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Home My WebLink AboutCC Minutes 2002-11-04SRCC Minutes (Regular) 11/04/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 4, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk Present: Paul M. Cohen, Vice -Mayor Barbara Heller Councilmember Cyr N. Miller, Councilmember Absent: Albert J. Boro, Mayor Gary O. Phillips, Councilmember CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: - CLOSED SESSION NOT HELD a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case No. C003785 b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Daryl Chandler, Lydia Romero Employee Organizations: San Rafael Fire Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:05 PM a) Re: Business License Tax Processing Fee: - File 9-3-20 x 100 (Verbal) Attorney David Hellman requested that the City Council eliminate the processing fee and reduce the amount of tax on home businesses where the gross income can be expected to be $5,000 or less. Sharing an example, which he did not believe to be unique, he reported knowing an eighteen year old fulltime student at College of Marin who has two part-time jobs, makes jewelry on the side as an additional income source and selling this to friends or on consignment. He indicated the student obtained a sales tax permit and several months later received a notice from the City of San Rafael Finance Department indicating some money was owed to them. Mr. Hellman reported that to -date, the jeweler has $97 in the bank; Finance is requesting a $60 processing fee and $40 for the first year's license. He stated this puts this person in the position of retracting their sales tax permit and either going out of business or into the underground economy, neither of which is a message the City wishes to send. Mr. Hellman suggested the processing fee be eliminated and the fee for those who make $5,000 or less in a home business be reduced. He stated that in the long run, the City would make this back through sales tax revenue, which otherwise would be lost should this person's business expand and become very successful. He did not believe the marginal cost to the City of eliminating this was very significant. Vice -Mayor Cohen stated that no action could be taken on the matter this evening; however, he referred the issue to staff for a report and recommendation at a future Council Meeting. He stated the cost to the City has to be considered and agreed the tax itself on a business yielding such a small margin to be worthy of evaluation. b) Re: Police Department: -File 9-3-30 Lela Jocelyn Romance stated her doctor informed her she currently had an acute cracked lumbar, caused by the police breaking into her apartment on October 1, 2002, at 4:00 a.m. Ms. Romance explained there was a complaint from some unknown neighbor of noise coming from her apartment, which she denies, and the policemen who came agreed there was no noise. She stated they battered and handcuffed her, even though she had done nothing wrong. She requested that her medical bills be paid for by the Police Department or the community, indicating her medical insurance would not cover more than a couple of appointments of physical therapy and would not permit physical therapy to be carried out in advance unless it could be covered. SRCC Minutes (Regular) 11/04/2002 Page 1 SRCC Minutes (Regular) 11/04/2002 Page 2 Vice -Mayor Cohen explained that no action is taken in urgency time and normally there is no discussion; he inquired whether there was anything she wished to add. Ms. Romance stated she would like to know the identity of the neighbor who made the "phony" report and indicated she was promised that when the case was closed, she could ascertain this information. Police Chief Michael Cronin reported that on October 1, 2002, at approximately 4:00 a.m., another tenant called the Police Department to Ms. Romance's apartment building. This tenant directed their attention specifically, to her apartment, pointing out the door and giving them the apartment number. He stated this particular person appeared responsible, rational and totally believable, and alleged she had heard a great deal of screaming coming from the apartment, and sounds she believed to be furniture being thrown around. Police Chief Cronin stated that the police officers knocked on the door and were met by Ms. Romance who denied any noise coming from her apartment or the presence of any other person. Unfortunately, in situations such as this where there is reason to believe someone may have suffered some harm, Police Chief Cronin stated the police are compelled to enter and search for potential victims. He stated that someone who had injured some other person would more than likely insist no one was there. Having explained this to Ms. Romance, Chief Cronin stated she refused to allow the police entry. When they insisted, she violently resisted. They restrained her and in so doing, handcuffed her. He reported they searched the apartment and having found no one else present or no rational explanation for the noise, they released her, apologizing for the inconvenience, and left. Police Chief Cronin reported that subsequently, Ms. Romance came to the Police Department, made a complaint, and contacted at least one or two members of the City Council. He stated the case had been assigned and was being investigated, explaining that all witnesses would be interviewed, all relevant physical evidence would be collected and evaluated, and at the conclusion, Ms. Romance would be notified of the findings, as would the City Council and City Manager. Vice -Mayor Cohen confirmed that an internal investigation is currently underway. City Manager Gould stated this was the first instance of a request for compensation from Ms. Romance and he suggested the City Clerk provide her with a claim form, which would be processed in the same manner as any other claim against the City of San Rafael. Vice -Mayor Cohen explained to Ms. Romance that should she wish to make a claim for damages against the City, she should contact the City Clerk to obtain a form, which should be submitted to the City in order to commence this process. City Clerk Leoncini stated her room number was 209. Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar as follows: ITEM RECOMMENDED ACTION 2. Request for Amicus Participation: (CA) Approved amicus participation. Report to Council San Jose Christian College v. City of Morgan Hill (Ninth Circuit Court of Appeals Case No. 02- 15693) — File 9-3-16 3. Call for Applications to Fill Five, Three-year Approved staff recommendation: Terms on the Bicycle and Pedestrian Advisory Committee Due to Expiration of Terms of Noble a) Called for applications for A. ("Rocky") Birdsey, Shawn Curtin, Preston appointments to fill five (5), McCoy, Kristin Nute and Richard Schneider three-year terms on the (CC) — File 9-2-55 Bicycle and Pedestrian Advisory Committee, with terms to expire end of November, 2005; b) Set deadline for receipt of applications for Tuesday, November 26, 2002 at 12 Noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, December 2, 2002, commencing at 6:00 p.m. SRCC Minutes (Regular) 11/04/2002 Page 2 7. Resolution Authorizing Parking Meter Holiday for all Two-hour Downtown Meters and the First Two Hours of Parking at the Third & "A" Parking Structure for the Period of Wednesday, November 27, 2002 through Sunday, January 5, 2003 (MS) — File 11-18 SRCC Minutes (Regular) 11/04/2002 Page 3 RESOLUTION NO. 11196— RESOLUTION DECLARING A PARKING METER HOLIDAY FROM WEDNESDAY, NOVEMBER 27, 2002 THROUGH SUNDAY, JANUARY 5, 2003 (Two -hours of Free Parking for all Two-hour Parking Meters and the First Two Hours of Parking in the 3rd and A Street City Owned Parking Facility) AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Councilmember Miller: 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1789 ENTITLED: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING SECTION 8.12.150 AND ADDING NEW CHAPTER 8.13 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "NOISE" (PD) - FILE 9-3-30 x 9-3-16 x 9-3-85 x 1-2 Having been absent from the previous meeting, Councilmember Miller stated he would like the record to show that he had read the staff report and all associated materials, had listened to the tape of the entire proceedings for this item, and was therefore, prepared to vote on the final adoption of Ordinance No. 1789. Councilmember Miller moved and Councilmember Heller seconded, to approve final adoption of Ordinance No. 1789. AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Councilmember Miller: 5. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1790 ENTITLED: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP (ZC98-04) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H) DISTRICT TO A REVISED PD -H DISTRICT WITH ADOPTED SINGLE- FAMILY RESIDENTIAL ZONING REGULATIONS TO ALLOW DEVELOPMENT OF FOUR SINGLE-FAMILY HOMES AND A 2.3 -ACRE PUBLIC OPEN SPACE PARCEL OFF LUCAS VALLEY ROAD WEST OF U.S. HIGHWAY 101 (APN 165-220-15) (RE: JALEH ESTATES)" (CD) — FILE 10-3 x 10-5 x 10-7 Having been absent from the previous meeting, Councilmember Miller stated he would like the record to show that he had read the staff report and all associated materials, had listened to the tape of the entire proceedings for this item, and was therefore, prepared to vote on the final adoption of Ordinance No. 1790 Councilmember Miller moved and Councilmember Heller seconded, to approve final adoption of Ordinance No. 1790. AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Assistant City Attorney Guinan: 6. RESOLUTION ESTABLISHING HOUSING ASSISTANCE FOR DEPARTMENT DIRECTORS (CM) ) — FILE 7-4 x 9-1-2 x 13-16 City Manager Rod Gould explained that the staff report pertained to the provision of limited financial housing assistance to certain department director positions for residence within the City of San Rafael. Indicating the staff report was self-explanatory, Mr. Gould stated that City Attorney Ragghianti suggested some small adjustments, which Assistant City Attorney Gus Guinan would explain. SRCC Minutes (Regular) 11/04/2002 Page 3 SRCC Minutes (Regular) 11/04/2002 Page 4 Mr. Guinan stated he had distributed a document indicating a change to the top of Page 2 of the staff report, listing the terms of the loan agreement. He reported that City Attorney Ragghianti had suggested these changes, which he identified as follows: The loan would be repayable, in interest only, in monthly installments to City or its designee. A preliminary title report acceptable to the City Attorney must be provided, as well as evidence of insurance covering liability, fire and other perils, at the close of escrow. The loan would become due and payable: - within 90 days of separation from City service regardless of cause - within 90 days of demand by the City, regardless of cause - within 90 days of relocation of principle family residence - immediately upon divorce or marriage - immediately in case of alienation of title to the property securing the loan - upon the occurrence of any other event or circumstance negotiated between the applicant and the City Relating to the language "immediately upon divorce or marriage," Councilmember Heller requested clarification on "or marriage." Mr. Guinan explained that Mr. Ragghianti was referring to a situation where an unmarried department head gets married and the new spouse contributes to the payment, thereby, gaining a property interest. He stated that while this could be negotiated at the time of the marriage, it would be important to have the opportunity to ensure the City is protected. Vice -Mayor Cohen stated he would like this proposal to be considered as a model that could be expanded. While recognizing a limited pool of funds was available that could be locked up to do this, he stated it could be argued there are others who provide valuable services to the City, noting the issue of affordable housing and how to attract and retain qualified employees, not just managers. Instancing Emergency Services personnel, Search and Rescue and Public Works, Vice -Mayor Cohen stated there were a number of groups of employees where it could be argued it would to the City's benefit for them to live locally. He stated opportunities to expand should be explored to assist employees to purchase homes in, and become a part of, this community. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution, as amended. RESOLUTION NO. 11197 — RESOLUTION ESTABLISHING HOUSING ASSISTANCE FOR DEPARTMENT DIRECTORS (as amended) AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips and Mayor Boro CITY MANAGER'S REPORT: 8. City Manager Gould wished Vice -Mayor Cohen good luck. COUNCILMEMBER REPORTS: 9. None There being no further business, the City Council meeting was adjourned at 8:25 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 11/04/2002 Page 4