HomeMy WebLinkAboutCC Minutes 1988-03-21SRCC MINUTES (Regular 3/21/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 21, 1988
AT 7:00 PM.
Regular Meeting
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR RELATIONS - File 1.4.1.a
1. No. 88-7(a) - (#1) Gary J. Cordes vs. City of San Rafael.
No. 88-7(b) - (#1) Patricia Hasler vs. City.of San Rafael.
No. 88-7(c) - (#2). No. 88-7(d) - (#7).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 21, 1988
AT 8:00 PM.
Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor
Albert J. Boro, Councilmember
Gary R. Frugoli, 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
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM
None.
CONSENT CALENDAR
Councilmember Thayer moved and Councilmember Boro seconded, to approve
the recommended action on the following Consent Calendar items:
Ttam
2. Approval of Minutes of Regular
Meeting of February 16, 1988 (CC)
3. Resolution Abandoning Proceedings
San Rafael Canal Dredging Assess-
ment District No. 2 (PW) - File
6-45
4. Resolution Authorizing the
Purchase of Federal Aid Urban
(FAU) Funds from the County of
Marin (PW) - File 11-15.1 x
4-10-66
6. Authorization to Call for Bids -
Handicapped Ramp Installation
(Curb Cuts) (PW) - File 13-1-1 x
9-3-40
7. Authorization to Execute
Agreement with CALTRANS for
Lincoln Avenue Extension (PW) -
File 4-8-22
Recommended Action
Approve as submitted.
- RESOLUTION NO. 7695 - ABANDONING
PROCEEDINGS - SAN RAFAEL CANAL
DREDGING ASSESSMENT DISTRICT
NO. 2
RESOLUTION NO. 7696 - AUTHORIZING
THE PURCHASE OF FEDERAL AID URBAN
(FAU) FUNDS FROM THE COUNTY OF
MARIN (at discounted price of
$113,076 for $133,031 of FAU funds,
saving almost $20,000; funds to
be used for several signal projects).
Approved staff recommendation;
Community Development Block Grant
funds available in amount of
$18,000. If funds insufficient,
City obligated to cover additional
cost. Gas Tax funds available
under Miscellaneous Right -of -Way
project, if required.
RESOLUTION NO. 7697 - AUTHORIZING
EXECUTION OF AN AGREEMENT WITH
STATE OF CALIFORNIA FOR CONSTRUCTION
OF THE LINCOLN AVENUE EXTENSION
PROJECT (to Los Ranchitos Road).
SRCC MINUTES (Regular) 3/21/88 Page 1
SRCC MINUTES (Regular 3/21/88 Page 2
8. Resolution Approving 1987/88 RESOLUTION NO. 7698 - APPROVING
Latch Key Supplemental Funds THE 1987/88 "LATCHKEY" FUNDS
Contract for $1,000 with State CONTRACT WITH THE STATE DEPARTMENT
Department of Education for OF EDUCATION ($1,000)
Child Care Scholarships (Rec) -
File 4-10-215 x 9-3-65
9. Resolution Authorizing Execution RESOLUTION NO. 7699 - AUTHORIZING
of State Coastal Conservancy EXECUTION OF AGREEMENT WITH STATE
Grant Agreement for Shoreline COASTAL CONSERVANCY FOR PUBLIC
Park City Pond Development in ACCESS FOR SHORELINE PARK -CITY
Amount of $65,395 (Rec) - File POND FOR $65,395.00
4-10-219 x 9-3-65
10. Call for Applications to Serve
on Personnel Board of Review
as Second Alternate (CC) -
File 9-2-12
Approved staff recommendation:
a) Call for applications for Second
Alternate to serve on Personnel
Board of Review (4 -year term),
deadline for receipt of applications,
Tuesday, April 12, 1988 at 12:Noon,
City Clerk's Office.
b) Set Special Council Meeting
for Monday, April 18, 1988, at
6:30 PM to interview applicants;
applicant appointed to serve until
end of April, 1992.
11. Agreement for Deposit of Deferred RESOLUTION NO. 7700 - APPROVING
Compensation Monies (Fin) - AGREEMENT WITH GREAT WESTERN
File 7-4-5 BANK (for Administrator of Deferred
Compensation Funds)
12. Report on Bid Opening and Award RESOLUTION NO. 7701 - AUTHORIZING
of Bid for Fire Engine (FD) - THE PURCHASE OF A FIRE ENGINE
File 4-2-224 x 9-3-31 UTILIZING EQUIPMENT REPLACEMENT
FUNDS (from Seagrave Fire Apparatus,
Inc., low bidder, for $150,673).
13. Report on Actuarial Evaluation
of Retirement Plan (Fin) -
File 7-1-26
Approved staff recommendation;
implementation of new retirement
rates effective April 1, 1988;
Safety Employees - 22.49 percent
Misc. Employees - 10.95 percent.
14. Resolution Approving Mortgage RESOLUTION NO. 7702 - AUTHORIZING
Credit Certificate (MCC) Program THE SIGNING OF AN AGREEMENT WITH
and Authorizing Execution of THE COUNTY OF MARIN FOR THE PURPOSE
Cooperation Agreement (CM) - OF ISSUING MORTGAGE CREDIT
File 4-10-218 CERTIFICATES WITH RESPECT TO PROPERTY
WITHIN THE CITY OF SAN RAFAEL.
15. Resolution of Appreciation for
Terra Linda Trojans Varsity
Basketball Team, Northern
California Division IV Champions
(CM) - File 102
16. Claims for Damages:
a. Linda F. Thomas (PD) -
Claim No. 3-1-1296
b. Robert V. Turner (PD) -
Claim No. 3-1-1297
c. Solomon Isaac Ets-Hokin (PD) -
Claim No. 3-1-1310
d. Rodolfo Escobar Jr. (PD) -
Claim No. 3-1-1323
RESOLUTION NO. 7703 - RESOLUTION
OF APPRECIATION FOR TERRA LINDA
HIGH SCHOOL BOYS VARSITY BASKETBALL
TEAM (Northern California Division
IV Champions)
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims a., b. &
C.
Approved City Attorney's
recommendation for denial of claim
d.
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED: COUNCILMEMBERS: Frugoli (from Item 2 only due to absence
from regular Council meeting of February 16, 1988)
SRCC MINUTES (Regular) 3/21/88 Page 2
SRCC MINUTES (Regulaz 3/21/88 Page 3
5. RESOLUTION ABANDONING PROCEEDINGS - EAST FOURTH STREET PARKING
ASSESSMENT DISTRICT (PW) - File 6-41
a. RETURN OF FUNDS TO PROPERTY OWNERS
Councilmember Frugoli agreed that the property owners should have
first rights to the return of monies should the East Fourth Street
Parking Assessment District be abandoned; also, should there be a
difference in the assessed value (a lower amount),the property owners
are to receive a percentage of their payment back.
Assistant Executive Director Ours stated the property is to be appraised
within two weeks, adding in conversation with Attorney David Hellman,
it was agreed that the City not give any payback until the value is
known.
RESOLUTION NO. 7704 - RESOLUTION ABANDONING PROCEEDINGS FOR THE EAST
FOURTH STREET PARKING ASSESSMENT DISTRICT (and
authorizing return of funds advanced by various
property owners within the proposed District
in accordance with the original contributions
from property owners).
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
17. PRESENTATION OF RESOLUTION OF APPRECIATION TO TERRA LINDA TROJANS
VARSITY BASKETBALL TEAM, NORTHERN CALIFORNIA DIVISION IV
CHAMPIONS - File 102
Vice -Mayor Breiner presented a Resolution of Appreciation to the two
Captains of the Terra Linda High School Trojans Varsity Basketball
team, for capturing the Northern California Division IV Championship.
18. PUBLIC HEARING - ED876-113, ED86-114, ED86-115 - APPEAL OF PLANNING
COMMISSION DENIAL WITHOUT PREJUDICE FOR DESIGN REVIEW PERMITS FOR
PHASE II OF BAYVIEW BUSINESS PARK; KERNER BOULEVARD & PELICAN WAY;
BAYVIEW ASSOCIATES, OWNERS; VZM ASSOCIATES, REP.; L.C. TOLOMEI, REID
CORPORATION, APPELLANTS; AP 9-290-65, 69 & 85 (P1) - File 10-7 x 5-1-306
Vice -Mayor Breiner declared the public hearing open and continued
it to the next Council meeting of April 4, 1988, as requested by the
Appellant, without discussion.
19. PUBLIC HEARING - NATURAL ENVIRONMENT SECTION OF THE DRAFT SAN RAFAEL
GENERAL PLAN 2000 (Pl) - File 115
Vice -Mayor Breiner declared the public hearing opened.
Senior Planner Freitas stated the Natural Environment Section included
a Policy Section on pages 61 thru 66 of the Draft General Plan and
Background Section was on pages 289 to 310. She indicated that the
Policy Section covered Open Space, Preservation and Management; Protec-
tion of Sensitive Environmental Resources; Maintenance of Water Quality;
Protection of Creeks and Drainage Ways through Setbacks and Protection
of Archeological Resources.
Ms. Freitas stated compared to other portions of the Plan, there has
been favorable consensus regarding the Natural Environment policies
with no major issues remaining at the end of the Planning Commission's
one year review of that section. Substantive changes to the Natural
Environment Section made by the Planning Commission are identified
in the staff report which include; better definition of creeks and
drainageways; better definition of what is acceptable water quality;
buffer area policy was added; The Open Space Management Committee
membership as part of the program to implement some of the policies
was expanded to include a Wetlands specialist,and the Water Quality
Monitoring and Wetlands Mitigation Programs were added to help implement
some of the policies that are identified in the Policy Section.
SRCC MINUTES (Regular) 3/21/88 Page 3
SRCC MINUTES (Regular) 3/21/88 Page 4
One additional comment came up as part of the EIR review held March
17, 1988, regarding the need to better identify Wetland areas and
U.S. Army Corps of Engineers' jurisdiction areas. The Major Biotic
Communities Map GP16 identifies Wetland areas from the U.S. Fish and
Wildlife Service National Wetlands Inventory. Ms. Freitas stated that
this map has been reviewed preliminarily for accuracy by local environmental
groups, however, it includes other biotic information and it does
not identify U.S. Army Corps of Engineers' jurisdiction areas, adding
that the Corps does not have a map showing these jurisdiction areas,
but the City will be discussing with them whether a map may be able
to be prepared for Planning purposes to determine Wetlands with perhaps
70-80 percent accuracy, but it might give a better idea of the extent
of areas that may have Wetlands determination.
For clarification on the guidelines of the public hearing, Planning
Director Moore stated that if there is time to take all testimony
regarding this section of the Plan tonight, the public hearing may
be closed and could again be reopened at the Council's direction.
She indicated that the main intent is to take public testimony on
the Natural Environment Section and that staff learn of items of additional
information that Councilmembers want to have included in the Background
Information prior to taking preliminary or final decision making actions
on this section of the Plan.
For clarification on Councilmember Thayer's question on Council making
final decisions tonight on this section of the Plan, Ms. Moore stated
that tonight's meeting is not set for decision making, and explained
this cannot be done until deliberations are concluded on the EIR which
has not happened as yet. Ms. Moore stated that Council could identify
additional programs to staff and whether staff is to develop language
for Council's consideration at a future meeting.
Vice -Mayor Breiner called for anyone wishing to speak on the Natural
Environment Section of the Draft General Plan 2000.
Mr. John Holtzclaw, representing Sierra Club
Mr. Holtzclaw asked Council to take the minimal growth, maximum environ-
mental protection alternative from the Environmental Impact Report
Alternative I and modify it as he had asked in the Draft EIR meeting
held on March 17, 1988, and that they adopt it for the General Plan
2000, noting he would like to see much stronger protection of Wetlands,
Diked Wetlands, Seasonal Wetlands and Agricultural lands. He stated
scientists have reported that we have already lost over 90 percent
of the Wetlands in the Bay area, and on these Wetlands there are numerous
species, some of which are endangered or threatened and urged Council
to protect Wetlands and Agricultural lands, and to limit projects.
Mr. Michael Shippey, of 579 Thornwood Drive, San Rafael
Mr. Shippy decided to submit his comments to staff rather than give
them orally. He did, however, urge Council to modify the present Plan
to include the Maximum Environmental Protection Alternative.
Mr. Douglas Colbert, Board of Directors with the Las Gallinas Sanitary
District
Mr. Colbert referred to his letter of September 11, 1987 on the odor
buffer zone and mentioned a comment was made by Councilmember Frugoli
that the District buy land for use as a buffer zone. He stated they
had looked into possibly purchasing land near the plant, but said
that the landowner is not interested in selling the land at this time.
He also indicated that it is important to the City of San Rafael and
future residents that some type of buffer zone be made around the
plant.
SRCC MINUTES (Regular) 3/21/88 Page 4
SRCC MINUTES (Regular 3/21/88 Page 5
He indicated that Mayor Mulryan had asked that the District insist
upon having an odor zone, stating since this plant is for the citizens
of San Rafael, the important thing to realize is that the odor zone
is not for the Las Gallinas Sanitary District, but for the citizens
of San Rafael. Mr. Colbert preferred to look at it as both the City
and the District sharing in getting the buffer zone.
Councilmember Boro commented if the District under the law is obligated
to provide a buffer zone, then it is within their power to condemn
the land for that purpose. He stated it is a shared responsibility
and all aspects should be looked at not only on how it is addressed
from a planning point of view, but also as the District's responsiblity.
He asked staff to review this area and inform Council as to what options
there are, concluding that all agencies should work in concert.
Mr. Colbert asked that the City place some type of easement or zoning
on the property around the plant into the Plan in order
to make help make the buffer zone possible. Planning Director
Moore stated this will come up again on the Land Use Designations
for the Property in the Community Development Section. She pointed
out that this same situation was faced when the Central Marin Sanitation
Agency was formed whereby they purchased an "odor easement", the property
on San Quentin Ridge,by buying all the development rights close to
the plant. She stated if the City or if acting at the behest of the
District, were to simply identify it as a buffer area,allowing no econo-
mical use of the land, this would need to be looked at as to what would
be the most reasonable use of the land being authorized by the Plan.
Councilmember Frugoli asked staff to bring back information from CEQA
Guidelines relating to the buffer zone for odor.
Ms. Shirley Fischer, resident at 19 Cermenho, Terra Linda
Ms. Fischer asked if the April 20th hearing on Community Development
could be split into several hearings because of the extensiveness
of the subject.
Planning Director Moore indicated that an item on the April 4, 1988
agenda will describe proposed dates and indicating topics for the
Community Development section of the Plan, because staff does not
expect this portion to be covered by one public hearing.
Ms. Fischer stated that in general, the goals and policies in the
Natural Environment Element are excellent, stating they reflect the
concerns of the citizens of San Rafael that listed Natural Environment
as the top resource of San Rafael. She was concerned primarily about
the implementation of the goals and policies,stating that other elements
of the Plan conflict with policies and goals.
Ms. Fischer indicated that Wetlands are the marshy arew where land
meets sea, stating there are various types of Wetlands, Salt Wetlands,
Salt Marshes which are open to tidal action of the bay or ocean, Brack-
ish and Fresh Water Wetlands.
The Salt Marshes provide food for most of the wildlife in the Bay,
such as fish, noting that all of those species raise their young there
and provide food for most of the wildlife in the Bay. They are also
critical for the water fowl migration of most of the Western United
States, indicating if an area is filled in or removed from habitat,
the birds will die.
The Wetlands perform critical functions for the Bay in terms of holding
pools for runoff, sediment and pollution traps, settling materials
until it can be absorbed by the Bay. They also serve for human beings,
as a buffer area for flooding and wave actions in the Bay during the
Winter storm season, and the wildlife and plants that live there.
She mentioned that there are 9 wildlife endangerd species in the San
Rafael General Plan and that 8 exist in Wetland areas. Ms. Fischer
also mentioned that the San Francisco Bay is in serious trouble because
of toxins and concentration of runoff from the agricultural lands
in the valley and oil industries around the Bay. She stated there
are three areas essential for mari-nelifesurvival in the Bay; 1) Enough
inflow of fresh water; 2) Decrease of toxic pollutants and 3) Preserva-
tion of the detoxifying agents around the Bay, which are the Wetlands.
SRCC MINUTES (Regular) 3/21/88 Page 5
SRCC MINUTES (Regula 3/21/88 Page 6
She stated there is unequal regulation in protection of the Wetlands
around the Bay; the Agencies being, the U.S. Corps of Engineers, the
Fish and Wildlife, the Water Quality Board and the Bay Conservation
and Development Commission which have various regulations in protecting
areas of Wetlands; however, they almost exclusively apply to Tidal
Wetlands which are still open to wave action from the Bay.
Out of 680 square miles of Bay surface, 280 have been diked off over
the last 150 years, and out of this only 80 square miles remain that
have not been filled or dredged or otherwise destroyed. Of the 80
square miles, 42 percent are in Sonoma County, 16 percent in Marin
County and one-third of those 80 acres are scheduled for development
within the next 10 to 15 years around the Bay. She indicated it is
up to us to protect these lands. She stated that these Diked lands
have no State or Federal regulations or plans to protect them and
that protection is up to the local municipalities and districts.
Ms. Fischer indicated it is most significant from the point of the
rising sea level that it is predicted that within 50 years there will
be no Tidal lands, that they will be under the Bay and that the only
existing Tidal Wetlands will be Diked lands.
Ms. Fischer recommended that the City Council educate and familiarize
themselves as to what it takes to protect this environment and what
is required for a management plan to safeguard the Wetlands in the
San Rafael planning area. She mentioned that another resource comes
from the Bay Institute in Sausalito with a computerized data base
on all of the Shoreline and Wetland parcels along the coast of Marin
County. She also suggested that San Rafael consider adoption of a
Wetlands Ordinance similar to the one in Corte Madera; that standards
be defined as to what is an adequate buffer for wildlife and that
a policy be adopted of no net loss of Wetlands.
Mr. Ralph Crocker, 13 Hyannis Cove, San Rafael
Mr. Crocker, member of Friends of Spinnaker Point, stated that it
is possible that most of the East San Rafael Bay Front and Wetlands
will be impacted by future development unless stronger and more specific
safeguards are built into the General Plan based on the Draft EIR.
He referred to ESR26-Spinnaker, "Provide Pedestrian Access to Shoreline
Band", "Buffer Project From Wetlands"; ESR27-Canalways, "Create Automobile
Accessible, Etc. Vista Points", "Buffer Project From Wetland Areas";
ESR32-Grange Parcel, "Encourage Transfer of Development Potential
etc. to facilitate shoreline band, completion and appropriate development
along the shoreline". He stated in his view, language such as "buffer
project from Wetlands" is vague and unsatisfactory. "Create Automobile
Accessible Viewpoints" is absolutely wrong and unacceptable. "Appropriate
Development along the Shoreline" is also inappropriate. Minimally,
language that should appear here is that which appears on page 54
of the Draft EIR, "Access to Marsh areas should be restricted to perimeter
areas. Permitted activity should be low intensity, such as hiking
and bird watching", and asked that this be expanded to include Wetlands.
Additionally, language should be added that spells out the types of
buffering to be utilized and the minimum setbacks from sensitive habitat
and Bayfront areas as recommended by environmental agencies and other
groups.
Mr. Harry Winters, 201 Spring Grove, San Rafael
Mr. Winters referred to Open Space, noting the City has shifted policies
because of economic pressures, etc., stating that in policy NE2 on
page 63, it expresses a preference for retaining open space in private
ownership for placement of such lands in open space access easements.
He stated this would preserve open space without the City actually
owning the open space. On page 66, the implementing program, NE -A,
Mr. Winters stated the entire section speaks only to City -owned open
space with no implementation that speaks to the preferred method of
preserving open space in private ownership. He suggested an additional
implementation program be added; NE -E, speaks to, "Insuring the preser-
vation of the character of open space retained in private ownership
by deed limitations or other means when acquiring that open space".
Mr. Winters was concerned about someone retaining ownership of open
space, and that there should be some implementing limitation to keep
the private owner from changing the character of the open space.
SRCC MINUTES (Regular) 3/21/88 Page 6
SRCC MINUTES (Regular 3/21/88 Page 7
Mr. Gil Deane, speaking on behalf of the Sierra Club
Mr. Deane agreed with comments made by Ms. Fischer, expressing concern
that the obvious correlation of the tone established in the Natural
Environment Section be carried over into the other elements, and that
the "mood" of this element be the controlling portion of the document
in view of the overwhelming expression and sentiment of the people
of San Rafael to preserve the natural environment as its number one
asset, and again mentioned the over 1,100 public responses sent to
the Council in favor of the maximum environmental protection alternative.
Ms. Barbara Salzman, representing the Marin Audubon Society
Ms. Salzman spoke on two concerns, one, NE -3 speaks to the Density
or Intensity of development, stating this should be transferred from
the Conservation to other portions of the site. She asked Council
to reconsider this concern in allowing development potential on Tidal
Wetlands, Streams and Creeks, Navigable Waterways and other kinds
of sites, such as what happened at Larkspur Landing.
The second concern is Under NE -17, 2nd paragraph, Setbacks and Creeks
speaks to "Reserve areas for probable future flood control projects".
Ms. Salzman sees it as conserving a buffer to allow enough space so
that the water would be able to flow out naturally in a high rainfall
year so we do not have to do a flood control project.
Ms. Salzman suggested taking out the "probable", "future" and "projects"
and just say, "Reserve areas for flood control".
Mrs. Jean Starkweather, representing Marin Conservation League
Mrs. Starkweather stated they support the Goals and Policies section
but have concern on Open Space NE -2, quoting last part of paragraph,
"Preference should be for retaining open space in private ownership
or placement of such lands in open space access easements". They are
concerned that there would be no controls over land that is supposedly
reserved for open space, and they suggest a change in wording to:
"Preference should be for retaining open space in private ownership,
placing such lands in open space access easements", thereby removing
development potential from that land and reducing tax problems on
it as well.
Mrs. Starkweather referred to the Natural Environment Background Section,
page 292, under Wetlands, next to the last paragraph, 4th line, stating
one area was left out, requesting addition of: "ponds, and" between
"30 Acre McNear's Quarry" and "fresh brackish marsh". She referred
to a map that did not include some ponds, mentioning they should be
included because they are year around ponds.
Page 294, under Threatening and Endangered Species, it mentions the
Salt Marsh Harvest Mouse and Point Reyes Birds Beak, noting this is
a plant; Mrs. Starkweather indicated that it should read instead,
"California Clapper Rail" which is the other endangered species. The
plant should be listed under the "Threatened" list and not the "Endangered"
list. Page 295, correction under Birds, California Clapper Rail,
which reads ... sited at mouth of San Rafael Creek and Gallinas Creek,
should read—sited at San Rafael Creek and marshes of Gallinas Creek
and San Pablo Bay. That would involve a map change, too. The California
Black Rail, just an enlargement of its area, is sited at south fork
of Las Gallinas Creek and at mouth of San Rafael Creek. Same page
under Salt Marsh Harvest Mouse ... it sites Las Gallinas Creek, Tiscornia
Marsh... it should also note Civic Center North Project Site in the
Northgate Activity area.
Mrs. Starkweather, speaking for herself, pointed out in the Scenic
Landmark section, Page 298, it mentions the major ridges, San Pedro
Peninsula, Puerto Suello Hill, San Rafael Hill. She asked that Terra
Linda Sleepy Hollow Divide be added. She also mentioned she would
provide staff with four map changes.
SRCC MINUTES (Regular) 3/21/88 Page 7
SRCC MINUTES (Regular, 3/21/88 Page 8
Mrs. Starkweather referred to Wetlands, stating they do have some
problems with specific Wetlands implementation in the East San Rafael
and North San Rafael, indicating they would bring this to the attention
of staff at a later time.
Mr. Dan Simonson, 9 Wolfe Avenue, San Rafael
Mr. Simonson agreed with the Natural Environment Goals and Policies
but questioned the strategy of preservation. He referred to minimizing
the City's costs and liability that puts the responsibility onto the
citizens or private owners to preserve open space. He pointed out
there is an error here in that when the Council gets to other
policies, staff has recommended that the City use a study done in 1976
to look at sites as they relate to whether they should be preserved
as community -wide scenic sites or whether they are local scenic sites.
He felt the 1976 study to be inadequate and should be updated.
Mr. David Coldoff, representing Mr. James Bledsoe, owner of Canalways
Mr. Coldoff pointed out five or six specific instances where the policies
call for protection and enhancement of environmental features
including Wetlands and Endangered Species. He stated that some of
the speakers claimed this is not enough, and that development on Wet-
lands should be eliminated completely. He stated there are a number
of problems associated with this, one,as pointed out by staff that
many of these sites are subject to flooding, erosion and waste disposal,
none of which is controlled. He indicated the City does not have
the resources to purchase these sites to provide the necessary protec-
tion, noting the only way they can be protected is to allow enough develop-
ment to be associated with them in some way,such as,trading for that
development, a strong maintenance section plan which will enhance
these sites and continue to preserve them rather than allowing them
to degrade by the forces of nature.
Mr. Coldoff concluded by stating a number of speakers urged Council
to adopt within the Natural Environment section, what is known as
a "Wetlands Policy", and that in the Natural Environment section speci-
fic language be included on a value for value replacement. He indicated
this could best be handled on the "project specific level". To include
at this time, regulations in the Plan which require highly scientific
analysis on a specific project basis would,in fact, presume to control
specific project design with a General Plan which is not the intent
of this document. He urged Council to adopt the policies as currently
written and felt they present a balance between private property rights
and the protection of the environment and will insure on the projects
themselves, they will,in fact,achieve enhancement and preservation
of all of the sensitive portions of the Wetlands and Endangered Species
sites, and that it include the funds for the continued maintenance
of these areas.
There being no further comments, Vice -Mayor Breiner closed the public
hearing.
In response to a question by Councilmember Thayer regarding the legality
of the Knowland and Church decision with the issue of retaining open
space in private ownership, City Attorney Ragghianti responded he
envisioned there would be circumstances even after the "Knowland"
decision that would permit public entities to have open space easements
in connection with conditioning development projects. He indicated
he would prefer to be able to review the requested easement and the
project involved before he made a statement.
Councilmember Thayer stated she did not think the public can underesti-
mate the value of the Wetlands indicating that not only are they the
habitat of numerous endangered species and other types of species
which are vital to the environment, but also serve a valuable purpose
to the citizens in ridding the Bay of pollutents, maintaining the
fisheries and preventing flooding. She stated when these Wetlands
are covered, there is created an impervious surface and these areas
of the City are subject to flooding, and feared that if the properties
of St. Vincent's and Silveira were made impervious, they would be
subject to flooding. She indicated reasonable restrictions could
be placed upon the development of Wetlands for safety purposes dealing
with flooding, protecting Bay waters and water courses.
SRCC MINUTES (Regular) 3/21/88 Page 8
SRCC MINUTES (Regular) 3/21/88 Page 9
Councilmember Thayer proposed an implementation program and asked
that the City look at the Wetlands Ordinance adopted by the Town of
Corte Madera; and that development be restricted on or near Wetlands
if development creates a risk of flooding, significant ecological
damage or pollution in any water body which cannot be substantially
or totally mitigated. She also indicated that reasonable restrictions
within the bounds of the law could be placed upon building on Wetlands
in this area provided that they are tied into health and safety.
Councilmember Frugoli referred to comments made by Ms. Fischer regarding
the percentage of lost Wetlands, stating information indicated that
35 percent of lands in Marin County are under Class A and are being
protected, which is over 5,000 acres, with the closest County having
only 1,000 acres of protected lands. Therefore, the City is protecting
their position and there should be some correlation between what the
City does to provide revenue and what is done for Wetlands, adding
that mitigation is the way to handle it, and to look at the possibility
of using 10-20 percent of Seasonal Wetlands for development, while
still preserving Wetlands, Open Space, Hilltops, Creeksides and the
Canal.
Councilmember Boro pointed out a "typo" on page 66 .... NE -A on Page
280, should be ... Page 303. He also referred to a correction on Page
301, indicating that Barbier Park was not a gift completely but a
combination of a reduction in price and cash paid by the City, and
asked that this be clarified.
Councilmember Boro pointed to issues on Diked Wetlands brought up
by Ms. Fischer, assuming that this is opposed to other types of Wetlands
that are described in the Plan, such as Mudflats and Tidal Salt Marshes,
etc. He stated what is important is that part of the General Plan
process is to identify potential uses on all unused lands in the City;
that certain lands are designated as Wetlands, and other areas that
potentially may be Wetlands which he believes is what the Sierra Club
is talking about in their Maximum Environmental Protection. The real
issue is where the line is crossed on "taking" versus "preservation".
Mr. Boro indicated staff will need to provide what some of the Council's
opportunities may be; also the issue of where does the City cross
the line on "taking" versus "preservation" and in light of having
to designate potential use, show potential uses and how we are to
balance all of this.
Vice -Mayor Breiner thanked everyone for their comments.
20. REPORT ON SHEEP GRAZING PROGRAM (PW) - File 4-10-212
Public Works Director Bernardi indicated staff was directed at the
last Council meeting to investigate with rancher, John Bidauretta,
who would be grazing the sheep in the open space, to see if he could
reduce his flock from 1,000 to 500, which was also recommended by
Mr. Don Britzen, the Farmer Advisor for the County of Marin. Mr.
Bidauretta indicated in order for the grazing to be financially
feasible he would need to graze 700 sheep.
Mr. Bernardi noted their department received petitions signed by (over
700) residents in the Terra Linda Valley stating their support for
the sheep grazing program.
Councilmember Frugoli thanked Mr. Quin -Harkin for his efforts in cir-
culating the petitions and agreed with the staff recommendation, includ-
ing the sheep land management program.
Councilmember Thayer was concerned with having 700 sheep grazing the
ridgelines, mentioning safety factors of fire hazards and flooding,
which can both be caused by erosion and felt that the people who signed
the petitions should be aware of that.
Vice -Mayor Breiner asked if it is possible to keep the sheep totally
off the ridgeline and Mr. Bernardi indicated their presence on the
SRCC MINUTES (Regular) 3/21/88 Page 9
SRCC MINUTES (Regular) 3/21/88 Page 10
ridgeline can be minimized but they cannot be kept totally off the
ridgeline. He stated if the sheep start on April 1, they will be on
the San Dominico side first and will work their way around the perimeters
of properties, and depending how quickly they move they can come back
and pass once again. The last area would be the ridges, and depending
on where they are corralled, they may have to go over the ridge to
get back into another area.
Mr. Bernardi also indicated that because of the dry weather, the grass
will dry out sooner and lose its nutrients; therefore, Mr. Bernardi
estimated the sheep would be gone around mid-June, and the total time
the sheep would be grazing would be 6-8 weeks.
Councilmember Boro commented he is more concerned about the control
of the sheep, and if within a month the lands are grazed the sheep
should be removed earlier than in mid-June. Also, he requested an
Open Space Land Management Plan prior to this discussion arising
next year.
Mr. John Quin -Harkin, who instigated the petitions, read his letter
which Councilmembers received earlier on the necessity of having the
sheep grazing program continue.
Mrs. Connie Berteau, resident of Sleepy Hollow spoke against having
the sheep grazing on ridges.
Mr. Cliff Elbing, San Rafael Fire Commissioner, spoke in favor of
sheep grazing.
Mr. John Schelenberger, resident on Las Gallinas Avenue, San Rafael,
spoke in favor of sheep grazing.
Mr. Bill Palmer, resident on Ridge Road, San Rafael, spoke in favor
of sheep grazing.
After discussion, Councilmember Frugoli moved and Councilmember Boro
seconded, to adopt Resolution extending and amending the Agreement
with Bidauretta and Urrutia for the grazing of sheep in Terra Linda
Open Space Lands, and that the Resolution be amended to include an
eighth condition.
RESOLUTION NO. 7705 - EXTENDING AND AMENDING THE AGREEMENT WITH BIDAURETTA
AND URRUTIA FOR THE GRAZING OF SHEEP IN TERRA
LINDA OPEN SPACE LANDS (including the 8th condi-
tion as follows: In the Event the City determines
there is insufficient feed available, the lands
must be vacated in order to prevent damage to
the open space lands. This may occur prior to
the mid-June move out).
21. REPORT ON STREET SWEEPING IN THE CANAL AREA (PW) - File 11-6.lx 9-3-40
Public Works Director Bernardi indicated staff and Councilmember Boro
met with representatives of the Canal area on March 15, 1988. During
the discussion, the following points were raised:
1. Mechanical sweeping is not the entire answer;
2. It will take a concerted educational approach to instill community
pride;
3. Properties need to be cleaned up as well as the public right of
way;
4. A parking prohibition/mechanical sweeping program may create undue
hardship for the community; and,
5. Private properties and certain locations on public property could
use additional trash containers.
Alternatives to be investigated by staff and the community representa-
tives are as follows:
1. Determine whether Marin Sanitary Service would place one or two
large debris boxes at certain locations in the area on a monthly
basis, at no cost to the City or community.
SRCC (Regular) 33/21/88 Page 10
SRCC MINUTES (Regular) 3/21/88 Page 11
2. Because of the large number of parked vehicles day and night, it
might be more feasible to hand sweep the entire area once a month
in lieu of mechanical sweeping. The labor force could be provided
by City paid youth workers,Marin Conservation Corps personnel,
or San Quentin inmates. There is a cost associated with the current
sweeping program. That cost could be redirected to a hand sweeping
program if mechanical sweeping was eliminated.
3. Staff would investigate possible locations of receptacles in the
public right-of-way and the community representatives would explore
the feasibility of having additional trash receptacle on private
properties.
Mr. Bernardi stated the group agreed to reconvene on Friday, April
22, 1988, at which time they would be answering some of the questions
raised in the staff report.
Councilmember Boro clarified the statement of the cost being redirected
to a hand sweeping program if the mechanical sweeping was eliminated,
stating that the exception would be in the commercial area.
Councilmember Frugoli referred to Marin Sanitary Service placing one
or two large debris boxes at certain locations in the area on a monthly
basis, at no cost to the City or community, stating that staff should
be concerned about this because the City controls the increases for
Marin Sanitary Service which would affect this consideration.
Councilmember Boro responded that at an earlier meeting when the rates
were ratified with Marin Sanitary Service, some discussion was held
about potential periodic pickups in the neighborhood and this is what
they seek to pursue.
City Manager Nicolai indicated that pickup was for only a one time
extra pickup at the curb, stating that each person would put an extra
amount out and that this would be a "noticed" event in May. She stated
that alternatives have been discussed but none so far have been "free".
Councilmember Boro recalled a number of years ago receiving a notice
with the rate increase, that homeowners are entitled to one free can
on the first day of each month, and thought perhaps in the Canal area
they could collectively do something with that accrued pickup.
Staff report was accepted, without motion.
22. IMPARTIAL ANALYSES OF BALLOT MEASURES - SPECIAL MUNICIPAL ELECTION,
JUNE 7, 1988: (CA/CC) - File 9-4 x 9-3-16
a. PARAMEDIC SPECIAL SERVICE TAX ON NON-RESIDENTIAL STRUCTURES, MEASURE
B.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
approve the Impartial Analysis of the ballot measure - Measure B Paramed-
ic Special Service Tax on Non -Residential Structures, to be placed
in the June 7, 1988 Sample Ballot.
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
b. APPOINTED CITY ATTORNEY, MEASURE C.
Councimember Boro moved and Councilmember Thayer seconded, to approve
the Impartial Analysis - Measure C - City Attorney to be Appointive
Rather than Elective, to be placed in the June 7, 1988 Sample Ballot.
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Mayor Mulryan
23. REPORT ON TRANSPORTATION EXPENDITURE PLAN COMMITTEE RE COMPOSITION
OF TRANSPORTATION AUTHORITY - File 170 x 9-1
Vice -Mayor Breiner stated the recommendation made by the Transportaton
Expenditure Plan for a 7 -member board was ratified, and urged Council
to pass the Resolution approving a 7 -member board.
SRCC MINUTES (Regular) 3/21/88 Page 11
SRCC MINUTES (Regular, 3/21/88 Page 12
Councilmember Frugoli indicated that Mayor Mulryan was of a different
opinion on the amount of members involved from various cities, statinq
that basically four cities, which could be Belevedere, Ross,
Tiburon and San Anselmo could out -vote the three major cities by
4-3. He indicated he did not agree that four cities should be dictating
to the major cities.
City Manager Nicolai commented that Council must be aware that the
ballot measure would be for a fairly specific program, and that the latitude
this board would have is primarily if problems come up after the ballot
measure passes, such as cost overruns or cost underruns, and that
the Board would have a bit of flexibility to modify the Plan.
RESOLUTION NO. 7706 - RECOMMENDING TO THE MARIN COUNTY BOARD OF SUPER-
VISORS MEMBERSHIP OF A TRANSPORTATION AUTHORITY
(endorsing the creation of a new 7 member
Transportation Authority)
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Frugoli mentioned that a public hearing/workshop will
be held March 22, 1988, and suggested that a City staff member attend
the meeting.
City Manager Nicolai stated she would attempt to attend.
ADD ITEM
At the request of Councilmember Thayer, Councilmembers unanimously approved
the need to take action on the following legislation item affecting San
Rafael was urgent:
1. RE TRANSIENT OCCUPANCY TAX, REQUIRED EARMARKING OF ANY NEW OR INCREASED
TAX AND TWO-THIRDS VOTE REQUIREMENT - AB 4521 (HANNIGAN) - File 9-1
Councilmember Thayer asked Council to direct staff to send a letter
to the Assembly Revenue and Taxation Committee regarding AB4521 which
was initiated by Assemblyman Hannigan, which requires revenues to
be earmarked for Transient Occupancy Taxes levied on or after July
1, 1989, stating that such revenues could only be used for convention
and trade shows, etc., and that this should be opposed.
Councilmember Frugoli moved and Councilmember Thayer seconded,
to OPPOSE Transient Occupancy Tax requiring Earmarking of any new
or increased tax and two-thirds vote requirement. AB4521 (Hannigan).
Staff was directed to write a letter to the Assembly Revenue and Taxa-
tion Committee voicing Council's opposition.
AYES:
COUNCILMEMBERS:
Boro,
Frugoli, Thayer & Vice -Mayor Breiner
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Mayor
Mulryan
There being no further discussion, the meeting was adjourned.
w
JEAN . LEONCINI, ity Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 3/21/88 Page 12