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HomeMy WebLinkAboutCC Minutes 1993-01-19SRCC MINUTES (Regular) 1/19/93 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 19, 1993, AT 8:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 93-2(a) - #1 - Sidney Hendricks, et al vs. City of San Rafael, San Rafael Redevelopment Agency No. 93-2(b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 19, 1993, AT 8:00 PM Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE REQUEST TO SPEED UP PROCESS FOR MONTECITO NEIGHBORHOOD PLAN - File 227 Ian Young, resident of 60 Jewel Street and representative of the Planning Committee of the United Montecito Neighborhoods, stated they have been meeting regularly in preparation for the beginning of the development of the neighborhood plan for their area and anticipate its inception soon. He stated they sent a letter to each Councilmember with regard to: 1) They be included in the budget for the current year; and 2) They be informed of the action necessary on their part to facilitate this process. He noted that the Council will be hearing from the merchants at Montecito Center who are joining them in this request. CONSENT CALENDAR Councilmember Shippey moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2a. Approval of Corrections to Minutes of Regular Meeting of May 18, 1992 (CC) 4. Report on Bid Opening and Authorization to Purchase 1993 Seven Passenger Mini -Van for Police Department From Hansel Ford (Gen.Svcs.) - File 4-2-269 x 9-3-30 RECOMMENDED ACTION Approved corrections to to Minutes of 5/18/92. ADOPTED RESOLUTION NO. 8812 - AUTHORIZING THE PURCHASE OF OF ONE SEVEN -PASSENGER MINI VAN FOR POLICE DEPT. FROM HANSEL FORD (lowest responsible bidder, in the amount of $16,331.76) (COUNCILMEMBER SHIPPEY STATED FOR THE RECORD THAT HE HAD LISTENED TO THE MEETING TAPE OF THE PUBLIC HEARINGS HELD ON JANUARY 4, 1993 WITH REFERENCE TO THE FOLLOWING ORDINANCES AND WAS PREPARED TO VOTE;) 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. Approved final adoption of 1641 - DELETING SECTION 14.17.030 (EMERGENCY Ordinance No. 1641. SHELTERS FOR THE HOMELESS) OF CHAPTER 14 (THE ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE (Pl) - File 10-3 x 10-1 x 9-3-17 7. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. Approved final adoption of 1642 - AUTHORIZING THIRD AMENDMENT TO THE SMITH Ordinance No. 1642. RANCH HILLS DEVELOPMENT AGREEMENT (DELETING LOT 5A) (CA) - File 5-1-290 x 9-3-16 AYES: COUNCILMEMBERS: Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen & Mayor Boro SRCC MINUTES (Regular) 1/19/93 Page 1 SRCC MINUTES (Regular) 1/19/93 Page 2 The following items were removed from the Consent Calendar for discussion: 2b.APPROVAL OF MINUTES OF REGULAR MEETING OF DECEMBER 21, 1992 (CC) Vice -Mayor Breiner stated that because they had one Councilmember (Councilmember Shippey) who had been absent from the Regular Meeting of December 21, 1992, approval of Minutes of that meeeting would be held over to the Regular Meeting of February 1, 1993. 3.RESOLUTION ACCEPTING GRANT DEED FOR OPEN SPACE LANDS WITHIN OAKWOOD SUBDIVISION UNITS 1, 3, 4 AND 5 (PW) - File 5-1-244 Councilmember Thayer asked with regard to past complaints about this project involving whether the Conditions of Approval for the entire development had been enforced. Public Works Director Bernardi responded they have been enforced and are currently in compliance with all the Conditions, which is why this item was being brought to the Council at this meeting. Councilmember Thayer then asked about Unit 5. Mr. Bernardi explained Unit 5 was still under construction and they will not accept the open space around that until the work is completed and accepted. Mrs. Thayer stated some of the complaints on this project had to do with the unauthorized cutting of trees and the vegetation around Unit 5, which certainly would not be allowed now under the Hillside Standards which are designed to protect the natural vegetation of an area with some buffer for fire. Mr. Bernardi stated since this project was approved a long time ago, the standards by which projects are approved and the control staff has over them has increased substantially. He noted Mrs. Thayer's concerns will not happen due to having more inspectors on the job, as well, noting that part of the problem was these things were done when the City's inspector was not on site and the developers forgot to inform the inspector of what they were doing. Vice -Mayor Breiner asked if the Council refused to accept some of the space for the City, in general, and kept it with the homeowners' association. Mr. Bernardi responded affirmatively. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution accepting the grant deed. RESOLUTION NO. 8813 - ACCEPTING GRANT DEED FOR CLORINDA, UPPER TOYON, AND SPRING GROVE OPEN SPACE WITHIN THE OAKWOOD SUBDIVISION UNITS 1, 3, 4 AND 5 AYES: COUNCILMEMBERS: Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen & Mayor Boro S.RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN POLICE DEPARTMENT RECORDS (PD) - 9-3-30 Councilmember Thayer asked, with regard to records concerning police conduct prior to the five year time frame, if the Department had a situation where there have been many complaints on one particular officer did this mean that the records on this officer prior to five years would be destroyed? Chief Krolak responded this would be in their personnel files which are not included in the documents being destroyed which involve the actual investigation of crimes and not personnel actions. He stated the reason for this was that it would be difficult to use five year old complaints in a disciplinary action against an officer unless it was an on-going problem. Basically, the courts would not accept information of this nature from that far back in time on a current separate disciplinary problem. Mrs. Thayer asked if other cities keep their records similar to these personnel files on microfiche? Chief Krolak responded negatively, noting they routinely destroy their records as does San Rafael Police Department. Chief Krolak reiterated that the information needed for disciplinary actions would be kept in the personnel files. He stated the information in the files five years ago could not be used to discipline an officer now for past problems if their conduct had been good in the last five years. City Manager Nicolai explained that if it has been five years since the last disciplinary action and the officer has had not complaints since then, then legally the Department cannot use the prior information for present disciplinary actions. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution SRCC MINUTES (Regular) 1/19/93 Page 2 SRCC MINUTES (Regular) 1/19/93 Page 3 authorizing the destruction of certain police documents. RESOLUTION NO. 8814 - AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DOCUMENTS (authorized by California Government Code Section 34090) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 8.CITY COUNCIL REPORTS: Shippey, Thayer & Vice -Mayor Breiner None Cohen & Mayor Boro a. STATUS REPORT ON THE UPPER TOYON DRIVE REORGANIZATION #3 - 1992 - 5-2-91 Vice -Mayor Breiner stated there was a document distributed to Councilmembers stating the results of the last LAFCO meeting of January 7, 1993, wherein they denied without prejudice the application of residents on the upper Toyon Drive area who wanted to detach from San Rafael and join Ross. She stated the Ross Council had turned down this pre -zoning application. She indicated LAFCO took the position that they do not force an annexation to a community that does not want this specific area to annex to it. She explained the reason these residents wanted to transfer to Ross was due to the fact that Fire and Paramedic access was difficult and longer from San Rafael and would be faster coming from Ross. She stated the application was denied without prejudice so that the area could go back to Ross and attempt again to convince them to accept their area for these reasons. Councilmember Thayer asked, with regard to a similar problem, whether one of the reasons was that the public school system was better in the Ross area. Vice -Mayor Breiner stated there were already some inter -district transfers from this area to Ross and they do have access to the schools in Ross at this time because of the nature of the topography. b. STATUS REPORT ON THE ST. VINCENT de PAUL DINING ROOM ADVISORY COMMITTEE - File 10-2 x 9-2 Due to Councilmember Cohen's absence, City Manager Nicolai gave a report on this project. She stated after talking with Councilmember Cohen, he asked her to state that the Committee is continuing to review the 55 DeLuca site; however, there are some questions that have been raised by the residents in the Bret Harte neighborhood, as well as the PTA and administration and staff of Davidson Middle School about this site. She stated Mr. Cohen will be looking into these issues this week and will report back at the next meeting, February 1, 1993. ADD ITEM: I.PARAMEDIC CALLS TO NURSING FACILITIES, COUNTY JAIL AND JUVENILE HALL - File 9-3-31 Councilmember Shippey stated there were many calls to 911 from certain nursing facilities for the Fire Department to respond and requested a report on these calls and the number of responses by the Fire Department. City Manager Nicolai explained the Fire Chief was researching this issue and stated they were attempting to determine a more equitable way for these facilities to pay for service calls. Vice -Mayor Breiner asked that a report from the Fire Chief be brought back to Council prior to the Budget Hearings. There being no further business, the meeting was adjourned at 8:15 P.M. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1993 SRCC MINUTES (Regular) 1/19/93 Page 3 SRCC MINUTES (Regular) 1/19/93 Page 4 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/19/93 Page 4