HomeMy WebLinkAboutCC Minutes 1992-08-03SRCC MINUTES (Reg.) 8/3/92 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 3, 1992, AT 7:00 P.M.
CLOSED SESSION
1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 92-13(a) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 3, 1992, AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Dorothy L. Breiner, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: Paul M. Cohen, Councilmember
Also Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
TRAFFIC PROBLEM IN GERSTLE PARK NEIGHBORHOOD - File 11-1 x 163 x 2-1-11
Sandy Lollini, President of the Gerstle Park Neighborhood Association, stated her concern
again with regard to the traffic problem in the Gerstle Park area. She stated she had
requested many times to be put on the meeting agenda for this issue and also brought to the
attention of the Council that there have been two accidents recently in this area. She
then gave to the Council a supplement to the Association's report with over another 100
signatures.
Councilmember Breiner stated they have had only one meeting between the neighborhood group
and staff. Mayor Boro clarified that at the last meeting Ms. Lollini attended, four weeks
ago, it was agreed to form a sub -committee of the Council - Councilmember Cohen and
Councilmember Breiner - to meet with representatives from the neighborhood and Public Works
Director Bernardi to gather information with which to come back to Council on an agenda.
Public Works Director Bernardi stated staff intended to bring a report to the August 17,
1992 Council meeting agenda as a discussion item, under Old Business.
CONSENT CALENDAR
Councilmember Thayer moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
RECOMMENDED ACTION
3. Resolution Authorizing Storm Drain Improvements at ADOPTED RESOLUTION NO. 8717 -
196-200 Mission Avenue (PW) - File 12-9 x 3-1-1641 AUTHORIZING STORM DRAIN
IMPROVEMENTS AT 196-200
MISSION AVENUE, SAN RAFAEL
4. Resolution Approving Agreement with Marin County ADOPTED RESOLUTION NO. 8718 -
Library for Bookmobile Services in Canal Area (Lib)AUTHORIZING THE SIGNING OF AN
- File 4-13-78
AGREEMENT WITH COUNTY OF
MARIN FOR BOOKMOBILE SERVICE
IN THE CANAL AREA FOR $3,350
FOR FISCAL YEAR 1992/93
5. Request for Authorization to Waive Public Bid and toADOPTED RESOLUTION NO. 8719 -
Purchase Seven Police Vehicles from SOPP Chevrolet, WAIVING THE PUBLIC BID AND
Bell, CA (Gen.Svcs.) - File 4-2-265 x 9-3-30 AUTHORIZING THE PURCHASE OF
SEVEN POLICE VEHICLES FROM
SOPP CHEVROLET, BELL,
CALIFORNIA
7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. Approved final adoption of
1623 - AN ORDINANCE OF THE CITY OF SAN RAFAEL Ordinance No. 1623.
AMENDING ORDINANCE NO. 1593 (PARAMEDIC SERVICE
SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE FOR
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FISCAL YEAR 1992/93 FOR RESIDENTIAL AND NON-
RESIDENTIAL PROPERTIES (Fin) - File 9-3-31 x 8-5
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8. Resolution of Appreciation to Lloyd Strom, AssistantADOPTED RESOLUTION NO. 8720 -
Public Works Director, Employee of the Quarter RESOLUTION OF APPRECIATION TO
Ending June 30, 1992 (CM) - File 7-4 x 102 x 9-3-40 LLOYD STROM, ASSISTANT PUBLIC
WORKS DIRECTOR, EMPLOYEE OF
THE QUARTER ENDING JUNE 30,
1992
11. Claims for Damages:
a. Barrett La Monte Davison I (PD) Approved City Attorney's
recom-
Claim No. 3-1-1617 mendation for denial of
Claims
a & b.
b. Glenn A. Hillebrant (PD)
Claim No. 3-1-1638
AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
The following items were removed from the Consent Calendar for discussion:
2. APPROVAL OF MINUTES OF SPECIAL MEETING OF MAY 14, 1992, AND REGULAR MEETING OF JULY 6,
1992 (CC) - File 1-4
Councilmember Breiner requested a change on Page 5, Item #13, third paragraph, which
should read, "Mrs. Breiner stated she would hope that if our Police Department ever
feels that it has participated in an over -zealous seizure activity, they would express
such an opinion".
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the Minutes
of Special Meeting of May 14, 1992, as submitted, and Minutes of Regular Meeting of
July 6, 1992, as amended.
AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1622 - AN ORDINANCE OF THE CITY OF
SAN RAFAEL, TITLE 5, TRAFFIC REGULATIONS, BY AMENDING CHAPTER 5.40 STOPPING, STANDING
AND PARKING OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING SECTION 5.40.040 AND ADDING
SECTION 5.40.045 RELATING TO PARKING VEHICLES ON STREETS FOR SALE (PD) - FILE 11-8 x
9-3-30 x 11-1
Councilmember Breiner stated she thought there had been a section in the first reading
of this Ordinance which included information on the penalties. City Manager Nicolai
stated the Ordinance where the fines were set was adopted several months ago and at
that time it was decided that Ordinance would not be enforced until the wording was
revised. She stated the penalties are already set in the bail schedule. Public Works
Director Bernardi stated what Mrs. Breiner was referring to was the Building Code
Ordinance.
Councilmember Shippey asked if the Council had the full and complete language of the
Ordinance in front of them. Ms. Nicolai stated this was amending Section 5.40.045 only
to give them a better ability to enforce it.
Councilmember Breiner requested a change in the Ordinance title to read, ". . RELATING
TO PARKING VEHICLES FOR SALE ON STREETS" rather than "ON STREETS FOR SALE".
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, TITLE 5, TRAFFIC REGULATIONS, BY AMENDING
CHAPTER 5.40 STOPPING, STANDING AND PARKING OF THE SAN RAFAEL MUNICIPAL CODE BY
AMENDING SECTION 5.40.040 AND ADDING SECTION 5.40.045 RELATING TO PARKING VEHICLES FOR
SALE ON STREETS" (as amended - non -substantive change)
Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only, and adopt
Charter Ordinance No. 1622 by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Shippey & Mayor Boro
NOES: COUNCILMEMBERS: Thayer
ABSENT: COUNCILMEMBERS: Cohen
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9. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Councilmember Breiner stated her concern with regard to SB 1705 (MADDY), "Controlled
Substance Offenses", where the proposed Bill would, ". . delete the community property
exception for vehicles and homes. . .". She stated she felt this was a very unfair
provision and could hurt an innocent spouse dramatically, and the community property
exception should not be deleted.
Councilmember Shippey stated his agreement with Mrs. Breiner, noting he did not
understand why the existing law allows the assets to be forfeited without a criminal
conviction, and asked for advice from either the Acting Police Chief or the City
Attorney. City Attorney Ragghianti responded he believed that the legislation
specifically provides for this summary procedure and permits the immediate seizure of
the vehicle which was the intent of the framers. Mayor Boro stated he had heard a news
release from the City of Oakland where this is being implemented now and they have been
able to confiscate 44 vehicles of purchasers of drugs. Councilmember Shippey asked
about the "due process" issue within the Constitution and City Attorney Ragghianti
stated this was true, but this is apparently constitutional and is intended to
accomplish exactly what is being accomplished now. He stated it was similar to the IRS
coming in when money is discovered in a criminal proceeding; there are very few
questions asked, they just seize it.
Councilmember Thayer stated her concern with regard to the current law, which would be
"Sunseted" without approval by the Legislature, does provide for the seizure of
property without a criminal conviction. She stated she was very opposed to this
because of hearing stories about innocent people having things seized and never getting
them back. She stated she was in favor of legitimately acquired forfeiture money and
property going to local police departments. She stated her concern was one of
constitutional dimensions dealing with due process of law.
Mayor Boro requested more information on this Legislation from staff. He stated he
would be interested in some of the issues such as how effective has it been, what
challenges have been made on the constitutionality of this and why has it been upheld?
City Manager Nicolai responded it will be brought back to the Council at a future
meeting.
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the staff
recommendation to SUPPORT Proposition 155, Passenger Rail and Clean Air Bond Act of
1992.
AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
10. REQUEST OF THE DINO AND MARIO GHILOTTI FAMILY TRUST FOR THE CITY TO EXECUTE QUIT CLAIM
OF EASEMENT DEED (CA) - File 2-12-1
Councilmember Breiner referred to the letter from Law Offices of McNeil & Silveira of
July 16, 1992, attached to the staff report, and specifically to where it reads, .
.the Ghilotti Trust or its successor will dedicate approximately 1.41 acres to the City
for the shoreline park". She asked when this would happen and if the City needed an
agreement in writing to insure that this will actually happen and be binding upon the
successor.
City Attorney Ragghianti responded this would happen almost immediately. He stated he
spoke with Patrick McNeil and Planning Director Pendoley and the representative of the
purchaser of the property who is in Germany, and all appeared to be in agreement with
this. He stated his suggestion was that if Council adopted this Resolution and
instructed staff not to deliver the deed until they have the written agreement then he
would do so, but he was assured by phone that they would do that.
Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution
before them with instructions to the City Attorney's Office not to deliver the deed
until staff has received a written agreement that dedication of approximately 1.41
acres for the Shoreline Park has been effected (as mentioned in a letter from Patrick
J. McNeil of McNeil & Silveira).
Mayor Boro asked for clarification from City Attorney Ragghianti, who responded they
would have a separate agreement. He also stated the property owner has agreed to
merge, as the above-mentioned letter indicates in the last paragraph, the small parcel
into the larger one, also at the request of the Planning Department, and he would make
certain that both of the documents have been prepared in appropriate order before
releasing the deed for recordation.
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RESOLUTION NO. 8721 -
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SRCC MINUTES (Reg.) 8/3/92 Page 6
AUTHORIZING THE EXECUTION OF A QUIT CLAIM DEED TO THE DINO AND
MARIO GHILOTTI FAMILY TRUST (formerly known as the GHILOTTI
BROS. FAMILY TRUST) (with instructions per above)
Breiner, Shippey, Thayer & Mayor Boro
None
Cohen
12. PRESENTATION OF RESOLUTION OF APPRECIATION TO LLOYD STROM, ASSISTANT PUBLIC WORKS
DIRECTOR, EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1992 (CM) - File 102 x 7-4 x 9-3-40
Mayor Boro presented the Resolution of Appreciation to Lloyd Strom, Assistant Public
Works Director, commending him on the fine effort that he has put into his work for the
last 25 years with the City. He then stated Mr. Strom would receive this Resolution of
Appreciation now and a check for $100 in City Hall at Noon, Tuesday, August 4th, to be
presented to him with his fellow employees in attendance.
Assistant Public Works Director Strom responded by thanking the Council for this honor
of being selected by his co-workers for this distinction and the Council's acknowledge-
ment.
Councilmember Thayer stated her appreciation of Mr. Strom's reports to the Council as
being very clearly expressed.
13. REPORT ON SAN RAFAEL AREA HOMELESSNESS ADVISORY BOARD MEMBERSHIP AND PURPOSE
RECOMMENDATIONS (CM) - File 13-16 x 115
Assistant City Manager Golt gave a brief summary of the staff report. She stated the
Council had, at the June 15, 1992 Council meeting, asked for further clarification on
the membership for an advisory board for the San Rafael Area on Homelessness and the
purpose for this recommended advisory board. She stated the Task Force, on which
Councilmember Breiner served, worked for a number of months to find shelter space for
20 to 25 additional beds in the area and also to have a day service center in the San
Rafael area. She stated the Findings and Recommendations made by the Task Force in a
memo dated May 26, 1992 were attached to the staff report, as well as a memo from Dan
Paicopulos, Co -Chair of the Task Force, dated July 22, 1992, which provides more
information on the purpose of the recommended advisory group. She stated she also
included a list of the recommended representatives for the advisory board and, as noted
in the staff report, all but two of these people are part of the Task Force as well,
which she felt was important to have the consistency between the Task Force, as it
transitions over into the advisory board.
Mayor Boro asked Councilmember Breiner for any comments, since she was a member of the
original group. Councilmember Breiner responded with regard to the need for this
advisory board because the original Task Force was going to "Sunset". She stated there
was a concern that there be something in place, particularly to keep the door open to
try to create a day service center and to keep the neighborhood informed of the
progress on this issue as well as serving as an oversight group in case any problems
develop in terms of the management of the homeless shelter on Harbor Street and with
the addition. She indicated her support of this advisory board and stated she hoped
the Council would approve it.
With regard to the recommended list, Mayor Boro asked Ms. Golt why there was not a
merchant or a Chamber of Commerce representative on the list. Ms. Golt responded that
these recommendations were coming from the Task Force, and referred Council to Dan
Paicopulos and Jean Taylor who were both present to answer any questions on this. She
stated she did agree with this suggestion.
Mayor Boro then commented on expanding the shelters and starting the day service
center, and then terminating the Task Force, and stated he would like to have an annual
review as to the need for the advisory board, starting in August, 1993, due to the
current workload of the City's staff.
Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, stated
there were three Chamber members on the recommended advisory board already - Bob
Blumenfeld, Bill Henderson and Fred Divine. She volunteered to find a downtown
merchant representative to serve on this board. Mayor Boro thanked her for her
assistance.
Councilmember Breiner stated she felt very reluctant to require Ms. Golt to attend
meetings of this board unless there was some specific reason for her to be there,
because of her long hours on many other committees and work at City Hall. Ms. Golt
responded there has not been any proposal to have any official City representation on
the recommended advisory board, and agreed with Mrs. Breiner.
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Councilmember Breiner moved and Councilmember Thayer seconded, to accept the staff
report with the addition of a position on this board for a merchant representative, to
be chosen by the Chamber of Commerce; also with the understanding there would be no
City staff representative permanently on this board and require an annual review in
terms of need.
AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
14. CITY COUNCIL REPORTS:
None.
ADD ITEMS:
I. SAN RAFAEL POLICE DEPARTMENT RECRUITING VIDEO - File 9-3-30
City Manager Nicolai introduced Police Officer Charles Samuel who basically produced
and directed the video.
Officer Samuel gave a brief explanation of this film. He stated Corporal Michael
Miller, the Department Personnel Officer, went to a Career Law Enforcement Day where he
observed a recruiting film. They both then received authorization to do a video within
a very tight budget, noting the intent of the film was in two parts: 1) Recruiting;
and, 2) Public relations to give a more positive impression to the public about what
the San Rafael Police Department does. He noted that Officer Kelly O'Hare, the Crime
Prevention Officer, narrated the video.
The Council then viewed the video.
II. TREE LIGHTS ON FOURTH STREET - File 140 x (SRRA) R-162
Mayor Boro requested a report back to Council from the Public Works Director Bernardi
about the lights on the trees on Fourth Street, in particular the cost factor to run
these lights. He stated, for example, two to three hours during the summer, from 9:00
P.M. to Midnight or 11:30 P.M., and in the Winter from 7:00 P.M. to 11:00 P.M.
There being no further business, Mayor Boro adjourned the meeting at 9:20 P.M. in the
memory of Susan Southard, Secretary for the San Rafael Sanitation District, who passed away
on Thursday, July 23, 1992 and Roger O'Donnell, member of the San Rafael Fire Commission,
who passed away on Wednesday, July 29, 1992.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 1992
MAYOR OF THE CITY OF SAN RAFAEL
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