HomeMy WebLinkAboutCC Minutes 1988-09-19SRCC MINUTES (Regular) 9/19/88 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER
19, 1988.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File
1.4.1.a
No Closed Session held.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER
19, 1988 at 8:00 PM.
Regular Meeting:
San Rafael City Council
CONSENT CALENDAR
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following Consent Calendar items:
Items
2. Approval of Minutes of Special
General Plan Decision Making
Meeting of June 15, 1988 and
Regular Meeting of September 6,
1988 (C)
3. Call for Applications to Fill
Vacancy on Cultural Affairs
Commission Due to Resignation
of Commissioner Ann Batman (CC) -
File 9-2-24
Recommended Action
Approved as submitted.
Approved staff recommendation:
a.) to accept resignation; b.)
call for applications to fill
vacancy on Cultural Affairs Commission,
with deadline for receipt of
applications set for Tuesday,
October 11, 1988 at 12:00 Noon
in the City Clerk's Office,
Room 209, City Hall; c.) set
interviews for Special Council
Meeting to be held on Monday,
October 17, 1988, commencing at
6:30 PM, to fill unexpired term
to the end of April, 1989.
5. Vacation of Portions of Existing RESOLUTION NO. 7818 - RESOLUTION
Drainage Easement - Peacock Gap OF INTENTION TO VACATE PORTIONS
Neighborhood 1B (PW) - File OF DRAINAGE EASEMENT; LOTS 4 AND
5-1-296 5, PEACOCK GAP NEIGHBORHOOD 1B
(and set Public Hearing for
October 17, 1988)
6. Resolution of Appreciation for
Ann Batman, Retiring Cultural
Affairs Commissioner (Lib/Cult.
Affs) - File 102 x 9-2-24
8. Authorization for Sale of City -
Owned Property - 335 Forbes
Avenue (RA) - File 2-7 x 2-5-18
RESOLUTION NO. 7819 - RESOLUTION
OF APPRECIATION TO ANN BATMAN,
RETIRING CULTURAL AFFAIRS COMMISSIONER
(for 12 years of service)
Approved staff recommendation,
to set date for opening of sealed
bid offering on 335 Forbes Avenue
in San Rafael for 10:30 AM on
October 12, 1988, and set sale
price at next Closed Session meeting
of Council, on October 3, 1988)
SRCC MINUTES (Regular) 9/19/88 Page 1
SRCC MINUTES (Regular 9/19/88 Page 2
9. UP88-35 and ED88-26 - Resolution
of Findings Re Appeal of Planning
Commission Conditional Approval
of Use Permit and Design Review
for 26,700 Square Foot Auto
Dealership in PCM District; North-
east Corner Francisco Boulevard
and Shoreline Parkway, John Irish,
Owner and Appellant, William
Bernstein, Attorney, Rep.; AP
9-320-34 & 35 (P1) - File
10-5 x 10-7
14. Legislation Affecting San Rafael
(CM) - File 9-1
RESOLUTION NO. 7820 - UPHOLDING
IN PART, AN APPEAL OF THE PLANNING
COMMISSION CONDITIONS OF APPROVAL
FOR UP88-35 AND ED88-26, A 26,700
SQUARE FOOT AUTO DEALERSHIP AT
THE NORTHEAST CORNER OF FRANCISCO
BOULEVARD AND SHORELINE PARKWAY
Approved staff recommendation:
SUPPORT PROPOSITION 85 - Library
Construction and Renovation Bond;
OPPOSED SB 2225 (DILLS) - Removal
of Restriction of Flashing
Illuminated Billboards along State
Highways. (Request Governor Veto)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. DECLARATION OF SURPLUS ASSESSMENT DISTRICT FUNDS - LUCAS VALLEY OPEN
SPACE ASSESSMENT DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT
NO. 2 AND BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT
(PW) - File 6-25 x 6-29 x 6-24
Councilmember Boro noted that surplus funds in the Assessment Districts
range from $5,230.37 to $90,004.39. He indicated the word "exhausted"
in the Resolution was of concern to him and he assumed as these funds
are expended, Council would be kept apprised of their use.
Public Works Director Bernardi stated the Resolution designates the
Surplus Funds for maintenance purposes and noted the Bahia De Rafael
Industrial Park as an example, indicating those funds will be used
to clean out the drainage creek going through the project, to maintain
the pump station near the San Quentin Disposal site and to replace
some tide gates at the pump station as well.
RESOLUTION NO. 7821 - DECLARING SURPLUS IN IMPROVEMENT FUND -LUCAS
VALLEY OPEN SPACE ASSESSMENT DISTRICT ($5,230.37)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7822 - DECLARING SURPLUS IN IMPROVEMENT FUND -EAST SAN
RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2
($63,196.09)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7823 - DECLARING SURPLUS IN IMPROVEMENT FUND-BAHIA
DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT
($90,004.39)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. AUTHORIZATION TO APPLY FOR A GRANT FROM THE MARIN COMMUNITY FOUNDATION
FOR A JOINT LIBRARY AUTOMATION PROJECT (Lib/Cult.Affs.) - File 4-10-225
x 226
In response to questioning by Mayor Mulryan, Library Director Stratford
responded specifically for the San Rafael Library, staff is seeking
to put their present holdings on an electronic data base which would
permit the information to be shared with other libraries who have
an automated system.
SRCC MINUTES (Regular 9/19/88 Page 3
City Manager Nicolai added the data base can be shared with most libraries
that are interconnected with computers so one knows where other holdings
are whether one is a joint facility or not. This also allows the City
to automate the circulation system, jointly or independently.
As an example, Mr. Stratford stated if someone requested a certain
book, he could use the terminal system himself rather than a staff
person, and get the information as to whether the book is available
in the library or, if not, the terminal would show at what library
it is available.
RESOLUTION NO. 7824 - AUTHORIZING STAFF TO APPLY FOR A GRANT FROM
THE MARIN COMMUNITY FOUNDATION FOR A JOINT LIBRARY
AUTOMATION PROJECT
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REQUEST FOR STREET CLOSURES FROM 6:00 AM SATURDAY, SEPTEMBER 24, 1988
UNTIL 7:00 PM SUNDAY, SEPTEMBER 25, 1988, AT THE FOLLOWING LOCATIONS:
FOURTH STREET BETWEEN "B" AND COURT AND "A" STREET BETWEEN FIFTH AVENUE
AND THIRD, FOR SAN RAFAEL CHAMBER OF COMMERCE SECOND ANNUAL ARTS AND
CRAFTS FAIR - 1988 (PD) - File 11-19
AND
11. REQUEST FOR STREET CLOSURES - FOURTH STREET FROM LINCOLN AVENUE TO
LOOTENS PLACE ON SUNDAY, OCTOBER 2, 1988, FROM 7:00 AM TO 7:00 PM,
INCLUDING PARTIAL CLOSURE (RIGHT LANE) OF LOOTENS PLACE - FIFTH AVENUE
- LINCOLN AVENUE FROM 7:30 AM TO 12:15 PM, FOR FOURTH STREET MILE
(FOOT RACES) AND BLOCK PARTY, SPONSORED BY THE DOWNTOWN MERCHANTS
ASSOCIATION (RA) - File 11-19 x (SRRA) R-140 No. 7
Councilmember Breiner addressed both items 10 and 11 and commented
that several merchants complained to her regarding the street closures
and wanted the San Rafael Chamber of Commerce and people involved
to be aware of their concerns.
Mayor Mulryan stated previous street closures worked out surprisingly
well, and noted he had not heard of a single complaint, but shared
the concern of the merchants.
Councilmember Breiner moved and Councilmember Thayer seconded, to
approve both requests for street closures, Items 10 and 11.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. REPORT ON COUNTY FEE ORDINANCES FOR WASTE MANAGEMENT PLANNING AND
HOUSEHOLD HAZARDOUS WASTE COLLECTION (CM) - File 4-10-167 x 9-3-31
Councilmember Boro asked staff to bring information back to Council
as to what the impact might be on the individual household when this
item comes back to Council in the future.
Councilmember Boro moved and Councilmember Breiner seconded, to accept
report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. REPORT ON CITIZENS COMMITTEE ON REVENUE OPTIONS (CM) - File 9-2-42
Councilmember Boro wanted to clarify that this committee would do
more than look at Revenue Options but would assess the Capital Improve-
ment needs of the City and at the same time, once those have been
identified and prioritized, they would then look at Revenue Options.
Mayor Mulryan and Councilmembers Boro or Breiner volunteered to act
as liaisons to the committee.
SRCC MINUTES (Regular) 9/19/88 Page 3
SRCC MINUTES (Regular 9/19/88 Page 4
Councilmember Boro moved and Councilmember Thayer seconded, to accept
report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANN BATMAN, FORMER MEMBER
OF THE CULTURAL AFFAIRS COMMISSION - File 102 x 9-2-24
Mayor Mulryan presented Ann Batman with a Resolution of Appreciation,
for her 12 years of service on the Cultural Arfairs Commission and
thanked her for her active participation at Falkirk Cultural Center.
16. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 3, CHAPTER
3.20, SECTION 3.20.030 OF THE SAN RAFAEL MUNICIPAL CODE TO INCREASE
TRANSIENT OCCUPANCY TAX FROM 8 PERCENT TO 10 PERCENT (APPLIES ONLY
TO HOTEL/MOTEL CHARGES) (CM) - File 9-12
Mayor Mulryan declared the public hearing opened.
City Manager Nicolai stated because of the overview of the City's
fiscal situation, several options have been presented to Council in
diversifying the revenue base in the City of San Rafael. Over the
last several years, sales tax was significantly relied on as the major
source of revenue. In the meantime, many issues being addressed in
the City remain underfunded. Although the City has a balanced budget
for this fiscal year, it not only involves freezing 10 positions,
but includes underfunding services and maintenance in areas in need
of money. She noted staff is preparing a preliminary overview of
the City's capital needs for the Council which should be done in late
October, and expects it to be a large amount, falling short of the
annual need and maintenance, as well as major projects that need to
be addressed.
Ms. Nicolai stated staff spoke to Council about numerous options,
including a Utility Users Tax, Municipal Services Tax, Landscaping
and Lighting Assessment District, and two options before Council tonight,
one to raise the Transient Occupancy Tax from 8 percent to 10 percent.
She noted at the current level of activity in hotels in San Rafael,
it is projected to bring in approximately $100,000 to $110,000 annually,
indicating since this is a percentage, it depends on the activity
and the occupancy rate of the hotels and noted because San Rafael
is a Charter City, Council has the authority to raise this tax.
Ms. Nicolai stated the hotel/motel operators mentioned a decline in
their occupancy rate because of the opening of other hotels in Marin
County. The San Rafael Chamber of Commerce opposes this move as well,
although both the Chamber and hotels feel one activity in the community
worthy of consideration of funding is an active tourists and visitors
bureau, and possibly done on a Countywide basis, indicating the City
should seriously consider contributing to this.
Mayor Mulryan called upon anyone wishing to speak on this item.
Ms. Mary Jo Lazear, President of the San Rafael Chamber of Commerce,
stated they opposed the tax increase unless a
of the increase is earmarked for the specific
and promoting in order to increase the hotel
San Rafael.
Mayor Mulryan felt this to be a valid point.
significant portion
purpose of marketing
and motel business in
Councilmember Thayer agreed that this is a valid point, but asked
if it would need to be on a ballot if it is to be designated for a
specific purpose.
City Attorney Ragghianti replied if the Ordinance itself contained
language which specifically designated all or a portion of the tax
for this purpose, yes, but it would be no if there simply was a deter-
mination at a future date by this Council that they chose to allocate
a portion of the revenues to this purpose.
SRCC MINUTES (Regular) 9/19/88 Page 4
SRCC MINUTES (Regula, 9/19/88 Page 5
Mr. Craig Thompson, General Manager of the Clarion Hotel, spoke in-
dicating he was representing a group of hotel owners and managers
consisting of the Colonial Motel, Jean and Traute Capdarest, Villa
Inn, Romaine and Rolland Cherbero, Panama Hotel, Dan Miller, Rainbow
Inn, Calvin Collins and San Rafael Inn, Nick Patel, all of whom oppose
the raise in the transient occupancy tax, noting a letter was submitted
outlining their reasons. He noted their occupancies have been declining
significantly this year from last year, mainly due to the additional
competition in Marin County. He also cited that the hotels and motels
do not have support from the City in the form of a visitors bureau,
brochures or any form of advertising or any type of visitors information
center, noting Santa Rosa has a highly visible and very productive
visitors and information center, as well as Sonoma County which has
a visitors bureau that has an annual budget of $865,000 and maintains
a staff of ten fulltime people to promote tourism.
Mr. Thompson indicated if the tax proceeds over their objections,
they would like to see one percent of the tax go back into the community
to encourage tourism through the San Rafael Chamber of Commerce and
eventually to a new group that is being formed called the Marin County
Lodging Association, which has a dream that at some point the townships
in Marin County would all be able to raise the transient occupancy
tax to a level that is competitive - 10%, and be able to take half
of that to fund a Marin County Visitors and Convention Bureau. He
pointed out the City of Novato has already enacted a transient occupancy
tax increase with a portion going to the Chamber to help develop tourism.
Dr. Rafael Dufficy, President, San Rafael Forward 2000, spoke indicating
they are not necessarily against the tax but how it is going to be
used, noting it was his understanding the money will go into the General
Fund and will be used to hire people who were asked for in the budget
but were not funded, and stating they are against hiring more personnel.
He stated this information was given to him by the City's Finance
Director.
Finance Director Ransom Coleman indicated the only conversation he
had with Dr. Dufficy was to explain that the monies would go into
the General Fund and be used for whatever purposes the City deemed
necessary.
Ms. Traute Capdarest, operator of the Colonial Motel for the last
two years, spoke in opposition of the tax increase, asking that fairness
prevail, and to equalize the tax burden among all 4,000 San Rafael
businesses rather than singling out seven lodging establishments.
She noted hotel/motel occupancy tax revenue has dropped due to the
new Marriott Hotel in Larkspur and the Quality Inn in Ignacio, both
of which opened in 1987, adding another 250 rooms to Marin County.
As a result, San Rafael's occupancy tax revenue has declined from
$435,000 to $409,000 according to Finance Director Coleman's office.
She stated if the increase is enacted, San Rafael would have the highest
occupancy tax in Marin County and this would cause an adverse impact
on their industry, noting the traveler may choose not to visit San
Rafael if he can help it, pricing their establishments out of the
market and even smaller revenues would be generated for the City.
As no one else wished to speak, Mayor Mulryan closed the public hearing.
Councilmember Frugoli noted the City should maintain the same tax
rate as the other cities in Marin and that he was opposed to raising
the rate to 10%.
Councilmember Thayer stated a new hotel will probably be built in
San Rafael and that the revenue will probably be higher than the current
$110,000, noting the City is looking for new sources of revenue, however,
she felt some excellent points had been made tonight with regard to
a Visitors Bureau and that funds should be allocated for such a project
from the General Fund, should the tax be increased, as advertising
is needed.
Mayor Mulryan pointed out that action on that issue would have to
be taken at a later time.
SRCC MINUTES (Regular) 9/19/88 Page 5
SRCC MINUTES (Regular 9/19/88 Page 6
Councilmember Breiner indicated she will not vote in favor of the
tax at this time as it might be counter-productive in terms of the
increased competition in the County and from hotels to the north,
noting she was troubled that the City would be the highest in the
County and among the highest in the State.
Mayor Mulryan and Councilmember Thayer spoke in favor of the tax.
Councilmember Boro stated he was in favor of the tax, noting the Council
is committed to finding ways to fund the services San Rafael's citizens
are looking for, and indicated Tiburon's tax is currently 9%. He
asked that funding of a Visitors Bureau on a countywide basis be discussed
at budget time next year.
City Attorney Ragghianti indicated there have been discussions with
regard to the authority of the Council to impose this tax, and he
wanted to state for the record that last Thursday, October 14th, the
Fourth District Court of Appeals rendered a decision in the case called
the City of Westminister vs. the County of Orange, the case in which
the California Tax Reduction movement intervened, declaring unconstitutional
Proposition 62 which found its way into the Government Code on November
4, 1986. The County of Orange is a General Law city, and Mr. Ragghianti
stated it is his opinion regardless of the tenets in that particular
case that the City of San Rafael, a Charter City, is free to impose
this tax, free of any of the constraints contained in Proposition
62 because of the fact that it is a Charter City and because of the
legal argument that the Home Rule provisions as contained in the California
Constitution cannot be constrained in any way by a statutory initiative
such as Proposition 62. He noted he spoke with the individuals handling
litigation in the City of Los Angeles who are also of this opinion
and who have advised the City Council in Los Angeles that Proposition
62 is unconstitutional and does not apply to a Charter City.
Mr. Ragghianti noted Mayor Mulryan had taken this position and stated
he believed him to be right, stating he thinks the law supports this,
and noting we now have a case which he believes will now go to the
California Supreme Court but which also lends further support to this.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING
TITLE 3, CHAPTER 3.20 ENTITLED "UNIFORM TRANSIENT OCCUPANCY TAX",
SECTION 3.20.030 OF THE SAN RAFAEL MUNICIPAL CODE."
Councilmember Boro moved and Councilmember Thayer seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1550 to print increasing
the transient occupancy tax from 8% to 10%, by the following vote,
to wit:
AYES: COUNCILMEMBERS: Boro, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner and Frugoli
ABSENT: COUNCILMEMBERS: None
17. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION TO INCREASE EXPIRED
METER, OVERTIME METER PARKING AND OVERTIME PARKING ZONE -1 HOUR AND
2 HOUR FROM $7.00 TO $10.00 AND METER VIOLATION WITH OVERTIME PARKING
FROM $10.00 TO $15.00 (CM) - File 11-18 x 9-10-2
Mayor Mulryan declared the public hearing opened.
City Manager Nicolai indicated this was the second option dealing
with another source of revenue, and staff is recommending that the
meter violation fees be raised from $7.00 to $10.00 and meter violation
with overtime parking from $10.00 to $15.00 to take effect January
1989. This only applies to those who are violating the time limits
as stated in the downtown area, noting the City is currently the lowest
in Marin County. It does not affect the money put into the meter
for the stated amount of time but only if you are a violator. She
noted although no official communication has been received from the
Downtown Merchants Association against the increase, there was concern
expressed, with some opposing the increase, and stated there is some
sentiment among the downtown merchants and the Chamber that the City
strictly enforce the time limits.
SRCC MINUTES (Regular) 9/19/88 Page 6
SRCC MINUTES (Regular, 9/19/88 Page 7
Mayor Mulryan asked for public comment.
Mr. Ray Swanson from the Bret Harte area indicated he would prefer
getting rid of the parking meters and have the City form an Assessment
District for parking on Fourth Street, in order to get more business
in the area.
As no one else wished to speak, Mayor Mulryan closed the public hearing.
Councilmember Breiner requested the Police Department to monitor the
parking spaces so that employees who are using the metered parking
are ticketed.
City Manager Nicolai indicated she and Police Chief Ingwersen are
looking into adding one more parking meter enforcement person, noting
that person could generate enough revenue to more than pay the salary
as well as create some additional funding for a part-time person just
to deal with abandoned vehicles.
Councilmember Frugoli indicated he felt the increase would take business
away from the downtown area and make people very unhappy and as this
would generate only an approximate $100,000 in additional revenue,
he would be voting against this.
Councilmember Thayer noted Corte Madera, which has the largest parking
area in the County, currently has a $12.00 parking ticket.
RESOLUTION NO. 7825 - AMENDING RESOLUTION NO. 5517, SETTING NEW BAIL
SCHEDULE FOR CERTAIN VEHICLE AND MUNICIPAL CODE
ORDINANCE VIOLATIONS (To increase expired meter,
overtime meter parking and overtime parking
zone -1 hour and 2 hour from $7.00 to $10.00,
and meter violation with overtime parking from
$10.00 to $15.00, to take affect January, 1989)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli
ABSENT: COUNCILMEMBERS: None
18. PROLIFERATION OF MULTI -NEON SIGNS IN DOWNTOWN AREA (P1) - File 125
x 10-1
Councilmember Breiner stated she has been concerned with a proliferation
of visual blight caused by little neon signs, such as beer signs,
that are going up mostly on Fourth Street in one building after another,
and asked that the Council call a halt to it. She noted the intention
when the Sign Ordinance was modified was that it would give greater
flexibility to have more attractive signing in the commercial area,
and this unintentional result was not anticipated.
She indicated she has discussed the neon signs with Roy Butts, the
City's Code Enforcement Officer and Anne Moore, Planning Director.
These type of plug-in signs are being considered as temporary signs,
so long as it is up no longer than sixty days and a temporary sign
is supposedly, by our Ordinance, alright.
Ms. Breiner suggested limiting the number of neon signs for a business,
such as one sign or at the most two of which one could be a sign that
says "Open" and those would be permissible without a sign permit,
but the City would need to have a "not to exceed" limitation and any
neon sign over a certain size would have to get a permit, with a decision
to be made as to what is fair size to use as a maximum before the
need for a permit.
Planning Director Moore noted signs that fall into the 25 percent
limitation of the window area are treated as conforming signs under
the Ordinance.
In response to question from Councilmember Boro on the number of approved
neon signs, Ms. Moore indicated the Environmental Design Review Ordinance
was changed so that neon could be part of the signage for a building
so long as an ED was secured from the Planning Commission, noting
the Pasand Restaurant was approved. Also, plans for a drive-in were
SRCC MINUTES (Regular) 9/19/88 Page 7
SRCC MINUTES (Regular. 9/19/88 Page 8
approved that would have been constructed at the King Henry VIII site,
but that proposal did not come to fruition and those approvals expired,
and recently, a new commercial building on the north side of Fourth
Street, between D and E, Allessandro's new building, was approved
by the Planning Commission with some neon signage. Only those three
businesses have proposed neon signs that come under the Environmental
Design Review portion of the Ordinance. The bulk of the neon signs
are clearly within the window sign provision of the Ordinance.
Mrs. Sue Lifschiz, of 27 Dunfries Terrace, spoke indicating she considered
herself the citizen watchdog of the Sign Ordinance, having served
on the Sign Committee revising the Sign Ordinance in 1976. She noted
when the Sign Ordinance was considered for revision in 1986, she wrote
a letter expressing her concern. Monitoring and enforcement is the
real problem, noting that every business is entitled to have neon
in 25% of its window space. She strongly urged that the Council take
another look at that provision of the Ordinance and consider taking
it back to where it was before, reminding the Council that the Sign
Ordinance is the only thing that protects a City, particularly our
Downtown area, from the kind of visual pollution that leads to blight
and decay. Mrs. Lifschiz stated for the record that the neon signs
are not being tolerated by the community.
Councilmember Frugoli did not think the current signage was harming
the downtown area, however, noting that it should stay within the
required area.
Councilmember Breiner requested this be on the next agenda, and in
the meantime, suggested Councilmembers review the downtown area for
neon signage to see if, in fact, they like what they are seeing and
can envision that all up and down Fourth Street, because that is really
the issue.
Ms. Moore cautioned the Council, if they are interested in making
any changes to the Sign Ordinance, that it be done in a way that there
is either a blanket prohibition or a specified number and type of
signs per business on a certain date, effective in the future. The
reason for her recommendation of that kind of approach is that any-
thing different, such as a change in the rules as of a certain date
where everyone else can keep what they have, means that all of the
properties have to be surveyed, noting there is nothing more staff -
time intensive than doing an existing sign survey, and the approach
should be handled very carefully.
After further discussion, item was scheduled to come back at meeting
of October 3, 1988 for further discussion; meantime, Council/staff
will review area for signs. Following that meeting, a revision to
the Sign Ordinance may be considered.
19. REPORT RE MONTECITO NEIGHBORHOOD PLAN PRIORITY STATUS (Pl) File 227
x 115
Mayor Mulryan asked whether there might be any other funding sources
to help fund expediting preparation of the Montecito Neighborhood
Plan.
City Manager Nicolai indicated staff is planning, after the second
revenue quarter figures are known, to review the status of the overall
budget and any modifications or actions the Council might want to
take at that time, noting this item could be added to the list of
issues the Council may want to consider. She noted if there is money
to hire a Consultant, as much of a consideration of the money to hire
a Consultant is the impact on the existing staff to supervise those
consultants, noting it might be more beneficial to consider adding
a second Senior Planner as Advance Planner to deal with implementation
programs in the General Plan over the next couple of years than to
hire a consultant to do a couple of these projects which the Senior
Planner has to supervise anyway.
Senior Planner Jean Freitas gave an overview of the staff report,
noting the Montecito Neighborhood Plan is a Priority II program, that
is, it is a program that was anticipated to start two to five years
after plan adoption. Staff has several major Priority I projects
or ongoing advance planning projects that are scheduled to be started
SRCC MINUTES (Regular) 9/19/88 Page 8
SRCC MINUTES (Regular, 9/19/88 Page 9
within the first two years after plan adoption, as listed in the staff
report. She mentioned the required Zoning Ordinance revisions for
consistency with the General Plan, the East San Rafael Neighborhood
Plan and the St. Vincents/Silveira Advisory Committee are the major
projects in this first year.
In addition, page 2 of the staff report lists many ongoing tasks that
do require some amount of advanced planning staff time. The staff
report indicates that current staff will not be able to complete all
of the Priority I tasks within the next two years, given the magnitude
of some of these projects and that specifically, the Zoning consistency
revisions, comprehensive Zoning Ordinance revisions are typically
reviewed by Planning staff and Planning consultants as comparable
work tasks to preparation of the General Plan and a comparison with
General Plan staffing levels is provided in the staff report. The
plan required six fulltime staff, working on the draft for nine months.
By comparison, two staff people will be working parttime on the Zoning
Ordinance revisions.
She then went on to explain in detail the other tasks to be done and
discussed the three alternatives to expedite preparation of the Montecito
Neighborhood Plan so that work can be underway within the next two
years, as listed in the staff report.
Councilmember Breiner suggested having a staff member and a Montecito
Neighborhood Association representative contact the Marin Community
Foundation concerning housing, to discuss obtaining funding assistance
from the Foundation to help in the formation of the Montecito
Neighborhood Plan, since this particular neighborhood is designated
one of the higher density neighborhoods in San Rafael.
Councilmember Frugoli indicated he would prefer hiring a consultant
on a contract basis rather than hiring an additional planner.
Councilmember Boro noted one of the charges to the new Planning Director
to be hired would be to come forward with how they are going to implement
the General Plan.
Senior Planner Freitas mentioned the level of building activity in
the Montecito Neighborhood, noting the number of units per year, excluding
the San Rafael Commons project, has averaged about three units per
year over the last 10 years.
Mr. Jeff Mulanax with the Montecito Neighborhood Association, presented
Council with a letter and voiced his objection to other projects coming
before Montecito.
Mr. Clifford Elbing mentioned he was expecting to appeal an anticipated
decision of the Planning Commission approving an addition in his
neighborhood, noting no further building should be allowed until the
Montecito Neighborhood Plan has been adopted.
Councilmember Thayer suggested that the Montecito Neighborhood Plan
be designated as a priority one even though it may not be done immediately
and see what can be done with funding in the future.
Council accepted report, without motion.
ADD ITEM
1. COMMENDING THE POLICE AND FIRE DEPARTMENTS - Files 9-3-30 x 9-3-31
Councilmember Boro complimented Police Chief Ingwersen and Fire Chief
Marcucci for the quick response made by their departments regarding
an accident in front of his home. He stated Police responded within
two minutes of a call to 911, noting the Emergency Squad and Fire
Department were very professional.
Mayor Mulryan stated he was approached by a new San Rafael resident
today, who commented that his wife had been receiving threatening
phone calls with no response from the phone company. He stated she
called the police who assisted her; and stated she was happy to have
made the move to San Rafael.
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SRCC MINUTES (Regular, 9/19/88 Page 10
Councilmember Thayer commended the Police Department for the cash
they were allowed to keep through a drug "bust", which helped the
City's revenue sources.
There being no further business, the meeting was adjourned at 9:45
PM.
JEANNEL ONCINI, Cit Clerk
APPROVED THIS DAY OF 1988
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 9/19/88 Page 10