Loading...
HomeMy WebLinkAboutCC Minutes 1988-01-19 (Revised)R V I S E D SRCC MINUTES (Regular) 1/19/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 19, 1988 AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1 a 1. No. 88-2(a) - #2. No. 88-2(b) - #1 - Jacqueline Seike & Richard Seike vs. City of San Rafael. No. 88-2(c) - V. No reportable.action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 19, 1988 AT 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Boro seconded, to approve the recommended action on the following Consent Calendar items: Item 2. Approval of Amendment to Approved Minutes of Regular Meeting of November 16, 1987 and Minutes of Regular Meetings of December 7 and 21, 1987 (CC) - File 1-4 3. Resolution of Findings Re: Appeal of Handicapped Access Requirements - 9 Vivian Way (New George's Check Cashing Co.) (PW) - File 13-1-1 5. Adoption of Investment Policy for City of San Rafael (Fin) - File 8-14 x 9-3-20 Recommended Action: Approved as submitted,including the following Amendment to Minutes of November 16, 1987: "ORAL COMMUNICATIONS OF AN URGENCY NATURE. PRESENTATION OF PETITION OPPOSING PROJECT AT 184 PEACOCK DRIVE DUE TO ALLEGED NON-COMPLIANCE HEIGHT LIMIT REQUIREMENTS (P1) - File 10-1 x 10-2 x 5-1-243 Mr. Peter F. McGraw of 9 Bracken Court, Peacock Gap, presented a petition alleging a home is being built at 184 Peacock Drive, opposite his home, over the height of 20 feet which is not in compliance with the Covenants, Conditions and Restrictions. Mr. McGraw asked Counci to have a stop work order issued until the problem is resolved. Staff was directed to inspect the height of the home at 184 Peacock Drive, and if it is over 20 feet to have the work stopped until the issue is resolved." RESOLUTION NO. 7668 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE (HANDICAPPED) ACCESS REQUIREMENTS - 9 VIVIAN WAY. Approved staff recommendation, adopting the Statement of Investment Policy as presented. SRCC MINUTES (Regular) 1/19/88 Page 1 SRCC MINUTES (Regular) 1/19/88 Page 2 8. Ratification of Agreement with Trinity Lutheran Church Re Drainage Problem on Church's Property on Southern Heights Boulevard (CA) - File 9-3-16 11. Resolution Amending Resolution Nos. 7268 and 7478 to Increase Salary of the City Manager Position - File 7-3 x 9-3-11 12. Legislation Affecting San Rafael (CM) - File 9-1 13. Claims for Damages: a. Jean Wiedenmayer (PW) - Claim No. 3-1-1285 b. Michael T. Royall (PD) - Claim No. 3-1-1281 c. Keith R. Butler (PW) - Claim No. 3-1-1282 d. Curtin's Air Freight, Inc. (FD) - Claim No. 3-1-1292 e. Joseph & Stacy Campbell (PW) - Claim No. 3-1-1304 Ratified Agreement. RESOLUTION NO. 7669 - AMENDING RESOLUTIONS NOS. 7268 and 7478 TO INCREASE THE SALARY OF THE CITY MANAGER POSITION (As of January 1, 1988, increased by 4 percent to $67,600 annually. Survey of comparable City Managers' compensation packages to be com- menced to be certain that we are competitive.) Accepted report. Approved Insurance Consulting Associates, Inc., recommendation for denial of claim a. Approved City Attorney's recommendations for denial of claims b, c, d & e. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. AUTHORIZATION TO CALL FOR BIDS - REMODELING OF POLICE DEPARTMENT (PW) - File 9-3-30 Mayor Mulryan asked staff to explain further, the item on the remodeling of the Police Department. Public Works Director Bernardi stated his staff is dealing with essential items necessary to meet the standards for this project, noting a shower will be added to the women's bathroom, and restroom facilities will be provided within the holding cells. Mr. Bernardi indicated that funds are available for the improvements. Councilmember Boro commented should anything else come forward, that he be able to see the "immediate fix" and long term plans so he may have a better idea of the scope of the total project. Councilmember Frugoli asked staff to look into replacing the carpet in City Hall, and other improvements at City Hall in general. Councilmember Frugoli moved and Councilmember Boro seconded, that staff be authorized to call for bids to remodel the Police Department women's bathroom by adding a shower in the existing storage area, and to add restroom facilities in the holding cells; estimated cost, $33,000.00. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 1/19/88 Page 2 21 7. a SRCC MINUTES (Regular) 1/19/88 Page 3 ACCEPTANCE OF THE 1986/87 AUDIT REPORT FOR THE CITY OF SAN RAFAEL (Fin) - File 8-1 Councilmember Boro inquired of staff as to what is being done to resolve the question of the City's fixed assets book value prior to 1985. Finance Director Coleman stated a committee made up of City staff is working on providing an inventory, noting it would take approximately 12 months. He indicated that governmental accounting requires that assets be valued at cost and not necessarily at the current value, noting that unlike private industry, the value does not affect taxes. Mr. Coleman indicated staff is now working to have the information fed into their computer. Councilmember Boro moved and Councilmember Frugoli seconded, to accept the 1986/87 Audit Report. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF ONE-YEAR CONTRACT WITH MARIN AUTO BODY FOR REMOVAL OF ABAN- DONED VEHICLES (PD) - File 4-3-194 x 9-3-30 In response to Mayor Mulryan's question that if a list of 650 abandoned cars, as stated in the staff report, were given to Marin Auto Body, would they be taken care of by the company, Police Chief Ingwersen respon that the Police Department would still have to go through their process. This means an officer or a citizen would first need to identify an aban- doned car. It would then be marked and after 72 hours, cited, and if the owner is not located the car would then be removed. Councilmember Breiner inquired as to what is being done with cars aban- doned on the old Canalways site. Chief Ingwersen responded that private property owners are responsible for any cars on private property, adding there once was a State program for removal of abandoned cars on private property but funds are no longer available and the program was dropped. Planning Director Moore indicated this type of problem is referred to the Code Enforcement Officer who then tries to get voluntary compliance from the property owner, otherwise the only recourse the City has is to go through a complicated public nuisance abatement procedure. Ms. Moore indicated she would refer this problem to the Code Enforcement Officer. In response to Councilmember Thayer's inquiry as to the total number of vehicles towed by Marin Auto Body, Chief Ingwersen responded that 100 cars have been towed to date this month and 60 cars will be towed per month thereafter under the contract. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt Resolution authorizing execution of Contract with Marin Auto Body to remove at least 650 abandoned vehicles from the public streets of the City of San Rafael @ $2.50 fee per vehicle. RESOLUTION NO. 7670 - AUTHORIZING THE SIGNING OF A CONTRACT WITH MARIN AUTO CRAFTS, INC. DBA MARIN AUTO BODY (One Year Agreement from January 1, 1988 through December 31, 1988) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION SETTING FEE FOR CITY ATTORNEY TO PREPARE SYNOPSIS AND TITLE FOR ANY PROPOSED INITIATIVE MEASURE (CC) - File 9-10-2 x 9-3-16 Councilmember Thayer asked City Attorney Ragghianti what his feelings were on the constitutionality of this new legislation and whether the law would be subject to challenge in the future. SRCC MINUTES (Regular) 1/19/88 Page 3 SRCC MINUTES (Regular) 1/19/88 Page 4 Mr. Ragghianti indicated there is a possibility that someone may challenge the law but before he rendered an opinion, he would need to do research as to whether it is constitutional or not. Councilmember Thayer felt the cost of $200.00 is too much for a citizen to pay and proposed that the cost be reduced to $50.00. When questioned, Mr. Ragghianti stated the amount of time for an attorney to review a proposed Initiative Measure and do up to a 500 word impartial analysis would probably take approximately one hour, adding, however, if it were a Tax Measure, more time would be needed. After further discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to set the fee at $100 for the City Attorney to prepare a synopsis and title for any proposed Initiative Measure. RESOLUTION NO. 7671 - SETTING FEE FOR NOTICE OF INTENTION TO CIRCULATE AN INITIATIVE PETITION AT $100.00 AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 10. AUTHORIZATION TO EXECUTE CONTRACT WITH RAYMOND HOLT ASSOCIATES, LIBRARY BUILDING CONSULTANT (Lib) - File 4-3-195 x 9-3-61 Councilmember Frugoli stated even though the Library is cramped, it provides excellent service to the public and commented that he would prefer the Library remain where it presently is located and that the study be focused on expanding the present building rather than looking for a second location. Library Director Stratford indicated the building program will not focus on another building but on the needs for the population, level of activity projected growth of the community and the space needed to provide adequate services for the community. Mayor Mulryan indicated terms of revenue should be included in the con- tract, noting at one time a similar analysis was done whereby it stated for 50,000 people, x amount of square feet was needed costing $10,000,000, and as a result the report was not brought up again. City Manager Nicolai stated that aside from the previous report, which was a "shot gun" approach to the entire County, this report will focus on what the true square footage needs are and significant problems the general public may not be aware of, including wiring, as well as space, etc. After further discussion, Councilmember Breiner moved and Councilmember Frugoli seconded to adopt Resolution. RESOLUTION NO. 7672 - AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH CONSULTANT, RAYMOND HOLT & ASSOCIATES, NOT TO EXCEED $25,000, TO DEVELOP A BUILDING PROGRAM FOR THE SAN RAFAEL PUBLIC LIBRARY; AND TO REVIEW, EVALUATE AND RECOMMEND APPROPRIATE SITES FOR THE LIBRARY (term of Agreement thru 8/31/88, w/30 day termination clause) AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - UP87-2/V87-30; APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A SECOND DWELLING UNIT WITH VARIANCE TO ALLOW 16 FOOT HEIGHT; REQUEST FOR "EXCEPTION" TO ALLOW SECOND UNIT TO EXCEED 1,000 SQUARE FEET; 333 DUBOIS STREET; JOHN AND CECI SIMONTACCHI, APPLICANTS; PHILIP AND HELEN KEENE, APPELLANTS; AP 13-153-05 (Pl) - File 10-5 x 10-4 Mayor Mulryan opened the public hearing. SRCC MINUTES (Regular) 1/19/88 Page 4 SRCC MINUTES (Regular) 1/19/88 Page 5 Planning Director Anne Moore gave an overview of the item. On December 15, 1987, the Planning Commission conditionally approved a height variance and use permit to allow the conversion of an existing detached structure into a second dwelling unit at 333 DuBois Street, owned by John and Ceci Simontacchi. The Commission also recommended that the Council grant an "exception" allowing the second unit to exceed the 1,000 square foot maximum required by ordinance. Philip and Helen Keene, neighbors at 327 DuBois Street, appealed the decision and listed objections. They felt the noise, exhaust fumes and headlight glare from automobiles entering and leaving the driveway would impact them. Staff explained that the driveway and rear yard parking area have been used for years, and that there is a six foot fence separating the two properties, which should protect the residence from headlight glare. Noise and exhaust fumes should not be significantly increased since cars currently park in the back yard and the fence acts as a buffer. The eight foot distance between the fence and the appellant': bedroom windows is not unusual, as a five foot setback is required. Other objections by the Keenes include the loss of privacy. Staff notes that the second unit has been designed with no windows or doors facing the adjacent property to the rear and with only two small, opaque bathroom windows facing the Keene property. In addition, six foot high fences are along both side and rear property lines. The appellant is also concerned about property value loss. Staff con- cludes that they have no information to substantiate this. The nature of the second dwelling itself, adequately addresses reasonable concerns expressed by the appellant. The proposal complies wtih all ordinance requirements. Planning Director Moore stated that an "exception" is required because the second unit exceeds 1,000 sq. ft. and the area exceed 400 of the area of the main dwelling. Mayor Mulryan asked to hear from the appellant. Mrs. Helen Keene reiterated the concerns she had expressed in a letter to the Council dated December 21, 1987, and presented petitions in support of their appeal. She said it does affect the privacy of the five adjacent neighbors, and that to her knowledge no one was notified prior to this project going to the Planning Commission so people did not have an oppor- tunity to express their concerns. Mrs. Keene said she polled the neigh- borhood and obtained signatures of those neighbors that objected to the project. She showed pictures taken from her roof to better show how the two-story structure would impact her privacy and that of her neighbors. Her main concern is about the traffic going into the back yard as it will pass her bedroom window and the headlights will be reflect- ed. They will be affected by the noise and exhaust fumes day and night. Mark Montovio, attorney, said he objected to the Planning Commission decision that this project would not have a negative impact on the neighborhood. He echoed Mrs. Keene's statement that the privacy of the adjoining homes in the back will be destroyed. He indicated that the building started out as a garage, progressed to a business, and now the owner wants it to become a home. John McCarthy, the property owner immediately behind the proposed project voiced his concerns. He said there would be additional noise as the distance to the new structure from his house is only 100 feet, as well as a decrease in privacy; his deck, family room, kitchen and patio all face the property and presented pictures to the Council. He also stated he felt there would be a decrease in his property value. Cheryl Keene spoke, listing three reasons why she felt the second dwell- ing unit should be denied. The first is that she felt the concerns of the eighty people who signed the petition should be listened to that they don't want this kind of dwelling in their neighborhood. Second, there didn't appear to be enough room for cars to park in the back and that emergency vehicles might not be able to get up the street if there were cars parked along it. She stated the last reason is that the beauty of the Bret Harte area is not enhanced by the second dwelling unit. SRCC MINUTES (Regular) 1/19/88 Page 5 SRCC MINUTES (Regular) 1/19/88 Page 6 Mayor Mulryan asked if the applicant would like to speak since there were no other people speaking on behalf of the appellant. Mrs. Ceci Simontacchi, applicant, addressed the issue of parking. She explained that they had put in additional parking in the front of the house, and that there is a six foot fence between the houses. She presented letters to the Council signed by all those people who did not object to the second dwelling unit. She said she has spoken to one neighbor and agreed to increase the height of the fence up to the six foot height limit. Mrs. Simontacchi explained they will choose a considerate tenant, particularly since they will be most affected by noise, etc., because there is not a fence to separate their dwellings. Linda Brandall, 7533 Bret Harte, stated that she was approached by someone with a petition who asked her "Do you want apartment buildings in this neighborhood?" When she discovered the real issue, she crossed her name off the petition. Mayor Mulryan closed the public hearing. Mayor Mulryan summarized the proposal, and asked how the structure was built, legally, in the first place if there was an exception on height. Anne Moore responded that it was really not clear; however, a variance was needed for only one foot. Councilmember Boro questioned the loss of privacy. He said the staff report stated there would be only the addition of two small bathroom windows. Planning Director Moore explained that the left side of the structure would have very small windows. The rear elevation will have no windows. Those elevations are those closest to the adjacent yards. Testimony tonight is regarding proposed window placement on the north elevation, that is the furthest away from the side yard. There are two sets of windows proposed for the lower level and one set for the upper level. She reported that approval of the project by the Planning Commission included the condition that the final design of the unit be subject to design review. Councilmember Boro asked how the public would be notified if the project passes this body and it goes back for design review. Anne Moore responded that the item would go to the Zoning Administrator first and then will come before the Planning Commission. All Planning Commission items are noticed to property owners within 300 feet. The Neighborhood Association would be noticed also, and anyone who speci- fically requests noticing prior to the Planning Commission meeting will be added to the list. Councilmember Boro indicated he feels as long as the homeowner lives in one of the units, he feels there can be control over the tenant and any problem with the automobiles. The City does have a second dwelling unit ordinance, housing is being provided for someone, so it can be a positive change. Councilmember Boro stated that he supported the Planning Commission decision. Mayor Mulryan noted that since several "exceptions" had been asked for, he wondered if it might be a good idea to have the neighbors take part in the design review process, and not have this body take action at this time. Councilmember Breiner indicated she looked at the property and reviewed the staff report. She feels it is an intensification in the neighborhood that is not fair. Since as many as four adults could be living in the unit, that could very well mean four automobiles. Her feeling was that no matter what modifications were made concerning windows, that the neighborhood is being changed. She would be happy to grant the appeal. Councilmember Thayer stated that she had no concerns over the driveway since it had been used as such over the years, but did have a problem SRCC MINUTES (Regular) 1/19/88 Page 6 SRCC MINUTES (Regular) 1/19/88 Page 7 with the issue of privacy and placement of various windows. She felt a review by the Design Review Board should be done at this time. Councilmember Thayer suggested that skylights might be used. If these problems could be solved, she indicated her support. Councilmember Frugoli said if the situation is corrected in the design review process, he also would be in favor of the project. Mayor Mulryan stated that he did not want this project approved unless the conditions could be worked out. Councilmember Boro moved and Councilmember Frugoli seconded, to refer this item back to the Planning Commission to have the design review process completed, and that the related appeal on this project be held in abeyance until such time as the matter comes back to the Council. Mayor Mulryan noted that a new date for this item to come back to the Council would not be set at this time, but re -noticed at a later date. He urged those residents, who live beyond 300 feet of the project, to contact the Planning Department in order to be notified when the item is heard again. Councilmember Breiner noted that in many communities, smaller maximum square footages are allowed for second family dwellings, and San Rafael has not done this. Her worry is that of the two bedrooms and two baths, and would like this pointed out to the Commission when they are reviewing the second dwelling unit. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer and Mayor Mulryar NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan noted when dealing with second units, it raises the question of illegal units, modifications and the like that do not come before the City Council. He directed staff to have a report brought back to Council on illegal units, and whether the Planning Department is adequate- ly staffed to control the problem. Also, a catalog of complaints and how they have been handled. 15. CONSIDERATION OF CREATION OF SISTER CITY RELATIONSHIP WITH SAN RAFAEL DEL NORTE, NICARAGUA (CM) - File 128 City Manager Nicolai stated at the previous Council meeting, Council considered a request to adopt a Sister City in Nicaragua, and staff was directed to insert new wording into a revised Resolution. She noted that based on testimony from that meeting, she included a proposed alternative that the Mayor issue a Proclamation in support of the project, because the testimony was directed toward aid to Nicaragua in the particular city cited, rather than the traditional Sister City relation- ship of cultural, educational and business exchanges. Councilmember Thayer commented on the Proclamation where the Mayor says in part, ..."do hereby encourage all who have an interest in this relationship to lend their support to this endeavor"..., and stated it lent to an inference that they were going "around the back door". Mayor Mulryan indicated it was a point well taken, and if it is not a Sister City endorsement it should be one specifically speaking of aid, both cultural, economic, food stuff and the like that they would hope to encourage by this action. Councilmember Thayer stated she had no problem with the Resolution if the purpose of the relationship is to encourage business and citizens in our area to give humanitarian aid such as education and medical sup- plies to the people of Nicaragua. She indicated her concern with the original Resolution was in the fifth paragraph..."WHEREAS" which she thought had political overtones, which has been removed. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution Approving a Sister City Relationship with the Peoples of San Rafael, California and San Rafael Del Norte, Nicaragua. SRCC MINUTES (Regular) 1/19/88 Page 7 SRCC MINUTES (Regular) 1/19/88 Page 8 Under discussion, Councilmember Breiner was concerned about the financial accountability, whether it be a Proclamation or Resolution with Sister City status, stating she did not want the City of San Rafael to approve this unless they are certain there is financial accountability. She asked if the organization had a non-profit status and whether there was a committee who followed up on this. Mr. Roger Olstead spoke on behalf of the Sister City relationsip, stating funds have been placed through an organization called, "The Central American Health Rights Project", which has a 501C3 status. He stated at this time they did not have a non-profit status but that someone from their group will be getting that status. Councilmembers Thayer and Breiner agreed to include in the Resolution, that this project be of a non-profit status. Councilmembers Boro and Frugoli both stated they felt the City would be entering into a political arena by adoption of a Resolution. Mayor Mulryan stated he felt this does not embroil the Council in the national level of questions in Nicaragua, that the Council could take a small step to encourage responsible assistance to a city that has the same name as ours, and could be gaining something by the knowledge of what these people have experienced. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution. RESOLUTION NO. 7673 - RESOLUTION APPROVING A SISTER CITY RELATIONSHIP WITH THE PEOPLES OF SAN RAFAEL, CALIFORNIA AND SAN RAFAEL DEL NORTE, NICARAGUA AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Boro & Frugoli ABSENT: COUNCILMEMBERS: None 16. DISCUSSION OF GENERAL PLAN REVIEW PROCESS AND SCHEDULE (Pl) - File 115 x 10-2 Planning Director Moore stated the revised draft EIR and completed revised General Plan 2000 documents are being prepared, noting the EIR document will be distributed the week of January 25, and the General Plan document distributed the week of February 1, 1988. Staff recommended and Council agreed that the Planning Commission have an opportunity to formally present the Plan to the Council and that it be done at a Special Joint Planning Commission/City Council Meeting on Monday, February 22, 1988, in the Council Chambers at 7:30 PM. Ms. Moore suggested that Council host a community type meeting to recap- ture the informality of the community workshops held in the Spring of 1986, and that this informal "town meeting" be held on Saturday, March 5, 1988, preferably in the morning; exact time to be scheduled by the Planning Department. 17. REPORT ON PROPOSED NORTHBOUND RAMP FROM CIVIC CENTER DRIVE ONTO NORTHBOUND HIGHWAY 101 - (PW) - File 11-16 x 11-1 Councilmember Frugoli voiced concern about having some engineering done for off -ramps and on -ramps when the Merrydale Overcrossing is opened. He indicated that the Federal Highway Administration is stating this cannot be done because of the distance involved, and suggested that staff look at some of the alternative roadways adjacent to the Merrydale Road Overcrossing, especially near the San Rafael Guide Dogs for the Blind area, and that staff bring a report back to Council az a later meeting. He asked staff to also get information on what costs would be involved. 18. DISCUSSION ON ISSUE OF WHETHER THE CITY COUNCIL WISHES TO PROPOSE A BALLOT MEASURE FOR EITHER THE JUNE OR NOVEMBER 1988 BALLOTS REQUESTING THE ELECTORATE TO APPROVE A CITY CHARTER AMENDMENT THAT WOULD CHANGE THE CITY ATTORNEY POSITION FROM AN ELECTED TO AN APPOINTED ONE, SUCH CHANGE TO BECOME EFFECTIVE NOVEMBER 1991 - File 9-4 x 9-3-16 SRCC MINUTES (Regular) 1/19/88 Page 8 SRCC MINUTES (Regular) 1/19/88 Page 9 Councilmember Breiner stated she felt it important that Council consider having this Measure placed back on the ballot, indicating it was on the ballot 11 years ago, noting since then many changes have taken place in the City as well as in the complexity of Municipal Law. Mrs. Breiner added she worries about the future of the City if it does not have the ability to secure proper legal expertise. City Attorney Ragghianti agreed with Councilmember Breiner that this Measure be placed on the ballot. Councilmember Frugoli stated he does not support the Measure being placed on the ballot, indicating he felt the people of San Rafael have the right to vote for whom they want, adding this act would be taking away the Democratic process of their right to elect certain officials. Councilmember Boro stated that for the short time he has served on the City Council, he is amazed at the amount of pending litigation and that it is critical the City of San Rafael have a capable attorney. Councilmember Thayer agreed with Councilmember Breiner and added that the City is very fortunate to have City Attorney Ragghianti, who was originally appointed, re-elected as its Counsel. Councilmember Breiner moved and Councilmember Boro seconded, to have a Ballot Measure on the June 1988 election, to have the City Charter changed to make the City Attorney position appointive rather than elec- tive, to be effective November 1991, with Ballot Wording to be brought to Council for approval at meeting of February 16, 1988. Under discussion, Councilmember Boro suggested that concurrent with the Ballot Wording, Council implement an election plan, and if this is not ready for the June election that the matter be considered for the November election. AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None Councilmember Breiner suggested that a Citizens Group be the auxiliary promoters on this item, rather than Council. 19. REPORT ON BUILDING DAMAGE AT 1301 FOURTH STREET DUE TO FIRE (PW) - File 3-3-44 Public Works Director Bernardi stated that staff has given appropriate time to the owners of the building to make repairs, and requested that Council set a date to hold a Public Hearing, at which time the property owners or their representative are to show cause as to why the City should not tear down the building. Councilmember Boro moved and Councilmember Breiner seconded, that this matter be scheduled for a public hearing on Monday, February 1, 1988, to give the property owners or their representatives the opportunity to address the Council on question of repair or demolition of the property. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. CONSIDERATION OF PROPOSED BALLOT WORDING FOR PARAMEDIC TAX ON COMMERCIAL PROPERTIES MEASURE TO BE PLACED BEFORE THE VOTERS AT A JUNE 7, 1988 (SPECIAL) ELECTION (FD) - File 9-4 x 9-3-31 Fire Chief Marcucci stated in 1979, the voters of San Rafael passed a Paramedic ballot measure for a Special Service tax on each residential unit of $12 per dwelling unit per year which was implemented on January 1, 1980. Today, the amount charged is $21.20 because the number of dwell- ing units at $12 is not paying for the increase needed to maintain the paramedic program. He noted the program is still not fully funded and an alternative might be to extend funding to non-residential units, explaining that 69.3% of all the medical calls come from structures SRCC MINUTES (Regular) 1/19/88 Page 9 SRCC MINUTES (Regular; 1/19/88 Page 10 that pay for the paramedic service fee and 33.7% come from structures that do not pay for the paramedic service fee. Staff believes there needs to be some form of equity to maintain the paramedic program. After further discussion, Councilmember Frugoli moved and Councilmember Thayer seconded, to place a Ballot Measure on the June 7, 1988 Ballot at a Special Election to extend the Paramedic Service Fee including non-residential occupancies by amending existing Ordinance #1336 to impose tax on non-residential structures up to 5 cent per square foot, with flat tax limitation of $500 of each 1 cent per square foot levied in structures over 50,000 square feet, and to increase the City's appropriation limit for a period of 4 years. The Ballot wording and ballot argument were approved for the June 1988 election, as presented. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS 1. METER HOLIDAY FOR MARTIN LUTHER KING, JR. HOLIDAY - File 11-8 Councilmember Breiner moved and Councilmember Frugoli seconded, that the need to take action on this item arose subsequent to the agenda being posted. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Manager Nicolai brought up item of whether the Martin Luther King, Jr. Holiday should be a metered holiday for the citizens of San Rafael. Councilmember Breiner moved and Councilmember Thayer seconded, to approve adding the Martin Luther King, Jr. Holiday to the list of Holidays in the San Rafael Municipal code, as this is a new City holiday. Tickets previously issued are to be revoked and monies returned to those who have paid for them. A letter from the City explaining Council's action is to be included with the refund. Ordinance amending the Municipal Code will be brought to Council for approval. AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. POLICE DEPARTMENT CHALKING TIRES FOR OVERTIME PARKING - File 11-8 Councilmember Breiner was concerned about enforcement of the Police Department program for chalking cars for overtime parking in metered areas. Police Chief Ingwersen explained that chalking is not done on holidays listed in the Municipal Code and no parking regulations are enforced. He indicated that cars parked at two-hour meters are chalked during the Christmas holidays, but that the Police Department has been short one person for the last 4 months due to sick leave. There being no further business, the meeting was adjourned back to Closed Session. JEANNE,EONCINI, ity Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/19/88 Page 10