HomeMy WebLinkAboutCC Minutes 1985-08-05SRCC MINUTES (Regular; 8/5/85 Page 1
In the Conference Room 201 of the City of San Rafael, Monday, August 5,
1985, at 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS
No action was taken.
In the Council Chambers of the City of San Rafael, Monday, August 5, 1985,
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Richard Nave, Councilmember
Jerrry Russom, Councilmember
Absent: Gary R. Frugoli, Councilmember
Also Present: Ted A. Gaebler, City Manager; Jeanne M. Leoncini, City Clerk;
Gary T. Ragghianti, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nave seconded, to approve the
recommended action on the following consent calendar items:
Item
Recommended Action
2. Approval of Minutes of Special Approved as submitted.
Joint Workshop Meeting with
City Council of June 18, 1985
and Regular Meetings of July 1
and 15, 1985 (CC)
3. Statements of Disclosure: (CC) - Accepted Reports of:
File 9-4-3 x 9-4-4
a. City Manager Ted A. Gaebler
b. Planning Commissioners (2) Joyce Rifkind and Richard O'Brien
c. Redevelopment CAC Members (2) Jack McDonough and G. Kelley Reid, Jr.
and Redevelopment Staff (1) Susan Chamberlain
6. Request to Waive the Applica-
tion Fees for the Rotary Manor
Expansion (P1) - File 188
7. Approval of Contracts for
Legal services: (CA)
a. Ray Sherman - Foreclosure
of Delinquent Assessment
(Canalways) - File 4-3-144
Approved staff recommendation.
RESOLUTION NO. 7145 - RESOLUTION
ORDERING FORECLOSURE OF DELINQUENT
ASSESSMENTS AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE
ASSESSMENTS (with RAY SHERMAN,
effective July 8, 1985).
b. Whitmore, Kay & Stevens - RESOLUTION NO. 7146 - RESOLUTION
Defense of Lawsuit Entitled: AUTHORIZING THE SIGNING OF A CONTRACT
San Rafael Peace Officers FOR LEGAL SERVICES (with WHITMORE, KAY
Association et al. vs. & STEVENS, effective July 1, 1985, re
City of San Rafael, et al. - Police Officer's Association v. City
File - 4-3-145 of San Rafael)
8. ED84-111 - Agreement with RESOLUTION NO. 7147 - RESOLUTION
Dexter Toyota, 445 Francisco AUTHORIZING THE SIGNING OF AGREEMENT
Boulevard, to Provide Required WITH GEORGE H. AND GERALDINE DEXTER,
Site Improvements when AGREEMENT FOR PROVIDING OF IMPROVEMENTS
Francisco Boulevard is 445 FRANCISCO BOULEVARD EAST
Widened (P1) - File 4-1D-195
SRCC MINUTES (Regular) 8/5/85 Page 1
SRCC MINUTES (Regular) 8/5/85 Page 2
9. Authorization to Execute Right -
of -Way Contracts and Acceptance
of Grant Deeds for Kerner
Boulevard Right -of -Way (Lands
of Grange) Kerner Boulevard
Assessment District (PW) -
File 6-35
10. Request for Approval of
Agreements with PG&E for
Underground Utilities -
Peacock Gap Improvement
District: (PW) - File 6-37
a. Peacock Manor
b. Peacock Estates
11. Resolution Amending Resolution
No. 6691 Pertaining to the
Compensation for Management
and Mid -Management Employees
to Provide for Increase in
Salary for Assistant City
Manager - File 7-3 x 9-3-11
12- Towing Resolution Revoking,Permita -
of Douglas Shaffer, DBA Marin
Towing Business within the City
of San Rafael and to Remain on
the San Rafael Police Depart-
ment's Rotation Towing List,
Pursuant to San Rafael
Municipal Code Section
10.84.100 and City Council
Resolution No. 6083 (CA) -
File 9-3-30 x 9-10-2
13. Claims for Damages: (PW)
a. Maxine Hanzlik -
File 3-1-993
b. Harry Voight -
File 3-1-996
c. Julio Hernandez -
File 3-1-997
RESOLUTION NO. 7148 - RESOLUTION
ACCEPTING CONVEYANCE OF REAL PROPERTY
AND AUTHORIZING EXECUTION OF RIGHT-OF-
WAY CONTRACT - KERNER BOULEVARD
ASSESSMENT DISTRICT, SAN RAFAEL,
CALIFORNIA (A.D. NOS. 9, 10, and 25)
RESOLUTION NO. 7149 - RESOLUTION
ACCEPTING CONVEYANCE OF REAL PROPERTY
AND AUTHORIZING EXECUTION OF RIGHT-OF-
WAY CONTRACT - KERNER BOULEVARD
ASSESSMENT DISTRICT, SAN RAFAEL,
CALIFORNIA (A.D. NOS. 7 and 9)
RESOLUTION NO. 7150 - RESOLUTION
AUTHORIZING THE SIGNING OF AGREEMENT
WITH PACIFIC GAS AND ELECTRIC COMPANY
FOR THE "INSTALLATION, MAINTENANCE
OPERATION AND CONVEYANCE, OF UNDER-
GROUND GAS AND ELECTRIC FACILITIES IN
THE PEACOCK MANOR SUBDIVISION" PEACOCK
GAP IMPROVEMENT DISTRICT
RESOLUTION NO. 7151 - RESOLUTION
AUTHORIZING THE SIGNING OF AGREEMENT
WITH PACIFIC GAS AND ELECTRIC COMPANY
FOR THE "INSTALLATION, MAINTENANCE
OPERATION AND CONVEYANCE, OF UNDER-
GROUND GAS AND ELECTRIC FACILITIES IN
THE PEACOCK ESTATES SUBDIVISION"
PEACOCK GAP IMPROVEMENT DISTRICT
RESOLUTION NO. 7152 - RESOLUTION
AMENDING RESOLUTION NO. 6691 PERTAINING
TO THE COMPENSATION FOR MANAGEMENT AND
MID -MANAGEMENT EMPLOYEES TO PROVIDE FOR
INCREASE IN SALARY FOR ASSISTANT CITY
MANAGER (Minimum $3,400; Maximum
$4,000, effective July 15, 1985)
NO. 7153 - RESOLUTION REVOKING
THE PERMITS OF DOUGLAS SHAFFER, DBA
MARIN TOWING, TO ENGAGE IN TOWING
BUSINESS WITHIN THE CITY OF SAN RAFAEL
AND TO REMAIN ON THE SAN RAFAEL POLICE
DEPARTMENT'S ROTATION TOWING LIST
(Effective date of said revocations
is July 18, 1985)
Approved Insurance Consulting
Associates, Inc. recommendations for
denial of claims.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
ABSTAINED: COUNCILMEMBERS: Breiner (from Voting on Minutes of July 1,
1985 only, due to absence.)
SRCC MINUTES (Regular) 8/5/85 Page 2
SRCC MINUTES (Regular) 8/5/85 Page 3
4. BID OPENING AND AWARD OF CONTRACT - 1985 REROOFING AND ALTERATIONS - SAN
RAFAEL LIBRARY (PW) - File 4-1-385 x 8-5
Mayor Mulryan inquired how this item was to be funded.
After discussion, Councilmember Russom moved and Councilmember Breiner
seconded, to adopt the Resolution awarding the contract for reroofing
and alterations to the San Rafael Library to Ralph Curren Builders,
Inc., in the amount of $59,979; and appropriate an additional $10,000
for completion of the project from unappropriated reserves.
RESOLUTION NO. 7154 - RESOLUTION OF AWARD OF CONTRACT FOR 1985 REROOFING
AND ALTERATIONS, SAN RAFAEL LIBRARY (to Ralph
Curran Builders, Inc., low bidder, in amount of
$59,979)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
5. REPORT ON BID OPENING FOR UTILITY BOAT FOR POLICE DEPARTMENT (PD) -
File 4-2-203 x 9-3-30
After discussion, Council agreed, without motion, to reject all bids as
being too high, and requested that specifications for the utility boat
be modified to provide a unit of adequate size and performance that will
meet budgetary requirements, with item to go out to bid again and come
back to Council at a later date.
14. PUBLIC HEARING - P85-13 - APPEAL OF PLANNING COMMISSION DETERMINATION
THAT AMBULANCE SERVICES ARE NOT ALLOWED IN R-4 ZONE; 1314 LINCOLN
AVENUE; UNITED AMBULANCE SERVICE, APPELLANT; AP 11-185-04 (P1) -
File 10-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore noted that during the week of May 6, 1985, a
complaint had been received from a neighbor about an ambulance service
operating in an R-4 zoning district at 1314 Lincoln Avenue, which staff
confirmed. She explained that R-4 zoning does not allow this type of
use.
United Ambulance Service was notified that they were in violation of the
San Rafael zoning ordinance, either by application or by right or
subsequent approval of a use permit of which they appealed. They
indicated that that property was used as a residential use for their
employees. The Planning Commission held a public hearing on July 9,
1985 regarding the appeal, and considered significant testimony from the
neighbors on the noise and flashing light nuisances. Staff has seen the
lights flashing and heard sirens blaring even before an ambulance has left
the driveway of the site.
Staff is recommending that a Resolution be adopted indicating that the
use is not allowable at this location and that the use is to be removed
within 30 days.
Mr. Kim Johansen, Chief Operating Officer of United Ambulance Service,
stated that they have found an alternative site in a properly zoned
district, but indicated that they would not be able to move until
September 15, 1985. Mr. Johnsen asked if the Council would allow them
this time frame, and Council agreed.
Mr. Rick Sheviakov of 1318 Lincoln Avenue, stated that he would prefer
having the United Ambulance Service leave sooner than was agreed upon
tonight.
Mayor Mulryan closed the public hearing.
Councilmember Breiner moved and Councilmember Nave seconded, to adopt
the Resolution,amended to read that the United Ambulance Service is to
vacate the premises by September 15, 1985.
SRCC MINUTES (Regular) 8/5/85 Page 3
SRCC MINUTES (Regular) 8/5/85 Page 4
RESOLUTION NO. 7155 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RAFAEL FINDING UNITED AMBULANCE SERVICE TO BE
LOCATED AT 1314 LINCOLN AVENUE IN VIOLATION OF
SAN RAFAEL ZONING ORDINANCE
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
15. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 357 THIRD STREET (RAFAEL
YOGURT) (PW) - File 13-1-1
Mayor Mulryan declared the pubic hearing opened.
SAN
THE
Assistant Public Works Director Strom stated that this item was an
appeal by the owner of the Rafael Yogurt Shop in the Montecito Shopping
Center, asking for relief from the handicapped access requirements which
requires that he enlarge the restroom facilities in the building. The
building is only 500 square feet and the cost for the renovation would
be between $600 and $1,000. The Marin Center for Independent Living has
contacted staff and agreeswith staff's recommendation.
Mayor Mulryan closed the public hearing.
Councilmember Nave moved and Councilmember Breiner seconded. that the
City Council, sitting as the Board of Appeals, approves upholding the appeal,
determining that in this particular case the provision of a handicapped
accessible toilet room would represent an unreasonable hardship to Mr.
Syrous Behrouz at 357 Third Street, and requested that a Resolution with
Findings be prepared and brought back to Council at the meeting of
August 19, 1985.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
16. CONSIDERATION OF PROPOSED ORDINANCE RE DISCLOSURE OF STORAGE OF
HAZARDOUS MATERIALS (FD) - File 9-3-31
Mayor Mulryan declared the public hearing opened.
Fire Chief Marcucci stated that this ordinance was presented to the
Council at the previous meeting as information for input from the
Council. Since then, the ordinance has been revised.
Chief Marcucci reiterated that the Fire Department has indicated there
is a need to identify the businesses within the City of San Rafael who
are storing or using hazardous materials, and that having a Disclosure
"Right -to -Know" Ordinance would be protecting the health and welfare of
the citizens.
Ms. Robyn Prud'homme Bauer, President of League of Women Voters of Marin
County, urged the Council to adopt the ordinance.
Mr. Peter Russell, member of the Board of Directors of the Marin
Conservation League, supported adopting the ordinance.
Mr. David Marquart, with the Airco Supply Company in San Rafael,
an industrial gas distributor, stated that he was surprised to see that
more people who would be affected by the ordinance were not present.
Mr. Marquart did not agree with some parts of the ordinance,
particularly in the management program in training, recordkeeping and
safety procedures that he felt were not clear. He did not disagree with
the necessity of the recordkeeping, but was concerned about when the
ordinance would take effect.
Chief Marcucci indicated some typographical errors in the proposed
ordinance would be corrected and commented on the mailing of the staff
report and proposed ordinance, indicating that approximately 34
companies who would be affected were notified. The list was compiled
from review of the business license printouts and the telephone book
yellow pages.
SRCC MINUTES (Regular) 8/5/85 Page 4
SRCC MINUTES (Regular) 8/5/85 Page 5
Mr. Richard McDonald, who has a pest control business in San Rafael,
spoke on the training program within his company and recordkeeping as a
burden on the small businessman. Mr. McDonald agreed that the Fire
Department has a right to enter a building but indicated that the
ordinance is too cumbersome, and felt that it was duplicating the State,
County and Federal requirements.
Mr. Neil Pickus, Registered Mechanical Engineer employed with PG&E,
stated that in general, the PG&E supports the ordinance.
Mayor Mulryan closed the public hearing.
Councilmember Breiner referred to Section 4.12.090, Standard Forms
HMMP, asking if there is the flexibility to abbreviate the forms that
are necessary to be used by certain firms, and Chief Marcucci responded
affimatively.
Councilmember Russom requested that once the ordinance is in effect,
it be distributed to all people who store chemicals under the provision
of the ordinance, and that an effort be made to reach more companies
other than the methods previously used.
Fire Chief Marcucci explained that each year the Fire Department
personnel goes through every structure to inspect the occupancy to be
sure they are in conformance with the Fire Code. At that point, if
hazardous materials are indentified, those companies would then be
directed to the ordinance. This year, the department may not be able to
reach everyone, but within a year or year and a half, they hope to do
SO.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO TITLE 4
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL RELATING TO DISCLOSURE
OF HAZARDOUS MATERIALS"
Councilmember Russom moved and Councilmember Breiner seconded, to
dispense with the reading of the Ordinance in its entirety and refer to
it by title only and pass Charter Ordinance No. 1510 to print as revised,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
17. CONSIDERATION OF FUNDING FOR ALBERT PARK TENNIS COURT IMPROVEMENTS (PW)
- File 4-1-362 x 8-5
Assistant Public Works Director Strom reported that the request was for
the City to participate in the cooperative community project to beautify
the Lindaro Street frontage of Albert Park. Mr. Strom directed Council
to a drawing of the proposed tennis court improvements, explaining that
although the original estimate was approximately $80,000, the
improvements have been pared down to approximately $25,000. Mr. Strom
stated that Mrs. Dolly Nave has been active in securing donations in the
amount of approximately $15,000 for labor and materials, and asked that
the City provide a maximum of $10,000 to complete the project.
Councilmember Breiner moved and Councilmember Russom seconded,
authorizing the expenditure of up to $10,000,for the
improvements to Albert Park Tennis Courts and appropriating said amount
from unappropriated reserves.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. CITY ATTORNEY'S IMPARTIAL ANALYSIS OF BALLOT MEASURES (CA) - File 9-4
Mayor Mulryan asked City Attorney Ragghianti if he would include a
statement in his analysis of Measure D, which requests the voters to
increase the City's Proposition 4 limitations, indicating that this
measure is not a tax increase.
SRCC MINUTES (Regular) 8/5/85 Page 5
SRCC MINUTES (Regular) 8/5/85 Page 6
City Attorney Ragghianti stated that it would be inserted, and agreed on
having it placed as a fifth sentence,i.e., "This measure is not a tax
increase".
Mr. Ragghianti informed the Council on Measure E, Initiative Measure Re
Closure of Secondary School, that the third paragraph showing the word
"government" should read "governing".
Council approved City Attorney's Impartial Analyses of Ballot Measures D
and E with the changes, without motion.
19. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT: (PW) - File 6-36
Assistant Public Works Director Strom stated that the item presented was
prepared by Daniel Bort, Bond Counsel for the proceedings,for Council
consideration.
Mayor Mulryan inquired if the lawsuit with William and Judith Murphy
was settled, and City Attorney Ragghianti responded that it was not, but
was being worked on. Also, Mr. Ragghianti stated that he was informed by
Attorney Elliot Bien, that he would be meeting with the San Francisco
Foundation on the ninth of August on this item, and indicated that Mr.
Donald Herzog, Soils Engineer, has written a letter in connection with
slide mitigation matters that will be made available to Council before
the next Council meeting.
RESOLUTION NO. 7156 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING
SERVICES (SUN VALLEY OPEN SPACE ASSESSMENT
DISTRICT)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 7157 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
(SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 7158 - RESOLUTION OF PRELIMINARY DETERMINATION TO
UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND
SETTING TIME AND PLACE OF HEARING (SUN VALLEY OPEN
SPACE ASSESSMENT DISTRICT) (Hearing to be held on
September 16, 1985, 8:00 PM)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 7159 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Engineer's Report - Filed.
Nave, Russom & Mayor Mulryan
RESOLUTION NO. 7160 - RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF
PROTESTS (SUN VALLEY OPEN SPACE ASSESSMENT
DISTRICT)
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Notice of Improvement - Filed.
SRCC MINUTES (Regular) 8/5/85 Page 6
SRCC MINUTES (Regular) 8/5/85 Page 7
20. DISCUSSION RE CONTINUING NOISE FROM T&T's FOURTH STREET BAR AND GRILL -
File 13-9
Mayor Mulryan explained that this item was on the agenda at the request
of Councilmember Breiner who indicated that she was contacted by Mr.
Gimi Sessi who furnished her with a video tape of the noise he and his
tenants were subjected to. Mrs. Breiner suggested that perhaps the
owners of the T&T bar could get together with the Sessi's and work out
an amicable solution as to the hours the bar could be opened for
business without being a nuisance to the surrounding neighbors.
Both Mr. and Mrs. Sessi urged the Council to review not only _
this use permit, but other permits where a bar is allowed in the
vicinity where people sleep, asking that this be looked into to see if
legally, the hours may be controlled, indicating that the bar owners are
trying to control the noise, but there are still complaints.
Mr. George Sylvestri, attorney for the Sessi's, suggested having some
police patrol at key times to help the owners control the noise.
Mr. Tim Stone, owner of T&T bar stated that he and his partner are aware
of the problem. Mr. Stone indicated that he informs his workers that by
10:00 p.m. the front doors are to be closed. He has posted a sign
asking patrons not to park their motorcycles between C and D on Fourth
Street, and asked the police who patrol late at night to enforce this if
it is lawful. Mr. Stone stated that the only way his business could
exist would be through police help or having a sign ordinance not
allowing people to loiter outside of the bar disturbing the peace.
Captain Richard Douglas of the Police Department stated that the Police
staff would be willing to help, but they are limited as to what they can
do. They could cite someone on a noise violation if their motorcycle
mufflers are illegal.
Mayor Mulryan asked Assistant City Manager Nicolai to assist in getting
together the owners of T&T's Fourth Street Bar and Grill and the
Sessi's and neighbors who are complaining about'tne noise from
the bar to help facilitate the problem.
21. CONSIDERATION OF ENDORSEMENT OF PROPOSED RESOLUTION RELATING TO SEEKING
AN ADMINISTRATIVE, LEGAL OR OTHER RESPONSIBLE REMEDY OR STAY TO KEEP THE
FAIR LABOR STANDARDS ACT FROM BEING APPLIED TO LOCAL GOVERNMENT IN
CALIFORNIA (CM) - File 9-11-1
Councilmember Breiner moved and Councilmember Nave seconded, endorsing
submission of Resolution Seeking Administrative, Legal or other
Responsible Remedy or Stay to Keep the Fair Labor Standards Act from
Being Applied to Local Government in California.
AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
ADD ITEMS:
1. NON -COPPER ROOF - EQUITEC BUILDING (P1) - File 10-2
Councilmember Russom requested justification from Planning Director
Moore re Issuance of Occupancy permit to Equitec Corporation, including
acceptance of a $75,000 bond, questioning the action and whether $75,000
would be enough to correct the problem.
Planning Director Moore stated that staff reviewed three alternatives by
the Equitec representative, and discussed the matter with several
architects and people familiar with the material on the building. Staff
then made the decision to go with alternative one which means applying a
new coating to the panels or painting them. Staff has expressed
concern about the kind of coating material proposed which is a similar
material with metal flecks that is not copper and was concerned about
the shine and glare from the roof. She indicated the issuance of the
occupancy permit was based on current good faith efforts with Equitec to
work this problem out, for they too are not pleased with the panels, nor
the $75,000 bond.
SRCC MINUTES (Regular) 8/5/85 Page 7
SRCC MINUTES (Regular) 8/5/85 Page 8
2. INTERIM UGENCY ZONING ORDINANCE OF THE CITY OF SAN RAFAEL ENACTING
MORATORIUM ON FORTUNETELLING BUSINESS (CA) - File 10-1 x 146
City Attorney Ragghianti presented an Interim Urgency Zoning Ordinance,
stating that their office had been inundated with requests from
individuals seeking permits from the City for fortunetelling. He
indicated the ordinance was being presented because the City's previous
ordinance prohibiting fortunetelling may not be valid. The California
Supreme Court has recently accepted hearing a case at the Appellate
Court level declaring an ordinance similar to the City of San Rafael's
ordinance unconstitutional because it prohibits fortunetelling
unconditionally.
The ordinance,as presented, will prohibit fortunetelling entirely
within the City for a period of 45 days, until staff brings to Council
at a later date, a regulatory ordinance required by the courts.
The title of the Ordinance was read:
"AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY OF SAN RAFAEL ENACTING
A MORATORIUM ON FORTUNETELLING BUSINESS"
Councilmember Breiner moved and Councilmember Nave seconded, to adopt
Charter Ordinance No. 1511, an Interim Urgency Zoning Ordinance of the
City of San Rafael Enacting a Moratorium on Fortunetelling Business by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
Nave, Russom & Mayor Mulryan
There being no further business, the meeting was adjourned.
JEAN R. LEONCINI, ity Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 8/5/85 Page 8
1985