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HomeMy WebLinkAboutOrdinance 1795 (Regulate Parks & Buildings Use)CLERK'S CERTIFICATE I, JEANNE M. LEONCMI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1795 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 2.16.025, 2.16.026, 2.16.027 AND 2.16.028 OF THE SAN RAFAEL MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10 TO THE SAN RAFAEL MUNICIPAL CODE TO REGULATE THE USE OF CITY PARKS AND BUILDINGS" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 16th day of December, 2002, a SUMMARY of Ordinance No. 1795 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 6`h day of January, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEM 3ERS: Cohen WITNESS my hand and the official seal of the City of San Rafael this 8th day of January, 2003 J..� A p�rx.r.,�,�. (Seal) ANNE M. LANZ I, City Clerk ORDINANCE NO. 1795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 2.16.025, 2.16.026, 2.16.027 AND 2.16.028 OF THE SAN RAFAEL MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10 TO THE SAN RAFAEL MUNICIPAL CODE TO REGULATE THE USE OF CITY PARKS AND BUILDINGS RECITALS NOW THEREFORE, the City Council of the City of San Rafael does hereby ordain as follows: DIVISION 1: Sections 2.16.025, 2.16.026, 2.16.027 and 2.16.028 of the San Rafael Municipal Code are hereby repealed. DIVISION 2: Chapter 8.10, "Parks and Recreation", is hereby added to the San Rafael Municipal Code, to provide as follows: Chanter 8.10 PARKS AND RECREATION 8.10.010 Applicability. This chapter shall apply to the following facilities: A. Parks: Albert, Arbor, Bayside, Beach, Boyd, Bret Harte, Fred Jensen, Freitas, Gerstle, Hartzel, Hillview, Mahon, Munson, Oleander, Peacock Gap, Pickleweed, Ranchitos, Riviera, Russom, Santa Margarita, Schoen, Shoreline, Sun Valley, Terra Linda, Victor Jones. B. Communitv Centers: Pickleweed Community Center, San Rafael Community Center, Terra Linda Community Center. 1 or; L ���y u . r :. . C. Outdoor Public Areas: San Rafael Plaza, Falkirk (grounds), San Rafael Library (grounds), San Rafael City Hall (grounds). D. Recreation Facilities: Glenwood Tennis Courts, Freitas Tennis Courts, Terra Linda Community Pool, Albert Park Baseball, Bernard Hoffinan Field, and Softball Stadiums. 8.10.015 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. "Amplified sound" means speech, sounds, or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bull horns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech, sounds, or music and are powered by electricity, battery or combustible fuel. B. "Buildings" means and includes those buildings, or any portion thereof, within any city park, public building, plaza, playground, recreation area, swimming pool or recreation facility. C. "Director" means the Director of the Department of Community Services, Library, or Redevelopment Agency, as applicable, or that Director's designee. D. "Camp" means to pitch or occupy camp facilities, or to use camp paraphernalia. E. "Camp facilities" include, but are not limited to, tents, huts or temporary shelters. F. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, non -City designated cooking facilities and similar equipment. G. "Park" means any city park, public building, plaza, playground, outdoor public area, community center, or recreation facility, or any portion thereof, including parking lots, owned, used or controlled by the City of San Rafael for the active or passive recreational use and/or enjoyment of the public. H. "Permit" means a written authorization issued to a person pursuant to this chapter for exclusive use of any park or building, or portion thereof, for the purposes provided for and defined in this chapter. I. "Permit holder" means a person who has obtained a permit issued for the exclusive use of a park, building or portion thereof. J. "Person" means an individual, association, partnership, firm, corporation, or company. K. "Rules and/or Regulations" means those rules and regulations relating to all aspects of city park, public building, plaza, playground, outdoor public area, or recreation facility proposed by the Directors and approved by the City Council. L. "Recreation Facility" means fields, courts, amphitheaters, and group picnic areas specifically designed for organized activities such as, but not limited to, baseball, softball, soccer, tennis, basketball, and organized group gatherings. M. "Vehicle" means any wheeled conveyance, whether motor -powered, animal - drawn, or self-propelled, and shall include any trailer in tow of any size, kind or description, and shall also include bicycles, skateboards, scooters and roller/in-line skates. N. "Refuse" means any garbage, trash, bottles, cans, papers, ashes, food and vegetable material, rubbish, industrial wastes, animal waste, grass clippings, yard clippings, tree or shrub pruning or any other discarded substance, matter or thing, whether liquid or solid. O. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. 3 8.10.020 Use of Park and Buildings - Permit Required. A person wanting the exclusive use of any park, building or portion thereof designated for use by 25 persons or more, must apply for and obtain a permit for such use, activity or event, from the Director. It is unlawful for any person to engage in any use of any park, building or portion thereof, for which a permit is required, without obtaining such a permit. 8.10.025 Use of San Rafael City Plaza — Permit Required. Permits for the Use of the San Rafael City Plaza will be issued by the San Rafael Redevelopment Agency according to rules and regulations set forth by Resolution of the San Rafael City Council. 8.10.030 Permit Application. A person wanting the exclusive use of a park, building or portion thereof, shall file an application with the Director not less than twenty-one (2 1) days, nor more than one (1) year prior to the event. The applicant must be an adult. The application shall include the following information: A. The name, address and telephone number, home and work, of the applicant. B. The name, address and telephone number of the person sponsoring the use, activity or event. C. An adequate and accurate description of the proposed use, activity or event. D. The day and hours for which the permit is desired. E. The park, building or portion thereof for which such use is sought. F. An estimate of anticipated attendance. G. Any other information which the Director finds reasonably necessary to determine whether a permit should be issued and what conditions should be imposed upon a pennit. 4 H. Whether any amplified sound is to be used, the purposes for which it shall be used and the maximum decibel level at 50 feet from the source. I. Whether alcohol is to be provided for consumption during the activity or event. The applicable fee must accompany the submittal of the application or it will not be processed or considered. The fee shall be set periodically by the City Council in conjunction with adoption of the City's Fee Schedule. 8.10.040 Permit Issuance- Criteria; Grounds for Denial. In determining whether a permit shall be issued, the Director shall consider the following: A. The completeness, accuracy and validity of the information contained in the application. B. The payment of the required fee. C. The applicant's compliance with City ordinances, rules and regulations. D. The applicant's compliance with terms and conditions of park or building use permits issued to applicant previously. E. The availability of the park, building or portion thereof for the period for which the permit is requested. F. The proposed attendance in relation to the capacity established for the requested park, building or portion thereof. G. The compatibility of the proposed use, activity or event with the uses established for the requested park, building or portion thereof. H. The applicant's compliance with the time limit set for applying to reserve the park, building or portion thereof. 5 I. The potential for any amplified sound to interfere with or detract unreasonably from the enjoyment of the park or surrounding area by others. J. The potential for the use, activity or event to create a threat to the public health, safety or welfare, or to create an excessive demand for safety or other City services. If a permit is issued, the Director may impose any and all conditions reasonably necessary for the protection of the public health, safety and welfare and the protection of and safe use of public property. 8.10.050 Permit Holder Responsibilities and Obligations. After a person obtains a permit, that permit holder must: A. Comply with all rules and regulations and all applicable City ordinances as though the same were incorporated into the permit. B. Comply with all conditions imposed by the permit. C. Inform all attendees of the conditions of the permit and the applicable rules and regulations. D. Remit a use fee and a security/cleaning deposit for the use of the park, building or portion thereof, the deposit shall be returned to the permit holder within a reasonable period after the conclusion of the use, activity or event, if the area was left in a clean and undamaged condition. E. At least two (2) business days prior to the use, activity or event, provide to the Director 1) evidence of property and liability insurance coverage in accordance with the levels and terms required by the City's Risk Management Division and 2) endorsements naming the City, its officers, employees, agents and volunteers as additional insureds under the policies. 6 F. At least two (2) business days prior to the use, activity or event, provide to the Director a signed agreement to defend and indemnify City, its officers, employees, agents and volunteers in a form approved by the City's Risk Management Division. 8.10.060 Permit - Denial or Revocation. A permit to use a park, building or portion thereof may be denied, or, if a permit has been previously issued, may be revoked by the Director on any of the following grounds: A. The non-compliance with requirements specified in section 8.10.040. B. The grounds for denial specified in section 8.10.030. C. Any other facts determined by the Director to present a threat to the public health, safety or welfare. D. The size or nature of the proposed activity will require the diversion of excessive or unavailable city resources to properly police the event. E. The applicant has failed to agree to inform, or has failed to inform all of the activity's participants of the terms and conditions of the permit. F. The applicant has failed to pay the applicable fees or deposits, or to provide evidence of issuance, insurance, endorsements and indemnification 8.10.070 Appeal. An applicant may appeal the denial or revocation of a permit by providing the City Manager or designee written notice of appeal within five (5) days of the denial. The City Manager or designee shall hold a hearing within three (3) days of the filing of a notice of appeal, at which time applicant may present any and all evidence, testimony, and information relevant to the Director's decision. The City Manager or designee, within two (2) days following the appeal 7 hearing, shall issue a decision. The decision of the City Manager or designee shall be mailed or delivered to the applicant and shall be final and binding. 8.10.080 Hours. A. Designated. Except as provided in section 8.10.080B, parks and buildings are open for public use from sunrise until sunset. Except as provided in section 8.10.080B, no person shall enter, remain in, cross upon or use, any park, building or portion thereof, between sunset and sunrise. B. Exceutions. 1) At any time, the Director, or a police officer, may exclude any person(s), whether or not such persons are permit holders, from parks, buildings, or portions thereof, where such exclusion is necessary to protect public property, the public health, safety or welfare or to preserve the public peace. 2) Whenever any park, building or portion thereof, has been reserved for exclusive use of a permit holder, that area may be closed to all others not associated with that permit holder's exclusive use. 3) At any time, no person(s), whether or not a permit holder, shall remain in or refuse to leave any park, building or any portion thereof, after being advised by the Director or a police officer, that it is closed or after being excluded under section 8.10.080 B.1). 4) A permit holder may use the park, building or portion thereof beyond regular hours if allowed under the permit holder's permit. 5) Regardless of park and building hours restrictions, a person may use lighted parks, buildings, or portions thereof, under the conditions posted and as specifically 5 designated by the Director. No person shall use any park, building, or portion thereof, in violation of such posted hours and conditions. 8.10.090 Prohibited Activities. A. Amplified Sound. No person shall use or create any amplified sound in any park, building or portion thereof, without a valid permit issued by the Director. B. Larize Gatherinas. The Director can deny a permit if the number of persons in the group is so large that it constitutes a threat to City property or the public health, safety or welfare. C. Fires. 1) No person shall kindle or maintain in any park, for any purpose, any fire except for a fire maintained in a regulation park fire pit or park barbecue. 2) No person shall leave an area where a fire has been kindled or maintained until the fire has been extinguished and is cold to the touch. 3) No person shall possess or ignite any fireworks in or on any City -owned or controlled property, at any time. D. Campina. No person shall: 1) Camp or lodge in a tent, on the ground, in a motor home or other vehicle, in any park, building or portion thereof, including the parking lot of any such area. 2) No person shall use or store camp facilities or camp paraphernalia in any park, building, or portion thereof, including the parking lot of any such area. E. Guns and Dangerous Instruments. No person, except those persons listed in California Penal Code Section 12031(b) and 12031(c), shall have in his/her possession in any park, building or portion thereof, any dangerous weapon, bow and arrows, pellet or air gun, 9 slingshot, crossbow, firearm, or destructive device as that term is defined in Section 12301 of the Penal Code or similar items. F. Motorized Boats and Planes. No person shall operate in any park, building or portion thereof, or associated public parking lot, any airborne or waterborne boat, plane, rocket, missile, or motorized model of any type. G. Swimming. No person shall swim, wade, float, dive or otherwise enter any fountain, pond, lake, stream or other water feature, natural or man-made, in any park except in those areas so designated by the Director. H. Golfing. No person in a park, building or portion thereof, shall golf, including but not limited to chipping, putting, driving or otherwise practicing golf. I. Commercial Activities. No person shall practice, carry on, or conduct any business or profession or other commercial enterprise, nor sell or offer for sale any service, merchandise, article, or anything whatever, nor station or place any stand, cart, or vehicle for the transportation, sale or display of any such article or thing, in any park, building or portion thereof, except by permit issued by the Director and subject to all other provisions of this Code. This subsection shall not apply to City concessionaires or to persons acting under a lease, license or permit issued by the City. J. Smoking. No person shall ignite or smoke any tobacco or tobacco product or any other material in any building or portion thereof, or within 100 feet of a children's playground. K. Advertising. No person shall place, post, paste, glue or otherwise affix, distribute or erect any handbill, circular, pamphlet, sign, placard, inscription or advertisement to any tree, fence, shrub, stick or structure in any park, building, or portion thereof. 1 i7 L. Gambling. No person shall play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit, or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming, or play any game prohibited by any City ordinance or State law, in any park, building or portion thereof. M. Disorderly Conduct. No person shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or in any disorderly conduct or behavior tending to be a breach of the public peace, in any park, building or portion thereof. N. Lawn Darts and Horse Shoes. No person shall use or play with lawn darts or horse shoes in any park, building or portion thereof, except in areas designated and posted by the Director. 8.10.100 Injury to or Misuse of Park Property. A. No person shall mark, deface, injure, tamper with, displace or remove, any bridges, tables, benches, fireplaces, railings, paving, water lines, other public utilities, signs, notices or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or any improvements; structures, equipment, facilities or park property or appurtenances whatsoever, either real or personal, in any park, building, or portion thereof. B. No person shall litter, soil or defile restrooms, nor shall any person over the age of eight (8) years shall use restrooms and washrooms designated for the opposite sex, in any park or building. C. No person shall dig, remove or vandalize any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting, or other means or agency, in any park. I D. No person shall construct or erect any building, edifice, artwork or structure of any kind, permanent or temporary, or construct any public service utility, including but not limited to, any overhead wires, into, upon, through, under or across any park or building, without obtaining 1) a permit issued by the Director, and 2) any applicable planning, zoning, building, or other approvals. E. No person shall enter, cross or remain in any lawn, grass plot, planting area, or any other area in any park, where prohibited by the Director, and where such prohibition is indicated by appropriate signs, temporary fencing or cordoning, or by warning cones. F. No person shall damage, cut, carve, transplant, pick, remove or injure in any manner any tree, flower, bush or plant in any park or building. G. No person shall attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair any park. H. No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, water features, railings, fences, statutes or structures of any kind not intended for such purposes. I. No person shall destroy, mar, spoil, deface, or mutilate any park, building or any property therein by means of painting, carving, writing, or similar method. 8.10.110 Dogs and Pets. A. No person shall bring or allow a dog, pet, or other animal owned or maintained by them into any park, building or portion thereof, unless such dog or pet is on a leash and under control at all times. 12 B. Any person having custody or control of a dog, pet, or other animal in any park, building, or portion thereof, shall be responsible for any damage caused by such dog, pet, or other animal even if on leash and under control. C. Any person having the custody or control of any dog, pet, or other animal shall have the duty to immediately remove any feces left by such animal in any park, building, or portion thereof, and to dispose of such feces in a sanitary mamler. D. Any person having the custody or control of any dog, pet, or other animal in any park, building, or portion thereof, shall have in such person's immediate possession a bag and equipment for the picking up and removal of animal feces. E. No person shall fail or refuse to show to a City official or to any police officer such device or equipment if the device or equipment is not visible. F. The provisions of subsections C., D., and E. above shall not apply to any disabled person when the person's disability requires a dog to accompany the person, nor to a person using a dog in emergency or rescue activities. 8.10.120 Treatment of Animals in the Parks. animal. A. No person shall feed or set out food in any park or building, for any kind of B. No person shall abandon any animal in any park or building. C. No person shall hunt, capture, harm, or attempt to hunt, capture or harm any animal in any park. D. No person shall remove the un -hatched eggs of any wild animal found in any park. E. Horses and other equine animals may not be brought into or ridden in any park or building. 13 F. No person shall graze cattle, sheep, goats, or any other animal in any park, except for fire prevention purposes and only with a permit issued by the Director. 8.10.130 Alcohol. A. No person shall either consume any alcoholic beverage or possess any alcoholic beverage open container in any park, building or any parking lots associated therewith. B. A person may possess or consume alcoholic beverages in a park, building or portion thereof if the person is associated with or rightfully attending a use, activity, or event for which a permit has been issued and the permit allows alcohol use. C. A person, whether a permit holder or not, may not furnish or sell alcoholic beverages in parks, buildings or portions thereof, unless that person: 1) Complies with all applicable rules and regulations of the Alcohol Beverage Control Board. 2) Obtains the appropriate license from the Alcohol Beverage Control Board. 3) Obtains a permit from the Director permitting the use and consumption of alcoholic beverages. D. No person, whether a permit holder or not, shall enter or remain in any park, building or portion thereof, while under the influence of an alcoholic beverage, a drug of any type or a combination thereof. 8.10.140 Vehicles in Parks. A. Except for police officers and City employees acting in the course and scope of their employment, no person shall drive, ride or convey any motorized vehicle into any park. B. All provisions of the Vehicle Code of the State of California in regard to equipment and operation of vehicles shall apply to all parks or portions thereof. 14 C. All persons in a park or portion thereof shall obey all police officers and City employees authorized and instructed to direct traffic in any park or portion thereof in accordance with the provisions of these regulations and such supplementary regulations as may be issued by the Director. D. All persons in any park or portion thereof, shall carefully observe all traffic signs indicating speed, direction, caution, stopping or parking, and all other signs posted for proper control and to safeguard life and property. E. No person shall ride or drive any vehicle, including bicycles, scooters, skateboards and roller/in-line skates, in any park except upon paved park roads or pathways which have been specifically designated for such use. F. No person shall park any vehicle in any park except in an established or designated parking area, and such use shall be in accordance with the posted directions or with the instructions of a duly authorized attendant. G. A person shall be permitted to wheel or push, not ride, a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use in any park. H. No person shall ride any other person on a bicycle, skateboard or scooter. I. No person shall leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available. J. No person shall leave a bicycle lying on the ground, sidewalk or pavement, or set against trees, or in any walkway, path or paved area designed for pedestrians. 8.10.150 Refuse and Pollution. A. No person shall throw, dump, discard, discharge, deposit, dispose of or otherwise place any refuse in or on any park, building, or portion thereof, or into the waters of any fountain, 15 pond, lake, water feature, stream, bay or other body of water in or adjacent to any park or portion thereof or any tributary, stream, storm sewer, or drain flowing into such waters. B. Any person in any park, building or portion thereof, shall place all refuse in the proper receptacles. C. Where refuse receptacles are not provided or are full, the person responsible for the presence of the refuse shall remove such refuse from the park, building or portion thereof and shall properly dispose of it elsewhere. D. No person shall throw, dump, discard, discharge, deposit, dispose of or otherwise place household refuse or refuse generated outside a park or building, into refuse receptacles in any park or building or portion thereof. 8.10.160 Park Closure. Any park, building or portion thereof may be declared closed to the public by the Director at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise) and either entirely or only to certain uses, as the Director finds reasonably necessary for the protection of property or for the public health, safety or welfare. No person shall enter or remain in any park, building, or portion thereof, which has been closed and noticed as closed by appropriate signs, fencing or cordoning, or by warning cones. 8.10.170 Park Rules and Regulations. The Director shall formulate rules and regulations for the use and administration of parks and buildings, and for the implementation of this chapter, and shall present such proposed rules and regulations to the appropriate City Commissions for review and recommendation to the City Council. 16 By Resolution, the City Council shall approve, modify and approve, or reject the proposed rules and regulations. Upon the City Council's adoption of a Resolution approving same, such rules and regulations will become effective. It shall be unlawful for any person to violate any rule or regulation so adopted. 8.10.180 Enforcement. The provisions of this Chapter may be enforced by any code enforcement official as defined in section 1.08.020. 8.10.190 Violations. It is unlawful for any person to violate any of the provisions of this Chapter, any park rule or regulation adopted pursuant to section 8.10.070, or to violate any of the terms and conditions of a permit issued pursuant to this Chapter. Such violations are punishable as provided in Chapters 1.40, 1.42. 1.44 and 1.46 of this Code. DIVISION 3: The Subsection of section 1.08.020, defining "Code Enforcement Official" is hereby repealed and a new Subsection of section 1.08.020 defining "Code Enforcement Official" is hereby added to read as follow: "'Code Enforcement Official' means the City Manager, Department Directors, including the Director of Management Services, the Director of Community Development, the Public Works Director/City Engineer, the Fire Chief, the Police Chief, the Director of Community Services, the Redevelopment Agency Director, Library Director and any of their designated agents or representatives, including but not limited to Code Enforcement Officers, Police Officers, Fire Department Division Chiefs, Fire Marshal, Deputy Fire Marshal, Fire Prevention 17 Bureau Inspectors, Chief Building Official, Building Inspectors, the Central Marin Sanitation Agency officials designated by resolution, the Storm Water Program Manager, Parking Enforcement Officers, the City Health Officer, and the County Health Officer and his or her designated registered environmental health specialists carrying out the duties of City Health Officer pursuant to agreement with the City." DIVISION 4: This ordinance is a project which has no potential to cause a significant effect on the environment and is therefore exempt under the California Environmental Quality Act (CEQA), pursuant to section 15061(b)(3) of the CEQA Guidelines._ DIVISION 5: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 6: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against the same, in a newspaper of general circulation published and circulated in the City of 18 San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against this Ordinance. 6--" ABtRTJ.YO,Mayor / ATTEST: JEA*NE M. LEOTIM, City Clerk The foregoing Ordinance No. 1795 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 16th day of December, 2002 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 6th day of January, 2003. M. LEONCh\ I, City Clerk 19