HomeMy WebLinkAboutMinutes 1981-1984 pt. 11
In the Council Chambers of the City of San Rafael, Monday, October 5, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
DorothyL. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR:
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Regular
Meeting of September 8, 1981 (CC)
2. Claim for Damages - Wally H. Tamini
(PD) - File 3-1-579
3. Library Fine Moratorium - November 16-21,
1981 (Lib) - File 9-3-61
4. Acceptance for Filing of Final Map -
Bay Park Subdivision (CA) -
File 5-1-241
6. Approval of Renewal of Lease with
First Congregational Church for Space
for City Sponsored Cooperative Preschool
Program (Rec) - File 2-9-15
7. Resolution Approving a Variance for
the Gia Weston Neon Sign for the
French Quarter (P1) - File 10-11
8. Direction to City Clerk re Dole
Annexation (P1) - File 5-2-85
5.
a
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial of claim.
RESOLUTION NO. 6187 - DESIGNATING
NOVEMBER 16-21, 1981 AS FINE -FREE WEEK
FOR THE SAN RAFAEL PUBLIC LIBRARY
Accepted staff recommendation to accept
final map as filed, and refer to Planning
Commission for final map approval.
RESOLUTION NO. 6189 - AUTHORIZING SIGNING OF
A CONTRACT, LEASE OR AGREEMENT (W/First
Congregational Church of San Rafael re
Renewing Building Lease to Conduct Pooh
Corner Nursery School Program - to
October 30, 1983)
RESOLUTION NO. 6190 - APPROVING A VARIANCE
FOR THE GIA WESTON NEON SIGN FOR THE FRENCH
QUARTER (Until Sept. 21, 1982)
Instructed City Clerk to mail notice speci-
fied in Civil Procedure Code, Sec. 349.4 to
validate Dole Annexation, to all property
owners within annexation area.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADOPTION OF RESOLUTION RECOMMENDING THAT THE BOARD OF SUPERVISORS ADOPT RESOLUTION REQUIRED
UNDER SB215 PW - FTTe 4-9
Councilmember Jensen questioned the additional 20 gas tax, since he feels that the benefits
of it will not remain in Northern California. The staff report indicated that the passage of
the Bill will mean that San Rafael will receive approximately $225,000 in additional gas tax
funds in 1983, and that one provision of the Bill requires the passage by a sufficient number
of counties representing 2/3 of the State's population. Councilmember Jensen stated he did not
believe San Rafael would benefit to that degree, and that he could not vote for the Resolution.
RESOLUTION NO. 6188 - RECOMMENDING THAT THE MARIN COUNTY BOARD OF SUPERVISORS ADPOT RESOLUTION
REQUIRED UNDER SB215
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARING - ABANDONMENT OF EASEMENTS - NORTHGATE TERRACE DEVELOPMENT, MARIN PROFESSIONAL
CENTER UNIT 2 PW - File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
RESOLUTION NO. 6191 - ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS (Northgate
Terrace Development, Marin Professional Center Unit 2)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. PUBLIC HEARING - ABANDONMENT OF EASEMENTS - EAST SAN RAFAEL (Grange Property) (PW) - File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
RESOLUTION NO. 6192 - ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS (East San
Rafael - Grange Property)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - REZONING (Z81-11) OF PROPERTY PURSUANT TO CONDITION OF APPROVAL OF GARDEN COURT
PROJECT (OLD I -J BUILDING), FROM: UNCLASSIFIED DISTRICT TO: C- RESTRICTED COMMERCIA
DISTRICT; 1040 B STREET; INITIATED BY SKIP SOMMER, OWNER; AP 11-214-08 & 09 P - File FT -7 -
Mayor Mulryan declared the public hearing opened. There being no public input the public
hearing was closed.
Planning Director Moore briefed her staff report, indicating that a requirement when the
Planning Commission approved the Design Review application for the Garden Court Building, was
that the City require rezoning of the adjacent parking lot to C-1 consistent with the zoning
for the remainder of the site. Thus, the City would maintain control over uses through the Use
Permit procedure. Staff is recommending that the Council certify the Negative Declaration by
Resolution, and pass the required Ordinance to print to rezone the property.
RESOLUTION NO. 6193 - CERTIFYING A NEGATIVE DECLARATION FOR THE REZONING OF THE GARDEN COURT
PARKING LOT (FORMER I.J. PARKING LOT) FROM "U" (UNCLASSIFIED) DISTRICT TO
C-1 (RESTRICTED COMMERCIAL) DISTRICT AP 11-214-08 & 09 (1040 "B" Street)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to C-1
(Restricted Commercial) District (1040 "B" Street), and numbering Charter Ordinance No. 1414,
was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PIIRI Tr. TTMF
RE: RENTER PROBLEMS - File 9-2-35
Council heard from Karen Spivack and Stan Peckam, both of whom are renting from North Star
Properties, one in Greenbrae and the other in downtown San Rafael. Both tenants told of
drastic rent increases and management problems, and asked what the City can do to prevent such
conditions.
Mayor Mulryan stated that there is an item on the agenda, coming up very shortly this evening,
which is an attempt by the City to alleviate such situations.
12. SPHERE OF INFLUENCE/URBAN SERVICE AREA ANALYSIS (P1) - File 10-2 x 115
Council continued this matter to the October 19, 1981 meeting, at request of staff.
13. AMENDMENT TO SECTION 2.16.360 OF THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE POWERS AND
DUTIES OF THE POLICE ADVISORY COMMISSION CA - File 9-2-28 x 9-1-2
Assistant City Attorney Bullard presented a proposed Ordinance, at request of the Council, to
clarify the powers and duties of the Police Advisory Commission. Section 2.16.360 is amended
to specifically refrain from, and avoid consideration and discussion of, matters pertaining to
personnel rules and regulations of the City and labor relations and personnel matters as
related to the bargaining and negotiation process.
An Ordinance of the City of San Rafael, Amending Section 2.16.360 of the San Rafael Municipal
Code (Powers and Duties of the Police Advisory Commission), and numbering Charter Ordinance No.
1415, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. ORDINANCE RE RENT MEDIATION - File 9-2-35
Mayor Mulryan briefed a memo he had sent to the City Council, regarding the creation of a
committee as recommended by City Manager Beyer, consisting of property owners, landlords and
renters, to determine whether an alternative approach to the rent control measure on the ballot
could be developed. Mayor Mulryan stated he believes it is imperative that a rent mediation
alternative be adopted by the City Council so that there will be a mechanism for dealing with
renter/landlord disputes in San Rafael.
After discussion it was agreed that the matter be continued to the meeting of November 16, 1981,
when it will be known if the rent control measure has passed in the November 3rd election.
Jaki Sales, who has been on the task force regarding rent mediation and also on the Mobile Home
Park Advisory Committee, urged that the ordinance be passed without waiting for the outcome of
the election. Don Carney and David Bodis urged passage of the ordinance, and Mr. Bodis sug-
gested that the City determine how many units are actually covered by the stipulations in the
ordinance regarding buildings with six or more units.
Joe Asiano, President of the Marin County Board of Realtors, recommended postponing passage of
the proposed ordinance and offered his services in rewriting the ordinance if the people decide
they do not want rent control. Council asked Mr. Asiano to give them his comments and repeated
that the matter will be discussed on November 16, 1981.
15. REPORT FROM POLICE ADVISORY COMMISSION AND FIRE COMMISSION RE MEASURE F - BINDING ARBITRATION
CM - File 9-4 x 9-2-28 x 9-2-5
Council accepted a staff report from Assistant to the City Manager Nicolai, indicating that the
Police and Fire Commissions both met on Thursday, September 24th and, as a result of those
meetings, both Commissions independently and unanimously voted to oppose Binding Arbitration.
16. STATUS REPORT RE ST. VINCENT DE PAUL FREE DINING ROOM (CM) - File 10-5
Council reviewed a status report on the St. Vincent de Paul Dining Room, after three months of
operation. The area has been monitored by the Police Department and the Code Enforcement
Officer, at direction of the Council. Their reports indicate that there has not been a direct
problem as a result of the kitchen itself; however, there has been a general change in the
nature of the people in the area due to factors other than the soup kitchen, namely the tenants
of the Carmel Hotel and a "hobo jungle" which exists on Lindaro Street near the railroad
tracks. There are no parking problems resulting from the kitchen, since citations for overtime
parking and meter feeding were issued to operators or employees of businesses in the area, or
patrons of Milani's Bar and tenants of the Carmel Hotel.
Police and code Enforcement Officer are to continue working on the Carmel Hotel problem and the
hobo jungle, to curtail vagrants in the downtown area.
17. FINAL ADOPTION - ORDINANCE NO. 1410 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM C-2 GENERAL COMMERCIAL DISTRICT
TO R -3-N MULTIPLE FAMILY RESIDENTIAL - NONCONFORMANCE ADJUSTMENTS) DISTRICT (Latham, Shaver,
7", Hayes & Third Streets FP—FT- Me 10-3
CHARTER ORDINANCE NO. 1410 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so
as to Reclassify Certain Real Property from C-2 (General Commercial) District to R -3-N (Multiple
Family Residential - Nonconformance Adjustments) District (Latham, Shaver, "F", Hayes & Third
Streets), was adopted as an Ordinance of the City of San Rafael by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. FINAL ADOPTION - ORDINANCE NO. 1411 - REZONING CERTAIN REAL PROPERTY FROM P -C (PLANNED COMMUNITY)
DISTRIC 0 P -D PANNED DEVELOPMENT) DISTRICT (North of Peacock McNear rives P -
File 10-3 x 166
CHARTER ORDINANCE NO. 1411 - Rezoning Certain Real Property from P -C (Planned Community)
District to P -D (Planned Development) District (North of Peacock & McNear Drives), was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
19. FINAL ADOPTION - ORDINANCE NO. 1412 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERNCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, SO AS
TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C PLANNED COMMUNITY DISTRICT TO R -1-B-1 SINGLE
FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,500 SQUARE FEET DISTRICT (End—o— Santiago Way)
P - Fi I e 5-1-266 x 10-3
CHARTER ORDINANCE NO. 1412 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so
as to Reclassify Certain Real Property from P -C (Planned Community) District to R -1-B-1 (Single
Family Residential, Minimum Building Site Area 7,500 Square Feet) District) (End of Santiago
Way), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. FINAL ADOPTION - ORDINANCE NO. 1413 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL
- File 9-1 x7-7—-
CHARTER ORDINANCE NO. 1413 Providing for Cost of Living Increase for City Council, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. RECOMMENDATION TO LAFCO ON MANN DRIVE/BORTELLS REORGANIZATION (P1) - File 149 x 5-2
' Council reviewed a staff report from Planning Director Moore, indicating that several property
owners in the Country Club area are seeking annexation to the San Rafael Sanitation District,
and the Marin County Local Agency Formation Commission (LAFCo) is also proposing annexation to
the City of San Rafael under its dual annexation policy. The San Rafael Police Department has
recommended that the parcels in question continue to receive police services from the County of
Marin until a final determination is made on the larger question regarding the possible future
annexation of the entire Country Club island. City staff has been unable to identify any
significant needs or interest on the part of local residents which would justify pursuing
annexation for the entire area at this time.
Staff is therefore recommending to the Council that the City advise Marin County LAFCo and the
County of Marin that the LAFCo dual annexation policy should be waived for the Mann Drive/
Bortells Reorganization. Staff also suggested that the City request assistance from LAFCo in
ascertaining the aurren t level of interest within the Country Club area regarding annexation to
the City of San Rafael.
After disussion Council asked that staff present a report on a dual annexation policy for
Citywide areas.
(Councilmember Jensen left meeting)
22. REQUEST FOR SUPPORT OF PROGRAM BRINGING OXFORD ARCHITECTURE STUDENTS TO SAN RAFAEL (CM) -
File 202
City Manager Beyer explained to the Council that by supporting this program in concept it would
assist in obtaining a grant from the Buck Foundation. A local Architect, John Powers, is
working toward this end. The project would not result in any cost to the City.
The objective of the program would be to allow the architectural students to evaluate the
condition, use and occupancy of buildings in San Rafael's downtown area, together with proposals
for the possible conservation, renovation, reuse and new building which would meet the needs of
the community. This study would be undertaken by a team of staff and graduate students from
the Architecture and Urban Design Department of Oxford Polytechnic in England.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to lend the
City's name to the effort so that they can make application to the Buck Foundation.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
CLOSED SESSION
Council adjourned to Closed Session to discuss personnel - employment and pending litigation.
ANNE M. LE NI, rity Clerk
APPROVED THIS Ia1tt- DAY OF1981
MAYOR OF THE CITY OF SAN RAFAEL
In Conference Room 201 of the San Rafael City Hall, Friday, October 9, 1981, at 3:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Edmund A. Duggan, City Attorney
CLOSED SESSION
RE: DISCUSSION OF PERSONNEL - EMPLOYMENT - File 7-4 x 9-3-30
Council reconvened after meeting in closed session and announced that a motion was made by
Councilmember Breiner and seconded by Councilmember Jensen to terminate Police Chief Frank R.
Benaderet immediately.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
The City Council adjourned to their next regular meeting on Monday, October 21, 1981.
i ty Manager
u
APPROVED THIS Wt DAY OF 1981
MAYOR OF!T E CITY OF SA RAFAEL
In the Council Chambers of the City of San Rafael, Monday, October 19, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
Item Recommended Action
3. Certificate of Mailing of Dole Annexa- Accepted report that mailing had been
tion Notice (CC) -.File 5-2-85 completed, to all property owners within
the annexation area, per Civil Procedure
Code Section. 349.4.
4. Acceptance of Grant of Access Ease-
ment - Lucasfilm Properties,
3210 Kerner Blvd. (PW) -
File 2-5-8
5. Request re Hosting Exchange Program
at Falkirk for German Exchange
Students (Rec) - File 9-2-24
n
RESOLUTION NO. 6194 - ACCEPTING GRANT OF
ACCESS EASEMENTS AT 3210 KERNER BOULEVARD,
BAHIA DE RAFAEL INDUSTRIAL PARK (From
Lucasfilm Properties).
Approved staff recommendation re waiving
rental fees for reception at Falkirk
October 30, and approving proclamation
of welcome.
V
6. Approval of Renewal of Lease with
Dixie School Disrict re Classrooms
at Don Timoteo School for Day Care
(Rec) - File 4-7-3
7.
1.
Status Report re Northbound On -Ramp,
Lucas Valley Road Interchange (PW) -
File 4-8-20
RESOLUTION NO. 6195 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Dixie
School District re Use of Don Timoteo
School for Children's Day Care Center,
July 1, 1981 thru June 30, 1982 @ 20¢/Sq.
Ft., or $582.40/Mo.)
Accepted report that construction will begin ~
begin in approximately 30 days, low bidder
0. C. Jones & Sons being awarded contract.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
APPROVAL OF MINUTES OF SPECIAL JOINT MEETING OF SEPTEMBER 14, 1981, SPECIAL MEETINGS OF SEPTEM-
BER 21 an OCTOBER 9, AND REGULAR MEETINGS OF SEPTEMBER 21 AND OCTOBER 5, 1981 (CC)
Councilmember Breiner indicated that she would like a revision in the minutes of the Special
Meeting of September 14, 1981, with the Police Advisory Commission, to add the words "and those
needed for advancement" to the fifth paragraph of the minutes.
Councilmember Breiner then moved and Councilmember Miskimen seconded, to approve the minutes of
September 14th as amended, and approve the balance of the minutes as submitted.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
2. CLAIM FOR DAMAGES - TOM UMPHREYS (PD) - File 3-1-588
Council briefly discussed the fact that the claimant's car was actually parked in City right-of-
way and not on private property, since the right-of-way extends 3 to 4 feet behind the sidewalk.
Councilmember Breiner moved and Councilmember Jensen seconded, to approve R. L. Kautz recommend-
ation to deny the claim.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - SR81-41; SIGN REVIEW AND ADJUSTMENT
FOR FREESTANDING MONUMENT SIGN 0 50 -FOOT WIDE 0T; 1108 IRWIN STREET; OUIS ROBINSON, OWNER;
MARCELLA ROSS, REP.,, A14 -08371777 -T ---File 10-11
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council on the matter, stating that the Planning Commission
denied the freestanding sign proposal because they could find no justification to allow a
freestanding sign on a 50 -foot wide lot. The sign ordinance allows freestanding signs only on
lots with forntage of 100 feet or more.
Marcella Ross, representing Central Marin Answering Service, the tenants requesting the sign,
informed the Council that because of the awning on the front of the building only about half of
the present sign beside the entrance is visible.
Mayor Mulryan inquired of Ms. Ross whether Planning Commission had discussed with her the
possibility of a smaller freestanding sign, and she replied in the negative.
There being no further public input, the public hearing was closed.
Council then discussed the fact that there are already a number of freestanding signs on Irwin
Street, and the fact that the present sign on the front of the house in question can not be
easily seen. Councilmember Breiner indicated that she would hesitate approving a sign which
would be contrary to the sign ordinance.
Councilmember Miskimen moved and Councilmember Jensen seconded, to reverse the Planning Commis-
sion decision and grant Central Marin Answering Service a reduced sign 2' x 5'6", which will
eliminate the words "24 Hr Service" but will leave the remainder of the sign.
AYES: COUNCILMEMBERS: Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Nixon
Assistant City Attorney Bullard informed the Council that he would advise that a resolution be
prepared, with findings. Mayor Mulryan asked that the resolution be presented as a consent
calendar item for the November 2nd Council agenda.
h
9. AWARD OF BID FOR ONE STREET SWEEPER (CM) - File 4-2-160
Council reviewed a staff report recommending that they adopt a resolution awarding the bid for
the street sweeper to Western Traction Company of Union City, low bidder at $56,826.82.
Councilmember Jensen pointed out that the report does not give full information on the alternate
bids, which in this case were submitted because the bidders had several different types of
machines available. He asked that in the future any alternate bids be explained in detail, or
bid papers enclosed with the staff report.
RESOLUTION NO. 6196 - AUTHORIZING THE PURCHASE OF ONE STREET SWEEPER UTILIZING EQUIPMENT
REPLACEMENT FUNDS (From Western Traction Company of Union City, for
$56,826.82)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
10. SPHERE OF INFLUENCE/URBAN SERVICE AREA ANALYIS (P1) - File 10-2 x 115
The Sphere of Influence Study was referred to the Planning Commission as recommended by City
Manager Beyer, for their review and comment. Additional analysis must be completed prior to
final approval by City Council, particularly as it relates to cost benefits to the City from
various potential areas to be annexed. Options concerning the annexation law are also to be
addressed, with specific policies to be recommended for establishment.
11. FINAL ADOPTION - ORDINANCE NO. 1414 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERNCE BY SECTION 1 .15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY ER A REAL PROPERTY FROM (UNCLASSIFIED) DISTRICT TO C-1
RESTRICTED COMMERCIAL DISTRICT (10 40 B Street P - F-1—Fe 10-3
CHARTER ORDINANCE NO. 1414 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so
as to Reclassify Certain Real Property from "U" (Unclassified) District to C-1 (Restricted
Commercial) District (1040 "B" Street), was adopted as an Ordinance of the City of San Rafael
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
12. FINAL ADOPTION - ORDINANCE NO. 1415 - AMENDING SECTION 2.16.360 OF THE SAN RAFAEL MUNICIPAL
CODE POWERS AND DUTIES OF THE POLICE ADVISORY COMMISSION CA - File 9-2-28 7 9-1-2
CHARTER ORDINANCE NO. 1415 - Amending Section 2.16.360 of the San Rafael Municipal Code (Powers
and Duties of the Police Advisory Commission), was adopted as an Ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
13. AWARD OF CONTRACT FOR EARTH WORK, TRENCH EXCAVATION AND BACKFILL - REPAIRS AT SAN QUENTIN
DISPOSALSITE(PROJECT N0. 6- PW - File 4-1-310
Council considered a staff report recommending that Maggiora & Ghilotti be awarded the bid for
the subject project. There was one lower bid, by Whitmire & Sons, for $7,850, but the bid was
withdrawn due to an error in computation. Maggiora & Ghilotti's bid was for $13,320.
RESOLUTION NO. 6197 - RESOLUTION OF AWARD OF CONTRACT (To Maggiora & Ghilotti, for $13,320)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
14. APPLICATION FOR OPTION TO LEASE PROPERTY - TOP OF SAN RAFAEL HILL (RA) - File 2-10
Council reviewed an application from Mike West, Inc., of Cincinnati, Ohio, representing the
Chicago Title Insurance Company, for an option to lease a 50 -foot square parcel of land at the
top of Robert Dollar Scenic Drive. The applicant is reportedly a "Fortune 500" corporation
wishing to remain anonymous while securing sites to install monopoles for a radio communications
system. The lease proposed offers rent starting at $6,000 per annum for the first five years
and $9,000, $13,500, $20,250 and $30,375 per annum respectively for each successive five-year
option period exercised.
Councilmember Jensen expressed the opinion that thirty years is a long time to contract with an
anonymous company, and noted that the option -lease agreement they are proposing has no cancel-
lation clause on the part of the City.
Councilmember Breiner recommended that the location be carefully checked, due to encroachment
on the Boyd Park property, because of deed restrictions.
After further dicussion it was agreed to refer the application to the Planning Commission, as
recommended by staff, not with a direction to proceed, but for review and comment. Meanwhile,
staff is to make a careful determination regarding the exact location of the site, and whether
any portion of it is within the Boyd Park boundary. Assistant City Attorney Bullard was asked
to carefully review the proposed Option - Lease Agreement.
15. CONSIDERATION OF OPINION OF CITY ATTORNEY RE CONSTITUTIONALITY OF CITY'S BUSINESS LICENSE TAX
CM - File 9-1
Council studied a staff report from Finance Director Coleman, informing them that he had
received a memo from City Attorney Duggan stating that Resolution No. 5503 which was adopted in
June 1978, is unconstitutional and that business license fees should be rolled back to the 1979
level. Resolution No. 5503 provided for an increase in business license fees for 1979 by 10%
and provided for cost of living increases after 1979. Although there is no clear court case on
the subject, Assistant City Attorney Bullard has recommended rolling back the fees to the 1979
level pending resolution of the Farrel vs San Francisco case.
Councilmember Jensen inquired about the fees already collected since 1979, and Mr. Coleman
replied that nothing will be done pending outcome of the San Francisco case.
Councilmember Jensen then moved and Councilmember Breiner seconded, to approve the staff
recommendation and set the 1982 license rates at the 1979 level.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
16. REQUEST OF THE MARIN ARTS COUNCIL FOR $5,000 FOR DEVELOPMENT OF COUNTYWIDE CULTURAL ARTS
PLAN (Cult. A frs. - File 19
Council considered a request from the Marin Arts Council for the City's support for a cultural
development plan, and a contribution of $5,000 for programs which will ultimately benefit large
numbers of residents throughout the County. The California Arts Council and Marin County have
designated the Marin Arts Council as the official cultural planning agency for the county, and
they will be expected to allocate state funds among local arts agencies. The funds are needed
to build a responsible and responsive organization to achieve their goals.
Council discussed the propriety of such an expenditure, since the City Charter allows only
$1,000 per year to be spent for advertising purposes. Assistant City Attorney Bullard stated
that this is a borderline case, and could possibly be considered an investment.
Anne Charles, representing the Marin Arts Council, outlined for the Council the goals they hope
to achieve, including a benefit for Falkirk's programs.
After discussion Councilmember Breiner moved to assist the effort up to the $1,000 limit, with
the understanding that the funds would only be spent after the other cities in the County have
made contributions. There was no second to the motion.
Councilmember Jensen then moved and Councilmember Miskimen seconded, to deny the request
without prejudice.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
17. REPORT RE SELECTION PROCESS FOR NEW POLICE CHIEF (CM) - File 9-3-30 x 7-4
Council reviewed a staff report from City Manager Beyer regarding various selection processes
for a new Police Chief. They are, recruitment from within the department, and recruitment from
outside. Another suggestion was recruitment from within the department, to also include
officers who are presently in law enforcement positions within the County, who were at Captain
rank when the left the City's employ.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to keep recruit-
ment within the Lieutenants and Captains within the Police Department, plus the two officers
who were Captains and are now serving in other law enforcement jobs in the County.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ADD ITEMS
I DISCUSSION OF 101 BILLBOARD (CA) - File 13-9 x R-140#7
Council discussed the billboard on Highway 101 at the California Park Overpass, which was
almost destroyed by fire recently. The City Attorney was asked to look into legal implications
regarding abatement of the billboard, and report back to Council.
II DAMAGE OF PARAMEDIC AMBULANCE (FD) - File 9-3-31 (Oral)
Fire Chief Marcucci informed the Council that there was a serious fire in the Paramedic ambu-
lance, involving the area under the dashboard, and that he is presently renting a temporary
replacement, since repairs will take about a month.
III COUNCIL/POLICE ASSOCIATION RELATIONS - File 7-8-3 x 9-1 (Oral)
Council asked City Manager Beyer to confer with Police Association representatives to attempt
to establish a working relationship in view of the recent public comments being made about the
Councilmembers. Mr. Beyer is to inform them that the Mayor of the City of San Rafael is, by
Charter, the only person who could take over administration of the Police Department in time of
emergency.
The City Council adjourned to their next regular meeting on Monday, November 2, 1981.
NNE
A - 4XA�_�* -
E M
M. LEONCINI, City Clerk
APPROVED THIS A" DAY OF 1981
�O �A �RF A E�L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 2, 1981, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Regular Meeting
of October 19, 1981 (CC)
2. Approval of Final Map - Crest Marin
(PW) - File 5-1-266
3. Business Improvement District
Financial Report and Budget (Fin)
- File 183
4. Lease Agreements with San Rafael
School District for Rooms for Child
Care Centers at: (Red
a. Bahia Vista Elementary
School - File 4-7-17
b. Gallinas Elementary School -
File 4-7-20
Recommended Action
Approved as submitted.
RESOLUTION NO. 6198 - RESOLUTION
APPROVING FINAL MAP OF SUBDIVISION
ENTITLED "CREST MARIN"
Accepted financial report and budget
and authorized Finance Director to
disburse the funds collected for the BID.
RESOLUTION NOS. 6199/ 6200 - AUTHORIZING
SIGNING OF CONTRACT, LEASE OR AGREEMENT
(W/San Rafael School District, for rental
of portable classrooms @ Bahia Vista &
Gallinas Schools, respectively, 9/1/81-
6/30/82, $200./Mo; may be amended or
terminated by mutual consent & cancelled
by either party on 30 days' notice - lease
renewals)
10
c. Glenwood Elementary School -
File 4-7-21
6. Claims for Damages:
b. Wm. Lee Christian, File 3-1-589
(PD)
c. Leo Tinkler, File 3-1-592 (PD)
7. Resolution of Appreciation for Sgt.
Louis E. Foster, Jr., on Retirement
from Police Department (PD) -
File 102 x 9-3-30
8. Authorization to Establish Temporary
Parking Lot at Third & "C" Streets (PW)
- File 11-18 x R-197
RSOLUTION NO. 6201 - AUTHORIZING SIGNI
OF CONTRACT, LEASE OR AGREEMENT (W/San
Rafael School District, for rental of
portable classroom @ Glenwood School,
9/1/81-6/30/82, $100./Mo; may be amend
or terminated by mutual consent & can-
celled
an-
celled by either party on 30 days'
notice)
Approved R. L. Kautz Co. recommendatio
for denial of claims.
RESOLUTION NO. 6203 - RESOLUTION OF
APPRECIATION (To Sgt. Louis E. Foster,
Jr., Police Department, retiring after
thirty-one years)
RESOLUTION NO. 6204 - DESIGNATING THE
PROPERTY AT THE SOUTHWEST CORNER OF
THIRD AND C STREETS AS A TEMPORARY
PUBLIC PARKING FACILITY
RESOLUTION NO. 6205 - AUTHORIZING THE
PUBLIC PARKING FACILITY ON THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF THIRD
AND C STREETS TO BE ESTABLISHED AS A FEE
LOT (50¢ per day)
10. Request
by Chamber of Commerce for
Approved
staff recommendation
re parking
Parking
Meter Holiday - December 14
- meter holiday,
from December
14 through
24, 1981
(CM) - File 11-18
December
24, 1981, for all 1
& 2 hour
parking meters
in the downtown
area.
AYES:
COUNCILMEMBERS:
Breiner,
Jensen, Miskimen, Nixon &
Mayor Mulryan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
5. APPROVAL
OF AGREEMENT WITH
BOY SCOUTS OF AMERICA RE RECYCLING
BIN AT TERRA LINDA
RECREATION
CENTER (Rec) - File 4-10-159
Council considered a report from Recreation Director Jauch, stating that Troup 76 of the Boy
Scouts of America requested that they be allowed to place a recycling newspaper bin on the
Terra Linda Recreation Center site. Their former site, adjacent to the First Presbyterian
Church on Del Ganado, is no longer available due to construction of housing for the handi-
capped.
Council discussed the advisability, and asked if there were any objections by residents.
Mr. Jauch informed them that there is only one resident who has complained, and that is
because her back fence is adjacent to the proposed location of the bin.
Councilmember Jensen expressed concern about taking business away from Marin Recycling, but
was told by Bob McPhearson of the Boy Scouts that Marin Recycling people had told him
that newspaper recycling was their lowest priority because of the low return.
Council agreed to permit the use of the recycling bin on a three-month trial basis, providing
that the Boy Scouts maintain the area in a neat condition and place screening and landscaping
around the bin.
RESOLUTION NO. 6202 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Boy Scouts
of America re Recycling Bin at Terra Linda Recreation Center on
three-month trial basis)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6a. CLAIM FOR DAMAGES: RICHARD C. KLETT, JR., (PW) - File 3-1-585
Council agreed to discuss this matter in Closed Session at the end of the meeting because
it involves pending litigation.
9. RESOLUTION OF FINDINGS RE APPROVAL OF FREESTANDING SIGN, 1108 IRWIN ST. (P1) - File 10-11
Councilmember Breiner stated that she had removed this item from the consent calendar
because she had voted against approval of the sign at the public hearing on October 19th
and therefore must vote against the adoption of the Resolution.
11
Councilmember Jensen moved and Councilmember Miskimen seconded, to adopt the Resolution of
findings on 1108 Irwin Street.
RESOLUTION NO. 6206 - APPROVING A SIGN ADJUSTMENT FOR A FREESTANDING SIGN FOR CENTRAL MARIN
ANSWERING SERVICE AT 1108 IRWIN STREET
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - ED81-3, FOUR HUNDRED SQUARE FOOT
OFFICE ADDITION, 00 E STREET; JOHN S. DUPEN, OWNER & REP.; AP 12-071-07 P -
File 10-6 x -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council on the background of the construction of a 400
square foot addition to John S. Dupen's building at 700 "E" Street. The addition was
started without a building permit and was completed after a stop work notification in
November 1979. Since that time Mr. Dupen has submitted four different applications to the
City requesting approval of the addition and the Planning Commission and City Council
consistently denied the request since there was not sufficent proof of adequate parking
which would meet City code requirements. Following the last denial by the City Council,
the City Attorney initiated abatement proceedings and Mr. Dupen has filed yet another
application with the City.
The major difference with the current proposal is the restriping of the existing parking
lot. Staff recommended conditional approval of the proposal to the Planning Commission,
but they denied the application (Commissioner Smith dissenting, Chairman Norman absent),
with the findings that the parking did not meet usual City standards and that the reduction
in landscaping needed for the required restriping was detrimental to the overall design of
the property.
Owner John S. Dupen addressed the Council, stating that he has worked diligently regarding
the parking and has used the same format as the City Traffic Engineer. He further stated
there will be no reduction in landscaping as a result of the restriping being suggested.
Mr. Dupen presented a new, refined drawing of the proposed parking. He stated that his
ratio is 70% standard cars and 30% compact, whereas the County of Marin ratio is 50/50%.
With regard to the abatement proceedings, Mr. Dupen stated he would be glad to pay the
penalty and, further, regarding stipulated damages he would appreciate the Council permit-
ting his attorney and City Attorney Duggan to work the problem out.
There being no further public input, the public portion was closed.
Councilmember Jensen moved that the action of the Planning Commission be sustained. There
being no second, the motion died.
After further discussion Breiner moved and Councilmember Miskimen seconded, to hold the
matter over for two weeks for staff to determine the workability of the newly -presented
parking plan, and look carefully into the landscaping aspect. Also, City Attorney Duggan
is to work with Mr. Dupen's attorney regarding the legal aspects of the stipulated damages.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan continued the public hearing to November 16, 1981.
12. PUBLIC HEARING - NUNES OPEN SPACE PARCEL "E" ANNEXATION (P1) - File 5-2-81
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the preliminary actions regarding this
annexation have been completed, and the next step is to adopt a resolution ordering the
annexation.
There being no public input, the public hearing was closed.
RESOLUTION NO. 6207 - ORDERING THE NUNES OPEN SPACE PARCEL "E" ANNEXATION
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting)
12
13. PUBLIC HEARING - REZONING (Z81-21), 333 BISCAYNE DRIVE, PEACOCK GAP GOLF & COUNTRY CLUB,
AP 184-02 /04/05 an 184-21U-01, FROM: - (PLANNED 0 I O: C-R 0
COMMERCIAL RECREATION & OPEN SPACE DISTRICTS; INITIATED BY CITY OF SAN RAFAEL P -
F7 e 0-3 x 166
Mayor Mulryan declared the public hearing opened.
Planning Director Moore recapped previous actions for the Council, in connection with the
Peacock Gap Neighborhood Plan. This proposed rezoning will designate the Peacock Gap Golf
& Country Club as C-R, Commercial/Recreational and the Lagoon parcel as "0", Open Space. A
conditional use permit for the golf course was approved by the Planning Commission October
13, 1981.
There being no public input, the public hearing was closed.
An Ordinance of the City of San Rafael, Rezoning the Major Part of the Peacock Gap Golf and
Country Club (AP 184-020-03, 04 and 184-210-01) from the P -C (Planned Community) District
to the C-R (Commercial Recreational) District and the Golf Course Lagoon Parcel (AP 184-020-
05) from P -C (Planned Community) District to the "0" (Open Space) District, and a Determina-
tion that the Rezoning is Covered by the Peacock Gap Neighborhood Plan Environmental Impact
Report (333 Biscayne Drive), was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
14. STATUS REPORT ON LAS GALLINAS VALLEY SANITARY DISTRICT AND BUILDING PERMIT MORATORIUM (CM) -
ie 189
Council considered a report from Assistant City Manager Meador, indicating that the Las
Gallinas Valley Sanitary District is under orders from the Regional Water Quality Control
Board not to issue new sewer hookups. The result of this directive is that the City of San
Rafael and the County of Marin have not issued building permits due to the fact that no
sewer hookups are available. Staff is recommending that Mayor Mulryan send a letter to the
Las Gallinas Valley Sanitary District asking that the District diligently and expeditiously
pursue a course of action which will lift the ban on sewer hookups.
After discussion the Council agreed that Mayor Mulryan sign a letter to the Las Gallinas
Valley Sanitary District, as recommended by staff.
15. RESOLUTION ENDORSING EXTENSION OF HOUSING & COMMUNITY DEVELOPMENT ACT AGREEMENT WITH COUNTY
OF MARIN CM - File 4-13-38
Assistant City Manager Meador informed the Council that the City has, for the past three
years, been party to a county -wide agreement which establishes the method of distributing
monies received from the Housing and Community Development Act. By participating with the
other cities and the County of Marin, San Rafael receives money from this legislation. The
proposed resolution and Cooperation Agreement extend the legislation for another three-year
period under the same terms as at present, and the amount of money coming to San Rafael for
capital projects will be approximately $250,000 per year.
RESOLUTION NO. 6208 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/County of
Marin, Housing & Community Development Act Agreement Extension,
effective December 1, 1981, until terminated)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. REPORT ON USE OF CALTRANS RIGHT-OF-WAY FOR WIDENING OF EAST FRANCISCO BOULEVARD (PW) -
File 6-34
Public Works Director Bernardi informed the Council that the approximate cost of widening
Francisco Boulevard East from Bellam Boulevard to Medway Road would be approximately
$160,000. He proposed that the funding for this additional work, for which CalTrans approval
for use of State right-of-way has been obtained, will be provided from the traffic mitiga-
tion fees collected from all new developments in the area. These fees have been collected
since 1979.
After dicussion Councilmember Breiner moved and Councilmember Miskimen seconded, to autho-
rize staff to include the widening of Francisco Boulevard East, from Bellam Boulevard to
Medway Road, in the Francisco Boulevard East Beautification Project and Assessment District,
with funding to be taken from the traffic mitigation fees.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
E, J
17. EXPIRATION OF TERM, MARIN/SONOMA MOSQUITO ABATEMENT TRUSTEE (CC) - File 9-2-9
Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint John A. Govi
as the City's representative to the Marin/Sonoma Mosquito Abatement District for a two-year
term, commencing January 1, 1982. i
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. MEDICAL INSURANCE FOR RETIREES (Fin) - File 7-9
Council was informed by Finance Director Coleman that it would be desirable to have a firm
policy regarding medical insurance for retired employees. He suggested that the Council
adopt a policy which limits group insurance benefits to retired employees with a minimum of
ten years service and who receive a retirement check within five years of their termination
of employment with the City of San Rafael.
After discussion Councilmember Jensen moved and Councilmemeber Breiner seconded, to limit
the group insurance benefit to retired employees with a minimum of ten years service who
receive a retirement check within five years of their termination of employment with the
City and, further, that benefits not be removed from retirees already receiving them.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. REPORT ON BID OPENING AND AWARD OF CONTRACT - FALKIRK COMMUNITY CULTURAL CENTER HANDICAPPED
ACCESS ALTERATIONS PROJECT PW - Fi e 4-1-312
RESOLUTION NO. 6209 - AWARD OF CONTRACT (H.G.W. Construction, low bidder, for $28,452)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. REPORT ON EXSITING PARKING STRUCTURES AT THIRD & LOOTENS AND FIFTH & "C" (PW) -
File 2-1-18 x 2-1-19
Council accepted a status report regarding ongoing inspections by Robert Copple concerning
cracks found in some of the precast beams, utilizing $5,000 in Parking District funds. The
same conditions exist in both parking structures.
21. DISCUSSION OF ST. VINCENT DE PAUL FREE DINING ROOM - File 10-5 (Verbal)
Councilmember Nixon stated that he had this item put on the agenda since he wished to state
his position before leaving the Council. He recommended that when the six-month trial
period is over the dining room be removed to another location, since it seems to be attract-
ing an undesirable element who remain in the downtown area. He commended the staff on
their running of the establishment, and also stated that he realized one of the problems is
the Carmel Hotel which is adjacent, but still feels another location would be the proper
way to proceed and asked the Council to consider this when the permit renewal for the
dining room comes up before the Council.
22. COMMUNICATION FROM MARIN DELEGATION OF GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION
DISTRICT, RE OPPOSITION TO AB 95 - File 112-2
Mayor Mulryan discussed AB 95, which would revamp the organization and operations of the
Golden Gate Bridge, Highway & Transportation District, and would reduce the Marin County
representation on the Board.
Councilmember Breiner moved and Councilmember Miskimen seconded, to give Mayor Mulryan the
approval of the Council to appear in opposition to AB 95 at the meeting to be held at the
Marin County Civic Center on November 16th.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEMS
DATES FOR SPECIAL MEETINGS, REDEVELOPMENT AGENCY AND PARKING AUTHORITY
Council agreed that there would be a Redevelopement Agency meeting on Tuesday, November
10th, immediately following the swearing-in of the newly elected councilmembers. The
meeting is to discuss the Fourth and "A" Streets development. Also, the Parking Authority
meeting which had been scheduled for November 9th at 4:30 PM was cancelled, and will be
rescheduled on November 16th. The Parking Authority is to hear presentations from prospec-
tive developers of the parking structure at Third and "A" Streets.
14
CANINE CORPS DEMONSTRATION - File 9-3-30
Councilmember Miskimen asked City Manager Beyer to again contact the Concord Police Depart-
ment to attempt to set a date for a Canine Corps demonstration.
CLOSED SESSION
23. Council met in closed session, then reconvened in public to deny the claim of Richard C.
Klett (Agenda item 6a)
ANNE M. LEONCINI,City Clerk
APPROVED THIS %Co" DAY OF , 1981
MAYOR OF THE CITY OFSAN FAEL
In the Council Chambers of the City of San Rafael, Tuesday, November 10, 1981, at 6:30 PM.
Special Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
1. RESOLUTION DECLARING CANVASS OF RETURNS (CC) - File 9-4
RESOLUTION NO. 6210 - DECLARING CANVASS OF RETURNS AND RESULTS OF GENERAL MUNICIPAL ELECTION
HELD ON TUESDAY, NOVEMBER 3, 1981
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. SWEARING IN OF NEWLY ELECTED COUNCILMEMBERS - File 9-4-1 x 9-1
Superior Court Judge Richard H. Breiner administered the oath of office to newly elected
Councilmembers Dorothy L. Breiner and Gary R. Frugoli, for four-year terms to November
1985.
3. SIGNING OF AFFIRMATION OATH RE CONFIDENTIALITY OF CLOSED SESSIONS (CC) - File 9-1-2
Newly elected Councilmember Gary R. Frugoli signed affirmation oath regarding confidential-
ity of closed sessions. All other Councilmembers and Mayor Mulryan had previously signed
similar oaths.
4. SWEARING IN OF SCHOOL BOARD MEMBERS (CC) - File 9-4-1 x 9-2-1
School Board Members Richard F. Barry and Jerome M. Kuykendall to be sworn in by City Clerk
Leoncini at the San Rafael Board of Education meeting to be held in the Administration
Building, 225 Woodland Avenue, San Rafael, at 8:00 PM.
15
The City Council adjourned to their next regular meeting to be held on Monday, November 16, 1981.
lati
W I _ Ixz
11
APPROVED THIS Vh DAY OF , 1981
AYO�RO HE CITY OF SAN AFAEL
In the Council Chambers of the City of San Rafael, Monday, November 16, 1981, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
Item Recommended Action
1. Approval of Minutes of Regular Meeting Approved as submitted.
of November 2, 1981 (CC)
2. 1981 Audit Report - City of San Rafael Accepted report.
and Parking Authority (Fin) -
File 8-1
3. Abandonment of Roadway Easement - RESOLUTION NO. 6211 - RESOLUTION ON
Manzanita Lane (PW) - File 2-12 INTENTION TO ORDER VACATION OF PUBLIC
STREET (Manzanita Lane) (And setting
public hearing for 8:00 PM, December 21,
1981)
4. Claim for Damages - Jean LaTouche Approved R. L. Kautz Co. recommendation
Tagore (PD) - File 3-1-594 for denial.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED:COUNCILMEMBERS: Frugoli abstained only from approval of minutes of
November 2, 1981.
5. STATUS REPORT ON USE OF COMPUTER SERVICES (Fin) - File 4-10-97
Council accepted a report from Finance Director Coleman, indicating that there have been
problems with the Xerox Computer Service which handles the City's general ledger and
accounts payable matters. For this reason, Mr. Coleman has been looking into alternative
systems. Council agreed with this approach.
Mr. Coleman also reported that the Police Traffic Safety computer system is to be ready in
early 1982, with reports to be forthcoming by late Spring.
6. FUTURE OPERATION AND MAINTENANCE AT BARBIER MEMORIAL PARK (Rec) - File 2-1-39 x 12-5
Council heard a report from Recreation Director Jauch regarding alternatives to be consid-
ered regarding Barbier Memorial Park. When the City entered into an agreement with the
Department of the Interior in 1972 to have the title of the 3.28 acre Nike site conveyed to
the City and become part of Barbier Memorial Park, it had to meet two conditions: 1) That
public access be provided; and 2) That the site be properly maintained and improvements be
16
made. At the present time the only improvements made have been demolition, grading and
cleaning of the site, and placement of a permanent sign. In order to keep the property
from reverting to the Federal Government, the City must provide public access and show
additional signs of improving the site by the end of 1982. The Recreation and Public We
staffs have studied the matter and suggested three alternatives for Council considerati(
1) Do nothing and let the Nike site revert to the Federal Government, and continue to
maintain Barbier Memorial Park as open space; 2) Do improvements necessary for public
access and provide on-going maintenance; and 3) Enter into a long term agreement with ti
State of California and lease the Nike site and Barbier Memorial Park to the State so ii
can be included in China Camp State Park.
Councilmember Miskimen asked if the site is contiguous to any part of China Camp State
Park, and Mr. Jauch replied that actually the trails meet but are presently divided by
fence.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to
approve the staff recommendation that they be authorized to look into a long term agreer
with the State of California to lease the Nike Site and Barbier Memorial Park to the Sti
so the area can be included in China Camp State Park.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - ED81-3, FOUR HUNDRED SQUARE FOO -
OFFICE
00'0 I ADDITION, E STREET; JON S. DUPEN, OWNER P.; AP 12-071-07 P -
Fi I e 0-6 770-4
Mayor
0 -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council on the history of the property and the present
appeal which involves adequacy of the parking design and suitability of the landscaping.
Staff has determined that the existing landscaping should be somewhat upgraded and the
fencing along the creek repaired and, further, that the parking layout is considered
acceptable only because of the low turnover usage of the lot.
City Attorney Duggan stated that the had met with Mr. Dupen's attorney, who had agreed that
if this appeal is upheld it would be subject to a Superior Court stipulation of payment of
$1,000 damages.
John S. Dupen, owner and developer of the property in question, made a brief presentation
recapping the events and stating he feels the new parking plan is workable.
There being no further input, the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to grant
the appeal, subject to conditions (a) through (f) as recommended by staff, plus condition
(g), regarding payment of the stipulated $1,000 damages.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - REZONING (Z81-19) SOUTH END OF ANDERSEN DRIVE, CENTRAL MARIN SANITATION
PLANT - A 18-180-04 FROM: U (UNCLASSIFIED) DISTRICT, T0: P- (PLANNED DE E 0 N)
DISTRICT. INITIATED BY CENTRAL MARIN SANMATION AGENCY, JOSEPH REM E , REP. -
File 10-3
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan then recapped the background, stating that there does not seem to be an
alternative to building the wastewater treatment plant on Andersen Drive and that as a
member of the San Rafael Sanitation District Board he had reluctantly agreed to it, because
otherwise San Rafael would have a moratorium on sewer hookups. Councilmember Miskimen,
also on the SRSD board, agreed that they had no choice.
Joseph Remley of the Central Marin Sanitation Agency stated that the project has been going
on for about twelve years. He informed the Council that since the Planning Commission, at
their meeting on October 13, had recommended rezoning and acceptance of the EIR/EIS prepared
by the US Environmental Protection Agency, he urged that the matter be approved since one
condition of the Federal grant of $44,000,000 toward the plant was that the bids for
construction be advertised by December 29, 1981, and any delay which would postpone the
advertising would jeopardize the funds.
Leo Cronin, Chairman of the Central Marin Sanitation Agency, urged approval of the rezoning,
since there have been ample public hearings and it is time for the project to proceed.
17
;ouncil considered a letter from attorney Gary Ragghianti, recently retained by a group of
ast San Rafael property owners who are concerned about the ramifications of the treatment
d ant project. Among their concerns are adequate funding, if the government does not
pprove sufficient funds to finish the plant and thus puts the burden on the community.
'hey have asked Mr. Ragghianti to research the entire matter and in his letter he requested
ninety day delay in order that he may familiarize himself with all of the background
iaterial.
'here being no further public input the hearing was declared closed.
ouncil discussed the advisability of deferring a decision in view of Mr. Ragghianti's
equest, and weighed the possibility of loss of the federal funds if the December 29th
eadline is not met for advertising the bids.
Councilmember Breiner moved and Councilmember Miskimen seconded, to accept the EIR/EIS
which was prepared by the Environmental Protection Agency.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then moved, and Councilmember Miskimen seconded, to pass the proposed
Ordinance to print, to rezone the property from "U" (Unclassified) District to P -D (Planned
Development) District.
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to
P -D (Planned Development) District (End of Andersen Drive), and numbering Charter Ordinance
No. 1417, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli & Jensen
ABSENT: COUNCILMEMBERS: None
9. REVIEW OF PRELIMINARY CONCEPTUAL PLAN RE ALBERT PARK RENOVATION PROJECT (Rec) - File 4-3-66
Council reviewed a staff report from Recreation Director Jauch, indicating that existing
funds for the Albert Park Renovation Project presently total $243,962, and recommending the
scope of work which could be performed within that limitation.
George Girvin of Royston, Hanomoto, Alley & Abey, who have been performing architectural
services in connection with the renovation project, outlined the four improvements which
could be accomplished with existing funds. They are: 1) Demolition of Cook's building and
restrooms; 2) Improvement of entry and addition of entry plaza; 3) Renovation of stadium
restrooms; and 4) Parking improvements. The improvements for the remaining project will be
delayed until future funding is available.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to
approve the conceptual plan and the recommended improvements which can be accomplished with
existing funds, as outlined by Mr. Girvin.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. FINAL ADOPTION - ORDINANCE NO. 1416 - REZONING THE MAJOR PART OF THE PEACOCK GAP GOLF AND
COUNTRY CLUB AP 184-020-03, 04 AND 184-210-01) FROM THE P -C PLANNED COMMUNITY) DISTRICT
0 THE C-R COMMERCIAL RECREATIONA DISTRICT AND__THE GOLF COURSE LAGOON PARCE AP -020-
05 FROM P -C PLANNED COMMUNITY DISTRICT TO THE 0 OPEN SPACE DISTRICT, AND A DETERMINA-
ION THAT THE REZONING IS COVERED BY THE PEACOCK GAP NEIGHBORHOOD PLAN ENVIRONMENTAL IMPAC
REPORT (333 Biscayne Drive P - File 10-3 x 166
CHARTER ORDINANCE NO. 1416 - Rezoning the Major Part of the Peacock Gap Golf and Country
Club (AP 184-020-03, 04 and 184-210-01) from the P -C (Planned Community) District to the C-R
(Commercial Recreational) District and the Golf Course Lagoon Parcel (AP 184-020-05) from
P -C (Planned Community) District to the "0" (Open Space) District, and a Determination that
the Rezoning is Covered by the Peacock Gap Neighborhood Plan Environmental Impact Report
(333 Biscayne Drive), was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen, due to conflict of interest
11. CONSIDERATION OF RENT MEDIATION PROPOSAL (CM) - File 9-2-35
Mayor Mulryan commented that action on this rent mediation proposal was deferred pending the
outcome of Measure G, the rent control initiative, which was defeated in the November 3,
1981 election.
Councilmember Jensen asked about the City using the County's mediation board, and Mayor
Mulryan said he thought it would be in the best interest of San Rafael residents if the City
has its own board. He then asked City Manager Beyer about who mans the County's board and
was told it is manned by volunteers. Mr. Beyer then suggested that the Council approve in
concept the type of mediation board he is recommending, and he will then go to the County
and see what could be done through their board.
Bill Lewis, an owner of residential property in San Rafael, announced that he is Chairman of
the County Mediation Advisory Council, and verified that it is a volunteer group. He stated
that in disputes mediation is mandatory, with a penalty if a party does not appear. However,
he stated that they do not take any position on rental disputes. He brought out, under
questioning by Councilmember Miskimen, that the County's Mediation Services Program is
supported by Buck funds at the present time, with two professionals who are paid by the
County and a cadre of about 25 individuals.
Coleman Persily, representing the Tenants' Association of Marin, stated he is on the volun-
teer mediation group, and agreed that it does not work when it comes to rental disputes.
Mike Lieberman spoke in favor of requiring landlords to become involved in the rent media-
tion process. Kathy Campbell urged the Council to consider very carefully before passing
the proposed Ordinance to print, forming a rent mediation board and suggested they study the
situation before doing so. Anise Turina spoke in favor of the rent mediation board, stating
that when people voted against rent control it was with the hope that the City could do
something for them. Mildred Vail, representing Marin County Realtors, endorsed mediation
through the County services. Roy Roth noted for the Council that 70% of the people voting
were against rent control, and Mayor Mulryan stated that this proposed board would be
advisory only. Gerald Bakerink stated he would rather see the Council address the problem
of rent mediation but if it does not do it, his group will be back with a rent control
measure.
After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to continue
the matter for a month to allow time for City Manager Beyer to meet with Coleman Persily and
bring back more information as to what is actually happening with the County's mediation
' services and whether the City could avail themselves of it, or should pursue an independent
program.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. GUIDELINES FOR SETTLEMENT OF CLAIMS - ALLARDT'S CANAL (RA) - File 182
The Council reviewed a proposed resolution which affirms the City's intent to resolve the
long-standing disputes to title in Allardt's Canal in consonance with Chapter 1742 of the
Statutes of 1971. The resolution was prepared by the Allardt's Canal Task Force.
RESOLUTION NO. 6212 - AUTHORIZING THE SETTLEMENT OF CERTAIN SOVEREIGN LAND CLAIMS (Re
Allardt's Canal)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. STATUS REPORT ON LITCHFIELD SIGN (CA) - File 125
Council accepted a status report regarding the sign in question, which stated that the City
Attorney is now awaiting trial which will be no earlier than February or March of 1982.
Mayor Mulryan asked if there is a possibility of the sign being shut off pending trial, and
City Attorney Duggan indicated he will try.
14. EXPIRATION OF TERMS - CITIZENS' ADVISORY COMMITTEE ON ENERGY (PW) - File 9-2-34
Public Works Director Bernardi informed the Council that the Citizens' Advisory Committee
was appointed on October 20, 1980, for a one year term which is now due for expiration.
Since the Committee is still working on a number of projects which should prove to be a
benefit to the City, staff recommends that the terms of the six members be extended to June
30, 1982.
Present Committee members are: Tom Obletz, Chairman; Charles Barber; Peter Holmstrom;
Samuel Natelson; Sidney Pankin; and Douglas Pittman.
Councilmember Jensen moved and Councimember Breiner seconded, to reappoint the present
members of the Citizens' Advisory Committee on Energy for an additional seven month term,
until June 30, 1982.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
IV
15. APPLICATION FOR A PUBLIC AGENCY LEASE OF STATE LANDS HELD BY CITY OF SAN RAFAEL FOR USE AS
OUTFALL LINE (RA) - File 2-8--22
Council reviewed a staff report indicating that the Central Marin Sanitation Agency has
filed an application with the City for a permit to enter, construct and maintain an 84 -inch
diameter outfall conduit for the transport of secondary treatment wastewater in a 5,500 foot
long by 100 foot wide parcel of State owned tide and submerged land held in trust by the
City of San Rafael. State Lands advises that where the facility is for public use, benefit,
health or safety, a determination may be made to waive the annual rent. A proposed resolu-
tion was prepared, to approve a lease.
Joseph Remley, representing the Central Marin Sanitation Agency, then addressed the Council
and informed them that a discrepancy was found in the EIR/EIS regarding the route of the
outfall line on the upland side, and he would like the matter continued until the error is
worked out and the EIR/EIS revised. Council agreed to do so.
16. REVIEW OF CORPS' PUBLIC NOTICE ON CENTRAL MARIN OUTFALL LINE (P1) - File 12-7
Planning Director Moore stated that she did not know that the preceding item would be
continued, but that the recommended action still applies, to notify the Central Marin
Sanitation Agency and the Corps of Engineers regarding the City's concerns in connection
with the grading and treatment of the shoreline band which will have to be addressed in the
design and construction of the outfall line.
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the recommenda-
tion that staff be directed to advise the Central Marin Sanitation Agency and the Corps of
Engineers of the City's concern regarding the construction of the outfall line.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. REPORT ON BID OPENING AND AWARD OF CONTRACT - CANYON OAK DRIVE EMBANKMENT REPAIR, PROJECT
NO. 19-409605 PW - Fi e 4-1-313
RESOLUTION NO. 6213 - RESOLUTION OF AWARD OF CONTRACT (To W. R. Forde Construction Co., Inc.,
low bidder at $26,060.40)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. REPORT ON 1982/83 FAU PROGRAM (PW) - File 4-10-66
Council considered a recommendation from Public Works Director Bernardi regarding the Five
Year Marin County FAU Program, 1981/1982, Projects Beyond Current Five Year Funding, Item
No. 1. This item is the Lincoln/Merrydale Connection, and staff is recommending that it be
deleted and that the Merrydale/Civic Center Drive Overpass be substituted in the 1982/83 FAU
Program.
Councilmember Breiner moved and Councilmember Miskimen seconded, to direct staff to make the
substitution of the Merrydale/Civic Center Drive Overpass as recommended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Assistant to the City Manager Barbier informed the Council that earlier this month the
Reagan administration sent to the House and Senate a request that Legislation be introduced
to provide for a 12% reduction in the authorized level of general revenue sharing payments
to local governments in FY 1982. San Rafael receives $468,000 presently, and a 12% reduc-
tion would amount to $56,160.
After discussion, Council agreed to take no action to protest the proposed reduction.
20. COMMUNICATION FROM REPRESENTATIVE OF VARIOUS OWNERS OF UNDEVELOPED PROPERTY WITHIN LAS
GALLINAS VALLEY CONCERNING EMPLOYMENT OF BROWN AND CALDWELL CM - Fi e 4-3-84
Assistant City Manager Meador informed the Council that a request has been made by property
owners and developers within the Las Gallinas Valley, that the City serve to monitor a
contract with Brown and Caldwell Engineering, Inc., for review of the moratorium which was
placed on the Las Gallinas Valley Sanitary District to determine if any exceptions should
be made on behalf of these individuals. Report would be made within thirty days. There
would be no cost to the City, but the benefit to the property owners and developers would be
that the report would become a public document and not a private advocacy on behalf of the
concerned individuals.
20
RESOLUTION NO. 6214 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Brown &
Caldwell Engineering, Inc., to research the moratorium placed on the
Las Gallinas Valley Sanitary District by the Regional Water Quality
Control Board)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. CONSIDERATION OF CITY COUNCIL APPOINTMENTS (CC) - File 9-1
Council took the following actions in connection with revision of their appointments to
various boards and committees:
Councilmember Jensen moved and Councilmember Breiner seconded, to appoint Mayor Mulryan as
Chairman of the Redevelopment Agency.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner was then appointed to the County Priority Setting Committee, and the
Development Review Committee of the Redevelopment Agency.
Councilmember Frugoli was appointed as Alternate Member, City/School Liaison Committee, and
City Liaison with the Mobile Home Park Advisory Committee.
All other City Council appointments remain as they were in May of 1980.
22. REVIEW OF STRUCTURE OF CITY ATTORNEY'S OFFICE BY BLUE RIBBON CITIZENS' ADVISORY COMMITTEE -
File 9-3-76—x 9-2-36
Councilmember Breiner informed the Council she had this item included in the agenda because
there seem to be questions in the community as to whether the City Attorney's Office is
structured properly, and she felt the matter should be considered to see whether any changes
are necessary.
Mrs. Breiner further suggested that, in order to keep the survey on an objective level, a
blue ribbon committee be selected with specific charges as to their scope.
After discussion Council decided that the first step to take would be for Mayor Mulryan and
Councilmember Breiner to meet with City Manager Beyer, City Attorney Duggan, and Assistant
City Attorney Bullard to discuss the matter and develop guidelines for a survey by a commit-
tee.
ADD ITEMS
I RESOLUTION OF APPRECIATION - SAN QUENTIN WARDEN GEORGE W. SUMNER - File 102
RESOLUTION NO. 6215 - RESOLUTION OF APPRECIATION (To San Quentin Warden George W. Sumner,
on his departure from San Quentin Prison)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
II PROPOSED ORDINANCE RE VIDEO ENTERTAINMENT ARCADES (P1) - File 10-2
Planning Director Moore informed the Council that at the last Planning Commission meeting
staff was asked to prepare an ordinance covering regulations governing operation of video
entertainment arcades. The ordinance will be presented to the Council in approximately two
months.
III HANDICAPPED ACCESS APPEALS PROCESS (CA) - File 13-1-1
Council reviewed a copy of a letter which Assistant City Attorney Bullard proposes to send
to the Deputy Attorney General, giving an opinion regarding the handicapped access appeals
process. Also included was a copy of a letter City Attorney Duggan had mailed to the Deputy
Attorney General on November 9, 1981, giving his opinion on the matter. Council granted Mr.
Bullard permission to dispatch his letter to the Deputy Attorney General, which gave a
differing opinion.
21
The City Council adjourned to their next regular meeting to be held on Monday, December 7, 1981.
APPROVED THIS % '�- DAY OF , 1981
s =�
In Room 201 of the San Rafael City Hall, Wednesday, November 18, 1981, at 4:30 PM.
Special Meeting:
Also Present: Robert F. Beyer, City Manager
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
RE: APPOINTMENT OF CHIEF OF POLICE - File 9-3-30 x 7-3
Council met in Closed Session to interview the following applicants for the position of
Chief of Police:
Lt. Kenneth Homen
Lt. Eugene Pennington
Capt. Charles Brobeck
Undersheriff Henry Ingwersen
Capt. Richard Douglas
Following the interviews, the Council then met in open session and took the following
action:
Councilmember Jensen moved and Councilmember Frugoli seconded, to appoint Henry Ingwersen as
Chief of Police for the City of San Rafael, and authorized City Manager Beyer to negotiate
salary and starting date.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council then adjourned to a joint meeting with the Planning Commission on December 1,
1981.
�1
j
'ROB F. BUM, qity manager
V
APPROVED THIS % = DAY OF 1981
i
*** *** ** * *** ** * ** * *** ***
22
Held at Dominic's Harbor Restaurant in the City of San Rafael, Tuesday, December 1, 198.
at 6:30 PM.
Special Joint Dinner Meeting:
San Rafael City Council/San Rafael Planning Commission
Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
John A. Miskimen, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Present: Richard M. Norman, Chairman
Albert J. Boro, Commissioner
Cecilia B. Bridges, Vice -Chairman
John Galbraith, Commissioner
Clifford S. Lund, Commissioner
Michael J. Smith, Commissioner
John A. Starkweather, Commissioner
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney; Anne Moore, Planning Director
File 9-2-6 x 9-1-2
Acting Mayor Jensen presided. City Manager Beyer welcomed all those present and thanke
Planning Commissioners for the time and effort they have given to the City. After introauctions
were made, Council/Planning Commission discussed the working relationships between the two
groups.
Councilmember Breiner again suggested that a Planning Commissioner attend Council meetings when
an appeal from a Planning Commission decision is to be heard before the Council.
After discussion it was agreed that only in special cases, at the request of the Chairman, would
a Planning Commmissioner attend a Council meeting where an appeal from a Planning Commission
decision is to be heard, as Planning Commissioners already spend many hours without compensation
serving the citizens of San Rafael.
Planning Commissioner Lund objected to the way the Council was overturning Planning Commission
decisions relating to the Sign Ordinance, such as in the French Quarter. Acting Mayor Jensen
stated that the Council was trying to enhance the sales tax base thereby allowing a variance for
a sign during the first year of business, as was the case with Gia Weston. This would encourage
business at that location.
Commissioner Smith discussed the fact that the Planning Commission must uphold the Sign Ordinance
requirement, while the Council must deal with the political aspects of a decision as well.
Planning Commission Chairman Norman requested a closer relationship between the Council and the
Planning Commission and asked the Council to keep the Planning Commission better informed.
Councilmember Frugoli stated that perhaps the Sign Ordinance should be looked at, as well as
building regulations within the Public Works Department, to see if any changes could be made,
considering the economics of today. City Manager advised Council and Planning Commission that
staff is preparing a report on the City's community development procedures. The report will be
presented shortly.
Commissioner Boro asked for more joint meetings throughout the year. Councilmember Miskimen
stated that he relies on Planning Director Moore to convey to the Council the Planning Commis-
sion's decisions and commended her for a job well done.
The meeting adjourned at 9:00 PM.
"EANNE M. LEONCINI, City Clerk
APPROVED THIS /2
OF THE
OF SAN RAFAEL
*** *** max*
In the Council Chambers of the City of San Rafael, Monday, December 7, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
1. PRESENTATION TO CITY COUNCIL OF CHECK FROM KIWANIS CLUB AND NATIVE SONS OF THE GOLDEN WEST,
FOR 1981 TOWN PICNIC AND PARADE (CM) - File 11-22
Council accepted a check in amount of $700.00 as a refund of a portion of the City's contri-
bution toward the 1981 Town Picnic and Parade which was in the form of Police, Fire and
Public Works services. The presentation was made by Frank Tallarida, President of the
Kiwanis Club and Rich Ronsheimer, President of the Native Sons Mt. Tamalpais Parlor.
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
2. Approval of Minutes of Special Meetings
of November 10 and 18, and Regular
Meeting of November 16, 1981 (CC)
3. Request for Approval of 1982 Town
Picnic and Parade (CM) - File 11-22
4. Request for Approval of Expenditure
from J. Harold Dollar Memorial Trust
Fund (Rec) - File 8-19
5. Request for Approval of Resolution
Authorizing Submittal of Grant
Request for Roberti-Z'Berg Urban
Open Space and Recreation Program
(Rec) - File 9-3-65
7. Project Cost Report - Earthwork,
Trench Excavation and Backfill
Project (Adjacent to San Quentin
Dump) (PW) - File 4-1-310
8. Request for Approval to Close
Library at 5:00 PM on December 24
(Christmas Eve) and December 31, 1981
(New Year's Eve) (Lib) - File 9-3-61
9. Extension of Time - Northgate East
Phase 3 (PW) - File 5-1-220
11. Statement of Disclosure - Council -
member Gary R. Frugoli (CC) -
Fila 4-d-9
12. Claims for Damages: (PD)
a. Larry B. Garber - File 3-1-591
b. Margaret D. Jones - File 3-1-593
113. Status Report on Las Gallinas Valley
Sanitary District Moratorium on Sewer
Hookups (CM) - File 189
Recommended Action
Approved as submitted.
Approved in concept, with tentative date
of Sunday, July 11, 1982. Staff will
provide cost figures at a later date.
RESOLUTION NO. 6216 - AUTHORIZING
APPROPRIATION OF FUNDS FROM THE J.
HAROLD DOLLAR MEMORIAL TRUST FUND ($6,000
for refinishing floors and purchasing
carpeting for first floor at Falkirk
Community Cultural Center)
RESOLUTION NO. 6217 - APPROVING APPLICA-
TION FOR GRANT FUNDS UNDER ROBERTI-Z'BERG
URBAN OPEN SPACE AND RECREATION PROGRAM
FOR THE ALBERT PARK RENOVATION PROJECT
Accepted report. Final cost to be
$19,866, paid from East San Rafael
Drainage Assessment District No. 1
residual funds.
Approved staff recommendation to close
Library at 5:00 PM on Christmas Eve and
New Year's Eve.
RESOLUTION NO. 6218 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENTS, NORTHGATE
EAST DEVELOPMENT, PHASE 3 (To & including
December 3, 1982)
Accepted report.
Approved R. L. Kautz Co. recommendations
for denial of claims.
Authorized Mayor to sign letter as recom-
mended, to be submitted to Sacramento
Office of Regional Water Quality Control
Board, endorsing Las Gallinas Valley
Sanitary District reclamation plan, and
asking that matter be resolved in near
future so the moratorium can be lifted.
237
PTJ
N
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
None
None
REPORT ON RESULTS OF LOAD TESTING OF PARKING STRUCTURES AT FIFTH AVENUE AND "C"
THIRD STREET OOESPACE P -Fi e -- 2-1-19
Mulryan received assurance from staff that the necessary signs will be ins
the structures.
Council authorized three informal bids, not to exceed $5,000, to proceed with th
program as outlined by Mr. Robert Copple. Council noted that Parking District f_..__ ..... __
utilized.
10. STREET NAME CHANGE (P81-5), THE ENTIRETY OF CLINTON COURT TO PLUM TREE LANE (P1) - File 11-2
Councilmember Jensen asked if there were any objections from anyone in the area, or in the
audience, to the proposed name change. There being no objections, Councilmember Jensen
moved and Councilmember Miskimen seconded, to approve the changing of Clinton Court to Plum
Tree Lane.
RESOLUTION NO. 6219 - AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF
SAN RAFAEL IN CONNECTION WITH THE RENAMING OF CLINTON COURT TO PLUM
TREE LANE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - REZONING (81-17), FROM: "U" (UNCLASSIFIED) DISTRICT, TO: P -C (PLANNED
COMMUNITY) DISTRICT; 0 WELLBROCK HEIGHTS DRIVE, AP 175-060-44'; APPLICANTS, KAISER
FOUNDATION A A R A 0 : T0 ZONE
PROPERTY FOR DEVELOPMENT OF NEW ALDERSGATE METHODIST CHURCH P - File 10-3
Mayor Mulryan opened the public hearing, stating that he reversed the order of Items 14 and
15 on the agenda, due to the sequence of actions to be taken.
Planning Director Moore informed the Council that the proposal is for Aldersgate Methodist
Church to build a new church at 50 Wellbrock Heights Drive, with a 100 car parking lot. The
neighbors are concerned regarding traffic, and also the possibility of a different use of
the property in the future. Mrs. Moore stated that a four-way stop sign at Trellis and
Wellbrock will mitigate neighborhood concerns regarding traffic, and that Condition 'a'
assures that the property would be subject to application for the Use Permit and would have
to again go before the Planning Commission if a different use is desired for the property in
the future.
The property in question is presently owned by Kaiser Hospital, and they are desirous of
completing a trade whereby they would take over the Aldersgate Methodist Church property at
220 Nova Albion Way for expansion of the hospital facility.
Milton Chambers, architect for Aldersgate Methodist Church and Kaiser Hospital, stated that
he agrees with all present conditions, and added that in connection with another concern of
residents, Kaiser Hospital has no plan for development of any part of the hillside in the
area in question.
Elaine Bertolina of 137 Trellis Drive, asked that the land remain in R -1-B-1 zoning and that
the City assure that the land is used for church purposes only. Mrs. Moore stated that the
P -C (Planned Community) designation is more of a protection against other future uses for
the land since no other use could be made of the site without application to the Planning
Commission.
Mayor Mulryan asked about the possibility of another access, and Mrs. Moore replied that one
condition of approval is that the access be only for the church and that no other access
will be permitted.
Pierre Stuck of 8 Wellbrock Heights Drive asked about access to the church by foot, from the
upper Kaiser parking lot, but was informed by Mrs. Moore that the slope is too great.
f
There being no further public input the public hearing was closed.
Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
Adopted by Reference by Section 14.15.020 of Municipal Code of San Rafael, California, so as
to Reclassify Certain Real Property from "U" (Unclassified) District to P -C (Planned Com-
munity) District (50 Wellbrock Heights), and numbering Charter Ordinance No. 1418, was read,
introduced and ordered passed to print by the following vote, to wit:
25
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - REZONING (Z81-25), FROM: R -1-B-1 (SINGLE FAMILY RESIDENTIAL, MINIMUM BUILD-
ING SITE AREA 7,500SQ. FT.) DISTRICT, T0: P -C PLANNED COMMUNITY DISTRICT; 220 NOVA ALBION
WAY, AP 175-060-41; APPLICANTS, KAISER FOUNDATION HOSPITAL ALDERSGATE METHODIST CHURCH;
MILTON CHAMBERS, REP. P1 - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input the public
hearing was closed.
Councilmember Miskimen moved and Councilmember Frugoli seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California,
so as to Reclassify Certain Real Property from R -1-B-1 (Single Family Residential, 7,500
square foot minimum) District to P -C (Planned Community) District (220 Nova Albion Way), and
numbering Charter Ordinance No. 1419, was read, introduced and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. APPEAL OF PLANNING COMMISSION DECISION-SR81-56 - SIGN ADJUSTMENT TO ALLOW SIGN ON SIDE OF
BUILDING, SOFABED CONSPIRACY"; 811 FRANCISCO BLVD.; HERBERT CROCKER, OWNER; KENNETH SCHMIER,
REP.; AP 8-091-02 P1 - File 10-11
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council, stating that the appellant qualifies for a 70
square foot sign based upon a 45 foot building frontage, and is requesting a sign adjustment
to allow a 66 square foot wall sign on the side of the building in addition to a 70 square
foot wall sign facing Francisco Boulevard. Only the sign facing Francisco Boulevard was
approved and has been installed, but the Planning Commission could not make findings necessary
to allow an adjustment pursuant to the sign ordinance.
Kenneth Schmier, representing Sofabed Conspiracy, stated that he felt a tasteful sign on the
side of the building would be more attractive than a large mass of beige paint, and that the
additional lighting would be an asset to his parking area which is on that side of the
building. He urged the Council to overturn the Planning Commission denial.
There being no further input the public hearing was closed.
After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to deny the
appeal and uphold the Planning Comission denial.
RESOLUTION NO. 6220 - UPHOLDING THE PLANNING COMMISSION DENIAL OF A SIGN ADJUSTMENT TO ALLOW
A 66 SQ. FT. SIGN FOR SOFABED CONSPIRACY AT 811 FRANCISCO BOULEVARD
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PERSONS WISHING TO ADDRESS COUNCIL - File 9-2-29
Ms. Jaki Sales of Contempo Marin Mobile Home Park presented a petition from approximately
300 residents of Contempo Marin, protesting rent increases of over 10%, effective
February 1, 1982. City Manager Beyer was asked to see that the Mobile Home Park Advisory
Committee meets as soon possible to address the issue.
17. FINAL ADOPTION - ORDINANCE NO. 1417 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ADOPTED BY REFERENCE BY SECTION 14.1 .020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO P -D PLANNED
DEVELOPMENT DISTRICT End of Andersen Drive P - File 10-3
CHARTER ORDINANCE NO. 1417 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California,
so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned
Development) District (End of Andersen Drive), was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
26
18. REQUEST FOR CLARIFICATION OF STIPULATED AGREEMENT RE PROPERTY IN EAST SAN RAFAEL (FRED
i I e77-33
Assistant City Attorney Bullard summarized the matter for the Council, stating that subs
quent to the execution by both parties of a settlement agreement in the litigation of Fr
Grange vs City of San Rafael, and following the lack of performance of any conditions of
said agreement, Mr. Grange, through his attorney, has submitted a request for clarification
of the settlement agreement, enumerating specific points upon which he desires Council
action. In staff's view certain points are a matter of Council determination; one important
point, however, staff feels remains legally questionable and would appear too legally
impermissable for Council action.
Staff is recommending that they be authorized to grant a conditional Certificate of Compli-
ance as requested by Mr. Grange conditioned upon dedication of a forty-five foot strip of
land as a levee which shall be improved to specifications and standards set by the City
Engineer; and, further, that City require the levee be dedicated and the improvements be
made at the time of the granting of a building permit. Staff also recommended that the
Council decline to declare, as a matter of policy or otherwise, that the forty-five foot
levee is the sum total for now and for the future that the City or any other responsible or
lead agency can reasonably or legally exact as open space, environmental mitigation, health
and safety guarantees, park purposes or any other purposes within the resonable police power
of the City.
Attorney Scott Keene, representing Mr. Grange, informed the Council that he agrees with most
of the language except for the reference to park purposes.
After discussion the Council agreed that Mr. Bullard and Mr. Keene should go over the
wording of the draft agreement, and bring it back to the December 21st meeting for the
Council to ratify.
Supervisor Robert Roumiguiere addressed the Council at this point, stating that their handling of
the Grange matter will help the County's mitigation plan. He then complimented the City staff on
their outstanding performance in the disaster drill which was held on December 3rd. (File 13-11)
(Councilmember Jensen left meeting)
19. PRESENTATION ON DRAFT COUNTYWIDE PLAN (P1) - File 191
Planning Director Moore informed the Council that the Countywide Plan has been revised
considerably during the past two years as a result of the work of the Countywide Plan
Advisory Committee, and that the Planning Commission at its November 24th meeting reviewed
the draft and forwarded a favorable recommendation to the City Council.
Marjorie Macris, Marin County Planning Director, informed the Council that the present Plan
is supportive of the cities' land use goals and in no way will the adoption by the Board of
Supervisors affect the cities' right to their own land use. She also mentioned that there
is an attempt being made to move the matter of the HOV lane upward on the CalTrans list,
which would be a benefit to the entire County.
Councilmember Miskimen stated he was opposed to the plan because he objected to the continua-
tion of the strict density limits in West Marin.
Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the proposed
Resolution endorsing the draft and forward it to the Board of Supervisors.
RESOLUTION NO. 6221 - ENDORSING THE DRAFT 1981 MARIN COUNTYWIDE PLAN
AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: Jensen
Staff was asked to monitor the County's review of the Plan, to insure the City's best
interests in the final adopted version.
20. STATUS REPORTS AND RECOMMENDATIONS FOR FUNDING: (CM)
a. Major Crimes Task Force - File 4-10-114
Council reviewed a staff report, recommending that the City Council authorize the allocation
of $16,765 for the Major Crimes Task Force through June 30, 1982. If this is not done, the
activities of the Task Force would terminate on December 31, 1981. Within the next six
months the cities and the County will determine if full funding is warranted in the 1982/83
fiscal year.
Councilmember Breiner moved and Councilmember Miskimen seconded, to authorize the allocation
of $16,765 to fund the Major Crimes Task Force through June 30, 1982.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
ABSTAINED:COUNCILMEMBERS: Frugoli, due to possible conflict of interest.
(Councilmember Jensen returned)
b. Youth Services Bureau Funding - File 4-10-115
Staff recommended an allocation of $14,000 to fund the Youth Services Bureau through the
present fiscal year, to June 30, 1982. This would allow the new Police Chief to evaluate
the operations of the Youth Services Bureau, and also the Major Crimes Task Force, in
relation to continued local funding in future years.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve allocation of
$14,000 to fund the Youth Services Bureau through the end of this fiscal year (June 30,
1982).
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT FROM POLICE ADVISORY COMMISSION RE EDUCATIONAL REQUIREMENTS FOR SAN RAFAEL POLICE
OFFICERS, ENTRY AND PROMOTION PD - Fi e 9-2-2
Council considered the report from the Police Advisory Commission, and then requested that
the Commission continue to study the subject and report back in approximately sixty to
ninety days.
22. REPORT FROM CITY MANAGER RE DEVELOPMENT REVIEW PROCESS (CM) - File 10-2
City Manager Beyer informed the Council that, since the development review process has been
a subject of discussion, not only locally but throughout the State, he is recommending that
the Council give consideration to forming a review of the City's administrative procedures
which would involve, in addition to staff and elected and appointed officials, representa-
tives of the Chamber of Commerce, Builders' Exchange, and local architects and engineers.
Background material on the subject was also furnished.
After discussion it was agreed that staff should proceed as recommended and that Mayor
Mulryan and Councilmember Jensen would work with the review group.
23. REQUEST TO DECLARE CITY LAND SURPLUS FOR PURCHASE - EAST SAN RAFAEL DRAINAGE ASSESSMENT
DISTRICT NO. 2 PW - File 2-10
Public Works Director Bernardi informed the Council that Fred Grange has offered to purchase
a 2,200 square foot portion of City property adjacent to the City's drainage pond in the
East San Rafael Drainage Assessment District No. 2. Because of the possible future mitiga-
tion potential for this property, staff recommended that the City retain the property. Mr.
Grange had made an offer previously on this property and the offer had been refused for the
same reason.
Councilmember Breiner moved and Councilmember Frugoli seconded, to accept staff recommenda-
tion that the City retain the property in question.
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. AWARD OF BIDS: (GS) - File 4-2-162
a. Three Truck Cab & Chassis
b. Three Dump Bodies
Frugoli, Jensen, Miskimen & Mayor Mulryan
(Councilmember Miskimen left meeting)
27
RESOLUTION NO. 6222 - AUTHORIZING THE PURCHASE OF THREE CAB & CHASSIS AND THREE DUMP BODIES
FOR THE PARKS DIVISION UTILIZING EQUIPMENT REPLACEMENT FUNDS (ISI, Inc.
of San Rafael, low bidder for one cab & chassis, $13,654.99; Steve
Zappetini & Sons of San Rafael, low bidder for one dump unit, $5,138.00;
Campbell Bishop Chevrolet of Corte Madera, low bidder for two cab &
chassis, $21,088.68; and Dailey Body Co. of Oakland, low bidder for
two yard master dump units, $5,533.20)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
25. EXCESS WORKERS' COMPENSATION INSURANCE COVERAGE (Fin) - File 9-6-3
RESOLUTION NO. 6223 - AWARDING WORKERS' COMPENSATION INSURANCE FOR 1982 (To Old Republic
Insurance Co., low bid of 24.1¢ per $100 payroll)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
HN
Finance Director Coleman was asked by the Council to consider increasing the liability limit
by consolidating with other cities or small, semi -related government agencies such as
sanitation districts.
(Councilmember Frugoli left meeting)
26. COMMUNICATION FROM CALTRANS RE ABANDONMENT OF PORTION OF NORTHWESTRN PACIFIC RAILROAD COMPANY
LINE SOUTH OF BELLAM BLVD. CM - File 11
Assistant City Manager Meador informed the Council that the City has been notified that
Northwestern Pacific Railroad is requesting abandonment of its rail line south of Bellam
Boulevard. The only user of this section of the line is Handi-Cup of Corte Madera, but
they have not received service since November of 1980 when Northwestern Pacific placed an
embargo on the line due to safety reasons.
Staff is recommending that the Council authorize Mayor Mulryan to write to the Interstate
Commerce Commission protesting the abandonment until the property can be transferred to a
public agency for the purpose of public transportation.
Councilmember Breiner moved and Councilmember Jensen seconded, to approve staff recommenda-
tion that Mayor Mulryan address a letter to the Interstate Commerce Commission protesting
the abandonment until the property can be transferred to a public agency.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
27. COMMUNICATION FROM CANAL COMMUNITY PROJECT REQUESTING COUNCIL REPRESENTATIVE TO SERVE ON
LIAISON COMMITTEE Rec - Fi e 9-1 x 203
Recreation Director Jauch informed the Council that the Canal Community Project have requested
Council representation on their Liaison Committee. The intent is to develop better communi-
cation between the City Council, City staff, and the Canal Community Project Board of
Directors and their staff.
Councilmember Jensen moved and Councilmember Miskimen seconded, to appoint Councilmember
Frugoli as Council representative on the Liaison Committee.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
28. PLANNING COMMISSION REQUEST FOR CLARIFICATION TO INCLUDE MIXED USE PROJECT ON MISSION AND "B"
STREETS PROPOSED MAYER BUILDING P1 - M-67-0-2
0-2
Council discussed a staff report regarding a proposal for the Mayer Office Building at
Mission and "B" streets, which is an R-3 District. Council agreed that they should not, in
this instance, encourage a mix of housing units.
(Councilmember Frugoli returned)
29. REQUEST TO REAFFIRM CITY'S POSITION TO SUPPORT THE AUTO RIDE CONCEPT - A DEMAND -RESPONSIVE
TRANSPORTATION SYSTEM FOR SAN RAAE A NCO - File9-3-40
Mayor Mulryan stated that he had this subject agendized in order to designate San Rafael as
the core city for the transportation system, and that he would like to ask Traffic Engineer
Gerth to work on the project.
Councilmember Jensen moved and Councilmember Breiner seconded, to designate San Rafael as
the core city for the transportation system.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
30. CONTINUED DISCUSSION RE MEDICAL INSURANCE FOR RETIREES - File 7-9
Councilmember Jensen announced that he had the subject researched because he was concerned
that some employees who retired some years ago were not receiving the benefits to which they
are entitiled. However, Finance Director Coleman explained the status of retired Police
Officer Art Fellows and retired Fire Department Battalion Chief Francis Rodgers, who were
over the age of 65 when the Council adopted the policy for retirees and are ineligible for
coverage; and the status of Art Worthington who retired from the Police Department and is
covered by the City's group insurance policy. The Council was satisfied with the explanation.
ADD ITEMS
FIRST ANNUAL RECYCLING FESTIVAL - File 104
Councilmember Breiner called attention to a letter from the Marin County Board of Supervi-
sors, announcing Marin's "First Annual Recycling Festival" which is scheduled for December
12, 1981 from 10 AM to 4 PM at the Marin Recycling Center on Jacoby Street.
29
Councilmember Breiner moved and Councilmember Miskimen seconded, to ask staff to prepare a
proclamation in honor of the event.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
II RESOLUTION OF APPRECIATION - ANN BATMAN - File 102 x 9-2-24
Councilmember Breiner suggested that a Resolution of Appreciation be adopted for Cultural
Affairs Commissioner Ann Batman, who coordinated the volunteers, decorators, florists, and
members of Marin Heritage and the Cultural Affairs Service League to prepare "Christmas at
Falkirk".
RESOLUTION NO. 6224 - RESOLUTION OF APPRECIATION (To Ann Batman)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
III RESOLUTION RE POLICE CHIEF COMPENSATION (Pers) - File 7-3 x 9-3-30
RESOLUTION NO. 6225 - AMENDING RESOLUTION NO. 5930 PERTAINING TO THE COMPENSATION FOR MANAGE-
MENT AND UNCLASSIFIED EMPLOYEES (Police Chief, effective December 15,
19 81)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CLOSED SESSION
31. Council met in closed session to discuss pending litigation. Council then reconvened in
public and took the following actions:
a. Councilmember Miskimen moved and Councilmember Jensen seconded, to direct staff to meet
with the legal representatives of the Third Street group to try to work out a compromise
to effect a test period of returned parking on the south side of Third Street; compromise
plan to be brought back to the Council for its ratification before notifying Judge Peter
Allen Smith that we have worked out a compromise.
AYES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen
NOES: COUNCILMEMBERS: Breiner & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
b. Directed staff to solicit proposals for a compensation analysis for management personnel.
The City Council then adjourned to their next regular meeting on Monday, December 31, 1981.
)j
N&0-7�4 -
E NE M. LEONCINI, City Clerk
APPROVED THIS A /` `DAY OF 1981
0 HE CITY OF SAN RAFAEL
*** *** *** *** max* *** max*
In the Council Chambers of the City of San Rafael, Monday, December 21, 1981, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency Member
Gary R. Frugoli, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
30
Also Present:
PUBLIC HEARING
Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
RE: DISPOSAL OF REAL PROPERTY - VICINITY OF FOURTH AND "A" STREETS (RA) - 140 x R-153
Mayor Mulryan declared the public hearing opened.
Agency Counsel Lee Rosenthal explained the requirement for use of tax increment funds, and
stated that the May property was acquired by that means. He stated that the basic purpose
of this public hearing was to consider whether or not the price for acquisition of the
property by the developer is a reasonable one, and that members of the public can come and
testify whether or not they think the price is fair.
Mayor Mulryan then asked City Manager Beyer if a Disposition and Development Agreement is
ready, and Mr. Beyer replied in the negative, because several issues have come up, particu-
larly with relation to the height of the building. Councilmember Frugoli has indicated he
could not support the project as presented, unless the seventh floor is removed. To do this
would take the architectural and development team another week or so, to look at the trade-
offs. Mr. Beyer mentioned that the project could be approved by three votes, but in view of
the status of the Wells Fargo property, it may be necessary to have four votes if condemna-
tion is required.
Councilmember Frugoli stated that the present plan calls for the building to be 30 feet over
the height limit of 50 feet, which would be spot zoning, and he does not see why one floor
cannot be eliminated.
Mayor Mulryan stated he felt it would be dangerous to tamper with a design in that fashion.
Attorney Albert Bianchi, representing the Stewart/Whisler-Patri group, stated that his
clients are prepared to transform what is essentially an ugly hole in the ground, and that
he cannot respond at this time to the removal of one floor of the building.
Mayor Mulryan asked Mr. Bianchi if he could give a definite answer to the question at the
January 4, 1982 meeting, and he replied in the affirmative.
Councilmember Jensen stated he would like to have Assistant Executive Director (Redevelop-
ment) Ward to work up an estimate of the cost to the Agency for the condemnation process and
acquisition, in dollar amounts.
Councilmember Frugoli stated that from the beginning he has said he did not like the height
of the building, but that he would like to see an attractive development at that site; and
that if one floor is dropped he could probably live with a height close to 70 feet.
Attorney Bianchi stated that as he understands the present situation, the Council/Agency are
not saying they do not like the project, but that it is just the height which is in question.
Councilmember Miskimen stated he also wanted further clarification of the numbers the City
will be exposed to regarding condemnation and settlement costs.
Mayor Mulryan declared the public hearing continued to January 4, 1982.
/� '
City er gencySecretary
APPROVED THIS ISL. DAY OF 19$2,
MAYOR OF THE CITY OF SAN RAFAE AGENCY CHAIRMAN
31
In the Council Chambers of the City of San Rafael, Monday, December 21, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Regular
Meeting of December 7, 1981 (CC)
2. Extension of Building Permit for
625 Grand Avenue (Ferro Property)
(PW) - File R-77
3. Vacancy on Technical Advisory
Committee to Cultural Affairs
Commission (P1) - File 9-2-24
4. Approval of Parcel Map and Agree-
ment - Peacock Gap Neighborhood
One -A (PW) - File 5-1-267
E_
5. Claims for Damages:
a. Charles Cherry -
File 3-1-590 (PD)
b. Frank R. Benaderet -
File 3-1-597
c. John Haviland -
File 3-1-598 (P1)
6. Modifications to Cooperation
Agreement with County of
Marin re Housing & Community
Development Act (CD) - File 147
7. Report on Time Schedule for
Francisco Blvd. East Assess-
ment District (PW) - File 6-34
8. Status Report on ABAG AB 2853
Housing Needs Report (P1) -
File 111
9. Approval to Host Redwood Empire
Division, League of California
Cities, March 1982 Meeting (CM) -
Fi1P Q-11-1
10. Clarification of Stipulated
Agreement re Grange Property
in East San Rafael (CA) -
Fi1P R -2 -IR
Recommended Action
Approved as submitted.
No action taken, since item on SRRA
agenda was continued to January 4, 1982.
Approved staff recommendation to call for
applications to fill vacancy. Deadline
for applications 12 Noon on 1/13/82,
Special Meeting 7:15 PM, 1/18/82 for
applicant interviews.
RESOLUTION NO. 6226 - APPROVING PARCEL
MAP OF SUBDIVISION ENTITLED, "PEACOCK
GAP NEIGHBORHOOD ONE -A"
Approved R.L. Kautz recommendations for
denial of claims.
RESOLUTION NO. 6227 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREE-
MENT (W/County of Marin, to amend
Cooperation Agreement re Community
Development Block Grant Program)
Accepted report including calendar w/date
of 3/15/82 for final hearing & award of
contract.
Accepted report that projections closely
parallel City's Housing Element figures.
Further report will be submitted in
January 1982.
Approved staff recommendation that City
host the March Quarterly Meeting of the
Redwood Empire Division, League of
California Cities.
RESOLUTION NO. 6228 - AUTHORIZING
SIGNING OF CONTRACT, LEASE OR AGREEMENT
(W/Fred Grange - modification of settle-
ment agreement of 8/6/81)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED:COUNCILMEMBERS: Miskimen, only regarding Item No. 4, due to possible conflict of
interest.
11. PUBLIC HEARING - ABANDONMENT OF ROADWAY EASEMENT, MANZANITA LANE (PW) - File 2-12
Mayor Mulryan declared the public hearing opened and, at request of staff, continued the
hearing to the meeting of January 4, 1982. All necessary documents have not yet been
received from untility companies.
32
12. PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE, TO ADD CHAPTER 15.10 "MERGER OF SUBSTANDAR
LOTS" and AMENDMENT 0 MUNICIPAL CODE TO REVISE SECTION SMA O S A
STRUCTURES ERECTED ON SUCH LOTS NUT CONSIDERED CON 0 ORM NG (Z81-26) - File -FU --F
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the proposed ordinances were prepared
compliance with their direction, and that they would both require negative declaration
resolutions. Assistant City Attorney Bullard stated that they are in exact compliance w
the subdivision Map Act.
John Wolf, a San Rafael resident, stated that the intent of the lot merger ordinance is
very good, but suggested that a minimum lot size be specified and a use permit be required,
to avoid future problems. Planning Director Moore replied that the ordinance as proposed
gives the City better control, and a square footage limit would be considered in specific
cases.
There being no further input, the public hearing was closed.
RESOLUTION NO. 6229 - CERTIFYING THE NEGATIVE DECLARATION FOR THE PROPOSED AMENDMENT (P81-4)
OF TITLE 15, SUBDIVISIONS, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING
CHAPTER 15.10 RELATING TO MERGER OF SUBSTANDARD LOTS
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the San Rafael Municipal Code Title 15
Concerning the Merger of Substandard Lots, and numbering Charter Ordinance No. 1420, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6230 - CERTIFYING THE NEGATIVE DECLARATION FOR THE PROPOSED AMENDMENT
(Z81-26) OF TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY
REVISING SECTION 14.75.090 RELATING TO DEVELOPMENT OF SMALL LOTS
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending Section 14.75.090 of the San Rafael Munici-
pal Code Title 14 Concerning Development of Small Lots, and numbering Charter Ordinance No.
1421, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PERSONS WISHING TO ADDRESS COUNCIL - File 10-5 (Verbal)
City Attorney Duggan addressed the Council on the question of necessity for a use permit for
the St. Vincent de Paul Dining Room. Council agreed to agendize the subject for the January
4, 1982 meeting; therefore, the January 12th hearing before the Planning Commission will be
cancelled.
13. CONSIDERATION OF RENT MEDIATION PROPOSAL (CM) - File 9-2-35
City Manager Beyer presented a staff report which covered various alternatives the City
might use regarding rent mediation. After discussion the Council agreed to continue to use
the County's services for rent mediation.
Coleman Persily, representing the Tenants' Association, urged that the Council reconsider
the fair eviction ordinance which was tabled, since it would give tenants the right to
complain without fear of retribution on the part of the landlords.
Councilmember Breiner stated that she is concerned about mobile home parks in this connec-
tion, and asked that City Manager Beyer obtain a copy of the Westminster mobile home park
regulations so they may be reviewed and determination could be made if similar regulations
would be applicable for San Rafael.
14. REPORT ON EAST SAN RAFAEL TRAFFIC IMPROVEMENTS AND MITIGATION FEES (P1) - File 10-2 x R-189
Council reviewed a staff report from Planning Director Moore, and discussed the methodology
used in determining mitigation fees. It was then agreed to hold a workshop session on the
mitigation fees in January 1982, and attempt to reach a fixed dollar figure for computing
the fees.
33
15. AWARD OF BID - SEVEN POLICE VEHICLES (GS) - File 4-2-163
This item was continued to the meeting of January 4, 1982, so staff could explore the
possibility of the purchase of Dodge cars from the State of California, which would result
in considerable savings.
16. CONTINUED DISCUSSION RE MORATORIUM ON SEWER CONNECTIONS IN LAS GALLINAS VALLEY SANITARY
DISTRICT PW - File 189 x 9-1-2
a.
-67
Report on Subdivisions
After reviewing a joint staff report from Planning Director Moore and Public Works
Director Bernardi regarding how the City should process subdivisions within the Las
Gallinas Valley Sanitary District's boundaries for the duration of the sewer hookup
moratorium, Councilmember Breiner raved and Councilmember Jensen seconded, to approve
tentative maps only with the requirement that sewer hookups be available prior to
approval of final and parcel maps.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Request of Wagstaff & McDonald on Behalf of Bank of America
Council considered a staff report from Public Works Director Bernardi, indicating that
the firm of Wagstaff & McDonald, representing the Bank of America, have requested
exemption from the City's policy with regard to sewer connections. When the bank
applied to the District for a sewer connection they were given an allocation, which they
construed to mean approval, and have proceeded with the Planning process, applied for
building permits, ended the lease arrangements at their present location, advertised for
bids and awarded a contract for construction of the new facility. They later found that
an allocation merely puts them on the waiting list to be approved once the moratorium is
lifted. The bank is now seeking approval for construction of a 4,000 gallon underground
holding tank, to be pumped out by a licensed firm on a weekly basis, so they may include
the sanitation facilities in their new building. Once the moratorium is lifted they
would request hookup to the Las Gallinas Valley Sanitary District system. Meanwhile,
they would be willing to post a cash bond to cover the cost of such an operation.
Mayor Mulryan expressed the opinion that this request could be approved on a one-time basis
and not be precedent setting, due to the unusual circumstances. Councilmember Miskimen
disagreed, feeling that it would be precedent setting.
After further discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to
approve the request from Bank of America, with the conditions as recommended by staff, as
follows: 1) The approval be granted for one year from the date of the issuance of an
occupancy permit; 2) That Bank of America post a $5,000 bond to cover the installation of
sanitary facilities once the moratorium is lifted; 3) Prior to the issuance of a building
permit, copy of signed contract between the bank and an appropriate sewage disposal firm
shall be presented to the City; 4) Bank of America shall post a cash bond to cover the cost
of six months of the sewage disposal contract; 5) That calculations prepared by a registered
civil engineer be submitted to determine the proper size of the holding tank; 6) That all
Health Department regulations be met with regard to holding tanks of this nature; 7) That
this variance be subject to any conditions imposed by the Las Gallinas Valley Sanitary
District; and, further, that this variance be granted because of the unique circumstances
surrounding this project and that this action is not in any way precedent setting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: None
17. FINAL ADOPTION - ORDINANCE NO. 1418 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, A OP ED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAS RA A L,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO
P -C PLANNED COMMUNITY DISTRICT 0 We roc Heights P - Fi e 10-3
CHARTER ORDINANCE NO. 1418 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California,
so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -C (Planned
Community) District (50 Wellbrock Heights), was adopted as an Ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
34
T18. FINAL ADOPTION - ORDINANCE NO. 1419 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14. 5.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-1 SINGLE FAMILY RESIDENTIAL
7,500 SQUARE FOOT MINIMUM DISTRICT 0 P -C PLANNED COMMUNITY) DISTRICT 220 Nova A ion
ay) (P] Fi I e -
CHARTER ORDINANCE NO. 1419 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California,
so as to Reclassify Certain Real Property from R -1-B-1 (Single Family Residential - 7,500
Square Foot Miniumum) District to P -C (Planned Community) District (220 Nova Albion Way),
was adopted as an Ordinance of the City of San Rafael by the following votes, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan -T
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
19. APPEAL FEE AND ORDINANCE REQUIREMENTS FOR CEDAR SPA (PD) - File 9-10-3 x 9-10-2
Council considered a staff report from Police Chief Ingwersen, regarding an issue raised by
James W. Lessner in connection with the interpretation of his premises as a bathhouse and
not a message parlor or public bathhouse. It is staff's recommendation that Mr. Lessner be
required to make formal application to obtain the required Police Department permits, to pay
the fee the same as all other similar establishments, and to comply with the business hours
of operation as outlined in the Municipal Code.
Mr. Lessner objected to his premises being regulated by Section 8.34.020 (1) of the Municipal
Code, since he merely rents the rooms with the hot tubs, and does not perform any additional
service, which takes his operation out of the massage parlor or public bathhouse category.
Mr. Lessner also objected to his hours of operation being restricted to the same hours as
massage parlors. His present hours of operation are 5:00 PM to midnight Tuesday through
Sunday, and to 2:00 AM on Friday and Saturday.
After discussion, Council agreed that Assistant City Attorney Bullard should rework the
massage parlor ordinance to include bathhouses of the type in question as opposed to public
bathhouses. It was also agreed that the present hours of operation can remain the same, and
that the fee should be negotiated.
(Councilmember Jensen returned;
Councilmember Miskimen left meeting)
20. CONTINUATION OF POSITION CLASSIFICATION STUDY (Pers) - File 7-4
Based on a staff report from Assistant to the City Manager/Personnel Luedeman, Councilmember
Breiner moved and Councilmember Frugoli seconded, to approve continuation of the Position
Classification Study to include the remaining nonsafety positions, and to authorize a transfer
of $2,250 from budgeted reserves.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
21. RECOMMENDATION OF CITIZENS' ADVISORY COMMITTEE ON ENERGY RE LIGHT CONSERVATION PROJECT FOR
CITY HA P - File 9-2-34
considered a staff report from Public Works Director Bernardi, outlining the propo-
sals for energy conservation within the City Hall as a result of the survey by the Citizens'
Advisory Committee on Energy. Recommendations include eliminating unnecessary lighting
fixtures and optimizing the efficiency of those fixtures which will remain.
Mr. Bernardi informed the Council that first consideration will be given to the lighting for
clerical employees.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recom-
mendation to authorize implementation of the proposal made by the Citizens' Advisory Commit-
tee on Energy; and that the project be implemented with City forces and be funded from the
existing Building Maintenance Account No. 182220, in an amount not to exceed $9,800.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
22. APPROVAL OF 1982/1983 FEDERAL -AID URBAN PROGRAM (PW) - File 4-10-66
RESOLUTION NO. 6231 - APPROVING THE 1982/83 FIVE-YEAR FEDERAL -AID URBAN PROGRAM AS RECOM-
MENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
35
23. REQUEST FROM CITY ATTORNEY FOR CLARIFICATION RE ABATEMENT OF ILLEGAL UNITS ON "D" STREET (CA)
File -- era
City Attorney Duggan informed the Council that the Planning Department had asked him to
abate three illegal units on "D" Street in the Gerstle Park area but that he hesitated to go
to the courts without having specific instructions from the Council.
Mayor Mulryan informed Mr. Duggan that since there is no staff report for the Council, and
therefore no background information on the matter, it will be agendized for the January 18,
1982 meeting so the Council may have staff's recommendation which will take into considera-
tion the Policy Statement of the recently adopted Housing Element.
Attorney Martin Barrett, representing Lawrence Loder, owner of the property in question,
asked that any civil and criminal actions be stayed until after the hearing on January
18th.
Council agreed, and also stated that public testimony will be received at the January 18th
meeting.
ADD ITEM
REPORT OF DEVELOPMENT REVIEW COMMITTEE - File 9-1 (Verbal)
Mayor Mulryan gave a brief report of the Development Review Committee, which has reviewed a
proposal for use of a portion of the Quail Hill property for a "Tamalpais" type care facility
which would result in less mitigation. The Committee was favorably impressed, but directed
that the discussion be agendized for the January 4, 1982 meeting since a number of other
proposals for the property have been received by the Planning Department.
CLOSED SESSION
24. Closed Session to discuss pending litigation.
The City Council adjourned to their next regular meeting on Monday, January 4, 1982.
A NE M. LEONCIN , City Clerk
APPROVED THIS /8n DAY OF 198
MA OR OF HEC �DF5NAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 4, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Absent: Dorothy L. Breiner, Councilmember/Agency Member
Gary R. Frugoli, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary
Mayor/Agency Chairman Mulryan opened the meeting and continued it to Monday, January 18, 1982,
because of emergency conditions due to the storm.
JEANNE V1 DbUNCINI, City C e Agency Secretary
APPROVED THIS t� DAY OF 1982
14AYOR OF THE CITY OF SAN RAFAtCYAGENCY CHAIRMAN
*** *** *** *** *** *** *** ***
36
In the Council Chambers of the City of San Rafael, Monday, January 4, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Absent: Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk
Mayor Mulryan opened the meeting and continued it to Monday, January 18, 1982, because of emer-
gency conditions due to the storm.
tANNE M. LEONCIN , City C I er
APPROVED THIS tSfG DAY OF 1982
SYtOR OF THE CITY OF SAN AFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 18, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency Member
Gary R. Frugoli, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Also Present: Robert F. Beyer, City Manager/Executive Director
Jeanne M. Leoncini, City Clerk/Agency Secretary
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
RE: DISPOSAL OF REAL PROPERTY - VICINITY OF FOURTH AND "A" STREETS (RA) - File 140 x R-153
1. Redevelopment Agency
Chairman Mulryan declared the public hearing opened.
Agency heard from attorney Lee Rosenthal, Agency Counsel, regarding the terms of
the Disposition & Development Agreement. He stated that the amount to be paid for
parking in the proposed parking structure at Third and "A" Streets is to be negoti-
ated between staff and the developer, and the developer is to provide firm figures
on construction cost funding.
Attorney Albert Bianchi, representing Stewart/Whisler-Patri, stated they will be
happy to open their books for inspection and to negotiate the cost of the parking
across the street, and are willing to sign the Disposition & Development Agreement
subject to those terms.
Attorney Donald Dana, counsel for Wells Fago Bank, expressed concern regarding the
taking away of parking spaces. Assistant Executive Director Ward explained that
with the new plan, a copy of which was displayed in the Council Chambers, the
taking of spaces would be minimized. It was agreed Mr. Ward would confer with Mr.
Dana on this subject.
Branwell Fanning, representing the Bromac group, whose proposal for development of
the property was second choice, stated that they are ready and willing to proceed
with their project if given approval, without any delay.
Thomas O'Toole, business owner on Third Street, asked the Agency to consider what
is best for the taxpayer when making their decision.
There being no further public input the public hearing was closed.
37
Chairman Mulryan called for a staff recommendation, and attorney Rosenthal recom-
mended that the Disposition and Development Agreement be approved subject to three
conditions: 1) That the Agreement is substantially the same form as the draft
being proposed; 2) That the Executive Director is satisfied that substantial
agreement has been reached regarding payment for parking; and 3) That the Executive
Director is satisfied that the Stewart/Whisler-Patri figures for the cost of
construction are accurate.
RESOLUTION NO. 81-1 - RESOLUTION AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION
AND DEVELOPMENT AGREEMENT WITH STEWART/WHISLER-PATRI (Fourth
& "A" Streets development)
AYES: MEMBERS: Breiner, Frugoli, Miskimen & Chairman Mulryan
NOES: MEMBERS: Jensen
ABSENT: MEMBERS: None
Member Breiner moved and Member Miskimen seconded, to approve the Dispostion and
Development Agreement, subject to the three conditions outlined by Agency Counsel
Rosenthal.
RESOLUTION NO. 81-2 - RESOLUTION APPROVING COMPLIANCE WITH SECTION 33433 OF THE
HEALTH & SAFETY CODE AND APPROVING DISPOSITION AND DEVELOP-
MENT AGREEMENT WITH STEWART/WHISLER-PATRI (Fourth and "A"
Streets development)
AYES: MEMBERS: Breiner,
NOES: MEMBERS: Jensen
ABSENT: MEMBERS: None
2. City Council
Frugoli, Miskimen & Chairman Mulryan
RESOLUTION NO. 6232 - DETERMI14ING AGENCY COMPLIANCE WITH SECTION 33433 OF THE
CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO STEWART/
WHISLER-PATRI, AS SOLE PROPRIETORS (Fourth & "A" Streets
development)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
The Council/Agency meeting adjourned.
EA NE M. LEONCI I
City Clerk/Agency Secretary
APPROVED THIS st DAY OF1982
MAYOR OF �THEITY 0 SAN R AEL
AGENCY CHAIRMAN
*** *** *** *** *** *** max* ***
I
In the Council Chambers of the City of San Rafael, Monday, January 18, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
ME
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special
Joint Meetings of December 1, 1981
with Planning Commission and
December 21, 1981 & January 4, 1982
with Redevelopment Agency, and
Regular Meetings of December 21,
1981 and January 4, 1982 (CC)
2. Change of Meeting Date Due to
Washington's Birthday, to
February 16, 1982 (CC) -
File 9-1
3. Abandonment of Three Levee
Maintenance Easements - Water's
Edge Condominium (Canal Street)
(PW) - File 2-5-9
6. Acceptance of $3,120 Grant from
Marin Charitable Association to
the Recreation Department (Rec) -
File 9-3-65
7. Extension of Building Permit
for 625 Grand Avenue (Ferro
Property) (PW) -
File 140 x R-77
9. Report on Crime Statistics (PD) -
File 9-3-30
10. Recommendation to Dissolve the
Marks -Foran Residential Rehabili-
tation Loan Program Citizens
Advisory Committee (CM) -
File 9-2-30
11. Resolution Ratifying Council Action
Awarding Liability and Comprehensive
Insurance for year 1982 (Fin) -
File 9-6-1
12. Grant of Access Easement -
809 Irwin Street (Kuykendall,
Woodson & Chatham) (PW) -
File 2-5 x R-46
13. Joint City/County Study for North
San Rafael (P1) - File 191
14. Report on Cost of General Municipal
Election held November 3, 1981 (CC) -
File 9-4
Recommended Action
Approved as submitted.
Approved staff recommendation to hold
meeting on Tuesday, February 16, 1982.
RESOLUTION NO. 6233 - RESOLUTION OF
INTENTION TO VACATE VARIOUS EASEMENTS
(And set public hearing for February 16,
1982)
RESOLUTION NO. 6234 - AUTHORIZING
ACCEPTANCE OF A GRANT FROM MARIN
CHARITABLE ASSOCIATION TO PURCHASE
GYMNASTIC AND MOTOR DEVELOPMENT EQUIPMENT
FOR DAY CARE CENTER
No action taken at this time, pending
resolution by Redevelopment Agency of
financing problem with developer.
Accepted report, indicating decline
in crime rate.
Approved staff recommendation. Mayor
to sign letters of appreciation to
each member. Council reserves right
to reconstitute the Committee if bond
market is later found to be favorable.
RESOLUTION NO. 6235 - RATIFYING ACTION
TAKEN BY CITY COUNCIL AWARDING LIABILITY
AND COMPREHENSIVE INSURANCE FOR YEAR 1982
(Action taken 1/4/82, award to Marsh &
McLennan, low bid of $55,758)
RESOLUTION NO. 6236 - ACCEPTING GRANT OF
EASEMENT FOR PUBLIC INGRESS AND EGRESS
ACROSS PRIVATE SIDEWALK AT 809 IRWIN
STREET
Approved staff recommendation that a
Joint Powers Agreement be developed by
City/County staffs re Study.
Accepted report indicating that cost
of November 3, 1981 election was
$7,701.95.
15. Interviews of Applicants for Approved staff recommendation to set
Technical Advisory Committee to interview time for 7:15 PM, February 1,
Cultural Affairs Commission (CC) - 1982, for the three applicants.
File 9-2-24
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulry an
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. ABANDONMENT OF DRAINAGE EASEMENT - EAST SAN RAFAEL, AP 9-290-31 (HASKELL NORMAN) (PW) -
File 2-12
Councilmember Breiner stated that she asked that this item be removed from the consent
calendar for discussion, since she feels the recommended action is premature at this point,
since the East San Rafael EIR is still being discussed, and the area in question is still a
seasonal wetland.
39
Councilmember Breiner then moved that nothing be done on this matter until the entire East
San Rafael EIR has been resolved. There being no second, the motion died.
Public Works Director Bernardi explained that there appears to be no further value or use
associated with the drainage easement due to drainage improvements in the area and the
recent abandonment of the southerly contiguous portion of the easement which crossed the
Grange property.
After discussion, Councilmember Jensen moved and Councilmember Miskimen seconded, to adopt
the Resolution indicating intention to vacate the easement.
RESOLUTION NO. 6237 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS (And set public
hearing for February 16, 1982)
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
5. REPORT ON LEASE WITH SAN RAFAEL YACHT CLUB (RA) - File 2-8-11
Council considered a staff report indicating that the San Rafael Yacht Club lease is due to
expire March 31, 1982. Staff recommended that the yacht club be given the first opportunity
to negotiate a new lease with the City.
Council discussed the possible rental fee, and Councilmember Jensen expressed the opinion
that it would be unfair to continue raising the rent, which is presently $325.00 per month.
Mayor Mulryan remarked that this is far under market value.
Council agreed to accept staff recommendation.
8. LETTERS TO SPECIAL DISTRICTS ENCOURAGING WAIVER/REDUCTION OF FEES FOR LOW AND MODERATE INCOME
HOUSING PROJECTS P - File 151
Council reviewed a recommendation by Planning Director Moore that letters be addressed, over
Mayor Mulryan's signature, to the Marin Municipal Water District, Las Gallinas Valley
Sanitary District, and San Rafael Sanitation District, encouraging them to establish a
formal policy of fee waivers or reductions for lower income housing if their regulations so
allow. This is in line with the City's recently adopted Housing Element wherein the City
has adopted such a policy.
Councilmember Miskimen remarked that both the San Rafael Sanitation District and the Las
Gallinas Valley Sanitary District are under Federal grants and therefore cannot make excep-
tions or waivers.
Councilmember Breiner moved and Councilmember Miskimen seconded, to modify the staff
recommendation and send the letter only to the Marin Municipal Water District recommending
waiver or reduction in fees for lower income housing.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - ABANDONMENT OF MANZANITA LANE ROADWAY (PW) - File 2-12
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi informed the Council that the street in question is a "paper
street" and is not necessary for use as any type of publc thoroughfare. The utility compan-
ies have expressed no objections to the abandonment.
John Stuber of Pacific Coast Holding, owners of the property stated that his company has no
objection to the abandonment of Manzanita Lane roadway.
There being no further input the public hearing was closed.
RESOLUTION NO. 6238 - ORDERING VACATION OF MANZANITA LANE, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC TIME
F1 e 26 x 205
Perry Haris of 361 Mountain View Avenue addressed the Council in behalf of Mrs. Susan Gocher
of 358 Mountain View Avenue, whose property was inundated by mud from a slide during the
storm early in the month. His question was where does the City's responsibility lie in such
a case, when the slide came from City -owned open space. He further stated that Mrs. Gocher
is not able to pay to have the mud removed.
Dr. Jerald Young who resides at 310 Mountain View Avenue stated he would like to know
City's plans for the future regarding the unstable areas in the adjacent open space,
he is aware of a number of potential slides in the upper areas of the open space.
Mayor Mulryan stated that there is a legal question about going onto private property.
Assistant City Attorney Bullard informed the Council that if a situation is going to cause
further damage to other property the City can take action and bill the property owner.
Councilmember Breiner stated she hoped staff would take preventive measures wherever possible.
Mayor Mulryan suggested that the property owners who expressed their concerns contact Mr.
Bullard, who would advise them with regard to their particular problems.
30. CONSIDERATION OF REQUEST BY ECUMENICAL ASSOCIATION FOR HOUSING TO PROVIDE STAFF SUPPORT AND
SOME FUNDS IN ASSISTING IN APPLICATION TO SAN FRANCISCO FOUNDATION FOR AFFORDABLE HOUSING
FOR YOUNG FAMILIES, SENIOR CITIZENS AND HANDICAPPED PERSONS - File 204
Mayor Mulryan asked that this item be taken up because of hardship to the people who had
come to the meeting for this item, and he did not think they should have to wait any longer.
The Council agreed.
Mayor Mulryan informed the Council that the Ecumenical Association for Housing is proposing
an infill housing study, and have asked the City for some staff assistance and a contribution
of up to $400 to help fund the project. The emphasis of the project is to research and
compile a fifteen -minute film or slide show presentation on affordable and accessible
housing.
Councilmember Jensen moved and Councimember Miskimen seconded, to adopt Mayor Mulry an's
recommendations to provide staff assistance and a contribution up to $400 to assist Ecumen-
ical Association for Housing with their project.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. REPORT ON ST. VINCENT DE PAUL FREE DINING ROOM (CA) - File 10-5
Council reviewed a staff report from City Attorney Duggan, outlining the reasons why the St.
Vincent de Paul Free Dining Room should be considered a restaurant and nothing more and,
therefore, not obliged to have a use permit.
Council agreed with the decision, and decided that monitoring of the dining room should
continue. Loretta Spring, manager of the dining room, thanked the Council for their decision.
18. REVIEW OF AWARD OF BID - SEVEN POLICE VEHICLES (GS) - File 4-2-163
Council considered a staff report, outlining the action taken since the meeting of December
21, 1981, regarding bids for the seven Police vehicles. Council had asked staff to explore
the possibility of buying from the State of California, rather than the low bidder Steve
Snyder Chevrolet, in the recent bid opening. Staff found that the State could furnish Dodge
Diplomats, rather than Chevrolet Malibu police patrol vehicles as had been specified in the
recent bid documents, at a considerable savings.
Councilmember Jensen asked if staff had contacted local Dodge dealers to see if they could
match the State figures on Diplomats. Councilmember Frugoli warned that even if they could
match the price it most likely would not include the police package which involves dual
exhausts, etc., for high-speed chases.
Councilmember Jensen moved and Councilmember Breiner seconded, to adopt the Resolution
rejecting the bid from Steve Snyder for Chevrolet Malibu sedans for $71,227.70, and authoriz-
ing staff to purchase seven Dodge Diplomats from the State of California using state bid for
a price of $56,217.00, with the understanding that City Manager Beyer contact local dealers
about their prices and whether or not they include the police package.
RESOLUTION NO. 6239 - AUTHORIZING THE PURCHASE OF SEVEN POLICE PATROL VEHICLES UTILIZING
EQUIPMENT REPLACEMENT FUNDS (From State of California, @ $56,217.00)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. RESPONSE TO CORPS OF ENGINEERS FILL PERMITS IN EAST SAN RAFAEL (P1) - File 10-2
Planning Director Moore informed the Council that public notices for Corps of Engineers fill
permits have been received for properties in East San Rafael, the lands of Holiday Magic
Class Action Trust and lands of Haskell Norman. The City is currently working with appli-
cants representing both properties, to process development applications and staff feels it
would be premature to recommend specific action on the Corps' permits. Therefore, staff
feels the City's response should be to advise the Corps of the status of the pending City
applications.
41
David Gold representing Stanley Herzstein, Class Action Trustee for Holiday Magic
property, asked that the City state to the Corps that they have no objection to fill on the
property, since no fill could be performed without the City's specific permission in the
future.
After discussion, staff was directed to prepare response letters to the Corps of Engineers
public notices, for Mayor Mulryan's signature. The letters are to outline the status of the
applications to the City for development of the properties.
20. REPORT ON PLANNING COMMISSION RECOMMENDATIONS ON PRIORITIES FOR ACQUISITION OF OPEN SPACE
AREAS WITH REMAINING OPEN SPACE FUNDS P - Fie - -
Council set a public hearing for this matter for 7:30 PM on Monday, March 8, 1982.
21. FINAL ADOPTION - ORDINANCE NO. 1420 - AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 15 CON-
CERNING THE MERGER OF SUBSTANDARD LOS P - File 10 -6 ---
CHARTER ORDINANCE NO. 1420 - An Ordinance of the City of San Rafael Amending the San Rafael
Municipal Code Title 15 Concerning the Merger of Substandard Lots, was adopted as an Ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. FINAL ADOPTION - ORDINANCE NO. 1421 - AMENDING SECTION 14.75.090 OF THE SAN RAFAEL MUNICIPAL
CODE TITLE 14 CONCERNING DEVELOPEMENT OF SMALL LOTS P1 - File 10-6
CHARTER ORDINANCE NO. 1421 - An Ordinance of the City of San Rafael Amending Section 14.75.
090 of the San Rafael Municipal Code Title 14 Concerning Development of Small Lots, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. REPORT ON PRELIMINARY ASSESSMENTS AND COST ESTIMATES OF STORM DAMAGE (CM) -
File 8-9 x 126 x 205
Council accepted the preliminary report, and asked City Manager Beyer to give a further
report on February 1, 1982, with information on contractors performing cleanup and repair
work, and on the procedures for keeping an accurate record regarding billing.
24. REPORT ON RFP's FOR MANAGEMENT CLASSIFICATION AND COMPENSATION STUDY (CM) - File 7-4
Council reviewed a staff report from City Manager Beyer, informing them that the four lowest
bidders for the management classification and compensation study are: Hughes, Heiss &
Associates; Ralph Andersen & Associates; William Hamilton & Associates; and Harvey Rose
Accountancy Corp. The report also discussed capabilities and time tables for the various
firms. Mr. Beyer recommended that he be authorized to discuss the top four proposals
further and ascertain the best one to commence the project, negotiate a final proposal, and
enter into an agreement.
Councilmember Jensen expressed the opinion that, since this is a management survey, the City
Manager should not be involved in the selection process, but that Mayor Mulryan and Council -
member Miskimen should investigate the proposals and make their recommendation to the
Council on February 1st. Mayor Mulryan and Councilmember Miskimen agreed to do so.
25. APPOINTMENT OF COUNCIL REPRESENTATIVE TO MARIN ARTS COUNCIL (CM) - File 197
Council unanimously appointed Councilmember Breiner as the City's representative on the
citizens' committee of the Marin Arts Council, which will undertake the Community Cultural
Plan.
26. REQUEST FOR AUTHORIZATION TO FILE A P -D APPLICATION FOR A 350 BERTH MARINA WITH A PORTION OF
HE DEVELOPMENT ENCROACHING INTO ALLARDT S CANAL (STATE LANDS COMMISSION WITH CITY AS TRUSTEE)
P - File 10 -
Planning Director Moore informed the Council that Waller Associates, on behalf of Tiscornia
Estated Company and Santa Barbara Savings & Loan, filed a rezoning application for develop-
ment of a 300 berth marina on a twenty-two acre parcel on East Canal Street. The applicant
has now requested review of an alternative marina plan for 350 berths with the fifty addi-
tional berths extending into Allardt's Canal which is owned by the State of California
(State Lands Commission). The City of San Rafael is the trustee and must authorize any
encroachment into the Canal.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to approve
the staff recommendation and authorize the applicant to file a rezoning application for a
portion of Allardt's Canal in order to proceed with an application for a 350 berth marina.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
42
27. DISCUSSION OF MEETING DATES FOR WORKSHOP SESSIONS OF CITY COUNCIL (CM) - File 9-1-2
Council discussed the dates proposed by staff for discussion of the East San Rafael Traffic '
Study and the Northgate Activity Center Plan EIR, February 8th and March 8th respectively.
It was agreed by the Council that these will be workshop sessions, but that the Planning
Commission will be invited to attend.
The East San Rafael Traffic Study was scheduled for 7:30 PM on Monday, February 8, 1982.
The Northgate Activity Center Plan EIR discussion will be held on Monday, March 8, 1982,
immediately following the public hearing on Open Space Priorities for Acquisition which will
commence at 7:30 PM.
28. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
City Manager Beyer presented a copy of a letter he sent to Senator Barry Keene regarding SB
426 (Boatwright) mandating binding arbitration for resolving collective bargaining disputes
with police and fireman employees' unions. The letter urged Senator Keene to vote "no" on
SB 426.
Mayor Mulryan then asked Assistant City Attorney Bullard to order the case of Cablevision vs
Boulder, Colorado, since it concerns franchises and the power of local governments.
(Councilmember Jensen left meeting)
29. CONSIDER REQUESTING FUNDS FROM THE BUCK FOUNDATION FOR: - File 13-11 x 204 (Verbal)
a. Assistance for Citizens Who were Damaged by the Flood for Home Replacement, Repairs,
etc., Through Low Interest Loans.
b. For City Reconstruction of Pu is Facilities.
Mayor Mulryan informed the Council that he would like consideration of a grant request to the
Buck Foundation for assistance for both citizens and the City in connection with storm
damage.
Councilmember Breiner asked that included in the grant reqest there be a request for low
interest loans for Police, Fire and Public Works personnel who may wish to buy homes in the
San Rafael area. Mayor Mulryan asked Assistant Executive Director (Redevelopment) Ward to
include that aspect in the grant request upon which he is presently working.
ADD ITEM
Fire 13-11 x 126 x 204
City Manager Beyer presented a Resolution with the recommendation that it be adopted,
directing that he be designated to execute all documents necessary for the purpose of
obtaining certain Federal financial assistance under the Disaster Relief Act of 1974, on
behalf of the City of San Rafael. This action is required prior to submitting any applica-
tions to the Federal Government for funding, under Public Law 288.
RESOLUTION NO. 6240 - RESOLUTION FOR DESIGNATION OF APPLICANT'S AGENT FOR THE PURPOSE OF
OBTAINING FEDERAL FINANCIAL DISASTER RELIEF
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Jensen returned)
ADD ITEM II
F e 8-13
Councilmember Jensen indicated he would like information on the City's investment program.
Finance Director Coleman was asked by Council to prepare a report on his current guidelines
regarding securities and investments for submission to the Council on February 1, 1982.
ADD ITEM III
Fi e 110
Mayor Mulryan read a Proclamation designating the week of January 18th as "San Francisco
49ers Week" in the City of San Rafael, in honor of the San Francisco 49ers football team.
Mayor Mulryan adjourned the meeting in memory of Bob Brusatori, who passed away on Thi
January 14, 1982. He was the brother of the City's former Police Chief Joe Brusatori
late Judge Charles Brusatori, and a lifelong San Rafael resident who was active in cor
affairs. The Council expressed their sympathy to Bob's wife Margaret, his daughter D
his two grandchildren.
ANNE M. LEONC N City C er
APPROVED THIS St DAY OF�
C.
AYOR OF THE CITY OF SAN RAFAEL
4.3
*** *** *** *** *** *** *** ter*
In Room 201 of the San Rafael City Hall, Monday, February 1, 1982, at 7:15 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
RE: INTERVIEWS OF APPLICANTS FOR VACANCY ON TECHNICAL ADVISORY COMMITTEE TO CULTURAL AFFAIRS
COMMISSION CC - File 9-2-2
The Council interviewed the following applicants for the Technical Advisory Committee to the
Cultural Affairs Commission:
Gail Laird
Marilyn Wick
Alan R. Barbier
After discussion Councilmember Jensen moved and Mayor Mulryan seconded, to appoint Alan R.
Barbier to the Technical Advisory Committee to the Cultural Affairs Commission.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
The Council then adjourned to their regular meeting to follow at 8:00 PM.
A NE M. LEONCINI, City Clerk
APPROVED THIS I(,!*- DAY OF , 1981L,
MAYOR OF THE CITY 0 SAN FAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, February 1, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
2. North San Rafael Study - City/County
Memorandum of Understanding (P1) -
File 4-13-59 x 191
3. Statements of Disclosure - Planning
Commissioners Bridges, Galbraith,
Norman & Smith (P1) - File 9-4-4
4. Evening Hours for Children's Library
(Lib) - File 9-3-61
5. Acceptance of Grant of Street Right-
of- Way - San Pablo Avenue (10-20
North Pedro Road) (PW) - File 2-2
6. Renewal of Expired Contract with
California Highway Patrol re
Abandoned Vehicles (January 1
thru June 30, 1982) (CE) - File 4-8-16
7. Claims for Damages:
a. Bob McEachran - File 3-1-599 (PW)
b. Ron Vitale - File 3-1-607 (PD)
c. Frank R. Benaderet - File 3-1-608
8. Request for One Year Extension Before
Which a Building Permit Must be
Obtained for Quail Hill Plateau Office
Development (Present date August 11, 1982) -
File 10-6
Recommended Action
RESOLUTION NO. 6241 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin - Memorandum of
Understanding for North San Rafael Study)
Accepted reports.
Approved opening of Children's Library
from 5:30 to 9:00 PM on Monday &
Wednesday evenings on trial basis from
February thru June.
RESOLUTION NO. 6242 - ACCEPTING
CONVEYANCE OF ADDITIONAL STREET RIGHT-
OF-WAY, SAN PABLO AVENUE, SAN RAFAEL
(From Pacific Coast Holdings, Inc. &
Pacific Coast Management Corp.)
RESOLUTION NO. 6243 - AUTHORIZING THE
CITY OF SAN RAFAEL TO ENTER INTO A
CONTRACT WITH THE STATE OF CALIFORNIA
HIGHWAY PATROL FOR ABANDONED VEHICLE
ABATEMENT PARTICIPATION AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNATED
REPRESENTATIVE TO SIGN SAID CONTRACT
Approve R.L. Kautz Co. recommendations
for denial of claims.
Approved request.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1. APPROVAL OF MINUTES OF SPECIAL JOINT MEETING AND REGULAR MEETING OF JANUARY 18, 1982 (CC)
Councilmember Breiner requested that the minutes of the regular meeting of January 18, 1982,
be revised to add on Item 29, page 6, the words "Public Works" so the minutes would read
"Police, Fire and Public Works personnel".
Councilmember Breiner then moved and Councilmember Miskimen seconded, to approve the minutes
of the Special Joint Meeting, and the minutes of the Regular Meeting as revised.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL BY ADJACENT PROPERTY OWNERS -
ED81-6 - TWO SINGLE FAMILY RESIDENCES AT 319 AND 323 CALIFORNIA STREET; BERMAN-POHORILES
INVESTMENT GROUP, OWNERS; AP 1U-041-03 & 0 P - Fi e 10 -
Mayor Mulryan declared the public hearing opened.
W
Planning Director Moore briefed the Council regarding the appeal, in which the appellants
state that the required slope and width of the existing portion of the access drive, which
also serves the appellant's residence, are unacceptable; that the proposed two-story design
of the residence closest to the appellant's house would block views; and that the two lots
are inconsistent with the Neighborhood Plan.
Staff has recommended a revision to the roadway width required, in order to reduce the
appellant's concern over grading and retaining walls. As for views, there would be a
reduction to some extent, but a one-story building would require more lot coverage and would
decrease privacy for properties fronting on Alpine Street. Staff further states that the
two lots are legal, and subject only to development standards specified in the Neighborhood
Plan. Staff recommended adoption of the Resolution upholding the Planning Commission
decision and denying the appeal.
Ksenia Tsenin, owner of the property, addressed the Council, stating that she feels those
two lots were designated as open space on the Neighborhood Plan, and that the driveway in
question should require a variance. She objected to any of her views being reduced. She
cited various cases to support her contentions.
Assistant City Attorney Bullard informed the Council that the cases cited are not applicable
to this situation, because the Neighborhood Plan was specifically tailored to this type of
situation.
Gayle Mills, Sun Valley resident, informed the Council that if their decision regarding this
property is based on intent rather than what is written in the Neighborhood 13/14 Plan,
perhaps there should be a revision to clarify it. She also stated that there is a group
working to form an Open Space Assessment District, and that the property in question is part
of the overall area being considered. Councilmember Jensen suggested that such a move
should not have waited this long after adoption of the Plan.
Attorney Jay Paxton, representing Berman/Pohoriles, owners of the two lots, stated he had
reviewed the staff report with care and considers it very thorough.
There being no further input the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Frugoli seconded, to uphold
the Planning Commission's decision and deny the appeal.
RESOLUTION NO. 6244 - UPHOLDING THE PLANNING COMMISSION APPROVAL OF ED81-67 AND DENYING THE
APPEAL
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. PUBLIC HEARING - REZONING (Z81-23) - SAN RAFAEL HIGH SCHOOL, MISSION AVENUE & EMBARCADERO WAY
AP 14-101-09 Ptn. , FROM U UNCLASSIFIED DISTRICT, TO R-1 SINGLE FAMILY RESIDENTIAL
DISTRICT; INITIATED BY SAN RAFAEL HIGH SCHOOL, DR. JERALD GILL, REP. P - File 0 -
Mayor Mulryan declared the public hearing opened. There being no public comment, the
hearing was closed.
Planning Director Moore explained that the rezoning is necessary since all school districts
are located within "U" Districts, and in order to allow two single fmaily lots on a vacant
portion of San Rafael High School property it is necessary to rezone that portion to R-1.
Councilmember Jensen moved and Councilmember Breiner seconded, to certify a Negative Declara-
tion.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) to R-1 (Single
Family Residential) District, and numbering Charter Ordinance No. 1422, was read, introduced
and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT (Z82-2) TO ADD STANDARDS FOR COIN OPERATED
AMUSEMENT DEVICE CENTERS TO BE PERMITTED IN CERTAIN ZONING DISTRICTS; INITIATED BY CITY OF
SAN RAFAEL P - File 10-3 x 206
Mayor Mulryan declared the public hearing opened.
M9
Planning Director Moore reported that on January 12, 1982, the Planning Commission had
adopted a resolution recommending to the Council that they certify a Negative Declaration
and adopt text changes to the Municipal Code to allow coin operated amusement device cente
pursuant to specific standards. Under the proposed text amendments, the centers would be
permitted in C-2, C-3 or M districts, subject to standards and short term use permits.
Centers would not be permitted in the recently adopted C-4 zoning along Fourth Street in tl
downtown area.
Mrs. Moore mentioned that Police Chief Ingwersen is also recommending changes in
License section of the Municipal Code, to provide for his review of applications
centers, so proper checking of the applicants can be conducted.
the Businl__
for the
Attorney John Berndt, representing Bob Suttles, who has recently applied for a permit for a
coin operated amusement device center near the Mayflower Inn, stated that there will be adult
supervision in his establishment at all times, and that he has no objections to the proposed
Ordinance because it is needed for proper control.
There being no further public input the public hearing was closed.
Councilmember Frugoli moved and Councilmember Breiner seconded, to certify a Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the recommendations
of the Chief of Police regarding amendment to the Business License Code to provide for his
checking of applications. Also, such establishments are to be carefully monitored during
the initial six-month period.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending Title 14 (Zoning Code) by Adding Chapter
14.64 "Coin" Operated Amusement Device Centers and a Definition for Commercial Recreation
Uses, and numbering Charter Ordinance No. 1423, was read, introduced and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
12. REQUEST FROM CITY ATTORNEY FOR CLARIFICATION RE ABATEMENT OF ILLEGAL UNITS ON "D" STREET (CA)
- File 3-3-30 x 9-3-16 x 9-1-2
City Attorney Duggan briefed the Council on the illegal units in question, two at 401 "D"
Street, two at 405 "D" Street, and one at 511 "D" Street. Mr. Duggan asked the Council if
they could amend the Zoning Ordinance to accommodate and legalize units in R-2 and R-3
districts, instead of initiating abatement proceedings.
Council then heard from tenants of the apartments, asking that they not be abated, and from
Lawrence Loder, owner of the 401 and 405 "D" Street buildings, and Harley Ussery, owner of
511 "D" Street. Mr. Ussery had purchased his building in 1978 from Mr. Loder. The present
owners stated that since these units were in effect before the Gerstle Park Neighborhood
Plan was adopted they hoped the City would decide to "grandfather" them in. Anise Turina,
speaking for Ecumenical Association for Housing, expressed concern over the housing situation
if the Council is going to commence abating illegal units at this time, since they are
providing affordable housing for so many residents.
Gerstle Park Homeowners Association president, Steve Patterson, urged the abatement, calling
the Council's attention to the fact that the discussion involves not only second illegal
units, but third and fourth units. He added that in the past illegal units have been abated
when detected, and questioned the rationale for hesitancy at this point by the City Attorney.
Mr. Loder informed the Council that he had not seen any of Mr. Duggan's backup material,
only the brief staff report, and Mr. Duggan was directed to make his material available to
Mr. Loder.
After further discussion, Councilmember Breiner moved and Councilmember Miskimen seconded,
to direct City Attorney Duggan to commence the Municipal Code procedures for abatement.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan explained to Mr. Loder that under the abatement procedure he will have access
to the City Council before the abatement proceedings will go to court.
47
Councilmember Breiner recommended that the Council establish a policy whereby in future
instances where illegal units are abated the City Attorney be directed to bring the matter
before the Council before the matter goes to court, rather than sending threatening letters,
as has been done; and that the Municipal Code option be used in abatement matters.
Council unanimously agreed that this policy be adopted.
1J. REPORT ON SHEEP GRAZING AS A LAND MANAGEMENT TECNIQUE FOR OPEN SPACE (PW) - File 4-10-158
Council reviewed a staff report from Public Works Director Bernardi, recommending that the
council extend the sheep grazing program for a period of nine months, subject to the original
provisions in the agreement of October 5, 1981.
Councilmember Breiner inquired if there was notification of this meeting sent to any of the
neighbors, in the event they might have comments on the program. Mr. Bernardi stated he did
not feel it was necessary, since monitoring has been continuous and any requests made by
neighbors have been satisfactorily resolved. Councilmember Breiner then requested that the
residents of the area in question be notified of the action taken at this meeting, and be
encouraged to call if they have any questions. Also, in any future discussions on this
subject the nofication process should be followed.
Councilmember Frugoli moved and Councilmember Jensen seconded, to approve staff recommenda-
tion and continue the sheep grazing program for another nine months, subject to the provi-
sions contained in the agreement dated October 5, 1981; also, that the notification process
be followed when this subject comes before the Council in the future, and that the neighbors
be informed of the action taken at this meeting and encouraged to call if they have any
questions.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. REPORT ON APPLICATIONS FOR COMMITTEE TO REVIEW DEVELOPMENT REVIEW PROCESS (CM) - File 9-2-32
Council accepted a report from Assistant City Manager Meador, indicating that the Builders
Exchange is recommending that Bill Beck, current president of the Exchange, serve on the
committee, and also Herb Nienstedt of the Marin Property Owners Association. The Planning
Commission has agreed that Richard Norman and Michael Smith serve, and the Chamber of
Commerce plan to appoint Jim Ring, and Chris Craiken who designed the French Quarter.
Mr. Meador suggested that the first meeting be set for February 10th, as an introductory
meeting. This was changed to Thursday, February 11th, at 8:30 AM when Mayor Mulryan and
Councilmember Jensen can attend. The various homeowners' associations will be notified of
the meeting.
15. RESOLUTION OF APPROVAL FOR MANAGEMENT CLASSIFICATION & COMPENSATION STUDY - File 4-3-85
Council reviewed a report from Mayor Mulryan and Councilmember Miskimen, recommending the
firm of William Hamilton & Associates to perform the top management classification and
compensation analysis, at $4,800 to be paid in two equal installments.
RESOLUTION NO. 6245 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Wm.
Hamilton & Associates, for Top Management Classification and Compensa-
tion Study @ $4,800)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. CLARIFICATION OF POLICY FOR MEDICAL INSURANCE FOR RETIREES (Fin) - File 7-9
City Manager Beyer informed the Council that a survey of retirees was conducted after
Councilmember Jensen inquired about three former employees who are not now covered for
health insurance by the City. An additional thirteen retirees, who are not now covered by
group insurance, fall into the category of covered employees if the Council so moves. They
would all come under the "Over 65" health insurance plan.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the thirteen
previously retired employees, provided they had worked for the City for ten years before
retiring, and which does not include disability retirees.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The thirteen retirees are: C. Bentivegna, C. Brodnansky, B.E. Cook, W.C. Cornwell, A.W. Frey,
J. James, W. Lindman, W.L. Morgan, E. Mott, J.J. Ragalia, F.S. Rodgers, M. Soldavini, and
L.F. Vanderbilt. Finance Director Coleman was asked to check on these individuals to make
certain that they had worked for the City at least ten years.
17. REPORT ON CITY'S INVESTMENT PROGRAM (Fin) - File 8-9
Council reviewed and accepted a report from Finance Director Coleman, outlining the City's
current policy on investments, and on the existing protection for those investments.
Mr. Coleman was asked to keep the Council advised of any changes in rates or other pertinent
factors, by means of periodic reports.
18. FURTHER REPORT ON STORM DAMAGE COSTS (CM) - File 8-9 x 126 x 205
Council reviewed a report by City Manager Beyer, which included a recommendation that a
letter be drafted to the San Francisco Foundation requesting funds to improve the emergency
radio communications system and for emergency generators for pump stations.
Mr. Beyer was asked to talk with other Marin cities about pooling their requests to the San
Francisco Foundation for funds. Council agreed that the City's top priorities should be as
recommended, regarding radio communications system and the pump stations. Also Council
asked that the feasibility of a siren system be explored, possibly tied in to local radio
station KTIM for disaster information. Another consideration is the coordination with ham
operators.
Council also agreed that a letter should be sent to our legislators, regarding the provision
of a balanced system of transportation by supporting the ferries.
19. PRESENTATION OF SIX MONTH FINANCIAL STATUS REPORT (Fin) - File 8-9
Council accepted a report from Finance Director Coleman, which indicated that the City's
financial health remains stable, and is anticipated to remain so until the end of this
fiscal year.
20. PEACOCK GAP NEIGHBORHOOD PLAN TRANSPORTATION IMPROVEMENTS (P1) - File 166
(Councilmember Miskimen eft meeting, due to possible
conflict of interest)
Council studied a staff report, which included cost allocation for developments along the
Point San Pedro Road corridor.
Councilmember Breiner inquired of Traffic Engineer Gerth if the bicycle lanes referred to in
Cross Section 2, page 3, are to be in Phase 1 or 2, and Mr. Gerth replied they are planned
for Phase 2.
Lynn Sedway, consultant, expressed concern regarding the amounts of mitigation fees suggested,
and questioned the method of payment. Developer Jack Wong of Ponderosa Homes expressed the
same concerns regarding the fees, and stated he has been considering an Assessment District.
After further discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to
adopt the report, taking note of the comments.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Miskimen (due to conflict of interest)
(Councilmember Miskimen returned)
21. AWARD OF BID - USED CAR FOR USE AS POOL CAR (GS) - File 4-2-164
RESOLUTION NO. 6246 - AUTHORIZING THE PURCHASE OF ONE POOL VEHICLE UTILIZING EQUIPMENT
REPLACEMENT FUNDS (From Budget Rent-A-Car, low bidder, compact vehicle,
$4,872)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Jensen asked Assistant to the City Manager Barbier to provide the Council with
more definitive information regarding such bids, in the future.
22. ACCEPTANCE OF RESIGNATION OF PLANNING COMMISSIONER (P1) - File 9-2-6
Council accepted the resignation of Planning Commissioner Clifford S. Lund, effective
March 1, 1982.
They then discussed whether applications for a replacement should be called for now, or
whether they should wait until after Commission Chairman Bridges and Vice -Chairman Smith,
whose terms expire in June, are interviewed.
Councilmember Breiner moved and Mayor Mulryan seconded, to call for applications for the
vacancy caused by Mr. Lund's resignation.
AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen
ABSENT: COUNCILMEMBERS: None
(Motion failed)
Councilmember Frugoli then moved and Councilmember Jensen seconded, to hold interviews in
May with Commissioners Bridges and Smith, and take no action on calling for applications
until after that time.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE: (Rec)
a. Adoption of New Policies and Fee Schedule for Falkirk Community Cultural Center -
Fi e 9-10-2
Council reviewed the proposed changes in fees for the use of Falkirk Community
Cultural Center, as proposed by Recreation Director Jauch. Mr. Jauch informed the
Council that the restructured fee schedule is in conformance with other historic
homes in the Bay Area which have similar uses.
One item questioned by the Council was the retention of 50% of the rental fee being
retained if the event is cancelled more than 30 days before, and the complete rental
fee retained if cancellation notice is less than 30 days before the event. Council
felt this was too severe.
After further discussion, Councilmember Breiner moved and Councilmember Frugoli
seconded, to approve the recommended fee schedule with the revision that, if an event
is cancelled 25% of the deposit will be retained if the date can be filled. Other-
wise, 50% of the deposit will be retained.
RESOLUTION NO. 6247 - APPROVING REVISED FEES AND CHARGES, AND RULES AND REGULATIONS
FOR FALKIRK COMMUNITY CULTURAL CENTER (As amended regarding
return of deposit)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
It was agreed that caterers should be carefully screened, and be warned regarding care taken
when serving, that otherwise they may not be permitted to return.
b. City Council Representation on Sculpture Selection Committee for Albert Park -
File 9-1 x 4-10-157
Council agreed unanimously to appoint Councilmember Miskimen to serve on the committee
to select a sculpture for the entryway to Albert Park, as part of the Inter -Arts of
Marin grant toward the Albert Park Renovation Project.
24. CITY MANAGER'S REPORT RE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS' MEETING (CM)
a. Appointment of Councilmember to Countywide Emergency Planning Committee - File 13-11
City Manager Beyer informed the Council that the cities are being asked to appoint a
City Council representative, along with the City Manager, to serve on a countywide
emergency planning committee.
Councilmember Jensen moved and Councilmember Breiner seconded, to appoint Council -
member Frugoli as the Council's representative on the countywide emergency planning
committee.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. Consideration of Support for AB 215 Ballot Measure on June 1982 Ballot re Road
Reconstruction and Improvements - Fi e 9-4
City Manager Beyer informed the Council that a ballot measure is being proposed for
the June 1982 election, which would be similar to AB 215, which was adopted last year
and allowed for an increase in the excise tax on gasoline. Because of the storm
damage, a countywide measure is being discussed to raise additional funds to assist
in reconstruction and maintenance of many miles of streets damaged by the storm. A
proposed ballot measure would have to submitted to the County Clerk no later than
February 26, 1982.
50
Council agreed that this is a complex matter, and asked Mr. Beyer to study it further
and report back to them with a recommendation.
25. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Assistant to the City Manager Barbier reported that AB 699, which became effective January
1, 1980, enables a cable television company to deregulate if it meets certain conditions.
This bill sunsets in 1984 unless extended by law. Since the City has already contacted our
legislators to ask their support, no further action is being taken at this time. However,
staff was asked to obtain an analysis of the Cable TV vs. Boulder, Colorado lawsuit to see
what, if any, impact such a case would have on California.
Councilmember Breiner was asked to work with the County on the Cable TV issue.
ADD ITEM
Mobile Home Park Advisory Committee - File 9-2-29
Councilmember Frugoli recommended that the Mobile Home Park Advisory Committee be extended
to June 30, 1982, and the Council unanimously agreed.
An,1niIRKIM FKIT
The City Council adjourned in memory of Sally Stanford, Councilmember and former Mayor of
Sausalito, and also in memory of John MacPhee, Sr., a longtime resident and merchant in San
Rafael, both of whom passed away during the past week.
CLOSED SESSION
File 3-1-615
The City Council went into Closed Session, then reconvened and unanimously approved payment
to Joseph M. Colabella in the amount of $1,284.08.
ANNE M. LEONCINI, City C erk
APPROVED THIS DAY OF 1982
G
-MAYOR OF THE CITY OF S�FAEL
In the Council Chambers of the City of San Rafael, Monday, February 8, 1982, at 7:30 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Gary R. Frugoli, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: WORKSHOP SESSION RE EAST SAN RAFAEL TRAFFIC STUDY (PW/P1) - File 10-2 x SRRA R-189
Mayor Mulryan announced that the purpose of the workshop meeting was to review the East San
Rafael Traffic Mitigation Program as outlined by Public Works and Planning staffs, and
explained that limitations on State and Federal funds have necessitated the exploring of
alternative funding methods for traffic improvements.
City Manager Beyer called attention to the various facets of the report, including mainte-
nance of Service Level V at all locations through a Transportation Improvement Package
(TIP).
Public Works Director Bernardi summarized the four alternative cost distribution outlines, A
through D, and explained the assumptions involved in each.
51
The City Council adjourned to their next regular meeting on Tuesday, February 16, 1982.
APPROVED THIS )-S-' DAY OF 1982
MAYIRO THE CITY OF SRAFAEL
*** *** *** *** *** *** *** ***
Councilmember Miskimen stated that in previous Council actions it had never been decided
that the entire burden of mitigation costs would be borne by developers of new areas in East
San Rafael, and that a 'fair share' distribution would be more equitable.
Mayor Mulryan mentioned the possibility of diversion of gas tax funds; if they are raised
the additional amount generated could possibly be used. City Manager Beyer informed the
Council that if the gas tax is raised 1d it would mean approximately $750,000 would be
distributed County -wide.
Mayor Mulryan expressed his concern over the retailers being asked to pay large amounts,
since they contribute the very important sales tax revenue to the City. He stated they
should be considered differently because in a sense they are contributing to the community.
Assistant City Manager Meador informed the Council that he could work the sales tax figures
in and compute them into the equations. Mayor Mulryan agreed, and stated he would like to
make the situation a little easier for the retailers. Mr. Meador remarked that there is a
much smaller component of retail businesses in the East San Rafael area than in the Northgate
Area, and that difference will be reflected in the figures.
Councilmember Jensen agreed that retailers should be considered, since the City is attempting
to attract them and if a large assessment is levied it would be a deterrent.
Mr. Meador informed the Council that of the four alternatives, Chart D is the most realistic
and achievable. Mayor Mulryan stated he would support Chart D, with the amendments discussed,
and asked the Council for comments. Councilmember Breiner stated she is more in favor of
Chart D than any of the others. Councilmember Miskimen stated that funding being a major
problem, the Council has to make sure that the funding is fair to all. Mayor Mulryan
suggested that staff look at the various funding ideas, the whole spectrum - Federal, County,
Redevelopment, City, and the actual users - that there is a lot of room for imagination.
Councilmember Miskimen called attention to the fact that a person who already has plans for
his property is much more likely to be amenable to contributing to a plan such as this, but
that there are other property owners whose property cannot be developed until the planned
improvements are made. Thus, the various situations must be balanced off against one another.
For this reason, Councilmembers Miskimen stated he feels Andersen Drive is critical and that
the City should come to grips with it, because there are certain properties which cannot be
developd until Andersen Drive is completed or the City goes back to the old plan of upgrading
Francisco Boulevard.
Councilmember Breiner asked staff would it be possible, since some of the properties are
fairly cohesive, Parcels 4 and 5 particularly, to see if in some cases there would be some
worth to a quasi -Assessment District. Mrs. Breiner stated that one of the things which has
not been discussed, but which probably will be when the Council has a public hearing, will
be the whole issue of whether Andersen Drive will be extended, and when. Mayor Mulryan
stated that the City cannot commit to the extension of Andersen Drive, which is in the
neighborhood of $5,500,000, unless it is based on certain funding assumptions, including the
Redvelopment Agency participating, and some Federal and State monies.
Councilmember Breiner asked Public Works Director Bernardi about FAU fund commitment, and he
replied that the entire FAU Program for the next five years has been committed to Novato and
there is a question as to whether the whole FAU Program is going to continue, based on
President Reagan's current thinking.
Mr. Meador informed the Council that under Alternative D it was assumed that some other
funding source - be it extension of the Redevelopment Agency, the FAU funds, Housing &
Community Development Act, or others - should be the method of funding Rice from "A" Street
down to Rice Lane. In that Alternative there was no responsibility placed back on the whole
area, or on the City.
Mayor Mulryan, in closing, asked staff if they had sufficient guidance at this point, and
they indicated they did.
The City Council adjourned to their next regular meeting on Tuesday, February 16, 1982.
APPROVED THIS )-S-' DAY OF 1982
MAYIRO THE CITY OF SRAFAEL
*** *** *** *** *** *** *** ***
52
In the Council Chambers of the City of San Rafael, Tuesday, February 16, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Greiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special and
Regular Meetings of February 1, 1982
(CC)
2. Report on Amendments to State EIR
Guidelines (P1) - File 9-3-17
3. Redevelopment Agency Annual Report
(RA) - File 140
4. Approval of Subdivision Map - Water's
Edge Condominium (PW) - File 5-1-268
5. Claims for Damages:
a. Mark Richardson - File 3-1-596
(PW)
b. Andrew Jenkins - File 3-1-600
(PW)
c. June Meibergen - File 3-1-606
(PW)
d. Jack Haviland - File 3-1-609 (CE)
e. Alfons Driller - File 3-1-610
(PW)
f. George Golian --File 3-1-611 (PW)
Recommended Action
Approved as submitted.
Accepted report.
Accepted report.
Item removed from agenda. No action
taken. Necessary documents not yet
filed.
Approved R.L. Kautz Co. recommendations
for denial of claims.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. APPEAL OF PLANNING COMMISSION DECISION, BY PEACOCK GAP HOMEOWNERS ASSOCIATION; 41 -UNIT
SIJBDIVISION AND 12 -UNIT BRICK BAR14 CONDOMINIUM I NEIGHBORHOOD PARK AND OPEN SPACE PARCEL;
TS - , ED81-35, UP -2 ; END OF BISCAYNE DRIVE; N.Y.-CAL. INDUSTRIAL CORP. & PONDEROSA
HOMES, OWNERS; MURPHY PULICE ASSOC., REP.; AP 186-470-13 & 79, AND AP 186-480-01 (PIT—
File 5 -1 -27 -
Council
-1-2 0
Council considered staff recommendation that a public hearing on the above matter be set for
Monday, March 1, 1982. However, Mayor Mulryan stated that he will be out of town on March
1st, and called attention to the fact that Councilmember Miskimen cannot participate in a
discussion or decision due to conflict of interest. He then suggested that, due to legal
requirements, the public hearing be set for [March 1st, then contined to the meeting of March
15, 1982 when he can be present. Mayor Mulryan felt this would be fair to all concerned.
Councilmember Jensen moved and Councilmember Frugoli seconded, to set the public hearing on
this matter for March 1, 1982, with the understanding that it will be opened and continued
to March 15, 1982.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. PUBLIC HEARING - DESIGNATION OF McNEAR BRICK BARN AT END OF BISCAYNE DRIVE AS HISTORICAL
LANDMARK (P1) - File 13-14-2
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
It was noted that the McNear Brick Barn was listed as "exceptional" in the San Rafael
Historical/Architectural Survey, and that the upcoming conversion to residential units will
not detract from it.
53
ESOLUTION NO. 6248 - DESIGNATING THE McNEAR BRICK BARN AT THE END OF BISCAYNE DRIVE AS AN
HISTORICAL LANDMARK
YES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
OES: COUNCILMEMBERS: None
BSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - DESIGNATION OF 724 "B" STREET (FLATIRON BUILDING) AS HISTORICAL LANDMARK
P - Fi I e 13-14-2
Mayor
- -
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
Council discussed the fact that this building has now been restored to its original use and
is very attractive.
RESOLUTION NO. 6249 - DESIGNATING 724 "B" STREET (FLATIRON BUILDING) AS AN HISTORICAL
LANDMARK
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - ABANDONMENT OF THREE LEVEE MAINTENANCE EASEMENTS - WATER'S EDGE CONDOMINIUM
CANAL STREET) W -Fie 2-12 x 5-1-768
Mayor
- -
Mayor Mulryan declared the public hearing opened. There being no public input the public
hearing was closed.
Council noted that the three existing easements, which do not occupy areas encompassing the
present existing levee, will be vacated in conjunction with a subsequent grant of a new and
proper levee maintenance easement.
RESOLUTION NO. 6250 - ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS
(516 - 520 Canal St. - Water's Edge Condominium)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. PUBLIC HEARING - ABANDONMENT OF DRAINAGE EASEMENT - EAST SAN RAFAEL, AP 9-290-31 (HASKELL
NORMAN) (PW - File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
Council noted that there no longer appears to be any value or use associated with the drainage
easement across a 22 -acre parcel in East San Rafael owned by Haskell Norman, due to drainage
improvements in the area and the recent abandonment of the southerly contiguous portion on
land owned by Fred Grange.
RESOLUTION NO. 6251 - ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS (Lands of
Haskell Norman, East San Rafael, drainage easement)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - APPEAL OF NOTICE OF INTENTION TO RECORD VIOLATION OF SUBDIVISION MAP ACT;
347 PROSPECT DRIVE; GUY DURYEE, OWNER; AP 11-033-40 P - 7-ile 10-6
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the appeal by Mr. Dury ee involves the
Planning Commission's decision to deny a Certificate of Compliance and record a Notice of
Violation on the subject property, which is a 4,038 square foot, 25 to 30% slope lot. A
Certificate of Compliance would recognize this as a legal building site.
Mr. Duryee claims that the site should be recognized since it would enhance the neighborhood,
improve the City's tax base, provided housing, provide for local employment and grant the
owner who innocently purchased the lot a reasonable use. The Planning Commission finding,
which was concurred in by staff, was that the lot and proposal should be required to meet
code provisions in effect at the time the property was subdivided. They felt that to do
otherwise would encourage Code violations and grant special development rights not available
to others in the same zoning district. The Notice of Violation was directed by the Planning
Commission since the subject parcel is too small an area.
54
Mayor Mulryan called for public comment. Since neither the developer nor his attorney, Lynn
Duryee, had yet arrived the Council proceeded to hear Items 12 and 13, before resuming this
hearing.
Mayor Mulryan recapped, for the appellant and his attorney, the substance of the staff
report which was briefed by Mrs. Moore. Ms. Duryee then informed the Council that her
father, Guy Duryee, had purchased the subject lot in 1963, believing it was a legal lot, and
not being aware that a larger lot had been subdivided in 1958, leaving one 4,800 square foot
lot, and this 4,038 square foot lot which he purchased. It was when he went to the City for
a building permit that he learned the lot was illegal. Ms. Duryee stated that her father is
prepared to build a house which would have all required setbacks - front, back, and both
sides - with parking for four cars so there would be no impact on traffic on Prospect Drive.
One of the concerns of the neighbors was the traffic impact.
Councilmember Miskimen asked if, to Ms. Duryee's knowledge, had the lot been taxed as a lot
or as acreage, and she replied it had been taxed as a lot.
Councilmember Breiner stated that concerns of the neighbors include health and welfare
issues on the development, such as the fact that the street is very narrow and there is a
blind turn at that point, and that the lot is so small.
There being no further public comment, the public hearing was closed.
Councilmember Breiner moved and Councilmember Jensen seconded, to direct staff to record a
Notice of Violation and to bring back a Resolution outlining the many ways in which this lot
is illegal.
Under questions, Lynn Duryee stated that if health and safety is going to be a factor she
should have the opportunity to show the Council that it is not.
Mayor Mulryan stated that he would like to try to find some way, if there is a way, that
this property could be developed. He asked what would be the procedure if the Council
decided to give this owner a chance, and Councilmember Breiner stated that she is concerned
that the Council would open the flood gates to building on illegal lots. She said she
believes in "let the buyer beware".
Councilmember Frugoli stated he has seen Mr. Duryee's projects and they are high quality
work, so he would like to let Mr. Duryee come up with a plan.
Mayor Mulryan advised the Council that whatever way they vote on this issue, they are not
just voting on this lot, but voting beyond. He also noted that an "Aye" vote is a vote to
deny the appeal.
AYES: COUNCILMEMBERS: Breiner
NOES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan stated to the appellant that it is very clear from this Council's thinking
that they are being given an opportunity to come up with a plan to present to the Planning
Commission, and hopefully will show that there is not going to be a problem with traffic,
parking, or any other concerns mentioned.
Assistant City Attorney Bullard suggested issuing a Certificate of Compliance with appro-
priate conditions, but Mayor Mulryan said that what the Council is saying is, let's see what
can be done on the property.
12. PUBLIC HEARING - POST -ABATEMENT PUBLIC HEARING RE EMERGENCY ABATEMENT OF A PUBLIC NUISANCE
HAZARDOUS TREE AT 67 CLARK STREET CA CE - File 3-3-31
Hearing was opened, and continued to March 1, 1982, at the request of owner's attorney.
13. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE REMOVAL OF A PUBLIC NUISANCE (HAZARDOUS
TREES) FROM AREA OF GREENFIELD AND WEST END AVENUES AP 12-031-26) (CA/CE—F- File 3-3-32
Mayor Mulryan declared the public hearing opened.
Assistant City Attorney Bullard informed the Council that the City had received complaints
from several adjacent property owners and tenants, regarding these eucalyptus trees which
are on a vacant lot and are leaning at a considerable angle. If the trees should fall,
several homes and businesses would lie within the radius of the fall. The owners of the lot
in question, Messrs. Alberto Orsini and Mark Irwin of Sausalito, do not consider the trees
dangerous and stated that if the neighbors want the trees removed they should pay for them
themselves.
Subsequently, the trees were inspected by Park Superintendent Hyde and Tree Supervisor
Siders, and found them to have hazardous conditions serious enough to warrant their classi-
fication as a public nuisance.
There being no public input, the hearing was closed.
55
Councilmember Jensen moved and Councilmember Breiner seconded, to declare the trees in
question a public nuisance and direct Assistant City Attorney Bullard to present an appro-
priate Resolution at the March 1, 1982 meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. TRANSMITTAL OF STIPULATED SETTLEMENT AGREEMENT AND ORDER DISMISSING SUIT - THIRD STREET AD
HOC COMMITTEE V. CITY OF SAN RAFAEL CA - File 3-2-14 x SRRA R-101
Council reviewed a Stipulation and Settlement Agreement from Superior Court, regarding the
law suit, Third Street Ad Hoc Committee v. City of San Rafael, involving the removal by the
City of the parking on the south side of Third Street, from Tamalpais Avenue to "E" Street.
The Agreement provides for restoration of the parking for an 18 -month period, and the impact
is to be tested on an ongoing basis during the 18 months.
Councilmember Jensen moved and Councilmember Frugoli seconded, to direct the implementation
of the restoration of parking on the south side of Third Street between Tamalpais Avenue and
"E" Street, for an 18 -month trial period, as stipulated.
AYES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen
NOES: COUNCILMEMBERS: Breiner & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
15. CLARIFICATION OF CONDITIONS OF A USE PERMIT RE QUAIL HILL (CM) - File 10-6
Council reviewed a staff report from City Manager Beyer, which clarified the computations
regarding a parking space requirement for the Quail Hill office development. There was an
amended report from DKS Associates, which stated that only 820 spaces would be required
compared to the 989 spaces required by the Planning staff. This was because of staff
interpretation of the original DKS report and, apparently in review of the final information,
the revised report dated February 1981 was overlooked.
Mr. Beyer recommended that the Council approve the modified condition of the Use Permit to
provide for a required 739 new parking spaces (not including on -street parking) for the
proposed Quail Hill office development.
Councilmember Frugoli moved and Councilmember Jensen seconded, to accept the staff recommen-
dation regarding the clarification of the required parking spaces at Quail Hill.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. SUBSTITUTE PURCHASE OF FOUR-WHEEL DRIVE VEHICLE FOR POLICE DEPARTMENT (PD) - File 4-2-163
23. AWARD OF BID - STAFF VEHICLE FOR FIRE DEPARTMENT (GS) - File 4-2-165
Councilmember Jensen requested that these two items be discussed together. He stated he
would rather spend $13,000 for a new car for the Fire Chief than a used car for $6,678 plus
the state-wide emergency radio as recommended.
Assistant to the City Manager Barbier first briefed the Council on the Police Department
purchase, stating that at the Council meeting of January 18, 1982 staff was authorized to
purchase seven police patrol vehicles through the State of California. The unit price is
$8,031, with vehicles to be used to replace units as they go out of service. It now develops
that there is a need for an additional four-wheel drive vehicle as evidenced by the January
storm disaster. The vehicle would also be utilized when there are calls for police in the
widely divergent open space areas within the City limits.
Mr. Barbier therefore asked Council to authorize staff to purchase six Dodge Diplomats and
one Dodge Ram Charger through the State of California for a total price of $57,238. Police
Chief Ingwersen affirmed the need for the additional four-wheel drive vehicle.
Council then discussed the purchase of a used car for Fire Chief Marcucci, which staff
recommended. Hertz Corporation of Millbrae has offered a 1981 Buick Century for $6,678, and
staff noted that there would be need for an additional radio to operate on the State-wide
mutual aid fire frequency which would enable the Fire Chief to communicate with out -of -county
units in the event that mutual aid was called into San Rafael for an emergency.
Councilmember Jensen reiterated his preference for a new car, and was informed by Chief
Marcucci that this type is adequate, since he would not be involved in situations such as
the high-speed chases which the Police Department must anticipate. Chief Marcucci also
expressed a preference for a white car rather than red, to be more readily identifiable when
a command post is activated.
56
Council discussed the advisability of a white vehicle, and Councilmember Frugoli stated he
would not be in favor of it since it could easily be confused with a Police vehicle.
Council then asked if any identification would be added to the car, and Chief Marcucci
stated there would be only the City seal, a yellow light in the rear window, and a spotlight
in front. He added that the County fire chief and other cities throughout the County are
now taking this approach.
RESOLUTION NO. 6252 - AMENDING RESOLUTION NO. 6239 AUTHORIZING THE PURCHASE OF SIX POLICE
PATROL VEHICLES AND ONE 4 -WHEEL DRIVE VEHICLE UTILIZING EQUIPMENT
REPLACEMENT FUNDS (From State of California for a total of $57,238)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6253 - AUTHORIZING THE PURCHASE OF ONE FIRE DEPARTMENT STAFF VEHICLE UTILIZING
EQUIPMENT REPLACEMENT FUNDS (1981 Buick Century, White, for $6,678,
from Hertz Corporation of Millbrae)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli & Jensen
ABSENT: COUNCILMEMBERS: None
Council authorized purchase of the additional radio and added direction to staff that the
vehicle be designated as a Fire Department car.
17. FINAL ADOPTION - ORDINANCE NO. 1422 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED TO R-1 SINGLE FAMILY
RESIDENTIAL DISTRICT P Embarcadero Way at Mission Avenue - File 10-3
CHARTER ORDINANCE NO. 1422 - Amending the Zoning Map of the City of San Rafael, Adopted by
Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to
Reclassify Certain Real Property from "U" (Unclassified) to R-1 (Single Family Residential)
District, was adopted as an Ordinance of the City of San Rafael by the following vote, to
wit: (Embarcadero Way at Mission Avenue)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. FINAL ADOPTION - ORDINANCE NO. 1423 - AMENDING TITLE 14 (ZONING CODE) BY ADDING CHAPTER 14.64
COIN OPERATED AMUSEMENT DEVICE CENTERS AND A DEFINITION FOR COMMERCIAL RECREATION USES P
- File 10-3 x 206
CHAPTER ORDINANCE NO. 1423 - Amending Title 14 (Zoning Code) by Adding Chapter 14.64 "Coin"
Operated Amusement Device Centers and a Definition for Commercial Recreation Uses, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
19. COMMUNICATION FROM DAN GONZALES RE HOUSING ABOVE PARKING STRUCTURES (CM) - File 207 x R-195
City Manager Beyer briefed the Council on a proposal from Daniel Gonzales, of Daniel M.
Gonzales & Associates, regarding air rights housing above City parking lots.
Mr. Gonzales then addressed the Council, and informed them that in order to be eligible for
SB 99 financing there would have to be a total of 100 units in a project, not necessarily
all in one location. He proposed 60 units above the Third and C Streets parking lot, and 40
units above the Fifth Avenue and D Street parking lot. Mayor Mulryan informed him that the
City may use the location for future Firehouse expansion, and that the Fifth Avenue and D
Street site would not be suitable. However, Mayor Mulryan suggested the PG&E Corporation
Yard site at Second and Lindaro, to which Mr. Gonzales responded he would rather look closer
to the downtown core area.
After further discussion, staff was directed to work with Mr. Gonzales on the Third and C
Streets site, and search for other sites so that a total of 100 units could be accommodated.
20. STATUS REPORT FROM MOBILE HOME PARK ADVISORY COMMITTEE - File 9-2-29
Councilmember Frugoli reported that he had met this afternoon with Mr. Hardage, one of the
owners of Contempo Marin, and that the Committee is meeting again with him tonight to
attempt to resolve their problems. Mayor Mulryan inquired if the owners of Contempo Marin
are conceding regarding opening up to families with children, and Mr. Frugoli responded that
the owners do not feel that mobile home parks are included in the recent ruling.
57
Assistant City Attorney Bullard informed the Council that the recent court case of Marina
Point, Ltd. vs. Wolfson was ordered but has not yet been received, so he has not yet reviewed
it.
The matter was then continued to the March 1, 1982, meeting.
(Councilmember Jensen returned; Councilmember Miskimen left)
21. FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34
Council heard from Assessment District Bond Counsel Ness regarding the actions to be taken
by the Council in connection with this Assessment District. Mr. Ness remarked that due to
considerable increase in costs since the Council adopted the original Resolution of Intention
in June of 1980, both the Redevelopment Agency and the property owners will be asked to bear
additional assessments.
RESOLUTION NO. 6254 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 5917
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Council approved filing of the Engineer's Report.
RESOLUTION NO. 6255 - RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS (Set public
hearing for 8:00 PM on Monday, April 5, 1982)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RESOLUTION NO. 6256 - RESOLUTION CALLING FOR CONSTRUCTION BIDS (Set 3:00 Ph1 on Tuesday,
March 9, 1982, for opening of construction bids)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Council accepted Notice of Improvement and approved Notice Inviting Bids.
22. SUPPLEMENT TO CITY/STATE AGREEMENT FOR INSTALLATION OF RAILROAD CROSSING PROTECTION AT
LOS RANCHITOS AND NORTH SAN PEDRO ROAD PW - File 4-10-92
Public Works Director Bernardi informed the Council that funds are now available pursuant to
City/State Agreement entered into June 12, 1981, whereby Federal funds will be available for
partial funding of the railroad crossing protection devices at Los Ranchitos Road and North
San Pedro Road. The total cost of the project is $51,250. The Federal Government will
contribute $46,125 (90%) and the City must provide matching funds in the amount of $5,125
(10%). A 1981/82 capital improvement budget appropriation for $8,000 was previously approved
by the Council for this project.
RESOLUTION NO. 6257 - ADOPTING PROGRAM SUPPLEMENT NO. 3 TO CITY/STATE AGREEMENT NO. 04-5043
FOR FUNDING OF FEDERAL AID PROJECT NO. RRP-EO08(5) FOR INSTALLATION OF
RAILROAD PROTECTION DEVICES ON NORTH SAN PEDRO ROAD AT LOS RANCHITOS
ROAD, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
24. AGREEMENT FOR LEGAL SERVICES WITH ASSISTANT CITY ATTORNEY (CM) - File 4-3-86 x 9-3-16
Council reviewed a proposed Agreement for Legal Services between Assistant City Attorney
Bullard, through the firm of Bullard and Paganucci, commencing March 1, 1982 and running
through June 30, 1982, or until the date upon which a new Assistant City Attorney commences
work for the City, whichever occurs first.
Councilmember Breiner recommended that paragraph 4c, page 3, of the Agreement, regarding
"Conference Costs" be deleted, and the Council agreed.
RESOLUTION NO. 6258 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH
WILLIAM T. BULLARD, JR., FOR LEGAL SERVICES COMMENCING MARCH 1, 1982
AND TERMINATING JUNE 30, 1982 (Or until the date a new City Attorney
commences to work for the City, whichever comes first. Monthly
retainer, $3,510, up to a total of 54 hours per month, and $65/Hr. if
number of hours is exceeded, only with prior approval of City Manager)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
25. REPORT ON U.S. SUPREME COURT DECISION RE CABLE TV AND ITS IMPACT UPON SAN RAFAEL (CM) -
File 9-1 x 9-7-4
Council reviewed a legal opinion from Assistant City Attorney Bullard, on the above case.
Mr. Bullard felt that in addition to the regulation of TV franchises, the Boulder case has
implications for the regulation of taxicabs, garbage collection, and similar services. He
suggested that the City write to congressional representatives to try to obtain legislation
expressly authorizing the granting of exclusive franchises and contracts for such services.
Mayor Mulryan expressed dissatisfaction with the League of California Cities' recommendation
and directed that a letter go to Don Benninghoven, Executive Director, expressing the City's
strong feelings regarding cities retaining regulative powers, and that he would sign the
letter. Similar letters are also to be directed to Senator Keene and Assemblyman Filante.
(Councilmember Miskimen returned)
26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council reviewed a recommendation from City Attorney Duggan, regarding SB 1336 relating to
liability of public entities. The Bill, introduced on January 12, 1982, speaks to the issue
of how much the City is liable to pay in the event it shares liability as found in a court
action. The Bill should be supported, in Mr. Duggan's opinion, in that it restricts the
recovery of a plaintiff from the public entity to the amount for which the public entity is
found liable. The existing law allows the plaintiff to collect the whole judgment from the
City, and then the City must pursue its remedy of indemnification from the other defendants.
This has resulted in the public entity in many cases paying more than its fair share.
Councilmember Breiner moved and Councilmember Frugoli seconded, that the Council support
SB 1336.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. DISCUSSION OF TREE LIGHTING ON FOURTH STREET (PW) - File 11-4 x 119
Item continued to March 1, 1982, since the Public Works staff has been so involved with
federal disaster assistance survey teams as a follow-up to the January storm, and has not
had time to properly investigate and report. Council asked staff to bring back cost figures
on the lighting.
28. REVIEW OF CITY NOISE ORDINANCE - File 13-9 x 9-3-16
Councilmember Breiner asked that the City's Noise Ordinance, which was adopted in October of
1923, be upgraded.
Councilmember Breiner moved and Mayor Mulryan seconded, to have staff update the City's
noise ordinance to make it more effective and for the City Attorney to review other noise
ordinances throughout the County.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. DISCUSSION OF CALIFORNIA SUPREME COURT DECISION, "MARINA POINT, LTD. VS. WOLFSON" -
File 9-1 x 9-3-16 x 9-2-29
Assistant City Attorney Bullard reported that the above case, which involves families with
children being permitted in rental units, has been ordered and has not yet been received.
He will follow up, and report back to the Council when has had an opportunity to study the
case.
ADD ITEM
CALTRANS PROPOSED TRANSPORTATION TERMINAL - File 112-2 x R-81 (Verbal)
Councilmember Frugoli asked about Council action on the proposed CalTrans Bus Terminal.
Mayor Mulryan informed him that the City has supported the Terminal since 1978, but the
Bridge District has not gone ahead, up to this point.
City Manager Beyer stated that the County is now working on the matter, and has inquired
about the City's participation. Mr. Beyer will continue to follow-up.
We I
69"-A
Council adjourned to Closed Session to discuss pending litigation.
N E M. LEONCINI, ity C er
APPROVED THIS 51M DAY OF , 1982
Zwt��n��
MAYOR OF THE CITY OF SAN RKFAEL
In Conference Room 201 of the San Rafael City Hall, Wednesday, February 24, 1982, at 5:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency Member
Gary R. Frugoli, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
CLOSED SESSION
CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION
The City Council/Redevelopment Agency met in joint session to discuss potential litigation.
No action was taken.
JEANN LEONCINI, City erk Agency Secretary
APPROVED THIS ,9th DAY OF 1982
REDEVELOPMENT AGENCY CHAIRMAN
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, March 1, 1982, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Absent: Lawrence E. Mulryan, Mayor
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
I10. REPORT ON HANDICAPPED HOUSING PROJECT, 626 DEL GANADO ROAD, AND PRESENTATION OF PROCLAMATION
AMING MARCH AS MENTAL RETARDATION MONTH Rec - File -3 x 110
Acting Mayor Jensen presented a proclamation signed by Mayor Mulryan, declaring March as
Mental Retardation Month, to Wally Chipman, Executive Director of Marin Association for
Retarded Citizens.
Mr. Chipman, after expressing his appreciation for the proclamation, gave a status report on
the Handicapped Housing Project at 626 Del Ganado Road, stating it is due to open on April
1st, that applications are still being accepted and six have already been approved. The
project will provide semi-independent living arrangements for developmentally disabled
adults. An on-site counselor will be responsible for the welfare of the residents.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
2. Claims for Damage: (PD)
a. Gary Nunes - File 3-1-614
b. Jennifer S. Hebner - File 3-1-618
3. Deed of Conveyance for PG&E Facilities -
Francisco Blvd. West Extension Project
(PW) - File 4-4
4. Resolution of Appreciation for
Planning Commissioner Clifford S. Lund
(P1) - File 9-2-6 x 102
Recommended Action
Approved R.L. Kautz Co. recommendations
for denial of claims.
RESOLUTION NO. 6259 - AUTHORIZING SIGNING
OF A DEED OF CONVEYANCE TO PACIFIC GAS &
ELECTRIC COMPANY RELATIVE TO CERTAIN
STREET LIGHTING APPURTENANCES - FRANCISCO
BOULEVARD WEST EXTENSION PROJECT
RESOLUTION NO. 6260 - RESOLUTION OF
APPRECIATION (To Clifford S. Lund on
retirement from Planning Commission,
having served since May 1975)
5. Request from Marin County Velodrome Approved closing of one side of Civic
Assn. re Bicycle Race (CM) - Center Dr. for bicycle races on June 27,
File 9-3-30 1982, from 9:00 AM to 5:00 PM.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
1. APPROVAL OF MINUTES OF SPECIAL MEETING OF FEBRUARY 8 AND REGULAR MEETING OF FEBRUARY 16, 1982
CC - File -
Councilmember Frugoli asked that the February 8, 1982 Special Meeting be amended to indicate
that he was absent. With that amendment, Councilmember Frugoli moved and Councilmember
Breiner seconded, that the minutes of the meetings of February 8th and 16th be approved as
submitted.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
6. AGREEMENT WITH BOY SCOUTS OF AMERICA RE RECYCLING BIN AT TERRA LINDA RECREATION CENTER
Rec - File 4-10-M
Council considered a staff report from Recreation Director Jauch, indicating that there have
been no problems with the Boy Scouts use of a recycling bin at the Terra Linda Recreation
Center, and recommending another agreement be drawn up extending their permission to use the
facility.
RESOLUTION NO. 6261 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Boy
Scouts of America, to continue use of recycling bin at Terra Linda
Recreation Center, with 90 -day written termination notice by either
party)
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Frugoli & Acting Mayor Jensen
& Mayor Mul ryan
Councilmember Breiner remarked to Robert McPherson, Boy Scouts representative, that he
should explore the possibility of dealing with the local Recycling Center in San Rafael,
rather than with one out of the County, in view of the City's continued permission for use
of the facility. Mr. McPherson promised he would.
7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION BY PEACOCK GAP HOMEOWNERS ASSN.;
41 -UNIT SUBDIVISION AND 12 -UNIT BRICK BARN CONDOMINIUM WITH NEIGHBORHOOD PARK AND OPEN SPACE
PARCEL; TS81-5, ED81-3 , UP8 -2 ; END OF BISCAYNE DRIVE; N.Y. -CAL. INDUSTRIAL CORP. &
PONDEROSA HOMES, OWNERS; MURPHY PULICE ASSOC., REP.; AP 186-470-13 & 79, AND AP 6- 80-01
71 --File 5-1-270
I
Acting Mayor Jensen opened the public hearing and continued it to March 15, 1982, when Mayor
Mulryan will be present.
8. PUBLIC HEARING - POST -ABATEMENT PUBLIC HEARING RE EMERGENCY ABATEMENT OF A PUBLIC NUISANCE
HAZARDOUS TREE AT 67 CLARK STREET CA CE - File -3-3
Acting Mayor Jensen declared the public hearing opened.
Assistant City Attorney Bullard briefed the matter for the Council, indicating that on
December 4, 1981, the City staff had a hazardous tree removed from private property at 67
Clark Street, under summary abatement procedures after being unable to contact the owner who
was traveling in Europe. The total cost, which included $4,400 from Fahy Tree Service and
$170.54 for work done by City forces should, according to Municipal Code Sec. 1.20.160, be
assessed against the property in the form of a lien.
The property owner, Bernard Duhalde, was informed by his insurance company that the summary
abatement costs would not be a covered item, and he has declined to reimburse the City for
the costs of the tree removal.
Council then heard from attorney Rod Martinelli, representing the property owner, Mr.
Duhalde. Mr. Martinelli brought up several doubtful items on the Fahy Tree Service state-
ment, including the fact that they charged for standby time for their crew until the crane
arrived. He also stated that his client could have been contacted in Europe through a
friend he had left to manage the property in his absence. In addition, Mr. Martinelli
expressed the opinion that the tree was not as dangerous as has been stated as evidenced by
the remaining remnants which are stored. Mr. Martinelli stated that, even if it were proven
that the tree was dangerous, the charges are exhorbitant and his client should not have to
pay them.
Park Superintendent Jerry Hyde was then called upon for his opinion and he stated that the
split trunk made the tree a definite hazard. He also added that the crane in question had
been called for and should have been at the scene at 8:00 AM to meet the Fahy Tree Service
crew, in which case there would not have been standby time. However, the crew could not
leave, since they expected the crane momentarily and had no way of knowing it would not
arrive until 1:30 PM.
There being no further public input the public hearing was closed.
Acting Mayor Jensen stated that he would like the staff to get together with attorney
Martinelli to try to work out an amicable settlement. Councilmember Frugoli expressed the
opinion that the City might absorb some of the cost. Staff was directed to work on the
matter with attorney Martinelli and report back to Council.
Councilmember Breiner added that the Parks Division staff should be very cautious when
contracting out for services so that a situation like this one would not happen again.
9. PUBLIC HEARING - REZONING (Z81-28); LOS RANCHITOS ROAD NEAR RED ROCK WAY (PTN. OF
AP 179-222-10, FROM P -C PLANNED COMMUNITY DISTRICT TO R -1-B-3 SINGLE FAMILY RESIDENTIAL
MINIMUM BUILDING SITE AREA 20,000 SQ. FT. DISTRICT; INITIATED BY TARRANT BELL PROPERTIES;
LLL UbtKKANIfLK, KLF. tNI) - r11e lU-j
Acting Mayor Jensen declared the public hearing opened. There being no public input the
public hearing was closed.
Councilmember Breiner moved and Councilmember Frugoli seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from P -C (Planned Community) District
to R -1-B-3 (Single Family Residential, Minimum Building Site Area 20,000 Square Feet)
District, and numbering Charter Ordinance No. 1424, was read, introduced and ordered passed
to print by the following vote, to wit: (Los Ranchitos Road near Red Rock Way)
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
PERSONS WISHING TO ADDRESS COUNCIL
Re: Grove Hill Subdivision - File 5-1-269
61
62
Architect Brent Dickens addressed the Council regarding the delay in plan processing for the
Grove Hill project, pending the possible implementation of new geotechnical guidelines which
are being considered by the Planning staff.
Mr. Dickens was informed that the High Hazard Lands Policy will be on the Council agenda for
March 15th, and his project will be included in the discussion. Mr. Dickens agreed to wait
until that time for further input on the project.
Re: Request for Clarification of Procedures re Illegal Second Units - File 9-3-16 x 9-1-2
Caroline McDonald of 314 Glen Park Avenue, indicated she wished to speak to the Council on
the above subject. She was informed that it may be advisable to wait until the meeting of
March 15th, when Mayor Mulryan will be present, rather than the three-member Council. Ms.
McDonald agreed, and staff was directed to agendize the matter for March 15th.
11. RESOLUTION RE REMOVAL OF HAZARDOUS TREES AT GREENFIELD & WEST END AVENUES (CA) - File 3-3-32
Assistant City Attorney Bullard informed the Council that the proposed Resolution has been
prepared pursuant to action taken at the February 16, 1982 Council meeting regarding abate-
ment of hazardous trees at Greenfield and West End Avenues.
RESOLUTION NO. 6262 - ORDERING ABATEMENT OF A PUBLIC NUISANCE (Hazardous trees at Greenfield
and West End Avenues)
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
12. REPORT ON COST OF TREE LIGHTING ON FOURTH STREET (PW) - File 183 x R-163
Public Works Director Bernardi reported on the cost of lighting the seven intersections on
Fourth Street. The cost per intersection is now $17 per month, with the total energy cost
for the seven intersections per month amounting to $120. It was also stated that in May
1980 the Chamber of Commerce agreed to maintain the lighting system at its own expense,
which presently is approximately $2,500 per year.
Kay Crawford, Chamber of Commerce General Manager, addressed the Council, pointing out that
this is a Business Improvement District project, and not Chamber of Commerce, and that the
maintenance agreement specified up to $2,000 per year.
Councilmember Breiner indicated that Macy's might pick up costs for their intersection at
Fourth and Court streets, which connects their two stores, with trees being lit on nights
the two stores are open during the year.
Ms. Crawford stated that Macy's had made a request to the Business Improvement District and
they are scheduled to have a meeting very soon, at which time they will also discuss with
Macy's the cost of replacement of the globes which adds to the cost of maintenance.
13. HIRING OF ARCHITECT FOR PICKLEWEED PARK COMMUNITY CENTER (Rec) - File 4-3-87
Recreation Director Jauch informed the Council that the proposed contract with Milton W.
Chambers, AIA, is for the first Phase, which is the design phase, of the Pickleweed Park
Community Center. In May 1981 Council approved $22,500 toward architectural services; the
cost of Phase I is $10,000.
Mr. Jauch further informed the Council that the Canal Community Alliance is working with the
San Francisco Foundation to rewrite a proposal which had been submitted earlier to the
Foundation requesting matching funds. The Foundation had been waiting until the Canal
Community Alliance Board of Directors and Executive Director had been selected. However,
they did approve approximately $35,000 which will be used to bring professionl staff in to
assist in the grant writing and to assist in working out major concerns which could hamper
the development process.
RESOLUTION NO. 6263 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Milton W.
Chambers, AIA, for Architectural Services for the Pickleweed Park
Community Center, not to exceed $10,000)
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
14. REPORT ON ABAG 2853 HOUSING NEEDS REPORT (P1) - File 111
Planning Director Moore briefed the Council on the necessity for the City expressing its
position regarding the ABAG 2853 Housing Needs report, since the replacement needs figure
differs from that of the City. The ABAG calculation is 136 units over five years, rather
than the City's 85 units. The proposed Resolution will be sent to ABAG.
n
63
RESOLUTION NO. 6264 - ACKNOWLEDGING ABAG 2853 HOUSING NEEDS PROJECTIONS EXCEPT THE REPLACE-
MENT NEED FIGURE
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
r--- NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
15. FURTHER REPORT ON CALIFORNIA SUPREME COURT DECISION, "MARINA POINT, LTD. vs. WOLFSON",
RELATING TO RENTAL TO FAMILIESWITH CHILDREN A- File 9-1 x-- x --
Item continued without discussion, to meeting of March 15, 1982, when Mayor Mulryan will be
present.
16. APPEAL BY DR. GIDEON SOROKIN RE REQUIREMENT FOR HANDICAPPED ACCESS AT 907 LINCOLN AVENUE
(BAY ICE CREAM CA - File 1 - -
John P. Schweitzer, owner of Bay Ice Cream at 927 Lincoln Avenue, first addressed the
Council, stating that no mention was made of handicapped access when he was opening his
business, and that at this point he has no idea how handicapped access could be arranged.
Councilmember Breiner asked City Attorney Duggan why the matter is being brought up at the
time, and he said he had recently made a tour of the City with people from the Marin Center
for Independent Living and this was one of the areas found in need of correction. Council -
member Breiner stated she felt the property owner, Dr. Sorokin, should be responsible for
any alternations.
Councilmember Frugoli suggested a walkup window so people in wheelchairs could wait outside.
Acting Mayor Jensen asked that the Public Works staff consider this alternative.
Richard Skaff, a past Director of Marin Center for Independent Living, spoke about the
handicapped attempting to mainstream themselves, and pointed out that there are Federal and
State requirements regarding handicapped, which cities and counties are required to follow.
Public Works Director Bernardi informed the Council that when the building was renovated
access was from Fourth Street, because the entire floor was to be leased to one tenant.
However, this was later changed and the area was remodeled to accommodate a real estate
office with the Fourth Street access and the ice cream parlor with access on Lincoln Avenue,
but with alternate access for handicapped through the real estate office. Recently, a photo
shop, "Hot Shots", replaced the real estate office and partitions were installed which do
not allow room for wheelchairs to get to the ice cream parlor. Also, the hours of the photo
shop are different.
Various alternative access measures were discussed, and Dr. Sorokin stated that he had
explored many ways in which the access could be accomplished but without success to date.
After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to send the
item back to staff to work with Dr. Sorokin to find a solution to the problem. In addition,
staff was directed to be more diligent in following through on handicapped requirements.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
Mr. Skaff stated he would like to see a commission set up, to talk with owners of buildings
with similar problems before they come to the Council.
17. PROGRESS REPORT ON DILLINGHAM PROPERTY RE FIRE PROTECTION (FD) - File 4-13-37
Council reviewed a staff report from Fire Chief Marcucci regarding the fact that the
Dillingham property was inadvertently excluded during the formation of CSA 19; however, the
property has continued to receive fire and medical services from San Rafael without compen-
sating the City. San Quentin Village was also excluded, but since it is within Larkspur's
sphere of influence arrangements are being formulated which will alleviate San Rafael's
responsibility for primary fire and medical services.
County of Marin wrote to the Dillingham Corporation in November 1981, informing them of the
situation and providing several options to being an unincorporated island contiguous to
San Rafael but officially not obligated to receive fire protection from San Rafael. No
response was received to the County's letter.
Chief Marcucci's recommendations is that, based upon Peacock Gap Neighborhood Plan and the
eventual annexation of the Dillingham property to San Rafael, in addition to the minimal
number of incidents generated by their operation, the existing level of service be continued
with a stipulation concerning the availability of fire apparatus in the event there is an
emergency within the City or service area, in which case Dillingham would have to rely on
the County for fire protection.
Councilmember Breiner disagreed, stating that if the Dillingham Corporation is to receive
fire protection they should have to pay for it as do the other entities within CSA 19.
Councilmember Breiner moved and Councilmember Frugoli seconded, that the fire service to Lne
Dillingham Corporation property be discontinued but medical services continue to be provided.
AYES: COUNCILMEMBERS: Breiner
NOES: COUNCILMEMBERS: Frugoli & Acting Mayor Jensen
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
Councilmember Frugoli then moved and Acting Mayor Jensen seconded, to continue medical and
fire protection to the Dillingham property.
AYES: COUNCILMEMBERS: Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
18. RESOLUTION DECLARING SURPLUS IN SMITH RANCH ASSESSMENT DISTRICT NO. 1 (PW) - File 6-32
Public Works Director Bernardi informed the Council that the property owners within the
Smith Ranch Assessment District No. 1 had requested that, upon competion of improvements,
all surplus improvement funds be returned to them. Staff is therefore recommending adoption
of a Resolution, which was prepared by the District Bond Counsel, declaring a surplus of
$259,095.50 and providing for the return of the funds to the property owners.
Mr. Bernardi remarked, on questioning by Acting Mayor Jensen, that the Assessment District
was not set up to put the surplus into maintenance funds. He noted that $100,000 had gone
toward the on-ramp to Highway 101, and $30,000 had gone for street lighting which had not
been in the original Assessment District plan.
RESOLUTION NO. 6265 - DECLARING SURPLUS IN IMPROVEMENT FUND, SMITH RANCH ASSESSMENT DISTRICT
NO. 1 ($259,095.50)
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
ITEMS ON AGENDA AT REQUEST OF
MAYOR AND COUNCILMEMBERS
19. MATTERS OF CONCERN FROM COUNCILMEMBER BREINER
a. Financial Situation of Cities - File 8-9 (Verbal)
Councilmember Breiner reported that at a recent meeting of League of California Cities
in Vallejo it was reported that while the financial situation for cities will be even
more difficult in the future, the State has been adding even more employees while
cutting back funds for the cities.
b. Support for Mediation Services Program - File 202
Councilmember Breiner stated that the City has been requested to send a letter of
Council support to the San Francisco Foundation for the Mediation Services Program at
the County, to assist them in obtaining a grant needed for its continuance.
Councilmember Breiner moved and Councilmember Frugoli seconded, to direct staff to
prepare a letter to the San Francisco Foundation, expressing the Council's support of
the Mediation Services Program grant request.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
c. Support for John Muir Institute for Environmental Studies - File 202
Councilmember Breiner asked the Council's support for the John Muir Institute for
Environmental Studies' request for a San Francisco Foundation grant to fund the develop-
ment of an Integrated Pest Management Program in Marin. If funded, the organization
would like to work with the City's park maintenance staff in developing the program.
Councilmember Breiner moved and Councilmember Frugoli seconded, to send a letter to the
San Francisco Foundation expressing the City Council's support of the request by the
John Muir Institute for Environmental Studies for funding for an Integrated Pest Manage-
ment Program.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
d. Certificate of Compliance for Illegal Lots - File 10-2 x 9-1-2
Councilmember Breiner requested the legal staff to report back to the Council on legality
of the possible issuance of a Certification of Compliance on a lot which does not
conform to the Zoning Ordinance. She stated that Council should receive a thorough
report, including citation of all authority which would authorize Council to allow
development of a lot created in violation of the Map Act and of the City's Subdivision
Ordinance.
Closed Session was not held, and the Council adjourned to March 8, 1982, for a public hearing on
the Open Space Acquisition Program followed by a workshop meeting on the Northgate Activity
Center Plan EIR.
VNNE M. LEON CINI, City Clerk
APPROVED THIS ISS DAY OF h1a,��Q 1982
*** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, March 8, 1982, at 7:30 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Gary R. Frugoli, Councilmember
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
PUBLIC HEARING
DISCUSSION OF PLANNING COMMISSION RECOMMENDATIONS ON PRIORITIES FOR ACQUISITION OF OPEN
SPACE AREAS WITH REMAINING OPEN SPACE FUNDS - File - -
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan then briefed the Council, stating that there is in excess of $935,000 left to
spend. The Planning Commission has done considerable work on the subject, including holding
three public hearings. One possibility is to leave the money on deposit where it will grow
with greater speed than property values. This is the first opportunity the Council has had
to view the Planning Commission's work and give the public an opportunity to say what they
think about it.
Planning Director Moore briefed the Council on the staff report, stating that there is not
enough money left to purchase all available open space properties. The matching fund
potential was investigated and it was found many of the ridgeline and shoreline parcels
qualify for joint acquisition with the Marin County Open Space District.
The staff report reflected that the Planning Commission, with a 4-1 vote (Commissioner
Galbraith dissenting, Commissioners Bridges and Lund absent) defined two major groupings of
open space: Properties of communitywide significance, and properties of neighborhood
significance. The six areas of communitywide significance, which break down into two
general types - ridges and shorelines - were listed as: a) Bret Harte Ridge; b) Hozz
Property; c) Shoreline Band; d) East San Rafael Marshland; e) Holiday Magic Property; and
f) Country Club/Loch Lomond (Ptn.). The Commission placed particular emphasis on investi-
gating the possibility of acquiring or securing a continuous Shoreline Band for public
access. This emphasis was based on the communitywide interest and concern for preserving
marshlands and obtaining public access along the bayfront. There was also found to be local
support for acquiring open space in the Bret Harte neighborhood, and for the Hozz property.
LOU
With regard to localized neighborhood influence, the Planning Commission listed: a) Portion
of Sun Valley Slope; b) Gold Hill Grade; and c) Gerstle Park Ridge. The Commission identi-
fied local support for the Sun Valley Slope area.
All open space which has been acquired has had joint funding and, therefore, the Planning
Commission concluded that any future purchase should be accomplished with joint funds from
other sources. The Commission suggested that expenditure of funds on Sun Valley Slope and
Gold Hill Grade should be limited to monies needed to secure options until such time as
neighborhood assessment districts are formed. The Commission recommended exploring more
innovative techniques for securing open space other than through outright fee purchase
involving matching funds, feeling that exploration of other techniques would help maximize
the use of remaining open space funds.
Councilmember Breiner inquired if there is any ranking on the list of communitywide parcels
which were suggested for purchase. Ms. Moore replied in the negative.
Mayor Mulryan called for public comment. Bonnie Beale of 85 Yosemite Road spoke in favor of
acquisition of shoreline in order to preserve the fast -diminishing marshland areas. Wendy
Miller, Field Coordinator of the San Francisco Bay Association, urged acquisition of shore-
line areas, to preserve the wildlife habitat, and mentioned that monies are available for
this type of acquisition from various sources.
Daniel Mardesich, of Neighborhood 14, stated that there are several possible sites not
mentioned on the lists. He stated that his group generally supports the staff position that
no money be spent until there are matching funds available, but would like to ask that the
City be open to acquisition of parcels which are not on the list if the interest and commit-
ment are forthcoming from the community.
Kathy Campbell of the Canal Community Alliance urged acquisition of shoreline property to
enhance the living conditions in the congested Canal area.
Planning Commissioner Galbraith, who cast the dissenting vote, stated that he does not feel
that the assesement district concept would be workable because he does not feel the neighbor-
hoods would be able to do it. He questioned the fact that the open space monies are drawing
interest, and Councilmember Jensen informed him that the funds are drawing 4.9% interest.
He felt that the recommendations of the CAC on Open Space were not considered by the Commis-
sion in their determinations.
Planning Commissioner Starkweather stated that he felt the CAC did a very good job in their
work on various neighborhoods all over the City. However, he pointed out that the open
space most needed in 1982 is not necessarily the open space needed a few years ago, and what
the Commission is recommending is the best selection at the present time.
Mayor Mulryan asked Dr. Starkweather if the Planning Commission had looked at the CAC
reports, and Dr. Starkweather replied that they were looked at; they were not discarded, but
upgraded. The changes were due to the pattern of development which has been very different
than what was imagined at the time of the CAC report.
Planning Commissioner Smith informed the Council that if it were up to him there would be
one property acquired and that would be the shoreline band. He feels that the economic
climate has changed so much that most of the upland open space would not be developed in any
event, because of the cost. He feels that the entire City could use the shoreline bands,
young and old alike, and the cost of developing would be very low. He suggested matching
funds as a possible method of acquisition. Planning Director Moore indicated that the
Coastal Conservancy is a very good possibility as a funding mechanism.
Councilmember Jensen expressed the opinion that building of parks is not a proper use of
open space money, that the funds are to be used to preserve open space.
Planning Commissioner Boro informed the Council that the County's Open Space District has
funds, and the City has not shared recently in them. They do not solicit projects, but
entities come to them for funds.
Gerald Bakerink of the Canal Community Alliance addressed the Council on acquisition of the
shoreline area, which he said would not really be a park but a walkway near the marshland.
He questioned the acquisition of ridgelines first and marshlands later.
Planning Commission Chairman Cecilia Bridges spoke of the 100 -foot shoreline band, and
stated that if the area is important enough to the City the open space funds should be
expended for it. There is also the aspect of developers dedicating part of their land to
the City for the shoreline park. Councilmember Frugoli stated that it is not equitable for
one developer to dedicate part of their land, while others get paid for theirs.
There being no further public input, the public hearing was closed.
Council decided that the matter of acquisition of property should be discussed in Closed
Session. Mayor Mulryan told those present that the Council appreciates their participation.
67
Councilmember Breiner moved and Councilmember Frugoli seconded, that it would be premature
for the Council to adopt a policy and that if some of the neighborhoods have a parcel of
local significance the Council should be aware of, the Council would be favorably
inclined to consider it even though it is not on the list submitted by the Planning Commis-
sion. Also, as a matter of policy, even though a piece of property is not on the list
suggested as highest priority, if the neighborhood wants to propose it with matching contri-
butions it would be considered.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner suggested that staff pursue the possible acquisition of the Hozz
property with the County Open Space District, since the property is not actually within the
city.
Councilmember Breiner requested more information on possible funding for shoreline areas to
be brought back, and Ms. Moore responded that the shoreline policy is dedication of land and
upgrading of the levee; and that developers have been anxious to respond, however costs have
become very high. Councilmember Breiner agreed that such an arrangement would take consider-
able cooperation and energy.
WORKSHOP MEETING
NORTHGATE ACTIVITY CENTER PLAN EIR - File 10-2
Senior Planner Brook briefed the staff report and Draft EIR for the Council, pointing out
the significant areas of impact, and added that the EIR is subject to a 45 -day review period
which will include a public hearing before the Planning Commission. At the close of that
review the Planning Commission will make appropriate changes in the EIR, certify the EIR and
recommend certification of the EIR to the City Council. The Northgate Activity Center Plan
and EIR will be processed concurrently, with the necessary rezonings following several weeks
later.
Upon certification, the EIR will provide an environmental basis for review of potential
expansions of the Northgate Shopping Center, revisions to the Smith Ranch Master Plan, the
proposed rezoning of the First National State Bank of New Jersey, and other upcoming projects.
Councilmember Breiner asked Traffic Engineer Gerth if he has had any further discussions
with CalTrans regarding the Merrydale Road/Civic Center Drive overpass, and is it included
in the five-year funding. Mr. Gerth stated that at present the overpass is not on the
CalTrans five-year funding plan, and he is waiting for the EIR to be completed before
discussing the matter again with CalTrans.
Mayor Mulryan asked if there were any questions from the public and, hearing none, the
meeting was adjourned to the next regular Council meeting on March 15, 1982.
3as��Xs��" -
(.=E M. LEONCINI, City Clerk
APPROVED THIS 40k DAY OF CC1982
�1011CIT OF SAN RAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, March 15, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special
Joint Meeting of February 24, and
Regular Meeting of March 1, 1982
(CC)
2. Setting Date to Interview Fire
Commissioner re Reappointment (CC)
Fila A -9-q,
3. Approval to Host Redwood Empire
Association, League of California
Cities, May 1982 Meeting (CC) -
File 9-11-1
6. Extension of Agreement - Loan of
Surplus Vehicle to Santa Rosa
Police Academy (CM) - File 9-3-30
7. Claims for Damages:
a. Jeffrey W. Christiansen (PW) -
File 3-1-602
b. Arlene Booker for Joseph
Ezparza (PD) - File 3-1-616
c. Judith P. Mackintosh (PW) -
File 3-1-617
8. Extension of Building Permit for
625 Grand Avenue (Ferro Property)
(PW) - File 140 (SRRA R-70)
9. Request by Rev. R. Sequeira of
Trinity Community Church for Use
of San Rafael Hill for Easter
Sunrise Services on April 11, 1982
(CM) - File 4-10-160
Recommended Action
Approved as submitted.
Set interview with Richard Arnold for
7:15 PM, April 5, 1982.
Approved having City of San Rafael host
meeting.
Approved extension of agreement to
June 30, 1983.
Approved R.L. Kautz Co. recommendations
for denial of claims.
Approved staff recommendation to extend
building permit and require that addi-
tional plan check fees be paid to offset
City costs to check a revised set of
plans.
RESOLUTION NO. 6267 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/
Rev. Reuben J. Sequeira, Pastor, Trinity
Community Church, for Use of San Rafael
Hill for Easter Sunrise Services on
April 11, 1982)
11. Resolution re Abatement and Lien - RESOLUTION NO. 6269 - RATIFYING AND
Tree Removal at 67 Clark Street ORDERING ABATEMENT OF PUBLIC NUISANCE
(CA) - File 3-3-31 (Tree removal, 67 Clark Street)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
4. RESIGNATION OF MEMBER OF CITIZENS' ADVISORY COMMITTEE ON ENERGY (PW) - File 9-2-34
Council accepted a letter of resignation from Committee member Peter Holmstrom and agreed
that the vacancy will not be filled since the Commission term expires in June of this year
and will be evaluated at that time.
RESOLUTION NO. 6266 - RESOLUTION OF APPRECIATION (To Peter Holmstrom for his work on CAC
on Energy)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
5. APPEAL OF PLANNING COMMISSION DECISION; NOTICE OF VIOLATION ON TWO ILLEGALLY SUBDIVIDED
PARCELS; FERNWOOD WAY; FRED GRANGE, OWNER; A 185-072-18 185-073-07 P - File 10-8
,..R.., Council unanimously approved setting a public hearing on April 5, 1982.
City Attorney Duggan brought up the fact that Fred Grange, owner of the property in question,
had contributed $500.00 toward Councilmember Frugoli's campaign, and that this fact does not
affect Mr. Frugoli's ability to vote, but he wanted to bring it to the Council's attention.
Mr. Frugoli responded that he would not be influenced in any way by the contribution. Mr.
Duggan recommended an ordinance covering contributions.
Attorney Jay L. Paxton, representing Fred Grange, asked the Council to please keep any
discussion of this subject separate from the Public Hearing on April 5, 1982 and was assured
that this will be done.
10. RESOLUTION OF APPRECIATION FOR ASSISTANT CITY ATTORNEY WILLIAM T. BULLARD, JR. (CM) -
File 102 x 9-3-16
Mayor Mulryan presented Assistant City Attorney Bullard with a resolution of Appreciation,
on his leaving employment with the City to open a private law practice.
RESOLUTION NO. 6268 - RESOLUTION OF APPRECIATION (To Wm. T. Bullard, Jr.)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
26. AMENDMENT TO AGREEMENT RE QUAIL HILL (CM) - File 10-6
This item was heard out of sequence at the request of attorney Joseph Lemon, representing
Quail Hill, Inc.
Councilmember Jensen moved and Councilmember Frugoli seconded, to approve adoption of the
Resolution covering the Amendment to Agreement re Quail Hill Plateau, with paragraph 4a of
the Agreement amended to read, "Design Review and routine Planning Commission approvals
under current City guidelines will be required", as requested by Councilmember Breiner.
RESOLUTION NO. 6270 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Quail
Hill, Incorporated, Entitled Amendment to Agreement re Quail Hill
Plateau - Retirement Housing)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
12. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION BY PEACOCK GAP HOMEOWNERS' ASSOCIA-
TION; 41 -UNIT SUBDIVISION AND 12 -UNIT BRICK BARN CONDOMINIUM WITH NEIGHBORHOOD PARK AND OPEN
SPACE PARCEL; TS - , ED81-351 UP -2 ; END OF BISCAYNE DRIVE; N.Y.-CAL. INDUSTRIAL CORP.
PONDEROSA HOMES, OWNERS; MURPHY PULICE ASSOC., REP.; AP 186-470-13 AP - - P -
Files 5-1-270
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the staff report, indicating that the three issues being
appealed are: 1) Visual impacts of the proposed water tank; 2) Improvement of Pt. San Pedro
Road prior to any site development, rather than prior to occupancy of the first unit; and 3)
An alternate lot layout in return for no Homeowners' Association objection to the grading of
a sixty foot hill north of the Brick Barn. The Planning Commission at their meeting on
January 23, 1982, found the water tank location acceptable, the recommended timing of street
improvements proper, and the Homeowners' Association's recommended lot layout less desirable
than that proposed.
Mayor Mulryan asked Ms. Moore what remedies the homeowners have regarding the diversion of
traffic during construction so that Riviera Drive will not be used. She stated that bonds
must be posted before a final map is approved, and it is easy to obtain a restraining order
should any violations occur. Also, it has never been necessary to take such action against
Ponderosa Homes. If such should occur, the Code Enforcement Officer and/or City Attorney
would then take action.
Robert Winckler, President of the Peacock Gap Homeowners' Association, addressed the Council
on the three matters being appealed. He asked the City to impose a condition on the develop-
ment that San Pedro Road be improved prior to site development, and stated that this is in
the Neighborhood Plan.
70
Mayor Mulryan asked if it is the homeowners' thinking that if San Pedro Road is widened
beyond Riviera Drive it would deflect the traffic. Mr. Winckler said that is correct, and
that signs should be posted also. Mr. Jensen indicated that new paving is never done befor
a subdivision is built, because of the heavy equipment damaging the road. Ms. Moore pointe
out that under Condition (h) Roads par.4, the developer will maintain the road in a service
able manner during construction phases prior to occupancy of the first building.
Edwin Heinlein of 345 Riviera Drive stated that the portion of Point San Pedro Road east of
Riviera Drive which is being discussed has been under water, and would not be serviceable
very long without improvement. He felt it might be impassible right now for heavy traffic.
He also doubted how effective diversion signs might be.
Richard Norman, Planning Commission Chairman, stated that the bonding requirements will
delineate all conditions and will very clearly indicate that no use of Riviera Drive will be
permitted. When the Planning Commission says that Point San Pedro Road will be completed at
the time of construction of the development they mean prior to occupancy. No lot can be
sold or occupied until all road improvements have been made.
Mayor Mulryan expressed the opinion that the Homeowners' Association should be kept informed
during all interim improvements. Public Works Director Bernardi informed the Council that
the final map must go before the Planning Commission and the City Council, and that at
either of those stages the Homeowners group may review and suggest any modifications.
Mayor Mulryan closed this portion of the public hearing.
Councilmember Breiner moved and Mayor Mulryan seconded, to involve the Peacock Gap Home-
owners' Association in review of the interim road improvements, and that temporary barriers
at the end of Riviera Drive close the road to construction traffic. The traffic controls
will be worked out by Police and Public Works departments.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Mayor Mulryan reopened the public hearing.
Planning Director Moore next discussed the alternate lot layout suggested by the Homeowners'
Association, stating that the layout is not in keeping with the Neighborhood Plan, and that
the applicant had never indicated they were interested in that type of arrangement. Frank
Pulice, representing the applicants, stated that Ponderosa Homes has no objection to the
proposed layout if the Council wants it. He mentioned that there will still be a hill
behind the brick barn under the original plan, but the top of the hill will be brought down
about ten to fifteen feet, and added that the Planning Commission had seen photos of it and
had approved.
Fred Kanter then addressed the Council, stating that if the alternate lot layout is not
approved, with the three new lots on the hill, he would not want the proposed grading since
it would result in the knoll being scarred.
Mayor Mulryan then closed that portion of the public hearing.
Councilmember Breiner moved and Mayor Mulryan seconded, to change the lot layout as suggested
by the Peacock Gap Homeowners' Association as they had worked it out with the Ponderosa
group.
AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Frugoli & Jensen
ABSENT: COUNCILMEMBERS: Miskimen
Mayor Mulryan stated that the motion failed, which means the appeal fails and the Planning
Commission's recommendation is accepted. City Attorney verified that this is so.
Mayor Mulryan reopened the public hearing.
Mary Carpou, Secretary of the Peacock Gap Homeowners' Association, addressed the Council on
the water tank situation. She stated that the water tank site which was selected by State
Parks, City and Marin Municipal Water District is not the first choice of the Homeowners'
group, and ten to fifteen feet of it would be visible above the trees. She urged that
action be taken toward proper screening since there does not appear to be an alternative
site.
Ms. Moore pointed out that the conditions call for additional screening and that State Parks
has a strict policy that only indigenous trees can be used in such an area, which would give
a variety of choices such as Blue Gum, Monterey Pine, Live Oak, Bay, and Toyon. It should
be realized that, although the City has all along fully intended to screen the tank, the
State regulations must be followed.
71
There being no further public input, the public hearing was closed.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the tank site,
and to involve the Homeowners' Association in planning for the screening.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
13. URGENCY ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.40, "MECHANICAL AMUSEMENT
DEVICES PD - File 206 x -
Mayor Mulryan asked that this item be taken up before Public Time, since an Urgency Ordinance
requires four votes and he must leave the meeting very shortly on a matter of importance.
CHARTER ORDINANCE NO. 1425 - An Urgency Ordinance of the City of San Rafael Repealing
Chapter 10.40, "Mechanical Amusement Devices", and Reenacting Said Chapter as "Coin Operated
Amusement Devices", was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Mayor Mulryan left meeting)
PUBLIC TIME Litchfield Sign - File 125 x 13-14-2
I City Attorney Duggan asked permission for the Bermuda Palms sign to be put on the Cultural
Affairs Commission agenda for their next meeting, so that it could be considered for historic
landmark status. Acting Mayor Jensen told Mr. Duggan that the Council does not control
which items are on the Cultural Affairs Commission agenda, and City Manager Beyer informed
Mr. Duggan that Whitey Litchfield should go to the Planning Department for an application for
historic designation, and the item would routinely be agendized by Cultural Affairs Commis-
sion. Mr. Duggan stated it was necessary to be on the April 1st agenda, since there was
going to be a settlement conference regarding the City's court case involving the sign on
April 2nd. Acting Mayor Jensen recommended that Mr. Beyer's suggestion be followed, regard-
ing submitting an application through the Planning Department.
Councilmember Breiner expressed the opinion that the Bermuda Palms sign could in no way be
considered to have historic significance.
II Central Marin Sanitation Treatment Plan - File 12-7
Ms. Elizabeth Paterson and Ms. Gail Fisher addressed the Council regarding the Central Marin
Sanitation Treatment Plant which is being planned. They asked for more information on
current costs now that the bids were opened, and staff was requested to obtain cost figures
for the April 5, 1982 agenda.
I Litchfield Siqn - File 125 x 13-14-2
Whitey Litchfield again addressed the Council, with general and specific complaints about
the City. When Mr. Litchfield would not desist after Acting Mayor Jensen informed him he
was out of order, the meeting was adjourned for five minutes. Council then reconvened.
14. REVIEW OF POLICE ADVISORY COMMISSION (CM) - File 9-2-28
Matter deferred to the April 5, 1982 meeting, for a full Council.
15. FINAL ADOPTION - ORDINANCE NO. 1424 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORN A, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C PLANNED COMMUNITY DISTRICT
Tn R- -R- C HR F FAMTIV PFqTnPMTTA1 MTHTMIIMWITI MMr, qTTP APPA gn nnn rMIAPP P—FrFT—
U1,')1KiU1 (LOS KancnitOS KOaa near Kea KOCK way) lNI) - Iile lU-.i
CHARTER ORDINANCE NO. 1424 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California,
so as to Reclassify Certain Real Property from P -C (Planned Community) District to R -1-B-3
(Single Family Residential, Minimum Building Site Area 20,000 Square Feet) District (Los
Ranchitos Road near Red Rock Way), was adopted as an ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
72
T
16. DISCUSSION OF HIGH HAZARD LAND POLICY (PW) - File 9-1-2 x 9-3-40
Public Works Director Bernardi discussed the proposed High Hazard Land Policy, and pointed
out that the principal point is that, if deemed necessary by staff the various reports -
soils, geologic, and engineering - would be reviewed and analyzed by the Geotechnical Review
Board to determine compliance with the requirements of the General Plan. This is to be done
at the expense of the developer and prior to the approval of the tentative map or development
proposal.
In the instance of the Grove Hill development, the slide areas have been identified and are
not to be built upon, except for Areas A through D, which are designated as developable
areas. Where slides exist within those areas the developer proposes reconstruction.
Special consideration will be given regarding impact on downhill properties.
Attorney Leland Jordan spoke on behalf of Victor Gavalos, whose development is at Channing
Heights, asking that the Council make a decision at this meeting since the development has
been tabled awaiting submission of the High Hazard Land Policy.
Architect Brent Dickens, Grove Hill developer, indicated to the Council that he concurs with
the report and recommendations, and the fact that discretion is to be used in considering
the problems.
Councilmember Breiner asked Mr. Bernardi if he feels that the Geotechnical Review Board
functions properly, and he replied that the concept is working satisfactorily.
Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the staff recommen-
dations concerning the High Hazard Land Policy, and for the Grove Hill project and the
Channing Heights project to be processed based on Geotechnical Review Board determinations.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
17. FURTHER REPORT ON CALIFORNIA SUPREME COURT DECISION, "MARINA POINT, LTD. vs. WOLFSON",
RELATING TO RENTAL TO FAMILIES WITH CHILDREN CA - File 9-1 x 9-3-16 x - -
Matter deferred to April 5, 1982 meeting, for a full Council.
18. REQUEST FOR CLARIFICATION OF PROCEDURES CONCERNING ALLEGED ILLEGAL UNITS (CM) -
File 9-3-16 x 9-1-2
Deferred discussion on basic agenda item to April 5, 1982 for a full Council.
However, Caroline McDonald of 314 Glen Park Avenue, asked the Council to consider rezoning
of her immediate neighborhood to an R-2 District, rather than R-1. She stated there are
many illegal second units in her neighborhood which have been there for many years, and yet
she has been unable to have a second unit although she has tried for two years.
Planning Director Moore informed the Council that staff has been awaiting resolution of the
illegal units matter before taking up this rezoning.
Councilmember Breiner moved and Councilmember Frugoli seconded, to allow the rezoning to go
forward as requested by Ms. McDonald.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
19. CONSIDERATION OF CONSULTANT'S REPORT RE NEW TELEPHONE SYSTEM (Fin) - File 4-3-88
Matter deferred to April 5, 1982 meeting, for a full Council.
20. STATUS REPORT ON BID OPENING - FRANCISCO BOULEVARD EAST ASSESSEMENT DISTRICT (PW) - File 6-34
Council accepted a report from Public Works Director Bernardi, indicating that bids were
received for the Francisco Blvd. East Assessment District on March 9, 1982, and that the
apparent low bidder was Quico Corporation of San Leandro with a price of $470,270. This
price is considerably lower than the Engineer's Estimate and will result in reduced assesse-
ments for property owners and reduced cost to the Redevelopment Agency.
Staff stated that a formal report and recommendation will be made at the Council meeting on
April 5, 1982.
73
21. REQUEST FROM CHAMBER OF COMMERCE FOR APPROVAL OF FLEA ESTA ON MAY 2, 1982, INCLUDING STREET
CLOSINGS CM - File 119
Council reviewed a request from the Chamber of Commerce for permission to hold their fourth
market place Flea Esta on Sunday, May 2, 1982. They asked approval to use the City parking
lot on Third Street between "A" and "B" streets, to have "A" Street closed to traffic, and
to sell beer.
Staff recommended that, in view of the fact that the new parking structure may possibly be
under construction in May, an alternate site be chosen and recommended the City lot at Third
and "C" Streets. If the Third and "C" location is used, staff also recommended that both
"B" and "C" streets be closed to traffic between Third and Fourth streets.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recom-
mendation regarding the alternate site in the event the lot on Third Street between "A" and
"B" streets cannot be used.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
22. STATUS REPORT ON DAVIDSON BEQUEST (Lib) - File 8-20 x 9-3-61
Library Director Stratford informed the Council that the bequest to the San Rafael Library
from the Evans Davidson estate has been determined to be $482,212.62. The Library Board of
Directors recommended that funds from the bequest be used in addressing the Library's space
problem, and that the money be used only to meet needs which are beyond those which would
normally be funded by the City.
Staff recommendation is that a special fund be established, which will accrue interest until
a decision has been made as to how the Davidson bequest monies will be expended, and that
staff and the Library Board be directed to pursue the feasibility of using the bequest as
seed money to obtain sufficient funds to solve the Library's space problem. Staff also
recommends reporting back to the Council in two months on their progress.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recom-
mendation as outlined.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
23. CONSERVANCY GRANT PROGRAMS (P1) - File 208
Planning Director Moore outlined for Council the California Conservancy programs which may
provide funding for various shoreline projects in San Rafael. The program which staff feels
is most relevant to the City is the Urban Waterfront Program.
Councilmember Frugoli moved and Councilmember Breiner seconded, that staff be authorized to
communicate to the Coastal Conservancy the City's interest in the Conservancy's programs
which may further the attainment of City goals for the East San Rafael shoreline area.
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Frugoli & Acting Mayor Jensen
& Mayor Mulryan
24. PROPOSED MANAGEMENT TRAINING & DEVELOPMENT PROGRAM (CM) - File 7-4-7
City Manager Beyer briefed the Council on the program, which was one of the specific objec-
tives of the City Manager's office prior to his coming to San Rafael. The objectives of the
training and development program are to improve time management, delegation, decision
making, communication, leadership and similar skills.
Councilmember Frugoli moved and Councilmember Breiner seconded, to approved the City
Manager's recommendation regarding the program.
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Frugoli & Acting Mayor Jensen
& Mayor Mulryan
25. PROPOSED RECOMMENDATION RE HCDA GRANT (Fin) - File 147
Council reviewed a staff report which recommended two capital improvement projects which
City staff has proposed for Housing & Community Development Block Grant (HCDA), and two
housing projects under the same grant. The applications must be filed by April 2, 1982.
74
The two capital improvement projects proposed are: West Francisco Pump Station Generator,
$200,000, and Completion of Pickleweed Park, $100,000. The two housing projects proposed
are: Land Write Down at PG&E site for Housing, $300,000, and Acquisition of the County
Garage Site for Housing, $300,000.
Council noted a letter from Russell McCubbin, Housing Project Planner for the Legal Aid
Society of Marin County, in which he recommended focusing on one site at a time for
affordable housing which he feels would increase the City's chances for success. He also
stated he felt the City should expend more on housing than on capital improvement projects.
Christie Manska, representing Marin Abused Women's Services, addressed the Council on their
needs, and stated they would very much appreciate being considered for any funding possible,
to further their apartment house acquisition. They are working on a grant for part of the
funding to purchase a ten -unit apartment house to be used by women and children who avail
themselves of their services.
Councilmember Breiner stated that she is the Council's representative on the HCDA Block
Grant Priority Setting Committee and will keep Marin Abused Women's Services (MAWS) in
mind.
Councilmember Frugoli moved and Councilmember Breiner seconded, to approved the recommended
projects, and discuss MAWS with the Priority Setting Committe.
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Frugoli & Acting Mayor Jensen
& Mayor Mulryan
26. (Item was discussed following Item 10.)
27. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council reviewed a report on recent legislation, principal of which were SB 1440 and AB
2638, which would extend the moratorium on billboard removal to January 1984 which impacts
the City's current litigation dealing with the billboard on the east side of Highway 101.
Councilmember Breiner moved and Councilmember Frugoli seconded, to oppose SB 1400 and
AB 2638.
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Frugoli & Acting Mayor Jensen
& Mayor Mulryan
The report also included, for information, a summary of recent legislation regarding cable
television matters, and mentioned AB 2742 (Robinson) which is a lengthy, comprehensive bill
whose primary feature is the removal of local cable television companies from local control
when existing franchises end, and places them under a new PUC division created to regulate
cable television. Cities and counties would not be allowed to charge any franchise fees.
Assistant to the City Manager Nicholai informed the Council that she has requested a copy of
the Bill, and will furnish them a further analysis and comment.
28. CONSIDERATION OF U.S. CONFERENCE OF MAYORS PROGRAM FOR BUILDING PUBLIC/PRIVATE PARTNERSHIPS -
File 9-2
Council reviewed a letter from the United States Conference of Mayors, which was agendized
by Mayor Mulryan, and agreed to support the concept of the Allied Membership with local
business people.
29. SUGGESTED REVISIONS TO THE POLITICAL SIGN ORDINANCE - File 125
Councilmember Breiner stated that she would like to have the Planning Commission update the
political sign ordinance with regard to signs on private and public property. She felt it
would be advisable to check with other communities regarding their regulations.
Councilmember Breiner then moved and Councilmember Frugoli seconded, to ask Planning Commis-
sion to update the political sign ordinance.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
ADD ITEM
RESOLUTION OF APPRECIATION - JOHN F. BARROWNS - File 102
Councilmember Frugoli moved and Councilmember Breiner seconded, to adopt a Resolution of
Appreciation for John F. Barrows, Marin County Administrator, on his being honored as the
Elks Club Citizen of the Year.
75
RESOLUTION NO. 6271 - RESOLUTION OF APPRECIATION (To John F. Barrows, Marin County
Administrator)
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
The Council meeting adjourned in memory of Mrs. Helen Zappetini, who died last week, and had
been a long-time resident of the community.
No Closed Session was held.
Fr � _ ML _,RCT
NI, City Clerk_
APPROVED THIS .54-4 DAY OF Aa4-c _ , 1982
MAYOR OF THE Y OF SAN RA AE
In Conference Room 201 of the San Rafael City Hall, Wednesday, March 24, 1982, at 5:30 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Gary R. Frugoli, Councilmember/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Also Present: Robert F. Beyer, City Manager/Agency Executive Director
CLOSED SESSION
CLOSED SESSION TO DISCUSS POTENTIAL AND PENDING LITIGATION
The City Council/Redevelopment Agency met in closed session to discuss potential
and pending litigation. They then rrf-in ope i`on and unanimously approved
settlement of Claim No. 3-1-565, Mirgam (*Aa tz, gn the amount of $5,000.00.
City Manager/Execu ive Director
APPROVED THIS DAY aF 1982
MiAY01rOF T_H`E CITY OF SAN RAFAEL/AGENCY C IRMAN
*** *** *** *** *** *** *** ***
In the Conference Room, San Rafael City Hall, on Monday, April 5, 1982, at 7:15 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk
RE: INTERVIEW OF RICHARD L. ARNOLD RE REAPPOINTMENT TO FIRE COMMISSION (CC) - File 9-2-5
Council interviewed Richard L. Arnold regarding reappointment to the Fire Commission.
76
After discussion, Council unanimously reappointed Mr. Arnold to a four-year term
extending through March 1986. Councilmember Miskimen was absent.
]EVNE M. LEONCINI, City C1 er
APPROVED THIS �q 44 DAY OF I 1982
MAYOR OF THE CITY OF AN RA EL
In the Council Chambers of the City of San Rafael, Monday, April 5, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
PRESENTATION TO RETIRING PLANNING COMMISSIONER CLIFFORD S. LUND - File 9-2-6 x 102
Mayor Mulryan presented retiring Planning Commissioner Clifford S. Lund with a Resolution of
Appreciation, which had been approved at a previous Council meeting, and thanked him for his
faithful service to the City of San Rafael in the seven years he served on the Commission.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special
Meeting of March 8, Regular
Meeting of March 15, and Special
Joint Meeting of March 24, 1982 (CC)
2. Resolution Authorizing Police Chief
to Erase Tape Recordings of Radio
and Telephone Communications after
100 Days as Prescribed by Law (PD) -
File 9-3-30 x 9-3-16
3. Removal of One -Foot Non -Access
Strip - Kaiser Subdivision (End of
Wellbrock Heights) (PW) -
File 5-1-271 x 10-3 x 5-1-89
4. Safety Assistance Agreement Renewal
with R.L. Kautz & Co. (Pers) -
File 4-10-147 x 9-6-1
5. Approval of Albert Park Concession
Agreement (Rec) - File 4-10-161
6. Claim for Damages - Jerald Young
(PW) - File 3-1-612
Recommended Action
Approved as submitted.
RESOLUTION NO. 6272 - AUTHORIZING THE
DESTRUCTION OF COMMUNICATIONS RECORDINGS
AS PRESCRIBED BY CALIFORNIA GOVERNMENT
CODE SECTION 34090.6
RESOLUTION NO. 6273 - RESOLUTION REMOVING
ONE (1) FOOT NON -ACCESS STRIP FROM THE
EASTERLY TERMINUS OF WELLBROCK HEIGHTS
AS SHOWN ON THE RECORDED SUBDIVISION MAP
OF "TERRA LINDA UNIT 15"
RESOLUTION NO. 6274 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/
R.L. Kautz & Co. for Safety Assistance
Services for one year retroactive to
January 1, 1982, $4,950. Expenditure
to be charged to Workers' Compensation
Fund)
RESOLUTION NO. 6275 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/
Dolly Nave, Albert Park Concession Snack
Bar Manager, April 1, 1982 - March 31,
1983)
Approved R.L. Kautz & Co. recommendation
for denial of claim.
77
Acceptance of Marin Municipal Water
District's Offer to Dedicate Land
in East San Rafael (P1) -
File 2-5 x 151
10. City Council Appointment to Marin
County Commission on Aging (CM) -
File 199
Mayor to sign letter to MMWD accepting
offer - land for public access to East
San Rafael shoreline.
Accepted Mayor's recommendation to
appoint Ms. Anna Stern.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. STATUS REPORT ON CALTRANS MEETING RE NOISE BARRIERS ALONG HIGHWAY 101 (PW) - File 11-16
Council reviewed a staff report indicating that CalTrans has proposed to construct some
13,000 feet of noise walls along various portions of Highway 101 as part of the HOV lane
project through San Rafael. The walls will significantly reduce highway noise experienced
by residential areas close to the highway, but there will also be a significant visual
change. Staff recommended that the Council make a policy decision regarding the walls, as
to whether they will be included with or excluded from the HOV Lane Project. Staff also
recommended that the matter be referred to the Planning Commission for input prior to a
Council policy determination.
Mayor Mulryan expressed the opinion that the Council should have more information before
sending the matter to the Planning Commission, as to the areas which really need the barriers
and also regarding the design which in some instances has been very bulky. Public Works
Director Bernardi informed the Council that in Santa Barbara the barriers are constructed
with indentations for landscaping, but that this could bring the cost higher.
After discussion, staff was directed to present a further analysis to the Council, with
dollar amounts before sending the matter to the Planning Commission for input.
9. STATUS REPORT ON CAREER DEVELOPMENT PROGRAM FOR SAN RAFAEL POLICE DEPARTMENT (PAC) -
File 9-2- x 9-3-3T
Council considered a memorandum from the Police Advisory Commission, recommending the
adoption of a career development program for the sworn officers of the Police Department to
replace the present rank structure below the rank of Lieutenant. Any system, they state,
should stress the development of the individual officer, for his own benefit as well as that
of the City, and that the education would not mean college credits exclusively, but that
education should be acquired through time and experience on the job.
City Manager Beyer informed the Council that this report is for information only, and is not
meant for implementation at this time. The program will be analyzed and costs developed by
staff before being presented to the Council for action. Also, it will be necessary to meet
and confer with the Police Officers' Association.
11. AGREEMENT WITH R.L. KAUTZ & CO., FOR SELF INSURANCE ADMINISTRATIVE SERVICES (Fin) -
File 4-10-109 x 9-6--f-
Council reviewed a recommendation from Finance Director Coleman for authorization to sign a
contract with R.L. Kautz & Company for continuation of their claims services. It was
pointed out that the cost for the 1982 contract is the same as 1981 except for the provision
to charge additional fees for all claims over 70. Normally, 70 claims would cover a year
but the January storm will probably result in a large increase in the number of claims, so
staff feels that the additional fees are justified.
RESOLUTION NO. 6276 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH R.L. KAUTZ & COMPANY FOR
LIABILITY CLAIMS ADMINISTRATIVE SERVICES FOR 1982 (Base fee, $10,500;
$25.00 per hour for over 70 claims - commencing at 12:01 AM,
January 4, 1982 and ending at midnight, January 3, 1983.)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - FRANCISCO BOULEVARD EAST ASSESSEMENT DISTRICT, NOTICE OF IMPROVEMENT (PW) 1—Fe--U--JZF
-
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi informed the Council that, due to procedural delays in
obtaining an encroachment permit from CalTrans, the final hearing and award of contract for
the Francisco Boulevard East Assessment District will have to be continued to the meeting of
May 3, 1982.
FT
Councilmember Miskimen asked whether the sign problems on Francisco Boulevard East have been
solved, and Council directed that staff check into the sign situation before the hearing.
Mayor Mulryan declared the public hearing continued to May 3, 1982.
RESOLUTION NO. 6277 - CONTINUING HEARING AND CONSIDERATION OF ALL MATTERS (Francisco
Boulevard East Assessment District - continued to 8:00 PM on May 3,
1982)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: ED81-92, ENLARGEMENT AND REMODELING
OF EXISTING BANK OF MARIN FACILITY; 1515 FOURTH STREET; BANK OF MARIN, OWNER; MAE LACOURSE
BRYAN McCAR H , REPS.; A 11-2=- - File 10-7
Mayor Mulryan declared the public hearing opened.
Planning Director Moore requested that the hearing be continued to May 3, 1982, to allow the
appellant time to have the engineering study on the retaining wall completed.
Mayor Mulryan declared the public hearing continued to May 3, 1982.
14. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION; NOTICE OF VIOLATION OF TWO ILLEGALLY
SUBDIVIDED ARCE S; s81-42; E N OOD A RED GRANGE, OW ER; A - -1T =-073-07
(Pl
- -
P1 - File 5-1-272
Mayor Mulryan declared the public hearing opened.
Attorney Jay Paxton, representing Fred Grange, owner of the property in question, asked that
the hearing be continued to June, because of City Attorney Duggan's questioning of Council -
member Frugoli's right to vote on the hearing due to possible conflict of interest. He
stated that he would like the matter resolved before the hearing takes place.
City Attorney Duggan informed the Council that his opinion is based on the fact that this
hearing is an appeal, which makes it a quasi-judicial matter and for that reason he does not
believe Councilmember Frugoli should vote, because of the $500 campaign contribution made by
Mr. Grange. Mr. Duggan recommended that an Ordinance be enacted, setting limits for campaign
contributions so there would be no question in matters of this sort. Mayor Mulryan asked
Mr. Duggan for a written legal opinion on the matter.
Councilmember Jensen moved and Councilmember Breiner seconded, to continue the public
hearing to June 1982.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - REZONING (Z81-27) 23 PROSPECT DRIVE; AP 11-101-03; FROM: R-1 (SINGLE FAMILY
RESIDENTIAL) DISTRIC 0: R-2 (DUPLEX RESIDENTIAL) DISTRICT; INITIATED BPAULO S ADNI ,
I- F i ie to -6
Mayor Mulryan declared the public hearing opened. There being no public input, the hearing
was closed.
Councilmember Jensen moved and Councilmember Miskimen seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from R-1 (Single Family Residential)
District to R-2 (Duplex Residential) District (23 Prospect Drive) and numbering Charter
Ordinance No. 1426, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
79
_...-_
16. CONSIDERATION OF CONSULTANT'S REPORT RE NEW TELEPHONE SYSTEM (Fin) - File 4-3-88
Finance Director Coleman briefed the Council on the analysis performed by consultants
Coopers & Lybrand, regarding an upgraded telephone system. The consultants have recommended
that the City acquire the Citation Telephone System which was bid by Compath. Mr. Coleman
informed the Council that there are two decisions to be made: First, whether the City wants
to upgrade the telephone system, and second, whether the City prefers to purchase the new
system from a private vendor or stay with Pacific Telephone.
The Council then discussed possible cost savings, by having the present telephone operator
employed in another department, working only parttime on the telephone system. Mr. Coleman
informed the Council that there would be a cost savings of approximately $242,000 over a
ten-year period with the recommended system.
Councilmember Frugoli asked about the advisability of an electronic system in the event of a
power failure such as the City experienced last January, and Mr. Coleman stated that the
proposal calls for a battery backup. Ron Pellegrini of Coopers & Lybrand informed the
Council that, in addition to the four-hour battery backup system, the telephone system could
be operated from the Police Department backup system with no problem.
The Council then discussed financing, and the necessity for making a decision while the
quoted prices still hold. It was agreed that the matter will be agendized for the April
19th meeting, for a decision to be made, and that meanwhile staff is to look into the length
of time the quoted prices will hold.
17. STATUS REPORT ON CENTRAL MARIN SEWAGE TREATMENT PLANT (CM) - File 12-7
City Manager Beyer presented a staff report, in accordance with a request from the
Council, regarding the status of the award of the construction contract for the
Central Marin Sewage Treatment Plant. Mr. Beyer noted in his report that the San
Rafael Sanitation District will consider its contribution to the project on April 7,
and the Central Marin Sanitation Agency will consider the contract on April 12,
1982. Enclosed with the report were a letter from the Central Marin Sanitation
Agency regarding the low bid of $43,853,000, and a letter from Kennedy/Jenks
Engineers which contained a summary of project costs.
Gerald Bakerink of the Canal Community Alliance voiced his concern regarding the
increased costs, and the fact that the general public thought that San Quentin Point
was the location of the state prison and not the Andersen Drive area. Mr. Bakerink
also pointed out that the plant construction does not include the outfall lines, the
cost of which is not known at this time.
Mario Ghilotti, owner of property in the area of the proposed plant, asked that the
awarding of the bid be delayed, due to the location of the plant and the high cost.
Mayor Mulryan informed him that the threat of a moratorium on building if the plant
is not approved is a very real situation and that the State authority, the Regional
Water Quality Control Board, said they would invoke the moratorium. The Corps of
Engineers approval has not yet come through, but they have indicated there is no
problem. The Federal funding has not yet been approved and there is presently no
indication as to whether it will be.
Councilmember Jensen stated that the Federal government is looking at grants very cautiously
at present and, in his estimation, the outfall lines should have been constructed first if
there was doubt that the entire project would be funded.
Elizabeth Bradshaw of the Canal Community Alliance spoke in opposition to construction of
the plant, citing the ecological effects, and the destruction of wildlife habitat. Dick
Erskine of the Loch Lomond area urged caution before spending the amount of money required
for the plant. Gale Fisher of Loch Lomond, Bobbe Vargas of Marin Coalition, property owner
Fred Grange, Fielding Greaves of Marin United Taxpayers, Col. Wm. Filler of Irate Taxpayers
of Marin, and Barbara Stidham, all spoke in opposition to the construction of the plant, for
monetary reasons as well as the location.
Councilmember Jensen then moved and Councilmember Frugoli seconded, that the City of San
Rafael Council adopt a Resolution protesting the construction of this plant because of
location, exhorbitant cost which is twice above the original estimate given to the people,
and that a copy of the Resolution be sent to the EPA and the Federal government.
RESOLUTION NO. 6178 - PROTESTING CONSTRUCTION OF THE CENTRAL MARIN SEWAGE TREATMENT PLANT
Under question, Councilmember Frugoli stated that among his concerns is the dumping of the
dirt, as well as the funding, and he feels that there will be a thirty to sixty day time
period before approval, and for that reason he seconded the motion.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner mentioned
of which she was then a member,
was wrong.
that when this matter came before the Planning Commission,
the Commission recommended to the Council that this location
Councilmember Miskimen stated that the Council voted against the plant. He also mentioned
his concern about the cutbacks in Federal spending, but there is hope that a grant for 75%
Federal funding may be approved. Mayor Mulryan added that this is the difficult part, not
knowing that the funds are forthcoming.
(Councilmembers Jensen & Miskimen left meeting)
18. REPORT ON TRAFFIC CONTROL DURING CONSTRUCTION PERIOD, PEACOCK GAP (PW) - File 5-1-270
Council reviewed a staff report from City Manager Beyer, regarding traffic control on
Riviera Drive during construction of the 41 -unit subdivision and 12 -unit brick barn con-
dominium project in Peacock Gap.
After discussion Council agreed to implement one of the staff recommendations, and direct
staff to impose the necessary conditions to control traffic and provide enforcement as
necessary to enforce the conditions - such as restricting weight capacity of vehicles using
Riviera Drive; placing appropriate signing to direct all construction related traffic past
Riviera Drive and on around San Pedro Road; working with the contractor to make him aware of
the City's requirements; and placing appropriate conditions on permits, subdivision improve-
ment plans and similar docuements - with the understanding that barricades would be used
only as a last resort if there is trouble with the contractor.
(Councilmembers Jensen & Miskimen returned)
24. COMMUNICATION FROM TENANTS ASSOCIATION OF MARIN RE DECLARATION OF HOUSING EMERGENCY MORATORIUM ON RENT INCREASES AND CONDOMIUM CONVERSIONS- File 187
Council reviewed a letter from the Tenants Association of Marin, requesting declaration of a
housing emergency, and a moratorium on rent increases and condominium conversions. They
wanted the moratorium effective today, April 5, 1982, and rents rolled back to March 1, 1982
to affect any apartments comprising three or more units and affecting present tenants.
Further, they asked that all condominium conversions previously approved be disallowed. In
discussion, it developed that there is a situation at 35 Fairfax Street where the building
was originally constructed as a condominium but has always been rented as apartments. The
owner is now evoking the condominium approval and is issuing eviction notices to those
tenants who cannot or do not care to buy their unit.
Another request made in the letter from the Tenants Association was to permit those owners
of property of three or more units in San Rafael who feel aggrieved by the moratorium on
rent increases to have the right to appeal for additional rents to the County Mediation
Service who, by a contract to be drawn up with the City, would be appointed and given the
right to decide and arbitrate the issue.
Council then heard from San DiGiacomo of the Tenants Association Grievance Committee, who
spoke on the various issues, and cited the Camelot Apartments which are owned by a resident
of San Mateo who, Mr. DiGiacomo asserted, does not spend his money in Marin, and yet has
recently been increasing his rents exorbitantly.
Stanley Markowitz, Ivan Brandenburg, Gerald Bakerink, Gertrude Brewster, Coleman Persily and
others, spoke of the escalation of rents and need for some kind of arbitration. Mike
Lieberman of Marin Citizens for Fair Housing commented that the vote was City-wide against
rent control in the last election, but he has noted that the percentage of the rent increases
far exceeds the percentage of the Consumer Price Index. Anise Turina of Ecumenical Housing
expressed the opinion that the suggestions made by the Tenants Association are good, because
she feels this is an emergency situation.
Ed Henley, Chairman of the Mediation Advisory Council for Marin County, stated they will be
glad to assist in any way possible.
Councilmember Miskimen objected to having the item on the agenda as the Council has opposed
rent control, and stated that other solutions should be looked at. Mayor Mulryan stated
that the Council is sensitive to community needs; however, not only the Council but the
voters have rejected rent control.
After discussion, City Manager Beyer was asked by the Council to have Code Enforcement
Officer Cunha see what can be done to extend the time with regard to the 35 Fairfax Street
evictions. Council took no action on the request for the moratorium on rents and condo
conversions.
19. REVIEW OF POLICE ADVISORY COMMISSION (CM) - File 9-2-28
Council considered a staff report prepared by City Manager Beyer, recommending that, if the
Council agrees on the overall need for the Commission, it be reconstituted to meet as
necessary to study special issues or on a quarterly basis as is now provided for in the
Ordinance creating the Commission.
�
•
After discussion it was agreed that the Commission should continue to meet on a monthly
basis as at present while the need exists, and to commence quarterly meetings if and when
the workload lessens.
Councilmember Miskimen asked that the Commission again pursue setting up a demonstration of
Canine Unit performance, and Council requested that Commission Chairman Gassaway again
contact the City of Concord in that regard.
20. DISCUSSION OF MARINA POINT, LTD., v. WOLFSON - DISCRIMINATION AGAINST FAMILIES WITH CHILDREN
IN RENTAL HOUSINGCA - File 9-1 x 9-3-16 x 9-2--2'9
Council discussed Contract Attorney Bullard's analysis of the court ruling on the subject
case. However, a letter was received from Joe Pheffer, a former resident of Contempo Marin,
informing the Council that the mobile home park is not exempt from the ruling against
discrimination regarding families with children, because they had not voted to become an
adult mobile home park, as City staff had been led to believe, and requesting continuance of
the item to the next meeting.
Further discussion was deferred to April 19, 1982, and Mr. Bullard was asked to meanwhile
research the exact status of Contempo Marin in regard to families with chidren or adults
only.
21. REQUEST BY FRED GRANGE FOR RECONSIDERATION OF DECLARING PARCEL OF LAND SURPLUS IN EAST
SAN RAFAEL PW - Fi e 2 -
At Mr. Grange's request, discussion was deferred to the June 21, 1982, meeting.
22. MARIN COUNTYWIDE PLAN UPDATE (P1) - File 191
Planning Director Moore briefed the Council on the latest revisions to the Plan, principally
changes to Urban Service Areas. She recommended that the Council adopt a proposed Resolu-
tion, which endorses the plan except for Chapter 5 as it was modified by the Countywide Plan
Advisory Committee, which deals with Plans for Planning Areas.
RESOLUTION NO. 6279 - ENDORSING THE DRAFT 1981 MARIN COUNTYWIDE PLAN AS RECOMMENDED BY THE
COUNTY PLANNING COMMISSION AND MODIFIED BY THE COUNTYWIDE PLAN ADVISORY
PLAN COMMITTEE WITH CLARIFICATION BY CITY PLANNING STAFF
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. AWARD OF BID - THREE LIGHT UTILITY PICKUPS (GS) - File 4-2-166
RESOLUTION NO. 6280 - AUTHORIZING THE PURCHASE OF THREE LIGHT UTILITY PICKUP TRUCKS UTILIZING
EQUIPMENT REPLACEMENT FUNDS (From S&C Ford of San Francisco, bid
amount $20,487.87) (Part of County of Marin bid)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council discused the possibility of restricting bidders to local firms, and Contract Attorney
Bullard was asked to look into the legality of such a procedure. Council would prefer
bidders being either San Rafael or at least Marin County firms.
25. REPORT RE MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS MEETING: (CM)
a. Countywide Uniform Agreement with Viacom - File 9-7-4
City Manager Beyer informed the Council that at the last meeting of Marin County
Council of Mayors and Councilmembers the issue of a uniform cable agreement with
Viacom was discussed. This has been referred to a committee of City Managers, using
the recently enacted agreement between the County of Marin and Viacom Cablevision as
the basis for discussion. The agreement is very similar to the one between City of
San Rafael and Viacom.
The County of Marin is interested in working with the cities and the County to form a
CATV Commission which would be more clearly identified as a part of the uniform
agreement.
Council unanimously agreed to direct staff to work with the County in establishing a
draft uniform agreement with Viacom, and to request that the CATV Commission include
a representative from the City of San Rafael.
AFA
W.
b. Major Crimes Task Force - File 4-10-114
City Manager Beyer informed the Council that the issue of continuance of the Marin
County Major Crimes Task Force was briefly discussed at the last meeting of the Marin
County Council of Mayors and Councilmembers and referred to each city for evaluation. {
The specific recommendation from the Marin County Major Crimes Task Force Oversight
Committee, in conjunction with the Marin County Police Chiefs Association, reflects y'
the operation of a four -person unit costing approximately $146,497, of which San
Rafael's share would be $30,479 for the 1982/1983 fiscal year.
After discussion Council agreed to support the Major Crimes Task Force, with funding
to be determined as part of the Police Department budget review of priorities for
1982/1983 fiscal year.
REQUEST FOR AUTHORIZATION TO SUBMIT SPECIFICATIONS FOR RECONDITIONING OF A 1958 AMERICAN
LA FRANCE AERIAL LADDER FD - Fie -2-
Fire Chief Marcucci informed the Council that the FY 1981/82 budget included reconditioning
of the 1958 American La France 100 -foot aerial ladder. This reconditioning is consistent
with the City's program of revitalizing older apparatus rather than the purchase of new
equipment. Chief Marcucci requested authorization to submit the specifications for the
reconditioning of the aerial ladder to apparatus vendors for their review and submittal of
written bids. A preliminary estimate indicates the cost should be approximately $50,000.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the staff recommen-
dation and authorize going to bid for the reconditioning of the aerial ladder as recommended.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. REPORT RE MEETING WITH REPRESENTATIVES OF THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION
DISTRICT GGBHTD RE TRANSPORTATION CENTER - File 2- x R -
Mayor Mulryan gave a verbal report on his recent meeting with the Golden Gate Bridge,
Highway & Transportation District regarding the proposed transportation terminal in San
Rafael. Mayor Mulryan reported that he had informed the District that the City of San
Rafael is not only in favor of the Transportation Terminal, but is willing to become involved
in its development.
ADJOURNMENT
The City Council adjourned in memory of Norma Wall, who passed away this past week, and who
had served her community for may years, being the first Chairman of the Park and Recreation
Commission and having served on the Commission for thirty-five years. The Council also
adjourned in memory of Bryce Anderson, a Marin County newspaperman for many years and former
Editor of the Independent -Journal, who contributed much to the community, who passed away
within the past two weeks.
CLOSED SESSION
The City Council met in Closed Session to discuss potential and pending litigation. They
then met in open session and took the following action:
Settlement of Claims: Edward Elliott, File 3-1-605, $2,811; John & Hope Yeomans, File 3-1-619,
$2,491.20; Robert & Joan Fennell, File 3-1-630, $2,500. Council then authorized negotiatel—
settlement for the Robert Moulton claim, Fi e 3-1-391.
f
APPROVED THIS k1t DAY OF 1982
MAYOR OF THE CITY OF SAN RAFAEL
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