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HomeMy WebLinkAboutCC Minutes 1999-09-07SRCC MINUTES (Regular) 9/7/99 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 7, 1999 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - COUNCIL CHAMBER - 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM • Conference with Legal Counsel - Anticipated Litigation Significant Exposure to litigation pursuant to Government Code Section 54956.9(b). One Case. Assistant City Attorney Guinan announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:20 PM None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Monday, Minutes approved as August 16, 1999 (CC) submitted. 2. Request for Amicus Participation: (CA) Approved amicus participation. - File 9-3-16 a. Kajima/Ray Wilson v. Los Angeles County Metropolitan Transportation Authority (California Supreme Court No. 5077461) b. Kathleen R. v. City of Livermore (California Court of Appeal, 1st District, Division 4) C. Headlands Reserve LLP v. City of Dana Point (California Court of Appeal, 4th District, Division 3, Case No. G024366) 4. Report on Summary of Legislation Affecting Accepted report. San Rafael (CM) - File 9-1 5. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Monthly Investment Report for month ending July, 1999, as presented. 6. Resolution Amending Resolution No. 9726 Pertaining to the Compensation and Working Conditions for the San Rafael Police Mid -Management Association (Three -Year MOU from July 1, 1999 through June 30, 2002) (MS) - File 7-8-5 7. Resolution Amending Resolution No. 9653 RESOLUTION NO. 10491 RESOLUTION AMENDING RESOLUTION NO. 9726 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID - MANAGEMENT ASSOCIATION (Three -Year MOU from July 1, 1999 through June 30, 2002). RESOLUTION NO. 10492 SRCC MINUTES (Regular) 9/7/99 Page 1 SRCC MINUTES (Regular) 9/7/99 Page 2 Pertaining to the Compensation and Working Conditions for the Marin Association of Public Employees, Supervisory Unit (Three -Year MOU from July 1, 1999 through June 30, 2002) (MS) - File 7-8-1 CONSENT CALENDAR (Continued): 8. Resolution Amending Resolution No. 9654 Pertaining to the Compensation and Working Conditions for MAPE/SEIU 949, Miscellaneous Unit (Three -Year MOU from July 1, 1999 through June 30, 2002) (MS) - File 7-8-1 RESOLUTION AMENDING RESOLUTION NO. 9653 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, SUPERVISORY UNIT (Three - Year MOU from July 1, 1999 through June 30, 2002). RESOLUTION NO. 10493 RESOLUTION AMENDING RESOLUTION NO. 9654 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, MISCELLANEOUS UNIT (Three - Year MOU from July 1, 1999 through June 30, 2002). 9. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1740 - An Ordinance of the City of San Rafael Ordinance No. 1740 - Amending Title 14 of the San Rafael Municipal Code "AN ORDINANCE OF THE CITY OF (City of San Rafael Zoning Ordinance), to Amend SAN RAFAEL AMENDING TITLE 14 Section 14.03.030 (Definitions) to Add a Definition OF THE SAN RAFAEL MUNICIPAL for Animal Keeping; to Amend Section 14.17.020 CODE (CITY OF SAN RAFAEL (Animal Keeping) to Require Administrative Use ZONING ORDINANCE), TO AMEND Permits for Keeping of More Than Ten Adult Cats,SECTION 14.03.030 More Than Three Adult Dogs, or More Than Three (DEFINITIONS) TO ADD A Potbellied Pigs per Property or Dwelling Unit; DEFINITION FOR ANIMAL KEEPING; to Include Additional Standards for Animal Keeping TO AMEND SECTION 14.17.020 and to Include the Provision for the Amortization (ANIMAL KEEPING) TO REQUIRE of Nonconforming Properties or Dwellings CreatedADMINISTRATIVE USE PERMITS FOR by the Revised Regulations (CD) KEEPING OF MORE THAN TEN ADULT - File 10-10 x 10-2 x 13-3 CATS, MORE THAN THREE ADULT DOGS, OR MORE THAN THREE POTBELLIED PIGS PER PROPERTY OR DWELLING UNIT; TO INCLUDE ADDITIONAL STANDARDS FOR ANIMAL KEEPING AND TO INCLUDE THE PROVISION FOR THE AMORTIZATION OF NONCONFORMING PROPERTIES OR DWELLINGS CREATED BY THE REVISED REGULATIONS". 10. Approval of Street Closures for the Second Approved staff recommendation. Annual Downtown San Rafael Brewfest on Sunday, October 17, 1999: Fourth Street from Lincoln Avenue to Lootens Place and Cijos from Fourth Street to the Parking Lot Entrance on Cijos, from 10:00 AM to 7:00 PM (RA) - File 11-19 x 104 SRCC MINUTES (Regular) 9/7/99 Page 2 SRCC MINUTES (Regular) 9/7/99 Page 3 11. Resolution Authorizing the Public Works Director RESOLUTION NO. 10494 - to be the Signatory for the Program Supplement RESOLUTION AUTHORIZING THE No. 0085 Rev. 0 for the City of San Rafael Slope PUBLIC WORKS DIRECTOR TO BE Repair Project on Oakwood Drive for $150,000 (PW) THE SIGNATORY FOR THE PROGRAM - File 171 x 12-16 SUPPLEMENT NO. 0085 REV. 0 FOR THE CITY OF SAN RAFAEL SLOPE REPAIR PROJECT ON OAKWOOD DRIVE FOR $150,000. 12. Resolution Accepting Proposal from Matterhorn for RESOLUTION NO. 10495 a Complete "Turnkey" Project for the Mahon Creek RESOLUTION ACCEPTING PROPOSAL Erosion Repair at "B" Street in an Amount Not to FROM MATTERHORN FOR A COMPLETE Exceed $50,000, and Authorizing the Mayor to "TURNKEY" PROJECT FOR THE Execute the Agreement (PW) - File 4-1-504 x 4-10-296 x 12-16 x 9-3-40 MAHON CREEK EROSION REPAIR AT "B" STREET, IN AN AMOUNT NOT TO EXCEED $50,000, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. 13. Report on Bid Opening and Adoption of Resolution RESOLUTION NO. 10496 Rejecting Bid for Freitas Park Rehabilitation RESOLUTION REJECTING BID FOR and Authorize Staff to Re -Evaluate and Rebid the FREITAS PARK REHABILITATION the Project (Project No. 275-6697-615-8000; Bid AND AUTHORIZE STAFF TO RE - Opening Held Tuesday, August 31, 1999) (PW) EVALUATE AND REBID THE - File 4-1-505 x 2-1-29 x 9-3-66 x 4-3-344 PROJECT. 14. Report on Bid Opening and Adoption of Resolution RESOLUTION NO. 10497 - Rejecting Bids for Bernard Hoffman Park RESOLUTION REJECTING BIDS FOR Rehabilitation and Authorize Staff to Re -Evaluate BERNARD HOFFMAN PARK and Rebid the Project (Project No. 275 -6697 -616 -IMPROVEMENTS AND AUTHORIZE 8000; Bid Opening Held Tues., 8/31/99) (PW) STAFF TO RE-EVALUATE AND REBID - File 4-1-506 x 4-7-28 x 9-3-66 THE PROJECT. CONSENT CALENDAR (Continued): 15. Report on Bid Opening and Adoption of Resolution RESOLUTION NO. 10498 - Awarding Contract to Redwood Landscaping Re: RESOLUTION OF AWARD OF Landscape Maintenance Contract - Andersen Drive CONTRACT TO REDWOOD Extension (Project No. 001-4435-8270; Bid Opening LANDSCAPING FOR LANDSCAPE Held Tues., 8/31/99) (PW) MAINTENANCE FOR ANDERSEN DRIVE - File 4-1-507 x 4-1-478 x (SRRA) R-246 EXTENSION FOR AN AMOUNT NOT TO EXCEED $19,596 (for one year). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for further discussion: 3. AMENDMENT TO THE PURCHASE AGREEMENT WITH MARIN COMMUNITY FOUNDATION FOR MENZIES PARKING LOT (CM) - File 4-10-309 x 226 x 9-3-84 City Manager Gould announced this item was being removed from the Agenda. SPECIAL PRESENTATION: 16. PRESENTATION TO THE CITY COUNCIL OF THE LEAGUE OF CALIFORNIA CITIES' HELEN SRCC MINUTES (Regular) 9/7/99 Page 3 SRCC MINUTES (Regular) 9/7/99 Page 4 PUTNAM AWARD FOR EXCELLENCE FOR THE CITY'S COMMUNITY FIRE SERVICING PROGRAM (CM) - FILE 102 x 9-11-1 x 9-3-31 Alan Shear, representing the League of California Cities, explained the mission of the Helen Putnam Award Program was to recognize and promote outstanding efforts and innovative solutions by city governments to 1) improve the quality of life for the local community, 2) implement efficiency of service delivery and operations, and 3) provide services that are responsive to the needs of the local community. He stated San Rafael's Community Fire Servicing Program exemplified those goals by expanding the role of the Fire Department from a traditional fire service organization into a community resource. He stated this has resulted in a reduction of fire incidents, better overall health care for the elderly and infant population, improved emergency services, and better overall environmental safety. Mr. Shear reported this program was so noteworthy it was going to be showcased next month at the League of California Cities' Annual Conference in San Jose. On behalf of the League of California Cities, Mr. Shear presented the City of San Rafael, for its Community Fire Servicing Program, the 1998 Helen Putnam Award for Excellence in Public Safety, presenting the award to Fire Chief Robert Marcucci. Chief Marcucci stated that with the flexibility the Council has allowed him, and the tolerance of his firefighters, they had been able to try something new, and he was accepting this award on behalf of the City, the Fire Department, the City Council, and the City Manager, who allowed him to try something different. Chief Marcucci noted he has been in Fire Service for a long time, and became dissatisfied with what he has seen most Fire Departments doing; therefore, in his "waning years", he wanted to take some risks and try to do some things differently. He thanked the City for allowing him the opportunity to try something new. Mayor Boro noted he had told Chief Marcucci that if he took the award, he would also have to take the picture of the Mayor first accepting this award; therefore, Mayor Boro presented Chief Marcucci with the photograph, telling him the picture had to be hung in his office. Mayor Boro stated he, too, had a special presentation to make, which had been kept a surprise. He reported Chief Marcucci's Community Fire Servicing Program had been submitted to the United States Conference of Mayors, noting many cities from throughout the Nation had competed. Mayor Boro announced the City of San Rafael had received the 1999 City Livability Award from the United States Conference of Mayors. He further explained the organization periodically publishes what is termed the best practices of each city, and in the next issue they will highlight Chief Marcucci's practice, which means the entire Nation will be exposed to his Community Fire Servicing Program. On behalf of the United States Conference of Mayors, and the City of San Rafael, Mayor Boro personally thanked Chief Marcucci for his innovation, his wonderful hard work, and his willingness to try something new. SRCC MINUTES (Regular) 9/7/99 Page 4 SRCC MINUTES (Regular) 9/7/99 Page 5 PUBLIC HEARING: 17. PUBLIC HEARING: (CD) - File 10-3 x 10-5 x 10-1 a. REQUEST TO AMEND THE SAN RAFAEL MUNICIPAL CODE ZONING ORDINANCE TO ADD "MINI -MARKETS", OR SIMILAR REVISION, TO TABLES 14.05.020, 14.05.022, AND 14.06.020 OF THE ZONING ORDINANCE'S COMMERCIAL AND INDUSTRIAL DISTRICT - TABLES OF PERMITTED USES AND TO ADD A DEFINITION FOR "MINI -MARKET", OR SIMILAR REVISION, IN CHAPTER 3, SECTION 14.03.030 (DEFINITIONS) OF THE ZONING CODE; b. PENDING APPROVAL OF THE ABOVE DESCRIBED ZONING ORDINANCE AMENDMENTS, A USE PERMIT IS REQUESTED FOR APPROVAL TO CONVERT THE SERVICE BAYS WITHIN THE EXISTING 1,606 SQUARE FOOT UNOCAL SERVICE STATION BUILDING INTO A MINI -MARKET AREA. THE SUBJECT PROPERTY IS LOCATED AT 1125 LINCOLN AVENUE IN THE 5/M/R/0 ZONING DISTRICT (APN 11-225-01 & 02), TOSCO CORPORATION, OWNER; MILTON G. BAYGELL, APPLICANT AND AGENT. Mayor Boro declared the Public Hearing opened, and asked for the staff report. Associate Planner Kraig Tambornini noted there were two actions currently before the Council, a Zoning Ordinance Amendment, as well as a Use Permit request. He explained the Zoning Ordinance Amendment would increase the allowable floor area devoted to ancillary retail sales at gas stations, with the increase being from the 100 square feet currently allowed to 1,000 allowable square feet, which would be contingent upon Use Permit approval. Mr. Tambornini reported that currently all gas stations within the City may have an ancillary retail area of 100 square feet, and several gas stations have added larger retail sales areas, through a Use Permit. He explained that to date, those requests have been processed in Commercial zoning areas, which also allow convenience markets. He stated there were six districts within the City, primarily Office and Industrial districts, which allow gas stations, but do not allow convenience markets; therefore, staff was proposing the expansion to allow larger ancillary retail use. He noted this would be limited to 1,000 square feet, in order to keep that use ancillary to the existing gas station operation. Mr. Tambornini reported that in researching this issue, staff identified approximately 18 gas stations in the City, and realized there were only two which were not allowed to have convenience markets, while most do have some ancillary retail component. He stated the Zoning Amendment would extend the allowance to all gas stations, and to ensure that the use remained ancillary, the size would be kept to a limit of 1,000 square feet. Mr. Tambornini acknowledged the change would raise the issue of alcohol sales at gas stations, an issue the Council has been faced with many times over the history of issues pertaining to gas stations and ancillary retail. He pointed out that State law preempts the City from restricting alcohol sales at gas stations with retail sales; however, the City does have some control over Public Convenience and Necessity determinations, as State law has allowed some discretion over these operations, in areas where there is over -concentration of alcohol licenses, or high crime areas. He also pointed out the State has a moratorium in effect, which basically limits new off -sale retail licenses. Mr. Tambornini stated the City's current Public Convenience and Necessity regulations do not address this moratorium, noting staff planned to return to the Planning Commission and City Council with Findings addressing the moratorium issue. Mr. Tambornini stated staff had reviewed the proposed Amendment, and based on what is happening with existing stations within the City and elsewhere, as well as what other communities are doing, staff determined the Amendment was consistent with gas station operations, which seem to be changing to this type of operation. Referring to the Use Permit now being requested, he explained this would be a net retail area of 574 square feet, within the existing service bays of the gas station located at 1125 Lincoln Avenue. He stated no other site changes were required to make this change, other than re -striping to accommodate additional parking at the site, and noted, at this time, the station was not proposing alcohol sales. Mayor Boro stated his concern was not particularly directed at this applicant's use, his concern was the use of alcohol at gas stations, and while he acknowledged the application before Council did not ask for that, he stated he was trying to look at this issue more broadly. Mayor Boro noted a few weeks ago the Council had spent a lot of time in Chambers discussing the use of cigarette stores, and their locations in residential SRCC MINUTES (Regular) 9/7/99 Page 5 SRCC MINUTES (Regular) 9/7/99 Page 6 neighborhoods. He felt it was inappropriate to allow gasoline dispensers to sell alcohol, stating it did not matter if a person was over -age or under -age, it was a bad combination. Mayor Boro noted it had been stated the City did not have the ability to preempt the sale of alcohol, but pointed out that if the Council did not allow the zone change, there would not be any increased retail sales area. He asked if there was any legal basis, whatsoever, while changing the zoning, to prohibit the sale of alcohol, under the City's current discretion? He stated he would like to see if there was some way the City could use the law to prohibit alcohol sales at gas stations, especially if the City was making an accommodation by changing the Zoning Ordinance. Assistant City Attorney Guinan stated the preemption, which is Business and Professions Code 23790.5, states specifically, "Cities, including charter cities, are preempted from prohibiting the sale of gasoline and alcoholic beverages in those zoning districts of the city where the sale of either item, at separate sites, is allowed". Mr. Guinan believed that was a strong preemption, and while he was not prepared at this time to state there was no way around it, he pointed out it clearly states the City cannot prohibit the sale of alcohol at a gas station in a zone in which the City already allows the sale of gasoline at one site, or the sale of alcohol, separately, at another site. Mayor Boro asked, without researching it further, if it was Mr. Guinan's opinion that the only way the City could prohibit this was to not add mini -markets? Mr. Guinan stated he believed that was correct. Community Development Director Bob Brown clarified that currently, the 100 square foot allowance for ancillary retail sales could allow, within that 100 square feet of floor area, the sale of alcoholic beverages. He acknowledged Mayor Boro was correct that the proposed change would expand the amount of retail sales area, which could include alcohol sales. Mayor Boro noted the Council has, until recent times, had a policy that the City does not co -locate those sales at the same location, stating he knew the City had some discretion when an application came before them, and also a State Code, which was followed. He stated he would like to see if there was any way the City could preempt the preemption, and while reiterating his understanding that this particular applicant was not asking to sell alcohol, at this point, he stated he felt a real obligation to the community to pursue this issue. He wanted to know if the City had any discretion, especially if the City was granting something? Mr. Guinan noted it had been pointed out in the staff report that since no alcohol was going to be sold at this location at this time, should the applicant, in the future, want to sell alcohol, he would have to apply to ABC (Alcoholic Beverage Control) for a PCN (Public Convenience and Necessity), and since there is a moratorium, it would then be brought back to Council, assuming the moratorium component of the Ordinance is in place. City Manager Gould suggested staff could bring this item back to Council, at the City Council meeting of September 20th, after further researching the matter of preemption, and any ways around the preemption. However, he noted he did not recommend continuing the issue much beyond that time. Mayor Boro agreed, although he noted he would like to see staff put the same effort into this issue as had been put into the cigarette issue. He also asked staff to work with the Marin Institute, using their resources to see if there might be anything they can assist us with, so at least Council can be assured the City has done all it can. Councilmember Cohen asked for more information concerning the moratorium. He noted Mr. Guinan had stated that since there was a moratorium, any applicant would come back to Council, assuming the zone change was made in time. Mr. Brown explained that approximately a year ago, staff came before the Council regarding the issue of Public Convenience and Necessity Findings, which had to be granted for on -sale liquor licenses in the Downtown, because the Downtown area was considered by the ABC to be over - concentrated with on -sale permits; however, he reported staff has now found that all of San Rafael has an over -concentration of off -sale permits. He stated that while they call it a moratorium, it can be circumvented by local approvals of a Finding of Public Convenience and Necessity. Mr. Brown reported the Council has adopted a Resolution with Findings for PCN's for on -sale, but has not done so for off -sale; therefore, staff would need to come back before the Council with that. Mr. Brown stated he saw quite a difference in the two, noting that in the Downtown, the City had an interest in allowing on -sale alcohol, in conjunction with entertainment uses; however, he was not sure that same overwhelming public need could be found for more off -sale permits in the City. Therefore, the Council could choose to be quite restrictive, or not allow PCN's for off -sale, which SRCC MINUTES (Regular) 9/7/99 Page 6 SRCC MINUTES (Regular) 9/7/99 Page 7 would essentially preclude additional off -sales, unless it involved the transfer of an existing license. Councilmember Cohen asked if there was anything the Council needed to do with regard to modifying the Zoning Ordinance, to allow the City to be quite restrictive with regard to off -sale? Assistant City Attorney Guinan clarified Councilmember Cohen was asking whether staff needed to bring back an Ordinance regarding the moratorium issue, prior to acting on the zone change. Mr. Cohen stated that was correct, although he acknowledged the two might be independent of each other. He noted it had only just been discovered that the ABC has a moratorium on off -sale, and it was not clear whether that meant the Council could simply consider any application that might come in for off -sale, and determine that the Findings cannot be made, or, whether there was some other amendment to the Zoning Ordinance that must be made in order for Council to put itself in that position. He stated he had gotten the impression during the previous discussion that the latter was the case, and there was some other modification of the Zoning Ordinance that would be required to put Council in the position to make sure they get to review any applications for off -sale, and make those kinds of Findings. He stated if that was the case, he wanted to expedite bringing those changes forward, as well. Mr. Guinan clarified it was not a Zoning Ordinance change that was needed, explaining his recommendation concerning the timing had been only that should this applicant apply to the Alcohol Beverage Control Board for an off -sale license, then because of the moratorium it would come back to the Council for review of a PCN, and at that time, the City would have to have something in place, which it did not have now, that would outline the criteria or Findings the Council would have to find, or not find, in order to grant, or not grant, the PCN. Mr. Brown pointed out that lacking a Council Resolution creating the Findings for granting these off -sale licenses during the moratorium, which was not time-limited, the Planning Division would simply not be able to approve them at all. Councilmember Cohen noted they had spoken of having a Resolution in place, and he wanted to be certain that was only if they desired to allow off -sale. He pointed out, from what he was seeing now, there was going to be a delay on the particular application now before the Council, and there was nothing to preclude the applicant, during those two weeks, from submitting an application for alcohol sales. Councilmember Cohen stated he wished to add to the Mayor's requests, and direct staff, during the continuance to research this issue, to make certain the Council is positioned as strongly as possible, and has as much regulatory oversight as they can possibly have over the granting of additional off -sale licenses for liquor in the City of San Rafael. Councilmember Heller asked for clarification, noting they had talked before about off -sale liquor at other service stations, and she was not clear what they meant in this case. She noted the Council had been told in the past, regarding other service stations, that they could not make such a decision. Mayor Boro stated the zoning provisions preclude that at the present time. Ms. Heller asked if that meant the zoning of the other service stations did not preclude that? Mr. Brown stated that was correct, noting that in all the other Commercial districts the City allows convenience markets, and allow gas stations; therefore, the two could be allowed together. However, in the Office and Light Industrial districts, the City does not have that allowance. Following through on his point, Mayor Boro asked, since the City was granting something to allow this to happen, could the City maintain some discretion at the zoning level, rather than worrying about the ABC? He reiterated he would like that issue to be reviewed. Councilmember Phillips noted he thought staff had stated that even with only 100 square feet, the applicant could apply for and sell liquor. Mr. Brown stated that was correct, noting the City's current definition and allowance for gas stations allows up to 100 square feet of ancillary retail, and that ancillary retail could be alcohol. Mr. Phillips clarified this meant they could now sell liquor, as the store was currently configured, if they obtained a license. Mr. Brown stated that was correct. Councilmember Phillips asked if there were conditions the Council could place on a permit that would allow for the zoning, allow for the mini- market, but also, as one of the conditions, state that alcohol could not be sold at a particular location? Mr. Guinan stated it was his belief this could not be done, but he would review the issue to make certain. Councilmember Cohen moved and Councilmember Phillips seconded, to refer SRCC MINUTES (Regular) 9/7/99 Page 7 SRCC MINUTES (Regular) 9/7/99 Page 8 this item back to staff for further investigation of the issues raised by the Councilmembers, and direct staff to return with this item at the next City Council meeting of September 20, 1999. Mayor Boro clarified the Public Hearing would remain open. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None MONTHLY REPORTS: 18. CITY MANAGER'S REPORT (CM) - File 9-3-11 City Manager Gould noted the Councilmembers had received a request from Marin County Supervisor Hal Brown to consider two pieces of legislation; one to ban the "Saturday night specials" in each of the cities and towns of Marin, which he would like to have done concurrently throughout the County; and the second to adopt legislation further restricting where handguns could be sold within the cities and towns of Marin. Mr. Gould pointed out the Governor has recently signed Senator Falanco's bill, which will ban the sales of "Saturday night specials" throughout the State of California, beginning in the year 2001; therefore, what Supervisor Brown was proposing would be an interim measure, which would apply in Marin County for one year, before the Statewide ban becomes effective. Mr. Gould stated he would research the issue of where the City's zoning allows the sale of handguns, and at Mayor Boro's request, would determine how the other cities and towns viewed this proposal. Mr. Gould felt it was noteworthy that the State Legislature has passed, and the Governor is signing, bills that would require locks with gun sales, and also further restrict the sale of handguns at gun shows, noting it was some of the strictest handgun legislation in the Country. Mr. Gould stated he needed to better understand what Supervisor Brown wanted to accomplish in Marin that would go beyond what is going to be State law very shortly. Mr. Gould reminded the Councilmembers of the opening of Sonnen BMW on Friday evening, September 17th, inviting them all to attend. He stated Lisa Sonnen was hoping it would be a gala event, and wanted to celebrate the fact that she was able to relocate her business in a timely fashion, noting she hopes to do a great business at her new location. Mr. Gould sadly noted the passing of Susan Kirby (daughter of Mr. and Mrs. Martin Bramante) over the weekend. He reported there would be a Celebration of her life at 10:30 AM on Saturday, at Marin Joe's Restaurant, in lieu of a church service, which he hoped everyone would be able to attend. Mayor Boro referred to the gun control issue, noting it was his understanding the two or three gun dealers in San Rafael were no longer selling "junk guns". Therefore, he stated the only place he knew where a "junk gun" could be purchased was at the gun show at the Marin Center, which is under the auspices of the Board of Supervisors. He stated he would like to know what their position is on that, and why that issue was not being pursued concurrent with the others. Councilmember Heller asked if staff knew of any small dealers who sold "junk guns", and whether they were licensed by the Federal Government, rather than locally by the City? She also asked if the City had a list of the smaller "mom and pop" gun dealers? Mr. Gould stated that according to the City's records, there are only three commercial establishments that sell any type of gun, and none of them will sell Saturday night specials. Mayor Boro stated he believed Ms. Heller's point was that a person could be a licensed firearms dealer, and deal from home, and the question was whether the City had any such dealers, and if the ban would prevent them from selling? Mr. Gould stated such dealers would require a special license from the Police Chief, and although he did not know of any such dealers at this time, he stated he would check with Police Chief Sanchez. COUNCILMEMBER REPORTS: F&%�C @i - There being no further business, Mayor Boro adjourned the meeting at 8:45 PM, in memory of Susan Kirby, daughter of Mr. and Mrs. Martin Bramante, who passed away on Friday, September 3, 1999. SRCC MINUTES (Regular) 9/7/99 Page 8 SRCC MINUTES (Regular) 9/7/99 Page 9 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1999 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/7/99 Page 9