HomeMy WebLinkAboutMinutes 1977-1981 pt. 1I
Special Joint Meeting between the San Rafael City Council and the San Rafael Planning Commission,
Dominic's Harbor Restaurant, San Rafael, 7:00 PM, Tuesday, November 29, 1977.
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Present: Donn E. Nissen, Chairman
Albert J. Boro, Member
Dorothy L. Breiner, Member
Edmund A. Duggan, Member
Clifford S. Lund, Member
Richard P. Rodrigues, Member
John A. Starkweather, Member
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
The San Rafael City Council and the San Rafael Planning Commission held a joint dinner meeting at
Dominic's Harbor Restaurant to discuss mutual problems relating to planning in San Rafael; namely, the
need to streamline planning procedures for applicants, the changing nature of planning duties in the
City, and the number of Commission decisions appealed to the Council.
After discussion, it was jointly agreed that a new position of Zoning Administrator should be created
to speed up the approval process.
It was also agreed that the City Council and Planning Commission should try to meet at least once a
year for further joint discussions.
ANNE M. LEONCINI, City Clerk
APPROVED THIS / q;rZ DAY OF 1977
MAYOR OF THE CITY OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, December 5, 1977, at 8:00 PM.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney.
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Mulryan seconded, to approve the recommended action on the
following consent calendar items:
Item
Claim for Damages - California State Automobile
Association (Margarita Dorothy Alvarez),
File No. 3-1-304
Claim for Damages - Kathryn M. Connolly,
File No. 3-1-313
Claim for Damages - Debra Lee Newton,
File No. 3-1-314
Emergency Authorization for Installation of
Underground Electric Service Facilities to
MMWD Santa Margarita Tank - File 151
Recommended Action
Referred to insurance carrier for payment.
Denied and referred to insurance carrier.
Denied and referred to insurance carrier.
RESOLUTION NO. 5383 - AUTHORIZING THE SIGNING
OF A RIGHT OF WAY DEED TO PG&E COMPANY FOR
INSTALLATION AND MAINTENANCE OF ELECTRIC
SERVICE FACILITIES (Santa Margarita Tank - Bet.
City Council and PG&E)
RESOLUTION NO. 5384 - AUTHORIZING THE SIGNING OF
A RIGHT OF WAY DEED TO PG&E COMPANY FOR INSTAL-
LATION AND MAINTENANCE OF ELECTRIC SERVICE
FACILITIES (Santa Margarita Tank - Bet. City,
Green Oaks Homeowners & PG&E)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AMENDMENT TO MINUTES OF CITY COUNCIL MEETING NOVEMBER 21, 1977 - File 1-4
Councilman Nixon requested that paragraph 4, page 2 of the November 21, 1977 City Council minutes be
amended to read as follows:
Councilman Nixon stated for the record that he supports not approving the pool and not removing the
baseball diamond, but that since the motion is being considered without any plan for increasing any
athletic facilities anywhere, he will vote against the motion since he feels it does not accomplish
the Council's original objective, to wit: To increase the number of available athletic fields for
Little League and Yout Soccer.
Councilman Mulryan moved and Councilman Miskimen seconded, that the minutes be amended to include the
above statement.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CLAIM FOR DAMAGES - ROBERT DROLLA. File 3-1-312
Councilman Jensen noted the number of accidents for which claims are being filed against the City, and
questioned how many are avoidable and are careless accidents. He also inquired about a safety proqram.
City Manager Bielser stated that various safety programs are presently under study, and he was asked to
furnish the Council with a report on what has been done to date.
Councilman Jensen then moved, and Councilman Miskimen seconded, that the Robert Drolla claim for damages
be denied and referred to the insurance carrier as recommended.
AYES: COUNCILMEN: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
PUBLIC HEARING - REZONING (Z77-8) FROM P -D TO P -D (CHANGE IN MASTER PLAN) SAN PEDRO COVE; 600 PT. SAN
PEDRO ROAD; AP 16-213-11; 16-221-09,10,11; 16-222-01; 16-241-04,05; 16-242-10,11; 16-251-01,02; 16-252-01,02;
16-271-03,04,05, 12 & 13 - INITIATED BY PAGANINI FAMILY REPRESENTED BY ENVIRONMENTAL PLANNING & DESIGN
ASSOCIATES - File 5-2-73
Mayor Bettini declared the public hearing opened.
Planning Director Hotchner briefed the Council on the staff report regarding the rezoning of the area.
4�
There being no public input, Mayor Bettini declared the public hearing closed.
Councilman Miskimen moved and Councilman Jensen seconded, to concur with the Planning Commission in the
Negative Declaration.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
-" ABSENT: COUNCILMEN: 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 San Rafael Municipal Code so as to Reclassify Certain Real
Property from P -D (Planned Development) District to P -D (Planned Development) District by Adopting
Amendment to the Development Plan, and numbering Charter Ordinance No. 1283, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - P77-19 - APPEAL OF REQUIREMENT FOR ENVIRONMENTAL IMPACT REPORT - BUSINESS AND
INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER; END OF ANDERSEN DRIVE; MAGGIORA & OHILOTTI, INC.,
OWNER; GONZALEZ, OBERKAMPER, ROBERTS, McCARTHY, REP.; AP 18-180-03 & 04 - File 10-6
Item deferred to January 3, 1978 meeting, at appellant's request.
RE: UP76-65(b) DE LONG CHEVROLET USE PERMIT FOR USED CAR SALES, 550 WEST FRANCISCO BLVD., CLARENCE A.
DE LONG, OWNER; M DISTRICT; AP 13-051-07 & 08 - File 10-5
Mr. Don DeLong informed the Council that he feels that the company is now complying with the conditions
set down by the Planning Commission. After discussion, the Council continued the item to the
December 19, 1977 Council meeting, to give staff an opportunity to review the situation as regards
compliance with Planning Commission conditions as concurred in by the Police Department.
RE: FINAL ADOPTION - ORDINANCE NO. 1280, AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING
A NEW CHAPTER 10.85 ENTITLED. "POLICE ROTATION TOWING SERVICES" - File 11-8
After discussion Councilman Jensen moved and Councilman Nixon seconded, to amend Section 10.85.090 to
change public liability insurance with minimum limits of $100,000 (from $500,000) injury to one person;
$50,000 (from $25,000) for property damages; and a garage liability for tow operators liability insu-
rance with minimum limits of $50,000 (from $500,000).
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Ordinance will be republished before December 19, 1977 meeting, when it will come up for final adoption.
FINAL ADOPTION - ORDINANCE NO. 1281, AMENDING TITLE 8, "MORALS & CONDUCT", OF THE SAN RAFAEL MUNICIPAL
CODE BY ADDING A NEW CHAPTER 8.06 THERETO, ENTITLED, 'BINGO GAMES" - File 13-8
After discussion, Councilman Miskimen moved and Councilman Jensen seconded, to continue this item to
the December 19, 1977 Council meeting to give the City Attorney, Chief of Police and Mr. Bruce Egnew
an opportunity to meet and confer on possible amendments to the ordinance.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT:000NCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1282, AMENDING SECTION 10.04.080 OF CHAPTER 10.04, BUSINESS LICENSE
E OF THE SAN RAFAEL MUNICIPAL CODE, BY CHANGING THE INCREMENTAL PENALTY FEES FOR DELINQUENCY OR FAILURE
TO PAY THE REQUIRED BUSINESS LICENSE FEE FROM TEN PERCENT ON THE AMOUNT DUE TO TWENTY-FIVE PERCENT ON
THE AMOUNT DUE - File 9-10
CHARTER ORDINANCE NO. 1282 - An Ordinance of the City of San Rafael Amending Section 10.04.080 of
Chapter 10.04, Business License, of the San Rafael Municipal Code, by Changing the Incremental Penalty
Fees for Delinquency or Failure to Pay the Required Business License Fee from Ten Percent on the Amount
Due to Twenty-five Percent on the Amount Due, was adopted as an ordinance of the City of San Rafael
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SELECTION OF ARCHITECT - PICKLEWEED PARK - File 2-1-55
Councilman Miskimen moved and Councilman Mulryan seconded, that the firm of R. Bruce Shaffer and
Associates be selected for the design of Pickleweed Park, and that staff be authorized to negotiate
a contract for execution by the Mayor and City Clerk.
RESOLUTION NO. 5385 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With R. Bruce Shaffer and
Associates for Design of Pickleweed Park)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
FI
RE: PROPOSAL FOR DESIGN SERVICES - ALBERT PARK - File 4-3-66
Council reviewed letter from Royston, Hanamoto, Beck & Abey regarding changing of the master planning
for Albert Park.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve extending the Royston, Hanamoto,
Beck & Abey contract to include the additional $2,600 service charge.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSALS FOR LOW AND MODERATE INCOME HOUSING ADMINISTRATIVE SERVICES - File 147
Council heard from Martin Mackey and John Shellenberger of Ecumenical Housing, who stated they would
like to be involved in the planning and development process with regard to the proposed low and moderate
income housing. Douglas Bosco of the Marin County Housing Authority stated they are not at all in com-
petition with the Ecumenical group, but his proposal would be that the County Housing Authority would
sell revenue bonds, and administer the construction and later the management of the project. They
would at all times look to the City for direction.
After further discussion on various types of funding, Councilman Mulryan moved and Councilman Jensen
seconded, that the Marin County Housing Authority administer the program on the condition that they
use the design and other architectural services of the Ecumenical Housing.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON APPLICATIONS - PARKS & RECREATION COMMISSION VACANCY - File 9-2-4
The Council set January 9, 1978 at 7:30 PM to interview applicants for the Parks and Recreation
Commission vacancy, which was due to the resignation of Mr. Bruce Egnew.
RE: EXPIRATION OF PLANNING COMMISSIONERS' TERMS - File 9-2-6
Mayor Bettini announced that he had received a letter from Mr. Joseph Garbarino stating that he does
not want to compete for the Planning Commission vacancies, but will wait for another time.
Councilman Mulryan moved and Councilman Nixon seconded, to reappoint incumbents Albert J. Boro and
John A. Starkweather to four-year terms retroactive to July 1, 1977.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: BID OPENING - AWARD OF CONTRACT, FALKIRK CULTURAL CENTER RENOVATION AND RESTORATION
File 4-1-265 x 4-3-67
RESOLUTION NO. 5386 - RESOLUTION OF AWARD OF CONTRACT (To Joseph E. Redmond for bid items 12 through
16, bid amount $94,800)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
(Councilman Mulryan left meeting)
RE: REPORT ON PERSONNEL RULES AND REGULATIONS - File 7-2
After discussion of the revised Personnel Rules and Regulations, Councilman Nixon
moved and Councilman
Miskimen seconded, to
accept the staff proposal that the regulations be accepted
as written, and that
a public hearing be set for the Council meeting of January 16, 1978.
AYES: COUNCILMEN:
Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Mulryan
RE: PLANNING DEPARTMENT WORK PROGRAM MID -YEAR REVIEW - File 9-3-17
a. Progress Report
Councilman Jensen moved and Councilman Miskimen seconded, to accept the report as
submitted.
AYES: COUNCILMEN:
Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Mulryan
b. Additions and Revisions - Staff Recommendations
Councilman Nixon moved
and Councilman Miskimen seconded, to adopt the provisions
of the Work Program
for 1978.
AYES: COUNCILMEN:
Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Mulryan
(Councilman Mulryan returned)
5
The Council adjourned to Executive Session to discuss property acquisition.
JEANNE M. LLEONCIN , City Clerk
APPROVED THIS / '� ;LZ DAY OF , 1977
MAYOR OF TH IT F SAN RAF EL
In the Council Chambers of the City of San Rafael, Monday, December 19, 1977, at 8:00 PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Mulryan seconded, to approve the recommended action on the
following consent calendar items:
Item Recommended Action
Approval of Minutes of November 29 and December 5, Approved as submitted.
1977 Meetings.
Claim for Damages - Joyce Wycoff
File No. 3-1-316
Resolutions Permitting Use of Alcoholic Beverages on
City -owned Property: File 9-3-65
a. San Rafael Cummunity Center and Terra Linda
Recreation Center
b. City Parks
Statements of Disclosure re Property Interests of
Redevelopment CAC Members in Central SR Redevelopment
Project - File 140
Resolution Accepting One -Third Interest (Parcel C)
in the Nunes Open Space Property - File 13-14-1
East San Rafael Drainage Assessment District No. 1 -
Use of District Funds for Maintenance Purposes -
File 6-22
Reopening of Open Space and Parks Areas -
File 13-5 x 12-5 x 9-3-65
Report on Cable Television Matters: File 9-7-4
a. Cable TV Service in Fairhills
b. Senior Citizen Rates
c. Proposed Pay TV
d. Franchise Renewal
Communication from San Quentin Disposal re Permit -
File 160
Denied and referred to Insurance Carrier.
RESOLUTION NO. 5387 - PERMITTING THE USE
OF ALCOHOLIC BEVERAGES AT THE SAN RAFAEL
COMMUNITY CENTER AND THE TERRA LINDA
RECREATION CENTER
RESOLUTION NO. 5388 - PERMITTING THE
LIMITED USE OF ALCOHOLIC BEVERAGES IN
CITY PARKS
Statements accepted.
RESOLUTION NO. 5389 - RESOLUTION OF ACCEP-
TANCE OF GRANT OF ONE-THIRD (1/3) INTEREST
IN REAL PROPERTY (Nunes)
RESOLUTION NO. 5394 - DECLARING SURPLUS IN
IMPROVEMENT FUND, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 1, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA
Report of Fire Chief Accepted.
Continued to February 6, 1978 meeting.
Approved request to close at 1:00 PM on
Christmas Eve and New Years Eve.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: AUTHORIZATION TO SOLICIT BIDS FOR POLICE VEHICLES - 4-2-125 x 9-3-30
After discussion Councilman Mulryan moved and Councilman Nixon seconded, to approve staff recommendation
and authorized staff to prepare and accept bids for eight police vehicles for San Rafael, two for
Fairfax, and two for Corte Madera.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: COMMUNICATION FROM U. S. DEPARTMENT OF THE INTERIOR RE DEVELOPMENT OF NIKE SITE, BARBIER PARK
Fila 9-1-10
Councilman Mulryan moved and Councilman Nixon seconded, to approve staff recommendation that they reply
to the letter from the Department of the Interior, explaining that the delay in development of the
property has been due to lack of funds.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
7
RE: PUBLIC HEARING - DESIGNATION OF 241 WEST END AVENUE AS AN HISTORICAL LANDMARK, MR. & MRS. JOSEPH
CANALE AND DR. ARTHUR CIANCUTTI, OWNERS; AP 12-031-24 - File 13-14-2
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was
declared closed.
RESOLUTION NO. 5390 - DESIGNATING 241 WEST END AVENUE SITE AS AN HISTORICAL LANDMARK
AYES: COUNCILMEN: Jensen, Mulrya, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: UP76-65(b) DeLONG CHEVROLET USE PERMIT FOR USED CAR SALES, 550 WEST FRANCISCO BLVD.; CLARENCE
A DeLONG. OWNER, M DISTRICT; AP 13-051-07 & 08 - File 10-5
Staff recommended that on the basis of the meeting held with Mr. Donald DeLong and the agreement in
writing, it would be appropriate for the City Council to extend the use permit for an additional 60
days and to authorize the Planning Director to further extend it up through its original termination
period of July 26, 1978, subject to amending the conditions by adding conditions (a) through (f).
Councilman Jensen moved and Councilman Mulryan seconded, to sustain the appeal under the conditions set
forth by the Planning Commission.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: COMMUNICATION RE HOUSING & COMMUNITY DEVELOPMENT ACT FUNDS - File 4-13-38
Council reviewed staff recommendations for projects for the three-year program: Handicapped Facilities,
Downtown Area; Pickleweed Park; Albert Park Improvements; and Francisco Blvd. Beautification.
Councilman Jensen moved and Councilman Mulryan seconded, to accept the recommendations of staff.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: DISCUSSION OF REVISED GUIDELINES - LOCAL PARKS ASSISTANCE PROGRAM - File 9-3-66
City Manager Bielser reported that the Board of Supervisors is now considering sharing the Local Parks
Assistance Program funds with the school districts. He expressed the opinion that the $200,000 involved
does not go far enough among the cities and community service districts, let alone complicating the
program by adding the school districts.
Councilman Mulryan moved and Councilman Jensen seconded, to approve the objection of use of the Local
Parks Assistance funds by school districts.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1280, AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING
A NEW CHAPTER 10.85 ENTITLED, "POLICE ROT TION TOWING SERVICES - File 11-8
CHARTER ORDINANCE NO. 1280 - An Ordinance of the City of San Rafael Amending Title 10 of the San Rafael
Municipal Code by Adding a New Chapter 10.85 Entitled, "Police Rotation Towing Services, was adopted
as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: ORDINANCE NO. 1281 - AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY
ADDING A NEW CHAPTER 8.06 THERETO ENTITLED, BINGO GAMES - File 13-8
Councilman Mulryan moved and Councilman Jensen seconded, to approve the amendments and pass
Ordinance No. 1281 to print as amended.
An Ordinance of the City of San Rafael Amending Title 8 - "Morals & Conduct" of the San Rafael Muni-
cipal Code by Adding a New Chapter 8.06 Thereto Entitled, "Bingo Games", and numbering Charter Ordinance
No. 1281, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: COMMUNICATION FROM LOUISE SOUSA RE PRIVATE PARKING LOTS - File 13-1-1
Mrs. Louise Sousa requested that the Council pass an ordinance covering citations for non -handicapped
persons parking in private parking lots. She asked for patrols in certain specified areas of San
Rafael.
The possibility of an ordinance authorizing ticketing of such persons when a call is received from a
property owner or private citizen, rather than entering into an expensive police patrol program, was
discussed. Police Chief Benaderet stated that the on-call procedure would be workable but that he
would prefer to check it out with the County's judicial system with regard to their upholding a
charge when it is not a constant enforcement.
Mrs. Sousa reported that a State law is going into effect January 1, 1978, which levies a $25.00 fine
for persons illegally parked in a handicapped stall.
Councilman Mulryan moved and Councilman Nixon seconded, to authorize staff to prepare an ordinance to
effect the citing of people in private parking lots who are illegally parked in handicapped spaces
either on receipt of a call or by personal observation of a police officer.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
City Manager Bielser suggested that signs could be erected, stating that citations will be issued for
parking in the handicapped spaces, He felt that would serve as a deterrent to people parking in the
spaces.
RE: REPORT ON CRIME STATISTICS - File 9-3-30
Council accepted with thanks a report from Police Chief Benaderet, giving crime statistics from
January through November 1977, and indicating that the overall crime rate has decreased by 22.5%.
RE: REPORT ON MANAGEMENT SALARY RECOMMENDATIONS, CALENDAR YEAR 1978 - File 7-3 x 9-1
RESOLUTION NO. 5391 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5135 PERTAINING TO THE COMPENSATION FOR
MANAGEMENT AND UNCLASSIFIED EMPLOYEES (To include the City Manager)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
An Ordinance of the City of San Rafael Providing for Cost of Living Increase for City Council, and
numbering Charter Ordinance No. 1286, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: REPORT ON COUNTY'S PARTICIPATION IN OPEN SPACE - File 4-13-51
RESOLUTION NO. 5392 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Marin County Open Space
District, Joint Powers Agreement to Provide for Joint Ownership of Property
Formerly Owned by Knox, Nock and Turrini). (Paragraph 3b of Joint Powers Agree-
ment deleted.)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: URGENCY ORDINANCE ESTABLISHING TIME LIMITS FOR THE LA FARGUE LAUNDRY PARKING LOT - File 11-18
CHARTER ORDINANCE NO. 1284 - An Urgency Ordinance of the City of San Rafael Amending Title 5, Chapter
5.60, Section 5.60.068, Ten Hour Parking Meter Zones, and Section 5.60.070, Two Hour Parking Meter
Zones, by Adding Thereto Additional Parking Lot Facilities, was adopted as an urgency ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: BID OPENING - AWARD OF CONTRACT FOR IRWIN ST. SIDEWALK IMPROVEMENTS - Fiel 9-3-40
RESOLUTION NO. 5393 - RESOLUTION OF AWARD OF CONTRACT (To Ghilotti Bros., Inc., $21,292.00)
AYES: COUNCILMEN: Jensen, Mulryan- and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
ABSTAINED: COUNCILMEN:Nixon (Due to conflict of interest)
RE: REVIEW OF CULTURAL AFFAIRS COMMISSION PROGRAMS - File 9-2-24
After discussion Councilman Mulryan moved and Councilman Nixon seconded, that Cultural Affairs programs
should be cleared through the City Council, and that two Cultural Affairs commissioners shall meet with
two members of the City Council to discuss areas of programming and policy matters.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: REPORT ON MEETING RE CHINA CAMP STATE PARK - File 9-3-66
Recreation Director Jauch briefed the Council on the hearing conducted by the State Department of Parks
& Recreation on December 14, to hear public comment on whether to classify China Camp as a recreation
area, state park or historical unit.
The consensus of the people present was to classify the area (approximately 35 acres) as a state park
and to retain and protect the historical significance of the Chinese and Miwok cultures. Many of the
buildings date back to the turn of the century.
Mr. Jauch informed the Council that the State Park & Recreation Commission is meeting on January 13th
to determine the classification for the site, so if the Council wishes to make a recommendation it should
be done before that date.
City Manager Bielser suggested a public hearing at the meeting of January 3rd, and stated that mean-
while homeowners groups could be contacted for input. Council agreed on setting the public hearing.
RE: ORDINANCE DESIGNATING CITY ENGINEER OR HIS DESIGNEE AS BUILDING OFFICIAL - File 7-4 x 9-3-40
An Ordinance of the City of San Rafael Amending Title 12 of the San Rafael Municipal Code by Adding
Thereto Chapter 12.04 Entitled, "Building Division and Designation of Building Official", and numbering
Charter Ordinance No. 1285, was read, introduced and ordered passed to print by the following vote, to
wit.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: NOTIFICATION PROCEDURES FOR PLANNING COMMISSION ACTIONS - File 9-3-17
Council reviewed the staff study on Planning Notification Procedures, the stated purpose of which is to
provide adequate notification to those who may reasonably be affected by a zoning or subdivision action,
with proper consideration for the time and cost of mailing such notifications.
Councilman Mulryan moved and Councilman Nixon seconded, to approve the policy.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: COMMUNICATION RE FAMILY AND CHILDREN SERVICES ADVISORY COMMITTEE - File 160
Item continued to a later date at request of the Advisory Committee.
ADDITIONAL ITEMS
RE: REPORT RE FAU FUNDS - File 4-8-18
City Manager Bielser reported that the City was granted an 83% contribution on their application for
FAU funds for the Bellam Boulevard widening project, thereby supplanting Redevelopment funds, and the
17% match between the Redevelopment Agency and the State will be worked out. The Agency would acquire
the right-of-way. It appears that this action saves $500,000 to $600,000 in Redevelopment expenditures.
RE: OAK VIEW SCHOOL SOCCER FIELDS - 9-3-65
Councilman Mulryan announced that he has been in contact with the Dixie School District, in connection
with development of soccer fields in that area. The District asked Councilman Mulryan to meet with
them and to bring Dennis Jauch to explore possibility and discuss funding, and bring the proposal back
to the Council.
Councilman Mulryan was appointed a committee of one, to bring Mr. Jauch and meet with Dixie School
representatives, and report back to the Council.
The Council adjourned to Executive Session to discuss property acquisition.
APPROVED THIS
A.
J ANNE M. LEONCINI, City Clerk
3 DAY OF
MAYO OF THE CITY OF -SAN RAFAEL
1978.
10
In the Council Chambers of the City of San Rafael, Tuesday, January 3, 1978, at 8:00 PM.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the
following consent calendar items:
Item Recommended Action
Approval of Minutes of December 19, 1977 Meeting. Approved as submitted.
Adoption of State of California, Department of Trans- Adopted by motion.
portation, 1978 Standard Specifications - File 9-3-40
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - REVIEW OF ALTERNATIVE RECREATIONAL PLANS FOR CHINA CAMP STATE PARK - File 12-5
x 9-3-66
Mayor Bettini declared the public hearing opened.
Recreation Director Dennis Jauch informed the Council that after attending the public hearing conducted
by the State Parks & Recreation Department, it is staff's recommendation that the China Camp develop-
ment be designated as a State Park and that the approximately 35 acres containing evidence of Chinese
and Miwok cultures be preserved. Mayor Bettini asked how soon a decision by the Council should be
made as to their recommendation and Mr. Jauch reported that there will be another hearing, on January
13th in Salinas at which time the designation for the area will be decided.
Council then heard from Mr. Robert Winkler, president of the Peacock Gap Homeowners Association. The
Association concurs in the name "China Camp State Park" and the preservation of the areas containing
Chinese and Miwok culture. They favor controlling traffic by having people park at the Civic Center
and use a shuttle service from there to points within the park. Foot traffic and bicycle traffic would
be allowed at all times. They also favor restricting of entry from adjacent neighborhoods. The Asso-
ciation also recommended that North San Pedro Road be renamed "China Camp Road". Finally, they re-
commended that the Director of Recreation organize a Citizens Advisory Committee to participate in the
planning stages of the park. They offered their help in any capacity which would be of assistance.
Mr. Chuck Wood, president of Glenwood Homeowners concurred in Mr. Winkler's remarks and added that the
state park portion of the park should be open for day camping, hiking and similar uses but that re-
creational vehicles should be excluded.
Dr. William Ford of Peacock Gap stated that he is aware of the concern of the Santa Venetia residents
about routing of traffic through their area. He pointed out that the southern route is very circuitous,
and that the Civic Center would provide adequate parking and a much more direct route to the park.
Mrs. Dora Knell of Peacock Gap inquired about retention of fishing facilities and was assured that the
City would recommend this among recreational facilities for the State Park portion of the area.
Mr. Dale Klein of Santa Venetia spoke about limited use of the park for recreation in order to preserve
the culture areas, and favored two gates to control traffic. He stated that he is against the renaming
of North San Pedro Road to "China Camp Road"
There being no further input, the public hearing was closed.
After discussion Councilman Miskimen moved and Councilman Nixon seconded, to recommend the area be
designated as "China Camp State Park"
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Mulryan then moved and Councilman Jensen seconded, that the Council support the State Park
for the area, including a historical preserve therein and support the continued existence of the
historical buildings, access by the public and use by the present owners.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
It was agreed that a letter to the State Department of Parks and Recreation should include the fact that
the Council is concerned about the traffic situation, and the other items which the property owners'
associations have pointed out, also that the Council will be in a position later to give more detail,
and that they desire to participate in the final discussions.
RE: PUBLIC HEARING - AMENDMENT OF CITY "SIGN ORDINANCE" (Z76-1) - File 125 x 9-2-10 x 9-2-6
Mayor Bettini declared the public hearing opened.
11
Planning Director Hotchner explained the modifications and amendments to the sign ordinance.
Council heard a brief resum6 from Cliff Lund on the actions taken by the Sign Ordinance Review Sub-
committee in revising the sign ordinance.
Council then heard a brief presentation from Alan Wadsworth of American Sign & Indicator, on Unex
display panels for public service displays.
There being no further public input, the public hearing was closed.
Councilman Mulryan moved and Councilman Miskimen seconded, that the sign ordinance be passed to print,
with staff being given latitude to make editorial corrections as suggested.
An Ordinance of the City of San Rafael Amending Title 14 - "Zoning" of the San Rafael Municipal Code
by Repealing and Reenacting Chapter 14.12 therein, entitled: Sign Ordinance, and numbering Charter
Ordinance No. 1287, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5398 - RESOLUTION OF APPRECIATION (To Sign Ordinance Review Subcommittee members
Clifford S. Lund, Dorothy L. Breiner, Robert Hoffman, Richard Aunger, Sue
Lifschiz and John Galbraith)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - REQUIREMENT OF ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT - BUSINESS
& INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER; END OF ANDERSEN DRIVE; MAGGIORA & GHILOTTI, INC.,
OWNERS, GONZALEZ, OBERKAMPER, ROBERTS, McCARTHY, REPS.; AP 18-180-03 & 04 - File 10-6
Item continued to meeting of February 6, 1978, at request of appellant.
RE: PUBLIC HEARING - UP77-27(b) - SIX-FOOT FENCE IN REVERSE CORNER, SIDE/REAR YARD SETBACK; 222 ,ARIAS
STREET; CLYDE LUCERO, OWNER; FRED FURUICHI, REP.; R-1 DISTRICT; AP 175-312-16 - File 3-3-25 x 10-5
Mayor Bettini declared the public hearing opened.
Council heard from Timothy Davis, attorney for Mr. Lucero, the appellant, He stated that Mr. Lucero
has had his shrubbery damaged and wants to protect it. Mr. Davis cited Section 14.16.030 of the
Zoning Ordinance, which he felt was being misinterpreted in denying the six-foot fence. He cited the
fact that there are many six-foot fences in the neighborhood.
Council then heard from Gustaf Stalin, whose property at 9 Elena Circle would be affected by the pro-
posed fence. He objected on the basis that the fence would block the light and air from the front
of his house. He also cited the petition which he had circulated in the neighborhood in which the
neighbors objected to the fence.
There being no further public input, the public hearing was closed.
After discussion Councilman Jensen moved and Councilman Nixon seconded, that the appeal be sustained
and Mr. Lucero be allowed to build the fence as outlined in Plan "B"
AYES: COUNCILMEN: Jensen, Nixon
NOES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion failed. Planning Commission decision is upheld and appeal denied.
RE: FINAL ADOPTION - ORDINANCE NO. 1281, AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL
MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 ENTITLED, "BINGO GAMES" - File 13-8
! CHARTER ORDINANCE NO. 1281 - An Ordinance of the City of San Rafael Amending Title 8 - "Morals &
-- Conduct" of the San Rafael Municipal Code by Adding a New Chapter 8.06 Entitled, "Bingo Games", was
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1283, AMENDING ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO RECLASSIFY CERT
REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT BY ADOPTING
AMENDMENT TO THE DEVELOPMENT PLAN RE LANDS OF PAGANINI - File 5-2-73
CHARTER ORDINANCE NO. 1283 - An Ordinance of the City of San Rafael Amending Zoning Map of the City of
San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so
as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Develop-
ment) District by Adopting Amendment to the Development Plan, was adopted as an ordinance of the City
of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
12
RE: FINAL ADOPTION - ORDINANCE NO. 1285, AMENDING TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING
THERETO CHAPTER 12.04 ENTITLED, "BUILDING DIVISION AND DESIGNATION OF BUILDING OFFICIAL -
File 7-4 x 9-3-40
CHARTER ORDINANCE NO. 1285 - An Ordinance of the City of San Rafael Amending Title 12 of the San Rafael
Municipal Code by Adding Thereto Chapter 12.04 entitled, "Building Division and Designation of Building
Official", was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1286, PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL -
File 9-1
CHARTER ORDINANCE NO. 1286 - An Ordinance of the City of San Rafael Providing for Cost of Living In-
crease for City Council, was adopted as an ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REVIEW OF PRIORITY PROJECTS UNDER THE HOUSING & COMMUNITY DEVELOPMENT ACT - File 4-13-38
Council reviewed the staff report on the projects which were determined by the Priority Setting
Committee for the 1978/79 fiscal year. Pickleweed Park was approved for development assistance in
the amount of $100,000.
Council accepted the report as submitted, and agreed to attempt to find funds for the handicapped
facilities for the downtown area, which was excluded from the approved projects. Also, the Council
members in the future will make every effort to attend and take part in the discussions on HCDA Funding.
RE: REPORT ON ACTIONS OF THE PARKS & RECREATION COMMISSION - File 9-2-4
a. Request of Gallinas Village Community Services District re Joint Recreational Proarams
Administered by the City - File 4-10-107
After reviewing the program, which the Parks & Recreation Commission and Recreation
staff recommended be approved, Councilman Miskimen moved and Councilman Mulryan seconded,
that the program be approved on a one-year trial basis.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixona and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
b. Request for Day Care Program at Bahia Vista School.
Council reviewed the request, and the recommendation of the Parks & Recreation Commission
and Recreation staff that the request be denied.
Councilman Jensen moved and Councilman Mulryan seconded, to accept the recommendation of
the Parks & Recreation Commission and deny the request for the Day Care Program.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
c. Final Adoption of Recreation Department Goals and Policies.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the goals and policies
as submitted.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixona and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON LIABILITY INSURANCE - File 9-6-1 x 4-10-109
Council reviewed a report from staff in which the various types of insurance programs were outlined.
Finance Director Coleman's and City Manager Bielser's recommendation was that the City establish a
modified self-insurance program, with a $50,000 deductible. Two firms, R. L. Kautz and George Hills
Company, were considered for administering the self-insurance program.
After discussion Councilman Mulryan moved and Councilman Nixon seconded, to approve full coverage,
excluding false arrest, bodily injury and collision on Police vehicles.
AYES: COUNCILMEN: Mayor Bettini
NOES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
ABSENT: COUNCILMEN: None
Motion failed.
13
Councilman Nixon then
moved and Councilman Miskimen seconded, to enter into a
program with Admiral
Insurance, with $50,000 deductible, at an annual premium cost of $104,335.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan and Nixon
NOES:
COUNCILMEN:
Mayor Bettini
ABSENT:
COUNCILMEN:
None
RESOLUTION NO. 5395 -
A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH R. L. KAUTZ FOR
LIABILITY SELF-INSURANCE SERVICES
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RESOLUTION NO. 5396 -
RESOLUTION ESTABLISHING A LIABILITY INSURANCE RESERVE FUND ($50,000)
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
Councilman
Jensen then
moved and Councilman Nixon seconded, to approve staff
recommendation that City
should
receive $10,433
from Redevelopment Agency for their contribution for
next year's premium and
$40,118
for their portion
of premium for the last three years; the remaining
premium of $85,257 to be
funded
from general
fund reserve.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan and Nixon
NOES:
COUNCILMEN:
Mayor Bettini
ABSENT:
COUNCILMEN:
None
Councilman
Nixon then
moved and Councilman Jensen seconded, that the policy
exclude collision on Police
cars.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
(Councilman Miskimen left meeting)
RE: 1978/79 FEDERAL -AID URBAN PROGRAM - File 11-15-1
RESOLUTION NO. 5397 - APPROVING THE 1978/79 FEDERAL -AID URBAN PROGRAM RECOMMENDED BY THE MARIN
COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
(Councilman Miskimen returned)
RE: REQUEST OF MARIN MUNICIPAL WATER DISTRICT TO INCREASE HYDRANT RENTAL BY 234° - File 151
Council directed that a letter be sent to MMWD, objecting to the increase, and stating that if such
increase is contemplated public hearings should be held and cities be allowed to discuss the matter
with the Water District.
RE: REVIEW OF SPECIAL CONDITIONS REQUIRED BY THE ECONOMIC DEVELOPMENT ADMINISTRATION
Affirmative Action - File 7-4
Item discussed, and continued to January 16, 1978 meeting.
RE: REVIEW OF ACTION OF MARIN COUNTY BOARD OF SUPERVISORS RE ONE-YEAR C.E.T.A. PROJECTS -
File 4-13-41
Council reviewed staff report outlining a new set of rules unilaterally adopted by the Board of Supervi-
sors regarding administration of the one year CETA projects. Under the new program the City is being
asked to return approximately $40,000 which would be reprogrammed, and staff recommended that the funds
be used for six projects requested by City departments, and requested authority to proceed with applica-
tions for the projects.
Staff also recommended that the Council voice its displeasure with the Board of Supervisors for formulat-
ing new policy without prior consultation with cities and towns in Marin.
Councilman Nixon moved and Councilman Jensen seconded, to accept the staff recommendations, and grant
authority to proceed with applications.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
14
The Council adjourned to Executive Session to discuss property acquisition.
EANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 1978
MAYOR OF THE CIT ? -10F SAN RA AEL
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
In Room 201, in the City Hall of the City of San Rafael, Monday, January 9, 1978, at 7:30 PM.
Special Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk
Three applicants were interviewed for one vacancy on the Parks and Recreation Commission due to the
resignation of Bruce Egnew:
Richard L. Arnold
Leonard F. Fisher
George Obana
City Manager Bielser informed the Council that a fourth applicant, Loretta Persichilli, had asked that
her name be withdrawn.
After deliberation Councilman Jensen moved and Councilman Nixon seconded, to appoint George Obana to
fill the unexpired term of Bruce Egnew, which term expires October, 1978.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
The Council adjourned to their regular meeting of January 16, 1978.
APPROVED THIS
A E M. LEONCINI, City Clerk
DAY OF , 1978.
MAYOR OF THE CITY OF SAN RAFAEL
15
In the Council Chambers of the City of San Rafael, Monday, January 16, 1978, at 8:00 PM.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of January 3 and January 9,
1978 Meetings
Joint Powers Agreement - State Department of
Parks & Recreation Grant Assistance Program
File 4-10-106 x 2-1-55
Approval of Memorandum of Understanding with
Gallinas Community Services District -
File 4-10-107 x 9-2-4
Special Conditions Required by Economic
Development Administration - File 7-4
Setting Public Hearing for Historical
Landmark Designation for 418 Mission
Avenue - File 13-14-2
Recommended Action
Approved as submitted.
RESOLUTION NO. 5399 - AUTHORIZING THE SIGN-
ING OF A LEASE OR AGREEMENT (Joint Powers
Agreement w/San Rafael Redevelopment Agency
to Obtain State Grant Assistance for
Pickleweed Park)
RESOLUTION NO. 5400 - AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT (Memorandum of Under-
standing with Gallinas Village Community
Services District re Participation in City
Recreation Programs)
Continued to February 6, 1978 meeting.
Public Hearing set for March 6 1978.
Training Program, California State RESOLUTION NO. 5401 - AUTHORIZING AND
Police Division - File 9-3-30 DIRECTING THE CITY MANAGER TO EXECUTE
TRAINING AGREEMENTS BETWEEN THE POLICE
DEPARTMENT OF THE CITY OF SAN RAFAEL AND THE
STATE OF CALIFORNIA STATE POLICE DIVISION
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT AND RECOMMENDATION BY PLANNING COMMISSION ON ADDITION TO SIGN ORDINANCE BY CITY COUNCIL
File 125 x 9-2-10 x 9-2-6
Council reviewed report that the Planning Commission had unanimously recommended favorably to the
City Council on the addition of a third paragraph to Sec. 14.12.08(A) on Page 30 of the Ordinance.
Councilman Mulryan moved and Councilman Miskimen seconded, that the recommendation of the Planning
Commission be accepted.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - UP77-89 - CONVERSION OF RESIDENCE TO OFFICE; 527 MISSION AVENUE; ROBERT &
JEANETTE PIDCOCK, OWNERS; ALLEN HOCK, REP.; R-3 DISTRICT; AP 14-083-02 - File 10-5
Mayor Bettini declared the public hearing opened.
Planning Director Hotchner reviewed for the Council the Planning Commission's action at their meeting
of December 13, 1977, in which they denied the use permit, with the finding that: The area is residen-
tial and this denial was based upon preserving the residential use of the area, and to maintain the
stock of moderate income housing, consistent with the stated goals of the General Plan. Mr. Hotchner
informed the Council that the Planning Commission at their meeting on January 10, 1978 had passed a
resolution regarding preservation of the residential neighborhood, citing the boundaries as outlined in
the General Plan, and that this property falls within those boundaries. He stated that if the Council
upholds the appeal they cannot adopt a resolution based on that approved by the Planning Commission;
however, if the Council denies the appeal they can then adopt the resolution.
Mr. John Thomason, who wishes to have a business in the residence at 527 Mission Avenue informed the
Council that he had written a letter to the nearby residents, none of whom objected to the commercial
use of the residence.
Planning Commissioner Dorothy Breiner appealed to the Council to uphold the residential use of the
neighborhood in question.
W1,
There being no further input, the public hearing was declared closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to deny the appeal.
AYES:
COUNCILMEN:
Jensen,
Miskimen,
Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RESOLUTION
NO. 5402 -
RESOLUTION
OF THE
SAN RAFAEL CITY COUNCIL CONCERNING
PRESERVATION
OF THE
RESIDENTIAL NEIGHBORHOOD
WHICH GENERALLY LIES IN THE
AREA FROM THE
SOUTH
SIDE OF
BELLE TO
AND INCLUDING THE EAST SIDE OF GRAND, THE NORTH SIDE
OF
MISSION
TO MARY STREET,
WEST SIDE OF MARY TO FOURTH,
TO IRWIN AND
NORTH TO
BELLE;
EXCLUDING
THOSE LOTS AND STRUCTURES FACING ON
FOURTH OR ON
IRWIN
AYES:
COUNCILMEN:
Jensen,
Miskimen,
Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RE: PUBLIC
HEARING -
REVISED
PERSONNEL
RULES AND REGULATIONS FOR THE CITY
OF SAN RAFAEL
- File 7-2
Continued to a future date, to give administration an opportunity to meet with employee negotiating
groups.
RE: REPORT ON SAN RAFAEL YACHT CLUB LEASE REQUEST - File 2-8-11
Council considered a letter from the San Rafael Yacht Club, requesting extension of their lease agree-
ment for an additional five years from April 1, 1978 when their current lease expires.
Staff was directed to evaluate the lease and obtain an appraisal on the land on which yacht club
stands. It was pointed out that the yacht club owns the building.
Item was continued awaiting report from staff.
RE: PROGRESS REPORT, NEIGHBORHOOD STANDARDS ORDINANCE - File 153
Council heard a report from Planning Director Hotchner on the progress being made by the Planning
Commission on the ordinance. Mr. Hotchner was directed to pass on to the Commission that the Council
is asking for completion of the ordinance and wants the Commission to place it on their next agenda.
Also, homeowners' groups are to be notified that the Commission will be considering the ordinance at
that time.
RE: FALKIRK RESTORATION PROJECT - File 4-10-108 x 4-3-67
a. Notification of Grant Award
Council reviewed a report from Assistant City Manager Meador that the City has been notified of a
$45,000 award from the Office of Historic Preservation for the Falkirk Restoration Project. This
award, when combined with other available monies, will permit completion of exterior repair and
painting. Reconstruction of front stairs, which have been strengthened and do not present an
immmediate hazard, will be deleted from the current project.
b. Request for Authorization to Submit Additional Application
Staff also requested approval to submit an application for funding in the next fiscal year for
additional repairs.
RESOLUTION NO. 5403 - APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION
GRANTS-IN-AID FUNDS FOR FALKIRK COMMUNITY CULTURAL CENTER PROJECT
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5404 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Re Grant Award for Falkirk
Restoration Project)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON BIDS, POLICE VEHICLES - File 4-2-125 x 9-3-30
Councilman Jensen moved and Councilman Miskimen seconded that all bids be rejected and re-advertized
specifying a maximum distance so that servicing of vehicles would not be a problem. This stipulation
had been omitted from specifications.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SENIOR CITIZEN HOUSING PROJECT - APPLICATION FOR FUNDING ASSISTANCE UNDER
HOUSING AND COMMUNITY DEVELOPMENT ACT FOURTH & UNION STS. - File 147
Staff recommended that they be authorized to submit a grant application for land acquisition for
$255,000, and $75,000 for other eligible activities connected with the Senior Citizen Housing Project
at Fourth and Union Streets, and $300,000 for land acquisition for the second increment of this project.
17
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the staff recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon,and Mayhor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
City Manager Bielser then asked permission to attempt to obtain the $85,000 in HCDA funds from last
year, to be used possibly toward Albert Park renovation. The Council asked that the attempt be made,
and agreed that part of the money if obtained could be used for curb cuts in the downtown area for the
handicapped.
RE: REPORT ON PG&E RATE INCREASES FOR LIGHTING
a. Request for Additional Funds for Street Lighting - File 9-3-40
Staff recommended appropriation of an additional $155,000 for street lighting charges.
b. Request to increase User Fees at Albert Park - File 9-10-2 x 9-3-65
Staff recommended increasing the fee for use of lights at the Albert Park baseball and softball
fields from $6.00 to $8.00 per hour.
Staff also recommended that they be authorized to investigate the feasibility of hiring an expert to
analyze the City's street lighting system to determine if substantial reductions can be made by revising
the street lighting system.
Councilman Nixon moved and Councilman Miskimen seconded, to approve the staff recommendations.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON 219 CANAL STREET - File 9-3-32 x 9-3-40
Council heard from members of the Canal Community Council and from residents of 219 Canal Street, with
regard to needed repairs.
Staff reported that repairs have begun on the property, and an inspector from the Building Division of
Public Works Department is inspecting the progress of the work.
Wm. Desmond, Director of the County's Environmental Services, explained the function of his office in
reporting unsafe and/or unsanitary conditions and deficiencies as they are found. After discussion,
staff was directed to set up a system for taking care of structural deficiencies, working in conjunction
with Environmental Services.
RE: RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION RE PROPOSED COMMUNITY THEATER GROUP - File 9-2-24
Council reviewed the proposal for a community theater group, to commence at Falkirk and later move to
the Community Center.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the program, and to review it
after a year.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON ASSEMBLY BILL 884 (DEVELOPMENT PROJECTS - ENVIRONMENTAL QUALITY) - File 162 x 9-3-16
Council reviewed a resume' of the Bill, and after discussion with Assistant City Attorney Bullard,
directed that a task force be formed to present observations and recommendations to the Council at
an early date.
Council adjourned to Executive Session to discuss property acquisition.
ANNE M. LEON INI, ity Clerk
APPROVED THIS b 76/ DAY OF 1978.
MAYOR OF THE CITY Or SAN RAFAEL
W
In the Council Chambers of the City of San Rafael, Monday, February 6, 1978, at 8:00 PM.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Absent: Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick,
City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of January 16, 1978 Meeting
Claim for Damages - Lily B. Cuneo and
Joseph D. Cuneo - File No. 3-1-318
Resolution Establishing Fees for Organizations
Desiring to Provide Bingo Playing - File 13-8
Grant of Easement - Off Diaz Way in Terra Linda
File 2-2
Revised Agreement with PG&E for Gas Service -
Civic Center Fire Station - File 4-1-261
Business License Fees for Mini -Warehouses -
Status Review - File 9-10-2
Amendment to 1975 DNOD Loan Agreement to
Correct Payment Schedule - File 4-10-81
Report on Meeting with Marin County Health
Department (Building Code Violations) -
File 9-3-32 x 9-3-40
Right of Entry and Hold Harmless Agreement for
Wolfe Grade Slide Repair - File 4-10-110
Rescheduling of Second Council Meeting in
February - File 9-1
Communication from United Cerebral Palsy
Association - File 154
Progress Report on Cable Television Matters -
Pilo Q -7-a
Appeal of Denial of Permit for Hot Tub Facility.
Appeal of Decision of Planning Commission -
P77-19 General Plan Amendment - Business &
Industrial Review Area to Multi -use Activity
Center, end of Andersen Drive (Maggiora &
Ghilotti, Inc., owners)
Recommended Action
Approved as submitted.
Denied and referred to insurance
carrier.
RESOLUTION NO. 5405 - ESTABLISHING
FEES FOR ORGANIZATIONS DESIRING TO
PROVIDE BINGO PLAYING
RESOLUTION NO. 5407 - RESOLUTION
ACCEPTING GRANT OF EASEMENT FOR ACCESS
AND ROADWAY PURPOSES
RESOLUTION NO. 5408 - AUTHORIZING THE
SIGNING OF A REVISED GAS SERVICE
CONTRACT WITH PACIFIC GAS AND ELECTRIC
COMPANY FOR GAS SERVICE TO THE CIVIC
CENTER FIRE STATION
Confirmed existing fees.
RESOLUTION NO. 5409 - AUTHORIZING
EXECUTION BY THE MAYOR AND CITY CLERK
OF THE AMENDMENT TO THE CALIFORNIA
DEPARTMENT OF NAVIGATION & OCEAN
DEVELOPMENT LOAN AGREEMENT
Report accepted.
RESOLUTION NO. 5410 - AUTHORIZING
EXECUTION OF A RIGHT OF ENTRY AND
HOLD HARMLESS AGREEMENT WITH JOHN
CONNOR, 20 UPPER TOYON ROAD, SAN
RAFAEL, CALIFORNIA
Due to Holiday, meeting Rescheduled to
February 21, 1978.
Referred to Police Department.
Continued to March 20, 1978 meeting.
Public Hearing set for February 21, 1978
meeting.
Continued to March 6, 1978 meeting at
Request of Appellant.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
19
RE: EXTENSION OF TIME FOR NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 - File 5-1-220
RESOLUTION NO. 5406 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL EXTENDING TIME FOR
COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 (To &
including December 3, 1978)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: SHANNON SUBDIVISION - File 5-1-235
After discussion, Councilman Miskimen moved and Councilman Jensen seconded, to approve the Parcel flap
for Four -Lot Subdivision on Lot 7.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 5411 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT DEED OF
ADDITIONAL RIGHTS-OF-WAY, SHANNON SUBDIVISION, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 5412 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION
OF AGREEMENT WITH DEVELOPER, SHANNON SUBDIVISION, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSAL FOR FIRE STATION LOCATION STUDY - 9-3-31
After discussion regarding whether the subject study would look toward possible consolidation within
the Fire Department regarding fire stations, Councilman Mulryan moved and Councilman Miskimen seconded,
to approve a contract with Public Technology, Inc., for a fire station location study in the amount of
$3,500, to be funded by surplus funds in the Fire Department budget.
AYES: COUNCILMEN: Jensen, Miksimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PUBLIC HEARING - UP77-96 & V77-25 - OFFICE CONVERSION, WITH NO PROVISION FOR ON-SITE PARKING;
2 BROOKDALE AVENUE; STANLEY FEINGOLD, OWNER & REP.; R-3 DISTRICT; AP 11-094-11 File 10-4 x 10-5
Mayor Bettini declared a conflict of interest and left the meeting. Vice -Mayor Jensen presided.
Vice -Mayor Jensen declared the public hearing opened.
Planning Director Hotchner briefed the Council, stating that staff agrees that the end of the street
is not used for public street parking purposes, and that there is space there which could be used for
parking. Title should be searched to see whether the City actually owns that area and, if not,
Mr. Feingold should take action to get a conveyance of the area to himself.
Mr. Feingold stated that he is seeking a conditional variance and use permit while he pursues the
title search on the area in question. He stated he has a title company presently conducting a title
search. He lost his lease in his former quarters and is presently conducting business at 2 Brookdale.
Mr. Hotchner stated that, in effect, conducting the business at 2 Brookdale without a use permit is
illegal and that any action taken aside from having the Code Enforcement Officer close the business
down, would have to allow the appellant a time limit to try to remedy the situation by acquiring the
property for parking.
Mr. George Sinnott, whose mother owns the Lincoln Market at Linden Lane and Lincoln Avenue, asked for
additional parking at the side of the market on Linden Lane.
Mrs. Debbie Baker of 29 Brookdale spoke, opposing additional businesses located in their area.
Mr. Feingold stated that his use of the house is not a commercial one, in that there will be very
little traffic generated, and cited that many legal offices are even conducted in homes throughout the
area.
Vice -Mayor Jensen declared the public hearing closed.
After discussion Councilman Mulryan moved and Councilman Miskimen seconded, to grant conditional use
for 120 days, allowing time for the appellant to acquire property for parking. If he is not success-
ful he will come back to the Council with an explanation.
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
20
Councilman Mulryan then moved and Councilman Miskimen seconded, to grant a conditional variance to
run parallel to the use permit.
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
(Mayor Bettini returned to the meeting.)
RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z78-1) TO ADD MOTOR VEHICLE SERVICE USE DEVELOPMENT
STANDARDS AND RELATED CHANGES - File 10-3
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was
declared closed.
An Ordinance of the City of San Rafael Amending Title 14, Zoning, of the San Rafael Municipal Code by
Amending Ordinances Nos. 1020, Sec. 1 and 1007, Sec. 1 (Part), as Codified at Sections 14.08.140 M.,
14.52.050 and 14.56.020 Respectively, and Adding a New Chapter 14.63 Entitled, "Motor Vehicle Service
Uses", and numbering Charter Ordinance No. 1288, was read, introduced and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
The public hearing was reopened, in order to hear Steve Horgan, who stated that he had misunderstood
the proceedings, and wished to speak on the subject of restrictions on motor vehicle service estab-
lishments. Mr. Horgan was the lessee of 1542 Fourth Street, San Rafael, where he operated R&R Trans-
mission Service, which was destroyed by fire on April 23, 1977. Planning Director Hotchner stated
that wherever motor vehicle service uses are to exist they must exist subject to the conditions of the
ordinance.
Councilman Jensen stated he felt it was a moral issue, that since an existing business was burned out
it should be allowed to resume operation despite new regulations.
After discussion, Planning Director Hotchner suggested a compromise - since Mr. Horgan's problem re-
volves about deleting from the C-2 zone the capacity by use permit to have this type of use - that a
change be made in what the Planning Commission recommended to the Council, and pass the ordinance to
print with the change, to leave this category in the conditional uses and refer it back to the Plan-
ning Commission for recommendation, and pass the ordinance to print. If it is adopted in this way,
Mr. Horgan or anyone else still has a capacity to apply for a use permit in a C-2 zone for an automo-
bile service use, and to have it judged on its merits at the time it comes in.
Mayor Bettini stated he feels the ordinance is a good one, and he feels Mr. Horgan has a special
problem which would give him the right to come back in and build a building because he had a business
there for 17 years, providing he meets the present day standards of the building, the parking require-
ments and everything else which goes along with the present ordinance.
Councilman Mulryan moved and Councilman Miskimen seconded, to rescind the previous motion passing
subject ordinance to print.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Mayor Bettini then closed the public hearing.
Councilman Mulryan moved and Councilman Jensen seconded, to grant this type of conditional use in a
C-2 zone, and to refer to the Planning Commission for report and recommendation the proposed change,
and pass the ordinance to print with the informal understanding that staff will bring this back to
the Council for an amendment.
An Ordinance of the City of San Rafael Amending Title 14, Zoning, of the San Rafael Municipal Code by
Amending Ordinances Nos. 1020, Sec. 1 and 1007, Sec. 1 (Part), as Codified at Sections 14.08.140 M.,
14.52.050 and 14.56.020 Respectively, and Adding a New Chapter 14.63 Entitled, "Motor Vehicle Service
Uses", and numbering Charter Ordinance No. 1288, was read, introduced and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PUBLIC HEARING - ZONING TEST AMENDMENT (Z78-2) TO ADD ZONING ADMINISTRATOR OFFICE - File 9-3-17
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was
declared closed.
An Ordinance of the City of San Rafael Amending Title 14 of the San Rafael Municipal Code by Adding a
New Chapter 14.82 Entitled, "Zoning Administrator", and numbering Charter Ordinance No. 1289, was read,
introduced and ordered passed to print by the following vote, to wit:
4i
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 5413 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING PROCEDURES FOR
IMPLEMENTATION OF ZONING ADMINISTRATOR
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 5414 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE
SCHEDULE BY ADDING FEES FOR APPLICATIONS THAT ARE TO BE ACTED UPON BY THE ZONING
ADMINISTRATOR
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
(Councilman Miskimen left meeting)
RE: PUBLIC HEARING - PREZONING (PreZ78-3) B -BAR -A TRAILER RANCH; 742 FRANCISCO BLVD. (AP 18-011-06
FROM COUNTY; M -1-H TLIGHT INDUSTRIAL) ZONE TO CITY; 'U" (UNCLASSIFIED) DISTRICT - File 5-2-74
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing
was declared closed.
Councilman Mulryan moved and Councilman Jensen seconded, to make a negative declaration as to
environmental impact.
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen and Nixon
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 so as to Reclassify Certain Real
Property from M -1-H (Light Industrial) District to U (Unclassified) District, and numbering Charter
Ordinance No. 1290, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen and Nixon
RESOLUTION NO. 5415 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPLYING TO THE MARIN
LOCAL AGENCY FORMATION COMMISSION FOR AN ANNEXATION OF REAL PROPERTY KNOWN AS
B -BAR -A TRAILER RANCH, 742 FRANCISCO BOULEVARD (A.P. No. 18-011-06) PURSUANT TO
THE MUNICIPAL ORGANIZATION ACT
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen and Nixon
(Councilman Miskimen returned; Councilman
Jensen left meeting)
RE: HANDICAPPED PARKING RESOLUTION - File 13-1-1
RESOLUTION NO. 5416 - RESOLUTION OF THE CITY OF SAN RAFAEL DESIGNATING PARKING SPACES FOR DISABLED
PERSONS AND ENFORCING ILLEGAL USE OF DESIGNATED SPACES FOR THE DISABLED PURSUANT
TO CALIFORNIA VEHICLE CODE SECTIONS 22511.7 AND 22511.8
AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Nixon
RE: FINAL ADOPTION - ORDINANCE NO. 1287, AMENDING TITLE 14 - "ZONING" OF THE SAN RAFAEL MUNICIPAL
CODE BY REPEALING AND RE-ENACTING CHAPTER 14.12 THEREIN, ENTITLED, SIGN ORDINANCE - File 125 x
9-2-10 x 9-2-6
CHARTER ORDINANCE NO. 1287 - An Ordinance of the City of San Rafael Amending Title 14 "Zoning" of the
San Rafael Municipal Code by Repealing and Re-enacting Chapter 14.12 Therein, Entitled, "Sign Ordinance",
was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Nixon
Adoption included provision for correction of wording in Chart 14.12.02A.
(Councilman Jensen returned to meeting)
RE: URGENCY ORDINANCE TO EXTEND DOWNTOWN REVIEW DISTRICT BOUNDARIES ALONG BOTH SIDES OF FOURTH STREET
FROM LOOTENS PLACE EASTWARD TO HETHERTON STREET - File 10-2 x /0,1
CHARTER ORDINANCE NO. 1291 - An Urgency 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 Designate Certain Real Properties with a DRD (Downtown Review District)
Overlay Zone, was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
22
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON MEETING RE DIXIE SCHOOL FIELDS - File 4-7-3
Councilman Mulryan moved and Councilman Jensen seconded, to authorize staff to prepare joint powers
agreements with Dixie School District for use of athletic fields at Oak View and Bernard Hoffman schools.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON DISTRIBUTION OF HCDA HOUSING FUNDS - File 147
Council heard a report from City Manager Bielser, that San Rafael had been completely denied any
opportunity to use the $1,064,500 1978/79 appropriation for the cities in Marin County for housing.
After discussion Councilman Mulryan moved and Councilman Jensen seconded, to authorize staff and a
member of the Council to appear before the Board of Supervisors at their February 7th meeting and carry
the message that the City of San Rafael feels it should be considered for housing assistance funding;
and that if the City is not included it will pull out of the program.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON INSURANCE MATTERS - File 9-6-1
After hearing a report from Finance Director Coleman, Councilman Mulryan moved and Councilman Miskimen
seconded that: Claims up to $1,000 be handled by R. L. Kautz Co.; claims over $1,000 be on Council's
consent calendar, with recommendation from Claims Review Board and R. L. Kautz; defense of claims up to
$5,000 be handled by City Attorney's Office, and that claims over $5,000 be handled by an outside law
firm. R. L. Kautz and City's insurance carrier to be asked for recommendations for local legal firms.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: DISCUSSION OF FORMATION OF CITIZENS COMMITTEE TO ANALYZE THE JARVIS/GANN INITIATIVE - File 9-4
After discussion, it was decided to not pursue the citizens' committee idea.
The City Manager will prepare, as soon as possible, a comprehensive report for the Council, on curtail-
ment of operations in the event the Jarvis/Gann initiative is successful in June. The report will be
based on department heads' determinations regarding possible cutbacks within their departments. The
Council will use the City Manager's report as a basis for their deliberations in the event the initia-
tive is successful.
(Councilman Jensen left due to illness)
RE: REQUEST FROM CULTURAL AFFAIRS COMMISSION RE APPOINTMENT OF COUNCIL COMMITTEE - File 9-2-24
In response to a request from the Cultural Affairs Commission for a meeting with two Council members
to discuss future programming goals and objectives for the Falkirk Community Cultural Center, Councilmen
Miskimen and Mulryan were asked to make arrangements to attend a Cultural Affairs Commission meeting in
the near future.
RE: RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION RE SHOWCASE CONCERTS - File 9-2-24
Cultural Affairs Commission requested approval of a proposed program for a series of showcase concerts
at Falkirk. The performers would not be paid and the concerts would be offered free of charge to the
public. Tentative dates would be February 17th and March 10, 1978.
Councilman Miskimen moved and Councilman Mulryan seconded, to approve the concerts.
AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Nixon
RE: DISCUSSION OF MAKEUP OF COUNTY MANPOWER COMMISSION - File 164
Council considered a report from City Manager Bielser, pointing out that local government is not well
represented on the County Manpower Commission, and approved staff recommendation that they seek discus-
sion with the Board of Supervisors to reform the unfair situation with respect to representation by and
for cities.
RE: COMMUNICATION FROM TRINITY COMMUNITY CHURCH RE USE OF SAN RAFAEL HILL FOR EASTER SERVICES -
File 4-10-102
RESOLUTION NO. 5417 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Trinity Community
Church re Conducting of Easter Sunrise Services on San Rafael Hill)
AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Nixon
03
RE: REQUEST FROM PILGRIM PARK APARTMENTS RE ADVANCE OF FUNDING - File 4-10-105
Council considered a request from Pilgrim Park Apartments for advance of funds for installation of
a new roof, and interior improvements in the Recreation Center, for a total cost of $37,800.
Council suggested that it would be preferable for the County to advance the funds. The City will
write the Board of Supervisors and urge them to take positive action.
RE: REPORT ON EASTERN MARIN-SOUTHERN SONOMA WASTEWATER MANAGEMENT PLAN - File 165
After discussion, Council directed staff to prepare a letter similar to that sent by the City of
Larkspur. Letter will be signed by all Council members at the February 21, 1978 meeting.
The Council adjourned to Executive Session to discuss property acquisition.
E NE M. LEONCINI, City Clerk
APPROVED THIS � -/t/—D A Y OF , 1978.
t: �'-/ � A /-- �-./
MAYOR OF THE CIT OF SAN RAFAEL
24
In the Council Chambers of the City of San Rafael, Tuesday, February 21, 1978, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Vice -Mayor
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: PRESENTATION BY U.S. COAST GUARD - File 9-3-30
Commander Charles S. Mincks, U.S. Coast Guard, read a letter from Vice Admiral A. C. Wagner, Commander,
Twelfth Coast Guard District, commending the San Rafael Police Department and particularly the personnel
assigned to the marine division for the assistance and support provided to the Coast Guard during re-
cent months.
The letter stated that the actions of officers (dark Hedeen and Charles O'Neill of the "Mission City"
have been highly commendable.
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the
following consent calendar items:
Item
Claim for Damages - Chris Madera
File No. 3-1-320
Abatement of Fence Encroachment at
42 Miramar Avenue - File 3-3-24
Report on Urban Thoroughfare System
Fila a -11-A
AYES: COUNCILMEN: Miskimen, Mulryan,
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Recommended Action
Denied and referred to insurance carrier.
Set public hearing for March 6, 1978.
Accepted report.
Nixon and Vice -Mayor Jensen
RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - KENNETH EDWARD MORGAN - File 3-1-325
Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and to deny
the claim and refer it to the insurance carrier.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - GARY WAYNE HAYES - File 3-1-323
Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and
to deny
the claim and refer it to the insurance carrier.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - DENNIS P. LANIGAN - File 3-1-324
Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and
to deny
the claim and refer it to the insurance carrier.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CLAIM FOR DAMAGES - MARY E. O'MALLEY - File 3-1-319
Councilman Mulryan moved and Councilman Nixon seconded, to deny the claim and refer it to the
insurance
carrier.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: COOPERATIVE AGREEMENT WITH STATE FOR LUCAS VALLEY ROAD INTERCHANGE - File 4-8-20
Councilman Mulryan inquired with respect to agreements with the Smith development on the East
side of
the highway, and with Fireman's Fund on the West side, for contributions toward the development.
25
Public Works Director Caillouette stated that in the matter of Smith, in their approval of their master
plan they have agreed to put up $100,000 for the northbound on-ramp. The money would be used for that
purpose. As far as a contribution to the interchange work itself, CALTRANS made an extensive study of
that and it was their opinion, and that of their legal staff, that they did not want to accept contribu-
tions on that particular basis because it brings up many problems as to rights, etc. That is their
position, and that is why there was nothing done as far as Fireman's Fund is concerned. Fireman's Fund
has money up for the signalization.
Councilman Mulryan asked whether the State would then take care of the main contribution. Mr.
Caillouette replied that is essentially correct.
Councilman Miskimen then moved and Councilman Mulryan seconded, to approve the resolution authorizing
the signing of the cooperative agreement with the State, and appropriation of $16,000 for the City's
share of the project cost.
RESOLUTION NO. 5418 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING
OF THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR CONSTRUCTION OF
INTERIM IMPROVEMENTS AT THE LUCAS VALLEY ROAD INTERCHANGE WITH ROUTE 101
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RF- inINT POWERS AGREEMENTS BETWEEN DIXIE SCHOOL DISTRICT AND CITY OF SAN RAFAEL RE: File 4-7-3
a. Oak View Elementary School Playfield.
Councilman Mulryan stated he would like the Agreement with Dixie Schools regarding the use of the
playfield be amended to assure that the time allotted to Easter Seals would not be expanded. Recrea-
tion Director Jauch was requested to amend the Agreement accordingly.
RESOLUTION NO. 5419 - A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Dixie School District - Joint Powers Agreement Re: Oak View Elementary School
Playfield) (As amended in accordance with Council instructions)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
b. Bernard Hoffman Elementary School Playfield.
RESOLUTION NO. 5420 - A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Dixie School District - Joint Powers Agreement Re: Bernard Hoffman Elementary
School Playfield)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT FOR STORAGE COMPARTMENTS AT THIRD &
LOOTENS - File 2-8-15
RESOLUTION NO. 5421 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT (With Hector Rubini for two enclosed
compartments for storage underneath and created by the ramps which form part of
the parking structure at the northwest corner of Third and Lootens)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
There being no objection from the public, the following agenda item was taken up, out of numerical
sequence:
RE: ORDINANCE AMENDING ORDINANCE NO. 1261 OF THE SAN RAFAEL MUNICIPAL CODE AS CODIFIED AT CHAPTER 8.34
ENTITLED, REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES - File
9-10-3
After discussion, it was agreed that subparagraph (c) of Section 8.34.080, pertaining to walls in all
rooms where water or steambaths are given having a washable, mold -resistant surface, should be deleted.
An Ordinance of the City of San Rafael Amending Ordinance No. 1261 of the San Rafael Municipal Code as
Codified at Chapter 8.34 Entitled, "Regulations for Massage Establishments, Massage Services and
Public Bathhouses" and numbering Charter Ordinance No. 1292, was read, introduced and ordered passed to
print (as amended) by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - BUILDING PERMIT DENIAL - PUBLIC HOT TUB SPA AT 1495 FRANCISCO BLVD., SUITE "D",
SAN RAFAEL; JOSEPH J. BERTO, APPELLANT - File 9-10-3
Vice -Mayor Jensen declared the public hearing opened.
Mr. Berto stated that he wished to withdraw his appeal because, with the passing of the ordinance on
public bathhouses, there should be no problem with his permit.
26
There being no additional public input, Vice -Mayor Jensen declared the public hearing closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to sustain the appeal.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
There being no objection from the public, the following item was taken up out of numerical sequence.
RE: RECOMMENDATIONS RE POLICE/FIRE BOAT - File 4-2-127 x 9-3-30
Report on Condition of Boat
After discussion on repair or replacement of engines on the boat, Councilman Mulryan moved and Council-
man Nixon seconded, to approve replacement of the present system by purchase of two 4 -cylinder Mercury
engines, 120 HP, to include fresh water cooling and existing outdrives, at an estimated cost of $4,687.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON EDA AFFIRMATIVE ACTION REQUIREMENTS - File 7-4
Personnel Director Uchida briefed the Council on the report and the proposed Affirmative Action Plan.
Staff recommendation was that the Council adopt the Affirmative Action Plan and submit it to EDA in
order to comply with the special condition attached to the $56,000 EDA Grant for Falkirk restoration.
Council decided that the Plan should be reviewed annually and brought back to them for possible revision
and re-establishment of goals and time tables.
Councilman Nixon moved and Councilman Mulryan seconded, to approve staff recommendations regarding
approval of plan and forwarding to EDA.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Councilman Nixon commended Mr. Uchida on his fine work in preparing the report.
RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN CITY AND SHELL OIL COMPANY RE LEASE OF PROPERTY AT
SECOND STREET & LINCOLN AVENUE - 2-8-12
RESOLUTION NO. 5422 - RESOLUTION AUTHORIZING AN AGREEMENT TO RENT DURING PERIOD OF FIVE YEAR OPTION
(With Shell Oil Co., property at Second and Lincoln, owned by City)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PROPOSED RESPONSE TO EPA ON EIS AND.EIR FOR EASTERN MARIN/SONOMA WASTEWATER FACILITIES PLAN -
File 165
Public Works Director Caillouette presented a draft of a letter to the U.S. Environmental Protection
Agency, as directed by the Council.
Councilman Miskimen moved and Councilman Nixon seconded, to approve the draft, and stipulated that the
letter is to be signed by Vice -Mayor Jensen.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1288 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE
BY AMENDING ORDINANCES NOS. 1020 Sec. 1 and 1007 Sec. 1 (PART), AS CODIFIED AT SECTIONS 14:08.140 M.,
14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED, MOTOR VEHICLE SERVICE
USES - File 10-3
Mr. John Sowden of Auto -Tronics, and Mr. Robert Hoffman of Hoffman Tire Center, addressed the Council,
asking them to defer final adoption until the business community can study the ordinance. Council
agreed to defer action on final adoption for 30 days and directed that in the meantime staff meet with
Messrs. Sowden and Hoffman and possibly the Chamber of Commerce, to discuss and explain the provisions
within the ordinance.
RE: FINAL ADOPTION - ORDINANCE NO. 1289, AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING
A NEW CHAPTER 14.82 ENTITLED, ZONING ADMINISTRATOR - File 9-3-17
CHARTER ORDINANCE NO. 1289 - An Ordinance of the City of San Rafael Amending Title 14 of the San Rafael
Municipal Code by Adding a New Chapter 14.82 Entitled, "Zoning Administrator" was adopted as an ordinance
of the City of San Rafael by the following vote, to wit:
27
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1290 - AMENDING ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY
REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM
M -1-H LIGHT INDUSTRIAU DISTRICT TO U UNCLASSIFIED DISTRICT B -BAR -A TRAILER RANCH - File 5-2-74
CHARTER ORDINANCE NO. 1290 - 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 so as to Reclassify
Certain Real Property from M -1-H (Light Industrial) District to "U" (Unclassified) District (B -Bar -A
Trailer Ranch), was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON UNEMPLOYMENT INSURANCE - File 7-1-28
Council heard a report from Finance Director/Treasurer Coleman, setting forth three options available
to the City for funding unemployment insurance.
Councilman Nixon moved and Councilman Miskimen seconded, to approve joining the Public Entity Employees
Fund (which has a rate of .8% of gross payroll), and stipulated that if, after two years, we have a
surplus of funds we consider dropping out and going on a reimbursement basis.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ADD ITEM:
RE: ATTENDANCE OF COUNCIL MEMBERS AT NATIONAL LEAGUE OF CITIES CONFERENCE - File 9-1
Councilman Mulryan asked the Council to approve his and Mayor Bettini's attendance at the National
League of Cities Conference in Washington, DC March 5th through 7th.
Councilman Miskimen moved and Councilman Nixon seconded, to approve Mayor Bettini's and Councilman
Mulryan's attendance at the National League of Cities Conference in Washington, DC.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
The Council adjourned to Executive Session to discuss property acquisition.
ANNE M. LEO/NCCINI, City Clerk
APPROVED THIS DAY OF 1978.
VICE -MAYO OF THE"CITY OF SAN RAFAEL
Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency
in Room 201 of the San Rafael City Hall, on Saturday, February 25, 1978, at 9:00 AM.
Joint Meeting:
City Council and
Redevelopment Agency
Also Present: William J. Bielser, City Manager.
Present: Lawrence E. Mulryan, Councilman
and Chairman, Redev. Agency
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
A joint meeting was held to consider hiring of personnel.
The City Council/Redevelopment Agency met in Executive Session, and then adjourned to Public Session.
City Manager Bielser was instructed to offer the position of Community Development Director to one of
the candidates interviewed.
Meeting adjourned to the next regular meeting of March 6, 1978.
ANNE M. LEONCINI
City Clerk/Agency Secretary
APPROVED THIS % -,;t/ DAY OF 1978.
CHAIRMAN, SAN RAFAEL RED VELOPMENT AGENCY
29
In the Council Chambers of the City of San Rafael, Monday, March 6, 1978, at 8:00 PM.
Regular Meeting:
Present: Fred E. Jensen, Vice -Mayor
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Lawrence E. Mulryan, Councilman
Also Present: Raymond L. Meador, Assistant City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the fol-
lowing consent calendar items:
Item
Approval of Minutes of February 6, 21
and 25, 1978 Meetings.
Grant of Street Right -of -Way -
Jacoby Street File 2-2
Contractual Agreement - Cooperative Per-
sonnel Services, State of California -
File 4-10-56 -
North Bay Cooperative Library System
Financial Statement, June 30, 1977 -
File 4-10-83
Recommended Action
Approved as submitted.
RESOLUTION NO. 5423 - ACCEPTING CONVEYANCE OF STREET
RIGHT-OF-WAY - JACOBY STREET, SAN RAFAEL, CALIFORNIA
RESOLUTION NO. 5424 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (W/State of Calif. for
Cooperative Personnel Services, March 20, 1978,
terminating March 19, 1981)
Report accepted.
Appeal from Planning Commission Decision - Public Hearing set for March 20, 1978.
s77-35 - Single -Lot Subdivision;
96 Peacock Drive; Marin Title & Guaranty
Co., owner; Michael Broughton, rep.; P -C
District; AP 184-020-06 - File 10-8
Status Report, Historical Survey Program - Report accepted.
File 13-14-2
Appeal of Decision of Planning Commission - Continued to April 17, 1978 at request of appellant.
P77-19, General Plan Amendment - Business
& Industrial Review Area to Multi -Use
Activity Center, end of Andersen Drive
(Maggiora & Ghilotti, Inc., owners) -
File 10-6
Progress Report - Safety and Training Report accepted.
Program - File 7-4-6
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: PUBLIC HEARING - HISTORIC LANDMARK DESIGNATION, 418 MISSION AVENUE; MRS. HEDWIG ZAUNMULLER, OWNER;
AP 14-054-20 - File 13-14-2
Hearing continued to March 20, 1978 meeting at request of Mayor Bettini.
RE: PUBLIC HEARING - NUISANCE ABATEMENT, 42 MIRAMAR AVENUE; JACK R. HENDRICKSON AND MARY A. MAYER,
OWNERS - File 3-3-24
Vice -Mayor Jensen declared the public hearing opened.
Public Works Director Caillouette briefed the Council on the problem, stating that a City -owned white
painted wood delineating railing, which was in poor repair, had been replaced last August by the owner
of 42 Miramar, with a fence six feet high and of solid construction. He stated that the new fence was
constructed without prior consultation, discussion or approval, written or oral, with the Public Works
Department. The fence encroaches into the City right-of-way six to seven feet.
Jack Hendrickson informed the Council that he has sold the property, and stated that if the fence is
moved back as far as the Public Works Department specified it would destroy the back yard. He said
the address of the property is now 21 Wood Street, and that the former front of the property is now
the rear. He also stated that a shorter fence would take away the privacy of the present owners due
to the floor plan of the newly -built house which was constructed on the same foundation but with a
different floor plan.
The new owner, a Mr. Cooper, stated that he thought the matter of the fence had been resolved until he
learned of the public hearing.
Bruce Hopper of 3 Miraflores, presented a petition signed by neighbors, stating that the fence blocks
the vision of drivers approaching the corner of Miramar and Miraflores and citing among other items
30
that the owners have not provided parking space at their new entrance on Wood Street. They asked im-
mediate abatement proceedings with regard to the fence, and that the City direct Mr. Hendrickson to
provide off-street parking within 90 days from the date of this public hearing.
Planning Director Hotchner reported that there is no record of any formal Planning Commission action
in this matter.
There being no further input, the public hearing was declared closed.
Councilman Nixon moved and Councilman Miskimen seconded, to adopt the staff recommendation and order
abatement of this public nuisance.
RESOLUTION NO. 5425 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT
OF PUBLIC NUISANCE (Fence at 42 Miramar)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
Bob Silverman of 106 Miramar stated he is still concerned about the parking on Wood Street, and
asked if something can be worked out.
Mr. Caillouette stated that a survey is required and so far Mr. Hendrickson has not wished to have one.
He stated that he will again attempt to work out this problem with Mr. Hendrickson, and that if it can-
not be worked out, the problem may have to come back to the Council.
RE: PLANNING COMMISSION INTERIM REPORTS:
a. Property Maintenance Ordinance - File 153
Council heard a brief report from Planning Commission Chairman Dorothy Breiner, in which she
stated the Commission desired to keep the Council informed of their progress and see if the Coun-
cil wished to make any changes in the actions of the Commission thus far.
Councilman Nixon moved and Councilman Miskimen seconded, to support the Commission recommendations
on the Property Maintenance Ordinance and ask that they proceed as quickly as possible with the
final draft.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
b. Floating Homes and Floating Home Marinas Ordinances - File 144
Chairman Breiner then reported to the Council that the Commission feels that the current situation
on this subject is not out of hand, nor likely to get out of hand, and not demanding of any imme-
diate action. The Commission therefore requests that this project be given a low priority.
Councilman Nixon moved and Councilman Miskimen seconded, to approve the present approach by the
Planning Commission on this subject, and agreed that it be given a low priority.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: RECOMMENDATION OF FIRE COMMISSION RE PARAMEDIC PROGRAM - File 9-3-31
Fire Commission Chairman Dan Dufficy asked the Council to consider the feasibility of paramedic train-
ing to upgrade the present level of competence by firemen on their medical aid calls. This would not
involve purchase of additional vehicles or equipment or employment of additional manpower.
After discussion Councilman Nixon moved and Councilman Miskimen seconded, to approve the program in con-
cept, and ask that it be brought up at budget time for evaluation of the possibility of entering
into the program.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1292 - AMENDING ORDINANCE NO. 1261 OF THE SAN RAFAEL MUNICIPAL
CODE AS CODIFIED AT CHAPTER 8.34, "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND
PUBLIC BATHHOUSES - File 9-10-3
CHARTER ORDINANCE NO. 1292 - An Ordinance of the City of San Rafael Amending Ordinance No. 1261 of the
San Rafael Municipal Code as Codified at Chapter 8.34, "Regulations for Massage Establishments, Massage
Services and Public Bathhouses", was adopted as an ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
31
RE: PROPOSAL TO FILE APPEAL TO NEW STATE FISH & GAME GUIDELINES RE WETLANDS MITIGATION - File 12-19
Councilman Miskimen moved and Councilman Nixon seconded, that the City of San Rafael file an appeal to
the State Resources Agency for Preservation of Wetlands, regarding their guidelines.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: REPORT ON BIDS, POLICE COMMUNICATION SYSTEM - File 4-2-126 x 9-3-30
Staff reported that only one bid had been received, from Motorola, and recommended that the bid be re-
jected and staff be authorized to re -advertise so that other bids may be solicited. Staff will report
back at the April 3rd meeting.
Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation, reject the bid
received, and re -advertise.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE PROGRAMS: File 9-2-24
a. Spring 1978 Program
Councilman Miskimen moved and Councilman Nixon seconded, to approve the Spring 1978 Program.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
b. Proposed Fall Festival Program
Commissioner Mary Dekker informed the Council that the Commission would like to offer a $200.00
award for the best photos, or a series of 12 photos, which best document the Falkirk restoration
process, as a part of the Fall Festival Program.
Various methods of obtaining the award money were discussed, but it was agreed that this can be
discussed again, closer to the time of the festival.
RE: PARKS & RECREATION COMMISSION RECOMMENDATION RE APPROVAL OF 1978 SPRING RECREATION PROGRAM -
File 9-2-4 x 9-3-65
Councilman Nixon moved and Councilman Miskimen seconded, to approve the 1978 Spring Recreation
Program as presented.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES RE: File 9-3-65
a. Tennis Program
RESOLUTION NO. 5426 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Paul F. Murray, for Tennis Instruction, 1978 Spring Recreation Program)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
b. Judo Program
RESOLUTION NO. 5427 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Marin Self Defense School for Judo Instruction, 1978 Spring Recreation
Program)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
c. Photography Program
RESOLUTION NO. 5428 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(With Carl Parfitt, for Photography Instruction, 1978 Spring Recreation
Program)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: RESOLUTION AUTHORIZING EXTENSION OF JOINT POWERS AGREEMENT FOR OPEN SPACE (Re Property
Formerly Owned by Knox, Nock and Turrini) - File 4-13-51
32
RESOLUTION NO. 5429 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Marin
Co. Open Space District, Joint Powers Agreement to provide for joint ownership of
property formerly owned by Knox, Nock and Turrini)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
ADD ITEMS (Not on Agenda)
RE: MODIFICATION OF AGREEMENT, FALKIRK RESTORATION - File 4-1-265
Assistant City Manager Meador requested the Council adopt a resolution authorizing the Mayor and
City Clerk to sign a technical modification to the previous agreement re monies received by the
contractor from the State in the amount of $45,000 for Falkirk restoration.
RESOLUTION NO. 5430 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
State of California, Department of Parks & Recreation, for Amendment to
Project Agreement for Project No. 06-76-00182-00 - Restoration of Falkirk)
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: RESOLUTION REQUESTING ALLOCATION OF URBAN THOROUGHFARE FUNDS - File 4-13-8
Public Works Director Caillouette presented a report regarding efforts to secure Urban Thorough-
fare Funds totaling $157,625 for assistance on City projects. This would involve $83,625 from
Urban Thoroughfare, and $74,000 from Marin County's share of Rule 20 Funds for undergrounding
of utilities.
RESOLUTION NO. 5431 - RESOLUTION REQUESTING ALLOCATION OF FUNDS FROM THE COUNTY ROAD FUND OF
THE COUNTY OF MARIN PURSUANT TO SECTION 2106, et seq., OF THE STREETS
AND HIGHWAYS CODE
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
RE: REQUEST FOR REPORT ON SAN RAFAEL HOTEL FIRE - File 9-3-31
Councilman Miskimen asked staff to prepare a report on the anticipated cause of the March 4th
fire in the San Rafael Hotel, and whether or not the program we put into effect with the
alarm system is going to be adequate.
ADJOUR14MENT
Councilman Miskimen moved and Councilman Nixon seconded, that the Council adjourn in memory
of Victoria Bettini, mother of Mayor C. Paul Bettini. Ayes unanimous.
The Council adjourned to their next regular meeting March 20, 1978.
ae�� A
ANNE M. LEONCINI, C ty Clerk
APPROVED THIS 40 X DAY OF 1978.
33
In the Council Chambers of the City of San Rafael, Monday, March 20, 1978, at 8:00 PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of March 6, 1978 Meeting.
Resolution re Operating Costs - File 8-14
Bid Opening - Award of Contract for Seven
Police Vehicles - File 4-2-125
Recommended Action
Approved as submitted.
RESOLUTION NO. 5432 - APPROPRIATING $401,721
TO THE REDEVELOPMENT AGENCY ADMINISTRATIVE FUND
RESOLUTION NO. 5433 - AUTHORIZING THE PUR-
CHASE OF POLICE VEHICLES UTILIZING EQUIPMENT
REPLACEMENT FUNDS (Robinson Chevrolet, Novato)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: CLAIM FOR DAMAGES - VICTOR JULIAN JAMERSON - FILE NO. 3-1-309, CLAIM FOR DAMAGES - JOSEPH MOYLE -
FILE NO. 3-1-327. CLAIM FOR DAMAGES - RONALD D. & ANNE H. LEVINE - File No. 3-1-328
Councilman Nixon asked what might be done to avoid having so many exorbitant claims filed. He
questioned whether giving them publicity might be a deterrent. City Attorney Connick expressed the
opinion that this would not help, since claims are constantly being publicized in newspapers and the
situation regarding large claims has not changed.
Councilman Nixon moved and Councilman Miskimen seconded, to deny the claims and refer them to the in-
surance carrier.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON SAN RAFAEL YACHT CLUB LEASE - File 2-8-11
The Council reviewed the proposed renewal of the San Rafael Yacht Club lease, at $325.00 per month for
five years, to April 1, 1982. Councilman Jensen expressed the opinion that the lessee should have the
same option as the City regarding termination of the lease upon giving 360 days' written notice.
Councilman Jensen moved and Councilman Nixon seconded, to adopt the resolution authorizing the sign-
ing of the lease, and that the lease be amended to include provision for the San Rafael Yacht Club
to terminate the lease upon giving the City 360 days' written notice.
RESOLUTION NO. 5434 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL YACHT CLUB
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: RETIREMENT CONTRIBUTION - HERBERT G. HOTCHNER - File 7-1-25 x 7-4
Council reviewed a staff report stating that Planning Director Hotchner had been advised by PERS that
he could not get reciprocity for the 4 years and 3 months he had worked for Yolo County because of a
break in service before re-entering the PERS system, and that he will receive a refund for his contri-
bution during the 4 years and 3 months of service. The report stated that Mr. Hotchner has been
advised by Marin County that he can buy back the 4 years and 3 months of prior service. Also, because
Mr. Hotchner did not get reciprocity his retirement rate is based on his age at the time of employment
with San Rafael, and thus he is faced with a higher contribution rate than he should be paying.
Councilman Jensen moved and Councilman Miskimen seconded, that funds be appropriated to cover the
buy-back plus the higher percentage cost which must be paid until the retirement of Mr. Hotchner.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PUBLIC HEARING - HISTORIC LANDMARK DESIGNATION, 418 MISSION AVENUE; MRS. HEDWIG ZAUNMULLER, OWNER;
P #14-054-20 - File 13-14-2
Mayor Bettini declared the public hearing opened.
Mayor Bettini stated that he would like a policy established whereby, when a house is designated
a Historic Landmark, the Planning Commission and staff would give special consideration to variances
regarding parking and use. These requests are to be treated on an individual basis. This is in the
interest of encouraging owners to maintain large, older residential properties, which is part of our
Historic Preservation Program.
Cultural Affairs Commission Chairman Daniel Mardesich stated that it is the position of the Cultural
Affairs Commission to make a recommendation on the basis of historic value of a property, and they do
not mean to imply that a specific use should be made. They feel that if a variance is needed in order
to preserve a property, that should be a good basis for the variance.
There being no further input the public hearing was declared closed.
After discussion, Councilman Miskimen moved and Councilman Nixon seconded, that 418 Mission Avenue
be designated as a Historic Landmark under the Historic Preservation Ordinance, and that a policy be
established whereby, when a house is designated a Historic Landmark, the Planning Commission and
staff would give special consideration to variances regarding parking and use; these requests are to
be treated on an individual basis.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 5435 - A RESOLUTION OF THE CITY COUNCIL DESIGNATING 418 MISSION AVENUE SITE AS A
HISTORICAL LANDMARK
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: Mulryan
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, SINGLE -LOT SUBDIVISION, 96 PEACOCK DRIVE;
MARIN TITLE & GUARANTY CO., OWNER; MICHAEL BROUGHTON, REP.; P -C DISTRICT; AP #184-020-06 - File 10-8
Mayor Bettini declared the public hearing opened.
Robert Winckler, president of the Peacock Gap Homeowners Association, expressed the concern of Pea-
cock residents on the proposal to build a home at 96 Peacock Drive. They feel it will deprive them of
access to the Lagoon and the open space beyond. The Peacock Association feel that an EIR should be
required, although the Planning Commission did not feel one was necessary.
Mr. Leonard Rubin of 128 Peacock Drive stated that this is a unique situation because of the location
of the property in question and he, too, felt an EIR was necessary.
Attorney Richard Tarrant, representing Michael Broughton, stated that his clients would be willing to
build a single story home, if required.
Mayor Bettini stated that he had looked over the property and saw no reason why a single story home
should not be built in that location.
Mr. Winckler stated that the Peacock Gap Homeowners would be willing to negotiate toward purchase of
the property in order to preserve it as open space, but that they had been unsuccessful in their at-
tempts to discuss a possible purchase.
There being no further input, the public hearing was declared closed.
After discussion, Councilman Jensen moved and Mayor Bettini seconded, that the Planning Commission be
sustained and the appeal denied, and that the Planning Commission declared that the EIR is not necessary.
AYES: COUNCILMEN: Jensen and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Nixon
ABSENT: COUNCILMEN: Mulryan
Failing a majority, the appeal failed.
Councilman Miskimen suggested that staff work with the Peacock Gap Homeowners and the owner of the lot
at the other side of the lagoon (Mr. Broughton), and Ed Ward the City's Real Estate Officer, to see if
they can negotiate for the other lot to be used as access to the lagoon.
City Manager Bielser mentioned that there are several lots other than the two in question, around the
lagoon area, and asked if they should be appraised. Mayor Bettini replied that they should be.
(Councilman Jensen left the meeting)
35
RE: PUBLIC HEARING - PREZONING (PreZ78-4) PROPERTY ON SOUTH SIDE OF PT. SAN PEDRO ROAD AT BAY WAY
AP #16-211-04 AND 0 FROM COUNTY R- :B-2 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA
10,000 SQ. FT. DISTRICT, TO CITY R -1-B-1 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA
7,500 SQ. FT.) DISTRICT - File 5-2-75 x 10
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was
declared closed.
Councilman Miskimen moved and Councilman Nixon seconded, to approve the Negative Declaration as to En-
vironmental Impact.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
An Ordinance of the City of San Rafael Amending the Zoning Map, Adopted by Reference by Section
14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from R -1:B-2 (Single Family
Residential, Minimum Building Site Area 10,000 sq. ft.) District to R -1-B-1 (Single Family Residential,
Minimum Building Site Area 7,500 sq. ft.) District, and numbering Charter Ordinance No. 1293, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
(Councilman Jensen returned)
Councilman Jensen moved and Councilman Miskimen seconded, to approve submission of application
to LAFCo, requesting annexation of the parcels cited.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PROGRESS REPORT ON CABLE TELEVISION MATTERS - File 9-7-4
a. Cable TV Service in Fairhills
b. Senior Citizen Rates
c. Pay TV
d. Renewal of Franchise
Since another meeting between Fairhills Homeowners and the Cable TV people is necessary, this item was
deferred to the Council meeting on Monday, April 3, 1978.
RE: FINAL ADOPTION - ORDINANCE NO. 1288 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE
BY AMENDING ORDINANCES NOS. 1020 PAR. 1 AND 1007 PAR. 1 PART), AS CODIFIED AT SECTIONS 14.08.140 M.,
14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED, 'MOTOR VEHICLE SERVICE
USES - File 10-3
After discussion Councilman Nixon moved and Councilman Miskimen seconded, to defer any action on the
proposed ordinance, and that the Chamber of Commerce appoint two people to a citizens' committee, and
the Chairman of the Planning Commission appoint two of her members and they in turn appoint one person
not connected with the automotive industry, and they try to reconcile this ordinance in a fashion that
will be acceptable to everyone.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Ordinance to be returned to the Council at a later date.
RE: INTERIM REPORT ON COMMUNITY CENTER ACOUSTICS - File 4-3-57
Recreation Director Jauch reported that he had conducted a survey of users of the auditorium in the
Community Center, regarding the performance of the sound system. He has received mixed response as
to its adequacy. He indicated that there seems to be a problem when a large group uses the auditor-
ium, and when users bring in their own systems. He classified the system as "adequate".
After discussing the matter, and the fact that the building's architects, Wagstaff and McDonald, have
done all they could to improve the system, it was agreed that City Attorney Connick should review the
contract material to see if there is responsibility on the part of the architects, and determine what
steps the City should take next.
Mr. Jauch reported that when consultants inspected the sound system last November, they estimated it
would cost between $25,000 and $27,000 to correct the deficiencies.
36
RE: COMMUNICATION FROM MR. GUSTAF STALIN RE CONSTRUCTION OF FENCE AT 222 ARIAS STREET
File 3-3-25 x 10-5
After discussing the intent of paragraph 14.16.060 of the Municipal Code, in relation to the fact
that the resident at 222 Arias Street had proceeded to build a fence on his property after his appeal
was denied by the City Council on January 3, 1978, Councilman Miskimen moved and Councilman Nixon
seconded, that the City Attorney be directed to start abatement action with regard to the fence.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMAN: Mulryan
RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES RE: - File 4-3-72 x 9-3-65
a. Tennis Program (Resolution No. 5426)
b. Judo Program (Resolution No. 5427)
c. Photography Program (Resolution No. 5428)
Mayor Bettini stated that he had this item brought back before the Council, because he feels that in-
structors should be required to provide insurance, that a hold harmless clause in the contracts is not
sufficient. Insurance should have a $50,000 limit.
Recreation Director Jauch agreed to work it out with instructors, and stated that it would probably
necessitate an increase in program fees.
Councilman Nixon moved and Councilman Jensen seconded, that insurance be required and that it be
paid for through increase in fees.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Councilman Jensen moved and Councilman Miskimen seconded, to amend the contracts covered by
Resolutions Nos. 5426, 5427 and 5428, to include $50,000 insurance.
AYES: COUNCILMEN: Jensen Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON S.O.S. (SAFER OFF -SYSTEM) ROADWAY GRANT- File 4-13-8
Councilman Nixon moved and Councilman Jensen seconded, to approve staff recommendation to approve the
Marin County Urban Thoroughfare Committee allocation of funds to San Rafael, and authorize staff to
proceed with the first minor safety project at Miramar and Miraflores Streets.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: COUNCIL REQUEST FOR STAFF SERVICES - POLICY DETERMINATION - File 9-1
Councilman Miskimen discussed the subject of the Council members calling on staff for special projects,
which may become time-consuming, without first contacting the City Manager. He mentioned that there
was a verbal policy determination on this subject in the past.
Mayor Bettini, after further discussion, agreed to prepare a written policy for Council guidance in
relation to staff activities.
(Councilman Jensen left meeting)
RE: REPORT ON ABAG MATTERS - File 111
a. Environmental Management Plan.
b. Fiscal Year 1978/79 Assessment.
Item continued to April 3, 1978 meeting.
RE: EXPIRATION OF TERM OF FIRE COMMISSIONER - File 9-2-5
Council reviewed a report from staff, that Fire Commissioner Daniel C. Dufficy, whose term expires in
March, does not wish to seek reappointment to the Fire Commission. Staff also recommended that the
Council call for applications to fill the vacancy.
Councilman Miskimen moved and Councilman Nixon seconded, that a Resolution of Appreciation be prepared
for Mr. Dufficy, and that staff advertise the vacancy in the usual method.
30
RESOLUTION NO. 5436 - RESOLUTION OF APPRECIATION, DANIEL C. DUFFICY, FIRE COMMISSION
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: APPLICATION TO THE COUNTY OF MARIN FOR FINANCIAL SUPPORT OF THE BAHIA VISTA SCHOOL COMMUNITY
PROGRAM - File 4-13-52
Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation and request the
County of Marin's support for 50% subsidy of the Bahia Vista Community School Program, with the City and
the School District funding 25% each.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
(Councilman Jensen returned to meeting; Mayor Bettini
(left; Councilmen Jensen presided)
RE: REPORT ON SAN RAFAEL HOTEL FIRE - File 13-5
Council reviewed a report from Fire Chief Marcucci, regarding the cause of the fire in the San Rafael
Ho tel (formerly the Lincoln Hotel) on the morning of Sunday, March 5, 1978. The fire started in and
around a hot water heater on the second floor where combustible material, i.e., mattress and box
frame, had been stored. The fire burned into the area where the alarm system wires were run, and
burned off the insulation which made the system inoperative.
Chief Marcucci recommended that if the San Rafael Hotel is to again be utilized as a rooming house, and
since major construction work is required, that an automatic sprinkler system be installed throughout
the structure connected to a central station. He further recommended that the owner be encouraged
to convert the hotel to some other use, such as office spaces, if he elects not to install a sprinkler
system in the building.
Chief Marcucci further recommended that an ordinance be developed requiring occupancies similar to the
San Rafael Hotel to install a complete smoke detection system throughout their building connected to a
central station.
Councilman Miskimen moved and Councilman Nixon seconded, to direct staff to move forward with developing
an ordinance as recommended by Chief Marcucci, and also to approve staff recommendation regarding the
future requirements for the San Rafael Hotel.
AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Mayor Bettini
(Mayor Bettini returned to the meeting)
RE: APPLICATION FROM MEDICAL SHUTTLE SERVICE, INC., FOR NON -EMERGENCY TRANSPORTATION FOR THE ELDERLY AND
HANDICAPPED - File 9-9
Council reviewed the application from Chiaki Kumano, who was represented by his Attorney Louis Castro.
Mr. Jim Newman, who has a similar service operating out of Greenbrae, objected to the possible granting
of a permit, since he stated he had applied for a permit last November, was sent an incorrect applica-
tion form, and received the correct form only a few days ago.
Staff was directed by the Council to determine the facts of Mr. Newman's case, and explore the neces-
sity for such a service within the County and which other companies may be providing a similar service.
Item was continued to the April 17, 1978 meeting.
ADD ITEMS
RE: PARKING METER HOLIDAY, APRIL 8, 1978 - File 11-18
City Manager Bielser reported that the Chamber of Commerce had requested a parking meter holiday for
sales promotion on Saturday, April 8, 1978, and asked that the City pay the cost of $1,300.
Councilman Nixon moved and Councilman Miskimen seconded, that Redevelopment Agency pay the cost of
$1,300.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
(Councilman Jensen left meeting)
RE: CITY ATTORNEY'S AND ASSISTANT CITY ATTORNEY'S ATTENDANCE AT LEGAL CONFERENCES - File 9-3-16
Councilman Nixon moved and Councilman Miskimen seconded, to approve the City Attorney's request for an
appropriation of $750.00 for City Attorney Connick and Assistant City Attorney Bullard to attend
conferences on legal matters.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
MW•
The Council adjourned to Executive Session to discuss property acquisition.
ANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF qez4 , 1978.
MAYOR OF THE CITY GF SAN RAFAEL
39
In the Council Chambers of the City of San Rafael, Monday, April 3, 1978, at 8:00 PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: None
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the recommended action on the fol-
lowing consent calendar items:
Item
Approval of Minutes of March 20, 1978 Meeting.
Claim for Damages - Richard E. Mamet
File No. 3-1-331
Claim for Damages - Norman Maxwell Carlin
File No. 3-1-334
Resolution Authorizing Mayor to Accept Deeds
and Consent to the Recordation Thereof
(Govt. Code Sec. 27281). - File 9-1
Report on Program Contracts, Cultural Affairs -
Fi i o 4_q_A9
Report on Police Communication Bids -
File No. 4-2-126
Recommended Action
Approved as submitted.
Denied and referred to insurance carrier.
Denied and referred to insurance carrier.
RESOLUTION NO. 5437 - AUTHORIZING THE
MAYOR OF THE CITY OF SAN RAFAEL TO ACCEPT
DEEDS AND CONSENT TO THE RECORDATION
THEREOF (Govt. Code Sec. 27281)
RESOLUTION AUTHORIZING SIGNING OF A CONTRACT,
LEASE
OR
AGREEMENT as Follows:
Res.
No.
5438
- Western Electric
Res.
No.
5439
- Mary Lexa
Res.
No.
5440
- Jedo Bushnik
Res.
No.
5441
- Jamie Parker
Res.
No.
5442
- Ruth Geoffey
Res.
No.
5443
- Jack Cloutier
Res.
No.
5444
- Mark Naf talin
Res.
No.
5445
- Woody Harris
Res.
No.
5446
- Barry Scheier
Res.
No.
5447
- Richard Garneau
RESOLUTION NO. 5448 - AUTHORIZING THE
PURCHASE OF POLICE RADIO COMMUNICATIONS
SYSTEM (Motorola Corp., bid amount $53,875.56)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CLAIM FOR DAMAGES - PAULINE L. & E. H. SENNER - File 3-1-333
Continued to meeting of April 17, 1978.
RE: PUBLIC HEARING - UP78-3 - GROUP COUNSELING CENTER, 1719 FIFTH AVENUE; CARL BELLINE, OWNER;
LAWRENCE ROSS/CYNTHIA HILL, REPS.; R-3 DISTRICT; AP 11-192-13. APPEAL OF PLANNING COMMISSION
DENIAL OF USE PERMIT - File 10-5
Mayor Bettini declared the public hearing opened.
Lawrence Ross, Executive Director of the Group Counseling Center, and Sue Abrams, Administrator, spoke
for the appeal, indicating that they felt there would be little impact on the parking situation in the
area, since they have only small groups at a time, and mostly in the evening when the professional
offices in the vicinity would be closed.
There being no further public input, the hearing was declared closed.
After discussion, Councilman Nixon moved and Councilman Mulryan seconded, to sustain the appeal and
grant the Use Permit for a period of six months, to be brought back before the Council at that time;
and that granting of the Use Permit be subject to conditions (a) through (d) as recommended by staff.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
M
RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE -
Fil-el 3-14-2
Councilman Mulryan moved and Councilman Miskimen seconded, to set a public hearing regarding amendments
to Ordinance No. 1191 regarding Historic Preservation, on Monday , May 1, 1978, at 8:00 PM.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROGRESS REPORT ON CABLE TELEVISION MATTERS - File 9-7-4
a. Cable TV Service in Fairhills
Staff report indicated that the Fairhills Homeowners Association and Viacom had reached an agreement
to extend service to the Fairhills area based on two geographic areas with a required subscriber
basis of 50%; waiving of the franchise fee for Showtime from November 15, 1977 to May 1, 1978 and
applying the funds to reducing subscriber rates in the Fairhills area to the same as the remainder
of the community and eliminating the normal $37.50 installation charge; requiring residents to pay
for conduit from right-of-way to the residence; and requiring marketing in Area I to be finished by
July 1 and Area II by October 1, 1978.
b. Senior Citizen & Handicapped Rates
RESOLUTION NO. 5449 - RESOLUTION AMENDING RESOLUTION NO. 5026 (Extension of cable TV services in
Fairhills area and extension of reduced rates to Senior Citizens and handicapped)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
c. Pay TV
City to begin collecting Showtime revenue commencing May 1, 1978.
d. Renewal of Franchise
An Ordinance of the City of San Rafael amending Charter Ordinance No. 898 Renewing and Extending
the CATV Franchise of Viacom, International for a Ten (10) Year Period Ending February 28, 1988,
and numbering Charter Ordinance No. 1294, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM GLENWOOD HOMEOWNERS ASSOCIATION RE CHINA CAMP STATE PARK OVERNIGHT CAMPING -
File 12-5
Council reviewed a letter from Glenwood Homeowners Association, expressing their concern regarding
the State's considering permitting overnight camping at China Camp State Park. They feel this would
permit access through their neighborhood on foot, with cars parking along the streets and would induce
litter and increased fire danger.
Councilman Mulryan moved and Councilman Nixon seconded, to send a strong letter to the State presenting
the City's position with regard to banning of overnight camping in the park.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1293 - AMENDING THE ZONING MAP BY REFERENCE BY SECTION 14.15.020
CHARTER ORDINANCE NO. 1293 - An Ordinance of the City of San Rafael Amending the Zoning Map by Refer-
ence by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from
R-l:B-2 (Single Family Residential, Minimum Building Site Area 10,000 sq. ft.) District to R -1-B-1
(Single Family Residential, Minimum Building Site Area 7,500 sq. ft.) District, was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PROPOSED MARIN MUNICIPAL WATER DISTRICT WATER MANAGEMENT POLICY - File 151
Council reviewed the Marin Municipal Water District Water Management Policy, and agreed that a
letter should be written to the MMWD opposing the allocation program on the basis that the City does
41
not feel that the Water Board should be in the land planning business, that this should be left to the
local governmental bodies; also, that the letter should request the moratorium on water meters be
lifted. A letter is also to be written to the San Rafael representative on the Water Board regarding
lifting of the water meter moratorium.
Both letters are to be presented to the Council for approval at the April 17, 1978 meeting.
RE: APPLICATIONS FROM MEDICAL SHUTTLE SERVICE, INC., AND STAR TRANSPORTATION, FOR NON -EMERGENCY TRANS-
PORTATION FOR THE ELDERLY AND HANDICAPPED - File 9-9
After review, and report from staff, Councilman Mulryan moved and Councilman Nixon seconded, to grant
licenses to both applicants, Medical Shuttle Service, Inc., and Star Transportation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECOMMENDATION OF PLANNING COMMISSION RE URGENCY ORDINANCE REZONING GERSTLE PARK AREA - File 163
a. Communication from Gerstle Park Neighborhood Association.
b. Urgency Ordinance Recommended by Planning Commission.
The Council heard from property owners in the Gerstle Park area, seeking to control the zoning so that
the density does not increase. Many of them favored a short-term moratorium while the Gerstle Park
Neighborhood Plan is being finalized. Others spoke against rezoning downward, so they could maintain
their multiple unit properties. Petitions were presented, reflecting the divergent views.
Councilman Nixon moved and Councilman Mulryan seconded, to recommend that a four-month moratorium on
development be enacted, and any other necessary steps be taken to control the present situation.
AYES: COUNCILMEN: Mulryan and Nixon
NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion failed.
Councilman Nixon then moved, and Councilman Miskimen seconded, to adopt the urgency interim ordinance
as recommended by the Planning Commission, using the Use Permit procedure, and ask the Planning
Commission to set up an immediate meeting with the Gerstle Park Neighborhood Association to work on
their Neighborhood Plan.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
Since four votes are required for adoption of an urgency ordinance, motion failed.
An Interim 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, by Rezoning Designated
Property Within the Gerstle Park Neighborhood so that any Development Projects Therein are Subject to
Use Permit Approval, and numbering Charter Ordinance No. 1295, was read, introduced and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion passed.
Councilman Miskimen moved and Councilman Nixon seconded, that the Planning Commission exercise the
responsibility for reviewing the Gerstle Park Neighborhood Plan as expeditiously as possible, and while
so doing consider alternatives regarding boundaries.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion passed.
RE: COMMUNICATION FROM CANAL COMMUNITY COUNCIL RE POLICE PROTECTION - File 9-3-30
The Council heard from Marilyn Weller, Chairperson of the Canal Community Council, regarding the need
for foot patrol within the Canal area, as a means of controlling the crime situation. She felt this
would provide a more visible means of protection for the residents of the area. Other Canal area
residents provided additional information on the incidents of crime in their neighborhood.
The matter was referred to the Police Department, for review and comment. Staff is to meet with Canal
Community Council membership, and give an evaluation at the next Council meeting on April 17, 1978.
(Councilman Jensen left meeting during
discussion on next agenda item.)
42
RE: REPORT ON UTILITY USERS' TAX - File 9-12
Councilman Miskimen moved and Mayor Bettini seconded, to set a public hearing for the April 17, 1978
Council meeting, to consider a utility users' tax ordinance.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: COMMUNICATION FROM MARIN COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES - File 9-3-31
Council reviewed a letter from County of Marin Department of Health and Human Services stating that
they are preparing a federal grant application for funding in the area of advanced life support emer-
gency medical care. They asked the City's endorsement of their application through a "letter of
support".
Councilman Nixon moved and Councilman Miskimen seconded, that the City send a letter of support to
the County.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
ABSTAINED: COUNCILMEN: Mayor Bettini, due to possible conflict of interest
RE: PURCHASE OF OPEN SPACE PROPERTY - ERIKSEN (AP #13-141-25) - File 2-1-61
RESOLUTION NO. 5450 - AUTHORIZING THE PURCHASE OF 6.6 ACRES OF OPEN SPACE, ERIKSEN PROPERTY
(AP #13-141-25)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: REQUEST TO PURCHASE REPLACEMENT FLAP GATES FOR STORM WATER PUMP STATIONS - File 12-9
Council considered request from Director of Public Works Caillouette, for authorization for emergency
purchase of flap gates for the Kerner Blvd./Canal Street pumping station, and at the Francisco Blvd.
pumping station; and replacement parts to rebuild two existing flap gates at the Peacock Gap pumping
station. The total estimated cost is $27,000. Director Caillouette suggested the various sources for
the necessary funds. Councilman Mulryan asked if any of the gates can be rebuilt, and Director
Caillouette replied that is being looked into, and if any can be rebuilt they will be.
Councilman Miskimen moved and Councilman Mulryan seconded, to approve the request regarding purchase
of the flap gates, and replacement parts.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
The Council adjourned to their next meeting on April 17, 1978.
A<:ze�.- �-
dAfif M. LEONCINI, City Clerk
APPROVED THIS 7X-1 DAY OF C.Q , 1978.
If
MAYOR OF THE CITY OF SAN RAFAEL
Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency
in Room 201 of the San Rafael City Hall, on Monday, April 10, 1978, at 8:00 PM.
Joint Meeting: Present: Lawrence E. Mulryan, Councilman
City Council and and Chairman, Redev. Agency
Redevelopment Agency C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Harry A. Connick, City Attorney
The City Council/Redevelopment Agency met in Executive Session to discuss property acquisition and
litigation.
No action was taken.
Meeting adjourned to the next regular meeting of April 17, 1978.
dRR1EM. LEONCINI
City Clerk/Agency Secretary
APPROVED THIS 7% DAY OF ap-t P , 1978.
HAIRMAN, SAN RAFAEL REDEVELOPMENT AGENCY
In the Council Chambers of the City of San Rafael, Monday, April 17, 1978, at 8:00 PM
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A.
Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of April 3 and 10, 1978
Meetings.
Claim for Damages - Clifford N. Johnsen
File No. 3-1-332
Report on Bids:
a. Police Motorcycle - File 4-2-12B
b. Marine Engines - File 4-2-12,7
Recommendations for Changes in Use Fees for
Falkirk - File 9-10-2
Resolution Authorizing the Agreement with
Shell Oil Company at Second St. and Lincoln
Ave. - File 2-8-12
Grant of Easement - Third and "B" Streets
Parking Lot - File 2-2 x 4-1-269
Report on Sign Ordinance Interpretation -
File 125 - x 9-2-10 x 9-2-6
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co.'s
recommendation for denial.
RESOLUTION NO. 5451 - AUTHORIZING
THE PURCHASE OF POLICE MOTORCYCLE
FROM THE EQUIPMENT REPLACEMENT FUND
(Harley Davidson, $4,178 minus
$1,500 trade-in allowance, for
net bid of $2,687)
Authorized negotiation for purchase
and replacement on open market.
Referred to Cultural Affairs
Commission.
RESOLUTION NO. 5452 - AUTHORIZING
AGREEMENT WITH SHELL OIL AT LINCOLN
AVENUE AND SECOND STREET.
RESOLUTION NO. 5453 - ACCEPTING A
GRANT OF RIGHT-OF-WAY EASEMENT FOR
ACCESS PURPOSES, THIRD AND "B"
STREETS PARKING LOT, SAN RAFAEL,
CALIFORNIA
Received report.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXPIRATION OF TERMS OF PARKS & RECREATION COMMISSIONERS, LOVE AND NICHOLSON - File 9-2-4
Councilman Miskimen moved and Councilman Jensen seconded, to approve reappointment of Parks and Recrea-
tion Commissioners William Love and Vernon Nicholson, to four-year terms commencing May 1, 1978.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESIGNATION OF CULTURAL AFFAIRS COMMISSION MEMBER - File 9-2-24
Council reviewed letter of resignation from Cultural Affairs Commissioner Patricia Fortini Meyer.
Councilman Mulryan moved and Councilman Miskimen seconded, to have a Resolution of Commendation prepared
for Mrs. Meyer, and advertise the vacancy on the Commission for 30 days.
RESOLUTION NO. 5454 - RESOLUTION OF COMMENDATION (Mrs. Patricia F. Meyer)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - ED78-3/UP78-6 - FAST-FOOD RESTAURANT, 831 FOURTH STREET; OGDEN FOOD SERVICE
CORP., OWNER; RON GLANDER, REP.; C-2 DISTRICT; AP 11-273-01 - APPEAL FROM DECISION OF PLANNI14G
COMMISSION - File 10-5
Mayor Bettini declared the public hearing opened.
45
The Council heard from Attorney Lucius Bernard, representing the Ogden Food Service Corporation (Doggie
Diners), who contended that a use permit should not be required since this operation was not a fast-
food service.
The Council then heard from Ron Glander, architect, who described the setbacks and landscaping plans
as illustrated in his drawings.
Assistant City Attorney Bullard stated he believes the operation is that of a fast-food restaurant.
Councilman Miskimen moved and Councilman Mulryan seconded, to take the position that a use permit
would be required.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mr. Bernard cited police statistics regarding other Doggie Diner operations, showing a low percentage
of incidents, and presented a petition with over 500 names, urging the City Council to approve the
application.
Mayor Bettini declared the public hearing closed.
After discussion Councilman Jensen moved and Councilman Miskimen seconded, to deny the appeal, and
sustain the action of the Planning Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - REPORT ON IMPACT OF PROPOSITION 13 - File 8-5
City Manager Bielser presented a report on the impact of the Jarvis/Gann Initiative should it pass in
the June 6, 1978 election. The report stated that San Rafael would lose approximately $2,000,000 in
property tax income, which would equal an overall 21% reduction in spending.
The report recommended cutting of expenses and raising certain fees, and pointed out that the recommen-
dations were a one-year stop gap approach using one-time nonrecurring income. The recommendations
would result in only minor decreases in services by the City's departments, and would not necessitate
laying off any currently employed fulltime employees during Fiscal Year 1978/79.
Mayor Bettini declared the public hearing opened.
Council heard presentations from various taxpayers' groups, including Joe Bernat and Fielding Greaves
of Marin United Taxpayers, asking that the City take an objective approach and not use scare tactics,
and that they study the Behr Bill and compare it with Proposition 13. They also suggested getting a
commitment from Sacramento on disbursement of the State surplus. Walter Kosta, president of the Police
Association, urged that no Police positions be cut.
Mayor Bettini declared the public hearing closed.
Councilman Nixon moved and Councilman Mulryan seconded, to accept the City Manager's report as pre-
sented.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen stated he would like to have a Town Meeting on the second Saturday in June (June
10th), in the event the Jarvis/Gann initiative passes.
RE: PUBLIC HEARING - CONSIDERATION OF ORDINANCE ESTABLISHING A UTILITY USERS' TAX - File 9-12
Mayor Bettini declared the public hearing opened.
Assistant City Attorney Bullard reported that utility users' taxes have been adopted by at least 50% of
the Charter Cities in California. The proposed ordinance is based upon a model ordinance most of the
Charter Cities have used.
The Council then heard from representatives of local taxpayers' groups, including Col. Filler of Irate
Taxpayers of Marin, Mr. Bernat and Mr. Greaves of Marin United Taxpayers, and from residents Ray
Swanson, Clifford Elbing, Cy Hofmeister and Pauline Haro, objecting to any further taxation.
Mayor Bettini declared the public hearing closed.
Councilman Nixon moved and Councilman Jensen seconded, to not consider the proposed ordinance to
establish a utility users' tax.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION - P77-19, GENERAL PLAN AMENDMENT -
BUSINESS AND INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER, END OF ANDERSEN DRIVE
(MAGGIORA & GHILOTTI, OWNERS) - File 10-6
Appeal dropped by appellants.
M,
RE: PERSONS WISHING TO ADDRESS COUNCIL
Mrs. Marilyn Weller, chairperson of the Canal Community Council, listed various cases in which
their group has had problems with staff.
Mayor Bettini asked Mrs. Weller to put her presentation in writing so that staff could respond and
the problems could be resolved.
RE: REPORT ON POLICE PROTECTION IN CANAL AREA - File 9-3-30
The Council reviewed the report from Police Chief Benaderet on problems and suggested solutions.
The first two suggested solutions were: Addition of one patrol beat (five patrolmen and one patrol
car); and conversion of the worthy but unbudgeted Police Aide to a fully budgeted position.
Councilman Nixon moved and Councilman Mulryan seconded, to approve the first two items, to be put in
the non-Jarvis/Gann budget provisionally.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1294 - AMENDING CHARTER ORDINANCE #898 RENEWING AND EXTENDING
THE CATV FRANCHISE OF VIACOM, INTERNATIONAL FOR A TEN 10 YEAR PERIOD ENDING FEBRUARY 28, 1988 - File
9-7-4
CHARTER ORDINANCE NO. 1294 - An Ordinance of the City of San Rafael Amending Charter Ordinance #898
Renewing and Extending the CATV Franchise of Viacom, International for a Ten (10) Year Period Ending
February 28, 1988, was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1295 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, BY REZONING DESIGNATED PROPERTY WITHIN
THE GERSTLE PARK NEIGHBORHOOD SO THAT ANY DEVELOPMENT PROJECTS THEREIN ARE SUBJECT TO USE PERMIT
APPROVAL - File 163
CHARTER ORDINANCE NO. 1295 - 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, by Rezoning
Designated Property within the Gerstle Park Neighborhood so that any Development Projects Therein are
Subject to Use Permit Approval, was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: RECOMMENDATION OF PLANNING COMMISSION RE PEACOCK GAP NEIGHBORHOOD PLAN - File 166 9-2-6
Robert Winckler, president of the Peacock Gap Homeowners Association, spoke of the need for a neighbor-
hood plan, since development of the Chin Ho lands, American Savings & Loan Unit #5, the Sixty -Trust
lands, and the McNear's Point Quarry, is imminent. The Association feels that adoption of a neighbor-
hood plan would facilitate the planning and permit process, and they are looking to the City for
leadership in implementing a neighborhood plan. The Association is requesting that their plan be
given priority over other neighborhood plans.
Planning Director Hotchner noted that in the approved Work Program the Gerstle Park Neighborhood Plan
was given first priority, and the Lincoln Avenue and Park/Union plans were next in priority. He stated
that the concept of the neighborhood plans was directed at conversion neighborhoods of the older,
developed type. For this reason, the Planning Commission has repeatedly stated that they do not
intend to prepare the kind of plan the Peacock Gap Association is requesting, that the density projec-
tion technique system, with the rezoning of the peripheral lands to this system, would be the proper
manner for controlling the further development so that it would be consistent with the neighborhood.
The Peacock Gap Association has not been accepting this, and have not agreed with the Planning
Commission.
Mr. Hotchner stated that there is no projection for doing the type of plan requested at City expense
and with City staff. There is, within the EIR consultant contract, a requirement, and the consultant
met last week with the Peacock Gap people to get their thoughts as to what a neighborhood plan should
be, to present to the Planning Commission the residents' thinking. It was the expression of the
Planning Commission that there are two, not four, parcels within the City Limits - only the American
Savings & Loan, and the Chin Ho properties are within the City Limits.
The Council questioned the priorities of the Lincoln Avenue and Park/Union plans which had previously
been approved in the projected work plan.
The Council then agreed to permit the Peacock Gap plan to proceed, and to ask the Planning Director
to come back to the Council with a dissertation on how the neighborhood plan priorities were decided.
Mr. Hotchner asked that his report be deferred until the second meeting in June (June 19th) since
he will be on vacation leave during the month of May. The Council agreed.
(Councilman Mulryan left meeting)
47
RE: APPEAL OF MARIN TOWING RE PLACEMENT ON POLICE TOWING ROTATIO14 LIST - File 9-3-30
The Council reviewed a letter from Marin Towing, requesting that they be placed on the Police Depart-
ment's Rotation Towing List. The owner, Doug Shaffer felt that he should be considered. A City
committee had upheld the Police Dept.'s denial.
Police Chief Benaderet stated that there have never been complaints against the two towing firms pre-
sently on the list, in the past seven years, and cannot see the necessity for adding another firm.
Councilman Jensen moved and Mayor bettini seconded, to deny the Marin Towing appeal and sustain
the action of the City committee.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Councilman Nixon suggested that the Police Chief consider opening the towing list every three to five
years, to give other towing firms a chance to apply.
RE: FINAL REPORT, FALKIRK CONCEPTUAL MASTER SITE PLAN - File 4-3-67
The Council reviewed a report on the Falkirk conceptual master site plan, which Bruce Judd of the
Charles Hall Page & Associates firm described as their long-term goal.
The subject of circulation was discussed, since the report suggested that the exit and entrance drive-
ways be reversed so that visitors would approach the house along the more favorable side, and drop-offs
would be facilitated. The Council expressed concern regarding the sight distance on Mission Avenue if
the pattern is reversed.
(Councilman Nixon left meeting)
Councilman Miskimen moved and Councilman Jensen seconded, to accept the conceptual master plan, with
traffic circulation to be discussed at a later date.
AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RE: FINAL REPORT ON HISTORICAL SURVEY - File 13-14-2
The Council reviewed the report, which listed 32 structures as Exceptional; 74 structures as Excellent;
and 194 structures as Good, for a total of 300. They discussed the next steps to be taken, regarding
historical landmark designations. Cultural Affairs Chairman Daniel Mardesich stated they would probably
go by district, taking the exceptional structures in a given area first, and considering the others
later.
Councilman Jensen moved and Councilman Miskimen seconded, to accept the report as a survey.
AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RE: CULTURAL AFFAIRS COMMISSION REPORT ON PROPOSED FAUDE MUSEUM - File 9-2-24
Report accepted. Item to be considered during budget discussions.
The Council adjourned to their next meeting on May 1, 1978.
APPROVED THIS
(SANNE M. LEONCINI, City Clerk
DAY OFJr
,
MAYOR OF THE CITY OF -SAN RAFAEL
1978.
OZ
Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency
in the Council Chambers on Monday, May 1, 1978, at 7:45 PM.
Joint Meeting:
City Council and
Redevelopment Agency
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
and Agency Vice -Chairman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
and Agency Chairman
Also Present: William J. Bielser, City Manager/Agency Executive Director;
Harry A. Connick, City/Agency Attorney; Jeanne M. Leoncini, City Clerk/
Agency Secretary
RE: COMPLIANCE WITH SECTION 33433, CALIFORNIA HEALTH & SAFETY CODE
Redevelopment Agency Associate Director Ed Ward informed the Council/Agency that the Agency's legal
consultants had reviewed the procedures taken in the Redevelopment Agency in connection with the
disposition of Agency -owned property, and had interpreted Section 33433 of the California Health &
Safety Code as requiring that approval must also come from the legislative body exercising jurisdic-
tion, namely the City of San Rafael. Mr. Ward stated that the necessary legal advertisements have been
published.
CITY: File 167
RESOLUTION NO. 5455 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA
HEALTH & SAFETY CODE REGARDING SALE TO SIDNEY HENDRICKS
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 5456 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA
HEALTH & SAFETY CODE REGARDING SALE TO WARSEN/PEARSON
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 5457 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA
HEALTH & SAFETY CODE REGARDING SALE TO BILTWELL (Paul Epp)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
AGENCY:
RESOLUTION NO. 78-31 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE. RE: SALE TO
HENDRICKS
AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen
NOES: MEMBERS: None
ABSENT: MEMBERS: Chairman Mulryan
RESOLUTION NO. 78-32 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE. RE: SALE TO
WARSEN/PEARSON
AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen
NOES: MEMBERS: None
ABSENT: MEMBERS: Chairman Mulryan
RESOLUTION NO. 78-33 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE.
RE: SALE TO BILTWELL (Paul Epp)
AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen
NOES: MEMBERS: None
ABSENT: MEMBERS: Chairman Mulryan
City Council adjourned to their next regular meeting immediately following this meeting.
Redevelopment Agency adjourned to their next regular meeting May 15, 1978.
JEYNE M. LEONCINI, City Clerk /Agency Secretary
APPROVED THIS DAY OF
61��
1978.
In the Council Chambers of the City of San Rafael, Monday, May 1, 1978, at 8:UU PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
Mayor Bettini introduced Anne Parke, new Senior Planner.
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the fol-
lowing consent calendar items:
Item
Approval of Minutes of April 17, 1978, Meeting.
Report on Proposed Audit Contract, 1977/78 -
File 8-1
Proposed Budget Hearings Schedule - File 8-5
Certificate of Appreciation to Osa
(Niki) Simons - File 102
Donations to Falkirk Community Cultural Center
File 8-19
Recommended Action
Approved as submitted.
Approved recommendation.
Approved schedule.
RESOLUTION 5458 - RESOLUTION OF APPRECIA-
TION TO USA (NIKI) HALL SIMONS
Approved recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: MuIryan
RE: PUBLIC HEARING - PREZONING (PreZ78-8) - 2464 FIFTH AVENUE (AP #177-240-0b) FROM COUNTY: RMP -U.5
(RESIDENTIAL MULTIPLE PLANNED, ONE UNIT PER TWO ACRES) DISTRICT, TO CITY: R -1-B-1 (SINGLE FAMILY
RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,5UO SQUARE FEET) DISTRICT; LINDA CALDWELL, OWNER; ALBERT
BIANCHI AND L. E. OBERKAMPER, REPS. - File 5-2-76
Mayor Bettini declared the public hearing opened.
Associate Planner Art Brook explained that this is a prezoning, prior to annexation proceedings, and
that the Planning Commission had unanimously recommended that the City Council approve this action.
After discussion, Mayor Bettini declared the public hearing closed.
Councilman Jensen moved and Councilman Miskimen seconded, to approve the Negative Declaration on the
Environmental Assessment.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: 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 14.15.02U of the Municipal Code, so as to Reclassify Certain Real
Property from RMP -0.5 (Residential Multiple Planned, One Unit per Two Acres) District to R -1-B-1
(Single Family Residential, Minimum Building Site Area 7,5UU Square Feet) District, and numbering
Charter Ordinance No. 1296, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PUBLIC HEARING - PROPOSED AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE NO. 1191 - File 13-14-2
Mayor Bettini declared the public hearing opened.
Community Projects Director Snyder briefed the Council on the proposed changes to the Historic Preserva-
tion Ordinance No. 1191. The Council considered the proposed changes, and amended the wording in
sections 2.18.041, 2.18.050 (e), and 2.18.065 (b).
Mayor Bettini declared the public hearing closed, there being no public input.
Councilman Miskimen moved and Councilman Jensen seconded, to pass the proposed ordinance to print,
with the following amendments: Section 2.18.041, delete the word "individual"; Section 2.18.05U
(e), change to "that after 90 days have elapsed from the date of initiation of said designation, the
permit application may be approved if final action has not been completed; except that the time may
be extended by action of the City Council"; and Section 2.18.065 (b), change to ...as appraised by
a qualified real estate appraiser whose fee shall be paid by the property owner, and selection to be
approved by City staff".
50
An ordinance of the City Council of the City of San Rafael Amending Chapter 2.13, Historic Preservation,
of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1297, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REQUEST FOR RECO14SIDERATION OF CITY COUNCIL DECISION IMPOSED IN CONNECTION WITH TEMPORARY USE
PERMIT FOR 1717/1719 FIFTH AVENUE - File 10-5
The Council considered a request from Carl Belline, one of the owners of 1717/1719 Fifth Avenue,
with regard to one of the conditions imposed by the Council at their April 3rd meeting in connection
with a temporary use permit granted to a Group Counseling Center, tenants of the second floor of the
building. The condition limited the number of persons who could occupy the first floor.
After discussion, the matter was referred to the Planning Department, and Senior Planner Parke was re-
quested to confer with Mr. Belline and his attorney in an effort to find a solution to the occupancy
problem.
RE: FOLLOWUP REPORT, SAN RAFAEL HOTEL (FORMER LINCOLN HOTEL) FIRE - File 13-5
The Council reviewed a proposed Urgency Ordinance submitted by Assistant City Attorney Bullard, re-
quiring installation of centrally terminated smoke detector systems in multiple residential buildings
upon their construction, repair, or transfer.
After discussion with Fire Chief Marcucci with regard to the definition of the types of dwelling units
which would fall under this requirement, the ordinance was referred back to the City Attorney's office
to be amended to specify types of buildings - whether hotels, motels, rooming houses, including capa-
city, etc.
City Manager Bielser asked the Council if, pending finalization of the ordinance, a building permit for
the San Rafael Hotel should not be issued, and the Council agreed.
RE: RESOLUTION INCREASING BUSINESS LICENSE FEES - File 9-10
RESOLUTION INCREASING DEPARTMENTAL USER SERVICE CHARGES - File 9-10-2
The Council considered a proposed resolution increasing user fees by 5U%, and each business license tax
by 20%. It was agreed that the business license tax would not be acted upon at this time, although the
Council understood that if not acted upon before the end of June it could not be acted upon after that
time if the Jarvis/Gann initiative passes.
Councilman Nixon moved and Councilman Miskimen seconded, to table the subject of user fee increases and
consider it in June.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PROGRESS REPORT, PICKLEWEED PARK EXPANSION PLANS - File 2-1-55
The Council heard a report from architect R. Bruce Shaffer, whose presentation was accompanied by
drawings showing a substantially reduced lagoon area; proposed turf areas, with three soccer fields;
modular, expandable recreation buildings; a proposal of three softball fields; parking for approxi-
mately fifty cars; and adult areas for bocci ball, horseshoes, barbecues and similar activities.
Mr. Shaffer stated that the plan had been approved in concept by the Canal Community Council, and is
flexible.
The Council thanked Mr. Shaffer for his presentation.
City Manager Bielser informed the Council that the Board of Supervisors will very shortly be considering
the Local Assistance funds for Pickleweed Park, and he requested authorization to appeal to the Board of
Supervisors since the City did not get the funds they requested previously. Councilman Miskimen stated
he thought the Canal Community Council should be asked to help in the appeal. The Council granted
Mr. Bielser permission to appeal to the the Board of Supervisors.
RE: COMMUNICATION FROM CANAL COMMUNITY COUNCIL - File 2-1-55
The Council considered a letter from the Canal Community Council and the CSN 2b Advisory Board, re-
questing discussion of the use of the $75 "Bedroom Tax" which will be coming from the Spinnaker Point
development.
City Manager Sielser estimated that the tax will generate approximately $3U,000.
After discussion Councilman Nixon moved and Councilman Miskimen seconded, to earmark the "Bearoom Tax"
funds generated from Spinnaker Point for the expansion of Picklweea Park development; funding to
be reviewed each year.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: FALKIRK RESTORATION PROJECT CHANGE ORDER - File 4-1-265
Public Works Director Caillouette reported that during the restoration work on Falkirk it was discovered
that the existing deck, railing and supports contained dry -rot. He therefore recommended replacement
of the deck from the $1b,000 Falkirk Reserve Fund, with any remaining funds to be applied to other minor
project improvement work.
51
Councilman Nixon moved and Councilman Jensen seconded, to approve the staft recoinmendation regarding the
$16 000 Falkirk Reserve Fund being used to replace the deck and to be applied to other minor improvement
work.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: COMMUNICATION FROI4 TOWN OF CORTE MADERA RE CONDOMINIUM CONVERSION PROJECT - File 9-5-C
Letter from Town of Corte Madera asked support for their appeal to Board of Supervisors regarding
Village Green Condominium Conversion. No action was taken, since City Manager Bielser notified the
Council that the matter had been taken care of.
RE: PARKS & RECREATION COMMISSION RECOMMENDATION RE PROGRAM PLAN FOR ALBERT PARK MASTER PLAN -
File 4-3-66
The Council heard a presentation by George Gervin, architect with the firm of Royston, Hanamoto, Beck &
Abey, accompanied by drawings showing their latest concept for the Albert Park Master Plan. The Council
thanked Mr. Gervin for his presentation.
(Councilman Nixon left the meeting)
RE: SMITH RANCH ASSESSMENT DISTRICT NO. 2 - File 6-33
RESOLUTION NO. 5459 - ABANDONING PROCEEDINGS FOR THE FORMATION OF SMITH RANCH ASSESSMENT DISTRICT NO. 2,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RE: SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32
RESOLUTION NO. 546U - AMENDING RESOLUTION OF INTENTION NO. 5194, SMITH RANCH ASSESSMENT DISTRICT NO. 1,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RESOLUTION NO. 5461 - AMENDING DESIGNATION OF PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AMENDED
AGREEMENT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, IVIARIN
COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RESOLUTION NO. 5462 - ACCEPTING REPORT AND SETTING HEARING OF PROTESTS, SMITH RANCH ASSESSMENT
DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RESOLUTION NO. 5463 - CALLING FOR CONSTRUCTION BIDS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
Councilman Jensen moved and Councilman Miskimen seconded to call for construction bids, with bid date of
May 23, 1978, at 2:UO PM.
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
Councilman Jensen moved and Councilman Miskimen seconded, that the City of San Rafael retain ownership
of the entire street lighting system.
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
(Councilman Nixon returned)
RE: REPORT ON PURCHASE OF STREET LIGHTING SYSTEM - File 4-4
The Council considered a staff report which they had authorized, regarding the City's street lighting
system. The conclusion of the report indicates basically that the City can save $lUU,000 a year by ac-
quiring the City street lighting system.
52
After discussion Councilman Nixon moved and Councilman ivliskimen seconded, to direct staff to begin nego-
tiation with Pacific Gas & Electric Company regarding City's acquisition of the street lighting system.
AYES: COUNCIL14EN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON PUBLIC WORKS COUNTER -CYCLICAL FUNDING - File 6-14
The Council considered a report from Finance Director Coleman, stating that he had been advised by the
Department of the Treasury that the City will not be receiving any antirecession funds for
the April/June 1976 quarter, since our unemployment rate is now below the minimum 4.5% rate necessary
for further funding. The report pointed out that the City now has two employees funded from the anti -
recession funds: Art Brook, Associate Planner @ $1,299 monthly, and Ralph Boatman, Planning Technician
@ $1,165 monthly. Mr. Coleman also stated that it is possible that funding could be resumed after July if
the City's unemployment rate goes above 4.5%
After discussion Councilman Jensen moved and Councilman Miskimen seconded, to move Associate Planner Brook
into the recently vacated permanent City position of Associate Planner; and Planning Technician Boatman
be retained on a temporary basis.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: DISCUSSION OF INSTALLATION OF BARRIER, ANDERSEN DRIVE - File 11-12 x 9-3-3U
Public Works Director Caillouette recommended that, as a deterrent to the speeding on Andersen Drive,
speed limit signs be posted and striping be done. With these precautions, the Police Department will
then have authority to cite violators and will have better control of the situation. If this does not
prove effective it will be necessary to look toward closing of the street.
The Council approved the staff recommendation regarding striping and signs.
ann TTFPnC-
RE: REQUEST FOR SIGN - SAN RAFAEL HIGH SCHOOL - File 125
City Manager Bielser reported that he had a request from the San Rafael High School Student Body to
allow construction of a large sign adjacent to Third Street. They also requested waiver of the $95
variance cost.
Councilman Jensen moved and Councilman Nixon seconded, to waive the variance fee, and have staff
work with the student body in going through the Planning process, as a learning experience.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REQUEST FROM ECUMENICAL HOUSING FOR WAIVER OF FEE - File 9-10-2
City Manager Bielser informed the Council that Ecumenical Housing has requested a waiver of the Use
Permit and Variance Fee of approximately $160, relating to work being done on their offices. Mr.
Bielser stated he felt this might establish a precedent.
Councilman Jensen moved and Councilman Miskimen seconded, to accept the recommendation of the City
Manager and deny the request for a waiver of fee.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
The Council adjourned to their next regular meeting on May 15, 1976.
A E M. LEONCINIi,e---C- i �tClerk
APPROVED THIS /S 7d
DAY OF ,
MAYOR OF THE CITY OF SAN RAFAEL
19-7—F
53
in the Council Chambers of the City of San Rafael, Monday, May 15, 1976, at B:OU PM.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry E. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of May 1, 1976, meetings
Claim for Damages - Albert Lucas - File 3-1-330
Claim for Damages - Pauline L. & E. H. Senner
- File 3-1-333
Claim for Damages - Helen Dowden - File 3-1-336
Resolution Establishing Salary for CETA Word
Processing Clerk - File 7-4
Authorization to Apply for Land & Water Con-
servation Funds for Pickleweed Park Develop-
ment - File 2-1-55
Grant of Drainage Easement - Lot 66, Peacock
Drive - File 2-4
Angiolini Annexation, Approved by LAFCo -
File 5-2-76
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co's recommendation
for denial.
Approved R. L. Kautz Co's recommendation
for denial.
Approved R. L. Kautz Co's recommendation
for denial.
RESOLUTION NO. 5464 - AMENDING RESOLUTIOii
NO. 5134 PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT,
CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES (Word
Processing Operator).
RESOLUTION NO. 5465 - APPROVING THE APPLICATION
FOR LAND AND WATER CONSERVATION FUNDS, PICKLEWEED
PARK DEVELOPMENT PROJECT.
RESOLUTION NO. 5466 - ACCEPTING GRANT OF EASEMENT
ON LOT 66 AT 96 PEACOCK DRIVE, SAN RAFAEL,
CALIFORNIA
RESOLUTION NO. 5466 - ORDERING AN ANNEXATION OF
TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION
ACT.
Report on Applications for Fire Commission - Extended application period for 3U days.
File 9-2-5
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CLAIM FOR DAMAGES - FIREMAN'S FUND INSURANCE COMPANY (ELIZABETH ANDERSON) - File 3-1-339
Item continued to June 5, 1976 meeting.
RE: PARKING METER BUGGY REPLACEMENT - File 4-2-13
Council considered a staff report, giving the relative merits of a gas -powered meter buggy and a
battery -powered electric model. Report indicated that Cushman is the sole supplier for the gas -
powered model.
After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff
recommendation to purchase a gas -powered vehicle at an estimated cost of $4,7UU.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PURCHASE OF FIVE POLICE VEHICLES AND TWO PUBLIC WORKS VEHICLES - File 4-2-129 x 9-3-30 x 9-3-40
RESOLUTION NO. 5467 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PURCHASE OF POLICE UNDER COVER
VEHICLES AND PUBLIC WORKS VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (to
Hertz, Low Bidder)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECOMMENDATION RE LIABILITY INSURANCE DEFENSE COUNSEL - File 9-6-1
Item continued to June 5, 1978 meeting.
54
RE: PERSONS WISHING TO ADDRESS COUNCIL
CABLE TV SERVICE TO OAKMONT COURT, FAIRHILLS AREA - File 9-7-4
Michael Taekman of 15 Oakmont Court in the Fairhills area, requested service be extended by Viacom
to Oakmont Court, since all residents are unanimous in desiring it, and are concerned that if Phase
II fails they may not receive the service.
The Council was informed by staff that the cable service could be extended over the top of the hill,
from Chula Vista, and that Viacom was willing to share half of the cost if the City would pick up
the other half. Total estimate is $3,500.
After discussion, Councilman Jensen moved and Councilman Miskimen seconded, to approve the extension
of Cable TV service to Oakmont Court, with City paying $1,750 out of Showtime revenus, and Viacom
paying like amount.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Staff was then directed by Council to make a study of the possibility of Cable TV connections to ad-
jacent properties while extending service from Chula Vista.
RE: FINAL ADOPTION - ORDINANCE NO. 1296 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFOR-
NIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN
REAL PROPERTY FROM RMP -0.5 RESIDENTIAL MULTIPLE PLANNED, ONE UNIT PER TWO ACRES DISTRICT TO
R -1-B-1 SINGLE FAMILY RESIDENTIAL. MINIMUM BUILDING SITE AREA 7.500 SQUARE FEET DISTRICT 2464
rittn Avenue) - rile b -L -/b
CHARTER ORDINANCE NO. 1296 - An Ordinance of the City of San Rafael Amending the Zoning Map of the
City of San Rafael, California, Adopted by Reference by Section 14.15.02U of the Municipal Code, so
as to Reclassify Certain Real Property from RMP -U.5 (Residential Multiple Planned, One Unit per Two
Acres) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 square feet)
District, was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1297 - AMENDING CHAPTER 2.18, HISTORIC PRESERVATION, OF THE SAN
RAFAEL MUNICIPAL CODE - File 13-14-2
CHARTER ORDINANCE NO. 1297 - An Ordinance of the City of San Rafael, Amending Chapter 2.18, Historic
Preservation, of the San Rafael Municipal Code, was adopted as an Ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT BY MAYOR BETTINI ON COUNCIL POLICIES - File 9-1
Policy set forth by Mayor Bettini, and accepted by the Council, was that requests for projects
which will require more than normal routine staff work should come before the Council for approval.
Councilman Mulryan inquired about a committee of two Council members to review expense account
statements. Mayor Bettini agreed that he will appoint two Council members to serve for six months
at a time, for the purpose of reviewing expense accounts of the Mayor and Councilmen.
RE: PRESENTATION BY CHINA CAMP STATE PARK PLANNING TEAM - File 12-5
Council heard a presentation by Norm Kucala, a Department of Parks and Recreation Staff Planner
for the State of California, and Jack Hesemeyer, Area Manager for the Marin area for the State
Department of Parks and Recreation, on the latest plans for the park as a result of the meetings
they have been holding. It contained modified overnight camping areas, considering accommodations
for the approximately 16% of visitors who would come to the park from outside the Bay Area and would
be interested in overnight camping. The use of North San Pedro Road for access was also discussed,
and the impact on surrounding neighborhoods.
After further discussion, Councilman Nixon moved and Councilman Miskimen seconded, to adamantly
reaffirm the City Council's position with regard to having no overnight camping in the China Camp
State Park.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
55
Councilman Miskimen then moved and Councilman Nixon seconded, to contact Congressman Burton and
explain the recreational deficiencies as set forth on page 2 of the State Planning Team's report and
urge that he take all action possible to increase the overnight camping facilities in the Golden
Gate National Recreation Area.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
(Councilman Jensen left meeting)
RE: CONCEPTUAL PLAN FOR TERRA LINDA RECREATION CENTER ADDITION - File 9-3-65
Council heard an explanation from Recreation Director Jauch on the proposed plans, which are to be
done with the $35,000 capital improvement funds budgeted for this purpose. It involves changing the
entrance to the Center, and moving the offices away from the pool area and closer to the activity
area of the building.
Architect Allen Schafer, who volunteered his services, further explained the plans with the help of
drawings.
The Council thanked Mr. Schafer, and complimented Director Jauch on his careful and astute use of
the funds.
Councilman Nixon moved and Councilman Mulryan seconded, to approve the plans in concept.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: REUUEST TO HOLD BINGO GAMES AT COMMUNITY CENTER - File 9-3-65
Council considered a request from City of Hope for use of the San Rafael Community Center twice a
month, on Mondays, for Bingo games. Recreation Director Jauch stated he had no objection since
Monday is a lightly used night at the Center, but that it was against the Council's policy to grant
regular use of the facility to a public group.
After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, to grant approval to
the City of Hope for use of the Center on a month-to-month basis, and that if it develops other
groups are being displaced the use approval may be withdrawn.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Playor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
(Councilman Jensen returned to meeting)
RE: APPROVAL OF THE 1978 SUMMER RECREATION PROGRAM - File 9-3-b5
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the 1976 Summer Recreation
Program as submitted.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
(Councilman Nixon left the meeting)
RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES - File 9-3-65
RESOLUTION NO. 5469 - AUTHORIZING THE SIGNING OF A CONTRACT(S)
(Summer Recreation Program Instructors: Steven Cermak, Dance; Carl Clement,
Tumbling; Jack Hyde, Soccer; Marin Self Defense School, Judo; John Panagakis,
Basketball; Las Gallinas Driving Range, Golf; Carl Parfitt, Photography;
Darrell Jorgenson, Diving; Samual Taylor Livery Co., Horseback Riding)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSED CULTURAL AFFAIRS SUMMER PROGRAM - File 9-2-24
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the proposed Cultural Affairs
Summer Program.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSAL OF CITY/COUNTY SERVICES COMMITTEE RE DISTRIBUTION OF MONIES - File 4-13-38 x 147 x 9-3-40
City Manager Bielser briefed the Council on the differing proposals for distribution of various
monies to which the City of San Rafael is entitled. Funds include: Local Parks Assistance, HCDA,
I FAU, Urban Thoroughfare, County Undergrounding, and perhaps others. Staff is recommending that the
City of San Rafael endorse the use of distribution of funds on a straight population basis wherever
legally possible, and that this position be conveyed to the City/County Services Committee, the
Marin County Council of Mayors and Councilmen, and to the Nlarin County Board of Supervisors.
56
Councilman Mulryan moved and Councilman Jensen seconded, to accept the recommendation of staff.
AYES: COUNCILMEN: Jensen, Miskimen, lvlulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSED FEE SCHEDULE - CERTIFICATES OF COMPLIANCE - File 9-1u-2 x 9-3-40
Council considered a report by Public Works Director Caillouette, on the requirement of the State
Subdivision Map Act for Certificates of Compliance. He therefore suggested that the Council adopt a
resolution amending the Plaster Fee Schedule by adding fees for the processing of Certificates of Com-
pliance. Amount specified is $5U.UO.
RESOLUTION NO. 5470 - RESOLUTION OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE SCHEDULE BY
ADDING THERETO SECTION 11.4.1 FOR FEES FOR THE PROCESSING OF CERTIFICATES OF
COMPLIANCE
AYES: COUNCILMEN: Jensen, Miskimen, lylulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: APPLICATION FOR NON -EMERGENCY MEDICAL SHUTTLE SERVICE - 9-9
Finance Director Coleman presented an application from Williams Medical Transportation, Inc., for
non -emergency medical transportation.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the application.
AYES: COUNCILMEN: Jensen, Miskimen and Mulryan
NOES: COUNCILMEN: Mayor Bettini
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON PLANNING COMMISSION ACTION, PEACOCK GAP NEIGHBORHOOD PLAN - File 10-2 x lbb
Planning Commission at their meeting of May 9, 1978, were divided in their opinions as to priorities
for preparation of neighborhood plans, and therefore did not establish any change. Their minutes re-
flect that Commissioner Lund abstained from the discussion; Commissioners Nissen, Rodrigues and
Starkweather felt that the Lincoln Avenue Neighborhood Plan should be given the next priority; and
Commissioners Breiner, Duggan and Boro felt that the Peacock Gap Neighborhood Plan should be given the
next priority.
(Councilman Nixon returned during discussion)
Councilman Miskimen moved and Councilman Mulryan seconded, that Peacock Gap Plan be given second pri-
ority, and Lincoln Avenue plan be given third priority.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ADDITIONAL, NON -AGENDA ITEMS:
RE: HCDA FUNDS FOR BELLAM BOULEVARD PROJECT - 4-13-38 (Verbal report)
City Manager Bielser asked for authorization from the Council to allocate $53,000 out of the $145,uuu
in HCDA funds, for the Bellam Boulevard Project.
Councilman Miskimen moved and Councilman Mulryan seconded, to approve the allocation of $53,000 from
HCDA funds.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CLAIM FOR DAMAGES - KATHRYN DAVENPORT - File 3-;-330a x 9-3-40
Staff requested approval of a settlement to Kathryn Davenport for damage from a blocked sanitary
sewer.
Amount of settlement, $2,295.
Councilman Jensen moved and Councilman Miskimen seconded, to approve the payment of the $2,295 settlement.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BUDGET HEARINGS ON REVENUE SHARING PROJECTS - File 8-5 (Verbal report)
City Manager Bielser informed the Council that under the new Federal Sharing requirements,
a public hearing must be held two weeks prior to budget hearings on Revenue Sharing projects.
57
RE: MARIN MUNICIPAL WATER DISTRICT CONSIDERATION OF LIFTING MORATORIUM - File 151 (Verbal Report)
City Manager Bielser reported that at 4 P1v1 on May 24, 1978, the Marin Municipal Water District Board
will meet to consider lifting of the water moratorium.
Councilman Jensen moved and Councilman Miskimen seconded, that Mr. Bielser attend the meeting and pre-
sent the Council's policy, urging lifting of the moratorium.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AMENDMENT TO RESOLUTION NO. 5391 PERTAINING TO COMPENSATION FOR MANAGEMENT AND UNCLASSIFIED
EMPLOYEES - File 7-4
City Manager Bielser informed the Council that the City Librarian position was inadvertently omitted
when Resolution No. 5391 was adopted.
RESOLUTION NO. 5471 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5391 PERTAINING TO THE COMPENSATION FOR
MANAGEMENT AND UNCLASSIFIED EMPLOYEES (City Librarian)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION COMMENDING SOCCER COACH ED WRIGHT - File 102
RESOLUTION NO. 5472 - RESOLUTION COMMENDING SOCCER COACH ED WRIGHT
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council adjourned to their next regular meeting on June 5, 1978.
ANNE IA. LEONCINI, City Clerk
APPROVED THIS J� DAY OF , 1979
6 eaml -- -
MAYOR OF THE CI OF SAN RAFAEL
a
In Room 201, City Hall, City of San Rafael, Monday, May 22, 1978, at 8:UU Piv1
Joint Meeting: Present: C. Paul Bettini, Mayor/Agency Member
City Council and Fred Jensen, Councilman/Agency Member
Redevelopment Agency John A. Miskimen, Councilman/Agency Member
(Arrived @ 8:25 PM)
Lawrence E. Mulryan, Councilman
and Agency Chairman
Absent: Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager/Agency Executive Director;
Edward P. Ward, City Real Estate Officer/Agency Associate Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary.
AGENCY:
RE: INTERVIEWING OF APPLICANTS FOR REDEVELOPMENT CITIZENS ADVISORY COMMITTEE
Agency interviewed Robert M. Jones, applicant for vacancy on the Redevelopment Citizens
Advisory Committee caused by the resignation of Sig Herzog.
After discussion, Member Bettini moved and Member Jensen seconded, to appoint Robertfvl.
Jones to fill the unexpired tgerm until June 1979.
AYES: MEMBERS: Bettini, Jensen and Chairman Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: Miskimen and Nixon
CITY:
RE: INTERVIEWING OF APPLICANTS FOR FIRE COMMISSION - File 9-2-5
Council interviewed two applicants, Langdon "Tad" Alvord and Jan Ryssemus, for one
vacancy on the Fire Commission.
(Councilman Miskimen arrived during interview
of Mr. Al vord)
After discussion, it was agreed that as Council, on May 15, 1978, had extended the
filing period for 30 days, no decision be made pending possible receipt of additional
applications.
CITY/AGENCY:
The City Council/Redevelopment Agency then met in Executive Session to discuss property
acquisition.
No action was taken.
Meeting adjourned to the next regular meeting of June 5, 1978.
J ANNE M. LEONCINI
City Clerk/Agency Secretary
APPROVED THIS 5 -/t;l
DAY OF ,
19 78
59
In Room 201, City Hall, City of San Rafael, Monday, June 5, 1978, at 8:00 PM
Joint fleeting: Present: C. Paul Bettini' Mayor/Agency Member
City Council and Fred Jensen, Councilman/Agency Member
Redevelopment Agency John A. kliskimen, Councilman/Agency Member
Lawrence E. Mulryan, Councilman
and Agency Chairman
Jack G. Nixon, Councilman/Agency Member
Also Present: William J. Bielser, City Manager/Agency Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary; Harry A. Connick,
City Attorney/Agency Attorney
RE: RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY TO AUTHORIZE THE SALE OF PROPERTY ON EAST FRAN-
CISCO BLVD. OFF GRAND AVENUE FORMER SCHLOSSER PROPERTY - AP 14-133-05 TO ANGELO FERRO - File R-77
RESOLUTION NO. 78-37 - TO AUTHORIZE THE SALE OF PROPERTY ON EAST FRANCISCO BOULEVARD OFF URAND
AVENUE (FORMER SCHLOSSER PROPERTY - AP 14-133-U5)
AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: None
RE: RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY TO AUTHORIZE THE LEASE, DEVELOPMENT AND DISPO-
SITION OF PROPERTY ON IRWIN AND THIRD STREETS AP 14-122-06, U7, 08, 09, 10, and 11) - File R-47
RESOLUTION NO. 78-38 - TO AUTHORIZE THE LEASE, DEVELOPMENT AND DISPOSITION OF PROPERTY ON IRWIN AND
THIRD STREETS (AP 14-122-06, 07, 08, 09, 10, and 11)
AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: None
RE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE
CALIFORNIA HEALTH AND SAFETY CODE REGARDING THE AMENDED LEASE AND SALE TO SIDNEY HENDRICKS - File lb7
RESOLUTION NO. 5473 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING THE
AMENDED LEASE AND SALE TO SIDNEY HENDRICKS
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFOR-
NIA HEALTH & SAFETY CODE REGARDING SALE TO FERRO -File 167
RESOLUTION NO. 5474 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE
TO FERRO (Schlosser Property)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council/Agency adjourned to the regular City Council meeting immediately following
this meeting.
City Clerk/Agency Secretary
APPROVED THIS / DAY OF , 19 7 P
SAN RAFA
M
In the Council Chambers of the City of San Rafael, Monday, June 5, 1978, at 8:UU PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: SPECIAL PRESENTATION - File 102
Mr. Bryce Anderson made a presentation of the San Rafael Centennial Youth Award to Lorelei L.
Stoufer of Terra Linda High School in the form of a $15U scholarship for her contribution to the
community in serving as president of the Beautification Committee at the school which included
activities such as landscaping and painting. Certificates were also presented to the students who
were runners up, all of whom had received serious consideraion for the award because of their
community service activities.
RE: CONSENT CALENDAR
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of May 15 and 22, 1978
Meetings.
Claim for Damages - Michael Arena,
File 3-1-343
Claim for Damages - Lorenzo Johnson,
File 3-1-344
Claim for Damages - Raymond Smith,
File 3-1-345
Vacation of Surplus Portion of North San Pedro
Road at Merrydale Road - File 3-5-25
Grant of Additional Road Right -of -Way -
Third Street between Tamalpais Avenue
and Hetherton Street - File 2-2
Resolution Authorizing Staff to Apply for
Title V Grant Funds - Terra Linda Recreation
Center - File 168
State Proposal to Terminate Funding for
Blood Alcohol Program - File 9-3-30
Resolution Adopting Provisions of California
Code of Civil Procedure - File 9-3-16
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co's
recommendation for denial.
Approved R. L. Kautz Co's
recommendation for denial.
Approved R. L. Kautz Co's
recommendation for denial.
RESOLUTION NO. 5475 - RESOLUTION
OF INTENTION TO ORDER VACATION
OF PART OF PUBLIC STREET (San Pedro
Road at Merrydale Road). Set Public
Hearing for July 17, 1978.
RESOLUTION NO. 5476 - ACCEPTING
CONVEYANCE OF REAL PROPERTY FOR
ROAD WIDENING PURPOSES FROM
CALIFORNIA FEDERAL SAVINGS AND LOAN
ASSOCIATION.
RESOLUTION NO. 5477 - APPROVING
THE CITY MANAGER'S APPLICATION
FOR TITLE V FUNDS UNDER THE OLDER
AMERICANS ACT AND AUTHORIZING THE
MAYOR TO EXECUTE THE CONTRACT (for
Terra Linda Recreation Center)
Agreed to oppose cancellation of
program.
RESOLUTION NO. 5478 - ADOPTING THE
PROVISIONS OF SECTION 1094.6 OF THE
CODE OF CIVIL PROCEDURE REGARDING
JUDICIAL REVIEW OF ADMINISTRATIVE
DETERMINATIONS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing
was declared closed.
(Councilman Nixon left meeting)
a. RESOLUTION NO. 5479 - DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT, SMITH RANCH ASSESSMENT
DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
b. Council approved filing of the Amended Report.
61
c. Council; app-ro-ved filing of Consent of Property Owner.
d. Council received letter from Stone & Youngberg amending Commitment Letter.
e. RESOLUTION NO. 5480 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE
LAS GALLINAS VALLEY SANITARY DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO.
1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
f. RESOLUTION NO. 5481 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE
MARIN MUNICIPAL WATER DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY
OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
g. RESOLUTION NO. 5482 - APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENTS, SMITH
RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
h. RESOLUTION -N0. 5483 - AUTHORIZING CHANGES IN WORK TO BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF
THE CITY OF SAN RAFAEL, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
i. RESOLUTION NO. 5484 - RESOLUTION OF AWARD OF CONTRACT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY
OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(To lowest responsible bidder, Tyler -Engelke Corp.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
j. Notice of Award of Contract - notice to be published.
k. RESOLUTION NO. 5485 - AUTHORIZING SALE OF BONDS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA (to Stone & Youngberg)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
1. RESOLUTION NO. 5486 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SMITH RANCH - NORTHERLY
PORTION"
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
m. RESOLUTION NO. 5487 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SMITH RANCH - SOUTHERLY
PORTION"
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Mr. Robert Brunsell of Sturgis, Ness and Brunsell, stated for the record that Pacific Telephone and
Pacific Gas & Electric agreements will be presented shortly.
Public Works Director Caillouette asked the Council, with regard to Mr. Smith's letter and offer of
funding toward construction of the on-ramp, for authorization to talk with CALTRANS and see what is
to be done regarding timing, etc. Mr. Caillouette will then report back to the Council.
Councilmen Jensen moved and Councilman Miskimen seconded, to authorize Mr. Caillouette to discuss the
matter with CALTRANS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
62
RE: PUBLIC HEARING - REZONING, 99 SMITH RANCH ROAD AT CRESTA DRIVE (A 5 ACRE PORTION OF AP #155-120-70)
(Z78-9)MODIFICATION OF P -D PLANNED DEVELOPMENT DIASTER PLAN: EDWARD & JORDAN SMITH, OWNERS, CAL FORNIN
STATE AUTOMOBILE ASSOCIATION, REP. - File 10-3
Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was
declared closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to certify the Nagative Declaration as to
Environmental Impact.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
CHARTER ORDINANCE NO. 1298 - An Urgency Ordinance of the City of San Rafael Amending Ordinance No. 1219
which Amended the Boundaries of Districts in Accordance with Section 14.02.010 of the Municipal Code
of San Rafael, California, so as to Reclassify Certain Real Property from "P -D" (Planned Development)
District to "P -D" (Planned Development) District by Amending the Master Plan, was adopted as an urgency
ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
(Councilman Nixon returned to meeting)
RE: PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION - A77-3, CONSIDERATION OF REVOCATION OF
PERMIT TO KEEP CHICKENS, 16 HACIENDA COURT: CAROL ANN TYE, APPLICANT: R-1 DISTRICT: AP #15-012-07 -
File 10-10
Mayor Bettini declared the public hearing opened.
Council considered letters of complaint, and letters of support, from neighbors. They heard from
Mrs. Carol Ann Tye, whose son has been raising the chickens as a 4-H project. She stated they have
tried to keep the area clean, and offered to paint the chicken coop to match their house, and to reduce
the number of chickens or get rid of the rooster, if required.
Council then heard from Jerry Van Soest of 24 Hacienda Court, who complained about flies, odors, and
the fact that the rooster crows at any hour of the day. Since he works nights and sleeps during the
daytime he felt this was an extreme annoyance.
There being no further public input, the public hearing was declared closed.
After discussion, Councilman Jensen moved and Councilman Nixon seconded, that the appeal be denied
and action of the Planning Commission sustained, and that revocation of the permit to keep the
chickens take place on September 1, 1978.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: None
RE: PERSONS WISHING TO ADDRESS COUNCIL - File 8-5
Mrs. Marilyn Weller of the Canal Community Council spoke regarding citizen participation in budget ses-
sions, and was told by Mayor Bettini that all budget sessions are open meetings and the reason they
have been held in the Public Works conference room in recent years is because there was little or no
public participation. He informed her that the upcoming budget sessions are scheduled to be held in
the Council Chambers, with notices of meeting dates given to newspapers.
RE: REQUEST FOR FURTHER EXTENSION OF USE PERMIT - #2 BROOKDALE: STANLEY A. FEINGOLD, APPLICANT -
File 10-5
Mr. Feingold requested a 120 -day extension of his Use Permit and Variance Permit in order to clear
title on this portion of Linden Lane which is in question. He stated he had just received a paper
from the title company which indicates he owns the underlying street.
Councilman Mulryan moved and Councilman Miskimen seconded, to grant the 120 -day extension on the Use
Permit and Variance Permit.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION RE CLOSE UP PROGRAM - File 9-4
Council heard from Anne Miskimen, who urged the Council to support Assembly Constitutional Amendment
No. 85, which would add a provision to the Constitution that a United States citizen residing in Cali-
fornia who will become 18 years of age on or before the date of the statewide general election may
vote in any election conducted on the day of the immediately preceding direct primary election.
Councilman Mulryan moved and Councilman Jensen seconded, that the Council support Assembly Constitu-
tional Amendment No. 85.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
63
RE: COMMUNICATIONS FROM MRS. LOUISE SOUSA - File 13-1-1
a. Posting of Handicapped Signs on Private Property by City.
b. Discussion of Drinking Fountain at Court Street Mall.
c. Police Response to Private Property.
Continued to Council meeting of June 19, 1978, since Mrs. Sousa could not be present at this meeting.
RE: REPORT ON COMMISSION VACANCIES
a. Planninq Commission - File 9-2-6
Councilman Mulryan moved and Councilman Miskimen seconded, to reappoint Commissioners Dorothy
Breiner and Edmumd Duggan, whose terms will expire in July of this year, both terms to run until
July 1982.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
b. Cultural Affairs Commission - File 9-2-24
Council accepted staff recommendation that a decision on the vacancy caused by the resignation of
Patricia Meyer be held off until Proposition 13 is decided.
c. Library Board of Trustees - File 9-2-3
Council accepted staff recommendation that a decision on the vacancy caused by resignation of Eliza-
beth Merriman be held off until Proposition 13 is decided.
d. Fire Commission - File 9-2-5
Council received a report from staff that two applicants have been interviewed and a third applica-
tion has been received for the vacancy on this Commission. The application period is open until
June 15. This item to be continued to the Council meeting of June 19, 1978.
RE: IMPLEMENTATION OF EMPLOYEE RELATIONS CONTRACTS - File 7-3
Continued to June 19, 1978 meeting.
RE: STAFF REQUEST FOR COUNCIL INPUT FOR CHARTER AMENDMENTS ON NOVEMBER BALLOT - File 9-4
Council directed the City Attorney to prepare Charter amendments for the Novewmber ballot on the fol-
lowing: Raise the bid limit to $5,000; Leases to be by Ordinance, unless the term of lease is five
years or less, or the total rent does not exceed $6,000; City Tax Collector position to be deleted
from the Charter.
RE: REPORT ON COUNTY RECOMMENDATIONS, 1978/79 BAHIA VISTA COMMUNITY SCHOOL PROGRAM - File 4-13-52
City Manager Bielser briefed the Council, and recommended that the City request the Board of Super-
visors to have the County fund the full amount of the program, approximately $14,015.
Councilman Nixon moved and Councilman Miskimen seconded, to approve the staff recommendation and appeal
to the Board of Supervisors to fund the full amount.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM THE AMERICAN BUILDING DEVELOPERS RE PARKING IN LIEU FEES - File 1U-2
Council heard from Edward H. Kuykendall, General Partner of The American Building, regarding required
parking spaces for their proposed American Building at Fifth Avenue and "D" Street. He stated that
he is required to have 120 parking spaces and he has so far figured 95 spaces. Planning Commission
has granted a variance of 10%, and recommends that 13 spaces be compensated for by "in lieu" fees.
Mr. Kuykendall stated that he could, through increasing the compact car spaces, reduce the difference
to 10 spaces.
Councilman Jensen moved and Councilman Miskimen seconded, to approve the "in lieu" fee for 1U spaces
at $5,000 per space, providing the necessary compact car spaces are included in the plan.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR CITY TO SHARE IN COST FOR SEWER EASEMENT PROTECTION - 88 WINDSOR AVENUE -
File 9-3-40 x 12-9
Council considered a report from Public Works Director Caillouette, recommending that the City pay
for the construction of an interceptor ditch above the property at 88 Windsor Avenue, to protect the
City's sanitary sewer. After a recent landslide, the property owner, Paul Castagna, made a costly
emergency repair just below the sanitary sewer easement, which undoubtedly provided protection to
the City's sewer line. Mr. Caillouette stated that his recommendation applies only if the City
receives a release approved by the City Attorney which protects the City from any liability for the
slide or slide repair. Cost of the lined interceptor ditch would be approximately $2,000 to $2,50U.
Councilman Jensen moved and Councilman Nixon seconded, to approve staff recommendation for construc-
tion of the lined interceptor ditch at an approximate cost of $2,000, with the provision regarding
release from liability.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON SPINNAKER POINT DEVEOPMENT HAZARD PROTECTION REQUIREMENTS - File 12-5
Public Works Director Caillouette informed the Council of proposed levee improvements to be constructed
around the Spinnaker Point Development for protection against flooding and tsunamis. The proposed
levee protection would encompass the entire development, and would be adjacent to the Canal to the
north, Bay frontage to the east, lands of Holiday Magic to the south, and the Bahia developments to the
west. In order to provide complete perimeter protection around the development, a portion of Canal
Street near Schoen Park will be raised approximately 4 to 5 feet to meet the grade of the existing
levee adjacent to the Canal. This will result in Schoen Park being at a lower elevation than the street
and levee and more or less in a hole. To prevent this, the developer has agreed to raise the grade of
the park to a higher elevation. Mr. Caillouette asked for authorization from the Council to consult with
the Landscape Architect for Pickleweed Park, Mr. Bruce Shaffer, to develop a plan for Schoen Park which
will provide the most feasible tie between the new Spinnaker Shoreline Park and the new Pickleweed Park.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MARIN MUNICIPAL WATER DISTRICT PAYMENT FOR PAVING OF STREETS - CANAL AREA - File 151
Public Works Director Caillouette reported that there is a deposit on hand from the Marin Municipal
Water District amounting to $24,659.12 which represents a savings on certain emergency pipeline work
by the MMWD in the Canal area. This was due to reduced requirements for trench restoration.
Director Caillouette requested that the Council, by motion, direct that the funds be approriated specif-
ically for street reconstruction and/or resurfacing in the Canal area.
Councilman Jensen moved and Councilman Nixon seconded, to approve staff recommendation on use of the
$24,659.12 on deposit from the MMWD.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED CITY OF SAN RAFAEL/HOUSING AUTHORITY AGREEMENT FOR RESIDENTIAL REHABILITATION LOAN PROGRAM -
File 157 x 4-13-53
RESOLUTION NO. 5466 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin Housing
Authority re Residential Rehabilitation Program)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Agreement is to be revised to include a 30 -day cancellation clause.
RE: GRANT APPLICATION TO CALIFORNIA ARTS COUNCIL FOR FUNDING CITY CULTURAL NEEDS ASSESSMENT PROJECT
SURVEY - File 4-10-110 ,r, %,
RESOLUTION NO. 5469 - RESOLUTION APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR GRANT
FUNDING FROM THE CALIFORNIA ARTS COUNCIL
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
140ES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF DATE FOR JULY 3RD COUNCIL MEETING - File 9-1
Council discussed the possibility of changing the date of the first meeting in July, due to the Fourth
of July holiday falling on a Tuesday.
Councilman Jensen moved and Councilman Mulryan seconded, to hold the meeting on Wednesday, July 5, 1976.
AYES: COUNCILMEN: Jensen, Mulryan and Nixon
NOES: COUNCILMEN: Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: PROGRESS REPORT ON WEST FRANCISCO BOULEVARD EXTENSION PROJECT - File 9-3-4U
Council received a status report from Public Works Director Caillouette, and agreed with his recommenda-
tion that a positive letter should be directed to the Northwestern Pacific Railrozd requesting that
they take all possible action to conclude the project.
65
RE: SAN PEDRO COVE - UNIT ONE - File 5-1-240
a. Resolution Approving Final Map
RESOLUTION NO. 5490 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SAN PEDRO COVE -
UNIT ONE" (Paganini)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
b. Approval of Agreement and Bond for Sanitary Sewer System
Councilman Miskimen moved and Councilman Jensen seconded, to approve agreement and bond for sani-
tary sewer system, subject to conditions as listed by staff.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR ACTUARIAL STUDY - CITY RETIREMENT SYSTEM - File 7-1-26 (Oral Report)
Councilman Mulryan stated he had this item put on the agenda, because he feels that the City should have
an actuarial study made of the retirement program. There has been considerable publicity about the
program, and he is concerned about the possibility of the City having to raise their contribution.
After discussion, it was agreed that City Manager Bielser would contact the firm which recently com-
pleted the actuarial study for the County, and to solicit inquiries from other firms also.
ADD ITEMS
RE: ACQUISITION OF 4.5 ACRES OFF LYNN COURT - File 13-14-1
City Manager Bielser recommended to the Council that they approve purchase of 4.6 acres off Lynn Court
from Open Space funds. The area is on the open space inventory.
RESOLUTION NO. 5491 - AUTHORIZING THE PURCHASE OF 4.5 ACRES OF OPEN SPACE - RUEB PROPERTY
(AP #13-271-3U) (For $28,150)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROBLEM OF NONCONFORMING USE AT 23 HEPBURN HEIGHTS - File 3-3-28 x 9-3-16
Mayor Bettini directed City Attorney Connick to resolve the problem of nonconforming use at 23 Hepburn
Heights without further delay.
The City Council adjourned, to meet in Executive Session as the Redevelopment Agency, to discuss
property acquisition.
."_� A
NNE M. LEONCINI, tity Clerk
APPROVED THIS 9 DAY OF 19 7k
V N111
MAYOR OF THE CITY OF SAN RAFAEL
SIC
In the Council Chambers of the City of San Rafael, Monday, June 12, 1973, at 7:30 PM.
Special Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. wliskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack U. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
Mayor Bettini stated he did not feel that the Council was prepared to discuss the budget at this time,
due to the fact that the City does not know what monies will be coming from the State.
There followed a discussion on possible sources of revenue, such as raising of fees for various ser-
vices. Also discussed was the possibility of savings derived from not filling vacancies as they occur
except where absolutely essential.
City Manager Bielser was asked to brief the Council on his study regarding the impact of Proposition 13,
including possible ways of curtailing expenses and of increasing revenues. Mr. Bielser Driefed the
Council on the recommendations in his report.
The subject of employee contracts was discussed, and continued to the regular Council meeting of June 19,
1978, in the hope that more information would be forthcoming from Sacramento. With regard to personnel,
City Manager Bielser was asked to circulate a questionnaire to all personnel, asking if they plan to
retire between the present time and the end of calendar year 1978, and asking if they plan to take a
job elsewhere. The questionnaires are not to be signed, but should show what type of position the per-
son holds. Report is to be made at the regular Council meeting on June 19th. At that time, new dates
for budget hearings will be set if sufficient information has been received from Sacramento regarding
allocation of the State's surplus funds to cities.
Meeting adjourned to the next regular Council meeting Monday, June 19, 1978.
J AN E Ih. LEONCINI, ity Clerk
APPROVED THIS / 7 -4;1-
DAY OF nJ7-' 19 7
77
C'' A
MAYOR OF THE CITYSAN RAFAEL
67
In the Council Chambers of the City of San Rafael, Monday, June 19, 1978, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Vice -Mayor
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of June 5, 1978 Meetings.
Application for Grant for Law Enforcement
Purposes to Office of Criminal Justice
Planning - File 9-3-30
Agreement for Street Improvements - Redwood
Drive - File 4-10-112
Federal -Aid Urban Projects:
a. Approval of Master Agreement
b. Approval of Program Supplement No. 1
File 4-10-66 (Master Agreement) x 4-8-19
Southbound On-ramp) x 9-3-40-x 11-15-1
Hold Harmless Agreements for Canal Safety Swim
Program - File 9-3-65
Administrative Hearing May 31, 1978, re Uses of
Revenue Sharing Funds for FY 1978/79 File 8-5 x 8-9
Recommended Action
Approved as submitted.
RESOLUTION NO. 5492 - APPLICATION
FOR GRANT FOR LAW ENFORCEMENT PURPOSES
TO THE OFFICE OF CRIMINAL JUSTICE PLANNING
RESOLUTION NO. 5493 - AUTHORIZING EXECUTION
OF AGREEMENT FOR COMPLETION OF STREET IMPROVE-
MENT WORK ON REDWOOD DRIVE (W/Evangelical
Covenant Church)
RESOLUTION NO. 5494 - AUTHORIZING EXECUTION
OF MASTER AGREEMENT FOR FEDERAL -AID PROJECTS
IN THE CITY OF SAN RAFAEL
RESOLUTION NO. 5495 - AUTHORIZING EXECUTION
OF PROGRAM SUPPLEMENT NO. 1 TO FAU MASTER
AGREEMENT FOR SOUTHBOUND ON-RAMP AT NORTH SAN
PEDRO RUAD & STATE ROUTE 101 INTERCHANGE
RESOLUTION NO. 5496 - AUTHORIZING THE SIGNING
OF AGREEMENT (Hold Harmless Agreements w/Bahia
de Rafael Townhouse Assn. & Fairfax Gardens,
for Canal Safety Swim Program)
Received report. Public Hearing to be set
coincidental with budget hearings
Review and Approval for Flood Control Zone #6 File 12-9 Approved.
Deferred Compensation Administrator File 7-4-5
RESOLUTION NO. 5497 - APPOINTING THE ADMINIS-
TRATOR OF THE CITY AUTHORIZED DEFERRED COMPEN-
SATION PLAN (LaVon Eller in lieu of Richard
Uchida).
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - PREZONING (PreZ78-11) - 3 RED ROCK WAY (AP #179-232-07), FROM COUNTY: A -2:b-4
(LIMITED AGRICULTURAL, ONE ACRE PARCEL) DISTRICT, TO CITY: R -1-B-4 (SINGLE FAMILY RESIDENTIAL, MINIMUM
BUILDING SITE AREA ONE ACRE) DISTRICT. INITIATED BY SHAUN WILTSHIRE, REPRESENTED BY ROBERT C. MARTIN
File 10-3
Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public hearing
was declared closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to make a Negative Declaration as to Environ-
mental Impact.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
An ordinance of the City of San Rafael Amending the Zoning Flap of the City of San Rafael, California
Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Prezone Certain Real Property
from A -2:B-4 (Limited Agricultural, One Acre Parcel) District to R -1-B-4 (Single Family Residential,
Minimum Building Site Area One Acre) District, and numbering Charter Ordinance No. 1299, was read, in-
troduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
FROM
f i
RE: PUBLIC HEARING - Z75 -10(b) - DETAILED DEVELOPMENT PLAN FOR MARIN YACHT CLUB RESIDENTIAL COMPLEX;
PT. SAN PEDRO ROAD NEAR SUMMIT; MARIN YACHT CLUB, OWNER: BRENT DICKENS & RICHARD TARRANT, REPS.; FROM
U TO PUD -R-1 DIST.; PTN OF AP #09-031-U6 - File 10-5 x 2-8-6
Vice -Mayor Jensen declared the public hearing opened.
Attorney Richard Tarrant asked for a continuation of the hearing, until the full Council could oe pres-
ent. Bud Weisenburg asked that a firm date be set, so that those interested could be present.
Vice -Mayor Jensen declared the public hearing closed.
The Council, after discussion, continued the hearing until the Council meeting of July 17, 1978, when
the full Council is expected to be present.
RE: PUBLIC HEARING - ED77-123, UP77-95, V77-24, SR78-9 - GEMCO DEPARTMENT STORE; BELLAM BLVD. BETWEEN
ANDERSEN DRIVE AND HIGHWAY 17; N. BLUMENFELD, OWNER; LUCKY STORES F. D. HELM, REP.; U DISTRICT;
AP #18-051-18, #18-062-15/16 & 22 - File 1U-3/4/5
a. Appeal by Canal Community Council of Planning Commission's decisions re applications for Environ-
mental Design Review, a Use Permit, a Variance, and Sign Review. Consideration of request for a
waiver of appeal filing fee and Sign Review. Consideration of request for a waiver of appeal
filing fee.
b. Appeal by Applicant (Lucky Stores) of a Planning Commission condition of approval in granting
Environmental Design Review and inaction on a Variance requesting a reduction in required parking.
Vice -Mayor Jensen declared the public hearing opened.
Councilman Mulryan moved to waive the appeal filing fee for the Canal Community Council. Seconded by
Councilman Miskimen.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Both appellants requested continuance of the public hearing to July 17, 1978.
Vice -Mayor Jensen declared the public hearing closed.
After discussion, the Council agreed to continue the hearing until July 17, 1978.
RE: PERSONS WISHING TO ADDRESS COUNCIL - File 10-5 x 10-6
Mr. Mario Ghilotti requested waiver of his late filing on an appeal of a Planning Commission decision.
He stated it was due to a misunderstanding regarding the time for submission of an appeal. The appeal
involves a commercial industrial building at 1111 Francisco Boulevard, Fairview Lands, Inc., owners
(AP 9-191-12, 14, & 18. He also requested that a public hearing date be set regarding the matter.
The Council unanimously granted the waiver of the late filing requirement, and agreed to set the public
hearing for their meeting of July 5, 1978.
RE: COMMUNICATIONS FROM MRS. LOUISE SOUSA - File 13-1-1
a. Posting of Handicapped Signs on Private Property by City.
Chief Benaderet explained to Mrs. Sousa that the Vehicle Code does not apply to private parking,
and unless the owner of the property posts a sign the police cannot take action. Public Works
Director Caillouette and Traffic Engineer Gerth gave reports regarding steps which have been taken
to interest property owners in posting of signs at handicapped parking stalls. However, to date
they have had very minor success.
The Council requested that the Traffic Engineer continue to pursue the matter in an attempt to get
more handicapped parking signs posted on private property.
b. Discussion of Drinkinq Fountain at Court Street Mall.
In response to iters. Sousa's complaint that wheel -chair users cannot reach the drinking fountain in
the Mall, it was agreed by the Council that if the City finds other use for the present drinking
fountain, staff will look into replacing it with one which handicapped persons can use.
c. Police Response to Private Property
This relates to item "a" above.
Mrs.Sousa stated that there is a grating in the Mall which has holes which could catch high -heeled
shoes. She also complained about the grade of the Mall being too steep for many wheel -chair users,
and it was explained to her that the grade was pre-existing and the City had no choice in the
degree of slope.
Mrs. Sousa was assured by the Council that they will do all they can to correct the items mentioned.
RE: LIABILITY INSURANCE DEFENSE COUNSEL - File 9-6-1
After discussion Councilman Mulryan moved and Councilman Miskimen seconded, that the following law
firms represent the City of San Rafael in litigation arising from claims over $5,000:
Bianchi, Hoskins & Rosenberg
Freitas, Allen, McCarthy, Bettini & MacMahon
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ABSTAINED: COUNCILMEN: Nixon
RE: FIRE COMMISSION VACANCY - File 9-2-5
Councilman Miskimen moved and Councilman Nixon seconded, to defer the matter until the meeting of
July 5, 1978.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: IMPLEMENTATION OF EMPLOYEE RELATIONS CONTRACTS - File 7-3
City Manager Bielser explained that the resolutions presented are required to implement the employee
relations contracts which were negotiated two years ago.
Mr. Bielser stated that Councilman Mulryan had a report to make. Councilman Mulryan said he had
heard from Sacramento that there is a possibility that the State may make a stipulation that cities
who grant cost of living raises may be ineligible for their share of the surplus funds.
Attorney Gary Messing, representing Police and Fire personnel stated he felt that there is a contrac-
tual agreement which must be acted upon before July 1st. If action is not taken, he felt the City
will be in breach of contract.
Councilman Mulryan stated that he will personally attempt to find out from Sacramento any developments
on the subject.
After further discussion Councilman Nixon moved and Councilman Mulryan seconded, that the Council meet
in special session on or before June 30th, with the understanding that it will be as soon as possible,
to consider the matter of implementation of the employee contracts.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
City Manager Bielser added that as soon as there is an indication as to what action the State is
going to take he will notify the Council members and set a date they can all be present, and then
contact the employees' associations and notify them as to date and time of the meeting.
The Council then considered a request from City Attorney Connick for an increase in his salary to
bring it into the same salary range as other department heads. It was agreed that action on this item
should be taken at budget hearings.
(Councilman Nixon left meeting)
RE: ORDINANCE AMENDING UNIFORM FIRE CODE, REQUIRING MAINTENANCE OF RECORDS AND TESTING OF UNDERGROUND
FLAMMABLE AND COMBUSTIBLE LIQUID INSTALLATIONS - File 9-3-31 x 13-5
An ordinance of the City of San Rafael Amending Ordinance No. 1268, Codified as Title 4, Chapter
4.08 of the Municipal Code of the City of San Rafael, Requiring Maintenance of Records and Testing
of Underground Flammable and Combustible Liquid Installations, and numbering Charter Ordinance No.
1300, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, fvlulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
RE: REQUEST FOR FRANCHISE AGREEMENT FOR INDUSTRIAL TELEPHONE SYSTEMS, INC. - File 9-7-5
An Ordinance of the City of San Rafael Granting to Industrial Telephone Systems, its Successors, and
Assigns, the Franchise: (1) To Use, for Transmitting and Distributing Facilities for Communication
for Use by Consumers, All Poles, Wires, Conduits, and Appurtenances which Are Now or May Hereafter
Be Lawfully Placed and Maintained in the Public Streets and Places Within the City of San Rafael
under that Certain Franchise of Grantee Acquired Pursuant to Section 8 of Article XII. of the Consti-
tution of the State of California, and (2) To Construct, Maintain, and Use in said Public Streets and
Places All Poles, Wires, Conduits, and Appurtenances, Including Communication Circuits, Whenever and
Wherever said Constitutional Franchise Shall Not be Available Therefor, Necessary to Transmit and Dis-
tribute Communications Facilities Suited for, and for Use by Consumers for, Any or All Lawful Purposes,
and numbering Charter Ordinance No. 1301, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
70
RE: REPORT ON SUMMER PROGRAMS
a. Recreation Programs - File 9-3-65
Council considered a report from Recreation Director Jauch, regarding their goal toward becoming
self-sustaining by raising fees in an attempt to maintain the same level of service if possible.
A copy of the proposed Summer Recreation Schedule was presented for review.
The following policy changes were also recommended: 1) Elimination of the nonresident fees for
programs which should result in increased enrollment; 2) Hiring of best qualified applicants,
regardless of place of residence, but if two people are equally qualified the San Rafael resident
would be hired; and, 3) Council and Commission to review programming periodically, but meanwhile
new classes to be approved by the City Manager, thus enabling classes with long waiiting lists to
commence without delay.
After discussion Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Summer
Program and staff recommendations.
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
b. Cultural Affairs Programs - File 9-2-24
Council next considered a report from Community Projects Director Snyder regarding programs at
Falkirk in the Summer. His report explained that payment to performers and instructors will be
made on a 70%/30% split of gate receipts or program registration fees. City will receive the 30%.
It is possible that a subsidy of $181.50 may be required for the films to be offered, and $110.00
for the Seldon Gile art exhibit scheduled for July 24 to September 15th.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Cultural Affairs Summer
Program as submitted.
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
RE: PROPOSED MEMORANDUM OF UNDERSTANDING WITH HOUSING AUTHORITY OF MARIN RE SENIOR CITIZEN HOUSING
PROJECT, FOURTH & UNION STREETS - File 13-16
Council considered the proposed Memorandum of Understanding and the critique prepared by staff, and
returned the document to staff for redraft along the guidelines they suggested.
RE: PROPOSED CULTURAL AFFAIRS COMMISSION GOALS AND POLICY STATEMENTS - File 9-2-24
Item deferred to the July 5, 1978 meeting.
RE: SETTING DATES FOR BUDGET HEARINGS - File 8-5
The Council discussed the fact that, until they have information as to approximately what funds will
be forthcoming from the State surplus, they could not make meaningful decisions regarding the budget.
City Manager Bielser briefed the Council on his report regarding the impact of Proposition 13, which
contained recommendations as to additional revenue and proposed methods of savings.
The Council agreed that they would set the budget hearings after the State has developed a formula for
funding for cities. Matter will be discussed when the special meeting is called regarding employee
contracts.
ADD ITEM:
RE: RESOLUTION RE SUPPORT FOR CENTRAL MARIN COUNTY WASTEWATER FACILITIES PLAN ALTERNATIVE CM -5 -
File 12-7
Councilman Miskimen suggested that the Council adopt a resolution supporting the San Rafael Sanitation
District's plan Alternative CM -5, for Central Marin County Wastewater Facilities.
RESOLUTION NO. 5498 - RESOLUTION OF THE CITY OF SAN RAFAEL SUPPORTING CENTRAL MARIN COUNTY WASTEWATER
FACILITIES PLAN ALTERNATIVE CM -5 - File 12-7
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
The City Council adjourned to Executive Session as the San Rafael Redevelopment Agency.
ANNE M. LEONCINI, C'ty Clerk
APPROVED THIS Soh DAY OF , 1919
VICE -MAYOR OF THE CITY OF SAN AFAEL
71
In the Council Chambers of the City of San Rafael, Monday, June 26, 1978, at 8:00 PM.
Special Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Conni ck, City Attorney
RE: REPORT ON ACTIONS OF STATE OF CALIFORNIA RE DISTRIBUTION OF STATE SURPLUS - File 8-5 x 7-3
City Manager Bielser referred to SB -154, copies of which had been furnished to the Council, with
particular reference to page 12, "State and Local Government Employee Pay Provisions" which stated, in
effect, that no funds would be made available to any public agency which provides a cost of living
salary increase in the 1978/79 fiscal year for its employees, if such an increase is in excess of
the cost of living salary increase provided for State employees. The bill stated that any contract
between a local public agency and an employee organization which provides for a cost of living
salary increase to employees in excess of such increase to State employees, is null and void under
the policy powers of the State, and such contract would be declared to be reoopened and subject to
new negotiations.
Mr. Bielser informed the Council that an employee group representative has requested permission to
speak in relation to the subject. Mr. Gary Messing, representing the Police and Fire associations,
stated that in his opinion the provision of SB -154 regarding pay increases is illegal.
After further discussion, Mr. Messing said the Police and Fire associations would be willing to wait
until the Council meeting of July 17, 1978, for a decision on the cost of living increases.
Meanwhile, the item was continued to the Council meeting of July 5, 1978, in the event that any
definitive information is received from the State.
RE: PROGRESS REPORT ON COUNCIL ASSIGNMENT RE FEES, CHARGES AND OTHER REVENUES - File 9-10-2
After reviewing possibility of various alternative revenue sources, the Council took the following
actions:
RESOLUTION NO. 5499 - REVISING MASTER FEE RESOLUTION FOR VARIOUS SECTIONS OF THE MASTER FEE SCHEDULE
RELATING TO PROPERTY DEVELOPMENT (User fees re Land Development & Current
Planning raised by 50% effective January 1, 1979)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5500 - INTENTION TO PASS AN ORDINANCE SETTING NEW BAIL SCHEDULE FOR CERTAIN
VEHICLE AND MUNICIPAL CODE ORDINANCE VIOLATIONS
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Resolution to be sent to Municipal Court of the County of Marin for implementation.
Council deferred action on a proposed resolution establishing a user service fee for storm and
sanitary sewers.
RESOLUTION NO. 5501 - REVISING THE MASTER FEE SCHEDULE FOR CERTAIN LIBRARY FEES
AYES: COUNCILMEN: Jensen, Miskimen, Wlulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Council requested that Library Board discuss tax increase, to be put on ballot for March 1979 election.
CHARTER ORDINANCE NO. 1302 - An Urgency Ordinance of the City of San Rafael, Amending Title 3,
Chapter 3.20, Section 3.20.030 of the Municipal Code to Provide for Eight (8) Percent Tax, was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit: (Transient Occupancy Tax)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5502 - RESOLUTION AMENDING MASTER FEE SCHEDULE (Bedroom Tax, $127.50/Bedroom)
AYES: COUNCILMEN: Jensen, Mulryan and Nixon
NOES: COUNCILMEN: Miskimen and Mayor Bettini
ABSENT: COUNCILMEN:, None
Mayor Bettini stated he felt the tax is too high.
The Council took no action on a proposed amendment to the fee schedule involving the Development
Excise Tax.
72
The Council agreed to reduce Workmen's Compensation premium in line with frozen or vacant positions,
thereby creating an annual savings of approximately $20,000.
RESOLUTION NO. 5503 - AMENDING THE MASTER FEE SCHEDULE PERTAINING TO BUSINESS LICENSE FEES (By 10%,
to be increased effective January 1 of each year based upon changes in the August -to -August Consumer
Cost of Living Index)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CHARTER ORDINANCE NO. 1303 - An Urgency Ordinance of the City of San Rafael, Amending Title 3,
Chapter 3.22, Section 3.22.020 of the Municipal Code to Increase Property Transfer Tax, (5u¢ per
each $500 or fractional part thereof) was adopted as an Ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION RE SETTING NEW BUDGET HEARINGS - File 8-5
After discussion as to the availability of Council members, it was agreed that the budget hearings
will be held on August 1, 2 and 3rd (a Tuesday, Wednesday and Thursday), commencing at 7:30 PM.
Councilman Nixon moved and Councilman Mulryan seconded, to extend the current budget until the new
budget is adopted, with the restrictions already imposed regarding freezing of hiring and curtail-
ment of expenditures.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
City Manager Bielser asked the Council if they desired to take action on the filling of two vacant
positions in the Police Department, one desk clerk and one cadet, at this time. The Council de-
clined to do so.
RE: DISCUSSION AND ACTION RELATING TO WEST FRANCISCO BOULEVARD EXTENSION - File 4-5-15 x 117
RESOLUTION NO. 5504 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Northwestern
Pacific Railroad Company and the San Rafael Redevelopment Agency - Conveyance
of Title)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ADD ITEM
RE: TRANSFER OF TITLE LEGISLATION - File 9-11-2
Councilman Mulryan moved and Councilman Miskimen seconded, that a letter be written to the State
Board of Equalization and our representatives in Sacramento, urging them to consider in their
deliberations over the meaning of the transfer of title issue as a result of the passage of Proposi-
tion 13, the exclusion from re-evaluation of the following: 1) Title transferred from joint ownership
to one of the two owners of record as a result of the death of one of the spouses or dissolution of
a marriage; 2) Title transferred from a parent to child as a result of death, as long as certain
conditions are met.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The council adjourned to their next regular meeting of July 5, 1978.
J N M. LEONCINI, City Nerk
APPROVED THIS 1 DAY OF 1912
��� 4,11�
MAYOR OF THE CITY OF SAN RAFAEL
73
In the Council Chambers of the City of San Rafael, Wednesday, July 5, 1978, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Vice -Mayor
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Miskimen moved and Councilamn Mulryan seconded, to approve the recommended
action on the following consent calendar items:
Item
Approval of Minutes of June 19, 1978
Meeting
Claim for Repairs - Lester L. Lahmann
File No. 3-1-329
Claim for Damages - Peter Andersen
File No. 3-1-335
Claim for Damages - Angelo R. Ligi -
The Barrel House - File 3-1-342
Acceptance of Grant Deed for Additional
Right -of -Way on Irene Street - File 2-4
Memoranda of Understanding with San Rafael
School District: File 4-7-12
a. Use of School District Facilities
Recommended Action
Approved as submitted.
Denied and referred to insurance
carrier.
Deni ed.
Denied.
RESOLUTION NO. 5505 - ACCEPTING CON-
VEYANCE OF REAL PROPERTY FROM U -HAUL
COMPANY FOR AN ADDITIONAL FIVE FEET
OF RIGHT-OF-WAY ON IRENE STREET
RESOLUTION NO. 5506 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (Memo of Understanding
W/School District re use of facilities)
b. Use of San Rafael High School Swimming RESOLUTION NO. 55U7 - AUTHORIZING
Pool & Locker Rooms THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (W/School District,
Memo of Understanding re use of
San Rafael High School Swimming Pool
& Locker Rooms)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: ABANDONMENT OF PORTION OF LINDEN LANE (FeinQold) - File 2-12 x 10-5
Item deferred until later date.
RE: SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32
RESOLUTION NO. 5508 - APPOINTING COUNTY TREASURER OF THE COUNTY OF MARIN AS PAYING AGENT FOR
BONDS TO BE ISSUED IN SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN:. None
ABSENT: COUNCILMEN: Mayor Bettini
ABSTAINED: COUNCILMEN: Nixon
RESOLUTION NO. 5509 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN CONNECTION WITH SMITH
RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY,
CALIFORNIA
AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ABSTAINED: COUNCILMEN: Nixon
74
RE: TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - File 6-26
After discussion, Councilman Miskimen moved and Councilman Mulryan seconded, to continue this item
to the meeting of July 17, 1978, and that attorney Robert T. Anderson of the firm of Den-Dulk,
Douglass & Anderson, be invited to attend to discuss the reasons for the proposed abandonment of the
assessment proceedings.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO SIGN ORDINANCE, SEC. 14.12.05D, BY
PROVIDING CRITERIA FOR APPROVAL OR DISAPPROVAL OF SIGN APPLICATIONS BY THE PLANNING COMMISSION
UPON SUBMISSION OF THE PLANNING DIRECTOR (Z76 -1(b) - File 125 x 9-2-6
Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public
hearing was declared closed.
Councilman Miskimen moved and Councilman Nixon seconded, to approve the Negative Declaration as
to Environmental Impact.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
An Ordinance of the City of San Rafael Amending Ordinance No. 1287, Codified as Section 14.12.U5D of
the San Rafael Municipal Code, by Providing Criteria for Approval or Disapproval of Sign Applications
by the Planning Commission upon Submission of the Planning Director, and numbering Charter Ordinance
No. 1304, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - PREZONING (PreZ78-12); SUN VALLEY SCHOOL SITE, 75 HAPPY LANE; AP 177-240-12
FROM COUNTY: A -2-B-2 LIMITED AGRICULTURAL/SINGLE FAMILY MINIMUM BUILDING SITE AREA 10,000 Sq.
FT. DISTRICT, TO CITY: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT - File 5-2-78
Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public
hearing was declared closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to make a determination of Categorical
Exemption per State EIR Guidelines as to Environmental Impact.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
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, so as to Reclassify Certain Real Property
from A -2:B-2 (Limited Agricultural/Single Family, Minimum Building Site Area 10,000 Square Feet)
District to R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 1305, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 5510 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ANNEXATION OF
TERRITORY PURSUANT TO MUNICIPAL ORGANIZATION ACT - SUN VALLEY SCHOOL SITE,
75 HAPPY LANE
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - ED78-8/UP78-13 - APPEAL OF PLANNING COMMISSION DECISION, COMMERCIAL INDUSTRIAL
BUILDING, 1111 FRANCISCO BOULEVARD; FAIRVIEW LANDS, INC., OWNER: RON GLANDER, REP.; PCM DISTRICT,
AP 9-191-12, 14 & 28 - File 10-5 x 10-6
Continued to meeting of July 17, 1978, at request of appellant.
RE: PERSONS WISHING TO ADDRESS COUNCIL
1. Improvements to Highway 101 North - File 9-3-40
Ray Swanson addressed the Council regarding improvements to Highway 101 North, suggesting that
the City write to assemblymen and representatives in Sacramento, urging that the widening and
other work be completed without further delay. He also suggested that the matter be covered by
the local newspapers.
75
Councilman Miskimen moved and Councilman Nixon seconded, that assemblymen Michael Wornum and
Barry Keene be invited to the August 7th Council meeting for discussion of the subject. If they
cannot attend that meeting, they are to be asked to attend one at their earliest convenience.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
2. Protest re Increased Fees and Taxes - File 9-10-2
President -designate of the San Rafael Chamber of Commerce, Pat Tyrell -Smith, addressed the
Council, objecting to the various fee and tax increases which were passed at the special meeting
of the Council on June 26, 1978. He specifically mentioned the fees for overtime parking,
expired meters, etc., the transient occupancy tax, property transfer tax and business license
tax increases. He asked to meet with a member of the City staff and a member of the Council to
discuss the rationale behind the City's action in increasing the fees and taxes.
Councilman Nixon and City Manager Bielser will meet with Mr. Tyrell -Smith to discuss the
matter. Mr. Tyrell -Smith indicated he may wish to appear before the Council again, for further
discussion.
RE: FINAL ADOPTION - ORDINANCE NO. 1299 - 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, SO AS TO PREZONE CERTAIN REAL PROPERTY FROM A -2:B-4 (LIMITED AGRICULTURAL, ONE ACRE PARCEL)
DISTRICT TO R -1-B-4 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA ONE ACRE) DISTRICT (3 Red
Rock Way, Shaun Wiltshire, owner) File 5-2-77
CHARTER ORDINANCE NO. 1299 - 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, so
as to Prezone Certain Real Property from A -2:b-4 (Limited Agricultural, One Acre Parcel) District to
R -1-B-4 (Single Family Residential, Minimum Building Site Area One Acre) District, was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit: (3 Red Rock Way)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1300 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE
NO. 1268, CODIFIED AS TITLE 4, CHAPTER 4.08 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL. REQUIRING
CHARTER ORDINANCE NO. 1300 - An Ordinance of the City of San Rafael Amending Ordinance No. 1268,
Codified as Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael, Requiring Mainte
nance of Records and Testing of Underground Flammable and Combustible Liquid Installations, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1301 - AN ORDINANCE OF THE CITY OF SAN RAFAEL GRANTING TO
INDUSTRIAL TELEPHONE SYSTEMS, ITS SUCCESSORS, AND ASSIGNS, A FRANCHISE - File 9-7-5
CHARTER ORDINANCE NO. 1301 - An Ordinance of the City of San Rafael Granting to Industrial Telephone
Systems, its Successors, and Assigns, the Franchise: (1) To Use, for Transmitting and Distributing
Facilities for Communication for Use by Consumers, All Poles, Wires, Conduits, and Appurtenances
which Are Now or May Hereafter Be Lawfully Placed and Maintained in the Public Streets and Places
Within the City of San Rafael under that Certain Franchise of Grantee Acquired Pursuant to Section
8 of Article XII. of the Constitution of the State of California, and (2) To Construct, Maintain,
and Use in said Public Streets and Places All Poles, Wires, Conduits, and Appurtenances, Including
Communication Circuits, Whenever and Wherever said Constitutional Franchise Shall Not be Available
Therefor, Necessary to Transmit and Distribute Communications Facilities Suited for, and for Use by
Consumers for, Any or All Lawful Purposes, was adopted as an Ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CONTINUING DISCUSSION ON STATE SURPLUS, AND EMPLOYEE RELATIONS CONTRACTS - File 7-3
City Manager Bielser reported that the issue of State surplus funds distribution has not yet been
settled. However, the issue of employees' salaries has reached the state where the budget now before
Governor Brown for approval includes a proposed 2 1/2% cost -of -living increase for employees. It is
not known whether the Governor will blue -line the increase.
The item was continued to the meeting of July 17, 1978.
76
RE: REPORT ON STATUS OF GERSTLE PARK NEIGHBORHOOD PLAN - File 163
Council heard from resident Orlando Conti, urging that the neighborhood plan be dropped and the zoning
remain as it is. Hugo Landecker, president of the Gerstle Park Association then spoke, urging that
the plan not be dropped and offering to assist the Planning Department by having Association members
help in any way possible.
City Manager Bielser informed the Council that the Planning Department has several vacancies - two
advanced planners, a draftsperson and a secretary, and they are concerned about the fact that if they
pursue the plan and hold the necessary public hearing they will be forced to defer a number of other
planning matters.
Planning Director Hotchner referred to his memorandum in which he detailed the cost and work involved
in sending notices to people involved. He stated he has asked the City Attorney to examine State law
and determine if a mailed notice is necessary in this case. Assistant City Attorney Bullard informed
the Council that mailing of notices is not necessary in this case, but that advertising in the news-
paoer will be sufF4-ient. The Council also considered a memo from Planning Commission Chairman Dorothy
Breiner, urging that the Coirmission be allowed,to proceed with the Plan.
After further discussion Councilman Mulryan moved and Councilman Miskimen seconded, to direct the
Planning Commission to hold the public hearing on the Gerstle Park Neighborhood Plan, and to direct
staff that notice will be published in 2 newspapers, but no individual mailings will be sent.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Vice -Mayor Jensen
ABSENT: COUNCILMEN: Mayor Bettini
RE: RESOLUTION OF CITY OF SAN RAFAEL SUPPORTING CENTRAL MARIN COUNTY WASTEWATER FACILITIES PLAN
ALTERNATIVE CM -5 - File 12-7
Councilman Mulryan moved and Councilman Miskimen seconded, to revise Resolution No. 5498 which was
adopted at the June 19, 1978 meeting, to reflect that the City of San Rafael will not pay for any of
the costs of the site acquisition or of construction of the new facilities.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Add: Discussion re Environmental Protection Agency Report
Councilman Miskimen notified the Council that EPA is requesting a report from the Planning Direc-
tor on mitigation of odors - actions which the City has taken in the past and is presently taking,
in connection with odors emanating from sanitation facilities. The matter was referred to the
City Attorney's office to determine the necessity for the Planning Director to prepare and submit
such a report.
RE: MEMORANDUM OF UNDERSTANDING RE HOUSING AUTHORITY - File 13-16
The Memorandum of Understanding was referred to the City Attorney to review.
RE: COMMUNICATION FROM CITY OF SAUSALITO RE FEDERAL IMPACT OF PROPOSITION 13 - File 8-5
Councilman Nixon moved and Councilman Mulryan seconded, to send letters, similar to those written by
the City of Sausalito, to State and Federal representatives, relative to limits on State and Federal
spending, and to also urge the exclusion of capital gains tax on sale of property by resident owners.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: BID OPENING - KERNER/CANAL STORM DRAINAGE STRUCTURE, PROJECT NO. 19-409648 - File 4-1-271
Council reviewed staff recommendation that the contract be awarded to Maggiora & Ghilotti, Inc., in
the amount of $31,800, and that an additional $7,000 be authorized, by motion, to the existing bud-
geted funds.
Councilman Nixon moved and Councilman Miskimen seconded, to adopt the resolution of award of contract
to Maggiora & Ghilotti, Inc. in amount specified, and that an additional $7,000 be appropriated as
recommended by staff.
RESOLUTION NO. 5511 - RESOLUTION OF AWARD OF CONTRACT (To Maggiora & Ghilotti, Inc.)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON ANIMAL CONTROL CORESPONDENCE - File 13-3 x 8-5
Item suspended for three months, due to additional funds being received by Marin County Animal Control,
which will sustain the level of service for that period of time, through September 1978.
77
RE: COMMUNICATION FROM MARIN COUNTY VELODROME ASSOCIATION - File 9-3-30 x 9-5 V
Council considered a request from the Marin County Velodrome Association for permission to use the
Civic Center parking lot and block off a portion of Civic Center Drive on four consecutive Thursday
evenings commencing about 6:30 PM for bicycle races. Chris Lang, president of the association, stated
he had made arrangements with the Sheriff's office for traffic control and asked for a waiver of any
fees.
Clifford Lund informed the Council that he is a Captain in the Sheriff's Reserve, and could provide
two deputies for traffic control. He stated that he has had experience with this type of race and
has never known them to cause any trouble.
After discussion with Police Lieutenant Doane as to traffic control and neutralizing the race if any
police or fire emergency vehicles had to use the area, Councilman Mulryan moved and Councilman Nixon
seconded, to approve the request subject to neutralizing the race at the sound of police or fire
sirens, and subject to making provisions with the Sheriff's Reserve or other traffic control measures
satisfactory to the Police Department.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Vice -Mayor Jensen
ABSENT: COUNCILMEN: Mayor Bettini
ADD ITEMS
RE: FILLING VACANT POSITION IN PLANNING DEPARTMENT - File 7-4 x 9-3-17
Councilman Miskimen moved and Councilman Mulryan seconded, to approve staff request and authorize
hiring to fill the vacant position of secretary in the Planning Department.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: AUTHORITY FOR INCREASE IN TRAFFIC FINES - File 9-10-2 x 11-18
City Manager Bielser informed the Council that the Municipal Court judges considered the City's re-
quest for the increase in traffic fines and decided that Judge Baty will appear before the Mayors and
Councilmen at their September meeting to discuss County -wide traffic fines. This would delay the en-
forcement of the increased fines and cost the City considerable loss of funds.
Councilman Mulryan moved and Councilman Nixon seconded, to take a position of protesting the action
because of the extreme loss of income, and that when staff writes the letter they also include a re-
quest for permission to enforce an interim increase pending the final decision.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
The City Council adjourned to Adjourned Executive Session as the San Rafael Redevelopment Agency.
OE
M. LEONCI I, City Clerk
APPROVED THIS 7'/ DAY OF , 19 %P
VIC -M F;THE CITY OF SAN RAFAEL
1
In the Council Chambers of the City of San Rafael, Monday, July 17, 1978, at 7:45 PM.
Joint Meeting: Present: C. Paul Bettini, Mayor/Agency Member
City Council and Fred E. Jensen, Councilman/Agency Member
Redevelopment Agency John A. Miskimen, Councilman/Agency Member
Lawrence E. Mulryan, Councilman/Agency Chairman
Jack G. Nixon, Councilman/Agency Member
Also Present: William J. Bielser, City Manager/Agency Executive Director
Jeanne M. Leoncini, City Clerk/Agency Secretary; Harry A. Connick,
City Attorney/Agency Attorney
The Council/Agency reviewed a memo from Agency Associate Director Ward, which stated that he had dust
been notified that the proposed sale of 522 and 532 "B" Street to the City has not received Federal
Environmental clearance as yet, and that to proceed with the adoption of the proposed resolutions
prior to the Federal clearance would prejudice the funding. For this reason, Mr. Ward recommended
that the special joint meeting be deferred to Monday, August 7, 1978.
It was also noted that the City Attorney's office advised that it will not be necessary to run legal
notices again, if the matter is set over to a definite date and time.
The Council/Agency agreed to defer the meeting to August 7, 1978, at 7:45 PM.
APPROVED THIS
NE M. LEONCINI, City C1 rk/Agency Secretary
DAY OF9���-19 7�?
4&&F4 -
MAYOR OF THE CITY U SAN R AEL
79
In the Council Chambers of the City of San Rafael, Monday, July 17, 1978, at 8:UO PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Mulryan moved and Councilman Miskiman seconded, to approve the recommended
action on the following consent calendar items:
Item Recommended Action
Approval of Minutes of June 12 and 26, 1978,
and July 5, 1978
Claim for Damages - Dan Bell/Sandra Stahr
(Estate of Archie Bell) - File 3-1-349
Report on Bid Opening for 1978/79 Street and
Park Maintenance Materials - File 4-2-132
State Abandoned Vehicle Abatement Program
Contract - File 4-8-16 x 13-9
Grant of Right -of -Way - Jacoby Street -
File 2-2
Resolution Ordering Annexation of 3 Red Rock
Way - File 5-2-77
Approved as submitted
Approved R. L. Kautz Co. recommendation for denial
Approved recommendation of staff. (Purchase orders
to be issued to Basalt Rock Co., Inc.; Shamrock
Materials, Inc.; McPhail's, Inc., respectively)
RESOLUTION NO. 5512 - AUTHORIZING THE CITY OF SAN
RAFAEL TO ENTER INTO A CONTRACT WITH THE STATE OF
CALIF. HIGHWAY PATROL FOR ABANDONED VEHICLE ABATE=
MENT PARTICIPATION AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNATED REPRESENTATIVE TO SIGN SAID
CONTRACT
RESOLUTION NO. 5513 - RESOLUTION ACCEPTING CONVEY-
ANCE OF STREET RIGHT-OF-WAY - JACOBY STREET, SAN
RAFAEL
RESOLUTION NO. 5514 - ORDERING AN ANNEXATION OF
TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION ACT -
3 Red Rock Way (Wiltshire Reorg.)
Request for Project Approval and Authorization Approved recommendation. (Call for bids and funding
to go to Bid - Kerner -Canal Outfall Line for project, $1UO,000)
Repair - File 4-1-272/273
Abandonment of Drainage and Flood Easements - RESOLUTION NO. 5515 - RESOLUTION OF INTENTION TO
175 Riviera Drive - File 2-12 VACATE VARIOUS EASEMENTS (175 Riviera Drive - Lot 25,
Peacock Lagoon Unit I) - Set Public Hearing for
Meeting of September 5, 1978.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS: File 13-14-2
a. DESIGNATION OF PROPERTIES AT 901/903/905/90/9U9 AND 911 IRWIN STREET AS HISTORIC LANDMARKS
b. DESIGNATION OF BOUNDARIES FOR AN HISTORIC LANDMARK DISTRICT
The Council discussed the recent fire at 901 Irwin Street. City Manager Bielser reported that the
house sustained 25% damage, and that the building inspector has not yet had time to make an inspection.
Mr. Bielser stated that the Council will have a report prior to the public hearing.
Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation and set
the public hearing for the meeting of August 7, 1978.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - ED77-123
ANDERSEN DRIVE & HIGHWAY 17; N
AP #18-U51-18, #18-062-15/16 &
UP77-95, V77-24, SR78-9 - GEMCO DEPARTMENT STORE: BELLAM BLVD.
. BLUMENFELD, OWNER: LUCKY STORES/F. D. HELM, REP.: U DISTRICT:
22 - File 10-3/4/5
BETWEEN
Planning Director Hotchner informed the Council of the determination by Assistant City Attorney
Bullard, based on California Environmental Quality Act requirements, that an EIR relative to traffic
should be performed. He stated that it has become necessary to relate the impact of the East San
Rafael EIR in connection with the other items which have now come up in connection with the Gemco
development.
Mayor Bettini declared the public hearing opened.
M.
•
Brent Weller of the Canal Community Council asked that the Council first consider the issue of the
granting of the Use Permit because if the Council overturns the Planning Commission decision regard-
ing the Use Permit a discussion of the EIR will not be necessary at all.
Assistant City Attorney Bullard stated that unless the Council is clearly opposed to a project, the
Council cannot act on its merits until they go through the EIR process.
Councilman Miskimen moved and Councilman Jensen seconded, that the Council will take the project
under consideration.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Mulryan then moved and Councilman Nixon seconded, to go ahead with a Focus EIR on traffic.
Under the discussion period, Councilman Nixon asked about the cost of the Focus EIR. City Manager
Bielser replied that it would take from three to four months and cost between $8,000 and $12,000.
Councilman Nixon then asked who would pay the fee, and Mr. Bielser replied that normally the
applicant pays the fee. He explained that the procedure is for the applicant to choose the firm to
do the work from a list of approved firms; the applicant pays the funds to the City and the City
pays the contractor.
Dorothy Breiner, Planning Commission Chairman, requested that the Council consider including air
quality standards as part of the Focus EIR on traffic. Mayor Bettini stated that since the traffic
and circulation aspects of the EIR for the entire East San Rafael area had been properly researched
by City staff, it should be the only item to be acted upon at this time. Councilman Nixon questioned
the necessity for an EIR, since it is obvious there will be an impact by allowing a department store
in the area with the attendant traffic problems. He felt this should enter into the discussion.
Assistant City Attorney Bullard stated that there is one very important thing about having an EIR
done: First of all, it will identify all of the mitigation measures, not only the Bellam Boulevard
improvements; Secondly, if it does identify traffic impact and the Council finds that irrespective
of that impact there are overriding reasons to still approve the project, then you have the right to
do so if you make the finding. However, this cannot be done by a Negative Declaration alone. Mr.
Bullard felt this was a very important reason for going through an EIR.
Councilman Miskimen asked if the Focus EIR on traffic would include a study of on-site and off-site
parking. Public Works Director Caillouette stated that staff would ask that all of the impact on
traffic conditions be considered in the EIR. This would include parking. Councilman Mulryan asked
if it would include air quality which would be affected by traffic. Mr. Caillouette stated it had
not been included, but could be if the Council desired.
Mr. Weller suggested that perhaps the Council should order a full EIR, to consider all adverse
impacts this project may have on the area, and not have a study focused on any one area. Mr.
Bullard stated that there had already been an initial study, and obviously the traffic situation is
the only relevant item. The Planning staff has certainly referred to the previous check list
regarding other impacts.
Mr. Hotchner added that in Section 6d, pages 1U and 11 of the Environmental Impact Report they have
roadside carbon monoxide levels for a one and an eight hour peak period. To the extent that we are
adding more usage in the area, this would be increased. It would be the secondary result from the
added traffic.
Mr. Weller agreed that if all other bases were covered, a Focus EIR on traffic should be sufficient,
and Mayor Bettini stated that is correct.
Mr. Gilbert Dean, a resident of the Bahia condominium project, stated he uses Bellam Boulevard
several times a day, and urged a full and complete EIR be done on every aspect. Assistant City
Attorney Bullard replied that CEQA requirements have now been streamlined and modified, so that now
if you identify only certain impacts that is all you have to address. Mr. Dean asked for clarifica-
tion - if the Council decided that it wanted to overturn the Planning Commission only insofar as it
affects traffic, does that mean that the Council is upholding the Planning Commission's determin-
ation that all other impacts are negative. Mr. Bullard explained: The Planning Commission affirmed
a Negative Declaration, which meant that there were no significant adverse impacts. Mr. Bullard's
recommendation to the Council is that they reverse that decision insofar as they have identifies an
adverse impact in the traffic area and, therefore, they should order a Focus EIR which will address
traffic impact. Mr. Dean asked, would the Council then have to come to a positive determination
that in their view there are no other significant impacts. Mr. Bullard replied that this is implicit
in their action; if they are simply ordering an EIR addressing the traffic then implicitly they
have said that the other impacts are not significant. Mr. Dean then asked about the air quality
study, and Councilman Mulryan replied that this would be included in the Focus EIR, insofar as it
was affected by the increase in traffic.
Mayor Bettini asked to hear from the Lucky Stores representative, and Mr. Dick Thompson of Lucky
Stores, Hayward, addressed the Council stating that as he understands it there was an East San
Rafael project and a Gemco project, but nothing combining the two. He feels that when Bellam
Boulevard is widened it should take care of the traffic. He also feels that the various alternate
routes to East San Rafael, including those planned for West Francisco Boulevard, should be considered.
Mayor Bettini asked Mr. Thompson if Lucky Stores are willing to pay the cost of the Focus EIR on
traffic, and he stated that they are. He said he realizes that the Gemco project cannot be considered
further until the EIR is completed, and that he feels it would be logical for Barnard C. Johnson to
complete the EIR since he did the previous one. In addition, he extended an invitation to the Canal
group to meet with Lucky Stores after the EIR is completed, to discuss the project.
Wells Rasmussen, president of the San Rafael Chamber of Commerce, stated that the Chamber wishes to
go on record as supporting the Assistant City Attorney regarding the Focus EIR.
There being no further public input, Mayor Bettini declared the public hearing closed.
The Council then voted on going ahead with a Focus EIR on traffic.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mr. Johnson was asked how long the Focus EIR on traffic would take and he stated approximately six
to eight weeks, due to traffic counts involved which comprise turning, moving and volume. Mr.
Hotchner added that after the draft Focus EIR has been received there is a 45 -day period for review,
which time will be added to the six to eight weeks of preparation.
Public Works Director Caillouette was asked for his recommendation on the consultant for the Focus
EIR on traffic, and he recommnded Barnard C. Johnson, since he has always worked within the scope
given him by the City and has done a competent job.
Councilman Jensen moved and Councilman Miskimen seconded, to hire Barnard C. Johnson for the Focus
EIR on traffic.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - Z75 -10(b) - DETAILED DEVELOPMENT PLAN FOR MARIN YACHT CLUB RESIDENTIAL COMPLEX;
PT. SAN PEDRO ROAD NEAR SUMMIT; MARIN YACHT CLUB, OWNER; BRENT DICKENS & RICHARD TARRANT, REPS.;
FROM 'U TO PUD -R-3 DIST.; PTN OF A.P. #09-031-06 - File 10-5 x 2-8-6
Planning Director Hotchner informed the Council that the Planning Commission at their meeting of May
23, 1978 had denied without prejudice the appellant's request for eight units to be built on Marin
Yacht Club property due to the visual impact and density proposed.
Mayor Bettini declared the public hearing opened.
Richard Tarrant, attorney for the Marin Yacht Club, stated that the design issue was never fully
addressed to the Planning Commission, that density - one or two story units - had never been speci-
fied. Mayor Bettini asked how long this project had been in the planning process, and Mr. Tarrant
replied it had been for almost three years. He stated that a three to four unit subdivision is not
economically feasible for the Yacht Club.
Bud Weisenburg, representative of the Canal Community Council, stated that they are unanimously
opposed to this development. He stated he is also on the Board of Managers of the Porto Bello
Association, and they are not in favor of it.
Al Boro of the Planning Commission informed the Council that the question raised before the Planning
Commission by the applicant was, eight units or none. The applicant did not want to discuss any
densities in between.
Stan de Greeve of 2 Montecito Road, across the street from the Yacht Club property, gave the Council
a brief history of the proposed development, and cited the Council meeting of December 2U, 197b
wherein the Planning Commission had indicated to the Council that this property should be reviewed
for possible acquisition as open space.
Mr. Tarrant informed the Council that on the issue of density, a number of the Commissioners indi-
cated that three or four units would be acceptable, but that was not acceptable to the Yacht Club.
He stated this would be a 29.7 acre parcel with only eight condominium units.
There being no further input, the public hearing was declared closed.
Councilman Nixon stated that the City had found it too costly to buy the land in question and that
the adjacent homeowners' groups had not formed an assessment district for that purpose. He stated
that he feels something should be done, perhaps two-story units would result in less density so that
it would be possible to look through them to the Bay. He stated he would support six or eight units
and sending the project back to the Planning Commission with that recommendation, and suggest
consideration of two-story units.
Councilman Mulryan stated he agreed with Councilman Nixon. He moved to deny the appeal and send it
back to the Planning Commission, with a recommendation for four units. The motion failed for lack
of a second.
Mayor Bettini stated he would like to see a combination of units together, some one story and some
two story, some single and some clustered, for a total of six.
Councilman Nixon moved and Councilman Miskimen seconded, to approve six units, in any combination of
townhouses, with open areas for view. Appeal denied, and matter referred back to Planning Commission
to work out a plan with appellant.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - ED78-8/UP78-13 - APPEAL OF PLANNING COMMISSION DECISION, COMMERCIAL INDUSTRIAL
BUILDING, 1111 FRANCISCO BOULEVARD; FAIRVIEW LANDS, INC., OWNER; RON GLANDER, REP.; PCM DISTRICT,
AP #9-191-12, 14 & 18 - File 10-5 x 1U-6
Mayor Bettini and Councilman Nixon left the meeting, due to conflict of interest.
Vice -Mayor Jensen declared the public hearing opened.
Planning Director Hotchner briefed the Council on the matter, stating that in the proposed plan no
provision is made for truck loading or turning. Also, the proposed landscaping is not to City
standards in variety or quantity, and should be redone and submitted to the Planning Commission.
Staff recommends that the Commission provide further direction to the architect on the items
mentioned.
Mario Ghilotti, Secretary/Treasurer for Fairview Lands, Inc., requested that the Council delete from
the conditions imposed by the Planning Commission the necessity for the landscaping as they outlined
it. Anne Park, Senior Planner, stated that the conditions of approval came from the Agency Design
Review Board; there is a long, unbroken wall toward the adjacent property and the condition for the
additional two feet of landscaping is hard and fast.
Councilman Miskimen asked, with respect to the truck turnaround, why it would not be feasible to
take out the landscaping and let the vehicles go out through the adjacent property. He felt space
was being wasted by not using the adjacent driveways.
Herman Deitch, realtor, addressed the Council, stating that because of all of the motorcycles in the
area it would be hazardous to use the adjacent driveways. Mr. Deitch stated that the elimination of
the requirement for landscaping would add one foot to the building width on the south side.
There being no further public input, Vice -Mayor Jensen declared the public hearing closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to sustain the appeal with respect to
landscaping and to uphold the Planning Commission with respect to the truck turnaround. Building to
be widened by one foot.
AYES: COUNCILMEN: Miskimen, lAulryan and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
(Mayor Bettioni returned to meeting)
RE: PUBLIC HEARING - Ts77-4 - RECONSIDERATION OF ENVIRONMENTAL ASSESSMENT - 34 LOT SUBDIVISION
BAY PARK); 1615 FRANCISCO BOULEVARD; CAL-PDX, INC. BRUCE BERNHARD ; U DISTRICT; AP #9-01U-26 & 27 -
File 5-1-241 x 10-8
Mayor Bettini declared the public hearing opened.
Planning Director Hotchner reported that staff took the position that if something were included
within the East San Rafael EIR, additional impact studies need not be performed. The Planning Commis-
sion, by a vote of 3-2, felt that additional study should be done and requested that a Focus EIR
relevant to the traffic impact and the effect on wildlife by development on this site be prepared.
Mr. Hotchner explained that this site (as shown on map on display) was lumped into the East San Rafael
EIR in the sense that it was among the 150 acres which were constituted for commercial or industrial
development for which the impacts were applied in blanket. It was lumped into the environmental
aspects relative to the effect on wildlife in that the entire EIR approved certain areas to be
retained as they were and other areas to be developed. The Commission's point of view was that
there should be some specific studies, by a vote of 3-2, and the applicant has appealed that decision
to the Council.
Bruce Bernhard, appellant, informed the Council that he is appealing for reconsideration of the
Planning Commission's decision, in that the property has been included in all of the East San Rafael
studies. He stated he has waited for years to submit a subdivision map, until all of the EIR's and
studies have been completed. He takes the same position as staff, that all of the conditions have
been met.
There being no further public input, the public hearing was declared closed.
Councilman Mulryan moved and Councilman Miskimen seconded, that the appeal be sustained.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Mayor Bettini then stated that he felt the Planning Commission should be reminded that this is the
purpose of having an EIR, and he hopes that when other projects come before the Commission they do
not put the Council in the position of having an additional hearing. He stated he thought it was
very clear, on behalf of the Council, that when we had the initial East San Rafael EIR that those
projects were basically approved, although the Council wants to review them on an individual basis
if there are some major changes. But, those that have not had any changes, the Commission should
approve without passing them back to the City Council, and this type of hearing is unnecessary. The
Council agreed with the Mayor's statement.
(Councilman Mulryan left meeting)
RE: PUBLIC HEARING - VACATION OF SURPLUS PORTION OF NORTH SAN PEDRO ROAD AT MERRYDALE ROAD -
Fi1a-�-95
RESOLUTION NO. 5516 - RESOLUTION ORDERING VACATION OF PART OF PUBLIC STREET
(Surplus Portion of North San Pedro Road at Merrydale Road)
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan and Nixon
RE: PERSONS WISHING TO ADDRESS COUNCIL
(Councilmen Mulryan and Nixon returned)
(Councilman Jensen left during discussion)
Wells Rasmussen, president of the San Rafael Chamber of Commerce, asked for consideration of rescind-
ing the increase in business license fees, and reviewing the other fee and tax increases passed at
the special Council meeting of June 26, 1978, when the Council meets to discuss the budget. He
requested that the Council review the matter to see if the increases are absolutely necessary. The
Council agreed to do so. File 9-10-2 x 11-18.
RESOLUTION NO. 5517 - RESOLUTION SETTING NEW BAIL SCHEDULE FOR CERTAIN VEHICLE AND MUNICIPAL CODE
ORDINANCE VIOLATIONS
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: FINAL ADOPTION - ORDINANCE NO. 1304 - AMENDING ORDINANCE NO. 1287, CODIFIED AS SECTION 14.12.U5D
OF THE SAN RAFAEL MUNICIPAL CODE, BY PROVIDING CRITERIA FOR APPROVAL OR DISAPPROVAL OF SIGN APPLICA-
TIONS BY THE PLANNING COMMISSION UPON SUBMISSION OF THE PLANNING DIRECTOR - File 125 x 9-2-6
CHARTER ORDINANCE NO. 13U4 - An Ordinance of the City of San Rafael Amending Ordinance No. 1287,
Codified as Section 14.12.05D of the San Rafael Municipal Code, by Providing Criteria for Approval
or Disapproval of Sign Applications by the Planning Commission upon Submission of the Planning
Director, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: FINAL ADOPTION - ORDINANCE NO. 1305 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.02U OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY FROM A -2:B-2 LIMITED AGRICULTURAL/SINGLE FAMILY, MINIMUM BUILDING SITE AREA
10,000 SQUARE FEET) DISTRICT TO R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT - File 5-2-78
Sun Valley School Site, 75 Happy Lane
CHARTER ORDINANCE NO. 1305 - An Ordinance of the City of San Rafael Amending the Zoning flap of the
City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, so
as to Reclassify Certain Real Property from A -2:B-2 (Limited Agricultural/Single Family, Minimum
Building Site Area 10,000 Square Feet) District to R-1 (Single Family Residential) District, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: CONTINUING DISCUSSION ON STATE SURPLUS, AND EMPLOYEE RELATIONS CONTRACTS - File 7-3 x 6-5
Councilman Jensen returned during discussion)
City Manager Bielser reported that SB 2212 which followed SB 154 states that cities may grant fringe
benefits to employees without jeopardizing cities' receipt of their share of the surplus funds.
At the present time it appears that the City will receive approximately $600,000 as their share of
the surplus.
Mr. Bielser further informed the Council that the City has a lawsuit pending on adjudication of
whether the City should be abiding by the law which states that the contracts which the City has
with the Police, Fire and Miscellaneous employee groups were voided by SB 154 and that raises cannot
be granted, or whether the City should abide by the contracts in effect. He also stated that the
employees may be filing suit.
With regard to the contract with the Miscellaneous employees, there was a $1U increase in health
benefits to be effective July 1st but that has been held up pending a determination of the whole
issue. Now, apparently this fringe benefit may be granted.
Mayor Bettini asked if any members of the public wished to give input, and Beth Beerbohm introduced
herself as the Marin Association of Public Employees field representative, representing the Miscel-
laneous employees. She informed the Council that MAPE's attorney is in the process of filing a
suit in the State Supreme Court regarding the impairment of the Miscellaneous employees' contract
with the City of San Rafael. This is one more suit which may expedite the legal process. The
attorney for MAPE is Peter Renkow.
Ms. Beerbohm asked about the status of the $1U increase in health benefits for Miscellaneous
employees, which was just discussed and which she feels should be granted at this time, as a fringe
benefit. Mr. Bielser reported that funds are reserved for the $10 increase.
M
RESOLUTION NO. 5519 - RESOLUTION AUTHORIZING THE IMPLEMENTATION OF CERTAIN SERVICES OF THE
MEMORANDUM OF UNDERSTANDING WITH THE MARIN ASSOCIATION OF PUBLIC Ely'1-
PLOYEES ($1U per employee for coverage of health, life and disability
insurance to non -safety employees.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mr. Bielser pointed out to the Council that the funds for the entire salary increase package for all
the employee groups are on deposit with the Court as part of the lawsuit, so the funds are there.
Assistant City Attorney Bullard added that the City is going to court to have that money put into an
interest-bearing account. The Council concurred in this action.
The Council then reviewed a memo from Fire Chief Marcucci stating he now has nine vacancies in the
Fire Department and his operation is severely affected by the hiring freeze. City Manager uielser
recommended that the Council approve filling three of the nine vacancies in the Fire Department so
that the snorkel will not be put out of operation.
Councilman Nixon moved and CouncilmanvMiskimen seconded, to approve hiring of three firemen in
accordance with staff recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXCHANGE OF CITY LAND FOR NORTHWESTERN PACIFIC RAILROAD LANDS - File 117 x 4-5-15
Redev. File R-89
RESOLUTION NO. 5518 - APPROVING NEGATIVE DECLARATION OF EXCHANGE OF CITY LANDS FOR RIGHTS IN LAND
HELD BY NORTHWESTERN PACIFIC RAILROAD
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
An Ordinance of the City of San Rafael Providing for the Exchange (Sale) of Public
Real Property for (Purchase) of Lands or Rights Thereto Held by Northwestern Pacific Railroad, and
numbering Charter Ordinance No. 1306, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL ON REQUIREMENT FOR BUSINESS LICENSE - BOWMAN DISTRIBUTORS, EMMET V. CORRIDAN,
REPRESENTATIVE - File 9-10-2
Councilman Mulryan moved and Councilman Nixon seconded, to deny Mr. Corridan's request for waiver of
requirement for a business license.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF MAINTENANCE RESPONSIBILITY - SHORELINE PARK, SAN RAFAEL - File 12-5
Council considered a letter from Robert H. Greene, regarding maintenance of the Shoreline Park, part
of which runs adjacent to his proposed development. He suggested that perhaps a privately funded
maintenance district should be formed for Shoreline Park, subject to participation in the district
by adjoining property owners.
City Manager Bielser suggested that the maintenance district would be a good possibility, with the
City continuing to maintain the levee. He also questioned who will construct the improvements,
landscaping, etc., which would be included in the shoreline park.
Councilman Mulryan moved and Councilman Nixon seconded, to approve the maintenance district in
concept, with staff to report back when cost figures are known.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION RE MARIN MUNICIPAL WATER DISTRICT'S SAFE WATER SUPPLY PROGRAM - File 151
Council reviewed a Safe Water Supply Program, forwarded from San Anselmo, after which Councilman
Jensen moved and Councilman Nixon seconded, that a letter be addressed to the Marin Municipal Water
District informing them that the planning process should be the prerogative of the individual
communities and should not be taken over by the M1v1WD.
AYES: COUNCILMEN: Jensen, Miskimen, Plulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ADD ITEM:
RE: REQUEST FROM MARIN MUNICIPAL WATER DISTRICT FOR WAIVER OF FEE - File 151 x 9-10-2
Council considered a request from MNIWD for waiver of their annual rubbish dump fee. Staff recom-
mended that the fee not be waived.
Councilman Jensen moved and Councilman Miskimen seconded, to deny the request of the NIMWD for waiver
of the annual rubbish dump fee.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned to their next regular meeting on August 7, 1978.
APPROVED THIS
A4 `
M -ANNE M. LEONCINI, Cit Clerk
% X_-4 DAY OF 19 7
ell-0�uew
fhAYOR OF THE CITY OF SAN RAFAEL