HomeMy WebLinkAboutCC Minutes 1996-07-15SRCC MINUTES (Regular) 7/15/96
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 15, 1996 AT 8:00 PM
Regular Meeting: Present:
San Rafael City Council
Absent:
Others Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION• 7:00 PM - COUNCIL CHAMBER
Vice -Mayor Cohen announced Closed Session items.
CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201
Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary 0. Phillips, Councilmember
Albert J. Boro, Mayor
Conference with Labor Negotiator, Government Code Section 54957.6
Negotiators: Suzanne Golt/Daryl Chandler/Dick Whitmore
No reportable action was taken.
Conference with Legal Counsel• Existing Litigation Government Code Section 54956.9(a):
a. Thomas et al. v. City of East Palo Alto et al., First District Court of Appeal No. A073656.
(Request for City of San Rafael participation as amicus party).
City Attorney Ragghianti announced that Council unanimously approved participation as
amicus party.
b. Akins v. State of California, California Supreme Court No. C015891. (Request for City of San
Rafael participation as amicus party).
City Attorney Ragghianti announced that Council unanimously approved participation as
amicus party.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM
None
CONSENT CALENDAR
Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar
items:
ITEMS
RECOMMENDED ACTION
2. Approval of Minutes of Special Meetings of
Approved as submitted
Saturday, April 27, 1996, Tuesday, April 3D,
1996 (2), Special Joint Meeting of Thursday,
June 20, 1996, and Special Meeting Monday,
June 24, 1996 (CC)
1
SRCC MINUTES (Regular) 7/15/96
3.
Acceptance of Statement of Disclosure for
Accepted report.
Marilyn D. Williams• Planning Commissioner
(CC) - File 9-4-3
4.
Selection of Board and Executive Committee
Approved staff recommendation.
Members and Alternates for the Marin County
Hazardous and Solid Waste Joint Powers
Authority (JPA) (CM) - File 4-13-96
5.
Monthly Investment Report (Fin) —
Accepted report.
File 8-18 x 8-9
6.
Report on Banking Services for City of San
City's checking accounts to be transferred to
Rafael (Fin) - File 8-18 x 8-9
WestAmerica Bank, effective 9/1/96, if possible,
Otherwise 10/1/96.
7.
Resolution Authorizing Signing of Contract with
RESOLUTION NO. 9639 - RESOLUTION
MIG. Inc. Re: North San Rafael Vision in the
AUTHORIZING THE CITY MANAGER TO SIGN A
Amount of $70.000 (PI) - File 4-3-311 x 238 x
PROFESSIONAL SERVICES AGREEMENT WITH MIG,
10-2
INC. IN THE AMOUNT OF $70,000 TO PROVIDE
CONSULTING SERVICES FOR THE NORTH SAN
RAFAEL VISION PROCESS.
9.
Resolution Conditionally Approving Public
RESOLUTION NO. 9640 - RESOLUTION APPROVING
Necessity and Convenience for the Pint Size
A REQUEST FOR A FINDING OF PUBLIC
Lounge at 1615 Fourth Street (PI) - File 10-2 x
CONVENIENCE AND NECESSITY AND ISSUANCE OF
13-8 x 9-3-30
A LIQUOR LICENSE AT 1615 FOURTH STREET (the
Pint Size Lounge)
10.
BAYPOINT LAGOONS LANDSCAPING AND
a. RESOLUTION NO. 9641 - RESOLUTION
LIGHTING DISTRICT: (PW) - File 6-48
DIRECTING FILING OF ENGINEER'S
ANNUAL REPORT, BAYPOINT LAGOONS
a. Resolution Directing Filing of Engineer's
LANDSCAPING AND LIGHTING DISTRICT
Annual Report - To be filed
(Pursuant to the Landscaping and Lighting
Act of 1972)
b. Engineer's Annual Report 199697 —
b. Engineer's Annual Report 1996-97 filed
c. RESOLUTION NO. 9642 - RESOLUTION OF
c. Resolution of Intention to Order
INTENTION TO ORDER IMPROVEMENTS,
Improvements (and setting Public Hearing
BAYPOINT LAGOONS LANDSCAPING AND
for meeting of August 5, 1996)
LIGHTING DISTRICT (Pursuant to the
Landscaping and Lighting Act of 1972) (and
setting Public Hearing for 8/5/96).
11.
Agreement to Grant Easements and Quitclaim
RESOLUTION NO. 9643 - RESOLUTION
Certain Rights .- City and County Open Space
AUTHORIZING EXECUTION OF AGREEMENT TO
Adjacent to 50 Grove Lane (PW) - File 2-12-1
GRANT EASEMENTS AND QUITCLAIM CERTAIN
RIGHTS (50 GROVE STREET)
12.
Traffic Mitigation Fee Agreement - 100/110
RESOLUTION NO. 9644 - RESOLUTION
Smith Ranch Road (Regency I and Regency II)
AUTHORIZING EXECUTION OF TRAFFIC
(PW) - File 10-2 x 9-3-40
MITIGATION FEE AGREEMENT (100/110 SMITH
RANCH ROAD).
SRCC MINUTES (Regular) 7/15/96
13. Resolution Authorizing Signing of Agreement
RESOLUTION NO. 9645 - RESOLUTION
With Central Marin Sanitation Agency (CMSA)
AUTHORIZING THE SIGNING OF AN AGREEMENT
for the Provision of Enforcing the City of San
WITH CENTRAL MARIN SANITATION AGENCY
Rafael Storm Water Management and
(CMSA) ENFORCING THE CITY OF SAN RAFAEL
Discharge Program (PW) - File 4-12-7 x 4-4-6b
STORMWATER MANAGEMENT AND DISCHARGE
PROGRAM (5 Year Agreement, Commencing July I,
1996 and Ending June 30, 2001)
14. Authorization to Call for 8ids - Street
Approved staff recommendation
Resurfacing Program 1996 (PW) - File 4-1-481
16. Resolution of Appreciation to Don Woford,
RESOLUTION NO. 9646 -
Retiring Fire Division Chief, for 30 Years of
RESOLUTION OF APPRECIATION TO
Service (FD) - File 102 x 9-3-3
DON WOFORD, RETIRING FIRE
DIVISION CHIEF, FOR 30 YEARS
OF SERVICE.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
The following items were removed from the Consent Calendar for further discussion:
APPOINTMENT OF NORTH SAN RAFAEL VISION STEERING COMMITTEE MEMBERS (PI) - File 238 x
10-2
Planning Director Pendoley stated this item was a follow-up to a report the Council received in June from the Start-up
Committee for the North San Rafael Vision. He reported the Start-up Committee developed a work program which
included an outline for the composition of a Steering Committee for the main project. He noted the Start-up
Committee had also recommended a Selection Committee consisting of the Mayor, 'Councilmember Phillips, and
three members of the original Start-up Committee.
Mr. Pendoley reported advertisements were placed inviting people to submit applications and resumes to be
considered for the Steering Committee, and noted they received forty-one applications. The Selection Committee
then met and considered all of the applications, and made the recommendation now being presented to the Council.
Frances Nunez, member of the Board of Directors for the Santa Venetia Improvement Association and member of
the North San Rafael Coalition, addressed the Council, stating she was speaking on behalf of the 3,500 residents of
the unincorporated area of Santa Venetia. Ms. Nunez noted the residents of the unincorporated area of Santa
Venetia were not allowed to be represented on the Steering Committee, and stated they have a concern regarding
one of the applicants chosen to be on the Committee, Joe Shekou, owner of Marin Ranch Airport. Ms. Nunez stated
the residents are not sure how his appointment fits in with the "live or work in the affected area", as he seems to be
the only property owner who does not live or work in the affected area. She stated they are very concerned that the
restrictions that are presently on the property, to restrict it to open space and airport use, be retained. Ms. Nunez
stated that since Mr. Shekou has owned the property, he has been trying to lift those restrictions, and they are
concerned that he has a conflict of interest, and would realize an economic gain if those restrictions were changed
and he was able to develop the property.
Ms. Nunez stated that if Mr. Shekou stays on the Committee, the residents would like to be sure that the
unincorporated area is represented in some capacity, and that their feelings and input are a part of the process.
Council member Heller asked Planning Director Pendoley to describe the guidelines used in choosing the Committee
members. Mr. Pendoley stated the guidelines started with a Charge to the Committee, which came from the City
SRCC MINUTES (Regular) 7/15/96
Council, noting the Council discussed and considered whether there would be representation, or some other form of
participation, from the unincorporated neighborhoods, and the decision was that this will ultimately be a policy piece
to work within the City limits; therefore, it would not be appropriate to even suggest we are planning for the
unincorporated area. Mr. Pendoley reported that as the Start-up Committee did its work, it followed that Charge, and
also considered it in developing the outline for membership on the Committee, noting they did not recommend who
should be on the Committee, but recommended categories of membership. Mr. Pendoley stated one important
consideration was that the business community be represented, with up to nine members, and it was clearly the
intent that this should include landowners if there was, in fact, any interest. Mr. Pendoley reported landowners
representing at least two properties did submit resumes, one was Mr. Shekou and the other was Mr. Roger Smith. He
stated the Selection Committee felt it was consistent with the original Charge, and the recommendation of the Start-
up Committee, to recommend Mr. Shekou and Mr. Smith.
Councilmember Heller asked if the airport was within the City limits, or was in the County's jurisdiction? Mr. Pendoley
reported portions of the airport are within the City limits, but some of the outlying edges are in County jurisdiction, so
the property is mixed. Ms. Heller asked if, technically, Mr. Shekou's property was within the City limits, allowing him
to apply for the Committee? Mr. Pendoley stated that was correct, and they felt it was consistent with the Charge.
Vice -Mayor Cohen stated he felt this was consistent with the make up of previous committees, and regardless of
whether or not Mr. Shekou's property is entirely within the City limits, his property is within San Rafael's Planning
Area, noting that when the committee was formed to look at the St. Vincent's/Silviera property, we went out of our
way to make sure that property owners representing those two properties were included, so they would have an
opportunity to comment. Mr. Cohen pointed out that this will be a standing committee of the City of San Rafael, and
all of the meetings will be public, and publicly noticed, and he urged the Santa Venetia Improvement Association to
participate in those meetings. He stated he was not a Council representative to the Committee, and did not know
what was planned as far as the outreach to partner groups, but stated he felt we should look at working with the
Santa Venetia group in that respect, noting it would be entirely appropriate, and we should encourage them to
participate in the process.
Councilmember Phillips moved and Councilmember Miller seconded, to accept staffs recommendation and appoint
the North San Rafael Vision Steering Committee as presented in the staff report.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Heller, Miller, Phillips & Vice -Mayor Cohen
None
Mayor Boro
15. ADOPTION OF RESOLUTION AMENDING RESOLUTION NO. 9259 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL, SAN RAFAEL
FIREFIGHTERS' ASSOCIATION I.A.F.F. LOCAL 1775 (Per) - File 7-8-2
Vice -Mayor Cohen stated that, given the somewhat contentious history of labor relations between the City and this
particular Association, it was a real pleasure to have the agreement done this early, and to have had the atmosphere
be as positive on both sides all through the process. He noted he was pleased the Firefighters' Association was the
first agreement the Council was ratifying, and he looks forward to ratifying the other agreements in the near future.
Mr. Cohen stated he hopes this signals a new day in labor relations for the City of San Rafael.
Councilmember Heller stated she was very pleased that we got this agreement out as early as we did, and she looks
forward to seeing the other agreements within a few weeks.
Vice -Mayor Cohen commended the City's team for their work, noting it takes two sides to make this work, and he
thanked Daryl Chandler, Suzy Golt, and Dick Whitmore for their work in bringing this to a close so quickly.
all
SRCC MINUTES (Regular) 7/15/96
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution amending Resolution
No. 9259 pertaining to compensation and working conditions for Fire Department personnel.
RESOLUTION NO. 9647 - RESOLUTION AMENDING RESOLUTION NO. 9259 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT
PERSONNEL (3 Year Agreement from 711196 through 6130199)
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
RE: ITEM 9 - RESOLUTION CONDITIONALLY APPROVING PUBLIC NECESSITY AND CONVENIENCE FOR THE
PINT SIZE LOUNGE AT 1615 FOURTH STREET (Ph - File 10-2 x 13-8 x 9-3.30
Vice -Mayor Cohen addressed Mr. Violante and Mr. Bennett, who were in the audience, informing them that action on
their application for a Finding of Public Necessity and Convenience and the issuance of a liquor license for the Pint
Size Lounge was taken as part of the Consent Calendar, and that it has been approved as presented by staff. He
congratulated Mr. Violante and Mr. Bennett, noting he looks forward to the opening of their establishment in the near
future.
SPECIAL PRESENTATION:
17. PRESENTATION OF RESOLUTION OF APPRECIATION TO DON WOFORD. RETIRING FIRE DIVISION
CHIEF (FD) - File 102 x 9-3-30
Vice -Mayor Cohen presented the Resolution of Appreciation to Don Woford, retiring Fire Division Chief, citing his
thirty years of service to the City of San Rafael, noting Chief Woford has served the City with honor and distinction as
firefighter, engineer, Captain, Battalion Chief, and Division Chief.
PUBLIC HEARINGS:
18. PUBLIC HEARING - CITY-WIDE GENERAL PLAN AMENDMENT TO AMEND POLICY LU•47 TO
CHANGE THE PERMITTED FLOOR AREA RATIO (FAR) FOR MINI -STORAGE PROJECTS FROM 1.0 TO
2.0; CITY-WIDE ZONING ORDINANCE AMENDMENT TO SECTION 14.16.150.6.4. (FLOOR AREA
RATIO), TO CHANGE THE PERMITTED FAR FOR MINI -STORAGE PROJECTS FROM 1.0 TO 2.0;
PROJECT APPLICATIONS FOR A USE PERMIT FOR FAR IN EXCESS OF 1.0; A USE PERMIT FOR A
CARETAKER'S UNIT; AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A THREE-
STORY APPROXIMATELY 59,247 SQUARE FOOT MINI -STORAGE BUILDING AT 50 GOLDEN GATE
DRIVE. SAN RAFAEL: APN: 18-142-85: ROBERT MC GOWAN. OWNER: DARRELL deTIENNE.
Vice -Mayor Cohen opened the Public Hearing and asked for the staff report.
Planning Director Pendoley stated staff was requesting a continuance of this item because the applicant requested
the Planning Commission grant a continuance until at least September, when there will be a full Commission. Mr.
Pendoley stated the date for the continuance is not certain, as the applicant does not know what date he wants, and
noted the Public Hearing will be re -advertised.
Vice -Mayor Cohen closed the Public Hearing, and continued this item to a date uncertain.
SRCC MINUTES (Regular) 7/15/96
19. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF A RESOLUTION CONTINUING THE $15
STORMWATER POLLUTION PREVENTION FEE PURSUANT TO SECTION 9.40 OF THE SAN RAFAEL
MUNICIPAL CODE (PW) - File 4-4-6b
Vice -Mayor Cohen opened Public Hearing, and continued said Public Hearing to the meeting of August 5. 1996. at
the request of staff.
20. PUBLIC HEARING - APPEAL OF DISABLED ACCESS REQUIREMENTS AT 942 "B" STREET (APN: 11-
262-01) (PW) - File 13-1-1
Vice -Mayor Cohen opened the Public Hearing and asked for the staff report.
Assistant Public Works Director Matt Naclerio stated the applicant is proposing to open a mini -mart at B42 "B" Street.
He reported one of the Conditions for Approval from the Department of Environmental Health is that a sanitary facility
be constructed, and noted State law requires that any new sanitary facility be accessible to the disabled. Mr. Naclerio
reported an estimate for that work states that approximately $15.000 would be required to make a handicap
accessible restroom. He reported State law also requires that the main entrance to the building be accessible, and
requires an access pathway to the new sanitary facility, and noted it has been estimated, based on State law, that it
would cost approximately $27.000 to make those improvements. Mr. Naclerio stated the applicant has requested an
appeal from these disabled requirements, and the Council sits as the Board of Appeal. He noted staff believes there
is a burden to meet these requirements and construct these improvements, they concur that there is an
unreasonable burden, and recommend that the appeal of the disabled requirements be upheld by the Council.
Council member Miller asked if the basic issue was the 18 inch rise, which the minimart staff would help disabled
customers get past? Mr. Naclerio stated there was an 8 inch rise, and State law requires that 20% of the cost for the
proposed improvements be directed toward providing for access to the handicapped. He stated the applicant has
proposed, and our consultant has concurred, to provide a bell and a sign so a disabled person could ring the bell,
and an employee of the mini -mart would come and assist the person.
Councilmember Heller stated she felt this sounded like a pretty good mitigation, and as our consultant has looked at
this issue and agrees that it would be acceptable, she had no problem with it.
Vice -Mayor Cohen asked if there was any public comment.
Mahmoud Shirazi, owner of the proposed mini -mart at 842 "B" Street, addressed the Council, stating there is a major
problem as far as the improvements and bringing the accessibility up to State law requirements, noting the cost
would exceed $27.000. Mr. Shirazi stated the building is old, and seismic work has been done, but there would be a
number of problems if the building had to be made accessible to the handicapped. He stated he would be happy to
have his staff assist the disabled customers if they ring the bell, noting he felt this would be a good idea, and make it
easier for his staff, as well.
Councilmember Phillips stated he was assuming there would be someone at the minimart at all times to be of
assistance, if needed, and Mr. Shirazi stated there would be. Mr. Phillips asked if the employee who would be
assisting the disabled customers would also be responsible for working the cash register at the mini -mart? Mr.
Shirazi stated that would probably be correct, noting there will be at least one person in the store at the window and
the bell at all times, and if someone passes by and needs assistance, the employee will come to the door in a timely
fashion to serve them. Mr. Phillips asked if there would be a reluctance or a significant lapse in time if someone
needed assistance, and Mr. Shirazi assured him that as soon as they hear the bell, they will come to the door to
assist the disabled customer.
There being no further public comment. Vice -Mayor Cohen closed the Public Hearing.
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SRCC MINUTES (Regular) 7/15/96
Councilmember Miller stated he found this recommendation to be a reasonable approach in addressing the ADA
(Americans with Disabilities Act), and felt the Council should move forward with the appeal.
Councilmember Phillips stated he was satisfied with staffs recommendation, and the fact that the City's consultant
concurred, and stated he would take Mr. Shirazi at his word that someone would be there to assist the disabled
customers when needed.
Councilmember Heller moved and Councilmember Phillips seconded, that Council, sitting as the Board of Appeals,
grant the appeal and directed staff to prepare Resolution of Findings for the Council meeting of August 5, 1996.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Heller, Miller, Phillips & Vice -Mayor Cohen
None
Mayor Boro
NEW BUSINESS:
21. CONSIDERATION OF ADOPTION OF AN ORDINANCE SETTING THE PARAMEDIC TAX FOR 1996/97
(Fin) - File 9-3-31
Finance Director Ransom Coleman reported that each year the Council adopts the Paramedic Tax, based on the
budget that has been submitted for the Paramedic Program. He explained the Paramedic Tax, plus the Third Party
Billing, fund the operation. Mr. Coleman stated that based on the budget, staff is recommending the Paramedic Tax
be set at $40.00 per living unit, and $.0357 per square foot of commercial property.
Councilmember Heller asked if there was a range from which we can select the amount of the fee, and if we were at
the top of that range now? Mr. Coleman stated the commercial tax had a limit of $.05, so we have a ways to go with
that, and noted the language for the residential portion was quite different, and we have a lot of flexibility as it now
stands. He reported the only thing that could possibly have any impact on this in the future might be a ballot initiative,
which would limit our ability to do anything; however, at this time we have a fair amount of flexibility in terms of
increasing the tax to meet the cost.
Councilmember Phillips referred to the tax for the living units, noting this is an increase of approximately 8%. He
stated he agreed we had substantially increased our service, and felt we were all appreciative of that service, but
asked how we get the word out to the customers of an 8% increase, and how do we sell that increase? Mr. Coleman
stated the City can indicate that this 8%, plus the increase last year of approximately 8%, has allowed the City to start
with one Paramedic unit, increase to two units, and arrive at the point where we now have three Paramedic units. Mr.
Coleman noted there has been quite an increase in the level of service over the past two years, and he felt most
people would agree that the percentages, given the level of service, would certainly be reasonable. Mr. Coleman
noted the main increase in fees this year is due to salary increases. Mr. Phillips asked if the City could say that
because of this increase we have been able to provide three, rather than two, Paramedic units? Mr. Coleman stated
that was correct.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1682 (PARAMEDIC SERVICE
SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE. COMMENCING WITH FISCAL YEAR 1996197
FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES"
Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance
in its entirety and refer to it by title only and pass Charter Ordinance No. 1699 to print, by the following vote, to wit:
SRCC MINUTES (Regular) 7/15/96
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
22. RESOLUTION SETTING THE SPECIAL TAX RATE FOR YEAR 1996/97 ON ALL TAXABLE PROPERTY
WITHIN COMMUNITY FACILITIES DISTRICT No. 1992-1 (LOCH LOMOND #10) (Fin) - File 6-50
Finance Director Coleman stated that when the Council approved the Loch Lomond #10 Subdivision, they also
created a Maintenance District, noting the primary reason for the District was to set up a $500,000 liability reserve to
protect the City. He stated the balance of this was set up to do routine maintenance in Loch Lomond #10, noting a
schedule and formula was set up as part of that approval. Mr. Coleman stated that as part of that approval, and
based on that formula, staff is recommending the rate for the twenty-seven units in Loch Lomond #10 be set at
$2,201.
Councilmember Heller asked if this tax rate was something the Council reviews each year, and Mr. Coleman stated
that was correct.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution setting the Special
District Tax for Loch Lomond #10 as recommended by staff.
RESOLUTION NO. 9648 - RESOLUTION SETTING THE SPECIAL DISTRICT TAX FOR LOCH LOMOND
#10 FOR FISCAL YEAR 1996/97 (@ $2,201 for 27 units).
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
23. VOLUNTEER LANDSCAPING OF CITY PROPERTY (PI) - File 10-2
Vice -Mayor Cohen announced this item had been removed from the agenda at the request of staff.
24. URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 6 OF SAN RAFAEL
MUNICIPAL CODE TO PROHIBIT DOGS IN THE FARMER'S MARKET AND/OR AT SPECIAL
DOWNTOWN EVENTS (RA) - File 13-8 x 13-3
Assistant Redevelopment Executive Director Jake Ours stated that for some time there has been an ongoing
problem with dogs at the Farmer's Market and, to some extent, at other special events. Mr. Ours reported there is a
(County) law which states no dogs are allowed at the Farmer's Market, but it is enforced by the Sheriffs Department,
whom we cannot get to enforce the law. Mr. Ours stated that at the request of Councilmember Phillips, staff has gone
forward and proposed this Urgency Ordinance, which gives authority to our Police Department to take care of our
own. Mr. Ours stated he felt this was something which was very needed, noting he becomes extremely worried when
he sees a three year old child walking nose to nose with a large dog coming at them, and stating he felt this was a
good thing to make sure that we do not have that situation happening at our street events, and that the dogs are kept
where they belong, which is not where there are a lot of people around them.
Councilmember Phillips noted he is the Council's liaison to the Farmer's Market Board of Directors, and stated this
issue has come up at the Board of Directors meetings. He stated he has had discussions with interested parties,
including Police Chief Krolak and a number of the Police Officers who have been on-site during the Farmer's Market
events, and each of these interested parties have endorsed the Ordinance, which gives San Rafael's Police Officers
the latitude to take action when it is deemed appropriate. Mr. Phillips noted their enthusiasm for the Ordinance
Ej
SRCC MINUTES (Regular) 7/15/96
surprised him, but felt they had good reason, because currently if someone comes running up and complains about a
dog being at the event, it is not appropriate for our officers to take action unless the dog is threatening. He noted the
City's Police Officers felt hamstrung because of that, and they wholeheartedly support this Ordinance because it
does provide them with some range of latitude.
Councilmember Heller stated an attorney telephoned her this afternoon because he was concerned about this
particular Ordinance, as he works quite a bit with the disabled. Ms. Heller stated she was delighted that the
Ordinance addresses all of the disabled problems, and noted the attorney was amazed, and felt the City was
certainly on top of things and doing a very good job.
Council member Miller stated he had gone to the Marin County Humane Society and had spoken with some of the
volunteers, and then to the ABC Clinic, where he takes his own dog, and discussed the proposed Ordinance. Mr.
Miller noted that people who are concerned with animals find this to be a very acceptable and, in fact, a very wanted
Ordinance because they see that so often it is the animal that is put at risk in this type of situation, and this ensures
responsible ownership of the animals. Mr. Miller noted the City already has the signs that say "No Dogs", and people
are always asking why dogs are allowed to be there, and pointed out that now the City will be able to enforce what
should have been enforced for all the years that the Farmer's Market has been there.
Vice -Mayor Cohen noted the Council had received a FAX from Mario DiPalma in support of this Ordinance.
Mr. Ours stated the management of the Street Painting Festival had called staff this morning to express their support
for this Ordinance, noting they have had some unpleasant situations with dogs in the past.
The title of the Urgency Ordinance was read:
"AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 6 OF THE SAN RAFAEL
MUNICIPAL CODE TO PROHIBIT DOGS AT THE DOWNTOWN FARMER'S MARKET FESTIVAL AND SIMILAR
SPECIAL PUBLIC EVENT"
Council member Miller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance
in its entirety and refer to it by title only and to adopt Urgency Ordinance No. 1700, by the following vote, to wit:
(4/5ths vote required)
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
Councilmember Phillips thanked Assistant City Attorney Guinan and Deputy City Attorney Davis, noting they had
done an excellentjob and had been very helpful in this process.
ADD ITEM:
RE: FINANCE DIRECTOR - File 9-3-20
Vice -Mayor Cohen wished Happy Birthday to Randy Coleman, and congratulated him on his new job with Marin
Municipal Water District, thanking him for 19 years of service with the City. Mr. Cohen stated he appreciated all of the
work Mr. Coleman has done for the City of San Rafael, stating his knowledge and experience with the finances of the
City will be sorely missed. Councilmember Phillips thanked Mr. Coleman for his help and special discussions on
various issues, noting Mr. Coleman had been very helpful.
25. CITY COUNCIL REPORTS:
SRCC MINUTES (Regular) 7/15/96
a. 415 AREA CODE CHANGE (Verbal) - File 9-11-5
Councilmember Heller reported the Public Utilities Commission will be meeting August 2nd and
making a final decision about changing the area code. She stated anyone interested in this issue
may submit comments by Friday. July 19th and noted anyone wishing information on the meeting
could contact her.
b. LAFCO (Local Agency Formation Commission) (Verbal) - File 149
Councilmember Heller reported LAFCO met last week, and that they will be looking at the Dual
Annexation Policy, which does impact Novato, San Rafael, and Tiburon. She stated she expects
the City will be receiving additional information.
POLICE RADIO SYSTEM COMMITTEE (Verbal) - File 9-3-30 x 4-1-467 x 4-2-233
Councilmember Heller reported the Police Radio System Committee met last week, and will be
meeting again in two weeks. She stated the Committee has been discussing a countywide radio
system, and the general agreement is that the City needs to be compatible with the County, and all
of the other safety groups. The reason the County is looking at another radio system is because
low band radios are being phased out, and the manufacturers will no longer have this type of
equipment available. The Committee is looking at becoming part of a countywide system, but is
also looking at the timing, as that is very important to the City's public safety. Ms. Heller stated the
Committee is looking at various options, one of which is that the City can borrow equipment from
the County, which would put us back on the low band system, and then in a couple of years, when
the County is ready, we can move forward together. She stated there are a lot of decisions that
have to be made, and everyone is working very hard to arrive at a plan that will be the best for the
City of San Rafael, and the entire community.
Councilmember Phillips stated it seemed as though it is taking longer and longer to get some type
of equipment into the cars, and asked if the Committee was satisfied with where we are at this
point? Councilmember Heller stated the Committee has already begun the planning process on our
own system, and that is going forward. She reported that if, at some point, we decide to go into the
County system. We will need to look at using a low band just as a place holder. She stated the City
is not behind or ahead of where we should be at this point, we are simply moving into a phase
where we have more decisions to make.
There being no further business, the meeting was adjourned at 8:45 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1996
MAYOR OF THE CITY OF SAN RAFAEL
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