HomeMy WebLinkAboutCC Minutes 2004-09-20SRCC Minutes (Regular) 09/20/2004 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 20, 2004 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
None
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:16 PM
a) LOCH LOMOND: - File 115 (2020)
Paul Clark, San Rafael, on behalf of Loch Lomond Homeowners Association, read a letter (distributed to
the City Council) addressing the issue of development at the Loch Lomond Marina, and urging the City
Council to revise the Draft General Plan 2020 to ensure that any development of the Marina was
appropriate for the site and would serve the Point San Pedro Peninsula communities and all the citizens
of San Rafael. He presented a folder containing signatures to a petition entitled "Save the Loch Lomond
Marina & Recreational Service" to the City Council.
Jeannie Cohn reported that over one thousand people signed the petition expressing disagreement with
replacing the existing maritime, commercial services and recreational facilities with a housing project at
the Loch Lomond Marina. Indicating that homeowners were canvassed and presented with the
opportunity of voicing their concerns, she reported there was almost 100% agreement to sign the
petition. Ms. Cohn noted that the signers included people from other areas concerned about losing the
existing but diminishing amenities and recreational activities provided by the Marina. She presented
Mayor Boro with a book by Dr. Robert O'Briant, entitled "The Birds of Loch Lomond Marina."
Alice Vipiana, San Rafael, explaining the petition was circulated simultaneously with polling people
regarding their concerns, indicated that the main concern voiced to her related to traffic. She reported
having informed residents that Third and Union is already designated as an unsafe area and while it
would have some improvements, this would slow traffic even more. Ms. Vipiana stated she called
attention to the fact that changes to be made would add to traffic, explaining that turn lanes only would
be added by removing the vegetation at the firehouse. She indicated that residents were shocked to
learn the intersection designation would be changed from LOS D to E without really creating any new
lanes, and it was her understanding that without finding a way to allow for more traffic at the Third and
Union Street Intersection, extra housing could not be allowed.
Martha McNear, Peacock Gap, expressed support for the housing development. She believed there
was ample room for more development, much more than proposed, and the City's interest would best
be served by providing affordable housing for all people. Indicating that the Canal area was a nice family
neighborhood, she noted some of the apartment buildings were in shambles and those people needed
good homes also. Ms. McNear believed the traffic concern could easily be overcome.
Mayor Boro stated that the first in a series of meetings (public hearings) would take place on Monday,
September 27, 2004, at 6:00 p.m., when the issue of Loch Lomond, together with other issues, would be
before Council, and he invited all to attend.
b) STRIKE FIRST POLICY: 9-1
John Jenkel, Greighton, requested Council support for the petition repealing Strike First Policy.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Heller seconded, to approve the Consent Calendar, as
follows:
ITEM
Approval of Minutes of Regular Meeting of
Tuesday, September 7, 2004 (CC)
RECOMMENDED ACTION
Minutes approved as submitted.
SRCC Minutes (Regular) 09/20/2004 Page 1
SRCC Minutes (Regular) 09/20/2004 Page 2
2. Resolution Approving and Authorizing the Mayor
RESOLUTION NO. 11633 —
to Execute a Termination of a Covenant Running
RESOLUTION APPROVING AND
with the Land Owned by Faith Lutheran Church
AUTHORIZING THE MAYOR TO
and Located at 515 Northgate Drive, San Rafael
EXECUTE A TERMINATION OF A
(APN: 175-060-54) (CD) — File 10-3 x 4-10-21
COVENANT RUNNING WITH THE
LAND OWNED BY THE SIERRA
PACIFIC SYNOD OF THE
EVANGELICAL LUTHERAN CHURCH
IN AMERICA, AS SUCCESSOR IN
INTEREST TO FAITH LUTHERAN
CHURCH AND LOCATED AT 515
NORTHGATE DRIVE, SAN RAFAEL
(APN: 175-060-51 AND 54)
3. Summary of Legislation Affecting San Rafael
Accepted report.
(CM) — File 116 x 9-1
4. Resolution Authorizing the Application for
RESOLUTION NO. 11634 —
California Cultural And Historical Endowment
RESOLUTION AUTHORIZING THE
Grant Funds Under the California Clean Water,
APPLICATION FOR CALIFORNIA
Clean Air, Safe Neighborhood Parks, and
CULTURAL AND HISTORICAL
Coastal Protection Act of 2002 (CS) —
ENDOWMENT GRANT FUNDS
File 202 x 9-3-84 x 9-3-65
UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE
NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF
2002
5. Resolution Authorizing the City of San Rafael to
RESOLUTION NO. 11635 —
Participate in the State Electronic Waste
RESOLUTION AUTHORIZING THE
Recovery Payment Program (FD) — File 9-3-31
SAN RAFAEL FIRE DEPARTMENT TO
PARTICIPATE IN THE STATE
ELECTRONIC WASTE RECOVERY
PAYMENT PROGRAM
6. Resolution Approving the Law Enforcement and
RESOLUTION NO. 11636—
Rotation Towing Service Schedule of Fees (MS)
RESOLUTION ESTABLISHING A
— File 9-10-2 x 9-3-87 x 9-3-30 x 11-8
SCHEDULE OF FEES FOR LAW
ENFORCEMENT AND ROTATION
TOWING SERVICES
7. Resolution Authorizing an Agreement with Hilton,
RESOLUTION NO. 11637—
Farnkopf and Hobson, LLC to Perform a Review
RESOLUTION AUTHORIZING AN
of Marin Sanitary Service's 2005 Rate
AGREEMENT WITH HILTON,
Application (MS) — File 4-3-306 x 4-3-32
FARNKOPF & HOBSON, LLC TO
PERFORM A REVIEW OF MARIN
SANITARY SERVICE'S 2005 RATE
APPLICATION
8. Report on Bid Opening and Resolution Awarding
RESOLUTION NO. 11638 —
Contract for "Street Resurfacing 2003/2004",
RESOLUTION AWARDING THE
Project No. 11024-02, to Ghilotti Construction
CONTRACT FOR STREET
Company. (Bid Opening Held on Tuesday,
RESURFACING 2003/2004, PROJECT
September 14, 2004) (PW) —
NO. 11024-02, TO GHILOTTI
File 4-1-571 x 11-15 x 9-3-40
CONSTRUCTION COMPANY, IN THE
AMOUNT OF $909,490.86 (lowest
responsible bidder)
9. Report on Bid Opening and Resolution Awarding
RESOLUTION NO. 11639 —
Contract for Two (2) Harley Davidson FLHPI
RESOLUTION AWARDING
Road King Motorcycles, Project No. 600-44-
CONTRACT FOR TWO HARLEY-
46001-9270, to Golden Gate Harley-Davidson.
DAVIDSON FLHPI ROAD KING
(Bid Opening Held on Tuesday, September 14,
MOTORCYCLES TO GOLDEN GATE
2004) (PW) — File 4-2-332 x 9-3-30 x 9-3-40
HARLEY-DAVIDSON IN THE
AMOUNT OF $32,462.43 (only bidder)
SRCC Minutes (Regular) 09/20/2004 Page 2
AYES:
NOES:
ABSENT:
ABSTAINING:
PUBLIC HEARING:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
SRCC Minutes (Regular) 09/20/2004 Page 3
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
Miller (from item #1 only, due to absence from
meeting of 9/7/04)
10. PUBLIC HEARING RE FAIR POLITICAL PRACTICES COMMISSION REQUIREMENTS —
2004: (CA/CC) — FILE 9-4-3
a) CONSIDERATION OF ADOPTION OF AN ORDINANCE OF THE CITY OF SAN
RAFAEL REPEALING CHAPTER 2.10 OF THE SAN RAFAEL MUNICIPAL CODE
AND ENACTING A NEW CHAPTER 2.10 OF THE SAN RAFAEL MUNICIPAL CODE,
TO PROVIDE A CONFLICT OF INTEREST CODE PURSUANT TO GOVERNMENT
CODE SECTION 87300
b) RESOLUTION REPEALING RESOLUTION NO. 11173 AND ADOPTING A REVISED
LIST OF DESIGNATED POSITIONS AND A LIST OF DISCLOSURE CATEGORIES
Mayor Boro declared the public hearing opened.
City Clerk Jeanne Leoncini stated the recommendation before Council this evening addressed
two distinct matters: Replacement of an outdated Conflict of Interest Ordinance in the Municipal
Code (Chapter 2.10) with a "model" Conflict of Interest Code, and the bi-annual review and
revision of the Conflict of Interest Code.
Ms. Leoncini explained that the "Conflict of Interest Guidelines" currently contained in the
Municipal Code Chapter 2.10 are outdated and no longer applicable due to the State's
enactment in 1974 of the Political Reform Act. She stated that in compliance with that Act, the
City has, in every even -numbered year, reviewed and revised, by Resolution, its Conflict of
Interest Code; however, the old, outdated ordinance remained on the books.
Ms. Leoncini reported that this year, the Assistant City Attorney thought it high time (after thirty
years) to repeal the outdated ordinance, thereby eliminating any confusion as to exactly what
the City's Conflict of Interest regulations are. She stated the new Chapter 2.10 incorporates the
Fair Political Practices Commission's Model Conflict of Interest Code, thus ensuring the City's
compliance with state law. Ms. Leoncini indicated that a copy of the updated Conflict of Interest
Code, as contained in FPPC (Fair Political Practices Commission) regulation 18730, would be
available for review in the City Clerk's office. She indicated that a complete copy of the model
code was attached to the staff report.
Additionally, Ms. Leoncini stated that the resolution presented for adoption this evening
addresses the bi-annual review of the "designated positions" (the employees and officials who
must disclose their personal financial interests) and "disclosure categories" (the particular
economic interests that must be disclosed by particular employees and officials). She indicated
that the PRA (Political Reform Act) requires every local governmental agency to perform this
review and, if necessary, to revise its Conflict of Interest Code every even -numbered year.
Ms. Leoncini reported that this year there are no changes to the City's list of disclosure
categories; however, there are some changes to the City's list of designated employees, due to
changes in job titles, the elimination of some positions and the creation of new positions, all of
which reflect changes to the City's organizational structure made during the past two years.
She noted that employees covered by these changes were contacted and sent copies of the
staff report, including notice of public hearing.
There being no comment from the audience, Mayor Boro closed the public hearing.
Mayor Boro noted that even though the ordinance already in existence was out of date, the City
had been in compliance. Assistant City Attorney Gus Guinan confirmed for Mayor Boro that
this was merely cleaning up an old ordinance.
Regarding FPPC filing by the Planning Commission, Ms. Leoncini confirmed for
Councilmember Heller that they file their originals with the City Clerk's Office, which are
subsequently submitted to the State.
a) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 2.10 OF THE
SAN RAFAEL MUNICIPAL CODE AND ENACTING A NEW CHAPTER 2.10 OF THE SAN
RAFAEL MUNICIPAL CODE, TO PROVIDE A CONFLICT OF INTEREST CODE
PURSUANT TO GOVERNMENT CODE SECTION 87300"
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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. 1830 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b) Councilmember Heller moved and Councilmember Phillips seconded, to adopt the
Resolution.
RESOLUTION NO. 11640— RESOLUTION REPEALING RESOLUTION NO. 11173
AND ADOPTING A REVISED LIST OF DESIGNATED POSITIONS AND A LIST OF
DISCLOSURE CATEGORIES TO BE INCORPORATED INTO THE CITY'S CONFLICT OF
INTEREST CODE
The Business Improvement District (BID) being a committee of the City Council,
Councilmember Phillips questioned whether it was relevant they be included in FPPC filing.
Assistant City Attorney Gus Guinan stated that this question was raised in the past two
months and staff was in the process of researching the issue. He suspected they would be
required to file; however, the decision had not formally been rendered. Councilmember
Phillips confirmed with Mr. Guinan that should the BID be required to file, staff would return
the issue to Council.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
11. CONSIDERATION OF ADOPTION OF RESOLUTION GRANTING A PERMIT TO ALLOW
ST. ISABELLA'S SCHOOL TO HOLD A CARNIVAL OCTOBER 8 — 10, 2004, WITH RIDES
PROVIDED BY BUTLER AMUSEMENTS, AN ASTRO JUMPY, GAMES, FOOD, BEER AND
WINE (CD) — FILE 9-10-5 x 9-3-85
Associate Planner Raffi Boloyan stated this was the third annual carnival, and since last year,
staff had not received any negative comments from adjoining neighbors. He indicated that two
letters in support of the carnival were received, one included with the packets and the other
distributed to Councilmembers this evening.
Mr. Boloyan stated that staff recommended adoption of the resolution with the condition that
carnival rides be placed 50 -feet from the neighboring property lines, together with the previous
years' conditions.
Mr. Boloyan indicated that a St. Isabella's representative (Monica Rizzo) was present should
there be questions.
Councilmember Heller stated the carnival appeared to be lucrative and successful.
Monica Rizzo reported the carnival was moderately successful financially; however, hugely
successful as a community event. She stated it was profitable, brings a lot of people from
outside the parish, and the school received a lot of new applicants as a result.
Councilmember Phillips stated he had received some telephone calls expressing concern
Regarding parking, he understood that last year a good job was done of monitoring parking and
he invited Ms. Rizzo to respond. Ms. Rizzo stated it was her understanding that no parking
spills off the St. Isabella's property. The location could accommodate a lot of parking and there
were volunteers directing traffic and parking.
Councilmember Phillips indicated that the second concern related to the hours, and he
confirmed with Ms. Rizzo that these were similar to last year. While not advocating this, he
stated there was a slight plea to reduce the hours this year.
Finally, he stated one of the rides last year near the fence was pretty dominant. Ms. Rizzo
indicated this probably was the "Super Slide" which is tall and non-mechanical, and the
organizers ensured this would be 50 -feet from the fence. Councilmember Phillips stated the
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SRCC Minutes (Regular) 09/20/2004 Page 5
problem was that because of its height and lights, it towered over a number of residences, and
he questioned whether it could be relocated. Ms. Rizzo indicated that she was unsure of what
rides Butler Amusements would bring this year; however, should this particular ride be included,
she would request that it be set up elsewhere. She confirmed that this ride has no mechanical
features and is absolutely silent; however, Councilmember Phillips noted that some participants
tended to scream as they descended.
As some students accompanied Ms. Rizzo, Councilmember Cohen sought an assurance that
there be no conflict with soccer schedules that weekend.
Mayor Boro reported that he and Councilmember Miller dropped by last year. He cautioned
against having a low ride within 50 feet that was noisy mechanically, and looked to the
organizers to use their judgment in an attempt to diffuse the noise and physical intrusion as
much as possible.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the resolution.
RESOLUTION NO. 11641 — RESOLUTION APPROVING A PERMIT TO ALLOW
ST. ISABELLA'S SCHOOL TO HOLD A CARNIVAL
OCTOBER 8 TO 10, 2004, AT ONE TRINITY WAY
(APNS: 175-181-25 AND 27)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro announced that last Saturday, his 6 year-old granddaughter scored a (soccer) hat
trick (3 goals), to lead her team to a 3:1 victory.
He thanked Ms. Rizzo for her help and the good product she brought to her community.
CITY MANAGER'S REPORT:
12. None.
COUNCILMEMBER REPORTS:
13. League of California Cities Annual Meeting:- File 9-11-1 x 9-1 (Verbal)
Councilmember Heller reported having attended the League of California Cities Annual
Meeting last weekend, the second and third days of which she thought were excellent.
Acknowledging Leon Paneta as a most outstanding speaker, she indicated he was in
agreement with the local Initiative. She encouraged any attempt to bring him into the area and
commented that anyone having the opportunity to listen to any of his discussions on world
affairs, should avail themselves of it.
There being no further business, the City Council meeting was adjourned at 8:48 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12004
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 09/20/2004 Page 5