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HomeMy WebLinkAboutCC Minutes 1991-12-02SRCC MINUTES (Reg -gar) 12/2/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 2, 1991, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-23(a) - #7 No litigation was discussed. Mayor Boro announced that the Council would reconvene to Closed Session after the City Council meeting for further discussion of labor negotiations. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 2, 1991, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Tessie Belue, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE DRAFT EIR FOR SAN QUENTIN PRISON EXPANSION - File 10-2 x 10-6, Harry Winters expressed concern about a Draft Environmental Impact Report for San Quentin Prison Expansion Program, pointing out that there is a comment period to December 24, 1991, with the County public meeting to be held on December 17, 1991. He stated he had not heard any discussion at City level in San Rafael on this issue, even though the program will have an impact on the community. Planning Director Pendoley responded that staff has just received copies of the Draft EIR and Principal Planner Freitas is reviewing it at present. A report will be made at the next Council meeting on December 16, 1991. He added that if any members of the public have concerns on any issues, they may contact him or Ms. Freitas. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM 4. Resolution Authorizing Staff to Apply to the Marin Community Foundation for an Arts and Humanities Grant to Support Falkirk Exhibitions and Educational Programs (Cult.Affs.) - File 9-3-84 x 202 5. Claims for Damages: a. Badruddin Gilani (PW) Clain No. 3-1-1577 b. Andrew Piggot (PW) Claim No. 3-1-1579 RECOMMENDED ACTION RESOLUTION NO. 8571 - AUTHORIZING STAFF TO APPLY TO THE MARIN COMMUNITY FOUNDATION FOR AN ARTS AND HUMANITIES GRANT TO SUPPORT FALKIRK EXHIBITIONS AND EDUCATIONAL PROGRAMS Approved Insurance Consulting Associates', Inc., recommendation for denial of Claims a, b & c. C. Noboru Doioka, John Doioka & Robert Doioka (PW) Claim No. 3-1-1582 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for further discussion: SRCC MINUTES (Regular) 12/2/91 Page 1 SRCC MINUTES (Regular) 12/2/91 Page 2 2. APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 18, 1991 (CC) Councilmember Breiner stated she would like the last sentence on Page 6 revised to read, "She stated her impression is that the ABAG proposal would not create a situation wherein a community is forced to accept a development it does not desire". 3. W Councilmember Thayer referred to the next -to -last paragraph on the same page, and requested that the second sentence be changed to read, "She stated she can see regional planning where air quality, water and transportation are concerned". Councilmember Breiner moved and Councilmember Shippey seconded, to approve the Minutes of November 18, 1991, as amended. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: Breiner, Shippey, Thayer & Boro None None Cohen - due to absence from meeting AUTHORIZATION FOR DESTRUCTION OF CERTAIN POLICE DEPARTMENT DOCUMENTS (PD) - File 9-13 Councilmember Thayer questioned the destruction of personnel records, which would be necessary in the event people were seeking other employment. City Manager Nicolai responded that there will still be a record that the person had been employed by the Department, but the background information is kept in the Police Department and is confidential. Councilmember Thayer stated that if the people who had been employed in our Police Department are going to another Police Department, the other department would be entitled to the background information. Ms. Nicolai responded that most of the records on this list involve people who have been gone for a long time, and nothing more recent than 1987 will be destroyed. Mayor Boro inquired if the City destroys the records of other personnel, or just the Police. Ms. Nicolai responded that miscellaneous employees' records are microfilmed, but they do not have to go through the same process for destruction. Assistant City Attorney Belue stated that her recommendation is that the records be kept for a period to conform to the statute of limitations, and the policy on Police employees is the same as on miscellaneous employees. Mayor Boro inquired why this issue only covers Police personnel, and Ms. Belue responded that they are the only ones who requested authorization. Councilmember Cohen noted that one name on the list shows a termination date of 1988, and if the date is correct that name should be dropped from the list. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution authorizing destruction of the documents. RESOLUTION NO. 8572 - AUTHORIZING THE DESTRUCTION OF CERTAIN POLICE DEPARTMENT DOCUMENTS AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - CONSIDERATION OF ADOPTION OF RESOLUTION TO INCREASE EXPIRED METER, OVERTIME METER PARKING, OVERTIME PARKING AND OTHER PARKING VIOLATIONS' (Fin) - File 11-18 x 9-10-2 Mayor Boro declared the Public Hearing opened. Finance Director Coleman briefed the Council, stating that the staff recommendation is that all parking citations be increased $5.00 across the board, except for six which are listed in his staff report. He also pointed out that there is a revised Resolution, different than the copies sent with the packets. The first one is the For Sale item, where the first Resolution called for a bail fee of $17, which was a clerical error and should have been $75. Also in the revised Resolution are separate bail schedules for the green, yellow and white zones, but he has since found out that there will not have to be a change in the Municipal Code for these fees, so they are included in the Resolution as $20 for the red zone, and the other zones to be $17. The third change is a SRCC MINUTES (Regular) 12/2/91 Page 2 SRCC MINUTES (Reg,;iar) 12/2/91 Page 3 "No Parking Anytime" bail schedule, since after talking with the Police Department they recommended that schedule be changed to $20, whereas the original recommendation was $17. The Police Department felt that violation should be treated the same as a red zone. Mr. Coleman reported that as a result of conferences with Lt. Cronin and Sgt. Juge of the Police Department, the following additional changes are recommended: Current Recommended Tow Away Zone $12 $25 Red Zone $12 $20 Abandoned Vehicle $52 $75 72 -Hr. Violation $52 $75 6 -Feet Center of Road $ 7 $20 For Sale $12 $75 Councilmember Shippey noted that there is no reference to handicapped parking zones or false use of handicapped placards. Mr. Coleman explained that those are State Vehicle Code violations. Acting Police Chief Robert Krolak noted that those are under the Department of Motor Vehicles, because they have all of the records on handicapped permits, and they have investigators for that duty. Councilmember Breiner inquired if our fee for abandoned vehicles could be higher than $75, since she noted that the County charge is $100, and that Belvedere, Tiburon and San Anselmo charge $200. Mr. Coleman responded that the recommended amount was decided upon in conference with Lt. Cronin and Sgt. Juge. He noted that some of the cities are writing citations under the State Vehicle Code. Acting Chief Krolak noted that there is the 72 -hour violation, but the abandoned vehicle can become a legal matter. Ms. Breiner recommended that the abandoned vehicle situation be closely watched, and it would be interesting to see if the $75 fee discourages people. Councilmember Cohen suggested that the Police could write a 72 -hour ticket and then another for abandonment after that period of time. Capt. Krolak observed that many times people are willing to give up the vehicle rather than pay the fine. Mr. Cohen inquired if the For Sale fines are for legally parked vehicles. Mr. Coleman stated that the intent of whether they are parked for sale is a gray area, and the officer writing the ticket has to make an assumption on the intent of the owner. Capt. Krolak stated that the wording of the Ordinance is ambiguous, which makes the enforcement difficult, since the intent is difficult to determine. Mayor Boro noted that the County has cracked down on the volume of car sales in Strawberry and in Kentfield. Capt. Krolak stated that the officers will not bother one car, but if there are more than one they will issue citations. Mayor Boro stated he would like this one bail held back and kept at the current rate until the Code is clarified. Ms. Nicolai stated they could go ahead and adopt the bail schedule, and then revise it so the language is much clearer, and no tickets would be issued until that is clarified. Mayor Boro agreed on this approach. Jack Krystal informed the Council he was surprised at these amounts, and noted there are many other places where people can go and not pay any parking fee. He feels that the higher fees will result in people not coming to San Rafael to shop. Doretta Boehm, a member of the Board of Directors of the Downtown Merchants Association, agreed with Mr. Krystal, and stated that if a customer received one $15 overtime parking ticket they would not come back to San Rafael to shop. Bettina Boehm, co-owner of Bettina's Intimate Apparel, stated she wishes the merchants could buy a permit for parking, since they have to move their cars every few hours. Marian Manda, owner of retail store on Fourth Street, stated she can understand fines for abandoned vehicles, but that her customers get very annoyed when they get overtime parking tickets. There being no further public input, the Public Hearing was closed. SRCC MINUTES (Regular) 12/2/91 Page 3 SRCC MINUTES (Regular) 12/2/91 Page 4 Mayor Boro asked Mr. Coleman to review the shortfall which prompted this change, due to the State legislation as a result of the State Budget, where the Marin cities are required to pay the County an additional $3.50 for each parking citation paid to each jurisdiction. He asked for a figure on the shortfall as a result of the requirement. Mr. Coleman responded that if we did not increase any of these fees we would have a shortfall of approximately $110,000. He added that the effective date of this requirement is December 1, 1991. Mayor Boro inquired if the bulk of tickets written are for expired meters, and Mr. Coleman responded he does not have the figures, but the highest percentage of tickets is for expired meters. Councilmember Thayer stated she would like to know the ratio on the amounts on the various kinds of tickets. She noted that when the Downtown Steering Committee went to Mountain View to look at their downtown area and get ideas regarding San Rafael, they found Mountain View does not have parking meters at all. The group found that the merchants rent the parking lots, and pass the cost off to the shoppers, so it is really not free parking. Ms. Thayer inquired if it is necessary to vote on this issue tonight. Mayor Boro noted that at the present time we are having the parking fee holiday, but if the Council is ready to vote, it should be done tonight. Ms. Nicolai stated that the issue is getting the tickets printed with the bail schedule on them. Mayor Boro noted that in Mountain View the property owners pay $600 per year, and there are also overtime parking fees in the lots, so the parking is not actually free. Councilmember Breiner noted that the overtime parking fee is currently $10, and is recommended to go up to $15, and she wondered how long it has been since that fee was raised. Mr. Coleman responded it was raised about three years ago. Ms. Breiner remarked that currently we pay $1.50 to the County, but that is going to be raised to $5. She stated that if we did not raise the overtime parking fee the full $5, the money which goes into our Parking District would drop. Mayor Boro noted that the pass-through to the County is $3.50, and the $1.50 is characterized as catching up with the administrative cost. Mr. Coleman added that the Parking Citation goes into the General Fund, and the meter money goes into the Parking District Fund, so the Parking Citations we are talking about tonight directly impact the General Fund. Councilmember Cohen inquired of Mr. Coleman if he could put a dollar figure on the amount over and above the pass-through to the County, on the expired meters. Mr. Coleman responded that the total number of citations written in the past year is about 32,000, and a very high percentage would involve expired or overtime meters. If 25,000 to 30,000 were in that category it could amount to $25,000 to $30,000. Mr. Cohen stated this is an additional burden, and he feels that, given the City's financial situation, we can not afford to absorb that. However, the potential impact it would raise on the Downtown area is a valid point. Mayor Boro noted that staff had recommended a $4.00 increase at the last Council meeting, and the Council had agreed on $5.00. Councilmember Shippey stated he feels we should not put the blame for this issue on other agencies, in this case the County. Councilmember Breiner noted that she had been supportive of the $5.00 raise earlier, but this could be somewhat prejudicial. Mayor Boro noted, for Mr. Cohen's benefit, that at the last meeting the Finance Director stated he had written to the Chamber of Commerce and all of the merchants, and had almost no response except Mr. Krystal's. Councilmember Breiner moved and Councilmember Cohen seconded, to adopt the revised Resolution, and that the expired meter bail be set at $14 and the other fees remain as recommended. RESOLUTION NO. 8573 - AMENDING RESOLUTION NO. 7859 SETTING NEW BAIL SCHEDULE FOR CERTAIN MUNICIPAL CODE PARKING VIOLATIONS (as amended, reducing the Expired Meter Fee from $15.00 to $14.00) SRCC MINUTES (Regular) 12/2/91 Page 4 SRCC MINUTES (Regular) 12/2/91 Page 5 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. PUBLIC HEARING - (UP91-18� - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT FOR SECOND U IT; 111 GLEN PARK AVENUE; ALAN BURSCH/JAMES RADU, APPLICANTS; LISA LEE/JEFF MULANAX, APPELLANTS; AP #15-033-35 (P1) - File 10-5 Planning Director Pendoley informed the Council that the Appellant had withdrawn the Appeal. 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1611 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING PORTIONS OF TITLE 10, BUSINESS LICENSE, CHAPTER 10.40.010, SECTION E. BUSINESS, SECTION R. PART-TIME OR TEMPORARY EMPLOYEES, SECTION Y. GROSS RECEIPTS; CHAPTER 10.04.030, SECTION B. EXCLUSIONS; CHAPTER 10.04.100, LICENSE FEES PAID IN ADVANCE; CHAPTER 10.04.105, LICENSE TAXES; AND ADDING CHAPTER 10.04.010, SECTION BB. COST OF OPERATIONS; AND CHAPTER 10.04.106, FLAT FEE LICENSE TAX (Fin) - File 9-10 x 9-10-2 Councilmember Cohen noted for the record that, although he was not present at the meeting where this Ordinance was passed to print, he has reviewed all staff reports on this item, has read the Minutes and listened to the tape, and is therefore qualified to vote on this issue. Mayor Boro and Councilmember Breiner left the meeting, due to conflict of interest, and Councilmember Thayer presided as Acting Mayor. Finance Director Coleman reported that he had received a phone call from PG&E, stating that they agree with the City Attorney's position on this issue, and they would not be present at the meeting nor would they object to the wording of the Ordinance. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING PORTIONS OF TITLE 10, BUSINESS LICENSE, CHAPTER 10.04.010, SECTION E. BUSINESS, SECTION R. PART-TIME OR TEMPORARY EMPLOYEES, SECTION Y. GROSS RECEIPTS; CHAPTER 10.04.030, SECTION B. EXCLUSIONS; CHAPTER 10.04.100, LICENSE FEES PAID IN ADVANCE; CHAPTER 10.04.105, LICENSE TAXES; AND ADDING CHAPTER 10.04.010, SECTION BB. COST OF OPERATIONS; AND CHAPTER 10.04.106, FLAT FEE LICENSE TAX". Councilmember Shippey moved and Councilmember Cohen seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1611 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey & Acting Mayor Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Breiner & Mayor Boro - due to potential conflict of interest. (Mayor Boro and Councilmember Breiner returned to the meeting.) 9. ST. VINCENT DE PAUL ADVISORY COMMITTEE (P1) - File 10-2 x 10-6 x 9-2 Planning Director Pendoley gave a further report on the St. Vincent de Paul Advisory Committee, noting that since the Council had authorized the formation of the Committee on November 18, 1991, the Planning Commission has appointed Commissioner O'Brien as their representative and the Downtown Plan Committee has appointed three members. There will be two members of the St. Vincent de Paul Board of Directors and one member of the Homeless Area Task Force. Mr. Pendoley recommended that when the latter members are nominated they be approved. He then addressed the three residents/business/property owners who will be appointed from the host neighborhoods. Staff is recommending that no appointments be made for this category until possible host neighborhoods are identified. Mayor Boro noted that at the next Council on the appointments of Councilmembers to He stated the Council appointment to the that time. meeting they will hopefully be deciding the various standing committees. Committee will be taken care of at Councilmember Cohen expressed concern about bringing in the neighborhood people later in the process. He stated he understands the intent is to wait until SRCC MINUTES (Regular) 12/2/91 Page 5 t SRCC MINUTES (Regular) 12/2/91 Page 6 the neighborhoods have been identified, and when the host neighborhoods have been identified the representatives should be appointed as soon as possible. City Manager Nicolai responded that staff has thought of that, but if you appointed people who turn out not to be in a host neighborhood you would have too large a committee when the host neighborhood people are added. She said she would like to have a core group to pick alternative sites, in the form of a task force to start. Mayor Boro stated that the first thing such a group would do would be to consider where the host neighborhoods might be, and once that has been identified they could come back to the Council and get the representation at that time. He stated there will be a Council representative on the Committee to make sure we are global in our research. The Council then discussed the possibility of sending letters to all neighborhoods to inform them of the project, and have a list of interested residents to draw on when the sites have been selected. There was discussion of whether the search would be City-wide, or just south of Puerto Suello Hill, and it was agreed that it should be City-wide, but not in the "B" Street area. Mayor Boro stated that the St. Vincent de Paul group should take the lead, and work with the Redevelopment staff to see where the potential sites are. He stated it would not be a selection committee, but a search committee, and after possible sites are identified we could look to the neighborhood representation. Ms. Breiner stated it would delay the process if we do not have names in place, and Ms. Nicolai responded that once a site is being considered, you will not have a problem finding representatives. Councilmember Cohen inquired if it is firm that it will not be in the Gerstle Park area, and Mayor Boro explained about St. Vincent de Paul dropping both of their options on the properties they were considering purchasing in the "B" Street area. Councilmember Thayer moved and Councilmember Shippey seconded, to accept the staff recommendations. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. CITY COUNCIL REPORTS a. REPORT ON BUDGET FOR IMPLEMENTATION OF THE 1992 CONGESTION MANAGEMENT PLAN - File 170 Mayor Boro discussed the possibility of using Proposition 111 funds for the Congestion Management Plan. He recommended going ahead with the recommendation received from the County Public Works Director, to support the proposal to use the Proposition 111 funds for this Plan. Councilmember Breiner moved and Councilmember Cohen seconded, to support the recommendations of the County Public Works Director. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. CORRESPONDENCE FROM MILL VALLEY MAYOR DICK SPOTSWOOD RE MMWD LAND MANAGEMENT PLAN - File 151 Mayor Boro stated that all of the cities involved with the MCCMC voted at their last meeting to have the MMWD complete their study and EIR (Environmental Impact Report) on the fire problems in this area concurrently, in comparison to the Oakland fire area. This would shorten the completion time. The MCCMC recommended that all Marin Cities write to the MMWD in this regard, and he asked the Council to authorize him to write such a letter on behalf of the City. Councilmember Breiner moved and Councilmember Shippey seconded, to authorize Mayor Boro to write a letter as discussed. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/2/91 Page 6 I SRCC MINUTES (Regular) 12/2/91 Page 7 Councilmember Thayer stated she would like to have the Fire Chief review the proposal for its adequacy. Mayor Boro noted that Mayor Spotswood and staff from Mill Valley had toured the East Bay fire area, and Ms. Nicolai stated she would call Mill Valley and see if a group from San Rafael should visit the site. C. REPORT ON SAN RAFAEL TASK FORCE ON HOMELESS - File 13-16 (Verbal) Councilmember Breiner asked for a discussion on the San Rafael Homeless Task Force. She stated they will be discussing a Day Center, or possibly a 20 -bed shelter and a Day Center. Mayor Boro stated he feels it is important to have a Day Center for the homeless, to give them a place where they can go during the day, to get cleaned up and to have a mailing address. Councilmember Cohen inquired if it was better to have the homeless going to a shelter at night and then to a Day Center in the daytime, and another location for eating. Mayor Boro suggested they could have the Meals on Wheels program to deliver meals to the people at the Day Center in order to eliminate one place they would have to go. Councilmember Thayer agreed with the concept of the Day Center, to give the people a permanent address and a place where they could shower. She felt it would alleviate some of the street problems. Councilmember Cohen observed that if the Day Center were centralized the Meals on Wheels would work. d. REPORT ON ABAG GENERAL ASSEMBLY ACTIONS TAKEN NOVEMBER 21, 1991 - File 111 Councilmember Breiner reported on ABAG's position on regional governance adopted by the General Assembly on November 21. She urged the Council to stay informed on the subject, since there is a concern that regulations will be imposed on the cities by the State Legislature. ADD ITEMS: I. FULLERTON AND BREA VISIT - File 218 (Verbal) Mayor Boro announced that he and Councilmember Shippey, along with City staff, will be visiting the cities of Fullerton and Brea this Thursday and Friday, December 5 and 6, and will report back at the next Council meeting. II. SYMPOSIUM ON IMMIGRATION - File 120 x 218 (Verbal) Mayor Boro reported that this symposium has been delayed to possibly the first week in February, due to organizational delays for the meeting. There being no further business, Mayor Boro adjourned the meeting at 9:45 P.M. in memory of Francis Rodgers, long-time San Rafael resident, and former Deputy San Rafael Fire Chief, and extended the City's sympathy to his wife and family. The City Council then reconvened their Closed Session to discuss Labor Negotiations. No reportable action was taken. JEAN LEONCINI, C y Cer< APPROVED THIS DAY OF , 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/2/91 Page 7