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HomeMy WebLinkAboutCC Minutes 1999-09-20SRCC MINUTES (Regular) 9/20/99 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 20, 1999 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Vice -Mayor Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Barbara Heller, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM 1. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)) la. Kerner Blvd., LLC v. City of San Rafael Marin County Courts Case No. 172694 lb. Yates, Craig & Margaret v. City of San Rafael Marin County Courts Case No. 167499 lc. Jenkins, Richard & Linda v. City of San Rafael Marin County Courts Case No. 170525 ld. Alan Grieve v. City of San Rafael 2. Conference with Real Property Negotiator (Government Code Section 54956.8) Property Address: 1000 Francisco Boulevard (Scotland Car Yard site); APN 08-102-04 Negotiating Parties: SRCC and Claire Engleberg, property owner, and Snorre Grunnan, business owner of Scotland Car Yard Under Negotiation: Eminent Domain action to acquire property. Mayor Boro announced the City Council would meet in Closed Session at the conclusion of the City Council meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:20 PM RE: CIGARETTES CHEAPER! STORE - File 10-1 x 10-2 x 13-1 x 9-3-16 Joe Osborn, representing the West End Neighbors Against Cigarettes Cheaper! (WENACC), read a prepared statement protesting the opening of the Cigarettes Cheaper! store in their neighborhood. He asked Council to place this item on the agenda so WENACC's request for a 45 -day moratorium on stores selling only tobacco products may be voted on. Mark Schwartz, resident of the West End neighborhood, stated the residents were concerned that with the opening of this store, Cigarettes Cheaper! will try to spread to more sites within the City, noting Cigarettes Cheaper! currently had stores in Marin City, Novato, Petaluma, and Napa. He urged Council to adopt an Ordinance calling for a 45 -day moratorium, retroactive to the effective date of the Emergency Ordinance, with an option to extend for six -months, during which the City would thoroughly study and enact zoning restrictions to prevent such stores from operating in close proximity to child -sensitive areas. In addition, he requested the City conduct a thorough parking and traffic study at the site of the Cigarettes Cheaper! store on Miracle Mile. Elva Yanez, Associate Director of Americans for Nonsmokers' Rights, stated a new strategy was being used by the tobacco industry in response to the victories and successes of traditional tobacco control measures, such as smoke-free ordinances and youth -access ordinances, noting Americans for Nonsmokers' Rights has helped San Rafael, and other Marin County communities, in passing these policies. However, as the communities have had success with those policies, the tobacco industry has created new strategies, including such stores as Cigarettes Cheaper! She reported communities were responding in very creative ways, with Land Use and Zoning Ordinances being applied to tobacco control. She reported there were currently over sixty such ordinances in the United States that have been developed based on zoning law, pointing out Land Use law was used to protect residents from unwanted uses of the land on which they live and pay taxes. Ms. Yanez commended the City and the West End neighbors for tackling this issue, urging Council to move forward with the recommendations that had been made by the previous speakers, and to stand up to Big Tobacco and their SRCC MINUTES (Regular) 9/20/99 Page 1 SRCC MINUTES (Regular) 9/20/99 Page 2 bullying tactics. Mayor Boro asked City Attorney Ragghianti to recap what has occurred during the past six weeks regarding this issue. City Attorney Ragghianti stated, regrettably, by virtue of the very specific and clear requirements of the Brown Act, the Council was precluded from taking any action during this meeting. He stated it was clear the Government Code imposed restrictions upon all public agencies, in terms of the matters they may consider at a public meeting, explaining they may not consider, or discuss, or undertake action on any item that is not posted on an agenda, unless an exception is made. He stated there were only two exceptions: one was a public emergency, specifically defined as a catastrophe of some sort, such as an earthquake, flood, or fire; the other was when there was a need to take immediate action, and that need to take action had come to the attention of the City subsequent to the date the agenda was posted. Mr. Ragghianti pointed out, again regrettably, the issue of the moratorium not only came to the attention of the City prior to the posting of the agenda for this meeting, it had been the subject of a staff report and discussion at the City Council meeting of August 16th. Mr. Ragghianti stated it was his understanding, in talking with the Community Development Director, that the Cigarettes Cheaper! store had opened for business today; therefore, even if the Council had been able to enact a moratorium tonight, the Council could not adopt an Ordinance that would affect a use that already existed on the date such an Ordinance was adopted. He also clarified the Council could not adopt an Ordinance retroactively to the date the Emergency Ordinance had been adopted on August 16th. Mr. Ragghianti pointed out this had nothing to do with land use, per se, it had to do with due process. He felt the arguments that had come before Council this evening should have come at the meeting of August 16th, noting a considerable amount of time had been spent by the City Attorney's and City Manager's offices, as well as the Community Development Department, in working on the staff report for that meeting. Assistant City Attorney Guinan stated this issue had initially been raised by people addressing the Council in Urgency Session, at which time their request had been for a moratorium. He reported the issue had been brought back to Council at a regular City Council meeting, not to enact a moratorium, but with the recommendation to adopt a licensing scheme. In explaining the reason staff chose to bring a licensing scheme as opposed to the originally requested moratorium, Mr. Guinan reported Community Development Department staff had reviewed the material, looking at what would be accomplished should Council enact a moratorium, and what their goal would be, noting it would encompass creating a system of Land Use regulations for tobacco retailers. It was felt by the Planning staff that when all was said and done, this particular location would be one of the locations where such sales would be permitted; therefore, with that understanding, it did not, in staff's opinion and estimation, make sense to go forward with the moratorium, as to do so would not achieve the goal of those who had come forward seeking the moratorium. Mr. Guinan reiterated this had been specifically spelled out in the staff report at the meeting of August 16th, and as a result, after some discussion, Council adopted the licensing scheme, which was currently in effect. Mayor Boro noted the residents who had addressed Council this evening had asked for two things. First, they had asked that this item by placed on the agenda as an emergency item; however, he noted the City Attorney had informed the Councilmembers they were precluded from doing that, due to the requirements of the Brown Act, pointing out this did not meet the requirements of an "Emergency". The second request from the neighbors was for a moratorium, and Mayor Boro noted that while that had been discussed at the meeting of August 16th, Council had chosen the licensing approach. Joe Osborn noted the City Attorney had stated the decision had been made that the current location of Cigarettes Cheaper! would be an appropriate location for this kind of store, and he asked if any community feedback had been collected and used in making that decision? Community Development Director Brown stated what had been considered by staff were possible locations. He noted the residents, at that time, had also suggested a requirement be enacted, in the form of a Zoning Ordinance, which would not allow a "cigarettes only" retailer within close proximity to a school, library, park, or residences. However, Mr. Brown pointed out there were very few areas of town where those conditions would be applicable. He reported staff had also looked at the other uses that are permissible in the Zoning District that includes the West End neighborhood, such SRCC MINUTES (Regular) 9/20/99 Page 2 SRCC MINUTES (Regular) 9/20/99 Page 3 things as liquor stores and other adult only uses, and staff had not felt it would be a simple matter to differentiate this type of use from others in that Zoning District. Councilmember Cohen stated it had been his understanding that the City had analyzed a number of Zoning Ordinances that had been put in place by other agencies, regulating tobacco only stores and other adult uses, and looked at some of the standard conditions that had been applied to limit those types of uses, such as proximity to schools, libraries, and parks. However, staff had found that none of the criteria in standard use, in any of those examples, would apply to this location; therefore, if the City had applied the same standards Oakland or Alameda were currently considering applying in their Zoning Ordinances, Cigarettes Cheaper! would still have been able to open in this location. Mr. Brown stated that was correct. He explained that in the City of Oakland, there was a Library with a children's reading room directly across the street from the site. Councilmember Phillips noted one of the concerns that had been expressed had to do with the definition of child care, and the issue of proximity. He asked staff to expand on that aspect. Community Development Director Brown stated that at the meeting of August 16th, staff had asked for clarification regarding the criteria for establishing restrictions on window advertising. He recalled that when the issue of day care had arisen, he had specifically asked whether or not Council was referring to permitted day care facilities, as there are certain types of day care for which the City does not require a permit, such as family day care centers. He reported the Council responded they were referring to day care centers for which use permits were required. Mr. Brown stated he had verified that the church across the street from this location did not have a use permit for a day care center. Councilmember Phillips asked, if staff had been aware of the facility at that location, would that have changed their viewpoint with regard to the issue of proximity? Mr. Brown stated it would not, once again pointing out they had been talking about the licensing requirement, a non -discretionary, staff -issued permit, and there are very defined requirements for that. He noted that when a permit is sent to the Community Development Department, they research their files within the proximity of that store to determine whether the City has issued permits for a day care center, and also look on the map to make sure there is not a school or park. He stated that was why staff had tried to be very specific about the type of day care facility, and whether or not the City had that information in its files, in order for staff to make a non - discretionary determination. Councilmember Phillips referred to the legal considerations, recalling it had been stated during discussion in the past that within the City limits, by law, Council would have to at least allow for, at some location, a store such as Cigarettes Cheaper!, if they had, in fact, applied. Assistant City Attorney Guinan reported cigarettes were a legally permitted commodity, noting it has not been determined that tobacco sales are illegal. As such, the City could not enact an Ordinance to prohibit the sale of cigarettes because the City would be facing Federal action for Restraint of Trade and other Commerce clause violations. City Manager Gould pointed out he and Community Development Director Brown had paid a visit to the Cigarettes Cheaper! store and spoke with the manager and the clerk, informing them that the City of San Rafael had adopted the strictest Ordinance it knew of to prohibit the sale of cigarettes to minors. He reported he gave them a copy of the City Ordinance regarding self -vending and the marketing and advertising of tobacco products, and informed them that the City would be watching. He also informed them that any complaint of a violation of these Ordinances would be met with investigation, and if found to be true, would warrant severe penalties up to and including revoking their business license and their right to do business in San Rafael. Mr. Gould noted they stated they understood the laws, and would live within them. Councilmember Cohen asked, if their license was revoked, and then during the intervening time the City adopted a policy of regulating tobacco sales or tobacco products in stores, would that then be applied to the store if they should reapply for a license after the period of the revocation? City Attorney Ragghianti stated staff would have to review the process that is utilized when revocation procedures are invoked. Mr. Cohen noted another point that had been raised was that this ought to be an ongoing item of interest for the City of San Rafael. He asked staff to continue to evaluate this issue; follow what is happening in Alameda and Oakland, regarding their ultimate outcomes; and analyze SRCC MINUTES (Regular) 9/20/99 Page 3 SRCC MINUTES (Regular) 9/20/99 Page 4 the additional information regarding Land Use regulation of tobacco sales. RE: AFFORDABLE HOUSING AT CONTEMPO MARIN - File 13-7-1 x 13-16 x 9-3-16 Tom Davis, resident of Contempo Marin and member of the Golden State Mobilehome Owners League Board of Directors, expressed appreciation for Council taking the first steps, during a recent Study Session, toward stricter mobilehome rent control. He urged Council to schedule this item for a public hearing as soon as possible, and to aim for an effective enactment date before the end of the year. He pointed out the affordable housing stock at Contempo Marin was under threat of being lost, reporting that the park owner was buying, and acquiring through eviction, many of the smaller, older, and less expensive mobilehomes, and replacing them with new manufactured homes selling for as much as $190,000, in addition to charging $700 per month ground rent. He stated this ceased to be affordable housing. Mr. Davis reported there were currently a dozen new units, at prices up to $190,000, being offered by the park owner for sale. He urged Council to consider taking measures that would halt the loss of affordable housing stock, on a temporary basis, allowing time to consider measures of a longer-term applicability, and suggested a temporary moratorium on new building permits for mobilehomes at Contempo Marin. City Manager Gould stated staff would be agendizing an amendment to the Mobilehome Rent Control Ordinance, which was discussed at the Study Session, at the earliest possible time. Mayor Boro asked staff to research the issue of a moratorium on the conversions. Mr. Gould stated that would be researched at the same time staff researches the practicality of the purchase of the park for tenant ownership. RE: MILL STREET SHELTER- File 9-3-30 x 9-3-16 x 233 Melany Kramer, resident of San Rafael, asked to address the Council. Mayor Boro cautioned Ms. Kramer that her complaints were still being investigated, and that it would not be appropriate, nor would Council want her to make allegations and name names on incidents that she may be aware of and Council is not. In addition, Council did not feel she should continue to make accusations against people who were not present to defend themselves. Mayor Boro pointed out the City was working with Ms. Kramer to investigate her complaints, and would get back to her as soon as the investigation was completed, stating it was his pledge that this would be done as quickly as possible. Ms. Kramer stated that after twenty-one months of requesting that Council direct the Police Department to conduct an investigation of Mill Street, she had yet again been threatened with arrest and questioned by a Police Officer. She stated she had been told there was no investigation, that she did not have any credibility, and that she was considered the problem, which has prompted her to make a claim against the City of San Rafael and Police Chief Sanchez. Mayor Boro asked City Manager Gould when the investigation was expected to be completed? Mr. Gould stated it was his understanding the investigation was complete, noting the City had conducted two investigations. Police Captain Tom Boyd reported Council had directed the Police Department to investigate this issue twice, once in 1998, and again as part of the investigation that is currently being completed. Captain Boyd stated that in the 1998 incident, Detectives from the Police Department's Detective Bureau investigated, and found no merit to the allegations. He reported there was another investigation regarding allegations made in August, noting Officer Holquin was conducting the investigation, which was almost completed. Captain Boyd stated the Police Department could not corroborate any of the allegations in this investigation, noting Ms. Kramer had come to the Police Department today, and he had informed her the investigation was completed, that the Department had found no merit to the allegations, and that there would be no further investigation. He stated the Police Department's findings had been the same in each of the investigations, and he had tried to bring some closure to this issue. br*)kiRVA kNYWWW"t l:i�i�jo� Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 3. Approval of Minutes of Regular Meeting of Monday, Minutes approved as September 7, 1999 (CC) submitted. 5. Resolution Confirming the Existence of a Local RESOLUTION NO. 10499 Emergency by the City of San Rafael in the Matter RESOLUTION OF THE CITY COUNCIL of Year 2000 (Y2K) Risks December 31, 1999/ OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/20/99 Page 4 SRCC MINUTES (Regular) 9/20/99 Page 5 January 1, 2000 (CM) - File 249 x 110 x 13-1 x 13-11 6. Report on Summary of Legislation Affecting San Rafael (CM) - File 9-1 7. Resolution of Appreciation to John Thibodeaux (CM) - File 102 8. Resolution to Support Increasing Protection of the San Francisco and San Pablo Bays in the Ca1Fed Draft Programmatic Environmental Impact Statement/Environmental Impact Report Process (CM) - File 135 x 9-1 9. Resolution Proclaiming September, 1999 Year -2000 Awareness/Preparedness Month (CM) - File 110 x 249 10. Resolution Authorizing Extension of Subdivision Agreement - "Map of Shoreline Center" (PW) - File 5-1-324 CONSENT CALENDAR (Continued): CONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY IN THE MATTER OF YEAR 2000 (Y2K) RISKS DECEMBER 31, 1999/JANUARY 1, 2000. Accepted report. RESOLUTION NO. 10500 RESOLUTION OF APPRECIATION TO JOHN THIBODEAUX. RESOLUTION NO. 10501 RESOLUTION TO SUPPORT INCREASING PROTECTION OF THE SAN FRANCISCO AND SAN PABLO BAYS IN THE CALFED DRAFT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT PROCESS. RESOLUTION NO. 10502 RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER, 1999 AS YEAR -2000 AWARENESS/ PREPAREDNESS MONTH. RESOLUTION NO. 10503 RESOLUTION AUTHORIZING EXTENSION OF SUBDIVISION AGREEMENT - "MAP OF SHORELINE CENTER"(Extended to and Including 9/23/2000). 11. Resolution Approving Agreement for the Conversion RESOLUTION NO. 10504 of Overhead Utility Facilities to Underground RESOLUTION APPROVING Utility Facilities Between City, P.G.& E., Pacific "AGREEMENT FOR THE CONVERSION Bell, and TCI (PW) OF OVERHEAD UTILITY FACILITIES - File 12-18 x 12-18-12 x 12-18-13 TO UNDERGROUND UTILITY FACILITIES" BETWEEN CITY, P.G.& E. PACIFIC BELL, AND TCI. 12. Resolution of Appreciation to the Friends of the RESOLUTION NO. 10505 - of the San Rafael Public Library (Lib.) RESOLUTION OF APPRECIATION TO - File 102 x 9-3-61 THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY. 13. Resolution Commending the Marin Literacy Program RESOLUTION NO. 10506 - and the Marin School Volunteers and Proclaiming RESOLUTION COMMENDING THE September 26th to October 2nd as Marin Literacy Week (Lib.) - File 102 x 110 x 9-3-61 MARIN LITERACY PROGRAM AND THE MARIN SCHOOL VOLUNTEERS AND PROCLAIMING SEPTEMBER 26TH TO OCTOBER 2ND AS MARIN LITERACY SRCC MINUTES (Regular) 9/20/99 Page 5 SRCC MINUTES (Regular) 9/20/99 Page 6 WEEK. AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller The following item was removed from the agenda for further discussion: 4. RESOLUTION DECLARING AN EMERGENCY WITH REGARD TO THE IMMEDIATE REPAIR OF THAT CERTAIN LEVEE ON LANDS OWNED BY KERNER BLVD., LLC (CA) - File 9-3-16 x 13-1 x 10-1 x 9-3-40 x 12-10 x 12-19 Public Works Director David Bernardi reported staff had visited this specific area with Jean Starkweather and others from the Marin Conservation League to look at the specific area of the Canalway levee in question. He stated they looked at the entire levee, including the spots where the rock needs to be added, and where fill needs to be added to raise the levee to Elevation 8, as recommended by the Engineers. Mr. Bernardi stated Ms. Starkweather had raised a number of concerns, including the need for a full-time inspector, to which staff agreed; the need to determine an appropriate access route to get the 600 yards of fill material and riprap out to the levee, to which staff agreed; and the need for any bonds that might be necessary to protect the City's interest if, in fact, trucks are driven over an area that is currently paved, such as the pedestrian paths along the Bayfront, to which staff also agreed. However, Mr. Bernardi stated that while staff agreed to all those conditions, it was not appropriate to make those conditions part of the Resolution declaring an emergency. He explained those conditions were more appropriately placed on the grading permit that will be issued by the Community Development Department, which was staff's intention. Mr. Bernardi noted that if Ms. Starkweather wished to look at the conditions before the permit is issued, staff would be happy to let her do so, to make sure she is comfortable with those conditions. Jean Starkweather, representing the Marin Conservation League, stated the League first heard about the project for repairing the levee over a year ago; therefore, they had been surprised to see this issue appear as an emergency item. Mayor Boro noted the Public Works Director had attempted to address Ms. Starkweather's concerns, and to incorporate them into the permit that will be issued at the time of the grading. He asked if that was sufficient? Ms. Starkweather stated the Marin Conservation League hoped to see those conditions endorsed by the City Council. She stated one of the conditions was the protection of the wetland vegetation, and noted they had been assured, when they were out on the levee, that work on the outside of the levee would not continue below high tide line, and inside the levee it would not continue down into the vegetation. She stated it was the inside of the levee they were concerned about, noting there was marsh vegetation all along the slope of the toe on the inside, which goes partway up the levee. She pointed out that not only was there bird life living in the Canalway, but also the Salt Marsh Harvest Mouse, which lives on the ground. She noted, as one of the biologists had pointed out in his report, in times of flooding they generally go to higher ground, such as in the vegetation up the sides of the levee. However, she stated this property was a little different, because the owner does not keep motor bikes and bicycles off the property, and people ride and do jumps in the mudflats and through the pickleweed. Ms. Starkweather explained that for an animal that is on the ground, and is an endangered species, they may need to be up in the vegetation on the levee, both in the dry season as well as the wet season; therefore, they were very concerned that the vegetation be left intact. She also reported the Consultant hired by the City had requested barrier fencing be added partway down the levee so there would be no spillage beyond the vegetation line. Ms. Starkweather stated they were concerned to first see this as "emergency repair", bringing the levee to eight feet, then as an "interim repair", bringing it to ten feet. She asked, if "interim" is ten feet, what will it be in the final repair? She stated they would like to have this all laid out. Ms. Starkweather pointed out this property was very sensitive wetland, located right in the middle of all the other wetlands along the shoreline, and it was the largest; therefore, with the endangered species issue as well, they wanted to provide a little public exposure to this issue. Mayor Boro asked Public Works Director Bernardi to recap the items that SRCC MINUTES (Regular) 9/20/99 Page 6 SRCC MINUTES (Regular) 9/20/99 Page 7 would be included in the permit itself, once it is issued. Mr. Bernardi stated there would be a full-time inspector, and he would be a biologist who would be able to determine the placement of the material so it will not endanger the wetlands on either side of the levee, primarily on the back side; access routes to and from the levee will be reviewed and determined by the City, and along with those access routes will be any bonding necessary, depending upon what route they take, because some of the trucks will be driving over paved pedestrian paths, and if the trucks break up the paths, the City will want them repaired; and lastly, a fence at the "toe", or back side of the levee, to ensure that no material will go out into the wetlands. He noted the fence would be removed upon completion of the work. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10507 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A LOCAL EMERGENCY AT THE CANALWAYS BAYFRONT LEVEE IN EAST SAN RAFAEL, AND AUTHORIZING DEVIATIONS FROM THE ZONING ORDINANCE TO PERMIT THE OWNER TO BEGIN IMMEDIATE BAYFRONT LEVEE REPAIRS (Conditions of the Grading Permit to include: 1) a full-time inspector (biologist) who will determine placement of the material, so as not to endanger the wetlands on either side of the levee; 2) access routes to and from the levee to be reviewed and determined by the City; 3) any bonds necessary to protect the City's interest if, in fact, the trucks are driven over areas that are currently paved, such as pedestrian paths on the Bayfront; and 4) a fence to be installed on the back side of the levee to ensure that no material will go out into the wetlands. The fence will be removed upon completion of the work). AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller SPECIAL PRESENTATION: 14 15. PRESENTATION OF RESOLUTION OF APPRECIATION TO JOHN THIBODEAUX (CM) - File 102 Mayor Boro reported that on July 7, 1999 Mr. Thibodeaux was driving on Los Ranchitos Road in San Rafael, and saw that the driver of a car that had stopped by the side of the road was shaking violently. Mr. Thibodeaux parked behind the woman, shut off her car, summoned aid, and stayed with her until help arrived. Mayor Boro stated Mr. Thibodeaux's intervention had a great impact on the driver being alive today. Mayor Boro further noted that Mr. Thibodeaux was a Campus Supervisor at Terra Linda High School, and also worked at Glenwood Elementary School. On behalf of the Council and the City of San Rafael, Mayor Boro presented Mr. Thibodeaux with a Resolution of Appreciation commending him for his wonderful efforts, calling out, in particular, the fact that he is a modern day good samaritan, and a model for all of us to follow. Mr. Thibodeaux thanked his family, and accepted the Resolution of Appreciation in honor of his mother, thanking her for bringing him up the right way, to help anyone who needs help. He also thanked the City of San Rafael for presenting him with the award. PRESENTATION OF RESOLUTION OF APPRECIATION TO THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY (Lib.) - File 102 x 9-3-61 Mayor Boro intoduced Pam Dixon and Lorraine Shaw, who accepted the City's Resolution of Appreciation on behalf of the Friends of the San Rafael Public Library. Mayor Boro stated the Friends of the Library, which have grown to approximately 500, donated over $100,000 to the City's Library, as well as many hours of work and effort. He noted that during the past year, there were over 1,000 volunteers, Citywide, who donated 66,000 hours working in all aspects of the City's government, and the Friends of the Library had volunteered a good portion of that effort. SRCC MINUTES (Regular) 9/20/99 Page 7 SRCC MINUTES (Regular) 9/20/99 Page 8 Mayor Boro announced that with the money the Friends of the Library had raised, the Library had been able to purchase furniture and equipment for computers, as well as additional books. He noted the Friends also conduct book sales, and really reach out to the community, and he believed the City's Library was one of its most cherished treasures. On behalf of the City Council, Mayor Boro presented the Resolution of Appreciation to the Friends of the Library. Pam Dixon thanked all of the Friends who work very hard and love their work. 16. PRESENTATION OF RESOLUTION COMMENDING THE MARIN LITERACY PROGRAM AND MARIN COUNTY SCHOOL VOLUNTEERS, AND PROCLAIMING SEPTEMBER 26TH TO OCTOBER 2ND AS MARIN LITERACY WEEK (Lib.) - File 102 x 110 x 9-3-61 Mayor Boro introduced Barbara Barwood and Lynn Moody of the Marin Literacy Program, explaining the Marin Literacy Program was a partnership between the City of San Rafael, the Public Library, and the Marin County Free Library, and has been in operation for fourteen years. He stated the Marin Literacy Program has done a tremendous job of reaching out to the community with respect to literacy, and continues to train and support volunteer tutors, to match tutors with learners for instruction, to empower parents to become their child's first and most important teachers, and to assist the schools in developing on-site volunteer programs. Mayor Boro stated they have done a tremendous job for the people in the community, noting this was a program everyone was very proud of, and thanked them on behalf of the City Council and the people of San Rafael. Barbara Barwood stated this was the first time the Marin Literacy Program had shared this honor, noting that in the celebration of Marin Literacy Week, the Marin Literacy Program was sharing this recognition with the Marin School Volunteers, a new organization, noting they were all supporting literacy throughout the County. She stated literacy begins with parents reading to children, noting the Adult Literacy Program has been around since 1985, and the Family Literacy Program since 1990. She reported they have served over 5,000 students, with over 4,000 trained volunteers. On behalf of the Marin Literacy Program, Ms. Barwood thanked the City Council for their support, and Vaughn Stratford, Library Director, for his support. Lynn Moody stated the Marin Literacy Program has only been in existence for two years, but noted they have 80 volunteers doing one-on-one tutoring in eight of San Rafael's schools. In addition, they have eight coordinators, and every volunteer who comes to one of San Rafael's schools is screened, fingerprinted, oriented, and trained. She stated they looked forward to having every member of the community participate in some way in helping to educate children. PUBLIC HEARING: 17. PUBLIC HEARING: (CD) - File 10-3 x 10-5 x 10-1 a. REQUEST TO AMEND THE SAN RAFAEL MUNICIPAL CODE ZONING ORDINANCE TO ADD "MINI -MARKETS", OR SIMILAR REVISION, TO TABLES 14.05.020, 14.05.022, AND 14.06.020 OF THE ZONING ORDINANCE'S COMMERCIAL AND INDUSTRIAL DISTRICT - TABLES OF PERMITTED USES AND TO ADD A DEFINITION FOR "MINI -MARKET", OR SIMILAR REVISION, IN CHAPTER 3, SECTION 14.03.030 (DEFINITIONS) OF THE ZONING CODE; b. PENDING APPROVAL OF THE ABOVE DESCRIBED ZONING ORDINANCE AMENDMENTS, A USE PERMIT IS REQUESTED FOR APPROVAL TO CONVERT THE SERVICE BAYS WITHIN THE EXISTING 1,606 SQUARE FOOT UNOCAL SERVICE STATION BUILDING INTO A MINI -MARKET AREA. THE SUBJECT PROPERTY IS LOCATED AT 1125 LINCOLN AVENUE IN THE 5/M/R/0 ZONING DISTRICT (APN 11-225-01 & 02), TOSCO CORPORATION, OWNER; MILTON G. BAYGELL, APPLICANT AND AGENT. Mayor Boro announced this Public Hearing was being continued from the meeting of 9/7/99, and remained open. SRCC MINUTES (Regular) 9/20/99 Page 8 SRCC MINUTES (Regular) 9/20/99 Page 9 Community Development Director Bob Brown explained this item had been continued from the last City Council meeting to allow staff an opportunity to research the State's preemptions regarding restrictions on the concurrent sale of alcohol and gasoline at service stations. Mr. Brown stated the City Attorney, in reviewing that legislation, reported the legislation does provide for a Use Permit to allow concurrent sale of alcohol or wine and gasoline at gas stations, and Mr. Brown noted this has been adopted by a handful of cities within the state. Mr. Brown explained the staff report recommended the draft Ordinance creating the definition of "mini -market" be returned to the Planning Commission for their consideration of adding the Use Permit requirement for concurrent alcohol and gasoline sales, and that the Use Permit for the mini -mart at the Unocal station at 1125 Lincoln Avenue be continued. However, since the Unocal operator has stated he has no intention of selling beer or wine at his mini -mart, Council also has the option of adopting the Ordinance now before them, and approving the Use Permit for the Unocal station, then directing staff to prepare an Ordinance change for concurrent gasoline and alcohol sales, for subsequent Planning Commission and City Council review, which would allow the Unocal station to become legal. Mr. Brown clarified the Ordinance change creating the definition of "mini -market" was a stand-alone item, and would have to be done in any event, even if the City were to modify its gas station use restrictions to require a Use Permit for concurrent sales. Mayor Boro stated he very much appreciated the work done by Mr. Brown and the City Attorney's Office with respect to this issue, noting they had given the City an additional set of tools it does not currently have. He urged staff to present them to the Planning Commission for approval, and bring them back to Council for adoption. Mayor Boro stated he was more than willing to support the two items now before the Council. Mayor Boro invited public comment. There being no public comment, Mayor Boro closed the public hearing. Councilmember Cohen asked, if Council were to act on the item currently before them, and then later change the Zoning Ordinance, would anyone who was already selling alcohol at a gasoline station be affected by the Ordinance change? Mr. Brown stated they would not, explaining it would only apply to those requesting the ability to sell alcohol in the future. Mayor Boro stated the City could not undo what was already done; however, this would give the City a "leg -up" for the future. He noted the current applicant has indicated he has no intention of selling alcohol at this time, and Mayor Boro stated he was taking him at his word; therefore, he believed the City should pass the Ordinance as soon as possible. a. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TABLES 14.05.020, 14.05.022, AND 14.06.020 AND SECTION 14.03.030 (DEFINITIONS) OF THE SAN RAFAEL MUNICIPAL CODE TO REVISE THE GASOLINE STATIONS SUBSECTION OF THE LAND USE TABLES IN THE ZONING CODE AND TO ADD A DEFINITION FOR "MINI -MARKET" Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1742 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller b. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution approving a Use Permit for a mini -market at 1125 Lincoln Avenue. RESOLUTION NO. 10508 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A USE PERMIT FOR A MINI- MARKET AT 1125 LINCOLN AVENUE (APN 11-225-01 & 02) . AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller SRCC MINUTES (Regular) 9/20/99 Page 9 SRCC MINUTES (Regular) 9/20/99 Page 10 NEW BUSINESS: 18. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE, SUNDAY, OCTOBER 10, THROUGH TUESDAY, OCTOBER 12, 1999 IN SAN JOSE, CALIFORNIA (CC) - File 9-11-1 Mayor Boro announced Councilmember Heller had indicated she would be attending this conference. Councilmember Phillips moved and Councilmember Miller seconded, to appoint Councilmember Barbara Heller as Voting Delegate to the League of California Cities Annual Conference on Sunday, October 10th through Tuesday, October 12th in San Jose, California. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL ER REPORTS: Cohen, Miller, Phillips & Mayor Boro None Heller 19. a. DESIGN AWARD PROGRAM - File 250 (Verbal) Mayor Boro announced staff was seeking a member of the City Council to serve on a Design Award Committee, which is to be comprised of representatives from the Design Review Board, Planning Commission, the Chamber of Commerce, and the community at large. He explained the committee would review nominations and submit them for recognition of good building designs in various categories throughout the community. Mayor Boro asked the Councilmembers to inform Assistant to the City Manager Lydia Romero if they are interested in representing the Council on this Committee. The Council voted unanimously to appoint Councilmember Barbara Heller to serve as the Council's representative on the Design Award Committee. b. RELIGIOUS HOLIDAYS - File 9-1 (Verbal) Acknowledging the requirements of the City Charter which specify when the City Council is to meet, Councilmember Cohen stated he felt it was inappropriate for the Council to meet on Yom Kippur, which is probably the most holy of Jewish holidays. He stated he had been attending Temple with his family, but had to leave in order to attend tonight's Council meeting, noting that in the future, he would prefer to find a way that he not be put in that conflicted situation. Pointing out the importance of this holiday, Mr. Cohen noted the City Council had presented an award earlier this evening to someone who had saved another person's life; however, the woman whose life had been saved had been unable to attend the presentation because of the holiday. He asked that closer attention be given to this matter, and for a way to be found to deal differently with the situation. Mayor Boro asked the City Clerk to pursue this matter for future years. There being no further business, the City Council meeting was adjourned at 9:15 PM. OPEN SESSION - COUNCIL CHAMBER Mayor Boro announced Closed Session items, and the City Council reconvened in Closed Session. At the conclusion, City Attorney Ragghianti announced no reportable action was taken. SRCC MINUTES (Regular) 9/20/99 Page 10 ADJOURNMENT: 10:00 PM. SRCC MINUTES (Regular) 9/20/99 Page 11 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1999 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/20/99 Page 11