HomeMy WebLinkAboutMinutes 1977-1981 pt. 6347
EXECUTIVE SESSION
31. Council adjourned to Executive Session to discuss the following:
a. Anticipated and pending litigation.
b. Applicants for City Manager/Executive Director.
UEANNE M. LE ONC I I , City Clerk
APPROVED THIS DAY OF , 1980
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In Room 201 of the San Rafael City Hall, Wednesday, August 27, 1980, at 4:30 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Absent: John A. Miskimen, Councilmember/Agency Member
EXECUTIVE SESSION
Executive Session to discuss applicants for City Manager/Redevelopment Agency
Executive Director.
No action was taken.
The City Council/Redevelopment Agency adjourned to their next regular meeting to be held
September 2, 1980.
JEANNEA-. LEONCINI, CityClerk/Agency Secretary
APPROVED THIS %5 y`DAY OF 1980
L,
AWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
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In Room 201
of the
San Rafael
City Hall, Tuesday,
September 2,
1980,
at 7:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
EXECUTIVE SESSION
Executive Session to discuss anticipated and pending litigation.
348
No action was taken.
The City Council/Redevelopment Agency adjourned to the regular meeting following immediately.
JEA M. LEONCINI, City Clerk/Agency Secretary
APPROVED THIS DAY OF 1980
41.
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
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In the Council Chambers of the City of San Rafael, Tuesday, September 2, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember (Arr. 9:00 PM)
Also Present: Pamela J. Nicolai, For Acting City Manager; Edmund A. Duggan, City Attorney;
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
Meetings of August 11 and 12, 1980,
and Regular Meeting of August 18, 1980.
2. Retirement System Funds. (Fin) -
Filo 7_1_9Fi
3. Report on Bid Opening - 1980 Street
Resurfacing Project. (PW) -
File 4-1-298
5. Request to Purchase Brush Chipper
from Equipment Replacement Funds.
(CM) - File 4-2-152
6. Carpool Parking - Fifth Avenue & "C"
Street Parking Lot. (PW) - File 9-3-40
7. Agreements Between City of San Rafael
and County of Marin re: (Rec) -
File 4-13-32
a. Community Contract Service Agreement
for Funding Terra Linda Senior
Citizens Program for July 1, 1980
through June 30, 1981.
b. Community Contract Service Agreement
for Funding San Rafael Goldenaires
Program for July 1, 1980 through
June 30, 1981.
9. Support for Second Annual Richmond -
San Rafael Bridge Run. (CM) -
File 172
Recommended Action
Approved as submitted.
Accepted report re AB 1342 re loans for
public employees. Not applied to County
Retirement System.
RESOLUTION NO. 5962 - AWARD OF CONTRACT
(To Ghilotti Bros., Inc., bid amount
$181,673.50)
Request approved. Estimated cost $12,500.
RESOLUTION NO. 5963 - ESTABLISHING A CAR-
POOL PARKING PROGRAM AND WAIVING PARKING
METER FEE AND TIME LIMIT RESTRICTION AT
THE FIFTH AVENUE AND "C" STREET PARKING
STRUCTURE
RESOLUTION NO. 5964 - AUTHORIZING SIGNING
OF AGREEMENT W/COUNTY OF MARIN (Community
Contract Service Agreement for Funding
Terra Linda Senior Citizens Program -
7/1/80 thru 6/30/81)
RESOLUTION NO. 5965 - AUTHORIZING SIGNING
OF AGREEMENT W/COUNTY OF MARIN (Community
Contract Service Agreement for Funding
Goldenaires Program - 7/1/80 through
6/30/81)
RESOLUTION NO. 5966 - EXPRESSING SUPPORT
FOR THE RICHMOND -SAN RAFAEL BRIDGE RUN
SPONSORED BY M-2 SPONSORS (October 19,
1980)
11. Award of Bid for Rotary Mower and
Trailer. (CM) - File 4-2-153
349
RESOLUTION NO. 5967 - AUTHORIZING PURCHASE
OF A ROTARY TURF MOWER & TRAILER UTILIZING
BUDGETED FUNDS (Authorizing appropriation
of additional $3,210.00 to cover cost)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ABSTAINED: COUNCILMEMBERS: Mayor Mulryan abstained from voting on the minutes of the August 18,
1980 meeting.
4. REQUEST FOR ADDITIONAL FEES FOR ENGINEERING CONSULTANT - DAVIDSON SCHOOL MULTIPURPOSE FIELD
PROJECT. PW - FILE 4-7-8
Council considered a staff report from Acting Public Works Director Bernardi, indicating that
the consultant has requested additional compensation in amount of $1,906.54 over the original
contract amount due to costs incurred to provide additional construction surveying due to van-
dalism. Because of the proximity of the project to Davidson School, students removed and
destroyed project survey points and stakes after working hours.
Staff recommended to Council that the City pay $953.27, which is half the amount requested,
since the contractor did not make sufficient effort to protect the reference points after
the first set of stakes was destroyed.
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to approve
staff recommendation and authorize payment for additional compensation in the amount of $953.27
to Coleman, Selmi & Wright over and above the contract amount for the Davidson School Site
Improvements Project.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
8. 532 "B" STREET - ORDINANCE TO LEASE. (RA) - File 2-8-20
Council reviewed a report from Redevelopment Assistant Executive Director Ward, indicating that
since the City -owned building at 532 "B" Street was abandoned by the former lessee, the lessee
of the adjoining building at 522 "B" Street has offered to lease the premises. Mr. Ward recom-
mended that the Council pass an ordinance to print which will authorize the Mayor to sign the
lease. The lease provides for rent of $1,300 per month for a term of three years, eight months,
with a proviso that either party may terminate the lease after May 14, 1981 upon 90 days'
notice. Also, use is limited to dead storage of antique cars. The lease provides for a sales
commission.
An Ordinance of the City of San Rafael, Providing for the Lease of Public Real Property at
532 "B" Street (AP 13-061-41) to William Ferrua and Jack Sumski, and numbering Charter Ordi-
nance No. 1375, was read, introduced and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
10. REPLACEMENT OF: (CM)
A. TWO POLICE MOTORCYCLES - File 4-2-154
Council considered a recommendation from Assistant to the City Manager Barbier, that the
two Harley Davidson motorcycles presently being used by the Police Department be replaced
with two Kawasaki motorcycles because of their low operating cost. The report pointed out
that the City can get approximately $2,500 as a trade-in for each Harley Davidson motor-
cycle. Since the cost for a 1981 Kawasaki 1000 Police Special is $5,032, the City would
pay a net cost of $5,064 for two new Kawasakis.
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the purchase
of the two 1981 Kawasaki 1000 Police Special motorcycles.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
B. EIGHT POLICE PATROL VEHICLES - File 4-2-155
Council discussed vehicle maintenance and replacement, and requested a report from
Mr. Barbier regarding the possibility of purchasing the sedans from the State, to be
brought back to Council.
13. FINAL ADOPTION - ORDINANCE NO. 1374 - 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
RFCIASSTFY CFRTATN REAL PROPERTY FROM C-2 GENERAL COMMERCIAL DISTRICT TO P -D PLANNED
DISTRICT. (625 Grand Avenue - Ferro) (PI) - File IU -3 x IU -6 (R-
35®
CHARTER ORDINANCE NO. 1374 - 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 Muni-
cipal Code so as to Reclassify Certain Real Property from C-2 (General Commercial) District to
P -D (Planned Development) District (625 Grand Avenue - Ferro), was adopted as an Ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
14. SETTING OF SPECIAL MEETINGS (CC) - File 9-1-1 x 9-2-6
A. INTERVIEWS OF PLANNING COMMISSION APPLICANTS
Council set Monday, September 8, 1980 at 7:30 PM for interviews for Planning Commission
applicants, to be held in conjunction with the interviews for Redevelopment Citizens'
Advisory Committee applicants.
B. MEETING WITH PLANNING COMMISSION
After discussion Council set Monday, October 7, 1980 at 6:30 PM for a dinner meeting with
the Planning Commission.
15. ADDITION OF NARCOTICS UNIT TO MARIN COUNTY MAJOR CRIMES TASK FORCE (PD) - File 4-10-114
Council reviewed a staff report from Police Chief Benaderet, recommending approval of the
addition of a narcotics unit to the Major Crimes Task Force.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve
the addition of a narcotics unit to the Major Crimes Task Force; to approve the amendments to
the Major Crimes Task Force Joint Powers Agreement and authorize adoption of a resolution to
that effect; to approve the revised budget for the Major Crimes Task Force through June 30, 1981
and make funds available for the specified fair share contributions; and to authorize filing of
grant applications for future years aimed at replacing the current LEAA grant and stabilizing
local cost at or near the FY 80-81 level.
RESOLUTION NO. 5970 - RESOLUTION AUTHORIZING AMENDMENTS TO THE MAJOR CRIMES TASK FORCE JOINT
POWERS AGREEMENT FOR THE ADDITION OF A NARCOTICS UNIT
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
16. DISCUSSION OF MARINWOOD/CSA 13 (UPPER LUCAS VALLEY) FIRE PROTECTION (FD) - File 13-5 x 4-10-130
Fire Chief Marcucci briefed the Council on a meeting which was held on August 6, 1980, between
Marinwood and CSA 13 regarding fire protection to Upper Lucas Valley. Supervisor Roumiguiere
was in attendance, as well as Chief Marcucci. CSA 13 presently contracts with Marinwood CSD
for structural fire protection but, with curtailing of funds, CSA 13 is analyzing their future
fire protection capabilities with Marinwood.
One alternative which was discussed at the meeting was to request San Rafael to develop a plan
and cost figures for providing fire protection services to Marinwood and CSA 13 through a con-
tractual agreement, eliminating a San Rafael Station and utilizing the Marinwood Station.
It was Chief Marcucci's view that such a plan would lower the level of service to San Rafael
residents since it would result in closing Station 3 in Joseph Court and relocating personnel
and equipment to other San Rafael stations and Marinwood. Chief Marcucci stated that
Supervisor Roumiguiere was informed that before any plan can be developed by the City it would
be necessary to secure Council approval, as the issue would have lasting effects on the future
of fire protection for the northern section of the sphere of influence, as well as the City.
The next meeting on this subject is scheduled for September 10, 1980.
After discussion the Council requested that Chief Marcucci attend the meeting on September 10
with Marinwood CSD and CSA 13, and inform them that the Council had decided not to proceed
with development of cost data at this time, since there were reservations about the City
entering into the proposal.
INTRODUCTION OF NEWLY APPOINTED CITY MANAGER - File 9-3-11
Mayor Mulryan introduced Mr. Gordon Gill, newly appointed City Manager, who will commence work
with the City on October 13, 1980.
12. PUBLIC HEARING - NEIGHBORHOOD 13/14 PLAN (P1) - File 178
(Mayor Mulryan explained that he had delayed the hearing as long as possible in the hope that
Councilmember Nixon could be present for the entire hearing, but that the hearing would now
commence. Councilmember Nixon arrived during the preliminary staff report.)
Mayor Mulryan declared the public hearing opened. He then announced that the first order of
business would be a staff presentation, covering the status of the Hemmerle/Head suit, followed
by a staff report update. Following would be public testimony: First, neighbors; second,
owners of undeveloped land; the third, other interested parties. the last item would be
Council consideration, comment and action. Mayor Mulryan added that he would like to confine
the entire procedings to within one and one-half hours.
351
Acting Planning Director Moore stated that there would be no comment on the Hemmerle/Head
suit, since it had been discussed in executive session which was held earlier in the evening.
Associate Planner Rockrise briefed the Council concerning correspondence she had with
Carolyn Attkisson, attorney representing developers of the area in question, regarding the
manner in which the public hearing of July 21, 1980 was continued to September 2nd, and also
the lack of notification of abutting cities regarding the proposed Plan. Ms. Rockrise had
informed Ms. Attkisson by letter that there was a clear understanding at the July 21st
meeting that the hearing was being continued to September 2nd, and for that reason additional
public hearing notices are not necessary. With regard to abutting cities, Ms. Rockrise had
informed Ms. Attkisson that the provisions of California Government Code 65305 are directory,
not mandatory, and pointed out that copies of the draft Plan had been sent to County of Marin,
the Local Agency Formation Commission, and the Town of San Anselmo.
Staff is recommending that if the Council takes action on the Plan at this hearing the necessary
rezonings be scheduled at a continuation of this public hearing.
Mayor Mulryan then called upon developers, and indicated they would have 45 minutes for a
presentation.
Carolyn Attkission discussed the subjects covered in her correspondence with Christina
Rockrise, and then touched on the subject of density, objecting to the lowering of the overall
density and zero limits in areas which could be enhanced by making a focal point of a rock
outcropping.
Attorney Robert Brown, representing Messrs. Hemmerle and Head, expressed the opinion that
there should be an EIR for the entire City, not just for Neighborhood 13/14 area.
Architect Brent Dickens then addressed the Council, stating that he represents all of the
owners of undeveloped property in the area and that they are all opposed to the current draft
Plan. He stated he does not agree with the constraints and feels that the policy is so sub-
jective and so interpretive that it will not solve anything.
Developer Richard Lee stated that he feels the Plan is not being handled correctly, and
objected to the currently proposed density, stating it will down -grade property and will have
to be challenged.
Mayor Mulryan then called for comments from other interested parties. Mrs. Anise Turina,
President of San Rafael Housing Corporation, made a presentation stating that the San Rafael
Housing Corporation hopes to work with the City to identify specific sites for low/moderate
housing. The Corporation would like the City to explore a mix of parking, commercial and
residential, and is planning to seek funding from Federal and State agencies and the
San Francisco Foundation to sponsor low/moderate income housing. The Corporation is seeking
the City's endorsement of their efforts.
Mr. Cyril Hofmeister of Bryn Mawr Drive stated he was representing nine homeowners in his
area, and they feel the densities are unfair and too restrictive.
Mary Stewart, Mayor of Rohnert Park, asked that San Rafael take a good look at affordable
housing, because the cities in Sonoma County are receiving an influx of Marin County families
moving to Sonoma County because of affordable housing.
Mayor Mulryan then called for comments from the neighbors within the area. First to speak
was Roper Crawford of Neighborhood 13/14, who presented a comprehensive study on resources,
safety and other considerations including overnight parking on narrow streets, lack of adequate
street lighting, and inadequate water pressure.
Wm. Dittmann of Elizabeth Way supported Mr. Crawford's views, and added that the neighbors
are seeking to preserve the few resources still remaining. He stated that a large percentage
of residents of the area are senior citizens living in homes they have owned for many years
and for them this constitutes low cost housing. He feels that the densities should reflect
the concerns of the community and should not have standards which will allow them to be
higher.
John Collette, president of the Culloden/Quarry/Twin Oaks Homeowners' Association, referred
to his letters of July 10 and 24th. He stated that the three groups support the Plan and feel
that it sets the stage for future decision making. He urged that the Council take into consider-
ation the position of the neighborhood groups, and recommended the Council proceed with the
adoption of the Plan with the density modifications as proposed by the neighborhood associations.
Samuel Smith of Neighborhood 13 spoke in favor of the Plan, and complimented the Council on
the knowledgeable manner in which they have gone about the Plan.
Neil Brogger of Fairhills stated he is a longtime resident of Fairhills and would like to see
the area remain as it is.
Renwick Breck, who works with the California Office on Aging, spoke in favor of consideration
for the elderly and informed the Council that there are many former Marin senior citizens
living in Oakland and other areas in the Bay Area because they cannot afford to live in Marin.
There being no futher public input, the public hearing was declared closed.
352
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to adopt a
Resolution certifying the Negative Declaration for and amending the San Rafael General Plan
by adoption of the Neighborhood 13/14 Neighborhood PLan; and declaring the Council's intent
to rezone certain properties. Councilmember Breiner stated that her second is contingent
upon certain amendments to the Plan. Before discussion of that, however, Councilmember Breiner
stated for the record that, since there were so many comments on the fact that the City had
not done an EIR on the Plan, she wished to mention that it was obvious that there will be
EIRs done on specific proposals so it would not make any sense to do them in advance. Also,
she suggested that the paper passed out by Mr. Roper Crawford should be referred back to staff
for utilization at a future time, but not necessarily made part of the Plan. The changes
suggested by Councilmember Breiner are in connection with the letter dated July 17, 1980 from
the Culloden/Quarry/Twin Oaks Homeowners' Association. On page 2 of that letter there were
certain amendments which were stated. The one at the bottom of the page, (d), which says
"Amend page B-7, lines 18-22 to delete the existing text and substitute in its place the
following language": (Councilmember Breiner read the paragraph and substituted her amendments
within.) "Access to the area may present (in lieu of "presents") a serious problem. Twin
Oaks Avenue appears to present a potential geological hazard, and this may inhibit or limit
its use as an access road. Further, if (added) Quarry Raod is, in fact, (added) a private
road, ("and" deleted) existing easements may not (in lieu of "would" not) appear adequate
to support subdivision or multi -unit development of the property." Councilmember Breiner
mentioned that the letter in question is page B-7 of the Plan itself.
Council agreed that the amendments recommended by Councilmember Breiner should be in the form
of a formal amendment to Councilmember Jensen's motion, and Councilmember Breiner so moved.
This motion seconded by Councilmember Nixon.
RESOLUTION NO. 5968 - CERTIFYING NEGATIVE DECLARATION FOR AND AMENDING THE SAN RAFAEL GENERAL
PLAN BY ADOPTION OF THE NEIGHBORHOOD 13/14 NEIGHBORHOOD PLAN; AND
DECLARING THE COUNCIL'S INTENT TO REZONE CERTAIN PROPERTIES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon.& Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then mentioned that there was another controversial part of the Plan in
the July 10, 1980 letter to the City Council, from the Neighborhood 13 Association, Fair Hills
Homeowners' Association, and Culloden/Quarry/Twin Oaks Homeowners' Association. This referred
to a change in the wording of the Plan at the Planning Commission level, in which the word
"modified" was substituted for the word "limited" in the second paragraph of Section 3, page 3.
Councilmember Breiner moved that the paragraph read as follows: "It should be noted that while
the Land Use Policies call for a classification of the various resource area types followed by a
density determination, the actual number of units built on a property may be further modified
(in lieu of "limited") based on review of site specific information available during the
development approval process with an upper modification limit of 15%." Councilmember Breiner
explained that this would mean that if there is any modification it cannot be over 15%. (This
is page B-1 of the Plan.)
There being no second, the motion died.
RESOLUTION NO. 5969 - REQUESTING LAFCO AMEND THE SPHERE OF INFLUENCE BOUNDARY AND WAIVE THE
APPROPRIATE APPLICATION FEE
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then agreed to set Monday, October 6, 1980, as the date for the public hearing on the
rezoning. There are present zonings not consistent with the Neighborhood Plan, and staff is
proposing a "U" zoning until the "hillside ordinance" zone, or HRPD can be adopted. Meanwhile,
the moratorium will remain in effect.
17. REPORT ON 1980 CENSUS (P1) - File 9-14
Council heard a report from Acting Planning Director Moore, to the effect that the 1980 census
figures are unsatisfactory, and apparently inaccurate. The Planning staff is attempting to have
the Census Bureau reconcile the figures and come up with a more realistic figure. One fact
which came out of the census is an increase in the number of dwelling units, which indicates
that there are probably illegal dwelling units within residential neighborhoods. This pos-
sibility will be investigated.
18. CONFLICT OF INTEREST MATTER RE MICHAEL J. SMITH - File 9-4-4 x 9-3-16
Council discussed with City Attorney Duggan his proposed Temporary Restraining Order (TRO) in
the case of Planning Commissioner Michael Smith, to prevent him from voting on the Peacock Gap
Neighborhood Plan because of Mr. Smith's financial interest as a Vice -President of Frank Howard
Allen Real Estate Company. The hearing is scheduled for Wednesday, September 3, 1980 at
8:45 AM in Marin Superior Court.
The Council informed Mr. Duggan that according to the City Charter he cannot represent the City
without the sanction of the City Council. Mr. Duggan stated that since this is a Fair Political
Practices Commission instance, he feels he is under State jurisdiction. He further stated he
was writing to the FPPC to clarify this. Mayor Mulryan informed Mr. Duggan that the State
Attorney General is the only office which could rule on such a situation.
**** AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: None
353
After further discussion Councilmember Nixon moved and Councilmember Jensen seconded, to speci-
fically direct City Attorney Duggan not to file a Temporary Restraining Order in the case of
Michael Smith, since Mr. Duggan has no authority to do so.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Jensen then moved and Councilmember Miskimen seconded, that the City of San Rafael
not expend any monies to assist in litigation on this matter.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mr. Duggan informed the Council, after considering the matter, that he will not act on the
Temporary Restraining Order, but requested that the Council ask Mr. Smith not to vote on
Peacock Gap.
Mr. Smith informed the Council that he feels he has no conflict regarding Peacock Gap, but
that he has stated before and still states that he will not participate in any voting on the
Terra Linda area until the Traffic Study is completed and all measures have been resolved.
19. COMMUNICATIONS RE SUPPORT OF REFERENDUM TO HALT PERIPHERAL CANAL - File 9-4
Council reviewed letters from the City of Novato and Town of Corte Madera regarding support
for the referendum to halt the construction of the Peripheral Canal.
Councilmember Miskimen moved and Councilmember Breiner seconded, to support the referendum
to halt the Peripheral Canal construction.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. COMMUNICATION RE RADIO EQUIPMENT (FD) - File 9-3-31
Council reviewed a letter from Frncis Strohmeyer regarding bidding procedures for radio
equipment in the Fire Department.
Chief Marcucci informed the Council that no radio equipment has been purchased in the Fire
Department for four to five years, except the Paramedic radio equipment which had to be
Motorola in order to be compatible with the other Paramedic untis throughout the County.
Chief Marcucci assured the Council that the Fire Department adheres to the correct pur-
chasing procedures as set down by the City.
ADD ITEM:
MARIN SYMPHONY WEEK - File 110
Mayor Mulryan declared the week of September 14 through 21, 1980, as "Marin Symphony Week".
EXECUTIVE SESSION
21. Council adjourned to Executive Session to discuss anticipated and pending litigation.
(& ANNE— M. LEONCINI, City Clerk
APPROVED THIS /S_]! DAY OF2,1980
MAYOR OF THE CITY OF SAN RAFAEL
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354
In Room 201 of the San Rafael City Hall, Thursday, September 11, 1980, at 4:30 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Absent: John A. Miskimen, Councilmember/Agency Member
EXECUTIVE SESSION
Executive Session for Purpose of Reopening Discussions of Applicants for City Manager/
Redevelopment Agency Executive Director.
No action was taken.
Council/Agency adjourned to a special joint meeting at 7:00 PM on Monday, September 15, 1980,
for the purpose of interviewing applicants for Citizens' Advisory Committee, Redevelopment,
and for Planning Commission.
JEAU R. LEONCINI, City'Clerk/Agency Secretary
APPROVED THIS 6t/7 DAY OF +� 1980
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, September 15, 1980, at 7:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
(Arr. 7:15 PM)
AGENCY:
RE: INTERVIEW OF APPLICANTS FOR CITIZENS' ADVISORY COMMITTEE, REDEVELOPMENT - File R-140 (CAC
Agency interviewed the following applicants for the vacancy on the Redevelopment Agency
Citizens' Advisory Committee, caused by the appointment of Michael Smith to the Planning
Commission:
Craig S. Spencer
David M. Sheldon, Jr.
Member Jensen moved and Member Miskimen seconded, to appoint David M. Sheldon, Jr., to the
Redevelopment Agency Citizens' Advisory Committee, to fill the unexpired term of Michael Smith,
which runs to June 1983.
AYES: MEMBERS: Jensen, Miskimen & Chairman Nixon
NOES: MEMBERS: Breiner & Mulryan
ABSENT: MEMBERS: None
COUNCIL:
RE: INTERVIEW OF APPLICANTS FOR PLANNING COMMISSION - File 9-2-6
Council then interviewed the following applicants for the Planning Commission:
Clifford S. Lund, incumbent
Jack Wilkinson
(Daniel T. Donahue withdrew since he is moving from the area.)
355
Member Breiner moved and Member Jensen seconded, to reappoint Clifford S. Lund to the Planning
Commission, for a term to run to July 1984.
AYES: MEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: None
Agency/Council adjourned to a Special Joint Meeting at 5:15 PM on Wednesday, September 17, 1980,
to discuss the feasibility of the Auto Center and then adjourn to Executive Session.
JEA N . LEONCINI, City Clerk/Agency Secretary
APPROVED THIS 6_d DAY OF 0�-� , 1980
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, September 15, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Raymond L. Meador, Acting City Manager; Edmund A. Duggan, City Attorney;
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
Meeting of August 27, and Special Joint
and Regular Meetings of September 2, 1980.
(CC)
2. Resolution Authorizing Loan to
Redevelopment Agency for Administrative
Costs. (FD) - File 8-5 (R-103)
3. Appeal of Planning Commission Decision:
CC80-11; Certificate of Compliance;
2167 Francisco Blvd.; Robert Greene,
owner; AP 9-161-41 & 42. (Pl) -
File 10-6
4. Extension of Time - Ceccotti Tract
Subdivision. (PW) - File 5-1-257
5. Public Hearing re Peacock Gap Neighbor-
hood Plan. (Pl) - File 166
6. Resolutions of Appreciation: (CM) -
File 102 x 9-3-31 x 9-3-15
a. Wm. Walker, Fire Capt.
b. Heber R. Mellor, Engineer, Fire
Dept.
c. LaVon Eller, Finance Dept.
Recommended Action
Approved as submitted.
RESOLUTION NO. 5971 - LOANING $488,800 TO
SAN RAFAEL REDEVELOPMENT AGENCY (At 4/9%,
to be paid back to Open Space Fund, on or
before 7/1/81.)
Set Public Hearing for Monday, October 6,
1980.
RESOLUTION NO. 5972 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENT WORK IN THE
CECCOTTI TRACT SUBDIVISION (To & incl.
Sept. 1, 1981)
Set Public Hearing for Monday, October 20,
1980.
RESOLUTION NO. 5973 - FIRE CAPT. WILLIAM
WALKER;
RESOLUTION NO. 5974 - ENGINEER, FIRE DEPT.
HEBER R. MELLOR;
RESOLUTION NO. 5975 - LaVon ELLER, DEPUTY
FINANCE DIRECTOR.
ON THEIR RETIREMENT FROM CITY.
356
7. Claims for Damages:
a. Amy Marshall, File 3-1-501 (PW)
b. George R. Pynn, File 3-1-502 (PW)
c. David Rutigliano, File 3-1-503 (PD)
8. Resolution of Award of Bid - Trailer
Mounted - Engine Driven Chipper (CM) -
File 4-2-152
9. Police Advisory Commission Recommend-
ation re Revenue Bond Program for
Housing. (PAC) - File 9-2-28
10. Report on Results of Disaster Drill.
(CM) - File 13-11
Approved R. L. Kautz Co. recommendation
for denial of claims.
RESOLUTION NO. 5976 - AUTHORIZING THE PUR-
CHASE OF A TRAILER MOUNTED ENGINE DRIVEN
CHIPPER UTILIZING EQUIPMENT REPLACEMENT
FUNDS (To H. V. Carter Co., bid amount
$12,163.50)
Accepted report for further Study.
Accepted report. Staff to prepare pro-
posal in cooperation w/Golden State Univ.
to present to Council re: Revision of
basic emergency plan & establishment of
detailed training program to improve level
of cooperation among staff w/in Emergency
Operations Center (EOC).
AYES:
COUNCILMEMBERS:
Breiner, Jensen, Miskimen, Nixon
& Mayor Mulryan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ABSTAINED:
COUNCILMEMBERS:
Councilmember Miskimen abstained
from voting on minutes of
special joint meeting of August 27th.
Councilmember Nixon
abstained from voting on Items 1
through 11 & 13 through 16,
in minutes of the regular meeting
of September 2, 1980.
11. PUBLIC HEARING - PREZONING - (PreZ80-10) - NUNES RANCH OFF LUCAS VALLEY ROAD (AP 164-280-49
vvvni ini" v.i `I\LJlULI\ 1nL 1'IUL1lrLL rL-rAMILUI UIJIf\1VI, IV. 11.111 ) U 1UrGIV
P1 - Portion of Nunes Ranch, Parcel "EI' - File 5-2-81 x 2-1-51 x 13 -14 -
Mayor Mulryan declared the public hearing opened.
Acting Planning Director Moore informed the Council that the Open Space prezoning is recommended
since LAFCO requires the site be prezoned prior to annezation. The City was granted a one-third
interest in Parcel ''EI' of the Nunes Ranch in December 1979. The Marin County Open Space District
and Marin County hold the other two-thirds interest. The land is dedicated open space (CSA 23).
If the property remains outside the City Limits the City will have to pay taxes on it, and
therefore staff is recommending annexation. Mrs. Moore informed the Council that the application
is Categorically Exempt per Section 15116 of the State EIR Guidelines.
Councilmember Jensen expressed concern regarding liability which would be assumed by the City if
the area is annexed.
There being no public input, the public hearing was closed.
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 RMP -0.1 (Residential Multiple Planned) District to "0" (Open Space)
District (Portion of Nunes Ranch - Parcel ''E"), and numbering Charter Ordinance No. 1376, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - PREZONING - (PreZ80-9) - 150 MAIN DRIVE (AP 186-051-10), FROM: (COUNTY
R -1:B-4 SINGLE FAMILY RESIDENTIAL MINIMUM LOT SIZE ONE ACRE DISTRICT. TO ('TTY) "0"
. krormer Arntz rroperty.) (NI) - rile S-e-dZ x L -1 -
Mayor Mulryan declared the public hearing opened.
Acting Planning Director Moore informed the Council that in December 1979 the City accepted a
gift deed of approximately two acres in land from Eugene F. and Dorothy N. Arntz for the purpose
of open space. The land is located in the County, abutting the City Limits line, and includes a
40 -foot wide access and utility easement to Main Drive within the City. In order to avoid taxes,
the City must annex the site. As is the case with the land in the foregoing public hearing, this
application is Categorically Exempt per Section 15116 of the State EIR Guidelines; and LAFCO
requires that the site be prezoned prior to annexation.
There being no public input, the public hearing was closed.
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 R -1:B-4 (Single Family Residential Minimum Lot Size One Acre) District
to "0" (Open Space) District (150 Main Drive - former Arntz Property) and numbering Charter
Ordinance No. 1377, was read, introduced and ordered passed to print by the following vote, to
wit.
357
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. FINAL ADOPTION - ORDINANCE NO. 1375 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT 532 "B"
STREET AP 13-061-41 TO WILLIAM FERRUA AND JACK SUMSKI. RA - File 2-8-20
CHARTER ORDINANCE NO. 1375 - Providing for the lease of Public Real Property at 532 "B" Street
(AP 13-061-41) to William Ferrau and Jack Sumski, was adopted as an Ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Redevelopment Assistant Executive Director Ward informed the Council that the former occupants of
the building at 532 "B" Street left a quantity of slate, which could be sold at auction, enabling
the City to recover some of the loss resulting from the default to the former tenants. The
earliest the auction could be set is September 27, 1980. For this reason, Mr. Ward requested
that the Council permit waiver of the first month's rent for the new occupants, since they will
not be able to move in as scheduled.
Councilmember Breiner moved and Councilmember Jensen seconded, to waive the first month's rent in
compliance with staff request.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. STATUS REPORT - FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AND UNDERGROUNDING OF UTILITIES.
PW - File 6-34
Council reviewed a staff report from Acting Director of Public Works Bernardi, indicating that
the Marin Municipal Water District has notified the City that they do not have sufficient bud-
geted funds to complete the replacement of their water lines for the entire length of the pro-
posed project, but only the portion between Grand Avenue and Harbor Street could be done this
winter. The District Board have stated that they will budget sufficient funds to complete the
project from Harbor Street to Bellam Boulevard next fiscal year. The Board had not realized the
extent of the project when they budgeted this year's funds.
Mr. Bernardi stated that when he broached this subject to the PG&E staff he was told that such a
delay would endanger the project, and may even result in cancellation. For this reason, staff is
recommending that the City loan the Marin Municipal Water District approximately $300,000 so that
the project may be completed this winter.
Council discussed this matter and agreed to loan $250,000 at 4.9% interest to the MMWD.
Councilmember Miskimen moved and Councilmember Breiner seconded, to loan the Marin Municipal
Water District $250,000 at 4.9% interest, to be paid back by early July 1981; and that such
contract, when drawn up by staff, be brought back to Council for approval.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. ORDINANCE AMENDING SECTION 5.60.010 (PARKING METER ZONES) TO INCLUDE NEW PARKING LOT ON FIFTH
AVENUE, WESTERLY OF LINCOLN AVENUE, AND NEW PARKING LOT ON "WING SING LAUNDRY" SITE. PW -
r1 ie 11-10
Council reviewed a staff report with two alternatives regarding the designation of parking meter
zones. The first ordinance presented would amend the Municipal Code to designate the two new
parking meter zones, and when others are formed additional ordinances would be required. The
second ordinance would state that parking meter zones on City streets and publicly owned property
within the City would be established by Council Resolution. Thus, the Council would have the
opportunity of reviewing and approving new parking meter zones, without the necessity of amending
the Municipal Code.
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the
concept of zones being established by Resolution.
An Ordinance of the City of San Rafael, Amending Section 5.60.010, Parking Meter Zones, of the
San Rafael Municipal Code, and numbering Charter Ordinance No. 1378, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
358
17. FOLLOWUP ON PURCHASE OF POLICE PATROL CARS. (CM) - File 4-2-155 x 9-1-2 x 9-3-30
Council heard from Assistant to the City Manager Barbier, in connection with his request for
replacement of eight police patrol vehicles. He had contacted the State, as directed by Council,
with regard to possible purchase from them, and found that they are purchasing only Dodge cars.
Since the police patrol cars are Chevrolet Malibu's and the City has considerable replacement
parts on hand, the switch was not felt to be feasible at this time. Also, Mr. Barbier stated
that City Attorney Duggan had informed him that because of the City Charter we should no longer
bid with the State.
Council then discussed, at Councilmember Breiner's request, the possibility of raising the
mileage at which cars should be replaced, from 55,000 miles to a range of 65,000 to 75,000
miles, and to use some energy-saving techniques such as not letting car engines idle for long
periods of time. Mrs. Breiner also requested that the graphs on the automotive experience
factors continue to be furnished.
Councilmember Miskimen expressed concern that when cars are in dangerous situations they be in
top condition, in order to minimize hazards to drivers. Chief Benaderet stated that in high
speed chases there are certain stress points such as the steering gear, and he would request
that if the mileage factor is raised to 65,000 to 75,000 miles the garage be instructed to pay
particular attention to the stress points when servicing the police vehicles.
After further discussion Councilmember Breiner moved and Councilmember Nixon seconded, to raise
the mileage at which vehicles would be rotated to 65,000 - 75,000 mileage factor, and that
particular attention be given to energy saving techniques and stress points in vehicles.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. REPORT ON CONTRACT NEGOTIATIONS FOR CSA 19. (FD) - File 4-13-37
Fire Chief Marcucci informed the Council that he has been requested to respond to a number of
questions posed by the County of Marin relative to alternative funding solutions for CSA 19.
Supervisor Roumiguiere has been conducting meetings with residents of CSA 19 to inform them of
the financial difficulties CSA 19 is currently experiencing and it is expected that these
discussions will culminate in a March 1981 ballot measure if sufficient residents are convinced
of the need to maintain an adequate level of fire protection.
Chief Marcucci stated he is reluctant to prepare and submit information on the subject to the
County without recognition on the part of the Council that the figures requested by the County
would not totally reflect the City's obligation in fire protection costs to CSA 19 residents.
After discussion it was agreed that Councilmembers Breiner and Miskimen will meet with Chief
Marcucci to discuss the matter in detail, and that a subsequent meeting with Supervisor
Roumiguiere will be arranged.
19. RECOMMENDATION RE PROCESSING DEVELOPMENT APPLICATION FOR CITIZENS' SAVINGS & LOAN, 1004
NORTHGATE DRIVE. P1 - File 9-2-6
Council heard from attorney Albert Bianchi, representing Citizens' Savings & Loan Association,
who are requesting an exemption to permit processing of their application for development of an
office at 1004 Northgate Drive, prior to completion and adoption of the Northgate Activity Center
Plan. Several factors were brought out, such as the fact that the traffic volume would be even
less than when there was a Chevron service station on the site; the fact that the vault would not
be moved from the Citizens' office at 950 Northgate Drive to the new location; that no more than
six additional persons would be employed in the new facility over the above number presently at
the Citizens' office; and the fact that the planned development will not require any additional
grading but, with landscaping, will enhance the intersection.
Councilmember Miskimen stated he was opposed to the project as he does not agree with the concept
as presented.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to approve the
exemption as requested and authorize processing of the application prior to completion of the
Northgate Activity Center Plan with the finding that there will be negligible, if any, traffic
increase with the development of the new Citizens' Savings & Loan facility; and with the condi-
tion that future uses in the existing Citizens' Savings & Loan at 950 Northgate Drive shall be
limited to administrative/professional uses normally allowed in Administrative/Professional
Districts.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: None
(Councilmember Nixon left meeting)
20. REQUEST BY MARIN SANITARY SERVICE TO EXTEND EXISTING CONTRACT WITH CITY OF SAN RAFAEL (CM) -
File 4-3-32
Council reviewed a request from Marin Sanitary Service, represented by attorney Albert Bianchi,
for a twenty-year extension on their franchise, in order to facilitate their financing for a
transfer station which the company hopes to construct. This station will permit the consolida-
tion of garbage for subsequent transportation to the dump on the same day, and will permit use of
smaller, fuel efficient trucks and significant reduction in air pollution.
359
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to grant a
twenty-year extension to Marin Sanitary Service in the form of a ten-year initial period with
option to renew the contract for an additional ten years. The revised agreement will be pre-
sented to the Council for approval at the next meeting.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
21. DESIGNATION OF VOTING REPRESENTATIVE, LEAGUE OF CALIFORNIA CITIES CONFERENCE IN LOS ANGELES
OCTOBER 19/22, 1980. CC - File 9-1 x 9-11-1
Council agreed that Councilmember Breiner will be the Council's voting representative, with
Councilmember Jensen as alternate.
(Councilmember Nixon returned)
22. CALL FOR APPLICATIONS FOR VACANCY ON CULTURAL AFFAIRS COMMISSION. (Rec) - File 102-9-2-24
Council accepted resignation from the Cultural Affairs Commission submitted by Helga Epstein, and
called for applications to fill the vacancy.
RESOLUTION NO. 5977 - RESOLUTION OF APPRECIATION, TO HELGA EPSTEIN (Cultural Affairs Com-
missioner)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. SETTING DATES FOR SPECIAL COUNCIL MEETINGS. (CM) - File 9-1-1
a. Cook Hearing - File 9-2-12
Council decided on Tuesday, October 28, 1980, at 5:00 PM for a hearing. Council decided
against a de novo hearing and instead counsel for the City (Levy) and counsel for Officer
Cook (Sortor) will argue their respective cases from the evidence contained in the transcript
of the hearings of the Board of Review. Counsel will also address the question of whether or
not the City Council can increase Officer Cook's punishment over and above that which was
determined by the City Manager.
b. Auto Center Discussion - File 9-1-1 x R-130 (Redevelopment
Council set Wednesday, September 17, 1980, at 5:15 to discuss the auto center and May
property.
c. Council agreed that Mayor Mulryan and Acting City Manager Meador will work up an agenda for
the joint meeting with the Planning Commission on October 7. The dinner meeting will com-
mence at 6:30 PM. Included as an agenda item will be the traffic/transit issues as pre-
viously discussed. (File 9-1-1 x 9-2-6)
EXECUTIVE SESSION
Council adjourned to Executive Session to discuss:
a. Anticipated litigation.
b. Continued discussion of hiring of City Manager/Redevelopment Agency Executive Director.
M. LEONC INI , City Clerk
APPROVED THIS 6 ti, DAY OF 0CIP... , 1980
1. 44-t!
MAYOR OF THE CITY OF SFTN RA L
*** *** *** *** *** *** *** ***
360
In the Council Chambers of the City of San Rafael, Wednesday, September 17, 1980, at 5:15 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Also Present: Raymond L. Meador, Acting City Manager/Acting Executive Dir.;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
RE: DISCUSSION OF AUTO CENTER - R-130
Agency heard from Lynn Sedway regarding development costs, and from Gene Matucci of Main, Hurdman
& Cranstoun regarding their financial analysis. Their presentations were followed by Terry
McCarty of Stone & Youngberg regarding financing mechanisms.
After discussion, the Council/Agency agreed to approve the staff recommendation that City staff
and appropriate consultants meet with auto dealers to conclude the analysis and to bring a joint
recommendation forward to the Agency/Council.
EXECUTIVE SESSION
Executive Session to discuss pending litigation.
JEANN LEONCINI, City C erk/Agency Secretary
APPROVED THIS V DAY OF �G� 1980
AWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
At Falkirk, San Rafael Community Cultural Center, 1408 Mission Avenue, San Rafael, California,
Friday, September 19, 1980, at 5:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Absent: Jack G. Nixon, Councilmember/Agency Chairman
EXECUTIVE SESSION
Executive Session to Interview Applicant for City Manager/Redevelopment Agency Executive
Director.
No action was taken.
Council/Agency adjourned to a special joint meeting at 7:00 PM on Tuesday, September 23, 1980
in Conference Room 201 at San Rafael City Hall, for continuing discussion of applicants for
City Manager/Redevelopment Agency Executive Director.
JEAV M. LEONCINI, City Jerk/Agency Secretary
APPROVED THIS (tom DAY OF 00tL4e y , 1980
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
361
In Room 201 of the San Rafael City Hall, Tuesday, September 23, 1980, at 7:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
EXECUTIVE SESSION
Executive Session for the Purpose of Continuing Discussion of Applicants for City Manager/
Redevelopment Agency Executive Director.
OPEN SESSION
After discussion, Council/Agency unanimously appointed Robert F. Beyer as City Manager/Redevel-
opment Agency Executive Director effective November 1, 1980, at a salary of $47,000 per annum.
Council/Agency then adjourned to their next regular meetings to be held on Monday, October 6,
1980.
JEAN E LEONCINI, City Clerk/Agency Secretary
APPROVED THIS 6 *Q DAY OF A - , 1980
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 6, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Raymond L. Meador, Acting City Manager; Edmund A. Duggan, City Attorney;
Jeanne M. Leoncini, City Clerk
1. PRESENTATION OF RESOLUTION OF APPRECIATION TO POLICE OFFICER JONATHAN BEAN (PC) - File 9-2-28
x 102
RESOLUTION NO. 5978 - RESOLUTION OF APPRECIATION TO POLICE OFFICER JONATHAN BEAN (For bravery
in a life-saving incident)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items:
Item
2. Approval of Minutes of Special Joint
Meetings of September 11 & 15,
Regular Meeting of September 15, and
Special Joint Meetings of September 17,
19 and 23, 1980 (CC)
3. Claim for Damages - Majorie Sutton,
File No. 3-1-508 (PW)
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial.
362
4. Resolution to Support Continuation of
Abandoned Vehicle Program (P1) -
F;iA a -A -1r)
5. Authorization to go to Bid for a 24
Cubic Foot Per Minute (CFM) Breathing
Apparatus Compressor (FD) - File 4-2-156
6. Lease Agreement with San Rafael School
District re Rental of Facility for
Child Care Expansion (Rec) - File 4-7-17
7. Extension of Time - Piombo Industrial
Subdivision (PW) - File 5-1-255
8. Resolution of Award of Contract for
Custodial Maintenance Services for Short
& Don Timoteo Schools Child Care Centers
(Rec) - File 4-3-78
10. Report on Audit for City of San Rafael,
1979/80 (Fin) - File 8-1
12. Terms of Two Park & Recreation Com-
missioners Expiring October 1980
(Rec) - File 9-2-4
13. Report on Marin County Overall Economic
Development Plan (OEDP) - 1980/81 (P1) -
File 193
14. Resolution of Appreciation - William
"Bill" Vaning, Tree Consultant (CM)_
File 102
RESOLUTION NO. 5979 - AUTHORIZING CITY OF
SAN RAFAEL TO ENTER INTO CONTRACT W/STATE
OF CALIFORNIA HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT PARTICIPATION AND AUTHOR-
IZING THE CITY MANAGER OR HIS DESIGNATED
REPRESENTATIVE TO SIGN SAID CONTRACT
(Encumbered amt. $2,500)
Approved request to go to bid.
RESOLUTION NO. 5980 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/SR
School District to utilize Bahia Vista
School portable classroom as day care
facility, $200/Mo., Sept. 1, 1980/June 30,
1981)
RESOLUTION NO. 5981 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENT WORK IN PIOMBO
INDUSTRIAL SUBDIVISION (To & including
April 1, 1981)
RESOLUTION NO. 5982 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Dis-
count Bldg. Co. for Custodial Maintenance
Services)
Accepted report.
Accepted staff recommendation that inter-
views be held at 7:00 PM, Monday,
October 20, 1980.
Accepted report.
RESOLUTION NO. 5983 - RESOLUTION OF APPRE-
CIATION (Wm. "Bill" Vaning, deceased)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Councilmember Miskimen abstained from voting on minutes of Special
Joint Meeting of September 11, Councilmember Nixon abstained from
voting on minutes of Special Joint Meeting of September 19, 1980.
9. RESOLUTION OF AWARD OF BID FOR TWO POLICE DUTY TYPE MOTORCYCLES (CM) - File 4-2-154
Councilmember Jensen questioned the fact that staff recommended that Healdsburg Cycle, low bidder
at $8,562.68, be awarded the bid. Mr. Jensen voiced his concern that maintenance and repair
would be costly unless Healdsburg Cycle will specify that warranty and service policies will be
honored locally. This fact was determined to be affirmative.
RESOLUTION NO. 5984 - AUTHORIZING THE PURCHASE OF TWO POLICE MOTORCYCLES UTILIZING EQUIPMENT
REPLACEMENT FUNDS (From Healdsburg Cycle of Healdsburg, California,
low bidder at $8,562.68)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. APPOINTMENT OF CITY MANAGER (CC) - File 9-3-11
After discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to adopt a
resolution authorizing the signing of a contract with Robert F. Beyer, appointed City Manager
effective November 1, 1980, with the agreement to be revised to show that "Prior to January 1st
of each succeeding year, beginning in 1982, the City Council shall review the City Manager's
salary and may adjust said salary as they shall see fit".
RESOLUTION NO. 5985 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Robert F.
Beyer, City Manager effective November 1, 1980, w/salary of $47,000
per annum)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
363
15. PUBLIC HEARING - APPROVAL OF PLANNING COMMISSION DECISIONS - CC80-11 - CONDITIONS OF APPROVAL
OF CERTIFICATE OF COMPLIANCE AND ADOPTION OF DESIGN CRITERIA FOR THE SHORELINE PARK; 2167
FRANCISCO BLVD.; ROBERT GREENE, OWNER; AP 9-161-41 & 42 P1 - File 10-6 x 12-15
Mayor Mulryan declared the public hearing opened, and informed the appellants that the Council
has determined that there are a number of local issues which are unclear, so a decision on this
appeal will not be made until the October 20th Council meeting.
Council then heard from attorney Jay Paxton, representing Robert Greene. Mr. Paxton contended
that the parcel is a legal parcel in compliance with the Map Act, and that the Map Act states
that no conditions may be imposed on a certificate of compliance other than those which were
imposed on the original owners. He then read three suggested conditions of approval regarding
the Certificate of Compliance: a) A shoreline park which is 25% of the dry land area shall be
preserved on the Certificate for dedication as a park at the time of the issuance of development
permits. Prior to the recordation of the Certificate, the applicant shall submit a topographic
survey and proposed park areas, in general accordance with the schematic diagrams presented to
the City Council, for review by the Planning Director. b) Wetland areas, outside the line of
+6.0 MSL, shall be reserved for dedication on the Certificate. Dedication shall be required at
the time of the issuance of development permits. c) At the time of the development of the
property, the existing levee shall be improved to the City of San Rafael Public Works engineering
standards. Such work shall be bonded at the time of the issuance of development permits.
Mr. Paxton stated he feels there is no possibility of having the entire Shoreline Park uniform
in size.
Judy Waller of Waller Associates, representing Monumental Corp., asked that the Council instruct
the Planning Commission regarding Shoreline Park as it affects Spinnaker Point. Mayor Mulryan
noted that this is an entirely different land use, and Mrs. Waller stated that she is bringing up
the subject because it is located at the northern end of Shoreline Park, and that the Planning
Commission has changed its requirements since the original approval for Spinnaker Point.
Attorney Brent Weller and Silvio Bianchini, both of the Canal area, asked to be included among
those speaking on the subject, at the October 20th meeting.
Attorney Richard Tarrant, representing Sea Port Development Company, successors to Monumental
Corp. at Spinnaker Point, stated he objects to the additional dedication of land required as
conditional approval.
Bud Weisenburg, Chairman of the Board of Directors of CSA 26, suggested that the Council use
the condemnation process if there has been some legal oversight which prevents enforcement of the
criteria for the Shoreline Park.
Steve Patterson, president of the Gerstle Park Homeowners' Association, stated that the Shore-
line Park is a necessity, and asked that it be implemented for all future San Rafael residents.
There being no further input, the public hearing was closed.
Hearing continued to the October 20, 1980 meeting.
16. PUBLIC HEARING - REZONINGS TO IMPLEMENT NEIGHBORHOOD 13/14 PLAN (Pl) - File 178
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
(Councilmember Jensen left meeting)
Associate Planner Rockrise informed the Council that the Brent Dickens property is being
excluded from the rezoning, since it has been removed from the Neighborhood 13/14 Plan by Council
action.
Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Declara-
tion for "U" Zoning.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
Councilmember Breiner moved and Mayor Mulryan seconded, to pass to print the Ordinance regarding
"U" zoning, with the City declaring its intent to ultimately rezone the lands to HRPD, and that
development in the interim period would be required to meet standards and policies of the Neigh-
borhood 13/14 Plan.
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 R-1 (Single Family Residential) District and P -C (Planned Community) District to U
(Unclassified) District, and numbering Charter Ordinance No. 1379, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
364
Councilmember Miskimen moved and Councilmember Nixon seconded, to certify the Negative Declara-
tion on the Single Family Residental District zoning.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
Councilmember Nixon moved and Councilmember Breiner seconded, to pass to print the Ordinance
regarding Single Family Residential District zoning, with development being required to meet the
standards and policies of the Neighborhood Plan (to a larger lot size in the Quarry/Culloden Park
area).
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 R-1 (Single Family Residential) District to R -2-B-3 (Single Family Resi-
dential, Minimum Building Site Area 20,000 square feet) District, and numbering Charter Ordinance
No. 1380, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Nixon left meeting)
17. PUBLIC HEARING - AMENDED AGREEMENT WITH MARIN SANITARY SERVICE FOR EXTENSION OF CONTRACT (CA) -
Pi1a
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
RESOLUTION NO. 5986 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Marin
Sanitary Service - Eighth Amendment to Agreement, extending contract
for ten years, thru June 30, 2001, with option to renew agreement for
an additional ten years on written notice from company)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
(Councilmember Jensen returned)
18. FINAL ADOPTION - ORDINANCE NO. 1376 - 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 RMP -0.1 RESIDENTIAL MULTIPLE PLANNED DISTRICT
TO "0" OPEN SPACE DISTRICT PORTION OF NUNES RANCH - PARCEL "E" P1 - File 5-2-81 x
L-1-bl X l.i-14-1
CHARTER ORDINANCE NO. 1376 - 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 RMP -0.1 (Residential Multiple Planned) District to "0" (Open Space)
District (Portion of Nunes Ranch - Parcel "E"), was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
19. FINAL ADOPTION - ORDINANCE NO. 1377 - 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
rPPTATN PPAI PR(1PPPTY FR(1M R_1 •R_a CTNr.'I P PAMTI Y PFCTnPNTTAI MTNTMIIM I (1T CT7P nmP Pop nTCTRT
I - rile b -e -tie X e -1 -bb
CHARTER ORDINANCE NO. 1377 - 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 R -1:B-4 (Single Family Residential Minimum Lot Size One Acre) District to
"0" (Open Space) District (150 Main Dr. - former Arntz Property, was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
20a FINAL ADOPTION - ORDINANCE NO. 1378 - AMENDING SECTION 5.60.010 PARKING METER ZONES OF THE
SAN RAFAEL MUNICIPAL CODE PW - File 11-18
CHARTER ORDINANCE NO. 1378 - Amending Section 5.60.010 Parking Meter Zones of the San Rafael
Municipal Code, was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
365
20b ADOPTION OF TWO RESOLUTIONS: (PW)
RESOLUTION NO. 5987 - ESTABLISHING PARKING METER ZONES, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
RESOLUTION NO. 5988 - SETTING TWO-HOUR PARKING METER TIME LIMITS (Two new off-street parking
lots - Fifth Avenue opposite Garden Lane, and Lootens Place & Commercial
Place, SE corner)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
21. FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AND UNDERGROUNDING OF UTILITIES - CONTRACT WITH
MARIN MUNICIPAL WATER DISTRICT RE LOAN CA --File 4-15-4 x 6-34
Staff informed the Council that a Promissory Note Agreement had been prepared, involving a
loan from the City to the Marin Municipal Water District for $250,000 to enable them to complete
the rehabilitation of a twelve -inch water line in Francisco Boulevard East from Grand Avenue to
Bellam Boulevard. It was noted that the final wording has not yet been approved by the District,
and staff asked approval from the Council, unless substantive changes are requested by the
District. The loan is to be repaid in full by September 1, 1981, with an interest rate of 4.9%
per annum on the first $200,000.
RESOLUTION NO. 5989 - AUTHORIZING THE SIGNING OF A PROMISSORY NOTE AGREEMENT WITH THE MARIN
MUNICIPAL WATER DISTRICT
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
(Councilmember Nixon returned)
22. IMPROVEMENTS TO PICKLEWEED PARK (Rec) - File 2-1-55 (R-55
Council reviewed a staff report from Recreation Director Jauch, recommending that the Council
recommend to the School Board that they go ahead with their original plan for a multipurpose
room at Bahia Vista School, and suggest that the building be designed in a way to permit future
additions to the building.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve
staff recommendation, and recommend to the School Board that they proceed with their multipurpose
room at Bahia Vista in a flexible manner so that it could be expanded.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. REPORT ON COUNTYWIDE PLAN UPDATE PROGRAM (Pl) - File 191
Council reviewed a report from Acting Planning Director Moore, in which it was stated that the
City Council and Planning Commission will be kept advised of any recommendations and schedules
adopted by the Countywide Plan Advisory Committee. In the coming months, the Commission and
Council will be receiving complete copies of the revised draft, and staff recommends that a
series of public presentations by County and City staffs with public discussion of the revised
draft be initiated.
24. STATUS REPORT ON OAK HILL (RA) - File 4-13-45 x 13-14-1
After reviewing a report from Redevelopment Agency Assistant Executive Director Ward, regarding
the status of this property, Council directed Mr. Ward to follow his recommendations regarding
amending of the Joint Powers Agreement with CSA 23 to allow the City to cut out five lots and
retain resale proceeds from them. Mr. Ward was requested to contact the County (CSA 23), and
negotiate an amendment to the Joint Powers Agreement. The Agreement would then come back before
the Council for approval.
25. STATUS REPORT ON RENAMING OF IRWIN STREET (PW) - File 11-2
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, that the street
name not be changed; and that in the future if owners of property on the portion of Irwin Street
south of the freeway wish to initiate action regarding "South Irwin" Street, they may come back
to the Council with the request.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
366
26. REVIEW OF GRANT REQUESTS FOR BUCK FOUNDATION FUNDS (CM) - File 194
Council reviewed a report from Assistant to the City Manager Nicolai, indicating that the
San Francisco Foundation has expressed a need for a comprehensive list of projects which will be
submitted from each agency in the upcoming year. Ms. Nicolai submitted a list of projects
proposed by the departments, in priority order, and asked that the Council review the priorities
and make any changes they deem advisable.
The Council asked that they be furnished broader descriptions on which to make their evaluations
and establish their priorities; also, Council to submit additional items to Ms. Nicolai.
27. SPECIAL ASSESSMENT FORECLOSURES (Fin) - File 6-22 x 6-29
Finance Director Coleman informed the Council that he is proposing adoption of two resolutions
ordering foreclosure on certain tax delinquent properties, in East San Rafael Drainage Assessment
Districts 1 and 2, respectively. If the property taxes are not paid the assessments also become
delinquent and the City must then advance money to the County to pay the bond holders. Mr.
Coleman pointed out that the resolutions had been prepared after conferring with the City's bond
attorney.
RESOLUTION NO. 5990 - ORDERING JUDICIAL FORECLOSURE PURSUANT TO THE IMPROVEMENT BOND ACT OF
1915 (Property in East San Rafael Assessment District No. 1)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 5991 - ORDERING JUDICIAL FORECLOSURE PURSUANT TO THE IMPROVEMENT BOND ACT OF
1915 (Property in East San Rafael Assessment District No. 2)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
28. DISCUSSION OF ABAG ECONOMIC DEVELOPMENT OBJECTIVES AND POLICIES PROPOSED FOR THE BAY REGION
RA - File 111
Council requested that Acting City Manager Meador condense the cover memo into an "overview"
and bring it back to the Council for their consideration at the meeting of October 20, 1980.
29. REPORT ON INTENTION TO RECORD NOTICE OF SUBDIVISION VIOLATION - NORTHGATE EAST - PHASE 3 (PW) -
File 5-1-220
Staff informed the Council that the required documents were received from Mr. Arthur Nicolaisen
this afternoon, and no action is required.
30. KAISER PSYCHIATRIC 1,000 SQ. FT. ADDITION: EXEMPTION FROM NORTHGATE ACTIVITY CENTER "MORATO-
RIUM" 7(7TT7- File 10-2
Council reviewed a staff report from Acting Planning Director Moore, stating that the proposed
addition would cause very little traffic impact, since Kaiser has transfered some existing
medical clinic activities to their new facility in Santa Rosa which resulted in a net decrease in
traffic generation at the Kaiser complex in Northgate.
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the staff recommendation
and find the project exempt from the Northgate Activity Center Plan with the findings specified
in the Planning Commission staff report.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
GENERAL TOPICS FOR DISCUSSION,
AS REQUESTED BY MAYOR AND COUNCILMEMBERS
31. APPOINTMENT OF TEMPORARY CITIZENS' COMMITTEE RE HOUSING ELEMENT - File 9-2-33
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to set up a
volunteer Citizens' Committee re Housing Element, to be appointed by the Council.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
It was agreed that the subject will be discussed further at the Special Joint City Council/
Planning Commission meeting on October 7th.
32. REPORT ON CONTRACT NEGOTIATIONS RE CSA 19 - File 4-13-37
After discussion it was agreed that Councilmembers Breiner and Miskimen will schedule another
meeting with the County regarding CSA 19, and will report back to the Council.
367
ADD ITEMS
I RESOLUTION SUPPORTING PROPOSITION 10 - RE "NO SMOKING" - File 13-4 x 9-4
Mrs. Sharron Baker requested the Council's support of Proposition 10, the "No Smoking" measure
on the November 1980 ballot. Councilmember Miskimen stated that the Council has followed the
policy in the past that they would not get involved in State propositions nor would they
endorse candidates.
RESOLUTION NO. 5992 - ENDORSING THE PASSAGE OF PROPOSITION 10, THE SMOKING AND NO SMOKING
SECTIONS ACT OF 1980
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen & Miskimen
ABSENT: COUNCILMEMBERS: None
II RESOLUTION OF APPRECIATION FOR POLICE OFFICER DONALD M. ROSE - File 9-3-30 x 102
RESOLUTION NO. 5993 - RESOLUTION OF APPRECIATION TO DONALD M. ROSE (On departure from City
employment)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADJOURNMENT
Councilmember Nixon moved and Councilmember Miskimen seconded, to adjourn the Council meeting
in memory of William Vaning, Tree Consultant, deceased.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
EXECUTIVE SESSION
Council adjourned to Executive Session to discuss pending litigation.
U.FzANNE M. LEONCINI, City Clerk
APPROVED THIS o�O-!� DAY OF 01— , 1980
MAYOR OF THE CITY OF SAN RA
EL
*** *** *** *** *** *** *** ***
Special Joint Meeting between the San Rafael City Council and the San Rafael Planning Commission,
Dominic's Harbor Restaurant, San Rafael, Tuesday, October 7, 1980, at 6:30 PM
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Present: John A. Starkweather, Chairman
Albert J. Boro, Member
Cecilia B. Bridges, Member
John Galbraith, Member
Clifford S. Lund, Member
Richard M. Norman, Member
Michael Smith, Member
Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A.
Duggan, City Attorney; William T. Bullard, Jr., Assistant City Attorney; and Anne
Moore, Acting Planning Director and Acting Secretary to the Planning Commission
File 9-1 x 9-2-6
368
1. DISCUSSION OF SHORELINE PARK - File 12-15
Mayor Mulryan explained that action had been delayed at the Council meeting on Monday, October 6,
1980, on the appeal by Robert Green of the Planning Commission requirement of dedication of a 100
ft. wide strip of land for a shoreline park (2167 Francisco Blvd.) because the Council is not
clear as to what their legal rights are concerning design guidelines for the shoreline park.
Planning Commission Chairman Starkweather discussed the history of the park, stating that Con-
sultants Rockrise, Odermatt, Mountjoy & Associates, had originally shown a 200 foot wide shore-
line park along the bay frontage. However, the City felt it could not go along with that and cut
the shoreline park back to 100 feet. Plans for East San Rafael have routinely shown an approxi-
mate 100 ft. park on all drawings. The public, in general, has been lead to believe that this is
the direction planning is going in this part of the City. This has been true whether a marina
would be developed in the area or not. The shoreline park would go all the way from the Rod &
Gun Club to Pickleweed Park.
Councilmember Miskimen questioned whose responsibility it would be to maintain such a park, and
noted it would cover about 33 acres. He felt the park should not run behind the Spinnaker Point
area.
Assistant City Attorney Bullard stated the ways to acquire park land are limited to mitigation
measures for environmental concerns and to Map Act authority to acquire access to the water
through dedication. However, in this situation, Mr. Bullard stated he believes the City does not
have the authority to require dedication of land along the levee for a 100 ft. shoreline park.
When questioned by Commissioner Boro as to why he now has this opinion, when two months ago at
a Planning Commission meeting he raised no objection, Mr. Bullard stated that after the park was
challenged, he did some further investigation. He learned that Redevelopment Agency Counsel
Steven Goldfarb had told the Agency some years ago that such a dedication could not be required
and that the Agency would have to pay for the land.
Acting Planning Director Moore stated that the shoreline park property was "mitigation" for
allowing building on some other tidelands and wildlife habitat areas.
Planning Commission Chairman John Starkweather, in discussing the Grange property, stated that
this property could be a developable piece if it were joined with the Green property, and then it
might be a good project. However, the problem is only in the developer's insistence that it be
considered as a completely separate parcel. Mr. Bullard commented the City does not allow
development of substandard parcels.
Commissioner Norman stated that B.C.D.C. requires that at least 70 feet of the levee must be
maintained, whatever the outcome of the project.
Commissioner Smith stated he felt the Planning staff and developer could work out a compromise
on this particular project.
2. COMMISSION/COUNCIL RELATIONS - File 9-1 x 9-2-6
Mayor Mulryan complimented the Planning Commission on their past year's performance and thanked
them for the countless hours spent on items such as the Neighborhood 13/14 Plan and the Peacock
Gap Neighborhood Plan. He then asked if there were any problems the Planning Commission wished
to discuss.
Planning Commission Chairman Starkweather mentioned that the redevelopment process sometimes
leads to problems for the Commission in handling developers who have met with the Development
Review Committee and thought they had tacit approval of their project.
Councilmember Breiner stated she had previously suggested that a member of the Planning Com-
mission serve on the Development Review Committee.
After discussion, it was agreed that the Development Review Committee would remain with two
members, Mayor Mulryan and Redevelopment Agency Chairman Nixon, and that staff, namely Ray
Meador and Anne Moore, would keep the Planning Commission informed of Committee actions. It was
mentioned that the role of the Development Review Committee was to obtain an overview of a
developer's project only, with the intent of seeing whether the project might be acceptable to
go through the planning process, and nothing more.
The Dillingham quarry property was then discussed. Commissioner Bridges pointed out that close
attention should be paid to the density to avoid traffic problems on Pt. San Pedro Road, as well
as Highway 101.
Councilmember Nixon elaborated on his philosophy of the Planning Commission's role, stating
that they were appointed because of their ability to make decisions within the framework of
planning laws. However, he pointed out that the Council has a broader fiscal responsibility
which they must consider in reaching their decisions.
Discussion followed concerning the Master Plan for West Francisco Blvd. area. It had pre-
viously been suggested that joint Planning Commission/City Council public hearings be held;
however, Assistant City Attorney Bullard stated that back-to-back meetings would be the pro-
cedurally correct method to follow.
369
3. HOUSING - File 9-2-33
Mayor Mulryan stated that housing has become a social issue and mentioned that the Council had
previously voted to form a volunteer citizens' advisory committee to aid in implementing the
housing element of the City's General Plan.
Commissioner Galbraith asked what the guidelines would be for such a committee and Mayor Mulryan
stated that volunteers from all interested groups, especially homeowners' groups, would be
solicited.
Acting Planning Director Moorer stated that the Planning Commission has already held two work-
shops on housing, discussing density, second units, inclusionary zoning, and subsidized housing.
Other agencies such as Marin Builders' Exchange, Legal Aid Society, Chamber of Commerce, and
Marin County Housing Authority have participated. Planning staff is consulting legal staff on
how to proceed, given recent legislation.
Commissioner Lund discussed the problem of inclusionary zoning and mentioned that many neighbor-
hood groups are 100% opposed to this concept.
Councilmember Jensen mentioned that new legislation just signed into law will allow mobile homes
in residential neighborhoods, beginning July 1, 1981.
Acting City Manager Meador discussed legalizing second units and mentioned that neighborhood
groups have been reluctant to work out a solution.
Commissioner Lund then discussed consideration of low and moderate income tracts, and Mayor
Mulryan mentioned there are two possible areas to keep in mind; the P.G.&E. property and First
National State Bank of New Jersey property.
Councilmember Miskimen noted our City's above average senior citizen population and their need
for affordable housing.
Commissioner Boro stated his concern about providing affordable housing for the owner -occupied
or rental unit. He pointed out that a key issue is whether to have owner -occupied units and
the need for neighborhood input in reaching that decision. He also mentioned the importance
of adherence to a firm policy statement relative to the Housing Element Citizens' Advisory
Committee.
After further discussion, staff was asked to prepare a policy statement for discussion by both
the Planning Commission and the City Council, so that the new Committee will have firm guide-
lines to follow.
4. SETTING OF JOINT MEETING FOR TRAFFIC/TRANSIT WORKSHOP - File 9-3-40
Tuesday evening, October 28, 1980 at 8:00 PM, was the date set for a joint workshop of the City
Council and the Planning Commission to discuss traffic/transit issues; meeting to be held in the
Council Chambers.
Meeting adjourned at 10:05 PM to the next regular meeting of the City Council on October 20,
1980.
WN17E M. LEONCINI, City Clerk
APPROVED THIS 0207�1 DAY OF (DgZ4, , 1980
l .P_
MAYOR OF THE CITY OF SAN AFAEL�
*** *** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, October 20, 1980, at 7:00 PM:
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
(Arr: 7:30 PM)
Also Present: Raymond L. Meador, Acting City Manager; Regina A.Buchanan, Deputy City Clerk
370
RE: INTERVIEWS OF PARK & RECREATION COMMISSIONERS - File 9-2-4
Council interviewed Mr. Jeffrey J. Stahl, Chairman of the Park and Recreation Commission,
whose term is expiring in October 1980. Councilmember Nixon arrived during interview.
Council then interviewed Mrs. Norah Freitas, Vice -Chairman of the Park and Recreation Com-
mission, whose term is also expiring in October 1980.
After a brief discussion Councilmember Miskimen moved and Councilmember Nixon seconded, to
reappoint Mr. Stahl and Mrs. Freitas to additional four-year terms ending in October 1984.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then discussed possible revision of their policies regarding appointments and re-
appointments to Commissions and Boards, and agreed that Councilmembers Breiner and Nixon
would review the present policies and make suggested revisions to the Council at an early
date.
Council adjourned to their regular meeting at 8:00 PM this evening.
RE �NAA.4UCH�WN,�Depu`tyCi�tyCl�erk
APPROVED THIS DAY OF 1980
AYOR OF THE CITY OF SA�AEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 20, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Raymond L. Meador, Acting City Manager; Regina A. Buchanan, Deputy City Clerk;
Edmund A. Duggan, City Attorney
PRESENTATION OF RESOLUTION OF APPRECIATION - File 102
1. Mayor Mulryan presented a Resolution of Appreciation for the late William Vaning, Tree Consult-
ant, to his widow, Mrs. Dorothy Vaning.
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
2. Approval of Minutes of Regular Meeting
of October 6, and Special Joint Meeting
with Planning Commission on October 7,
1980 (CC)
3. Grant of Easement to PG&E -
Third & Cijos Sts. Parking Lot (PW) -
File 2-5-7
4. Tree Trimming Schedule - Department of
Public Works (PW) - File 11-6 x 9-3-40
5. Report on Applications for Vacancy on
Cultural Affairs Commission (CC) -
Pi1c Q -9-9d
Recommended Action
Approved as submitted.
Continued to meeting of November 3, 1980,
as requested by staff.
Accepted report and approved schedule for
next two years.
Set interviews for 7:00 PM on November 3,
1980.
6. Approval of Joint Powers Agreement
with San Rafael School District re:
Use of San Rafael High School (Rec) -
G;lo d_7_1R
7. Report on Filings of Fair Political
Practices Commission Form 730, "State-
ment of Economic Interests for Desig-
nated Employees" (CC) - File 9-4-3
8. Statement of Disclosure - David Sheldon,
Jr., Redevelopment CAC Member (CC) -
File 140
11. Park & Recreation Commission Recommendation
re Dedication of Pickleweed Park (Rec) -
File 2-1-55 x 104
12. Training Workshops for Disaster Preparedness
(FD/CM) - File 13-11
13. Request for Approval to Call for Applications
for Cultural Affairs Commission Technical
Advisory Committee (Rec) - File 9-2-24
14. Acceptance of Grant Award from San
Francisco Foundation (CM) -
File 4-10-136
371
RESOLUTION NO. 5994 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (Jt.
Powers Agreement w/SR High School Dist. re
Use of San Rafael High School as Community
Center - may be cancelled by either party
on 60 days notice)
Accepted report.
Accepted statement.
Set dedication for Saturday, May 2, 1981.
RESOLUTION NO. 5995 - AMENDING THE FINAL
BUDGET OF THE CITY OF SAN RAFAEL FOR FY
JULY 1, 1980 - JUNE 30, 1981 BY AN
INCREASE OF $1,875 TO SATISFY TRAINING
REQUIREMENTS & REVISIONS NEEDED FOR THE
EMERGENCY PLAN
Approved request.
Accepted award of two-year grant for
$148,719 for Library Outreach Program,
commencing in September 1980.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. AWARD OF CONTRACT - ROOF REPAIR, TERRA LINDA RECREATION CENTER (CM) - File 4-1-301
Councilmember Jensen questioned the fact that there was only one bid received. He was assured
by staff, after research, that notices had been sent to nine San Rafael roofing firms, and they
were given two weeks' lead time, and yet only one firm had responded.
Councilmember Jensen then moved and Councilmember Breiner seconded, to approve the award of the
contract to Marin County Roofing Co., Inc., for their bid price of $9,291.00.
RESOLUTION NO. 5996 - RESOLUTION OF AWARD OF BID FOR REROOFING MAIN BUILDING, TERRA LINDA
RECREATION CENTER (To Marin Co. Roofing Co., Inc., bid of $9,291.00)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. RE UEST FOR AUTHORIZATION TO AWARD BID TO NEXT LOWEST BIDDER - CUSTODIAL MAINTENANCE SERVICES
FOR SHORT AND DON TIMOTEO SCHOOLS CHILD CARE CENTERS Rec - File 4-3-78
Council reviewed staff recommendation that bid for the custodial services be awarded to Pronto
Building Maintenance at the next lowest bid of $26,586.00, since the Discount Building firm who
was the low bidder at $16,560.00 could not meet the bonding and insurance requirements.
Councilmember Jensen voiced the opinion that Pronto Building Maintenance bid was too high for the
services required.
Matter was deferred to the Council meeting of November 3, 1980, to give staff time to attempt to
renegotiate.
15. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISIONS - CC80-11 - CONDITIONS OF APPROVAL ON
CERTIFICATE OF COMPLIANCE AND ADOPTION OF DESIGN CRITERIA FOR THE SHORELINE PARK; 2167 FRANCISCO
BLVD.; ROBERT GREENE, OWNER; JAY PAXTON, REP.; AP 9-161-41 & 42 P1 - File 10-6
Mayor Mulryan declared the public hearing opened.
Acting City Manager Meador stated that, after meeting with the appellant's attorney until 4
o'clock this afternoon, it develops that there are still difficulties to be resolved and staff
recommends continuing the hearing until the next regular meeting of November 3rd.
Attorney Jay Paxton, representing the appellant, stated that this would be a hardship and urged
that the hearing be held. Council suggested that the hearing be continued to 5:15 PM on
Thursday, October 23rd, to which Mr. Paxton agreed. It was so ordered.
372
16. PUBLIC HEARINGS - PEACOCK GAP NEIGHBORHOOD PLAN (P1) - File 166
Mayor Mulryan outlined the agenda for the public hearings, stating that there would be a staff
presentation giving the chronology of the Plan, a description of the Planning Commission's
recommended draft, and an outline of outstanding issues. Acting Planning Director Moore then
made the staff presentation.
a. Adequacy - EIR
Mayor Mulryan declared the public hearing opened, stating that this hearing was for the
purpose of determining the adequacy of the EIR, without certifying it. The certification
will await the acceptance of the Plan.
Council then heard from Robert Winckler, President of the Peacock Gap Homeowners, who dis-
cussed the traffic, density, and noise aspects of the EIR. Mr. Wm. McNew, a Peacock Gap
resident, expressed his concern regarding the sewer capacity. Bud McKean felt that the EIR
did not accurately assess the traffic on Biscayne Drive in the vicinity of the townhouses, in
that it stated the houses have garages and atriums in front, whereas many have front bed-
rooms. Attorney Peter Hunt, representing New York -California Industrial Corporation, stated
that from the developers' point of view the EIR is deemed to be adequate, but they do not
agree with everything it says.
There being no further input, the public hearing was closed.
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the adequacy of
the EIR.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. Revised Draft - Neighborhood Plan
Mayor Mulryan declared the public hearing opened. He stated that it had been determined by
the City Attorney that Councilmember Miskimen has a potential conflict of interest regarding
Peacock Gap parcels 2 and 6, and that therefore, Councilmember Miskimen will abstain from any
voting regarding those parcels.
Property owners and developers were then heard, on a parcel -by -parcel basis, with the
property owners concerned about increased traffic, visual backdrops and noise levels.
Developers showed, with the aid of charts, how their proposed developments would fit into the
area, and asked for more density in each case than is called for in the proposed Plan.
Property owners in each instance asked for less density than is recommended by the Planning
Commission and staff.
The future plans for the Dillingham quarry property were discussed, but there was no firm
information available. The Peacock Gap Property Owners are in favor of having that property
included in the Plan, in order that future development could be controlled.
After discussion, it was mutually agreed that the public hearing would be continued to
Monday, November 24, 1980, at 8:00 PM.
Following the hearing there was a brief intermission. When Council reconvened Councilmembers
Miskimen and Nixon were absent.
17. RATE STUDY OF MARIN SANITARY SERVICE GARBAGE RATES (Fin) - File 4-3-32
Finance Director/Treasurer Coleman informed the Council that he has been meeting with Peter
Breckus of Ross, Harlan Barry, City Manager of Larkspur, and Ned Ongaro, District Manager of the
Ross Valley Sanitary District to discuss the hiring of a consultant to do a rate study of the
Marin Sanitary Service garbage rates. There were two proposals, and the group is recommending
acceptance of the proposal from Mr. Donald Steger to perform the rate study at a cost of
$2,225.00. Marin Sanitary Service will pay the cost of the study.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to authorize an
agreement with Donald Steger to do a rate study of Marin Sanitary Service garbage rates, with the
cost ($2,225) to be paid by Marin Sanitary Service.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
(Councilmembers Miskimen and Nixon returned to meeting)
18. URGENCY ORDINANCE AMENDING TITLE 12 RE RIGHT -OF -ENTRY FOR VARIOUS CONSTRUCTION CODES (PW) -
File 1-6-1/2/3/5/6/7
Council reviewed a staff report from Acting Public Works Director Bernardi, stating that when
Ordinance No. 1365 was adopted earlier in the year amending the various construction codes to
include enforcement by the Building Inspection Division of the Public Works Department, a portion
of the "right -of -entry" sections of the codes was inadvertently omitted. Staff is recommending
adoption of an Urgency Ordinance to provide the necessary language to correct the deficiency.
373
CHARTER ORDINANCE NO. 1381 - An Urgency Ordinance of the City of San Rafael Amending Title 12
of the Municipal Code of the City of San Rafael, Providing Proper Right -of -Entry" Wording for
Chapter 12.12 "Uniform Building Code", Chapter 12.14 "Uniform Mechanical Code", Chapter 12.16
"Uniform Plumbing Code", Chapter 12.20 "Electrical Code", Chapter 12.28 "Uniform Code for the
Abatement of Dangerous Buildings", and Chapter 12.32 "Uniform Swimming Pool Code", was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. FINAL ADOPTION - ORDINANCE NO. 1379 - 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 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AND P -C PLANNED COMMUNITY
DISTRICT TO U UNCLASSIFIED DISTRICT Rezonin to Implement Neighborhood 13/14 Plan P1 -
File 178
CHARTER ORDINANCE NO. 1379 - An Ordinance 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 R-1 (Single Family Residential) District and P -C (Planned Community) District
to U (Unclassified) District, was adopted as an Ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. FINAL ADOPTION - ORDINANCE NO. 1380 - 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 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R -1-B-3 SINGLE FAMILY RESI-
DENTIAL, MINIMUM BUILDING SITE AREA 20,000 SQUARE FEET DISTRIConing to implement
Neiqhborhood 13/14 Plan P1 - File 178
CHARTER ORDINANCE NO. 1380 - An Ordinance 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 R-1 (Single Family Residential) District to R -1-B-3 (Single Family Resi-
dential, Minimum Building Site Area 20,000 Square Feet) District, was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REVIEW OF ENCROACHMENT PERMIT REQUEST (PW/CA) - File 2-11
Council considered a staff report from Acting Public Works Director Bernardi, Acting Planning
Director Anne Moore and Assistant City Attorney Wm. T. Bullard, regarding newspaper racks which
had been placed in public right-of-way by "East Bay Today" newspaper on Saturday, October 6,
1980. No encroachment permits had been obtained for the placement of the racks in public right-
of-way, and to date no permit has been requested, although an encroachment permit form was given
to the firm for submittal. The City crews removed a total of eighteen racks. Subsequently, the
City has been in touch with East Bay Today staff and general counsel, and the permit requests
will be forthcoming. Assistant City Attorney Bullard has advised that because of the heavy
implications raised by First Amendment privileges and recent case law decisions striking down
city measures regulating newsracks, the newsracks should be restored to their previous locations
until the issue is resolved.
After discussion Councilmember Nixon moved and Councilmember Breiner seconded, to approve the
staff recommendation that, subject to voluntary agreement of East Bay Today newspaper, staff
prepare an Ordinance regarding newspaper racks for presentation at the November 17th Council
meeting; and that staff be directed to issue no encroachment permits for racks until the Ordi-
nance is acted upon by Council. Meanwhile, the racks currently occupying City right-of-way will
be allowed to remain until action by the Council on the proposed Ordinance.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. REVIEW OF GRANT REQUESTS FOR SAN FRANCISCO FOUNDATION FUNDS (CM) - File 194
Council reviewed a prioritized list of proposed grant requests for Buck Foundation funds, with
details as they had requested, prepared by Assistant to the City Manager Nicolai.
After discussion Councilmember Nixon moved and Councilmember Miskimen seconded, to endorse
the list as presented.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. PARK & RECREATION COMMISSION RECOMMENDATION RE SUPPORT OF PROPOSITION ONE (Rec) - File 9-4 x
9-2-4
Councilmember Nixon moved and Councilmember Jensen seconded, to endorse Proposition One on the
November 4, 1980 election - California Parkland Act of 1980.
374
RESOLUTION NO. 5997 - ENDORSING THE PASSAGE OF PROPOSITION ONE, THE CALIFORNIA PARKLANDS ACT
OF 1980
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. REQUEST FROM CULTURAL AFFAIRS COMMISSION RE $10,000 APPROPRIATION FOR EMERGENCY REPAIR OF
STAINED GLASS WINDOWS AT FALKIRK Rec - File 9-2-24
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve appropriation of
$10,000 for emergency repair of the stained glass windows (3) at Falkirk Community Cultural
Center, since they are in danger of collapsing if not repaired by a firm with expertise in the
art of restoration, and that staff be authorized to proceed to solicit bids.
RESOLUTION NO. 5998 - AUTHORIZING APPROPRIATION OF FUNDS FOR REPAIR OF STAINED GLASS WINDOWS
AT FALKIRK COMMUNITY CULTURAL CENTER ($10,000)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. REQUEST FOR ENDORSEMENT OF MEASURE "F", LAS GALLINAS VALLEY SANITARY DISTRICT REVENUE BOND
MEASURE - File 9-4
Council was asked by Mrs. Anise Turina, who is Chairman of Yes on Measure F, to endorse the
measure which is on the ballot for the November 4, 1980 election, in order that the Regional
Water Quality Control Board will not declare a moratorium on sewer connections, thereby halting
much needed housing projects.
Councilmember Nixon moved and Councilmember Breiner seconded, to endorse Measure "F", the
Las Gallinas Valley Sanitary District Revenue Bond Measure.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
26. DISCUSSION OF PARKING METER HOLIDAYS - File 11-18 (Verbal)
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to set Parking
Meter Holidays for December 8 through 24, 1980.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. DISCUSSION OF APPOINTMENT OF CITIZENS' ADVISORY COMMITTEE ON ENERGY - File 9-2-34
Councilmember Breiner stated that the County is working on an energy element, and she felt
the City should appoint a small committee on energy and incorporate energy-saving into our
General Plan. It would be an advisory committee to function independently up to a certain point
as they become active.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to appoint a
Committee of not less than five persons, with a one-year limit on the Committee unless Council
decides to continue their tenure. Public Works Department is to work closely with the Committee.
There will be at least one person on the Committee who is from the construction industry, for
input on costs.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
28. REVIEW OF FOURTH & HETHERTON BUS STOP AREA - File 140
Councilmember Breiner mentioned the debris and generally unkempt area around the Fourth &
Hetherton bus stop. Council agreed that they would ask Bok Reitzel, Redevelopment Agency Con-
sultant, to speak with the operators of the food establishments in the area in an effort to
have the area more carefully policed.
ADD ITEM
"U" ZONING OF AREA OF HIGHLAND & DEER PARK AVENUES - File 9-3-17 x 9-2-6
Councilmember Breiner suggested "U" zoning of the area of Highland and Deer Park Avenues which
is owned by Dominican College. Council asked Planning Department to place the item on the
November 3, 1980 agenda.
375
Council adjourned to Executive Session to discuss pending litigation.
�REIN A�BU K NA�De uty City Clerk
APPROVED THIS � DAY OF 1980
YOR OF �TH�ITYF SAN FAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Thursday, October 23, 1980, at 5:15 PM:
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Absent: John A. Miskimen, Councilmember/Agency Member
Also Present: Raymond L. Meador, Acting City Manager/Acting Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
CITY COUNCIL
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISIONS - CC80-11 - CONDITIONS OF APPROVAL
ON CERTIFICATE OF COMPLIANCE AND ADOPTION OF DESIGN CRITERIA FOR THE SHORELINE PARK; 2167
FRANCISCO BLVD.; ROBERT GREENE, OWNER; AP 9-161-41 & 42 (PIT-- File 10-6
Mayor Mulryan declared the public hearing opened.
Council agreed to continue the public hearing to the next regular meeting on November 3, 1980,
due to the fact that Councilmember John A. Miskimen was hospitalized this afternoon.
REDEVELOPMENT AGENCY
EXECUTIVE SESSION
Executive Session was cancelled, since there were no items to discuss.
Council/Agency adjourned to their next regular meetings on Monday, November 3, 1980.
JEAOK R. LEONCINI, City Clerk/Agency Secretary
APPROVED THIS -3 t! DAY OF , 1980
f.
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
In the Council Chambers of the City of San Rafael, Tuesday, October 28, 1980, at 5:00 PM:
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
376
RE: APPEAL OF POLICE OFFICER JAMES A. COOK - File 9-2-12 x 9-3-30
After hearing attorney Robert Levy on behalf of the City and attorney William Sortor on behalf
of Officer James A. Cook, the Council took the presentations under submission and adjourned to
Executive Session.
Following Executive Session, the Council reconvened and took the folowing action:
We, considering the matters raised in the hearing this evening and following our review of the
evidence before us as well as the briefs of counsel, have voted unanimously to affirm the
findings of and the discipline upheld by the Board of Review.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Council adjourned to their next regular meeting on November 3, 1980.
' ,
A NE M. LEONCINI, City Clerk
APPROVED THIS /J- DAY OF 1980
L
4YOtR OF THE CITY OFSAN RAFAE
*** *** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, November 3, 1980, at 7:00 PM:
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: INTERVIEWS OF APPLICANTS FOR CULTURAL AFFAIRS COMMISSION - File 9-2-24
Council interviewed the following applicants for the vacancy on the Cultural Affairs Commission
which was caused by the resignation of Commissioner Helga Epstein:
Ms. Suzanne Galko
Dr. Fred A. London
Ms. Suzanna G. Pollak
Ms. Georgia Rosenberg
After discussion Councilmember Nixon moved and Councilmember Breiner seconded, to appoint
Ms. Suzanna Pollak to the Cultural Affairs Commission to fill the unexpired term of Helga
Epstein, which runs until April 1983.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to their next regular meeting to follow at 8:00 PM.
A E M. LEONCINI, City Clerk
k
APPROVED THIS 17t6- DAY OF , 1980
YOR OF THECITY OFAN RA AEL
*** *** *** *** *** *** *** ***
3 'i
In the Council Chambers of the City of San Rafael, Monday, November 3, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
Re: PRESENTATION OF RESOLUTION OF APPRECIATION TO RAYMOND L. MEADOR - File 102
Mayor Mulryan presented a Resolution of Appreciation to Raymond L. Meador for his performance as
Acting City Manager and Acting Executive Director of the Redevelopment Agency during the past
eight months.
RESOLUTION NO. 5999 - RESOLUTION OF APPRECIATION (To Raymond L. Meador)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Pamela Nicolai, Assistant to the City Manager, then presented Mr. Meador with a resolution
signed by all department heads.
CONSENT CALENDAR
Councilmember Nixon moved and Councilmember Jensen seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special and
Regular Meetings of October 20, and
Special Joint Meeting of October 23,
1980 (CC)
2. Claims for Damages: (PW)
a. Jacques Bord - File 3-1-518
b. Thomas A. Hansen - File 3-1-519
c. United Services Automobile Assn.
& Clare Dower - File 3-1-522
3. Resolution to Amend Resolution Nos.
5144 and 5189 to Include Planning
Commissioners in a San Rafael Conflict
of Interest Code (CA) - File 9-4-2
4. Request for Approval to Close
Library at 5:00 PM on December 24
(Christmas Eve) and December 31
(New Year's Eve), 1980 (L) -
File 9-3-61
5. Statement of Disclosure - Robert F.
Beyer, City Manager (CC) - File 9-4-2
x 9-3-11
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendations
for denial of claims.
RESOLUTION NO. 6024 - AMENDING RESOLUTIONS
NO. 5144 AND NO. 5189 BY ADDING PLANNING
COMMISSIONERS TO THE CONFLICT OF INTEREST
PROVISIONS
Approved staff recommendation.
Accepted statement.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. AUTHORIZATION TO REQUEST PROPOSALS FOR ENGINEERING SERVICES FOR ANDERSEN DRIVE EXTENSION PROJECT
PW - File 4-3-79
In response to Council inquiry, Acting Public Works Director Bernardi informed the Council that
the actual project should be going to bid in the Spring, and the project should be completed by
Summer. At this stage staff is requesting approval to request proposals for the required en-
gineering services for field surveying and preliminary roadway alignment design.
Councilmember Jensen expressed concern about heavy equipment using the new road during construc-
tion of the proposed treatment plan, and Mr. Bernardi assured him that only the lower terminus
of the road would be in the construction area.
Councilmember Breiner inquired about a bike path, and Mr. Bernardi responded that there will be
4 to 6 foot shoulders on the sides of the road.
378
Councilmember Jensen then moved and Councilmember Miskimen seconded, to approve staff recommen-
dation that they be authorized to request proposals for engineering services for the extension
of Andersen Drive, and also be authorized to request those previously allocated funds from the
member sewer districts to finance the extension of Andersen Drive.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISIONS - CC80-11 - CONDITIONS OF APPROVAL ON
CERTIFICATE OF COMPLIANCE AND ADOPTION OF DESIGN CRITERIA FOR THE SHORELINE PARK, 2167 FRANCISCO
BLVD., ROBERT GREENE, OWNER, JAY PAXTON, REP., AP 9-161-41 & 42 CFTT --File 10-6
Mayor Mulryan declared the public hearing opened.
Community Development Director Meador pointed out that the crucial question at this time is
whether the City or the Redevelopment Agency has the right to require a Shoreline Park as a
condition of approval in respect to a development application. Other questions which have
arisen are, if the City cannot require a Shoreline Park, does it have the right to require
levee improvements, mitigation measures as identified in the East San Rafael Master Environ-
mental Impact Report, and/or access to the Bay. After discussing these and other questions,
staff recommended that the matter be referred back to the Planning Commission for re -analysis
and re -wording and that the Certificate of Compliance be approved with modified conditions of
approval.
Attorney Jay Paxton, representing the owner of the property in question, questioned the mitiga-
tion measures being imposed, and stated that they are willing to dedicate wetland areas out
board of +6, and that the EIR does not cite the 100 feet back as mitigation. He urged the
Council to reconsider the 100 -foot Shoreline Park requirement.
Council then heard from Brent Weller, a Canal area resident, who stated he feels that the
planning process in the Canal area is inconsistent.
Silvio Bianchini of the Canal area urged that the Council accept the recommendations of staff.
Planning Commission Chairman, Dr. John Starkweather, informed the Council that the maps are
being presented at the meeting by the developer have not been before the Planning Commission.
Similar maps have been presented, but not exactly the same as these.
Cecilia Bridges, Planning Commissioner speaking as a private citizen, stated she is certain the
Council recognizes the need for a levee in the area, but a levee should be called just that, and
not be called a park.
There being no further public input, the hearing was closed.
Councilmember Miskimen spoke in favor of accepting the compromise proposal as presented by
Mr. Paxton.
After discussion Councilmember Breiner moved and Mayor Mulryan seconded, to approve the staff
Summary of Recommendations: That the Certificate of Compliance be approved with modified condi-
tions of approval, That the standards adopted by Planning Commission regarding the Shoreline
Park be referred back to Planning Commission for re -analysis and re -wording, That future applica-
tions concerning projects which have already been required to dedicate portions of the Shoreline
Park be required to retain the Shoreline Park as it exists in present approvals, as a minimum
development standard for any new or revised development application, and, That City staff be
instructed to work with the Bay Area Conservation & Development Commission (BCDC) to further
expedite processing for those parcels covered by the Commission. The motion included approval
of Findings and Conditions of Approval, with amendments to Condition (a), to include dedication
of the levee 'in fee simple', and providing for the dedication simultaneously with development
of the property.
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen & Miskimen
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - CONSIDERATION OF NECESSITY OF ENACTMENT OF A FAIR EVICTION ORDINANCE AND
DISCUSSION OF LANDLORD/TENANT PROBLEMS CA - File 187
Mayor Mulryan declared the public hearing opened.
Council heard from Assistant City Attorney Bullard, who briefed his staff study, and stated that
as a result of the research and analysis he has done it appears that landlord/tenant problems -
including that of just cause eviction - are really a manifestation of the larger, critical
housing shortage problems. He stated that landlord/tenant problems also include large rent
increases, failure to return security deposits, fear of retaliatory eviction, and tenant/tenant
relationships. Mr. Bullard stated that the proposed Fair Eviction Ordinance would be only a
small band-aid to cover what, at this time, resembles a wound. Mr. Bullard thanked Lynn Sedway
for her analysis of the ordinance and related subjects, and also Russ McCubbin, working with
Marin Co. Legal Aid Society for his input. Their reports will become part of the record.
3T9
Council then heard from Lynn Sedway, who stated it has not been possible to obtain actual
numbers of abuses involving unfair evictions. She also stated that conditions in the Canal area
have improved due to Code enforcement, and that she feels that proposed Ordinance would do more
harm than good.
Mildred Vail, president of the Marin County Board of Realtors, spoke in opposition to the
ordinance, stating that the Board feels it would be the first step toward rent control, and
would result in investors and builders going elsewhere.
David Bodis, president of the Tenants & Homeowners Association of Marin, spoke in favor of the
ordinance. He stated he feels the real problem is the lack of an adequate supply of housing.
James Stroupe, stated he feels the ordinance would be the first step toward rent control. He
stated he has not had an eviction problem with his rental units, but rising costs force land-
lords to raise rents accordingly.
Attorney Brent Weller stated he sat on the committee which drafted the ordinance and he agreed
that it needs re -wording, but urged that it not be dropped. Mr. Weller asked that a report he
submitted be included in the record also. The report gives the results of an Apartment Managers'
Survey in the Canal area from August 25 to September 10, 1980. He stated he feels most of the
problems result from a tight housing market.
Wm. A. Lewis, owner of rental property, spoke against the ordinance. Attorney Ed Rockman of the
Legal Aid Society, Harold Barling and Harry Schiller spoke in favor of the passage. Attorney
Dan Cahill stated he agrees with Mr. Bullard that the problem is the lack of housing, and urged
that the ordinance not be passed. Jody Becker of Mediation Services of Marin County stated she
will be happy to help by providing any information requested.
There being no further input, the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to direct staff
to stop further work on the Ordinance at this time, and concentrate their efforts on the Housing
Element.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner asked that Assistant City Attorney be directed to explore the legality of
an Ordinance prohibiting exclusion of families with children from rental complexes. Council
requested that Mr. Bullard report back to the Council on November 17th with the results of his
findings.
(Councilmember Miskimen left meeting)
9. PUBLIC HEARING - REZONING (Z80-11) 226 MAGNOLIA AVENUE, ROBERT & PEGGY BELL, OWNERS, FROM:
R -1-B-2 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 10,000 SQUARE FEET DISTRICT,
n -1-D-
- File
L
Mayor Mulryan declared the public hearing opened.
declared closed.
DISTRICT
There being no input, the public hearing was
Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
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 R -1-B-2 (Single Family Residential, Minimum Building Site Area 10,000 Square Feet)
District, to R -1-B-3 (Single Family Residential, Minimum Building Site Area 20,000 Square Feet)
District (226 Magnolia Avenue, San Rafael), and numbering Charter Ordinance No. 1382, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - SR80-10, ADJUSTMENT TO PERMIT RELOCATION
OF EXISTING ILLEGAL ROOF SIGN TO FREEWAY WALL, CREATIVE MERCHANDISERS, 785 ANDERSEN DRIVE,
BENJAMIN WINSLOW ET AL, OWNERS, BRYAN McCARTHY, REP., AP 18-012-09 P1 - File 10-11
Mayor Mulryan declared the public hearing opened.
Council reviewed a staff report which indicated that the sign in question, which is on the roof
of Creative Merchandisers, is not in conformance with the sign program which was established for
the 'Graham Center'. Staff's recommendation is that the Planning Commission be upheld and that
the sign not be permitted to remain, with the findings that the proposed adjustment to a sign
program is inconsistent with the purpose of the sign ordinance because it will encourage diverse
uncoordinated signing.
Attorney Bryan McCarthy, representing the appellant, stated that in July of this year the
Planning Commission approved the permit to relocate the existing roof sign, and reversed their
decision in September. He stated that because of the location of the building a roof sign is
necessary, and showed the Council photographs of "illegal" signs in the area.
There being no further public input, the public hearing was declared closed.
Councilmember Breiner moved and Councilmember Nixon seconded, to continue the matter for sixty
days - to the January 5, 1981 meeting. Planning Commissioners Smith and Lund will be asked to
work with the business people at 'Graham Center' regarding the various signs. Meanwhile, the
roof sign at Creative Merchandisers may remain.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
11. PUBLIC HEARING - APPEAL OF UNIFORM BUILDING CODE REQUIREMENT - 1099 "D" STREET (PW) - File 1-6-1
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was declared closed.
Mayor Mulryan was informed by staff that the appeal was withdrawn since the matter had been
resolved. The owner has agreed to install guard rails in front of the glass windows as required.
12. CONTINUED DISCUSSION OF ENCROACHMENT PERMIT REQUEST - NEWSPAPER RACKS (PW/CA) - File 2-11
13.
Council approved staff recommendation that a newsrack ordinance not be adopted at this time, and
that encroachment permits shall be issued, with conditions regarding the manner of placement
and agreement to satisfy the concerns in the Downtown area. The staff of the publication
Eastbay Today is in agreement with the City on the matter.
UEST FOR AUTHORIZATION TO AWARD BID TO THE NEXT LOWEST BIDDER - CUSTODIAL MAINTENANCE
VICES FOR SHORT AND DON TIMOTEO SCHOOLS CHILD CARE CENTERS (REC) - File—T--3--78
Council
ile -3-
Council reviewed a staff report from Recreation Director Jauch, in which he recommended award of
bid to the second low bidder, Pronto Building Maintenance, at $26,586. The low bidder, Discount
Building, was unable to meet the bonding and insurance requirements. Mr. Jauch pointed out
that the Marin County Office of Education will be paying half of all custodial expenses at the
Short Day Care Center. Of the $26,586, the City will only be paying $15,336.
RESOLUTION NO. 6025 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Pronto Building Maintenance, for bid of $26,586)
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
14. REPORT RE CSA 19 CONTRACT NEGOTIATIONS (FD) - File 4-13-37
Councilmember Breiner reported that she and Councilmember Miskimen will meet with the County on
Wednesday, November 4th. She mentioned that the item will probably go on the March 1981 ballot
to cover added costs.
15. RESCHEDULING OF JOINT CITY COUNCIL/PLANNING COMMISSION TRANSPORTATION WORKSHOP CM -
File 9-3-40 x 9-2-6 Verbal
Council agreed, after discussion, to hold a joint workshop with Planning Commission members on
Transportation Issues, at 5:00 PM on Monday, November 10, 1980.
16. RECOMMENDATIONS RE MODIFICATIONS OF CITY COUNCIL POLICY WITHIN THE NORTHGATE ACTIVITY CENTER
PLAN AREA P1 - File 10-2
a. Fairchild Semiconductor Plant Addition, 4300 Redwood Highway
Council considered a staff report, giving the Planning Commission's recommendation that the
Fairchild Semiconductor request for an exemption from the Northgate Activity Center Plan
'moratorium' in order to construct a 24,000 square foot addition to the plant be granted.
The Planning Commission had conditionally approved the applications for ED/UP contingent
upon Council's verification of the project's exemption. The addition would result in only
ten additional employees.
Douglas Colbert, president of the Council of Presidents of homeowners' associations, urged
that the Council not approve this or any other development until the Northgate Activity
Center Plan is completed.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to approve the
staff recommendation for an exemption from the Northgate Activity Center Plan 'moratorium' to
permit Fairchild Semiconductor to proceed with their 24,000 square foot addition.
381
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
b. "Meadow Oaks", 54 San Pablo Avenue, Henry Scettrini, Jr., et al, owners, Dick Dorr,
McKeon Construction Co., Rep., AP 179-321-08 & 11, & 179-311-21
Deferred to meeting of November 17, 1980, due to lateness of the hour, and the fact that
the public wished to discuss this at length.
17. INITIATION OF REZONING OF DOMINICAN COLLEGE PROPERTY AT HIGHLAND AND DEER PARK AVENUES FROM R-1
TO "U" P1 - File 9-2-6
Councilmember Jensen moved and Councilmember Nixon seconded, to refer this item to the Planning
Commission.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
18. REPORT ON NEEDS ASSESSMENT WITHIN THE CANAL AREA, CONDUCTED BY SAN FRANCISCO FOUNDATION
Rec --File 194
Council accepted a staff report from Recreation Director Jauch, indicating the San Francisco
Foundation has been working for the past month on a needs assessment of the Canal Community.
This was an information only report, with no action required.
ADD ITEM:
PROCLAMATION - File 102
Mayor Mulryan read a proclamation on behalf of the United Way's 1980 Campaign.
19. EXECUTIVE SESSION
Council then adjourned to Executive Session to discuss pending litigation.
UEATTNE M. LE ONC I N , City Clerk
APPROVED THIS /M DAY OF , 1980
PYOROF THE CITY OF SA �RA�A�
*** *** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, November 10, 1980, at 5:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk
RE: REPORT ON CONTRACT NEGOTIATIONS - CSA 19 - File 4-13-37
City Manager Beyer stated that the basic issue that came out of the meeting recently held with
the County was the issue of whether or not to take the funding for CSA 19 to the voters at an
election in March 1981. Ballot wording for such a measure would have to be submitted by the
County to the Elections Department by November 14, 1980.
Mr. Beyer discussed the advantages and disadvantages of both a one-year agreement and a four-
year agreement, given the current financial structure for the District. Another meeting has
been scheduled between the County and the City for Wednesday, November 12, 1980, starting at
7:00 AM, to discuss the subject further.
Mayor Mulryan commented that now seems to be the proper time to go out to an election to assure
an adequate amount of money to fund the services and to insure uninterrupted service.
382
A lengthy discussion of the funding mechanism followed, during which Chief Marcucci pointed
out that a good rationale for the 12% increase in costs is due to the fact that the City is
now providing fire assistance for the China Camp State Park area within CSA 19.
Following discussion, Council unanimously agreed to request that the County place a measure
on the ballot for the March 1981 Election for CSA 19 funding.
Council adjourned to a special workshop meeting to follow immediately, jointly with the
Planning Commission on transportation matters.
R NE M. LEONCINI, City Clerk
APPROVED THIS / f� DAY OF 1980
AYOR OF THE CITY OF AN R AEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 10, 1980, at 5:15 PM.
Special Joint Meeting:
San Rafael City Council &
San Rafael Planning Commission
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Present: John A. Starkweather, Chairman
Albert J. Boro, Commissioner
Cecilia B. Bridges, Commissioner
John Galbraith, Commissioner
Richard M. Norman, Commissioner
Michael Smith, Commissioner
Absent: Jack G. Nixon, Councilmember
Clifford S. Lund, Commissioner
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk
RE: TRANSPORTATION WORKSHOP (PW/P1) - File 11-1 x 9-3-40
Acting Director of Public Works Bernardi opened the meeting with the statement that the purpose
of the workshop is to attempt to find a solution to the traffic problems, and that staff will be
asking for direction after presenting their concept of a Transportation System Management (TSM)
program.
Traffic Engineer Gerth gave a presentation, stating that the TSM concept is that the solution to
traffic conditions is not necessarily building more roads and doing things which are costly, but
to make transportation systems more efficient by increasing the number of people rather than
vehicles. It is aimed at people moving rather than vehicle moving, "People Capacity vs Vehicle
Capacity". A successful TSM program requires a considerable amount of inter -agency cooperation,
between Caltrans, Golden Gate Bridge District, Marin Transit and the City of San Rafael.
One phase of the TSM program is TOPICS (Transportation Operation Program to Improve Capacity for
Safety), which includes widening of intersections, signalization, and improving roadways to
increase capacity.
Other phases of TSM are preferential treatment of HOV lanes, and HOV lane access, and encourage-
ment of use of public transportation by building conveniently located bus stops and shelters.
Another method of alleviating peak traffic loads is staggering of working hours, which has been
very successful in a number of the larger business establishments in this area, including
Fireman's Fund.
Mr. Gerth was asked about the success of the trial program for free commuter parking at the
Fifth & C Parking Lot. He stated that the usage is very light, and Councilmember Breiner asked
that the program be advertised again before a decision is made to cancel it.
Mayor Mul ryan inquired about use of Golden Gate Transit buses during the day when they are not
being used for commuters, for elderly people making local trips throughout the area. Mr. Gerth
replied that Golden Gate Transit has looked into this, and insurance requirements and franchises
would make such a program prohibitive.
383
Senior Planner Art Brook spoke of various programs in use throughout the area including van
pooling, flex time and car pooling. He stated that at Fairchild, for instance, over 50% of
their employees car pool, resulting in considerable lessening of traffic, and less need for
parking. In connection with the Quail Hill expansion, Commissioner Smith suggested a subsidy
for local transit for formation of a major bus stop. Mr. Brook stated that will be in the Quail
Hill proposal.
Mr. Gerth pointed out that the DKS Report recommends that the City take employee parking out of
the downtown area and change the fringe residential parking to ten-hour meters. Commissioner
Boro mentioned that stickers could be provided to residents so they could park in front of their
own residences without penalty.
Mr. Gerth also mentioned that developers are being asked to help with the traffic problem by
coming up with alternatives to help relieve potential congestion.
Councilmember Breiner, who is a member of the Chamber of Commerce Task Force, stated they are
studying the use of TSM measures for the downtown area. Mr. Gerth also mentioned that Pat
Tyrell -Smith, President of the Chamber of Commerce, is working on an Issues Paper to be brought
before the Council for endorsement.
Councilmember Jensen pointed out that all cities have some traffic congestion and that he has
not heard many complaints about downtown traffic congestion.
Councilmember Miskimen stated he feels the City is not charging enough for parking and that the
idea of a 5¢ shoppers' shuttle should be pursued.
(Councilmember Jensen left meeting)
Planning Commission Chairman Starkweather discussed locating parking away from the downtown
area, and mentioned possible use of Horgan's Transmission property and the adjacent Gem Auto
property as a parking lot. Also, Commissioner Smith brought up use of the Short School site for
parking, with these areas to be tied in with use of a shoppers' shuttle.
After further discussion of transportation problems and possible solutions, Councilmember
Breiner moved and Councilmember Miskimen seconded, that Council review the possibility of
flexible hours for City employees, and asked that staff look into the matter and make a formal
presentation to the Council for a decision. Also, that the Traffic Engineer make a recommenda-
tion on the issue of the downtown parking meters regarding one-hour, two-hour and ten-hour
meters in certain areas.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
Councilmember Breiner suggested allowing City employees to take City cars home to be used for
car pools. Mayor Mulryan stated he had a problem with this. Mr. Gerth suggested that a trial
period could be set up, using three or four car pools, however, no decision was made.
Council adjourned to their next meeting on November 17, 1980.
J A' M. LEONCIN , City Clerk
APPROVED THIS /'' DAY OF 1980
C -
MAYOR OF THE CITY OF SA RAF L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 17, 1980, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Meeting
of October 28, and Special and
Regular Meetings of November 3, 1980
(CC)
3. Applications for Technical Advisory
Committee to Cultural Affairs Com-
mission (CC) - File 9-2-24
4. Request for Waiver of Insurance
Requirement and Rental Fee, San Rafael
Community Center, for San Rafael City
Employees' Social Organization (Rec) -
File 7-8 x 9-3-65
AYES: COUNCILMEMBERS: Breiner, Miskimen,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Recommended Action
Approved as submitted.
Approved staff recommendation to extend
application period for an additional 30
days.
Approved staff recommendation to waive
insurance requirement and rental fee.
Association will pay for building
attendant.
Nixon & Acting Mayor Jensen
2. APPLICATIONS FOR CITIZENS' ADVISORY COMMITTEE ON ENERGY (CC) - File 9-2-34
Council reviewed a staff report, with applications from Etta Allen, Eugene R. Carlomagno, Peter
C. Holmstrom, Jean L. Kay, and Thomas B. Obletz. Council agreed that all applicants appeared to
be well qualified.
Council then read a letter from PG&E, requesting consideration of an application after the
deadline, from Charles R. Barber of PG&E.
Acting Mayor Jensen then informed the Council that a call had been received from the Builders'
Exchange requesting that the period for receipt of applications be extended so that Samuel
Natelson of Solartherm Corp. could submit an application.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to allow the
late applications to be considered, and to close the application period with the seven
received and consider them on the next meeting night.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Nixon then moved and Councilmember Miskimen seconded, to appoint all seven appli-
cants at this time, without interviewing.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
5. PUBLIC HEARING - CITY COUNCIL CONSIDERATION ON PROCESSING APPLICATION FOR "MEADOW OAKS",
54 SAN PABLO AVENUE, HENRY SCETTRINI, JR. ET AL, OWNERS, DICK DORR, McKEON CONSTRUCTION CO.,
REP., AP 179-321-08 & 11, & 179-311-21, PRIOR TO COMPLETION OF NORTHGATE ACTIVITY CENTER PLAN
CPT- File 10-6
Acting Mayor Jensen declared the public hearing opened.
Acting Mayor Jensen inquired if the applicant or the public would prefer to continue the public
hearing since there is only a four -member Council present. Applicant Dick Dorr stated he would
prefer the hearing to be held, and there was no response from the public.
Community Development Director Meador summarized the history of the project, a proposed 117
unit development of which 12 units would be for low and moderate income housing, located just
south of the Marin County Civic Center at 54 San Pablo Avenue. In February 1980 the City Council
had acted affirmatively on a staff recommendation that the project be allowed to go through the
application process, the Planning Commission is now recommending that it would be inappropriate
to act on the Meadow Oaks project without having the Northgate Activity Center Plan to provide
the basis for equitable treatment of all projects.
It is staff's contention that the immediate traffic problem will not worsen by this development
application, and that the development should stand on its own merit.
Attorney Albert Bianchi, representing the developers, stated that when the affirmative action was
taken by the City Council on February 4, 1980, neither Councilmember Miskimen nor representatives
of McKeon Construction were present. He stated that, relying on the decision of the Council on
that date, they had proceeded with their plans, and that the real issue is whether or not the
applicant can in good faith rely on the word of the City Council. He stated they had expended in
excess of $75,000 thus far.
385
Council then heard from Mrs. Patricia Moezzi of 10 Portola Avenue, speaking against the develop-
ment for traffic and asthetic reasons. Acting Mayor Jensen reminded her that the purpose of the
meeting is to decide whether to allow the development an exemption from the Northgate Activity
Center Plan moratorium, and the Council could not digress from that subject. Mrs. Moezzi then
presented a petition signed by 547 individuals who are opposed to the Meadow Oaks development.
Dick Dorr, representing McKeon Construction, outlined their actions taken since June of 1978
when they started working with staff on the project. He urged favorable consideration of the
appeal.
There being no further public input, the public hearing was closed.
Councilmember Miskimen expressed his intention to uphold the Planning Commission's recommenda-
tion that the exemption from the moratorium not be granted. Since he was not present at the
February 4, 1980 meeting, he had not voted on the project as had the other members of the
Council.
After further discussion Councilmember Breiner moved and Acting Mayor Jensen seconded, to allow
the application to be processed, with the stipulation that the Council is not giving the stamp
of approval but have no choice but to let the processing proceed.
AYES: COUNCILMEMBERS: Breiner, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Breiner remarked that it would be much better if this had never happened.
Councilmember Nixon stated that possibly the Council had erred in the action taken in February.
Acting Planning Director Moore informed the Council that an issues paper will be widely dis-
tributed and discussed and will be used by the Planning Commission. There are some very big
policy issues to be resolved. Councilmember Nixon asked how soon the matter will go back to
the Planning Commission, and Ms. Moore stated it would propably be December 9th.
6. PUBLIC HEARING - RECOMMENDATION RE PROCESSING USE PERMIT FOR SCHOOL - DOCTORAL TRAINING
PROGRAM IN DON TIMOTEO SCHOOL, 39 TRELLIS DRIVE, DIXIE SCHOOL DISTRICT, OWNER, E. THOMASON,
REP., AP 175-060-01 P1 - File 10-5
Acting Mayor Jensen declared the public hearing opened.
Acting Mayor Jensen stated that the purpose of this hearing is to determine whether the use
permit for this activity be processed prior to completion of the Northgate Activity Center Plan,
as recommended by the Planning Commission. The question of local traffic is a separate and
distinct question and will not be addressed this evening.
Council heard from nearby residents, who stated that the facility is already operating and
is generating considerable local traffic. Dr. E. Tom Thomason, Dean of the Graduate School,
gave the figures he has compiled on local traffic, and stated that carpooling is being en-
couraged. In the discussion it developed that the school is operating with a temporary
conditional Use Permit, which was issued with the condition that a valid Use Permit be
effective only after approval by Council.
There being no further input, the public hearing was closed.
After further discussion Councilmember Nixon moved and Councilmember Breiner seconded, to
refer the matter back to the Planning Commission with recommendation that they may wish to
reconsider their approval.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
A resident asked if the school could continue operating in the meantime, and Acting Planning
Director Moore replied that the Code Enforcement Officer will take action to suspend the
activities pending a determination regarding the Use Permit and exemption from the Northgate
Activity Center Plan.
(Councilmember Miskimen left meeting)
7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED78-114, STAFF LANDSCAPING
DECISION, OFFICE COMPLEX, 523 FOURTH STREET & 914 IRWIN STREET, HUT PROPERTIES, OWNER,
ROLAND D. HELLMAN, REP., AP 14-123-27 P1 - File 10-6 R-71
Acting Mayor Jensen declared the public hearing opened.
Acting Planning Director Moore briefed the Council regarding the four Liquidamber trees on the
Irwin Street side of the HUT property. There are seven Liquidambers on the Fourth Street side,
which does not have the restriction imposed on Irwin Street. As the entrance to the City of
San Rafael, the Planning Commission is requiring planting of Linden trees on both sides of
Irwin Street. The Linden trees were specified by Planning, and the developer disregarded the
requirement and planted the Liquidamber.
Mr. Hellman stated he felt the Liquidamber was a much more suitable tree, and pointed out that
the trees in question are in 24" boxes. Mr. Harold Lezzeni, designer for the project, stated
that Landscape Architect Henry Cole had recommended the Liquidamber.
Councilmember Breiner stated that it would be setting a precedent to allow developers to
disregard requirements when they were aware of them.
There followed a discussion of whether the City would replace the trees with Linden trees
and use the Liquidamber elsewhere in the City, and in that case would they use 15 gallon cans or
24" boxes. Mr. Hellman felt that if trees are replaced they should be the same size and quality
as the ones he has had planted.
There being no further public input, the public hearing was closed.
After discussion it was agreed to continue the public hearing to the December 1, 1980 meeting,
and that in the meantime City Manager Beyer and Mr. Hellman will meet and attempt to work out a
compromise.
(Councilmember Miskimen returned)
8. PUBLIC HEARING - REZONING Z80-8) - 1004 NORTHGATE DRIVE, GENERAL INVESTMENT FUNDS REAL ESTATE
HOLDING CO., OWNERS, ROBERT G. SARNOFF, REP., FROM P -C PLANNED COMMUNITY DISTRICT, TO P -C
PLANNED COMMUNITY DISTRICT, AP 178-240-18 P1 - File 10-3 x 9-2-6
Acting Mayor Jensen declared the public hearing opened. There being no public input, the
public hearing was closed.
(Councilmember Nixon left meeting)
Acting Planning Director Moore informed the Council that the purpose of the rezoning is to
permit the development of a savings and loan branch bank on the northeast corner of Northgate
Drive and Freitas Parkway, which was previously developed with a service station.
Councilmember Miskimen moved and Councilmember Breiner seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan
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 P -C (Planned Community) District to P -C (Planned Community) District
(1004 Northgate Drive, San Rafael), and numbering Charter Ordinance No. 1383, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan
9. FINAL ADOPTION - ORDINANCE NO. 1382 - 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
CHARTER ORDINANCE NO. 1382 - 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 R -1-B-2 (Single Family Residential, Minimum Building Site 10,000 Square Feet)
District, to R -1-B-3 (Single Family Residential, Minimum Building Site Area 20,000 Square
Feet) District (226 Magnolia Avenue, San Rafael), was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan
(Councilmember Nixon returned to meeting)
10. RESOLUTION AWARDING CONTRACT FOR OTS TRAFFIC MANAGEMENT INFORMATION SYSTEM (Pb) - File 4-10-129
Council reviewed staff reports from Police Chief Benaderet and Finance Director Coleman,
regarding award of bid for a mini computer which would be partially funded by an Office of
Traffic Safety (OTS) grant. A consultant was hired to assist staff in the selection of a
proper vendor to complete the project. Alternatives #1 and #2 were presented to the Council
for consideration. Alternative #2 of the plan would result in the City only having to spend
$2,484 to completely own the recommended mini computer, and the amount would not need to be
financed, therefore saving interest costs. Under this plan the City would have to increase
the Police Department temporary clerical personnel account by approximately $12,302, however,
the Department would be able to use the assigned data entry person however it saw fit as the
grant would not be paying for the person, resulting in a more flexible arrangement.
Staff recommended that the bid be awarded to Microdata Corporation, who submitted the most
reasonable bid.
387
Staff indicated that the system might be expanded to other departments such as Finance, at a
later date.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to adopt
a Resolution awarding the bid to Microdata Corporation.
RESOLUTION NO. 6026 - AWARDING OF BID FOR PURCHASE OF MINI COMPUTER FOR OFFICE OF TRAFFIC
SAFETY GRANT (Bid amount $54,786.10 - Microdata Corporation)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Nixon then moved and Councilmember Breiner seconded, to adopt Resolution
Alternative #2 and give staff the authority to adjust the present grant budget to conform, and
resubmit to the Office of Traffic Safety.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Breiner moved and Councilmember Miskimen seconded, to authorize $14,786 to
implement the grant and purchase the computer.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ADD ITEMS
I FUNDS FOR MARIN CITIZENS FOR ENERGY - File 180
Council granted Councilmember Breiner, at her request, permission to write the State requesting
funds for Marin Citizens for Energy, who are applying for a State Grant through the State
Commission on Energy.
II CSA 19 MATTER - File 4-13-37
Councilmember Breiner reported to the Council regarding CSA 19. It appears that this item will
be on the November 1981 ballot. Staff was requested to attend the Board of Supervisors meeting
on Tuesday, November 18, 1980, when the subject would be discussed.
an.ini IPNMFNT
Council adjourned, with their condolences, in memory of Arthur C. Wheeler, father of City Clerk
Jeanne M. Leoncini. Mr. Wheeler passed away on November 12, 1980.
E M. LEONCI I, City Clerk
APPROVED THIS / 11�— DAY OF 1980
OF SAN RAF
In the Council Chambers of the City of San Rafael, Monday, November 24, 1980 at 8:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
388
RE: PUBLIC HEARING ON PEACOCK GAP NEIGHBORHOOD PLAN (Pl) - File 166
Mayor Mulryan declared the public hearing opened, and announced that this would be a workshop
meeting in order to obtain more detailed information about the Peacock Gap Neighborhood Plan
to enable the Council to make intelligent decisions. Mayor Mulryan also stated that Council -
member Miskimen's absence is due to a possible conflict of interest. There will be no final
conclusions at this meeting, but another meeting will be scheduled at the end of this one.
Acting Planning Director Moore introduced Consultant John Roberto, who briefed the Council
on the goals and objectives of the Plan, and how they arrived at their conclusions. Their
approach was to work with the community and the landowners to develop a neighborhood plan,
using the San Rafael General Plan as a framework. In the meetings with the homeowners and
landowners the matters always in mind were maintaining a high quality residential environment
for existing and future residents, reduction of traffic impacts on roads within Peacock Gap as
well as San Pedro Road, and protecting the unique environmental qualities of the area. Also
discussed were providing public utilities and services for the residents of the area.
Mr. Roberto and Ms. Moore then briefed the Council on the various techniques used, such as
densities being controlled by geologically unsound areas, contour of the various parcels, 125
foot limit regarding ridgelines, high view and wildlife areas, routing of traffic throughout
the area. They went through the Plan parcel by parcel, explaining the reasons for the recom-
mendations submitted.
Mr. John Shook of 216 San Marino Drive asked that the Council keep the residents of San Marino
Drive and San Marino Court in mind when making decisions on Parcel 5 (Stuart R. Dole, Trustee).
Mr. Frank Pulice asked for a maximum density of at least 40 units, even though they had asked
for 47 units. He stated that if his proposal for Parcel 5 is acceptable he will suspend
processing of his application to the County for annexation.
Mr. Robert Parker of 8 San Marino Court stated that a majority of the residents on San Marino
Court had met with Ms. Moore, the Local Agency Formation Commission and Mr. Pulice and had
signed a petition requesting that they be annexed to the City.
Mr. Robert Winckler of the Peacock Gap Homewoners Association stated that they do want develop-
ment, but do not want some of the densities proposed in the Plan. He urged that the Council
include Parcel 8, the quarry, in the decision on densities. He also expressed his concern
regarding the impact of the proposed development on Pt. San Pedro Road traffic.
Mr. Bud McKean of 181 Biscayne Drive spoke regarding the traffic circulation on Biscayne Drive,
and asked that the Council keep them in mind when deciding on traffic patterns throughout
Peacock Gap. He stated that the traffic on Biscayne is already heavy, and that many of the
townhouses have bedrooms fronting on the street.
Mr. Peter Hunt, representing New York -California Industrial Corporation, owners of Parcels 2 and
6, spoke of the densities on the two parcels, and the locations proposed for the units on both
parcels. Mr. Hunt stated that if they do transfer units from Parcel 2 to Parcel 6 they will
mitigate traffic impact on Parcel 2. He then mentioned that New York -Cal is the only developer
being asked to provide less than market value units.
Mr. Joseph Ostrow of 70 San Marino Drive stated that he feels there should be affordable
housing in the plan, but what is objectionable to most of the residents is the proposal that
virtually doubles the density where low market rate units are involved. He stated he would like
to see any density bonus on Parcel 6 lowered and have dispersal of the low income housing to
other parcels which will have condominiums on them.
Mr. Richard Guarascio of Murphy/Pulice stated that if 86 units are approved for Parcel 6 the
environment is not large enough to accommodate the additional 40 units (in Parcel 5).
Mr. Ivan Glover, representing American Savings & Loan (Parcel 1), stated he is concerned about
the proposed park, since some of the most valuable lots are included in the proposed park area.
He stated that he will respect the integrity of the site.
Mr. Jack Ryan of 78 McNear Drive stated that the homeowners on the top of McNear Drive have
suggested making it a cul-de-sac and putting three houses in that area.
There being no further public input, the public hearing was continued to December 1, 1980.
(JEANNE M. LEONCI I, City Clerk
APPROVED THIS i5' DAY OF 1980
MAYOR�OFHE CITY OF SAN RAFA L
*** *** *** *** *** *** *** ***
389
In Room 201 of the San Rafael City Hall, Monday, December 1, 1980, at 7.00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
RE: RECONVENED COOK APPEAL HEARING - File 9-2-12A
Council considered two suggested findings by City Attorney Duggan. Robert Levy, attorney for
the City, spoke briefly concerning the exhibits. It was pointed out by City Manager Beyer that
William Sortor, attorney for Officer James A. Cook, who was not present, had been legally
notified of the meeting.
After discussion, Councilmember Breiner moved and Councilmember Jensen seconded, to approve
Finding No. 1 as follows:
After reviewing the exhibits, the Council finds that nothing therein is found to
change the Council's October 18, 1980 decision which upheld the action of the
Board of Review on July 8, 1980.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
E M. LEONCINI, City Clerk
APPROVED THIS /,S `2 DAY OF , 1980
MAYO�OF THE CITY OFSAN RA AEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, December 1, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
Mr. Pat Tyrell -Smith, President of the Greater San Rafael Chamber of Commerce, thanked the City
staff for their cooperation and assistance in the Parade of Lights which started the 1980 Christmas
season in downtown San Rafael. Mr. Tyrell -Smith particularly mentioned Acting Director of Public
Works Dave Bernardi, Fire Chief Bob Marcucci, Police Chief Frank Benaderet, and Lloyd Strom of
Public Works Engineering, who worked on the planning and installation of the holiday lights which
added much to the event, held on Friday, November 28, 1980. (File 119 x 102)
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Meeting
& Special Joint Meeting, November 10,
and Regular Meeting November 17, 1980
(CC)
2. Extension of Time for Completion of
Improvements - Northgate East, Phase 3
(PW) - File 5-1-220
Recommended Action
Approved as submitted.
RESOLUTION NO. 6027 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENTS, NORTHGATE EAST
DEVELOPMENT, PHASE 3 (To & including
December 3, 1981)
390
3. Conveyance of Sewage Pump Station Par-
cels to the San Rafael Sanitation
District (PW) - File 6-14 x 6-22
4. License Agreements for Landscaping
at Peacock Dr. & Pt. San Pedro Rd.
(PW) - File 4-10-148
5. Purchase of Two Vehicles for Library
Outreach Program (CM) - File 4-2-157
RESOLUTION NO. 6028 - AUTHORIZING THE
SIGNING OF A GRANT DEED FOR CONVEYANCE
OF THREE SEWAGE PUMP STATION PARCELS TO
THE SAN RAFAEL SANITATION DISTRICT
(1 from Francisco Blvd. Assmt. Dist.,
2 from E. San Rafael Drainage Assmt.
Dist. #1)
RESOLUTION NO. 6029 - AUTHORIZING
SIGNING OF LICENSE AGREEMENTS FOR
INSTALLATION OF LANDSCAPE IMPROVE-
MENTS AT ENTRANCE OF PEACOCK DR. AT
PT. SAN PEDRO RD., MARIN BAY IMPROVE-
MENT DIST. NO. 2 (W/Birte Lunding,
4 Peacock Dr., & Virginia Algeo,
3 Peacock Lane)
Authorized solicitation of public
bids for purchase. Funds to come
from grant monies awarded by SF
Foundation ($11,000).
7. Report on Enforcement of Gasoline Accepted report. Ordinance No. 1368
Price Posting and Newly Enacted State to be repealed at early date, since it
Legislation on the Matter (CD) - has been superseded by State legis -
File 125 lation.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. REQUEST FROM SAN RAFAEL GOLDENAIRES RE: LEASING OF ROOM #1 AT THE SAN RAFAEL COMMUNITY CENTER
Rec - File 4-10-149 x 123
Council reviewed a staff report from Recreation Director Jauch, recommending that the San Rafael
Goldenaires senior citizen group be allowed to lease Room 1 at the San Rafael Community Center
for $250 per month, in compliance with their request. The clubroom is presently vacant due to
moving the preschool programs to Short Elementary School. The Goldenaires' present office in
the Community Center has become too small for their use.
Councilmember Breiner asked that the Seniors be encouraged to rent the rooms at Falkirk to help
defray expenses there.
Councilmember Jensen stated he felt the rent was too high, and Mr. Jauch replied that they
offered to pay the $250, which would assist with maintenance and operation costs, in order to
have a room of their own. The proposed lease agreement runs from January 1 through December 31,
1981.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to approve the
Goldenaires' lease as recommended.
RESOLUTION NO. 6030 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With San Rafael
Goldenaires to lease Room 1 at the San Rafael Community Center @ $250/
Month, for period January 1 through December 31, 1981)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskemen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED78-114, STAFF LANDSCAPING DECISION,
OFFICE COMPLEX, 523 FOURTH STREET & 914 IRWIN STREET, HUT PROPERTIES, OWNER, ROLAND D. HELLMAN,
REP., AP 14-123-27 CM - File 10-6 R-71
Mayor Mulryan declared the public hearing opened.
City Manager Beyer reported that he had met with a representative of HUT Properties and reviewed
the past actions. They are now at an impasse, unable to reach an agreement. Mr. Beyer pointed
out that the trees in question must include the two trees in font of the Turrini property on
Irwin Street, and that if the Council decides to move the trees it would of necessity include
the Turrini trees. Mr. Hellman wishes to keep the Liquidambar trees, and is not interested in
the City furnishing comparable Linden trees for the area.
Council then heard from Harold Lezzeni, representing both Angelo Turrini and HUT Properties. He
stated that Mr. Turrini does not want the Liquidambar trees moved and will not make an exchange
for Linden. Mr. Lezzini pointed out that originally the plans called for Carob trees, as
recommended by landscape architect Henry Cole, but that they were not available, and the next
choice was Liquidambar, which is on the approved list for City trees. He stated that in May of
1980 he received a corrected landscape plan with the trees changed from Carob to Linden.
Mayor Mulryan reminded the developers that the taxpayers have contributed toward this project,
and he felt their attitude toward the trees was not right.
391
Mr. Lezzeni pointed out that Planning had a meeting with Scott -McCall and the French Quarter
developers regarding the landscaping, and HUT Properties were not included. Mr. Roland Hellman
of HUT Properties conceded that Redevelopment funds were used toward the project, but stated
that because of various delays their costs are mounting very rapidly. He stated they did not
intentionally flaunt staff's ruling, but that they do feel having the same kind of trees which
are permitted on Third Street and on Fourth should be approved. He also pointed out that there
is a sprinkler system which would undoubtedly be damaged if the City tries to remove the trees.
There being no futher public input, the public hearing was closed.
Councilmember Breiner stated that she feels that plans as approved by the Planning Commission
should be followed closely, and that developers should not be allowed to digress from them.
Councilmember Nixon stated that it is nonproductive to discuss the matter any further, and
moved, with Councilmember Miskimen seconding, that the appeal be upheld and the Liquidambar
trees remain.
AYES: COUNCILMEMBERS: Jensen, Miskemen, & Nixon
NOES: COUNCILMEMBERS: Breiner & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting)
9. PUBLIC HEARING - PEACOCK GAP NEIGHBORHOOD PLAN (Pl) - File 166
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan stated he would like the hearing time kept within an hour, allowing a little less
than one-half hour for residents and developers respectively.
Mr. Frank Pulice, representing the developers of Parcel 5 (Stuart R. Dole, Trustee), urged the
Council to consider the proposed density of 40 for that parcel and repeated his commitment to
suspend processing of their pending application to the County for annexation at such time as the
Council agrees to increase the maximum allowable density. He stated that his proposed density
will not have an adverse affect on San Marino Court and San Marino Drive.
Dr. Jerald Gill, Assistant Superintendent of San Rafael City Schools, stated he supports the
Neighborhood Plan as pertains to allowing 25 units on Parcel 3, owned by the San Rafael School
District, and accepts the roadway through the property. The City Schools also suport the
pocket park which currently exists.
Sue Beittel of the San Rafael Board of Education agreed on the density, and stated that this
property is up for sale at market rate. The bid opening will be December 16, 1980 and the
School District will make a decision at that time if they get appropriate bids.
Mr. Ivan Glover, representing American Savings & Loan, developers of Parcel 1, stated that there
will still be much work to be done after the Council's decision is made. He asked that the
homeowners continue to provide their input. Mr. Glover commended the Council, Planning Commis-
sion and Planning staff on their handling of the Neighborhood Plan.
Mr. Peter Hunt, representing New York - California Industrial Corporation, developers of Parcels
2 and 6, endorsed Mr. Glover's remarks. He stated that the decision made by the Council at this
meeting will not represent the fixed number of units, but will set the maximum densities.
Mr. Tom Gilroy of Basalt stated that the proposed plan deals with the Dillingham Corporation
property (Parcel 8) in an appropriate manner and that many of the values such as the ridgelines
and the marshes are endorsed by Basalt.
Mr. Robert Winckler, representing the Peacock Gap Homeowners Association, stated that the
concerns of the Association are for the total Neighborhood Plan and the buildout of the entire
San Pedro Peninsula re: Traffic, noise, sewage and topography. The Association would like to
see the 125 foot horizontal line for hillsides be incorporated into the plan, to preserve the
ridgelines and the views from the homes below. For flat lots, they favor the 25 foot front and
rear setback, and 10 foot side setback. They would also like the Architectural Review Committee
of the Homeowners Association to work with the developers' architects regarding color and
design, and would like it written into the convenant that at least one-third of the members be
put on their Design Review Committee.
Mr. George MacIntosh of Riviera Drive asked for a lower density on the School District property,
stating that 25 is too high a number. Mary Carpou expressed concern about the brick barn and
the preservation of its architectural integrity since it is one of only three in North America.
She asked that plans for the barn be set aside until further study can be made, since the
present plans for a 15 unit condominium may result in destroying the building as an architectural
treasure. Mrs. Carpou stated that they have now discovered a brick road leading up to the barn.
Mr. Joseph Ostrow of San Marino Drive asked that care be given in allocating the below market or
affordable housing, so that the first houses you see as you enter Peacock Gap will not have a
"low housing" effect. Mr. Ostrow feels that the below market housing should be dispersed
throughout the neighborhood and not concentrated in one area. Pam Carew of Woodside Way asked
that attention be given to traffic control in the area, as did Mitchell Boyd of the Loch Lomond
Homeowners Association. Dave O'Reilly, president of Glenwood Homeowners, stated that they
support the Peacock Gap Homeowners in limiting the amount of traffic on San Pedro Road. Mark
Lassiter of Peacock Drive reminded the Council that they must take into account the traffic
coming from North of San Pedro Road when thinking of the additional traffic on San Pedro Road,
and stated he favors a moratorium on building until the extra lane is added on Highway 101. Bud
McKean of Biscayne Drive asked that the traffic situation on Biscayne be watched closely when
traffic throughout Peacock Gap is being studied, so that Biscayne Drive will not become a
heavily travelled artery.
392
Jim Ring, Architect for the Peacock Gap Homeowners Association, expressed his concern about
visual constraints and stated that numbers of units are more realistic when predicated on topo-
graphy. He urged lower density and more outstanding design.
Fred Kanter of San Marino Drive thanked the Council and staff for their time and effort in
working on the plan. He supported Mr.Winkler's request for the 125 foot horizontal line for
hillsides, and asked the Council to look at the total buildout where traffic is concerned.
Phil Mershwitsky of McNear Drive also expressed his concern regarding traffic.
There being no further public input, the public hearing was closed.
Council then discussed the traffic buildup with Traffic Engineer Gerth. Council agreed that no
development should be permitted above the 125 -ft. level to keep hillsides open, and should
adhere to the 25 -ft. front and rear setbacks and 10 -ft. side setback.
Council weighed the various methods of arriving at densities so they might give staff direction
in preparing the necessary resolution packet for the next meeting on December 15th. Council
then directed the Planning staff to base the resolution package on the Council's overriding
concerns regarding traffic. Council furnished staff with criteria to be utilized in order to
make appropriate findings on densities in the various parcels, using level "C" for traffic on
Pt. San Pedro Road, and no less than level "D" at peak hour traffic for the Irwin Street area.
Council favors allowing 25% density for inclusionary housing. Staff was also directed to
redraft the plan in accordance with the Council's overall concerns.
Mayor Mulryan continued discussion to the meeting of December 15, 1980.
(Councilmember Nixon left meeting)
10. REQUEST FROM MARIN POWER SQUADRON RE DEVELOPMENT OF BUILDING AT BEACH PARK (Rec) -
File 9-2-4 x 12-15
Council reviewed a request from the Marin Power Squadron for permission to build on Beach Park
property for use by their organization, and a staff report from Recreation Director Jauch
recommending that the City not approve the request and citing a number of reasons, among them
the fact that the building would be located on a public reserve area which is the realignment
area for Allardt's Canal, also, the fact that the lot is panhandle shaped and the location of
the proposed building would block access to Francisco Boulevard. Mr. Jauch cited the fact that
there is no policy presently which addresses the leasing of City park lands for private usage
and he recommended that such a policy be addressed.
The suggested alternative would be to investigate the possibility of adding a room onto the San
Rafael Yacht Club, and have the two organizations share the existing facilities. Mr. Joseph
Kohlenstein of the Power Squadron stated that this was not acceptable, and urged favorable
consideration of his proposal.
After discussion, Councilmember Breiner moved and Mayor Mulryan seconded, to deny the request,
and assign the Planning Commission the task of deciding the best use of the Beach Park property.
AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
11. DISCUSSION OF ORDINANCE PROHIBITING DISCRIMINATION AGAINST TENANTS WITH MINOR CHILDREN (CA) -
File 187
Council accepted a report from Assistant City Attorney Bullard, in which he informed them that
there is a California case presently before the State Supreme Court for decision (Marina Pt.,
Ltd., v. Wolfson) which will affect the City's underlying ability to pass such an Ordinance.
Council agreed to defer a decision until the results of the court case are known, probably
before the end of December.
12. REPLACEMENT OF EIGHT POLICE PATROL VEHICLES (CM) - File 4-2-155
After reviewing a staff report from Assistant to the City Manager Barbier, Councilmember Breiner
moved and Councilmember Jensen seconded, to authorize staff to go forward with soliciting public
bids for the purchase of eight police patrol vehicles, to replace high mileage cars during 1981
and early 1982.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
13. FINAL ADOPTION - ORDINANCE NO. 1383 - 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
rFRTATN RFAI PRf1PFRTV FRnM P -r PI ANNFn rnmMIINTTV nTCTPTrT Tn P-( PI ANNFII rnmmIINTTV nTCTPTrT
- bile iu-S X v -z -
CHARTER ORDINANCE NO. 1383 - 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 P -C (Planned Community) District to P -C (Planned Community) District (1004
Northgate Drive) was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
393
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
14. NOTICE TO TERMINATE PEACOCK GAP SCHOOL SITE LEASE (RA) - File 2-9-9
Mr. Robert Winckler of the Peacock Gap Homeowners Association asked the Council to take no
action on this matter until after the Peacock Gap Neighborhood Plan has been approved. His
feeling was that if the City terminated the lease the area would deteriorate with no maintenance.
Council reviewed a staff report by Redevelopment Agency Assistant Executive Director Ward,
stating that the San Rafael School District has notified the City of San Rafael that in con-
sonance with a Lease Agreement dating from August 1976, they request termination of the 20 yr.
Lease Agreement, with the concurrence of the City, effective November 30, 1980. According
to terms of the lease, the District would be obligated to reimburse the City the amount of
$10,263.20. This is because the Agreement provides for the District to reimburse the City for
5% of the total cost of improvement for the remaining 16 years of the Lease. According to the
records in the Public Works Department the City has expended $12,829.00 in improvement costs for
the park. The $10,263.20 represents 80% of the 12,829.00 expended in the improvement work.
Dr. Jerald Gill, Assistant Superintendent of Schools, stated that the reason for requesting the
cancellation of the lease is to provide a clear title, since the property is up for sale with
bids being opened December 16, 1980. Sue Beittel of the Board of Education said the Board felt
they should not reimburse the City in funds, but to consider that the play equipment is worth at
least that much. It later developed in discussion that the Peacock Gap Homeowners had provided
$4,000 toward the playground equipment.
After discussion, it was agreed to continue the matter to the meeting of December 15, 1980, with
Mr. Ward meeting with the School District and attempting to come to an agreement.
15. AGREEMENTS BETWEEN COUNTY SERVICE AREAS 13 AND 19 AND CITY OF SAN RAFAEL RE ADVANCE LIFE SUPPORT
SERVICE FD - File 4-13-56
RESOLUTION NO. 6031 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between County
Service Area 13 and City of San Rafael, relating to Advance Life Support
and Basic Life Support Emergency Ambulance Service (Paramedic Service)
from January 1 through June 30, 1981)
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
RESOLUTION NO. 6032 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between
County Service Area 19 and City of San Rafael, relating to Advance
Life Support and Basic Life Support Emergency Ambulance Service
(Paramedic Service) from January 1 through June 30, 1981)
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
16. DISCUSSION OF FORMATION OF INTERIM BOARD OF DIRECTORS - MARIN CITIZENS' LEAGUE (CM) - File 195
Council agreed that no action should be taken until a full Council is present. Matter deferred
until meeting of December 15, 1980. Meanwhile staff is to study the matter and report back to
Council.
17. CITY MANAGER'S REPORT ON COMMUNITY DEVELOPMENT FUNCTION (CM) - File 7-4 x 9-3-11
Council agreed to defer discussion on this item until a full Council is present, and deferred
the matter until the meeting of December 15, 1980.
18. REPORT ON EMERGENCY REPAIRS TO STORM WATER PUMP STATION ADJACENT TO ROSSI PROPERTY ON EAST
FRANCISCO BLVD. PW - File 9-3-40
Council reviewed and approved a report by Acting Public Works Director Bernardi, concerning
repairs to the drainage facilities on East Francisco Boulevard.
ADD ITEMS
City Attorney Duggan presented a request for suspension of Planning Commissioner Michael Smith.
Council agreed to wait for a full Council for discussion, and deferred the item to the December
15, 1980 meeting. File 9-2-6 x 9-4-2 x 9-3-16
Council accepted the recommendation of Councilmember Breiner, and agreed to oppose the single
fare toll increase for the Golden Gate Bridge, by addressing a letter to the Marin representa-
tive Charles Curley for Mayor Mulryan's signature. File 112-2
394
EXECUTIVE SESSION
Council adjourned to Executive Session to discuss pending litigation.
.O
EA NE M. LEONCIN1, City Clerk
APPROVED THIS 1ST DAY OF 1980
MAYOR OF THE CITY O�IANI
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Wednesday, December 10, 1980, at 8:00 PM.
Special Joint Meeting:
San Rafael City Council,
San Rafael Redevelopment Agency &
San Rafael Planning Commission
Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Present: John A. Starkweather, Commission Chairman
Cecilia B. Bridges, Commissioner
John Galbraith, Commissioner
Richard M. Norman, Commissioner
Michael Smith, Commissioner
Absent: Albert J. Boro, Commissioner
Clifford S. Lund, Commissioner
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary,
Edmund A. Duggan, City Attorney/Agency Attorney
RE: REVIEW OF ALTERNATE ROADWAY PATTERNS - WEST FRANCISCO BOULEVARD AREA -
File 175 SRCC x R-130 SRRA
Mayor Mulryan opened the meeting with the remark the purpose of having a joint meeting was to
explore the major alternatives for West Francisco Boulevard. Consultant Dwight Winther was
then asked to give an overview of what has been accomplished to date on the survey being
conducted by the joint team of Dwight Winther Associates/Royston, Hanamoto, Alley & Abey/Econo-
mic Research Associates.
Mr. Winther, with the use of charts, described the four alternates, and called attention to the
cost figures which were provided for each of the plans. He stated that their goal was to
determine the highest and best land uses for the area, street patterns, and development stan-
dards; and to encourage development by the private sector rather than put the burden of develop-
ment on the Redevelopment Agency.
One factor to be kept in mind is the eventual widening of the freeway, which at that point
includes a 150' take in accordance with the City's Freeway Agreement. Mr. Winther stated that
they have been attempting to lay the groundwork for revising the Freeway Agreement with CALTRANS.
All four of the alternative plans involve extension of Andersen Drive at the rear of the
properties, which is a mitigation measure in the event of loss of frontage due to freeway
widening.
Another problem is drainage, since the water service existing between Lincoln Avenue, Rice Lane
and West Francisco Boulevard is inadequate. The Consultants feel that a 12 -inch line would be
necessary from Lincoln Avenue, and from Bellam Boulevard on the other end of West Francisco
Boulevard.
Mr. Tom Feeney of Ecomomic Research Associates (ERA), the economic consultants on the team,
spoke of allocation of the uses for the area, and stated that on the second phase of the study
they will be conferring commencing Thursday, December 11th, on whether high quality industrial
and office complexes would be the best use, or possibly convenience or neighborhood type
commercial establishments. Commissioner Smith inquired if there was any thought given to
residential units, and Mr. Feeney replied that was not being considered.
395
Lucille Biesbroeck of Royston, Hanamoto, Alley & Abey gave a presentation on the physical
aspects of the area, sight distances from the freeway, from Lincoln Avenue approach and from
Bellam Boulevard, and what might be done in the way of tree planting and building arrangement
to have a coordinated and attractive package.
Mr. Winther then gave a brief comparison of each of the four alternatives, stating that the
first alternative ignores the potential for freeway widening and in event of the widening
businesses would lose parking and landscaping. The second alternative respects the freeway
widening, and would result in a 50 -foot wide strip between the roadway and the freeway which
would remain vacant until the roadway is widened. If the freeway is widened to its full
potential, there is a possibility of the fronts of some of the buildings being affected. In
the third alternative, the City/Agency would acquire railroad right-of-way. Alternative four
did not envision the same interconnect with Lincoln Avenue as the other alternatives.
After discussion, and consideration of the various cost figures Councilmember/Agency Chairman
Nixon moved and Mayor/Agency member Mulryan seconded, to direct the consultants to place
primary emphasis on Alternate 2 in their further studies, with their primary goal to continue
to be the best use of the land.
The motion passed unanimously, between the City Council, Redevelopment Agency, and Planning
Commission, with Commissioners Boro and Lund absent.
The meeting adjourned at 9:40 PM.
JEANN ONCINI, City erk/Agency Secretary
APPROVED THIS 5 DAY OF 19$1
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, December 15, 1980, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
1. CHAMBER OF COMMERCE AWARDS FOR DOWNTOWN WINDOW DECORATING - File 119
Mr. Bob Stave of the Chamber of Commerce, presented awards on behalf of the Chamber of Commerce
for the holiday downtown window decorating. They were: First prize, Mary Strickler's Quilts,
second prize, BG's Boutique, third prize, The Photo Shop, and honorable mention to Diller's
Delicatessen, F. C. Burns Flowers, New Horizons Savings & Loans, Macy's, and Where the Wild
Things Are. The children from Sun Valley School, who had decorated Macy's windows were intro-
duced to the Council by Virgil Birdsall, principal of Sun Valley School.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
3. Resolution Establishing a Deferred Compen-
sation Committee and Appointing Three
Members (Fin) - File 7-4-5
4. Acceptance of Grant from Marin Charitable
Association for Audio -Visual Equipment for
Day Care Centers (Rec) - File 4-10-150
Recommended Action
RESOLUTION NO. 6033 - CREATING A DEFERRED
COMPENSATION COMMITTEE AND APPOINTING THREE
MEMBERS AS AUTHORIZED BY THE DEFERRED
COMPENSATION PLAN (City Manager Robert F.
Beyer, City Clerk Jeanne M. Leoncini,
Finance Director Ransom Coleman)
RESOLUTION NO. 6034 - AUTHORIZING ACCEPT-
ANCE OF A GRANT FROM MARIN CHARITABLE
ASSOCIATION TO PURCHASE AUDIO-VISUAL
EQUIPMENT FOR DAY CARE CENTERS ($2,394)
!Il
5. Approval of Joint
San Rafael School
of Davidson Field
Powers Agreement with
District re Maintenance
(Rec) - File 4-7-19
6. Appeal from Decision of Planning Commis-
sion by Brent Weller et al, TS80-6 &
ED80-60, Spinnaker Point Units 4 & 5
(P1) - File 10-8 x 5-1-263
7. Report on Applications for Technical
Advisory Committee to Cultural Affairs
Commission (CC) - File 9-2-24
8. Report on Membership of Citizens' Advisory
Committee on Energy (CC) - File 9-2-34
9. Claims for Damages: (PW)
a. Clara Backstedt - File 3-1-514
b. Michael Hudson - File 3-1-524
10. Communication re Peacock Gap School Site
Lease (RA) - File 2-9-9
11. Report on Priority Setting Committee -
HCDA Funds (CM) - File 4-13-38
12. Resolution Approving the Application
for Grant Funds under the Solid Waste
Management Act of 1980 (PW) -
File 4-10-151
RESOLUTION NO. 6035 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(Joint Powers Agreement w/San Rafael School
District to Share Maintenance Duties at the
New Multipurpose Field at Davidson School,
cancellable by either party w/60 days' writ-
ten notice)
Set Monday, January 5, 1981, as date for
public hearing.
Approved staff recommendation to extend
application period for an additional
30 days, with wider advertising.
Accepted staff recommendation to adver-
tise vacancy for 30 days.
Approved R. L. Kautz Co. recommendations
for denial.
Accepted staff recommendation that Council
consent to assignment of School District's
beneficial interest in Peacock Gap School
Site Lease to the new purchaser of the
property.
Accepted report indicating that of the
$40,000 of HCDA funds which were in contin-
gency reserve, $30,000 is being recommended
from Local Area Committee to the Priority
Setting Committee for preservation of
Hartzell School site for affordable housing,
$5,010 for Head Start, and $5,000 for
Golden Hinde Project for Senior Citizens.
RESOLUTION NO. 6036 - APPROVING THE APPLI-
CATION FOR GRANT FUNDS UNDER THE SOLID
WASTE MANAGEMENT ACT OF 1980 (For purchase
of trash receptacles & signs)
AYES: COUNCILMEMBERS: Breiner, Jensen Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. APPROVAL OF MINUTES OF SPECIAL MEETING OF NOVEMBER 24, AND SPECIAL AND REGULAR MEETING OF
DECEMBER 1, 1980 CC - File 1-4
Mayor Mulryan requested an amendment to Item 9, minutes of the regular meeting of December 1,
1980, Public Hearing - Peacock Gap Neighborhood Plan, to revise the last sentence to read,
"Mayor Mulryan continued discussion to the meeting of December 15, 1980."
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the amendment to the
minutes of December 1, 1980 regular meeting, and to approve the minutes of the special meetings
of November 24 and December 1, 1980, as submitted.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting, due to possible conflict
of interest in the next item of business)
13. PEACOCK GAP NEIGHBORHOOD PLAN - CONTINUED HEARING (P1) - File 166
Mayor Mulryan stated that the Council had concluded the public hearing portion of this matter at
the December 1st meeting, and that it is now time for the Council to make decisions on the
Peacock Gap Neighborhood Plan.
Acting Planning Director Moore briefed her staff report, reviewing the background, traffic and
affordable housing alternatives, and suggested procedure for the adoption process.
Councilmember Breiner suggested several additions to the Plan, including addition of a policy
to the housing section, either that specific development proposals shall include a mix of
housing types, or include ways in which the developer intends to address the current housing
crisis. Also suggested was a revision to Section E 1, page 21, because circumstances on
which these paragraphs about below market rate units were based have changed. However, she
stated that this revision should not hold up the Plan adoption if consensus is reached on
other parts of the plan. Assumption #5 on page of the Plan was also suggested for revision,
to read "continue, but not significantly increase". This refers to the early morning and late
afternoon congestion found between Highway 101 and San Rafael High School. Exemption to the
125 -foot contour line should be granted to the three lots at the end of McNear Drive, and also
the Dole property because of the number of trees.
397
Councilmember Breiner also suggested that the development envelopes not be expandable, and that
should be understood. She also expressed concern that the three crucial intersections, Third &
Grand, Second & Grand, and Union & Pt. San Pedro, be maintained at Level "C", and no lower than
Level "D". In connection with standards, since the individual subdivisions will have CC&Rs, Ms.
Moore was requested to insert language in Appendix A of the Plan, that CC&Rs be evaluated by the
Planning Commission for consistency with the CC&Rs which have been the norm in the neighborhood.
Mayor Mulryan expressed himself as being in accord with Mrs. Breiner's suggestions. It was then
agreed that the Council would proceed on a parcel -to -parcel basis with their decisions regarding
densities.
Councilmember Breiner moved and Councilmember Nixon seconded, to set the maximum number of homes
for Parcel 1 (American Savings & Loan property) at 64, including the prescribed setbacks.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner moved and Councilmember Nixon seconded, to reaffirm the policy that
developments would remain within the envelopes, and the setbacks of 25 feet front and back and
10 feet on the sides be adhered to except where specifically exempted.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Nixon moved and Councilmember Breiner seconded, to set the maximum number of homes
on Parcel 2 (New York -California Industrial Corp. property) at 130, with a mix of town houses
and R-1 detached units.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner moved and Councilmember Jensen seconded, to allow a range of 20 - 25 units
for Parcel 3 (San Rafael School District property) the final number dependent upon traffic
diversion and the possibility of a larger recreation area.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the Planning Commis-
sion's recommendation of zero. (In County)
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner moved and Councilmember Nixon seconded, to allow a range of 12 - 27 units
on Parcel 5 (Dole Trustee property) as recommended by the Planning Commission.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Nixon moved and Councilmember Jensen seconded, to allow Parcel 6 (New York -Califor-
nia Corp. property) a maximum of 60 units, with 12 of those mandated as the affordable housing.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner asked if that maximum would result in too much density in that location,
and Ms. Moore responded that if properly designed it would be quite acceptable.
Councilmember Breiner moved and Councilmember Nixon seconded, to allow a range of 6 - 10 maximum
for Parcel 7 (Roman Caltholic Archdiocese of San Francisco property). This is consistent with
the Planning Commission draft Plan.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Regarded Parcel 8, the quarry (Dillingham property), which is not intended for development for
ten years in the future, the Council reaffirmed their previous decison to allow 350 units.
Councilmember Breiner then moved and Councilmember Jensen seconded, to formally approve the
recommended changes to the Plan: 1) That the Plan include a policy statement that "specific
development proposals shall include a mix of housing types unless the Planning Commission or
City Council make findings which would exempt such a mix", and 2) That "Specific development
proposals shall also include ways in which the developer intends to address the current housing
crisis." These come under the Housing portion of the Plan.
398
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Breiner moved and Councilmember Nixon seconded, to include the intersections of
Third & Grand, Second & Grand, and Union and Pt. San Pedro - that peak hour levels of service
shall not exceed Level "D" when calculated by the Critical Movement Analysis Planning Method
described TRB Report No. 212, January 1980, and preferably maintained at Level "C". This would
be included in the Plan, but not exclusive to the Plan as relates to the balance of the City of
San Rafael.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Councilmember Nixon then moved and Councilmember Jensen seconded, to certify the final EIR as
being adequate.
RESOLUTION NO. 6037 - CERTIFYING THE PEACOCK GAP ENVIRONMENTAL IMPACT REPORT AND ITS DETERMINA-
TION OF SIGNIFICANT EFFECTS OF THE NEIGHBORHOOD PLAN
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RESOLUTION NO. 6038 - ADOPTING THE PEACOCK GAP NEIGHBORHOOD PLAN AND AMENDMENT TO THE SAN RAFAEL
GENERAL PLAN AND DECLARING THE CITY'S INTENT TO INITIATE REZONING AND PREZONING OF PROPERTIES
CONSISTENT WITH SAID PLAN (As modified by Council action December 15, 1980)
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
14. PUBLIC HEARING - REZONING (Z80-13) IN DOMINICAN AREA, AP 15-163-03 & 04, BOUNDED BY GOLD HILL
GRADE, DEER PARK, HIGHLAND & MARGARITA AVENUES, AND A PORTION OF AP 15-162-02 ON NW CORNER OF
HIGHLAND & DEER PARK AVENUES, FROM: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT, TO: U UNCLASSI-
FIED DISTRICT P1 -File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the hearing was
declared closed.
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 R-1 (Single Family Residential) District to "U" (Unclassified) District, and
numbering Charter Ordinance No. 1384, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC TIME (File 166)
Under Public Time attorney Peter Hunt, representing New York -California Industrial Corporation,
asked if the 130 maximum units allowed for Parcel 2 into the Peacock Gap Neighborhood Plan
included the 15 units planned for the brick barn. Acting Planning Director Moore informed Mr.
Hunt that the 130 units include the brick barn.
15. COMMUNICATION FROM CITY ATTORNEY RE PLANNING COMMISSIONER (CA) - File 9-4-2 x 9-2-6 x 9-3-16
Council reviewed a memo from City Attorney Duggan expressing his concern over what he believes
to be violations of the Government Code in that Planning Commissioner Michael Smith has voted on
matters which Mr. Duggan feels disqualify him from voting because of his business interests.
Mr. Duggan asked for Mr. Smith's suspension.
Mr. Duggan's allegations were rebutted by attorney Leland Jordan, representing Commissioner
Smith, who stated that Mr. Smith had not violated regulations in the specific votes mentioned.
He offered to write to the League of California Cities for information on similar cases. He also
stated that he feels a governing body must have some confidence in those they appoint to commis-
sions, to disqualify themselves if they have a conflict, rather than look into the individuals'
business interests as Mr. Duggan is doing with Mr. Smith.
Mr. Duggan specifically noted what he considered illegal voting on Spinnaker Point and the May
property, and Mr. Jordan rebutted those allegations. Mr. Duggan stated that Mr. Smith had not
consulted him regarding voting. He asked Council to investigate Mr. Smith's contacts.
Assistant City Attorney Bullard stated that prior to a Planning Commission meeting which
Mr. Duggan did not attend, Mr. Smith requested advice concerning voting on the Spinnaker Point
project. Mr. Bullard indicated he told Mr. Smith that he saw no potential conflict of interest
and that he could vote.
399
Councilmember Miskimen made the suggestion, to which the Council agreed, that Mr. Smith consult
with Assistant City Attorney Bullard instead of Mr. Duggan on matters of voting, because of an
apparent problem. Mr. Duggan objected to this, stating that he is the designated person for
such matters.
After further discussion, Mr. Jordan was requested by Council to furnish in writing all of the
details of Mr. Smith's voting on the May property and Spinnaker Point, and how these matters
relate to Mr. Smith's position with the Frank Howard Allen real estate firm. After Council
receives Mr. Jordan's letter, they will write to the Fair Political Practices Commission and
request an expeditious ruling on the matter.
Mr. Duggan informed the Council that to date he has received no reply to his inquiry addressed
to the FPPC.
16. DISCUSSION OF FORMATION OF INTERIM BOARD OF DIRECTORS - MARIN CITIZENS' LEAGUE (CM) - File 195
Council considered a staff report describing the Marin Citizens' League and its purpose, which
is the early identification and prioritization of County problems and needs. The league is
being considered by the Marin County Council of Mayors and Councilmembers at the suggestion of
Martin Paley.
Council noted that several city councils have questioned the need for such a group.
After discussion Council agreed to go back to the Marin County Council of Mayor and Councilmem-
bers and discuss the formation of a much less formal structure for such a group.
17. DISCUSSION OF COMMUNITY DEVELOPMENT FUNCTION (CM) - File 9-3-11 x 7-4
Council reviewed a staff report prepared by City Manager Beyer, outlining the need to clarify
the role of the former Assistant City Manager and Planning Director, Raymond L. Meador. It was
pointed out that the City had committed itself to a Community Development organizational concept
about two years ago, and due to subsequent changes this was also reviewed in the staff report.
The final recommendation of Mr. Beyer is to appoint Mr. Meador as Assistant City Manager/Com-
munity Development, providing for the Community Development function to be housed in the City
Manager's Office and carried out by an Assistant City Manager. The department heads involved
would still have direct access to the City Manager as is now the case. The position would
provide a facilitating/coordinating function to bring together the working relationships between
Public Works (Land Development Division and Administration/Engineering Division), Planning and
Redevelopment.
The recommendation included adoption of a resolution creating the position of Assistant City
Manager/Community Development at a salary of $3,650 per month and establishing a car allowance
for the position at a monthly level of $250.
During Council discussion, Councilmember Jensen expressed his views that the position is not
necessary and he would not vote for it.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the title change,
with duties as prescribed, for Assistant City Manager/Community Development.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Councilmember Nixon moved and Councilmember Miskimen seconded, to set the salary for the posi-
tion at $3,650 per month, with no car allowance. After discussion, Mr. Nixon's motion was
withdrawn.
Council agreed to have further discussion on the salary and car allowance.
(Councilmember Jensen left meeting)
18. STATUS REPORT ON DEVELOPMENT OF HOUSING ELEMENT (Pl) - File 9-2-33 x 4-3-80
(Councilmember Nixon left during discussion)
After discussing the status report on development of the Housing Element, Councilmember Breiner
moved and Councilmember Miskimen seconded, to approve staff recommendation that Council authorize
staff to send a Request for Proposal to qualified consultants to assist in the preparation of
the City's Housing Element update, at an estimated cost of $15,000 to $25,000. The City Clerk
is to advertise for applicants for the Citizens' Advisory Committee on Housing Element, after
receiving input from the Planning Department.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
19. SECOND ANNUAL TOWN PICNIC AND PARADE (CM) - File 11-22
Council heard from Mr. Arthur Hecht, representing the Native Sons of the Golden West, Mount
Tamalpais Parlor No. 64 and the Kiwanis Club, requesting approval for a Second Annual Town
Picnic and Parade, to be held on July 12, 1981. Council gave their unanimous approval.
IM[
A report from Assistant to the City Manager Barbier stated that if the request received approval
he would furnish the Council with a refined cost estimate which should not run much over the
$4,500 expended for the 1980 parade which consisted of materials and manpower from Public Works,
Fire and Police.
20. REPORT ON HARTZELL SCHOOL SITE (Pl) - File 9-2-6
Council accepted a staff report indicating that Hartzell School site is being considered for
future development for affordable housing. Council directed staff to evaluate the development
potential and report to the Planning Commission so they can make an appropriate recommendation
back to the Council.
EXECUTIVE SESSION
Executive Session was cancelled, since there were no items to discuss.
An,1n11RNMFNT
Mayor Mulryan adjourned the City Council meeting in memory of Glee Orovich, wife of Thomas J.
Orovich, Jr., Office Engineer in the Public Works Department, who passed away on December 5,
1980.
e
E M. LEONCINI, City Clerk
APPROVED THIS 51 DAY OF 198/
MAYOR OF THE CI�AN
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 5, 1981, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Also Present: Robert F. Beyer, City Manager/Executive Director,
Jeanne M. Leoncini, City Clerk/Agency Secretary,
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
RE: DOWNTOWN TRAFFIC AND PARKING STUDY: FOCUSED EIR (P1) - File SRCC 196 x SRRA R-177
Mayor Mulryan asked the Council/Agency if they wished to table this matter due to the discussion
in the Redevelopment Agency meeting regarding the matter of possible conflict of interest for
Councilmember Agency Chairman Nixon, which was brought up by City Attorney/Agency Attorney
Duggan.
Assistant City Attorney Bullard stated that he saw no reason why the hearing should not proceed.
He stated that although the same parties have given unput to this matter as to the Third Street
matter, staff has maintained that this study is entirely independent and autonomous and only
peripherally includes Third Street.
City Attorney Duggan stated that the matter is a personal decision, and that if there is a
problem it should be disclosed and analyzed.
Councilmember/Agency Chairman Nixon stated that he does not have a problem with a conflict in
this matter.
Mayor Mulryan declared the public hearing opened.
Mr. Wm. Dietrich of DKS Associates, who prepared the San Rafael Downtown Transportation and
Parking Study, made a presentation, outlining the scope of work, and explaining with the aid of
charts the projecton to 1985 for traffic patterns throughout the area. The items considered
included anticipated development of the May property at Fourth and "A" Streets, the relocation
of the Independent -Journal and the PG&E corporation facilities which will result in different
uses for their sites. The proposed parking structure at Third & "A" Streets was also addressed.
Also addressed were the Andersen Drive extension, the Francisco Boulevard extension, and their
benefits to the traffic deployment.
401
Among conclusions reached were that the I -J and May properties developments would result in park
deficiencies which would be partially made up by the proposed parking structure at Third and "A"
Streets. It was further concluded that the 1985 growth impact would result in most major
intersections being at Level "C". The major intersections considered were Second & Netherton
Streets, Second & Irwin Streets, and Mission Avenue & Irwin Street.
As mitigation for the parking problem, Mr. Dietrich's report suggests relocation of some of the
140 employee parking spaces away from the downtown area, to provide more short-term parking
facilities, with car pool and van pool systems to be utilized. Ride sharing and staggered work
hours were also suggested.
There being no further input the public hearing was closed.
COUNCIL ACTION
RESOLUTION NO. 6039 - CERTIFYING THE DOWNTOWN TRAFFIC AND PARKING STUDY ENVIRONMENTAL IMPACT REPORT
(EIR)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AGENCY ACTION
RESOLUTION NO. 81-5 - CERTIFYING THE DOWNTOWN TRAFFIC AND PARKING STUDY ENVIRONMENTAL IMPACT REPORT
(EIR)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to their regular meeting, immediately following.
JEA LEONCINI, City Clerk/Agency Secretary
APPROVED THIS l9'-! DAY OF 1981
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 5, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
Meeting of December 10, and Regular
Meeting of December 15, 1980 (CC)
2. Appointment of City Manager to Take
Minutes of Closed Sessions (CM) -
File 9-3-11 x 9-1-2
3. Paramedic Service Agreement with
Marinwood Community Services District
(FD) - File 4-13-56
Recommended Action
Approved as submitted.
RESOLUTION NO. 6040 - APPOINTING THE CITY
MANAGER AS OFFICER TO KEEP MINUTES OF
CLOSED SESSIONS
RESOLUTION NO. 6041 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Marinwood CSD RE Advance Life Support
Emergency Ambulance Service (Paramedic)
from January 1 to June 30, 1981 @ rate
of $12 for each living unit per year)
adz
4. Request for Time Extension for
Meadow Oaks (P1) - File 10-6
5. Report on Discontinuation of Carpool
Parking Program at Fifth Avenue & "C"
Street Parking Structure (PW) -
Fiio 4_i -an
6. Extension of Time for Weissensee/
Middagh Subdivision (subject to
written consent of continuance
of bonding) (PW) - File 5-1-249
8. Resolution of Acceptance of Grant
of One -Third Interest in Nunes
Property (Parcel "F") (CM) -
Pi1c 9_1_F1
9. Claims for Damages: (PW)
a. Thomas Hawkins - File 3-1-525
b. Nancy McGovern - File 3-1-526
c. Joyce Savage - File 3-1-529
10. Interim Report on Status of Roof Sign
at Creative Merchandisers (P1) -
File 10-11 x 125
RESOLUTION NO. 6042 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/McKeon Construction Co., for ext. of
time limits for project processing for 90
days commencing February 4, 1981 if, at
end of February 3, 1981 all permit approval
has not been rendered by City for rezoning)
Approved staff recommendation to discon-
tinue program, and that alternate locations
be reviewed, staff to report back when
alternate site is selected.
RESOLUTION NO. 6043 - EXTENDING TIME FOR
THE COMPLETION OF IMPROVEMENT WORK IN
THE WEISSENSEE/MIDDAGH LAND DIVISION
(To and including June 1, 1981)
RESOLUTION NO. 6044 - RESOLUTION OF
ACCEPTANCE OF GRANT OF ONE-THIRD (1/3)
INTEREST IN REAL PROPERTY (Parcel "F",
Nunes)
Approved R. L. Kautz Co. recommendations
for denial of claims.
Accepted report that tentative sign
program has been agreed upon & will
be presented to Planning Commission
and then to Council.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. REPORT ON UNDERGROUNDING ELECTRICAL LINES ON IRWIN STREET BETWEEN THIRD & FOURTH STREETS (PW) -
File 12-18 x 4-4 R-71
Item deferred to meeting of January 19, 1981, at request of Scott -McCall & Company, and concurred
in by staff.
11. PUBLIC HEARING - APPEAL FROM DECISION OF PLANNING COMMISION BY BRENT WELLER ET AL, TS80-6 AND
ED80-60, SPINNAKER POINT UNITS 4 & 5 - 93 LOTS PLUS TWO PARCELS, 93 UNITS, EAST CANAL STREET,
MONUMENTAL CORP., OWNER, WALLER ASSOCIATES, REP., AP 9-071-02 THRU 07, 9-081-01 THRU 09, 9-082-02
& 05 AND 9-301-33 P1 - File 10-8 x 5-1-263
Mayor Mulryan declared the public hearing opened.
Senior Planner Brook briefed the Council on the history of the Spinnaker Point development and
the levee as related to the General Plan. He pointed out that this portion of the levee was
designated as the "Spinnaker Point public access area" in the Urban Design and Development
Policy Statement for East San Rafael, which was developed in June of 1977, two months after the
Spinnaker Point Master Plan. This same document called for a 100' Shoreline Park to be provided
from the proposed Marina site at the end of Bellam Boulevard to the southern end near Highway
17. Mr. Brook further stated that, while the City has been actively working on updating por-
tions of the General Plan, the plans referenced by the appellants are not deficient under State
law. The exhibits for the Master Plan showed a 30'-50' wide "public access area", with the top
of the levee to be a little narrower than the 20' top which existed at the time. Planning
Commission's recommendation is for a top to range between 10' and 40'.
Appellant Brent Weller urged the Council to require a wider levee, with a minimum 25' top,
citing the fact that when the levee settles and is built up it will become narrower each time.
Mr. Bud Weisenburg of the Canal Community Council agreed with this view.
Mr. Brook pointed out that the plan calls for five cul-de-sac entrances from Spinnaker Point,
and also that the minimum 10' width is sufficient for use by maintenance vehicles.
Council called for an opinion by Lloyd Strom, Engineer from Public Works Department and he
concurred in the statement regarding the 10' width being sufficient for maintenance vehicles,
and also stated that soils engineer Bob Lawson, member of the City's Geotechnical Review Board,
stated that the ultimate settlement of the levee would not occur for thirty years and the next
settlement should take much longer.
Mr. Silvio Bianchini stated that he had understood from staff that the levee would be 18' to 25'
wide.
Mrs. Judy Waller of Waller Associates, representative for Monumental Corp., developers of
Spinnaker Point, stated that if the levee ever had to be widened it could be done from the
outboard side, although that would be costly because of the rip -rap. The landscaping will be
done on the inboard side only, to leave the outboard side free in case of future widening.
Mr. Richard Hein, who resides at Spinnaker Point, stated he and his family have been using the
levee for exercise, and find it quite acceptable as open space.
403
There being no further public input, the public hearing was closed.
Councilmember Breiner stated her opinion that the levee should be at least 20' wide, if not 25',
for safety purposes. Councilmember Miskimen said he felt the levee would be more attractive at
varying widths.
Mr. Brook stated, on question by Council, that the developers will install the landscaping and
amenities, after which the City will maintain the levee, which should take about one or two man
days per week for the entire levee.
After further discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to
sustain the Planning Commission and deny the appeal.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner stated that her "No" vote is because she feels that a margin of safety
would be gained by a wider levee.
12. FINAL ADOPTION - ORDINANCE NO. 1384 - 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 R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO "U" UNCLASSIFIED DISTRICT
P1 - File 10-3 Gold Hill Gr., Deer Park, Highland & Margarita Aves.)
CHARTER ORDINANCE No. 1384 - 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 R-1 (Single Family Residential) District to "U"
(Unclassified) District (Gold Hill Grade, Deer Park, Highland & Margarita Avenues), was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. AWARD OF BID FOR 24 CUBIC FOOT BREATHING APPARATUS COMPRESSOR FOR FIRE DEPARTMENT (FD) -
File 4-2-156
RESOLUTION NO. 6045 - AUTHORIZING THE PURCHASE OF A BREATHING APPARATUS COMPRESSOR FOR THE
FIRE DEPARTMENT (Rescue Safety Products, Hayward, California, $15,000)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting)
14. FURTHER REPORT ON COMMUNITY DEVELOPMENT FUNCTION (CM) - File 9-3-11 x 7-4
City Manager Beyer informed the Council that this item, which was continued from the December
15th meeting for further discussion on salary and auto allowance, is now ready with an amended
resolution for approval. The salary has been revised to $3,500 per month, which is the present
salary currently being paid to Mr. Raymond Meador. The auto allowance of $250 per month is
being recommended to be established for the position.
RESOLUTION NO. 6046 - AMENDING RESOLUTION NO. 5930 PERTAINING TO THE COMPENSATION FOR MANAGEMENT
AND UNCLASSIFED EMPLOYEES (Creating salary of $3,500/month for Assistant
City Manager/Community Development, with auto allowance of $250/month,
effective December 1, 1980)
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Miskimen
15. STATUS REPORT ON HOUSING ELEMENT PROGRESS (Pl) - File 4-3-80 x 9-2-33
Council accepted a staff report, indicating that a recommendation regarding a consultant will
be presented to them at the January 19th meeting, to permit final Council authorization for a
contract at the February 2nd meeting. City adoption and HCD certification are to be accom-
plished prior to October 1, 1981.
The report also pointed out that the deadline for applicants for the Citizens' Advisory Commit-
tee on the Housing Element is noon on Thursday, January 15th, and that meanwhile staff is
assuring adequate media coverage as well as contacting interested groups and individuals.
(Councilmember Miskimen returned)
16. RENEWAL OF CITY'S LIABILITY INSURANCE POLICY AND SETTING OF POLICY FOR SETTLEMENT OF CLAIMS
Fi n --File 9-6-1 - i— Z
Finance Director Coleman informed the Council that the City's liability insurance policy is
expiring and the City has the option to increase the deductible from $50,000 to $100,000 if the
Council so desires. It is staff's recommendation that no change be made at this time.
Mr. Coleman also recommended that all claims between $1,000 and $5,000 be approved at staff
level by a committee composed of the City Manager, Assistant City Attorney and Finance Direc-
tor, in the interest of settling the claims more expeditiously.
404
After discussion, Councilmember Jensen moved and Councilmember Breiner seconded, to keep the
$50,000 deductible in accordance with staff recommendation, and that for claims from $1,000 to
$5,000 where there is clear liability the Council be polled in event quick handling is felt by
staff to be necessary. (Unanimous affirmative vote required.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. REPORT ON INCORPORATION OF BEL MARIN KEYS (Pl) - File 149
Council reviewed a staff report regarding the request which Bel Marin Keys is preparing to
submit to LAFCO for incorporation as a city.
Mr. Walt Robbins, vice-president of Bel Marin Keys CSD, addressed the Council, asking for their
consideration of the matter and stating that since their applicatin has not yet been submitted
to LAFCO it would be premature for the Council to make a decision on the matter.
After discussion, Council agreed unanimously that they will support LAFCO's Adopted Policy
Guidelines, which include the policy that "the number of independent Government agencies shall
be minimized and duplication of service avoided".
ADD ITEM
Mayor Mulryan inquired of staff whether any reply has been received from attorney Leland Jordan
on behalf of Planning Commissioner Michael Smith, regarding the information requested by
Council on Mr. Smith's business involvement so that Council could review it before writing to
the Fair Political Practices Commission for a determination regarding possible conflicts of
interest because of his position with the Frank Howard Allen real estate firm.
Staff indicated no written reply had yet been received, and Mayor Mulryan suggested that a firm
deadline be set for a reply.
City Manager Beyer informed the Council that he had spoken with Mr. Smith, attorney, Mr.
Jordan, this afternoon and Mr. Jordan had indicated that a written reply will be delivered to
him by the end of this week.
The matter was then deferred to the meeting of January 19,1981.
Council adjorned to closed session to discuss pending litigation.
J ANNE M. LEONCIN , City Clerk
APPROVED THIS 5-' DAY OF 1981
MAYOR OF THE CITY OF AN RAF L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 19, 1981, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Absent: Fred E. Jensen, Councilmember/Agency Member
Also Present: Robert F. Beyer, City Manager/Executive Director,
Jeanne M. Leoncini, City Clerk/Agency Secretary,
Edmund A. Duggan, City Attorney/Agency Attorney
RE: PUBLIC HEARING - DRAFT SPECIFIC AREA PLAN FOR THE WEST FRANCISCO BOULEVARD AREA -
File R-130 x SRCC 175
Mayor Mulryan declared the public hearing opened.
40o
The City Council/Redevelopment Agency approved the staff recommendation and continued the joint
public hearing to Monday, February 2, 1981, at 7:45 PM.
JEAN E LEONCINI, City rk/Agency Secretary
APPROVED THIS I= DAY OF 1981
1AAENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 19, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
Meeting & Regular Meeting of
January 5, 1981 (CC)
2. Approval of Lease Agreement with
San Rafael School District re
Rental of Multipurpose Room at
Gallinas School for Day Care Use
(Rec) - File 4-7-20
3. Acceptance of Grant Deed for Open
Space - Baldwin Court Subdivision
(PW) - File 5-1-253 x 13-14-1
6. Claims for Damages - Fred E. Moore III
(A Minor) (PW) - File 3-1-527
7. Claims for Damages: (PW)
a. Anna Duff - File 3-1-528
b. Kenneth King - File 3-1-530
c. John Glossinger - File 3-1-535
AYES: COUNCILMEMBERS: Breiner, Jensen,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Recommended Action
Approved as submitted.
RESOLUTION NO. 6047 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/
San Rafael School District for Use of
Gallinas School for Day Care Use, Jan-
uary 5 - June 30, 1981, @ $200.00 per
month, w/possible reduction in rent depend-
ing on program revenue)
RESOLUTION NO. 6048 - ACCEPTING CONVEYANCE
OF REAL PROPERTY FOR PARK/OPEN SPACE
PURPOSES, BALDWIN COURT SUBDIVISION,
SAN RAFAEL, CALIFORNIA
Granted acceptance of late claim, and
approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendations
for denial of claims.
Miskimen, Nixon & Mayor Mulryan
4. ACCEPTANCE OF GRANT DEED FOR STREET RIGHT-OF-WAY - ST. FRANCIS LANE (PW) - File 2-2
Item deferred to meeting of February 2, 1981.
406
5. LIBRARY FINE MORATORIUM - FEBRUARY 14 - 21, 1981 (Lib) - File 9-10-2 x 9-3-61
Council reviewed a staff report requesting a week-long moratorium on library book fines. City
Manager Beyer informed the Council that the requested dates were revised to February 8 to 14th.
The staff report indicated that when the no -fine week was held last year 85 long overdue books
which had been missing for six months and over, were returned to the library, the value of
which far exceeded any fines which would have been collected.
Councilmember Jensen moved and Councilmember Nixon seconded, to approve a library fine mora-
torium for the week of February 8 to 14th.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. ADOPTION OF FIVE-YEAR FEDERAL -AID URBAN PROGRAM FOR MARIN COUNTY (PW) - File 11-15-1 x 4-10-66
Councilmember Miskimen questioned the fact that City of San Rafael has only one project on the
list, and that is beyond the five-year funding. Acting Public Works Director Bernardi stated
that City of San Rafael has had the highest point rating for projects in the past, having had
Bellam Boulevard and the Miracle Mile. He stated, in reply to a question from Councilmember
Miskimen, that the approved project on the unfunded list, the Linclon/Merrydale Connection, is
the choice of the Public Works staff as the most necessary. Mr. Bernardi added that, under
Projects Listed for Programming, NO. 4 - Undefined Projects, Under $150,000 - the City may be
able to get some funding for signal projects.
RESOLUTION NO. 6049 - APPROVING THE 1981/82 FIVE-YEAR FEDERAL -AID URBAN PROGRAM AS RECOMMENDED
BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC TIME - PERSONS WISHING TO ADDRESS COUNCIL ON ITEMS NOT ON AGENDA
File 13-14-2
1. Mr. Fred Dekker, president of Marin Heritage, addressed the Council, asking their approval of a
resolution to authorize Marin Heritage to apply for and accept Buck Grant funds to be used for
restoration of the greenhouse at Falkirk. This must be done by February 1, 1981.
RESOLUTION NO. 6050 - AUTHORIZING MARIN HERITAGE, A NONPROFIT, TAX EXEMPT ORGANIZATION, TO
APPLY FOR AND ACCEPT GRANT FUNDS FROM THE SAN FRANCISCO FOUNDATION FOR THE FALKIRK GREENHOUSE
RESTORATION PROJECT
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
File 100 x 9-3-31
2. Miss Edwina Codoni addressed the Council, complaining about the Fire Department's procedures
when she was locked out of her apartment recently. The matter was referred to City Attorney
Duggan, to meet with Miss Codoni, because of her expressed intention of bringing suit against
the City of San Rafael.
9. SELECTION OF CONSULTANT FOR HOUSING ELEMENT (P1) - File 4-3-80 x 9-2-33
Council reviewed a staff report, stating that five proposals were submitted by consultants. All
were interviewed and the panel, consisting of City Manager Beyer, Assistant City Attorney
Bullard and Acting Planning Director Moore, unanimously recommended that the contract be
awarded to Ironside & Associates. Staff recommended that a final contract be scheduled for
submission to the City Council at the February 2, 1981 meeting.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve awarding of a con-
tract to Ironside & Associates, with the final contract to be submitted to Council for approval
at the February 2, 1981 meeting.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. REPORT ON CITIZENS' ADVOSORY COMMITTEE FOR HOUSING ELEMENT (P1) - File 9-2-33
Council reviewed the 25 applications received, and agreed that some of the applicants could be
considered without interviews since they are well known to the Councilmembers. Council then
set Wednesday, January 28, 1981 at 5:00 PM for interviews of the balance of applicants.
11. REPORT ON APPLICATIONS FOR VARIOUS COMMITTEES (CC):
a. Citizens' Advisory Committee on Energy - File 9-2-34
Council reviewed the seven applications for the vacancy on the committee, and asked
Councilmember Breiner and Acting Public Works Director Bernardi to conduct the inter-
views and report back with their recommendation.
407
b. Technical Advisory Committee to the Cultural Affairs Commission - File 9-2-24
Council agreed to interview the two applicants in conjunction with the housing Element
committee interviews on January 28th, and to request staff to continue to advertise for
another 30 days for the third vacancy.
12. REPORT ON UNDERGROUNDING ELECTRICAL LINES ON IRWIN STREET BETWEEN THIRD AND FOURTH STREETS PW
- File 12-18 x 4-4 R-71
Discussion deferred to February 2, 1981 meeting, at request of Scott -McCall & Co., to give
property owners an opportunity to meet with staff and discuss the extent of their participation
in costs for the project.
13. STATUS REPORT RE ADDITIONAL FUNDING - NORTHBOUND ON-RAMP AT LUCAS VALLEY ROAD INTERCHANGE (PW)
- File 4-8-20
Council considered a staff report, requesting the use of additional gas tax funds to finance the
increased cost of construction on the Northbound On-ramp at Lucas Valley Road Intersection.
The project lacks approximately $30,300 for full funding. Staff indicated that the amount in
question could come from unappropriated funds which were set aside for use in implementing
roadway construction under the West Francisco Blvd. Specific Area Plan, or to fund any deficit
in the construction of the Andersen Drive Extension (south). The money expended will be
reimbursed to the City through traffic mitigation fees collected as new developments are
constructed.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to adopt the
staff recommendation and approve the use of an additional $30,300 in gas tax funds to finance
the increased cost of construction on the Northbound On-ramp at Lucas Valley Road Interchange.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. REQUEST APPROVAL TO UTILIZE EXISTING FUNDS AS MATCHING DOLLARS FOR BUCK GRANT RE CAPITAL
IMPROVEMENTS AT PICKLEWEED PARK Rec - File 2-1-55 R-55
Recreation Director Jauch informed the Council that the San Francisco Foundation has just
completed a needs assessment of the Canal Area, and from the data compiled they will be meeting
with the community to write a grant for programs and facilities needed in the area. In writing
the proposal it is important that they know how much money the City can commit as part of the
matching funds for capital improvements at Pickleweed Park, since this will determine the scope
of the work which can be done.
Mr. Jauch reported that $437,500 has been apropriated for Pickleweed Park, as follows: $360,000
from HCDA funds, $55,000 from Marin Local Park Assistance, and $22,500 from Roberti/Z'Berg.
Mayor Mulryan asked Mr. Jauch what improvements would be recommended, and Mr. Jauch cited the
building which has been discussed previously, and other phases of the park not yet completed.
He noted that in the Pickleweed Park Master Plan tennis courts were included, and they showed
in the needs survey.
Mr. Jauch stated that the recreation building and a library were the two main needs according
to the recent survey.
After further discussion Councilmember Miskimen moved and Councilmember Jensen seconded,
to approve the staff recommendation to use the $437,500 currently budgeted for Pickleweed
Park improvements, as matching funds in applying for a grant from the San Francisco Foundation,
and that the proposal is to come back before the Council before it is sent to the Foundation,
with specifics as to projects to be included.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. CORRESPONDENCE RE POSSIBLE CONFLICT OF INTEREST OF PLANNING COMMISSIONER (CA) -
File 9-4-2 x 9-2-6 x 9-3-16
Council discussed a letter from attorney Leland Jordan, representing Planning Commissioner
Michael Smith, outlining the details of Mr. Smith's votes in the Planning Commission regarding
Spinnaker Point and the May property. Assistant City Attorney Bullard informed the Council
that, based on information received, Mr. Smith's legal participation in voting with the Planning
Commission on the EIR concerning the overall downtown San Rafael area (in which the May property
is located), and his vote on the tentative map approval for Spinnaker Point Units 4 and 5, were
legally permissible and not a violation of the Fair Political Practices Act of 1974.
City Attorney Duggan did not agree with the foregoing viewpoint, and stated that the May case
is pending in the FPPC.
Mayor Mulryan asked that Mr. Duggan prepare a listing of information and questions so that the
City can go to FPPC and request a ruling to settle the matter of conflict of interest once and
for all.
408
Councilmember Miskimen was of the opinion that FPPC should be queried on the eligibility of a
successful real estate person to vote on matters involving real estate transactions anywhere
within a city.
After further discussion, Council agreed that the above question should be asked of FPPC. City
Attorney Duggan was asked to furnish City Manager Beyer with specific facts, from which Mr.
Beyer will write to the FPPC and ask for an expeditious ruling which can be used as future
policy. Mr. Duggan agreed to furnish the details, as soon the pending May case is settled by
FPPC.
16. REQUEST FROM JOHN DUPEN TO PROVIDE IN -LIEU PAYMENT (P1) - File 11-24 x 10-2 x 10-4
Councilmember Miskimen left during discussion)
Mr. John Dupen asked the Council to consider permitting him to make in -lieu payment for his
parking deficiency at 700 "E" Steet. He stated that the Council has allowed in -lieu parking
fees to be paid for similar projects.
Acting Planning Director Moore informed the Council that 700 "E" Street is not a similar
project to those for which in -lieu parking payments were permitted. Ms. Moore also informed
the Council that the Planning Commission, in July 1980 denied an application for 450 square
feet of storage space, and the City Council denied Mr. Dupen's appeal requesting the addition.
However, it has been noted that the owner has not begun demolition.
After further discussion Councilmember Breiner moved and Councilmember Jensen seconded, to
direct Mr. Dupen to demolish the illegal storage section, and also to deny the request for
in -lieu parking payment.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
17. REPORT ON THE COMMITTEE FOR AFFORDABLE HOUSING (P1) - File 13-16
Council reviewed and accepted the draft report on Affordable Housing Problems and Solutions,
prepared by the Committee for Affordable Housing which was formed by Marin County Supervisor
Robert Roumiguiere.
Staff reported that in January the Committee wil be making a public presentation of its
findings.
ADD ITEMS
I. PROPOSED FORMULA FOR DISTRIBUTION OF 1980 PARKLANDS BOND INSURE FUNDS - File 9-1
Councilmember Breiner called the Council's attention to a memo from City Manager Beyer, re-
garding a proposed formula for distribution of 1980 Parklands Bond Issue funds. Council agreed
that they would discuss the matter at the Marin County Council of Mayors and Councilmembers
meeting on January 28, 1981. There is approximately $800,000 overall.
(Councilmember Miskimen returned)
II. REQUEST FOR COST OF LIVING INCREASE FOR RETIREES - File 7-9
Mayor Mulryan announced that he had received a letter from retired Battalion Chief George
Hasler, requesting upgrading of the 3% cost of living for retirees. Council referred the
matter to staff for analysis and report.
III. ORDINANCE ON MERGER OF CONTIGUOUS PARCELS - File 190
Mayor Mulryan asked the City Attorney to expedite preparation of an ordinance, discussed some
time ago, regarding the merging of contiguous lots when one is substandard.
CLOSED SESSION
18. Council adjourned to Closed Session to discuss pending litigation.
EANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF,4, 1981
MAYOR OF THE CITY OF SAN RAFAEL
*** *** *** *** *** *** *** ***
409
In Room 201 of the San Rafael City Hall, Wednesday, January 28, 1981, at 5:00 PM.
Special Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
RE: INTERVIEWS OF APPLICANTS FOR CITIZENS' ADVOSORY COMMITTEE ON HOUSING ELEMENT AND FOR THE
TECHNICAL ADVISORY COMMITTEE TO THE CULTURAL AFFAIRS COMMISSION - File 9-2-33 x 9-2-24
Council interviewed thirteen applicants for the Citizens' Advisory Committee on Housing Element,
as follows: Gerald Bakerink, Derek Cunninghame-Blank, Rev. Vernon S. Cox, Samuel H. DiGiacomo,
Jr., Annette Heller, Florence A. Johnson, Dane Larsen, Paula McNamee, Ailene S. Taylor, John C.
Thuma, Michael Venables, Rita Wool and Abraham Yang.
Two additional applicants, Betsy Winter and Bruce Woelfel, did not appear for their interviews.
Council agreed that City Clerk should contact them to see if they were still interested in
being interviewed and, if so, interviews would be scheduled commencing at 7:00 PM on Monday,
February 2, 1981.
Council then interviewed Richard W. Best and Dane Larsen for the Technical Advisory Committee
to the Cultural Affairs Commission. No decisions were made since applications for this Commit-
tee are open until February 12, 1981.
Mayor Mulryan then continued the meeting to 7:00 PM on February 2, 1981, for discussion of all
applicants for the CAC on Housing Element, including those who were not interviewed because
they were known to the Council.
JE E . LEONCINI, ity Clerk
APPROVED THIS 17-L* DAY OF , 1981
MAYOR OF THE CITY OF SAN RA AEL
*** *** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, February 2, 1981, at 7:00 PM.
Adjourned Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
RE: CONTINUATION OF INTERVIEWS FOR CITIZENS' ADVISORY COMMITTEE ON HOUSING ELEMENT, AND CONSIDERA-
TION OF APPOINTMENTS TO THE COMMITTEE - File 9-2-33
Council interviewed two applicants, Betsy Winter and Bruce Woelfel.
Mayor Mulryan then proposed that the Council automatically appoint those applicants who were
not interviewed, including Ann Batman, Daniel Mardesich, Gayle Mills, J. Stanley Ott, Jerry
Russom, Jack Ryan, Anise Turina, Donald Wellington, and Eleanor Zengler.
Councilmember Miskimen suggested, and the balance of the Council agreed, to vote on all the
applicants, limiting the Committee to fifteen members.
Council then each cast ballots for fifteen applicants, with those receiving the highest number
of votes to be appointed. The following fifteen members were appointed on the first ballot:
David Cunninghame-Blank, Rev. Vernon S. Cox, Samuel H. DiGiacomo, Jr., Florence A. Johnson,
Annette Heller, Dane Larsen, Paula McNamee, J. Stanley Ott, Jack Ryan, Ailene S. Taylor,
Anise Turina, Michael Venables, Bruce E. Woelfel, Rita E. Wool, and Abraham L. Yang.
410
Council adjourned to their regular meeting to be held at 8:00 PM.
UEANNE M. LEONCIN City Clerk
APPROVED THIS/ 7_h DAY OF 1981
M OR OF THE CITY OF SAN RAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, February 2, 1981, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Dorothy L. Breiner, Councilmember/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Also Present: Robert F. Beyer, City Manager/Executive Director,
Jeanne M. Leoncini, City Clerk/Agency Secretary,
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
RE: DRAFT SPECIFIC AREA PLAN FOR THE WEST FRANCISCO BOULEVARD AREA - File 175 (SRCC) x R-130 (SRRA)
Mayor Mulryan opened the public hearing.
Council/Agency heard a presentation by attorney Leland H. Jordan, representing Blumenfeld
Enterprises, Inc., owners of the San Rafael Drive -In Movie site, asking that their development
application be processed, subject to full development review, in accordance with the recommenda-
tion by the Planning Commission and concurred in by staff. The area in question is in the
vicinity of Bellam Blvd. and Gary P1.
The staff recommendation was that the property be segregated from the West Francisco Boulevard
Plan, and that standards outlined within the Specific Area Plan, especially in respect to
parking and landscape commitments, be incorporated into the Master Plan as conditions of
approval.
There being no further public input, the hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to confirm the
Planning Commission action with regard to the segregation of the Blumenfeld property, subject
to conditions outlined by staff.
AYES: COUNCILMEMBERS/AGENCY MEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS/AGENCY MEMBERS: None
ABSENT: COUNCILMEMBERS/AGENCY MEMBERS: None
JEV M. LEONCINI, City Clerk/Agency Secretary
APPROVED THIS 17'' DAY OF 1981
LAWRENCE E. MULRYAN
MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER
*** *** *** *** *** *** *** ***
411
In the Council Chambers of the City of San Rafael, Monday, February 2, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
and Regular Meetings of January 19,
1981 (CC)
2. Change in Date of City Council Meeting
Due to Holiday - Washington's Birthday
(CC) - File 9-1
3. Adoption of 1981 State Standard Speci-
fications for Public Works Projects
(PW) - File 9-3-40
4. Proposed Abandonment of Portion of
Street Right -of -Way - Meadow Avenue
(PW) - File 2-12
5. Claims for Damages:
a. Sam Driver - File 3-1-536 (PD)
b. Robert C. Jennings - File 3-1-537 (PW)
c. R.L.J. Corporation - File 3-1-538 (PW)
d. Arlene Whiting - File 3-1-539 (PD)
6. Resolution of Appreciation -
Hal Chase, Jr. (CA) - File 102 x 9-3-16
Recommended Action
Approved as submitted.
Set date for second meeting in February
for Tuesday, February 17, 1981.
Adopted specifications.
RESOLUTION NO. 6051 - RESOLUTION OF IN-
TENTION TO ORDER VACATION OF PUBLIC
STREET (Ptn of Meadow Ave., southeasterly
of intersection of Meadow Ave. & Redding
Way) Set public hearing for 8:00 PM,
February 17, 1981.
Approved R. L. Kautz Co. recommendations
for denial of claims.
RESOLUTION NO. 6052 - RESOLUTION OF
APPRECIATION (To Hal Chase, Jr., for
volunteer work in the City Attorney's
Office - August 1980 - January 1981)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. PUBLIC HEARING - PROPOSED ZONING CHANGE (Z80-15) - 510 Belle Avenue (AP 14-052-09), From R-2
Duplex Residential District, to R-1 Single Family Residential) District, S&N Associates,
Owners; M. M. Nicoll, Rep. (P1) - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the hearing
was closed.
Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from R-2 (Duplex Residential) District to
R-1 (Single Family Residential) District (510 Belle Avenue, San Rafael), and numbering Charter
Ordinance No. 1385, was read, introduced and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - ADOPTION OF PROPOSITION 4 SPENDING LIMITATIONS (Fin) - File 8-9
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
412
RESOLUTION NO. 6053 - RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING APPROPRIATIONS LIMIT
FOR 1980/81 (Per Senate Bill 1352 which implements Proposition 4, City
established appropriations limit at $11,486,474)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. AWARD OF BID - TWO LIBRARY VEHICLES (CM) - File 4-2-157
RESOLUTION NO. 6054 - AUTHORIZING THE PURCHASE OF TWO VEHICLES FOR THE LIBRARY UTILIZING
GRANT FUNDS FROM THE SAN FRANCISCO FOUNDATION (From Campbell Bishop
Chevrolet, bid price $10,265, two Chevette Scooters)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. AWARD OF BID - EIGHT POLICE PATROL VEHICLES (CM) - File 4-2-155
RESOLUTION NO. 6055 - AUTHORIZING THE PURCHASE OF EIGHT POLICE PATROL VEHICLES UTILIZING
EQUIPMENT REPLACEMENT FUNDS (From Steve Snyder Chevrolet, bid price
$71,633.92)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. REPORT ON FOURTH STREET LEFT TURN LANES (PW) - File 11-1 x 9-3-40
Council reviewed a staff report, reviewing the action taken on March 24, 1980, when the Council
approved a six-month trial period for the striping of left turn lanes on Fourth Street from
Lincoln Avenue to "D" Street.
Since that time, staff has closely monitored traffic operations and discussed the matter with
the Chamber of Commerce, who indicate that they are satisfied with the operation of the left
turn lanes. In addition, the Bank of Marin is planning on constructing a new facility at the
southwest corner of Fourth and "E" Streets, and as part of their approval they were required to
widen Fourth Street at the corner of "E" Street. That widening will remove the only impediment
to adding left turn lanes at that intersection.
Staff's recommendation is that the Council approve the existing striping of the left turn lanes
on Fourth Street between Lincoln Avenue and "D" Street on a permanent basis, and to approve the
striping of left turn lanes at the intersection of Fourth and "E" Streets on a permanent basis
when the intersection improvements have been completed by Bank of Marin.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve staff recommendations
regarding the permanent left turn lanes.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner added that she would like the staff to report on feasibility of 15 -minute
parking meters on Fourth St. at "A" and "B".
12. ORDINANCE REPEALING ORDINANCE NO. 1368, RE POSTING OF GASOLINE PRICES (CA) - File 125
Council reviewed a staff report from City Attorney Duggan, indicating that a new Assembly Bill
2067, effective January 1, 1981, supersedes the provisions of San Rafael Charter Ordinance No.
1368, necessitating the repeal of the City's Ordinance.
An Ordinance of the City of San Rafael, Repealing Chapter 10.91 of the Municipal Code of the
City of San Rafael, as Adopted by Ordinance No. 1368, Entitled "Posting of Gasoline Prices", and
numbering Charter Ordinance No. 1386, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
13. REPORT ON APPOINTMENTS TO VARIOUS COMMITTEES: (CC)
a. Citizens' Advisory Committee on Housing Element - File 9-2-33
Council asked the City Clerk to send letters to the applicants for the CAC on Housing
Element, in accordance with their decision at the Special Adjourned Meeting at 7:00 PM
this evening.
b. Technical Advisory Committee to Cultural Affairs Commission - File 9-2-24
Council agreed to keep the application period open to noon on February 12, 1981.
4 L tj
c. Citizens' Advisory Committee on Energy - File 9-2-34
Council approved a staff report indicating that the interviews for the vacancy on the CAC
on Energy would be held on February 5, 1981, commencing at 1:00 PM, in the Public Works
Conference Room. The applicants are to be interviewed by Councilmember Breiner and Acting
Public Works Director Bernardi.
14. APPROVAL OF CONTRACT DOCUMENTS FOR CONSULTANT - HOUSING ELEMENT (Pl) - File 4-3-80
RESOLUTION NO. 6056 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Ironside
& Associates, contract amount $13,250)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. REPORT ON UNDERGROUNDING ELECTRICAL LINES ON IRWIN STREET BETWEEN THIRD AND FOURTH STREETS
PW - File 4-4 SRRA R-71
16.
Council considered a staff report indicating that Scott -McCall Company was asking that the City
share the additional cost incurred in the undergrounding project at Third and Irwin Streets,
which is due to the PG&E's decision to trench across Third Street. This was not included in the
original plan. Also, Scott -McCall is requesting reimbursement of $925 which they expended which
was over and above the $13,000 the City had originally agreed to pay as their share.
After discussion, Councilmember Nixon moved and Councilmember Jensen seconded, to pay one-half
of the cost of the extra PG&E work, and to direct staff to contact PG&E in an attempt to have
them absorb at least a portion of the extra cost of trenching across Third Street.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Jensen then moved and Councilmember Nixon seconded, to reimburse Scott -McCall
Co. for the $925 which they had expended on the City's behalf.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
REVIEW OF COMMUNITY DEVELOPMENT PROJECT PRIORITIES - (PUBLIC WORKS, PLANNING & REDEVELOPMENT
CD - File 9-3-11 x 9-3-40 x 9-3-17 x R-140
After reviewing the project priorities for Public Works, Planning and Redevelopment Agency as
prepared by Assistant City Manager/Community Development Meador, Council requested that the
Subdivision Ordinance Update be taken off the list of Deferred Projects, and that Mr. Meador
devise a means of including it in current projects and report back to Council on February 17th.
17. SECOND AMENDMENT - JOINT POWERS AGREEMENT, MAJOR CRIMES TASK FORCE (CM) - File 4-10-114
Council considered a report from City Manager Beyer, indicating that the Marin County Police
Chiefs Association and Oversight Committee/Major Crimes Task Force have reviewed the personnel
aspect and are recommending the amendment of the Joint Powers Agreement of August 1979 between
the County of Marin and eleven cities and towns within the County to clarify the responsibility
of contributing agencies concerning the assignment of manpower to the Task Force.
RESOLUTION NO. 6057 - AUTHORIZING AMENDMENT TO THE MAJOR CRIMES TASK FORCE JOINT POWERS
AGREEMENT RE: PERSONNEL ASSIGNMENTS TO THE TASK FORCE (Personnel
to continue to be employed and compensated by assigning party, subject
to reimbursement for actual cost from Task Force funds, assignment to
be for specific tour of duty, normally not less than six months nor
longer than two years, and may be renewed.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. RESOLUTION PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT KERNER BOULEVARD (AP 9-290-36
TO ROBERT PETTIJOHN RA - File 2-8-21
Council heard a report from Assistant Executive Director/Redevelopment Ward, stating that
Robert Pettijohn has applied to the City to lease an unused unpaved area of Kerner Boulevard
which is 70 feet wide and sixty feet in depth for the purpose of storing trucks. There is a
possibility of a future assessment district being formed to complete this portion of Kerner
Boulevard, but a short term lease should not present a problem.
RESOLUTION NO. 6058 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT KERNER BOULEVARD
(AP 9-290-36) TO ROBERT PETTIJOHN (March 1, 1981 - February 28, 1983, $100/Mo. rent com-
mencing April 1, 1981 until $2,400 has been paid, and with a sixty days' recapture clause
included)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
414
19. APPROVAL OF FINAL SUBDIVISION MAP AND AGREEMENT - SPINNAKER POINT UNIT 3 (PW) - File 5-1-264
RESOLUTION NO. 6059 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "SPINNAKER POINT UNIT 3"
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. CONSIDERATION OF CHANGE IN DATES FOR CITY COUNCIL MEETINGS IN MARCH (CC) - File 9-1
Councilmember Jensen moved and Councilmember Nixon seconded, to change the March meeting dates
to the second and fourth Mondays - March 9 and 23rd.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM
File 125
City Attorney Duggan was asked to pursue the matter of the Litchfield sign as expeditiously
as possible.
File 9-1 x 9-4-2
Councilmember Nixon informed the Council that he will not be present at the next Council
meeting, and would like to have the subject of his possible conflict of interest deferred.
Mayor Mulryan agreed to defer the matter to the March 9, 1981 meeting. (Agency agenda item, re
Third Street Improvement Project)
The City Council adjourned to Closed Session to discuss pending litigation.
UEANNE M. LEONCI I, City Clerk
APPROVED THIS (7 t DAY OF 1981
MAYOR OF THE CITY OF SAN RA AEL
In the Council Chambers of the City of San Rafael, Tuesday, February 17, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
John A. Miskimen, Councilmember
Absent: Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Special Meeting
of January 28, Adjourned Special Meeting,
Special Joint Meeting and Regular
Meeting of February 2, 1981 (CC)
2. Appointment of Anne Moore as Planning
Director (CM) - File 7-4 x 9-3-17
4. Claims for Damages: (PW)
a. Elizabeth Bauman - File 3-1-531
b. Natalie Friedlander - File 3-1-532
c. John Steve Petrakis et al - File 3-1-544
d. Bernice Cohen - File 3-1-545
Recommended Action
Approved as submitted.
Accepted report, appointment effective
February 17, 1981.
Approved R. L. Kautz Co. recommendations
for denial of claims.
4J5
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
3. RESOLUTION OF APPRECIATION - A. WENDELL REILLY (PD) - File 102 x 9-3-30
Mayor Mulryan commended Mr. A. Wendell Reilly on volunteering his time and expertise over the
past five years to the San Rafael Police Department in the area of statistical analysis.
RESOLUTION NO. 6060 - RESOLUTION OF APPRECIATION (To Mr. A. Wendell Reilly for volunteer
service to San Rafael Police Department)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
5. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF UP80-84 - BY CALIFORNIA GRADUATE
SCHOOL OF MARITAL AND FAMILY THERAPY, 39 TRELLIS DRIVE, DIXIE SCHOOL DISTRICT, OWNER,
STANLEY A. FEINGOLD, REPRESENTATIVE FOR APELLANT AP 175-060-01 P1 - File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Moore outlined the background of the problem, stating that prior to Planning
Commission approval of a Use Permit application the Graduate School established their program
at the Don Timoteo School. The application was filed in June 1980 and occupation of the site
by the Graduate School was in September 1980. Ms. Moore stated that the issues are: Is the
use appropriate for the site and compatible with surrounding land uses, and: Has the applicant
diligently endeavored to mitigate adverse effects from the use, namely hours of operation and
parking.
Staff is recommending that the matter be continued until the March 9, 1981 meeting, so the
mitigation measures of hours and parking can be monitored. Council then heard from resident
Barbara Den -Otter, who voiced objections to hours of operation and parking, and stated that
this is a commercial venture and does not belong in a residential neighborhood. She expressed
concern that when the youth athletic programs are conducted in the Spring and Summer the
parking congestion will be worse. She also stated that the school is recruiting for next
semester and wondered about the possibility of the school expanding, since there is approxi-
mately a 70% vacancy in the Don Timoteo School building.
Janice Toussaint of Dixie School District stated that the District had been under the impression
that a conditional Use Permit had been granted, at the time they allowed the Graduate School to
move into the Don Timoteo School building. When questioned by Mayor Mulryan about possible
rental of the unused portion of Don Timoteo School building, Ms. Toussaint stated that the
District has no intention at present of any further use of the building, and stated that the
vacancy rate is between 65 and 70%.
Attorney Stanley A. Feingold, representing the Graduate School, stated that there world be a
disastrous effect if the school had to be closed at this point in time, and that they have
mitigated the problem of hours by closing at 9:00 PM on Monday and Wednesday, Tuesday closing
is now 9:30 PM and within the next four weeks this will probably change to 9:00 PM also. No
late use is comtemplated on Friday, Saturday or Sunday.
There being no further public input, the hearing was closed.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to continue
the hearing to March 9, 1981, so that staff can monitor the hours and the parking and be in a
position to notify the Council if there is a major change.
Planning Director Moore added, under discussion, that Attorney Feingold was requested to give
her information on the mitigation measures within the next week to assist them in their evalua-
tion. Mr. Feingold asked Ms. Moore how this use connects with the Northgate Activity Center
Plan, and Ms. Moore replied that the percentage of change should not be significant to the
Plan.
Mayor Mulryan added that in the staff evaluation the figures regarding usage by youth sports
activities for the past few years should be studied.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
6. PUBLIC HEARING - PROPOSED ZONING CHANGE Z80-17 - 1116 LINCOLN AVENUE, AP 11-226-13), FROM:
R-4 TRANSIENT RESIDENTIAL DISTRICT, T0C-1 RESTRICTED COMMERCIAL DISTRICT, INITIATED BY
AURELIA GEISTER, HAROLD GEISTER, REP.(Pb1 - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
The staff report indicated that the rezoning request was to permit a beauty salon on the site,
and indicated that there formerly was a dental office in the same location.
Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the negative
declaration.
416
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & 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 of San Rafael,
California, so as to Reclassify Certain Real Property from R-4 (Transient Residential) District
to C-1 (Restricted Commercial) District (1116 Lincoln Avenue), and numbering Charter Ordinance
No. 1387, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
7. PUBLIC HEARING - ABANDONMENT OF PORTION OF MEADOW AVENUE RIGHT-OF-WAY (PW) - File 2-12
Mayor Mulryan declared the public hearing opened.
Acting Public Works Director Bernardi informed the Council that staff was recommending vacation
of a portion of Meadow Avenue right-of-way at Redding Way, subject to two conditions: 1) That
the portion to be abandoned be merged with the adjacent lot (AP 13-212-15), and 2) That the
portion to be abandoned shall be rezoned to an appropriate residential zone.
There being no public input, the public hearing was closed.
RESOLUTION NO. 6061 - ORDERING VACATION OF PORTION OF MEADOW AVENUE, SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
8. PUBLIC HEARING - REQUEST FOR RATE INCREASE - VIACOM CABLEVISION (CM) - File 9-7-4
Mayor Mulryan declared the public hearing opened.
City Manager Beyer informed the Council that one question which staff desires to look into
further is the fact that Viacom is claiming that under AB 699 they may modify their rate
structure without the permission of the City Council if they meet certain conditions. Viacom
has indicated that they would rather have the Council's approval, however.
Assistant to the City Manager Barbier briefed the Council on the staff report which he had
prepared jointly with Finance Director/Treasurer Coleman, indicating that Viacom is requesting
the primary cable rate be increased from $6.50 (aerial) and $7.00 (underground) to $8.95, with
a secondary outlet going from $2.25 to $2.75. Bulk rates would also be affected as well as
reconnect charges. The twelve channel system would be increased to twenty-three channels and,
in addition, four premium channels would also be offered. There are approximately 16,000
subscribers in the City of San Rafael. The staff report indicated that the main concern
regarding the increased rate is that many citizens may not want the upgraded twenty-three
channel system, but would be forced to pay for it in the basic rate.
Staff is requesting that the public hearing be continued, after hearing of testimony, to the
meeting of March 9, 1981, to allow staff adequate time to review general aspects of the rate
request proposal prior to making a specific recommendation to the City Council concerning this
rate increase request.
Council then heard from Mr. L. Kent Rasmussen, Vice President and General Manager of Viacom,
describing the proposed upgrading of service from the Big Rock satellite station, rebuilding of
the San Rafael plant, and the purchase of the multi -channel converters which will be needed by
each subscribing household.
Mayor Mulryan stated that he did not like to force people to take the twenty-three channels if
they are satisfied with twelve.
The rate of return was then discussed between the Council and Mr. Rasmussen and the Council
agreed that Viacom is doing very well in this regard.
Helen Weiss, Director of Marin Community Video Services, then addressed the Council, stating
that AB 699 is a sunset bill, and will end on January 1, 1984. She pointed out that Marin 11,
the single public access channel provided by Viacom, shows other than community service pro-
grams. Ms. Weiss also questioned why Viacom would limit an expanded service to twenty-three
stations rather than twice that amount, and offered to provide Council with information on what
other cable companies are doing for their subscribers.
Mr. Jerry Taylor informed the Council that in Los Angeles the rate is only $7.50, with forty
channels, and that he feels a rebate is due all subscribers for that reason.
Mr. Kenneth Levy stated that in the past he had trouble with Viacom, but that they are now
quite public relations minded, and he feels that the Council should accede to their expanded
program with the higher rates since they are trying to do something for the community.
Mr. Rasmussen assured the Council that no subscriber will be charged the higher rate until the
converter has been installed so that twenty-three channels are being received.
417
Mayor Mulryan declared the public hearing continued to March 9, 1981.
9. IMPLEMENTATION ACTIONS FOR PEACOCK GAP NEIGHBORHOOD PLAN (P1) - File 166
a. Annexation of San Marino Court Properties.
b. Correspondence to Board of supervisors re County Implementation of the Neighborhood
Plan.
This item was continued to the March 9, 1981 meeting, since Councilmember Miskimen does not
vote on Peacock Gap Neighborhood Plan matters due to a conflict of interest and therefore there
would not be a quorum.
10. REPORT ON ACTIVITIES OF CITIZENS' ADVISORY COMMITTEE ON ENERGY (PW) - File 9-2-34
Acting Public Works Director Bernardi informed the Council that he and Councilmember Breiner
had interviewed the seven applicants for the vacancy on the Committee and recommeded appointment
of Sidney Pankin and Douglas Pittman. Since committee member Etta Allen has moved outside the
City limits and must therefore resign, this would bring the number of committee members to seven.
A listing of their goals was also submitted.
Councilmember Breiner moved and Councilmember Miskimen seconded, to appoint Sidney Pankin and
Douglas Pittman to the CAC on Energy, terms expiring in November 1981.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
Councilmember Breiner then moved and Councilmember Miskimen seconded, to approve the goals set
by the CAC on Energy.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
Councilmember Breiner stated that she would like to see an in-house awareness of energy conser-
vation, such as turning off lights in rooms not in use, watching the thermostats, and like
measures.
11. REPORT ON APPLICATIONS FOR TECHNICAL ADVISORY COMMITTEE TO THE CULTURAL AFFAIRS COMMISSION (CC)
- File 9-2-24
Council reviewed a staff report indicating that there is a total of three applicants for the
three vacancies on the Technical Advisory Committee to the Cultural Affairs Commission.
Richard W. Best and Dane Larsen have already been interviewed, and a third application was
received within the application period, from Jane King Fairchild.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to appoint
Richard W. Best, Dane Larsen and Jane King Fairchild to the Technical Advisory Committee, and
to waive interviewing Jane King Fairchild since she is well known to the Council.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
12. EVALUATION OF POLICE ADVISORY COMMISSION (CM) - File 9-2-28
Council reviewed a staff report from City Manager Beyer, in which he reviewed the actions taken
by the Commission in the past year, and recommended the Commission continue to function for
another year to allow for further analysis of its operation now that it has had a sufficient
orientation period. At that time determination could be made as to whether the Commission is
accomplishing its stated purpose. The additional time would allow the Commission to further
review specific policies and procedures as to the actual application and internal review within
the department.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to allow the
Police Advisory Commission to continue for another year and decide at that time whether it
should be disbanded or considered as a permanent Commission.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
13. REPORT ON REOUEST ON TIMING TO UPGRADE THE SUBDIVISION ORDINANCE (CD/P1) - File 5-1 x 9-3-17
Council accepted a report from Planning Director Moore, indicating that work on the upgrading
of the Subdivision Ordinance can commence during May, and be completed by late 1981 or early
1982. Ms. Moore pointed out to the Council that the revision of the Subdivision Ordinance is a
major work program task involving considerable interdepartmental staff effort and public review
and input. Also, it must complement the Housing Element revision and work of the Citizens'
Advisory Committee on Energy.
418
14. FINAL ADOPTION - ORDINANCE NO. 1385 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM R-2 DUPLEX RESIDENTIAL DISTRICT, TO R-1 SINGLE FAMILY
f t o e
- r i i e lu-s
CHARTER ORDINANCE NO. 1385 - Amending the Zoning Map of the City of San Rafael, Adopted by
Reference by Section 14.15.020 of the Municipal Code of San Rafael, so as to Reclassify Certain
Real Property from R-2 (Duplex Residential) District, to R-1 (Single Family Residential)
District (510 Belle Avenue), was adopted as an Ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
15. FINAL ADOPTION - ORDINANCE NO. 1386 - REPEALING CHAPTER 10.91 OF THE MUNICIPAL CODE OF THE
CITY OF SAN RAFAEL, AS ADOPTED BY ORDINANCE NO. 1368, ENTITLED "POSTING OF GASOLINE PRICES"
CA - File 125
CHARTER ORDINANCE NO. 1386 - Repealing Chapter 10.91 of the Municipal Code of the City of San
Rafael, as Adopted by Ordinance No. 1368, Entitled "Posting of Gasoline Prices", was adopted as
an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
16. REQUEST FOR ACCEPTANCE OF LATE APPEAL - V80-17 - CONDITIONAL APPROVAL OF VARIANCE, 33 McCOY
ROAD; GEORGE & MARY FREESE, OWNERS, RONALD R. HAM, REP., JOHN R. WOLF, APPELLANT, AP 13-172-04
P1 - File 10-2
Council considered a staff report, recommending against acceptance of the late appeal, and
questioning its propriety since the Zonign Ordinance clearly sets forth a mandatory time frame
for receipt of appeals, by use of the word "shall".
Mr. John Wolf addressed the Council, stating that in his opinion the Planning Commission's
decision was not a final one since the granting of the variance was on certain conditions which
have not yet been satisfied.
Ms. Moore stated that Mr. Wolf's interpretation was not the intent of the appeal period speci-
fied in the Zoning and Subdivision Ordinances.
Attorney Bryan McCarthy, representing the owner of the property at 33 McCoy Road, stated that
he is in agreement with the City's interpretation of the time period, and that the word "shall"
is mandatory.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to deny
acceptance of the late appeal.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
17. APPROVAL OF 1981/82 URBAN THOROUGHFARE PROJECTS (PW) - File 4-13-8
Council reviewed a staff report from Acting Public Works Director Bernardi, indicating that the
Urban Thoroughfare Committee has approved the first phase of the project work to upgrade the
traffic signal system on Second, Third and Irwin streets by adding mast arms. The total cost
of this first phase is approximately $50,000. The City is obligated to provide 50% of the cost
($25,000), with the remainder ($25,000) coming from Urban Thoroughfare funds.
RESOLUTION NO. 6062 - RESOLUTION REQUESTING ALLOCATION OF URBAN THOROUGHFARE FUNDS FOR 1981/82
($25,000)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
18. REPORT ON 1980 CRIME STATISTICS FOR SAN RAFAEL (PD) - File 9-3-30
Council accepted the report submitted by Police Chief Benaderet, indicating a decrease in Part
I crimes (rape, burglary and auto theft) for 1980 compared to 1979. Council referred the
matter of the Police Foot Patrol to the Police Advisory Commission for evaluation and report
back. Council also asked Chief Benederet for comparison data on crime statistics when they
have been received from the State and from the FBI.
GENERAL TOPICS FOR DISCUSSION, AS REQUESTED BY MAYOR AND COUNCILMEMBERS
19. APPOINTMENTS TO BOARDS AND COMMISSIONS:
a. Report from Councilmembers Breiner and Nixon re Policy on Appointments to Boards and
Commissions - File 9-1-2
419
Council discussed the proposed policy, and agreed on the addition of Item 9 - spelling
out clearly that all applicants for boards and commissions must be residents of th eCity
of San Rafael.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the proposed
policy, with the addition of Item 9 on residency requirement.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
b. Recognition of Appointed Boards and Commissions - File 9-1
Councilmember Breiner moved and Councilmember Miskimen seconded, that the Council
recognize the individuals who serve on the City's advisory boards and commissions by
hosting a reception in their honor at Falkirk as soon as it can be arranged.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
ADD ITEMS:
I REVERSAL OF OFFSHORE OIL BAN - File 9-1
Mayor Mulryan stated he would like the Council to take a position, for the benefit of
the electorate, to oppose the decision of Interior Secretary James Watt to include the
Marin and Sonoma coasts in a proposed sale of offshore oil and gas leases.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to ask
staff to prepare a letter to Interior Secretary James Watt, indicating the Council's
opposition to his decision, and that copies of the letter be sent to Senators Cranston
and Hayakawa, and to Congressman Burton.
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
II CONTRACT WITH LARRY SEEMAN ASSOCIATES FOR PREPARATION OF NEIGHBORHOOD 13/14 PLAN MAPS
P1 - File 4-3-75 x 178
RESOLUTION NO. 6063 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Larry Seeman Associates, for Preparation of Neighborhood 13/14 Plan Maps, not to
exceed $1,220)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
CLOSED SESSION
20. The City Council adjourned to Closed Session to discuss pending litigation and personnel
matters.
UEANNE M. LEONCIN City Clerk
APPROVED THIS 9 p DAY OF 9 1981
oma,_
MAYOR OF THE CITY OF SAN RAFA L
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