONCERNING THE JOB CENTER - File 231 x 9-2-43 x 218 x
9-3-11 x 9-1 (VERBAL)
Mr. Rick Oltman stated the three actions taken with regard to the Job Center were taken
illegally due to the fact that the Brown Act requires each action item be noticed and
these were listed on the 2/1/93 Agenda as informational only. He stated that what
was requested in the letter from his group's attorney, Rudy Rentzel, distributed to
the City Council, was that the Council approve these items in accordance with the
Brown Act, rescinding all the prior actions taken at the 2/1/93 meeting at the next
City Council meeting, with the proper notification.
At the end of the City Council meeting, Mayor Boro asked City Attorney Ragghianti to
respond to the letter from Mr. Rick Oltman. Mr. Ragghianti responded that the Brown
Act stated that a response must by made in writing within 30 days, and he will write
a letter.
III.RE: RIOTING IN THE CANAL AREA THE WEEK OF FEBRUARY 22, 1993 WITH RELATIONSHIP TO THE
JOB CENTER - File 231 x 9-2-43 x 218 (VERBAL)
Ms. Jan Hummingbird, resident of the Canal area, stated the Canal area was considered to
be a "mecca" for immigrants of the Hispanic culture, both legal and illegal. She
voiced her concern about the tension in the area after the riot of last week, noting
she felt one contributing factor to this was the overcrowdedness and imbalanced
cultural situation with the Hispanic immigrants looking for work. She stated she
felt the Job Center would eventually attract more Hispanic immigrants to the Canal
area which would add to the imbalance that exists now. She asked the Council for
their assistance with this problem and stated she did not feel the Job Center would
solve this problem.
Mayor Boro responded for the record that as a result of the incident that did occur in the
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Canal area last week, he and the other Councilmembers had been in conversation with
the City Manager and the Chief of Police for San Rafael Police Department, with the
following action to be taken: 1) Two people were arrested and another had a warrant
issued, and the City will prosecute these three individuals to the full extent of the
law; 2) The Chief of Police and a department spokesperson have had conversations with
the two Hispanic newspapers in the area; they will continue to inform newcomers of
conduct that is not acceptable in this City; and, 3) The San Rafael Police Department
will monitor these types of sports events in the future and will have more presence
in the Canal area.
CONSENT CALENDAR
Councilmember Shippey moved and Councilmember Breiner seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Special Joint Meeting With
School Districts of January 25, 1993 and Regular
Meeting of February 1, 1993 (CC)
3. Authorization to Call for Applications to Fill Two
Positions on the Fire Commission Due to Expiration
of Terms of Fire Commissioners Clifford P. Elbing
and Richard Heine (CC) - File 9-2-5
4. Resolution of the City Council of the City of
San Rafael: (CC) - File 9-4 x 9-2-42 x 9-12
a. Calling and Giving Notice of Holding of a
Special Municipal Election, for June 8,
1993 to consider a Ballot Measure Re:
Municipal Services Tax, and Ordering
the Publication thereof;
b. Requesting the Board of Supervisors to
Consolidate With Any Other Election
Conducted on the Same Date;
C. Requesting Election Services by the County
Clerk;
d. Requesting the City Attorney to Prepare an
Impartial Analysis of Said Measure.
5. Resolution to Adopt Disadvantaged Business
Enterprises (DBE) Program and Appoint Public
Works Director as the Liaison Officer for the
DBE Program (PW) - File 232 x 9-3-40 x
(SRRA) R-328
RECOMMENDED ACTION
Approved as submitted.
Approved staff recommendation:
a) Call for applications to
fill two (2) four-year terms
on the San Rafael Fire
Commission due to expire the
end of March, 1993, with dead-
line for receipt of applica-
tions due Tuesday, March 23,
1993 @ 12:00 Noon in the City
Clerk's Office;
b) Set date for interviews of
applicants, including
incumbent(s), at a Special
Council meeting to be held on
Monday, April 5, 1993,
commencing @ 6:30 PM, to fill
two (2) four-year terms to the
end of March, 1997.
Mayor Boro pulled this item
and moved it to "Old Business"
renumbered #16a for discussion.
ADOPTED RESOLUTION NO. 8831 -
ADOPTING A DISADVANTAGED
BUSINESS ENTERPRISES (DBE)
PROGRAM AND APPOINTING THE
PUBLIC WORKS DIRECTOR AS THE
LIAISON OFFICER FOR THE DBE
PROGRAM
6. Resolution of Appreciation to
Peacock
Garden Club
ADOPTED RESOLUTION NO. 8832 -
for 1993 Arbor Day Celebration
(PW) -
File 109 x
RESOLUTION OF APPRECIATION
102 x 9-3-66
TO THE PEACOCK GARDEN CLUB FOR
THE 3/5/93 ARBOR DAY TREE
PLANTING PROJECT AT BRET HARTE
PARK
9. Approval of Five Year Lease Agreement
With Marin
ADOPTED RESOLUTION NO. 8833 -
County Historical Society For
Use of
Boyd Gate
AUTHORIZING THE SIGNING OF AN
House (Cult.Affs.) - File 2-8-14
X 9-2-24
AGREEMENT WITH THE MARIN COUNTY
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10. Amendment Extending Joint Powers Agreement With
the Cities of Mill Valley, Sausalito and the
County of Marin for the Planning of an Inte-
grated On -Line Library System Through January 31,
1994 (Lib) - File 4-13-83 x 9-3-61 x 8-5
11. Report on Bid Opening and Authorization to
Purchase One 1993 4x2 Utility Vehicle From
Joe Sio Chevrolet for Traffic Division in
Public Works (PW) - File 4-2-270 x 9-3-40
13. Legislation Affecting San Rafael (CM) - File 9-1
SRCC MINUTES (Regular) 3/1/93 Page
HISTORICAL SOCIETY FOR THE USE
OF BOYD GATE HOUSE (lease
agreement from 3/1/93 to
12/31/97)
ADOPTED RESOLUTION NO. 8834 -
AUTHORIZING THE SIGNING OF AN
AGREEMENT WITH THE CITIES OF
MILL VALLEY AND SAUSALITO AND
THE COUNTY OF MARIN AMENDING
THE JOINT EXERCISE OF POWERS
AGREEMENT FOR THE PLANNING OF
AN INTEGRATED ON-LINE LIBRARY
SYSTEM (extending the term of
the Agreement from 7/1/92 to
1/31/94)
ADOPTED RESOLUTION NO. 8835 -
AUTHORIZING THE PURCHASE OF
A 1993 4x2 UTILITY VEHICLE
FOR TRAFFIC DIVISION IN PUBLIC WORKS
DEPT. FROM JOE SIO CHEVROLET
(lowest responsible bidder, in
the amount of $14,525.79)
Approved staff
OPPOSE AB 157
Rent Control;
SUPPORT SB 191
Property Tax;
recommendations:
(CONROY) Housing:
(BEVERLY)
OPPOSE AB 267 (STATHAM) Vehicle
License Fee and Gas Tax.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner and Cohen from Minutes of Special Joint Meeting
of 1/25/93 only, due to absence from meeting.
The following items were removed from the Consent Calendar for discussion:
(Item #4 was moved to Item #16a.)
7.RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CH2M HILL TO PROVIDE
ENGINEERING SERVICES FOR THE DESIGN OF THE FREITAS PARKWAY INTERCHANGE IMPROVEMENT
PROJECT (PW) - File 4-3-259 x 11-16 x 9-3-40
Councilmember Thayer stated she noted from the staff report that the first phase of this
project would cost about $48,000, and the second phase is estimated to cost between
$120,000 and $140,000, depending upon CalTrans' format. She noted that CH2M Hill had
come in with the low bid of $48,000, but there is such a variable that she questioned
whether perhaps another bidder could give us a lower cost for the second phase.
Public Works Director Bernardi responded that each of the consultants had the same work
plans to consider. He noted that it had been decided to have the work done in two
phases, primarily because all of the issues developed by CalTrans would be brought
out in the first phase. He pointed out that during the Merrydale Over- crossing
project CalTrans changed their minds several times and that was why it took so long
to implement. This procedure would make it easier to work out the details. Mr.
Bernardi added that his staff will be meeting with CalTrans soon, and when they get a
clear idea of the project they can figure out how much it will cost the City. Mrs.
Thayer asked what would happen if we choose one bidder and then if there are many
changes by CalTrans we found that the phase two work by that one bidder would be too
expensive. Mr. Bernardi responded that Phase II work will have a completely defined
scope of work, but staff is not sure at this time what that will be and that is why
it is open-ended now. Mrs. Thayer pointed out that by choosing the one bidder now we
will not have control over what happens in the second phase. Mr. Bernardi replied
that this procedure gives us control over the second phase.
Councilmember Breiner asked will the work be generalized to the point where it will not be
a problem. Mayor Boro stated he feels the question is will CH2M Hill automatically
do the second phase, or will it go out to bid again. Mr. Bernardi replied we will
leave that fluid, and will be bringing it back to the Council again for the second
phase.
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City Manager Nicolai pointed out that we are not locked up with CH2M Hill, and we are not
in a bind in this issue. However, when we have someone who does part of a project we
are inclined to feel that they will probably continue, but there is nothing to
preclude us from going out and getting estimates from someone else on Phase II. She
pointed out that when we know the scope of work we could judge if what they are
quoting is reasonable.
Councilmember Breiner referred to Page 3 of the proposal, and asked if this would be back
before the Council in about four months, and Mr. Bernardi stated that is correct.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
accepting the proposal of CH2M Hill.
RESOLUTION NO. 8836 - ACCEPTING PROPOSAL FOR ENGINEERING SERVICES - PHASE I - FOR
FREITAS PARKWAY IMPROVEMENTS FROM CH2M HILL IN THE AMOUNT OF
$48,850
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8.RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH DURING ASSOCIATES FOR THE PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT FOR THE MASTER PLAN FOR THE SISTERS OF SAINT
DOMINIC (Pl) - File 4-3-260 x 9-3-17
Councilmember Thayer stated she realizes that During Associates have expertise in the
historical field, but she would be interested in knowing about the other quotes on
the bids.
Planning Director Pendoley responded that they were comparable except for one which was
much higher than the other three. He stated that the other three bidders were within
a couple of thousand dollars of each other. Mayor Boro stated he assumes this type
of bid being for professional services is based on interviews with staff as to who
would be the best. Ms. Nicolai pointed out that this is not a bid, and Mr. Pendoley
agreed, adding that they had considered the adequacy of the response to the Request
for Proposals and the references. He added that after they had made the choice, they
discussed it with the Dominican Sisters and they reviewed it with their attorney and
ultimately concurred.
Councilmember Thayer stated she would like to see the dollars and cents laid out in the
report. Mr. Pendoley responded that it will not be paid with City money, but the
property owners who, of course, are the Dominican Sisters.
Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution
accepting the proposal of During Associates for preparation of an EIR (Environmental
Impact Report) for the Dominican Convent Master Plan.
RESOLUTION NO. 8837 - ACCEPTING THE PROPOSAL FROM DURING ASSOCIATES FOR PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE DOMINICAN
CONVENT MASTER PLAN
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12.REPORT ON FUNDING OF SEISMIC REHABILITATION - SAN RAFAEL PUBLIC LIBRARY (CM) - File 4-
1-457 x 9-3-61 x 9-3-40
City Manager Nicolai informed the Council that, in addition to this report which allocates
the funding for the seismic rehabilitation of the Library, she wished to comment on
the comments made earlier this evening. She stated she does not disagree that it
would be nice to consider a Joint Powers Agreement (JPA) with the County, but there
was no available funding and this should be considered for the future. She stated
that the proposal is not a misuse of funds to rehabilitate our Library now, since any
future reuse of this existing building would still need to have these improvements
made. She stated she would like to have the Library reopened in July, 1993. Ms.
Nicolai added that even if we were to pursue the JPA with the County the project
would take several years to complete.
Councilmember Shippey noted that the Council and staff have been in close contact with the
County, and the money is not there. He added that unfortunately, although the idea
is attractive it is not practical. He asked about the timing for the work on the
Library, and Ms. Nicolai responded we should be back in there in July, 1993.
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k,
Mr. Bernardi stated that the first date is June 14, 1993, and after the 14th to July 15,
1993 they will be working with the Library staff present and at the end of that time
the work would be done and the Library could open.
Councilmember Thayer stated, in response to Mr. Kupfer's remarks, that we would have liked
to have seen the Library downtown as planned but the City missed receiving about $13
million for which we had applied. She pointed out that the City and County combined
could not come up with that much money. She noted that there is another Bill with
about $600 million for libraries, with special attention given to those which were in
the previous competition for those monies. She stated it is something to look
forward to, and we have not given up on it.
Councilmember Cohen agreed with the practical situation. He noted that the repairs to the
Library are seismic and will include compliance with the ADA (Americans with
Disabilities Act) and would be needed no matter what the use. He stated it is worth
the $500,000 to rehabilitate the building, and in the interim this will serve as a
public library.
Mayor Boro noted it is being retrofitted in such a way that it could be expanded.
Councilmember Cohen moved and Councilmember Shippey seconded, to approve the staff
recommendation to fund the project with $250,000 from the Redevelopment Agency,
$200,000 from the Capital Fund and $71,000 from the Davidson Bequest funds.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14.PUBLIC HEARING TO CONSIDER RATES FOR REFUSE COLLECTION AND RECYCLING SERVICE (Fin) -
File 4-3-32
Mayor Boro declared the Public Hearing opened.
Finance Director Coleman briefed the Council, stating that each year the five agencies
which franchise Marin Sanitary Service meet to discuss the rates, and it is their
recommendation that the rates remain unchanged for 1993. Mr. Coleman noted that
there is a letter in the packets from Deloitte & Touche which summarizes their
findings and conclusions.
Mr. Coleman explained that two things occurred in 1992 which caused Marin Sanitary to have
a surplus. One was the fact that after last year's rates were adopted, the Redwood
Landfill rates were lowered, which caused the surplus in 1992. Also, last year the
rates for multi -can users were set a little higher than the actual cost, to encourage
people to recycle and use fewer cans. However, the result was that most of the
people using two or three cans did not reduce the number of cans, which resulted in
about $180,000 surplus in 1992.
Mr. Coleman stated that it is proposed that a portion of the surplus be used in 1993 to
offset the additional cost of the Recycling Program. He explained that $45,000 of
the surplus monies would be in a contingency fund for salvage price fluctuations.
Mr. Coleman pointed out that Deloitte & Touche also recommended that the surplus,
after those deductions, be set aside for next year to cover any fluctuations and
reduce the need for a rate increase in 1994.
Mr. Coleman stated that Recycling has been having a difficult year because during the year
the recycling was split, resulting in Marin Sanitary taking over responsibility for
the recycling programs in Central Marin and eliminating its involvement in the
curbside program in Southern Marin. He added that Marin Sanitary will absorb the
curbside recycling program in San Rafael and will process recyclables for other
companies on a contract basis. Mr. Coleman concluded by stating that all of the
costs have been reviewed by Deloitte & Touche, and their representative, Mr. Erik
Gilberg, is prepared to answer questions regarding his report. There were no
questions of Mr. Gilberg from the Council.
There being no public input, the Public Hearing was closed.
Councilmember Shippey stated he sees no reason to question the Deloitte & Touche report
and, in fact, he had thought the rates would be going up again.
Councilmember Shippey moved and Councilmember Breiner seconded, to approve the report with
rates to remain at the same level as 1992.
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Under discussion, Councilmember Breiner inquired whether this would be back before the
Council in a year's time. Mr. Coleman responded that normally he meets with Deloitte
& Touche around November to review the figures which are supplied based on the August
figures, and all five franchisers review it.
Councilmember Cohen referred to the last paragraph in the staff report, regarding the
Resource Recovery Center, and noted that this is unrelated to the pricing for garbage
services. Mr. Coleman responded that information was included just to let the
Council know that even though the regular portion of Marin Sanitary is now operating
successfully, the unregulated portion is having some problems, and the overall impact
on Marin Sanitary results in an impact on the company as a whole.
Councilmember Thayer inquired about the criteria used in determining depreciation on
equipment purchased in prior years. Mr. Coleman responded that much of it has to do
with when the vehicle or equipment was purchased and whether it was considered in the
rate structure.
Mr. Erik Gilberg, of Deloitte & Touche, spoke about the depreciation factors. He stated
that the company is asked to project, for the upcoming year, which assets it intended
to buy and for what purpose. The year following, he goes back and sees which assets
the company actually bought, assuming those assets were approved in the rates. If
there is a difference in which was approved and what was actually bought, there is a
reconciliation process. He stated in some instances the company will realize in the
middle of the year that there is something they need which they had not projected.
In some cases they will go back and allow depreciation for that asset if there is
enough evidence to support that it was reasonable to buy that asset at that time if
it would result in cost savings or some efficiency improvement, and that the need
could not have been forecast the year before. Mrs. Thayer inquired, who determines
the usefulness of the unplanned purchase of equipment. Mr. Gilberg responded that is
Deloitte & Touche's responsibility, and noted as an example the classroom facilities
for the Recycling Center. In that case, they asked the company why it was needed and
they gave a satisfactory explanation.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15.PUBLIC HEARING - VACATION OF STORM DRAIN EASEMENT AT NORTHGATE ONE SHOPPING CENTER, SAN
RAFAEL (PW) - File 2-12 x 9-3-40
Mayor Boro declared the Public Hearing opened.
Public Works Director Bernardi explained that in 1988 the City had approved the remodeling
of Northgate One Shopping Center. The remodeling project included an additional
building site on the southwest corner of Manuel Freitas Parkway and Northgate Drive
intersection, which now accommodates Pier 1 Imports and where the storm drain to be
vacated is located. A portion of the storm drain, including that portion where Pier
1 is now located, was removed during construction in 1989, and a new storm drain was
installed further south to avoid the building. With the completion of the work, it
is now appropriate for the City to abandon the old storm drain easement, and that is
staff's recommendation. He added that if the Council adopts the Resolution ordering
abandonment, he will have the necessary documentation at the next Council meeting.
There being no public input, the Public Hearing was closed.
Councilmember Cohen inquired about timing, asking if, since we are going to accept the
easement later, is there any problem with giving one up before we accept the other?
Mr. Bernardi responded there is no problem, because the new storm drain is already
being used.
Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution
ordering abandonment of the storm drain easement at Northgate One Shopping Center.
RESOLUTION NO. 8838 - ORDERING CLOSING, ABANDONING AND VACATING PORTION OF STORM
DRAIN EASEMENT - NORTHGATE ONE SHOPPING CENTER, SAN RAFAEL
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16.ESTABLISHMENT OF COMMUNITY SERVICES (MELLO-ROOS) DISTRICT CFD 1992-1, LOCH LOMOND #10:
(PW) - File 6-50 x 5-1-297 x 9-3-40
a. APPOINTMENT OF REPRESENTATIVE TO ACT FOR PROPERTY IN RESPECT OF MAILED -BALLOT,
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LANDOWNER ELECTION - To be filed.
b. WAIVER AND CONSENT SHORTENING TIME PERIODS AND WAIVING VARIOUS REQUIREMENTS FOR
CONDUCTING MAILED -BALLOT ELECTION - To be filed.
C. CERTIFICATE OF ENGINEER - To be filed.
d. CERTIFICATE OF CITY CLERK RE: WAIVER AND CONSENT - To be filed.
e. RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND TO LEVY A SPECIAL
TAX
f. RESOLUTION CALLING SPECIAL MAILED -BALLOT ELECTION
g. THE ELECTION WILL HAVE BEEN CONDUCTED, CONTINGENT UPON THE ADOPTION OF THE
FOREGOING RESOLUTIONS
i. RESOLUTION DECLARING ELECTION RESULTS
Planning Director Pendoley reported that in the staff report he has addressed the issues
raised at the December 7, 1992 Public Hearing. He illustrated the major points by
means of an "overhead" illustration which described the Loch Lomond #10 (Mello -Roos)
District Source and Disposition of Funds. The breakdown was: Maintenance Fund,
Mello -Roos District as source, and disposition being Public Works to maintain
drainage control devices; Sinking Fund, Mello -Roos District as source, and
disposition being Public Works to replace drainage control devices; and Self -
Insurance Fund, Source being Developer, through cash contribution, developer's Mello -
Roos payments, and interest, with the disposition being to the Self -Insurance
Reserve. He added that under Self -Insurance Reserve Fund there is also a Homeowners'
Account, with the source being Mello -Roos District and the disposition being the
developer payback, Self -Insurance Reserve. Mr. Pendoley noted that the developer
would also make Mello -Roos payments on any part of the property which he owns. He
pointed out that the developer never gets the interest, but that it is credited
toward his obligation. He noted that the reserve money stays there, and is never
used to repay the developer.
Councilmember Cohen remarked that this is the clearest statement we have had so far on
this issue and it is very helpful. He inquired, what happens once the developer is
paid back; does the assessment cease until the fund has to be developed further, and
Mr. Pendoley replied that is correct. Mr. Cohen stated he understands that the City
is insured over the $500,000 and Mr. Pendoley replied it is insured for $10,000,000.
Councilmember Breiner referred to Exhibit C, Section II, Method of Apportionment of
Special Tax, and stated she would like it spelled out just what each Exhibit covers,
when the motion is made. She then noted we are speaking about 28 parcels, and asked
if the BMR (Below Market Rate) homes pay the full price. Mr. Pendoley responded the
BMR units do not pay, so it is actually 27 parcels. Mrs. Breiner noted that if
everyone paid, the amount would be $52,000 per year, and if there is no inflation
built into Exhibit C it is going to be a long time before the fund gets built up
again in case we have two or three bad winters in a row. She stated the Council has
always had a concern regarding the City's General Fund, and inquired if the $1,852
tax amount is not enough, what could the City do? Mr. Pendoley explained the $1,852
is the amount which can be collected from a parcel. He noted that regarding the
method of apportionment, Section II under Exhibit C stated that the rate which can be
taxes is only to fund the Self -Insurance fund, to repay advances by others used to
fund the Self -Insurance fund, or to restore the Self -Insurance fund to the Fund
Amount as that term is defined in Exhibit A. He noted that the Fund Amount is
$500,000 plus interest.
Mayor Boro inquired if, in the first year, we had a major disaster and the $500,000 is
paid by Mello -Roos and the balance by insurance, how would we build the fund back up
again? Mr. Pendoley responded that Condition (k)(8)(c) 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 capitalization in a ten-year period". He
explained that with Mello -Roos there is some flexibility as to the amount you can
collect, and to collect the initial $500,000 you must fix the rate.
Councilmember Cohen inquired, if there is a catastrophic event, and another catastrophe in
another couple of years, would the City have to make up the amount. Mr. Pendoley
replied that it would. Mr. Cohen verified that the City would then be repaid by the
tax on the homeowners. Mr. Pendoley agreed. Mr. Cohen noted that Exhibit A states
that the initial amount of $500,000 would pay for the costs to the City for damages
due to sliding, erosion or drainage. . .". He noted it refers to advances made by
private persons, and Mr. Pendoley explained that is the developer. Mr. Cohen noted
that there may come a time when the City's General Fund is impacted, but the tax
would be used to repay the City before it would go into the fund again presumably.
Mr. Pendoley replied that is correct.
Councilmember Breiner referred to Exhibit C, II (b), last sentence, and asked for an
explanation of its meaning. Mr. Cohen explained that the tax of $52,000 would be
divided by 28.
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Albert Barr, President of the Loch Lomond Homeowners Association, asked would it not be
more feasible to require a performance bond to cover any contingency. He explained
that if the developer has left the area the homeowners would have to make up the
money. He asked should not the Mello -Roos District require a performance bond?
Mr. Pendoley replied in the negative. He explained that was discussed several years ago,
and the performance bond would be limiting, but the self-insurance method would be
more workable. He added they could not get a nexus test if we required the
performance bond along with the Self -Insurance. Mr. Barr suggested the insurance
policy could cover the deductible, and noted that it would take the homeowners a
considerable amount of time to restore the funds and, if they could not, the City
would have to come up with the money. Mr. Pendoley responded that the City is doing
that right now, and that there is no absolute way everything can be totally covered,
but this is providing the best method.
Mr. Barr thanked the City Council, Mr. Bernardi and Mr. Pendoley, for their work during
these past few years addressing the questions raised by Mrs. Shaw and Mr. Croner. He
then noted that soon the project will be moving into the construction stage on the
mitigation devices and he hopes they will preserve as many trees as possible. Also,
a Clerk of the Works is crucial, as required by the conditions, and he would hope
staff would follow through on that issue. He concluded by stating the Association
looks forward to working with the developer and the future homeowners association on
the development.
There being no further public comment, Mayor Boro closed the public input portion.
Mayor Boro inquired about the vote on the Resolutions and City Clerk Leoncini stated they
should be taken separately.
Councilmember Breiner stated she believes that Exhibit C should be modified to name the
funds: a) Maintenance Fund; b) Sinking Fund; and, c) Insurance Reserve.
Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution of
Formation of Community Facilities District and to Levy a Special Tax, to include
changes to Exhibit C.
RESOLUTION NO. 8839 - RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT AND
TO LEVY A SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1992-1
(LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE
OF CALIFORNIA (w/Exhibit C as amended)
Mr. Sam Perry of Orrick, Herrington & Sutcliffe, stated he is concluding these proceedings
on behalf of Orrick, Herrington & Sutcliffe and his former firm of Sturgis, Ness,
Brunsell & Sperry. He asked that before the Council acts on the motion now before
them he would like the record to reflect that there are three items in the record of
these proceedings. The first is that there is on file with the City Clerk a
Certificate of Filing of the Boundary Map; secondly, that there is on file a
Certificate of Mailing of the Resolution of Intention which, in effect, served as a
Notice of Hearing; and, thirdly that there is a Proof of Publication of that
Resolution of Intention.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mr. Sperry stated in anticipation of the Council acting on the second of the two proposed
Resolutions, which is the Resolution calling the Election, he would like the record
to reflect that they have three additional items on file. The first is the Waiver
and Consent executed by the representative of the property owner shortening the time
for calling the Election and waiving various requirements with respect to conduct of
the Election. Secondly, the Certificate of your City Clerk respecting receipt of
that Waiver and Consent. Thirdly, the Certificate of the Engineer, Lee Oberkamper,
confirming that there are no registered voters residing on any of the property that
is subject to the proposed special tax. He noted with those three items having been
confirmed as part of the record, he believed it was appropriate for the Council to
act on the second Resolution.
Mayor Boro stated this was with respect to the Election and the understanding was the
current property is the individual who will exercise the vote in the election. Mr.
Sperry responded affirmatively.
Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution
calling special mailed -ballot election.
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RESOLUTION NO. 8840 - RESOLUTION CALLING SPECIAL MAILED -BALLOT ELECTION, COMMUNITY
FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN
RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mr. Sperry stated, thirdly in anticipation of the Council's attention to the Resolution
Declaring Election Results, please have the record confirm that the Clerk has
received an executed Appointment of Representative to act on behalf of the property
owner and that appointment document was in fact signed by Mr. Robert Ham as President
of Robert Ham, Inc., A California Corporation, the sole owner of all the affected
property owners, appointing himself to act as that representative. Secondly, he
stated, there is in fact on file with the Clerk the executed Ballot itself, which we
prepared as your special counsel and made available to Mr. Ham which he has executed
and returned to the Clerk, casting 24 votes "yes" and 0 votes "no"; and, finally,
that Council has on file with the Clerk her own Certificate respecting those election
results to that very same effect.
Mrs. Leoncini responded affirmatively, that the documents were on file.
Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution
declaring election results.
RESOLUTION NO. 8841 - RESOLUTION DECLARING ELECTION RESULTS COMMUNITY FACILITIES
DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL,
COUNTY OF MARIN, STATE OF CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mr. Sperry stated he had made note of the amendment and will make the appropriate changes
to Exhibit C.
Mayor Boro commended the Planning and Public Works Directors and City Attorney, as well as
the Loch Lomond Homeowners Association, on working toward the successful conclusion
of this project.
16a.(Former Agenda Item #4)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: (CC) - File 9-4 x 9-2-42 x 9-12
a. CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION, FOR JUNE 8,
1993 TO CONSIDER A BALLOT MEASURE RE: MUNICIPAL SERVICES TAX, AND ORDERING THE
PUBLICATION THEREOF;
b. REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION
CONDUCTED ON THE SAME DATE;
C. REQUESTING ELECTION SERVICES BY THE COUNTY CLERK;
d. REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURE.
City Manager Nicolai briefed the Council, stating that the proposed Resolution calls a
Special Municipal Election to be held on Tuesday, June 8, 1993, for the purpose of
amending the Municipal Code to add a "Municipal Services Tax" chapter, which would
allow the imposition of a Municipal Services Tax on the occupants of improved real
property within the City of San Rafael of $70.00 per year per living unit, and a tax
of 8C per square foot per year with a limit of $4,000 on each non-residential
structure.
Ms. Nicolai referred to the Revenue Options Committee, which was formed a few years ago,
and which at that time had recommended a Utility Services Tax. She noted that the
Committee was subsequently re-formed, and considered all possible options in San
Rafael, but particularly relating to the last several years of the State balancing
their budget by taking money from the cities. She added that because of the
significant cuts by the State, the capital improvements for which there was no money
set aside have not been accomplished. Ms. Nicolai then briefed the Council on the
ballot measure wording.
Mayor Boro pointed out that one of the provisions in this measure is that it is for four
years, and will terminate at that time unless it is extended by a vote of the people.
Richard Dickinson representing the Marin Property Owners Association stated it is not
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appropriate at this time to have this tax. He stated he represents apartment owners,
and that there is a 14% vacancy factor at present, and property values are going
down, and also the rents. He noted that the average water bill is $52 per unit and
garbage pickup is $200 per building per month, which results in high cost with low
revenue and, although a tax may be needed at this time, it is inappropriate. He
pointed out that many renters are unemployed, and where an apartment used to have two
people, there are now four or five. He noted that results in problems with all
services, as well as renovating when they are vacant. He asked that the Council re-
think the tax on apartment buildings.
Ron Ashley, an apartment owner in San Rafael, noted the regressive values of apartment
buildings, and stated that $70 per unit would be too much. He pointed out that he
pays an annual business tax, and the Water District through their tier system of
billing charges considerably more when apartments have more than the intended number
of tenants because of the water usage. He stated he cannot comment on the need of
the City for money, but can only comment on the City getting it in a fair way; what
this tax is doing is not fair.
Vince Kunst, property owner in the Canal area, stated that property values have gone down
and he is not making a profit. He added the Council is kicking property owners when
they are already down.
Robert Butler, realtor, stated he has specialized in brokerage of apartments, and
apartment management for over 20 years, operating in Marin and Sonoma. He added that
the State is mired in a recession, and apartment values in Los Angeles are down 200 -
25%, and rents are down 20%, also. He stated that transactions in Marin and Sonoma
are off 80% and have not picked up the last few years, and there are many fore-
closures on apartment buildings. He stated it is his suggestion that the Property
Tax is not appropriate at this time.
Robert Lindskog, a real estate broker in the County for 40 years and owner of three
apartment houses, stated he feels strongly about the tax; it is very unfair to
property owners and forces them to raise their rents in an area where they are in
competition. He added the apartment house owners are being forced to pay more of the
City's budget than ordinary people, and he asked that the Council reconsider.
Harry Winters stated he was a member of the Revenue Options Committee. He explained they
had discussed the apartment tax situation at some length and arrived at the result
before the Council tonight. He stated there were apartment owners on the panel, and
noted that apartment owners drive over the same potholes as he does. He added that
from a Police point of view, the billing for Police services in the Canal area is far
higher than for the single family areas of the City.
Diana Santi, a resident and apartment house owner, stated she will be hit twice. She
stated there are 399 apartments in San Rafael, and asked was there anyone on the
Revenue Options Committee representing apartment owners? Mayor Boro responded that
they had two members of the Federation of Neighborhoods and also employee groups.
They had one member of the Committee who owns property in the Canal area, but any
exclusion was not done deliberately.
Bob Fuggiera, a resident, stated that the $70 tax per unit is unjust and is really
taxation without representation. He added he understands the budget constraints, but
asked that the Council consider the facts before putting this measure on the ballot.
Gabriella Ricci, who owns units in the Canal area and is a San Rafael resident, stated she
could pass through the $70, but it would be a hardship on her tenants, some of whom
pay their rent in three installments. She stated that before an action like this is
taken the people who are involved should be consulted. She noted there are no
tenants present tonight, because they did not know of this meeting. She asked the
Council to reconsider.
Mayor Boro called for Council discussion.
Councilmember Breiner stated she was not on the Revenue Options Committee, but she knows
they worked long and hard before coming up with these proposals. She explained the
Council is trying to preserve property values, and pointed out that the first page of
the proposed Ordinance will show how much money is being lost. Mrs. Breiner noted
that the City had gone through an analysis of City services and the study showed the
City is too lean. She pointed out that our parks are suffering and the property
values are going down much more than the $70. She noted the City cannot keep up the
services which many residents have come to expect from the City, and this is not
something the Council is taking lightly. She added it works out to $6 per unit.
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Councilmember Cohen stated he did serve on the Revenue Options Committee, and would
respond to some points raised. He stated there was a property owner on the Committee
who very vocally represented this point of view. Also, some single family residents
wanted $90 or $100, and it was the concern for apartment owners which led the
Committee to stay with the $70. He pointed out that the Ordinance excludes taxing
unoccupied units. He noted there was some feeling that this is a regressive tax, and
explained it is a tax on basic municipal services which are used by everyone in the
City. He stated that this City Council should not be attacked, but the local
government financing in California should be changed. He explained that Proposition
13 made it impossible for us to change property taxes, and a local government body
has no authority to impose an income tax. Mr. Cohen pointed out we are faced with a
budget crisis. He understands that property values are flat but he agrees with this
action. He explained that at this point we are talking about the basic quality of
life in San Rafael and we cannot do it without this revenue. He noted that one of
the operations is the Street Crimes Unit which is primarily in the Canal area, and he
would ask that the residents put their energy into helping the Council to find a way
so that we do not have to take this same action four years from now. He invited the
audience to attend the City's budget hearings and give their input. He stated the
vote on this measure will be representative of the residents of San Rafael, and the
Council chose to make this a four-year measure and to put it on the ballot with a
sunset after four years. He pointed out the Council did not have to do it this way.
Councilmember Thayer stated that the last thing anyone on a City Council wants to do is
raise taxes. She stated they have looked at a wide range of taxes, one of which was
the Utilities Tax, which she prefers. Another was the Landscape and Lighting Tax.
She pointed out that in the last year the City has lost approximately $1.7 million in
revenue and, due to the State economy, there will be more cuts. She added that the
State is making it incumbent on the cities to raise taxes. Mrs. Thayer pointed out
that at present we are paying the County $95 for each prisoner booked at the County,
which last year amounted to $225,000. She noted we have lost the cigarette tax and
part of our vehicle license taxes just in the last year. She agreed that this is
regressive, but pointed out we do not have much choice to obtain the revenue
necessary to even maintain the current level of service. She noted the only type of
tax which would be fair would be a graduated income tax, which we do not have the
right to do. Also, businesses located in San Rafael whose personnel do not live here
would be affected. She stated that personally she feels that $6 per month would not
be too much, and for these reasons she supports the measure. She stated she would be
more comfortable with a Public Utilities Tax.
Councilmember Shippey stated we have established a need for more revenue, and having
considered other types of taxes, he feels they have done the best they can. He
stated he believes the democratic process is definitely being followed, and he will
support the tax measure.
Mayor Boro stated we have heard about the $1.7 million in cuts, and he has already been
advised that another $1.3 million will be taken away. He noted that the Sales Tax is
down because of the recession, which is 350 of the budget. He stated that the
Council felt they have an obligation to go to the people they represent. Mayor Boro
stated he does not believe this tax is unfair, noting when you live in an apartment
or a house you will use the parks and the roads and the services. He stated that
when he hears people say they are adding more people to the units than in the past,
that means more calls for services. He added that when he talked to a group the
other day he was told there has been some improvement in the Canal.
Mayor Boro stated another issue was that when the public looks at their tax bill, for
every dollar paid south of the "hill" only 15C goes to the City and north of the
"hill" 13;i�C goes to the City, based on how the taxes are broken up to pay for the
needed public services.
Mayor Boro then noted the Council has tried to be as democratic with this as possible on
how we got to this point, and it was not by excluding but by oversight that this
group was not consulted.
Councilmember Breiner stated she would urge everyone in the audience to read Exhibit A to
educate themselves on how much we have lost. She added that the Council took a long
time to put this on the ballot, and she asked that the audience urge their tenants to
support it, because we will need a lot of work for it to pass. She stated she hoped
the apartment owners can get beyond their anger and decide to support the measure.
Mayor Boro called attention to Page 2 of the staff report, which states that the
Resolution affirms Council policy of not allowing rebuttal arguments. City Clerk
Jeanne Leoncini explained that over the years the various Councils have voted to not
have rebuttal arguments, and each time the subject came up the vote was to reaffirm
that there would be no rebuttals to the arguments. Mayor Boro clarified that there
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SRCC MINUTES (Regular) 3/1/93 Page
would be an argument for and one against, but no rebuttals on either side.
Councilmember Breiner inquired if it would cost more money if we had rebuttals, and Mrs.
Leoncini said it would be a small amount. Mrs. Breiner stated perhaps they should
rethink it, that perhaps this measure warrants it, and she would urge the Council to
allow rebuttals in this particular instance. She noted that we should have an
opportunity to rebut anything which was misleading or untrue.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolu- tion
regarding the Special Municipal Election, including calling and giving notice of
holding the Special Municipal Election, requesting the Board of Supervisors to
consolidate with any other elections on the same date, requesting election services by the
County Clerk, requesting the City Attorney to prepare an Impartial Analysis of the
Measure; and that the Resolution be amended to include rebuttal arguments.
RESOLUTION NO. 8842 - 1) CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION, FOR THE SUBMISSION TO THE QUALIFIED
VOTERS A PROPOSED ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL, AND ORDERING THE PUBLICATION
THEREOF;
2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH
ANY OTHER ELECTION CONDUCTED ON THE SAME DATE;
3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK;
4) REQUESTING CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS
OF SAID MEASURE (Resolution to include rebuttal
arguments)
(Re: Municipal Services Tax)
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17.CITY COUNCIL REPORTS:
a. RE: NOTICE OF PREPARATION OF DRAFT EIR FOR THE MARIN HOV GAP CLOSURE PROJECT -
File 11-16 (VERBAL)
Councilmember Breiner inquired about the Draft EIR for the Marin HOV Gap Closure
project, as to whether it would be scheduled for Council review and comment.
Public Works Director Bernardi stated that the City staff project team will be
bringing it to the Council when it is in a form to do so. Mrs. Breiner stated
her concern was about complaints she has received about the sound echoing off the
walls, and the City should make that point. Mr. Bernardi explained that they
have mentioned it, but so far the discussions have been mostly verbal. One issue
raised was the question that if sound walls are constructed the sound will be
diffused. Also, if they put sound walls on the "flat" it will be a major problem
for the businesses because they should be visible. He noted there was a
disagreement with CalTrans about their request for a 26 foot median strip through
the most congested part of the highway. He added that moving Francisco Boulevard
West 55 feet is now part of the plan.
Councilmember Cohen stated that one very important point is the disposition of
the railroad right-of-way, which caused the most comment when this was before
the Council. Mr. Bernardi replied that the position the County has taken is that
no right-of-way will be given up at this time and it will continue to remain
whole throughout the entire corridor. He stated they will not be acquiring one
bit at a time. He noted there has to be provision for a transportation corridor.
b. ABAG BUDGET ADOPTION - File 111 x 9-1 (VERBAL)
Councilmember Breiner inquired if adoption of the ABAG budget had been scheduled
as yet. Ms. Nicolai responded it has not yet been scheduled, but she will check
on it and report back.
C. PLANS FOR SAN QUENTIN EXPANSION - File 10-2 (VERBAL)
Councilmember Thayer stated she would like the expansion plan for San Quentin
Prison on a future agenda. She noted that many cities are in opposition to the
plans, and asked if the City has reviewed their EIR (Environmental Impact
Report).
d. RE: COUNTY BOARD OF SUPERVISORS GOING OUT TO BID FOR A HAZARD RECYCLING SERVICE
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FOR PAINTS AND TOXICS - File 13-2 x 4-3-32 x 115 (VERBAL)
Mayor Boro stated he understands the Board of Supervisors is going out to bid for
a Hazardous Materials site for materials such as paints. Ms. Nicolai responded
that they are going out with an RFP (Request for Proposals) for a Household
Hazardous Waste Disposal Site. She added that the City Managers' group response
was that they did not feel it was a good time to send the RFP out, because it
would conflict with the JPA (Joint Powers Agreement), if there is going to be
one.
Councilmember Thayer stated that part of this plan was that you have to get a
head start because by the time the JPA is formed there is a short period of time
in which we have to meet our goals.
Mayor Boro stated we will probably have the JPA at the next Council meeting,
March 15, 1993. In the meantime, he asked Ms. Nicolai to find out all she could
about the RFP. He stated we should support this disposal plan only if it does
not conflict.
Councilmember Shippey stated he sees no reason for the City of San Rafael to
support the JPA. He added that the JPA Ordinance seems to be taking a long time
to come back, and a lot of these things could be addressed in it.
There being no further business, the meeting was adjourned at 10:15 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 1993
MAYOR OF THE CITY OF SAN RAFAEL
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