HomeMy WebLinkAboutMinutes 1973-1977 pt. 275
In the Council Chambers of the City Hall, City of San Rafael, Monday, May 13, 1974 at 8:00 O'Clock
P.M.
Adjourned Regular Meeting:
All members(with the exception of Councilman Jensen) of the City Council of the City of San Rafael,
California, being absent from the adjourned regular meeting of said City Council which was to be
held on May 13, 1974, at 8:00 p.m., in the Council Chambers, City Hall, 1400 Fifth Avenue, San
Rafael, California, the undersigned hereby orders and declares said meeting adjourned to June 3,
1974 at 8:00 p.m.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF
19 .
MAYOR OF THE CIT OF SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Monday, June 3, 1974 at 7:30 O'Clock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan., Councilman
Jack G. Nixon, Councilman
Also Present: City Manager William J. Bielser
City Attorney Fred C. Robbins, Jr.
City Clerk Marion A. Grady
The San Rafael City Council met in executive session in Room 201 of the San Rafael City Hall at
7:30 p.m. with City Manager Bielser and City Attorney Robbins in regard to negotiations with employees.
�Ct�Lc-�„• �- Gt �t a G�
MARION A. GRADY, City Cle
APPROVED THIS 7PDAY OF 19 % f
MAYOR OF THE CITY OF SAN RAFAEL
76
In the Council Chambers of the City of San Rafael, Monday, June 3, 1974, at 8:00 O'Clock P.
Regular Meeting:
RE: REPORT ON EXECUTIVE SESSION
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilm
Jack G. Nixon, Councilman
Mayor Bettini reported on the executive session for discussion of employee negotiations. No action
was taken.
RE: CONSENT CALENDAR
Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to approve the re-
commended action of the following consent calendar items:
Item Recommended Action
Approval of Minutes: Special and Regular Meetings of May 6, 1974. Approve as mailed.
Report on Bids - Boyd Museum House, File 4-1-215 Accept staff report concern-
ing readvertising for bids.
Request for Appointment of City Representative to the International Appoint San Rafael Billfish
Billfish Tournament. File 9-5-B as City's representative.
RE: REPORT ON FORBES QUARRY - FILE 100
This item was continued two weeks at the request of the property owners, to allow time for further
discussion with City staff relative to use of the property.
RE: FINAL ADOPTION - ORDINANCE NO. 1150 REGARDING FIRE DETECTION DEVICES AND AUTOMATIC SPRINKLER
SYSTEMS - FILE 9-3-31 x 1-6 x 10-3
Mayor Bettini declared the public hearing open. There were no speakers from the audience and the
public hearing was closed.
CHARTER ORDINANCE NO. 1150 - An ordinance of the City of San Rafael amending Title 19, Chapter 19.10
of the Uniform Fire Code and amending Article 13, Sections 13.307 and 13.316 of the Uniform Fire
Code, 1971 Editions, as adopted, relating to Fire Alarm and Detection Devices and Automatic Sprinkler
Systems and adopting by reference the National Fire Protection Association Pamphlets, was passed and
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Mayor Bettini opened the public hearing.
Director of Public Works Caillouette presented a report from the property owners in which they with-
drew their objections subject to the elimination of levee reconstruction or development except for
50 feet. The recommendation of staff and the Assessment District Counsel, Mr. Ness, was to continue
the hearing until July 1, 1974 at 8:00 p.m.
RESOLUTION NO.4719 - RESOLUTION CONTINUING HEARING AND ALL MATTERS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: LEVEE EASEMENT - 490 CANAL STREET - FILE 2-12 x 2-5
Mayor Bettini opened the public hearing on the proposed abandonment.
City Manager Bielser gave the staff recommendation that the 20 -foot levee easement be abandoned and
the Council accept a new easement in the proper location. The Council had received a written report
from the Director of Public Works. There were no speakders from the audience, and the public hear-
ing was declared closed.
RESOLUTION NO. 4720 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS -
(20 ft. levee easement, 490 Canal St.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
77
RESOLUTION NO. 4721 - RESOLUTION ACCEPTING GRANT OF LEVEE EASEMENT - (for construction, maintenance,
and access - 490 Canal St.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF PLANNING COMMISSION DECISION - REEVALUATION OF SIGN STANDARDS FOR MONTECITO SHOPPING
CENTER, BY STANDARD BRANDS PAINT COMPANY - FILE 10-11
Mayor Bettini opened the public hearing and asked for a staff report.
Planning Director Hotchner advised that the Council has been furnished with a complete file on this '
item, including the planning staff report; sign standards adopted by Planning Commission for Montecito
Shopping Center on December 7, 1971, and as approved on February 7, 1972; Planning Commission minutes
of February 5, 1974 relating to policy guidelines under sign review; and the minutes of March 12,
1974 wherein the sign standards for the Montecito Center were revised. Council also received copies
of correspondence from citizens requesting that the requirements of the Sign Ordinance and the
Planning Commission conditions be met. He stated that the issue at this hearing is whether there
should be a replacement approved for the existing sign on which the amortization period has expired.
Mr. M. S. Wager, represented Standard Brands Paint Company and asked that he be permitted to replace
the existing free-standing sigh (which has to be removed) with a 36 square foot, 21 foot high free-
standing sign. He contended that this could have been allowed any time during the last two years but
his application was held up by various delays and the Planning Commission has now revised the sign
standards for the Montecito Shopping Center.
Persons speaking in opposition to the appeal and requesting that the Planning Commission decision be
upheld were Sue Lifschiz, 27 Dunfries Terrace, and Dr. Stanley Hellman, president of the East San
Rafael Council.
Mr. Sam Gottlieb, owner of Sams Restaurant, spoke in favor of the appeal and stated that the busines-
ses in the Center depend on the signs for identification.
Mayor Bettini closed the public hearing.
Motion by Councilman Miskimen, second by Councilman Jensen, that the appeal be denied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF PLANNING COMMISSION DECISION - VARIANCE FOR SIGNS AT 507 FRANCISCO BOULEVARD (V73-38 -
DOMINIC'S HARBOR RESTAURANT - FILE 10-11
Mayor Bettini declared the hearing open. The public hearing was continued to the meeting of June 17,
1974, at the request of the applicant.
RE: FINAL ADOPTION - ORDINANCE NO. 1144 PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL -
FILE 9-1 x 7-3-2
CHARTER ORDINANCE NO. 1144 - An ordinance of the City of San Rafael providing for cost of living in-
crease for City Council was passed and adopted as an ordinance of the City of San Rafael by the follow-
ing vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1145 PERTAINING TO MAINTENANCE OF PROPERTY, AND PROPERTY NUISANCES
AND ABATEMENT THEREOF - FILE 13-9
CHARTER ORDINANCE NO. 1145 - An ordinance of the City of San Rafael amending Title 1 of the Municipal
Code of the City of San Rafael by adding a new Chapter thereto entitled Chapter 1.20 pertaining to
maintenance of property and property nuisances and abatement thereof, was passed and adopted as an
ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1146 AMENDING TITLE 5 BY ADDING SECTION 5.08.052, ENTITLED
TRAFFIC ENGINEER - FILE 9-3-40
CHARTER ORDINANCE NO. 1146 - An ordinance of the City of San Rafael amending Title 5, Chapter 5.08,
entitled Rules of Construction and Definitions of the Municipal Code of the City of San Rafael by
adding thereto Section 5.08.052 entitled Traffic Engineer, was passed and adopted as an ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
78
RE: FINAL ADOPTION - ORDINANCE NO. 1147 CHANGING FIVE-HOUR PARKING METERS ON HETHERTON STREET TO TEN-
HOUR METERS - FILE 11-18 x 11-8
CHARTER ORDINANCE NO. 1147 - An ordinance of the City of San Rafael amending Title 5, Chapter 5.60,
Sections 5.60.065 and 5.60.068 of the Municipal Code of the City of San Rafael, deleting certain por-
tions of Section 5.60.065 and adding that deleted portion to Section 5.60.068, was passed and adopted
as an ordinance of the City of San Rafael by the following vote, towit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1148, REGULATION OF USE OF PARK AND RECREATION FACILITIES - FILE
12-15
CHARTER ORDINANCE NO. 1148 - An ordinance of the City of San Rafael amending Title 2 Chapter 2.16, Section
2.16.028, Regulation of Use of Park and/or Recreation Facilities, was passed and adopted as an ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1149 PROVIDING FOR RIGHT OF ENTRY FOR PUBLIC WORKS DEPARTMENT -
FILE 10-3 x 9-3-40
CHARTER ORDINANCE NO. 1149 - An ordinance of the City of San Rafael amending Title 11 by adding there-
to Chapter 11.40 entitled Right of Entry, was passed and adopted as an ordinance of the City of San
Rafael by the following vote to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE ADJUSTING SPEED LIMITS ON LINCOLN AVENUE AND "D" STREET - FILE 11-12.1
An ordinance of the City of San Rafael Re Speed Limit Increases on Lincoln Avenue (from Highway 101
to Linden Lane) and "D" Street (from First Street to Antoinette Avenue) pursuant to Section 22357 of
the California Vehicle Code, and numbering Charter Ordinance No. 1151, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
RE: REPORT ON COUNTRY CLUB ANNEXATION LITIGATION - FILE 5-2-60
City Attorney Robbins advised that he will submit a response to the Alternative Writ of Mandate before
June 20, 1974 and recommended that the Council take no action prior to the Appellate Court determina-
tion.
RE: REPORT ON LINCOLN HOTEL COMPLIANCE - FILE 3-6
The City Council accepted the staff report that the property owner is making a legitimate attempt to
comply and continued the item for two weeks for a progress report from the City staff.
RE: ENCROACHMENT PERMIT REQUEST - BRUCE R. AND CAROL G. DESMOND - FILE 2-11 x 4-11-48
Mrs. Carol Desmond, 36 Canyon Oak Drive, asked approval of an encroachment permit for construction of
a swimming pool deck and equipment on a City easement and agreed to a Covenant Running with the Land
to hold the City harmless from any damage.
Motion by Councilman Mulryan, second by Councilman Miskimen, and unanimously carried. to approve the
Encroachment Permit as requested.
RESOLUTION NO. 4740 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Covenant Running
with the Land - Bruce R. Desmond and Carol G. Desmond)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR INSTALLATION OF STOP SIGN AT MISSION AND UNION STREETS - FILE 11-9
A request by Mr. Cliff Elbing, 17 Broadview Ct., for stop signs at the corner of Mission and Union
Streets was referred to the Traffic Committee for review.
RE: COMMUNICATION FROM BELL SAVINGS & LOAN REGARDING THE EL MARINERO PROJECT - FILE 10-2
This item was continued at the request of the City Attorney and Attorney Albert Bianchi to the meeting
of June 17, 1974
79
RE: AWARD OF CONTRACT - FIFTH AVENUE AND LOOTENS PLACE PARKING LOT - PROJECT NO. 9001-74.199.5 -
FILE 4-1-214
Motion by Councilman Mulryan, second by Councilman Miskimen, to award the contract to the low bidder
conditional on the execution of agreement with the Redevelopment Agency for financing.
RESOLUTION NO. 4722 - RESOLUTION OF AWARD OF CONTRACT (for work -Fifth Avenue and Lootens
Place Parking Lot, to Bresnan-Dalecio, Inc. in the amount of $15,622.55 ---
conditional on agreement for financing with Redevelopment Agency)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCES ADOPTING UNIFORM BUILDING CODE AND RELATED CODES, 1973 EDITION - FILE 1-6 x 10-3
The Council received the staff recommendation that the proposed ordinances, adopting by reference
various building codes with certain amendments and including the right of entry by the Building De-
partment previously requested by the Council, be ppssed to print and public hearings be set for July
1, 1974. There were no speakers from the audience.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to read Ordinance
No. 1152 by title only.
The City Clerk read the title of Ordinance No. 1152.
Motion by Councilman Mulryan, second by Councilman Nixon, that ordinance No. 1152 be passed to print
and public hearing be set for July 1, 1974.
An ordinance of the City of San Rafael adopting by reference the Uniform Building Code, 1973 Edition,
including the Appendix thereof, and the Secondary Code, Uniform Building Code Standards, 1973 Edition,
with certain amendments thereto, and numbering Charter Ordinance No. 1152, was passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to read Ordinance
No. 1153 by title only.
The City Clerk read the title of Ordinance No. 1153•
Motion by Councilman Nixon, second by Councilman Miskimen, that Ordinance No. 1153 be passed to print
and public hearing be set for July 1, 1974.
An ordinance amending Chapter 12.14 of the San Rafael Municipal Code by adopting by reference the
1973 Edition of the Uniform Mechanical Code, with certain amendments, additions and deletions thereto,.
and numbering Charter Ordinance No. 1153, was passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to read Ordinance
No. 1154 by title only.
City Clerk Grady read the title of Ordinance No. 1154.
Motion by Councilman Jensen, second by Councilman Nixon, that Ordinance No. 1154 be passed to print
and public hearing be set for July 1, 1974•
An ordinance amending Chapter 12.28 of the San Rafael Municipal Code by adopting by reference the
"Uniform Code for the Abatement of Dangerious Buildings,'' 1973 Edition, in place and stead of the
Uniform Building Code Volume IV Dangerous Buildings, and making certain amendments thereto, and number-
ing Charter Ordinance No. 1154, was passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to read Ordinance
No. 1155 by title only.
City Clerk Grady read the title of Ordinance No. 1155•
Motion by Councilman Jensen, second by Councilman Mulryan, that Ordinance No. 1155 be passed to print
and public hearing be set for July 1, 1974.
An ordinance of the City of San Rafael amending Chapter 12.16 of the San Rafael Municipal Code entitled
Uniform Plumbing Code, 1973 Edition, and numbering Charter Ordinance No. 1155, was passed to print by
the following vote, to wit:
N
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Miskimen, second by Counci-lman Nixon and unanimously carried, to read Ordinance
No. 1156 by title only.
City Clerk Grady read the title of Ordinance No. 1156.
Motion by Councilman Nixon, second by Councilman Jensen, that Ordinance No. 1156 be passed to print and
public hearing be set for July 1, 1974.
An ordinance of the City of San Rafael, adopting by reference the Uniform Swimming Pool Code, 1973
Edition, with certain amendments thereto, and numbering Charter Ordinance No. 1156, was passed to
print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to read Ordinance
No. 1157 by title only.
City Clerk Grady read the title of Ordinance No. 1157.
Motion by Councilman Jensen, second by Councilman Nixon, that Ordinance No. 1157 be passed to print an
public hearing be set for July 1, 1974•
An ordinance amending Chapter 12.26 of the San Rafael Municipal Code by adopting by reference the 1973
Edition of the Uniform Housing Code in place and stead of the 1967 Edition of the Uniform Building Code,
Volume III, Housing, and making certain amendments thereto, and numbering Charter Ordinance No. 1157,
was passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen and Councilman Nixon left the Council Chambers.
RE: SETTING FEES FOR INSTALLATION PERMIT FOR MOBILE HOME - FILE 9-10-2
Chief Building Inspector Coates recommended that the City Council adopt a resolution naming the applica-
tion filing fee and reinspection fee for installation and connection of utilities to a mobile home,
as required in Section 5078.2 of Chapter 5, Title 25, of the California Administrative Code.
RESOLUTION NO. 4723 - RESOLUTION SETTING FEES FOR AN INSTALLATION PERMIT FOR MOBILE HOME.
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen and Nixon
Councilman Miskimen and Councilman Nixon returned to the Council Chambers.
RE: JOINT POWERS AGREEMENT - SAN RAFAEL SCHOOL DISTRICT - FILE 4-7-9
RESOLUTION NO. 4724 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Joint Powers
Agreement, dated April 23, 1974, for mutual resurfacing project)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MARIN BAY IMPROVEMENT DISTRICT NO. 2 - FILE NO. 6-10
RESOLUTION NO. 4725 - RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - MARIN BAY IMPROVE-
MENT DISTRICT NO. 2 (and setting public hearing for July 1, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: NORTHGATE INDUSTRIAL PARK NO. 1 - FILE NO. 6-18
RESOLUTION NO. 4726 - A RESOLUTION OF INTENTION TO MAKE CHANGES AND MODIFICATIONS - NORTHGATE IN-
DUSTRIAL PARK UNIT NO. 1.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PURCHASE OPTION OF McKEON PROPERTY - "PICKLEWEED PARK" - FILE 2-1-4
RESOLUTION NO. 4727 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY MANAGER TO EXERCISE OPTION ON EXTENSION OF KERNER-BELLAM
BOULEVARD, BETTER KNOWN AS PICKLEWEED PARK, AND AUTHORIZING THE MAYOF
AND CITY CLERK TO SIGN THE NECESSARY DOCUMENTS FOR THE PURCHASE OF
SAID PROPERTY.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON ACQUISITION OF PURDY AND MARIN YACHT CLUB PROPERTIES - FILE 2-7.1
After receiving a report from City Manager Bielser relative to an application for 50 percent matching
grant for the acquisition of the above properties, the following action was taken:
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to authorize the
staff to complete the necessary papers and applications for submittal of a grant to the Bureau of
Outdoor Recreation for the "Purdy" and "Marin Yacht Club" properties.
RESOLUTION NO. 4728 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the Bureau
of Outdoor Recreation for Land and Water Conservation Funds)
AYES: COUNCLLMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL MAP - THE DOMINICAN, A CONDOMINIUM - FILE 5-1-218
RESOLUTION NO. 4729 - RESOLUTION APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED "THE
DOMINICAN, A CONDOMINIUM"
AYES:
NOES:
ABSENT:
COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
COUNCILMEN: None
COUNCILMEN: None
RE: FINAL MAP - CORTE MESA SUBDIVISION DEVELOPMENT - FILE 5-1-219
RESOLUTION NO. 4730 - RESOLUTION APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED
''CORTE MESA, A 28 UNIT CONDOMINIUM'(and authorizing the Mayor and
City Clerk to sign the Subdivision Agreement)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REAPPOINTMENT OF PLANNING COMMISSIONERS - FILE 9-2-6
Motion by Councilman Jensen, second by Councilman Nixon, that Benjamin C. Albritton and Dorothy L.
Breiner be reappointed to the Planning Commission for four-year_ terms to expire in July of 1978.
RE: ORDINANCE FIXING COMPENSATION FOR VARIOUS CITY OFFICIALS - FILE 9-3
An ordinance of the City of San Rafael amending Title 2, Chapter 2.08, Sections 2.08.120, 2.08.150 and
2.08.180, fixing compensation of City Treasurer and Tax Collector, City Clerk and Assessor and Chief
of Police, and numbering Charter Ordinance No. 1158, was read, introduced and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COUNCIL REORGANIZATION - FILE 9-1 x 12-7
Motion by Councilman Jensen, second by Councilman Miskimen, to reappoint Councilman Miskimen to the
office of Vice -President for a one year term.
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: Mulryan and Nixon
ABSENT: COUNCILMEN: None
Councilman Mulryan left the Council Chambers.
Motion by Councilman Nixon, second by Councilman Miskimen, to reappoint Councilman Jensen to the
Sanitation District for a one year term.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Councilman Mulryan returned to the Council Chambers.
RE: PRESENTATION OF CITY BUDGET FOR FISCAL YEAR 1974-75 - FILE 8-5
The preliminary budget for fiscal year 1974-75 was presented to the Council and the budget hearing
82
schedule was amended by moving the Redevelopment budget hearing to June 10, 1974 and moving the San
Rafael Sanitation District, San Rafael Cayes Maintenance District and General Services budget hearings
to June 18, 1974.
RE: MARIN SANITARY SERVICE RATE INCREASE REQUEST - FILE 4-3-32
The City Council accepted the staff recommendation and scheduled a public hearing on a rate increase
request by Marin Sanitary Service for June 17, 1974.
RE: PRESENTATION OF RECREATION CENTER CONCEPTUAL PLANS - FILE 4-3-57 x 12-15
The Council received a presentation from Mr. Wagstaff of Wagstaff and McDonald Architects, expressed
satisfaction with the plans as presented and referred the item to the Parks and Recreation Commission.
RE: COMMUNICATION REGARDING UNINCORPORATED AREA FIRE PROTECTION - FILE 13-5
After the staff report and Council discussion, Councilman Nixon moved that the item be continued for
two weeks and the staff be instructed to contact the County of Marin requesting alternative methods of
fire protection that have been developed; second by Councilman Mulryan.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AGREEMENT WITH COUNTY OF MARIN FOR THE JOINT PREPARATION OF A GENERAL PLAN NOISE ELEMENT - FILE
115 x 4-13-35
Planning Director Hotchner presented the staff report and the Planning Commission recommendation that
the City join with the other cities and the County in the preparation of a Noise Element at a cost to
the City of San Rafael of $1,000. City Manager Bielser recommended that this cost be withheld from
the payment to the General Plan Consultants.
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to adopt a resolu-
tion of approval for the Mayor and City Clerk to sign the agreement and that the cost be deducted from
the payment to the General Plan Consultants.
RESOLUTION NO. 4731 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the County
of Marin for joint preparation of a General Plan Noise Element)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: GRANT OF EASEMENT FOR PUBLIC ACCESS AND CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - FILE 2-4
RESOLUTION NO. 4732 - RESOLUTION ACCEPTING GRANT OF PUBLIC ACCESS EASEMENT AND STORM DRAIN EASE-
MENT (Twentieth Century Builders, Inc. - 5 ft. wide public access easement
and 10 ft.+ storm drain easement)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: STATE LANDSCAPING PROJECT BETWEEN SECOND STREET AND MISSION AVENUE AND SIGN AND SIDEWALK CON-
STRUCTION AT SECOND, IRWIN AND HETHERTON STREETS - FILE
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the staff request and authorize
the use of the Chin Ho gift, approximately $7800, along with encumbered funds to finance this project
(City's share to be $23,000).
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION CONSENTING TO COMMENCE ANNEXATION PROCEEDINGS FOR KNOCKNABOUL WAY - FILE 5-2-64
RESOLUTION NO. 4733 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSENTING TO
THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN INHABITED
TERRITORY DESIGNED AS "KNOCKNABOUL ANNEXATION".
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REVIEW OF GRANT REQUEST PROPOSALS - FILE 9-3-30 x 4-10-73
After presentations by Assistant to the City Manager Meador and Deputy Chief Kelly regarding three
grant requests as summarized in staff memorandums dated May 30, 1974 which had been furnished to the
Council, there was discussion of the three proposals.
Motion by Councilman Nixon, second by Councilman Mulryan, to approve in concept the grant from the
California Council on Criminal Justice for a project designated as Marin Drug Enforcement Development.
RESOLUTION NO. 4734 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (authorizing the
Mayor to exe ute a Grant Award Contract for a Marin Drug Enforcement Develop-
ment Program
83
YES:
COUNCILMEN:
Miskimen, Mulryan,
Nixon and Mayor Bettini
DES:
COUNCILMEN:
Jensen
BSENT:
COUNCILMEN:
None
he other
two grant
requests pertaining
to a Management -by -Objectives program, with the funding
gencies
California
Council on Criminal
Justice and Advisory Coordinating Council on Public Personnel
anagement,
were continued
and will be
included in the upcoming budget discussions.
fNE: RECONSIDERATION OF NANNIZZI PROPERTY PURCHASE - FILE 2-1-48
At the suggestion of Councilman Jensen that the Council reconsider the price of $5,000 for this par-
cel, the staff was directed to obtain a reappraisal based on the use of the land. The City Attorney
was also directed to furnish a legal opinion relative to Council action on this item.
RE: REVIEW OF ENCROACHMENT PERMIT PROCEDURES - FILE 2-11
After discussion, Councilman Mulryan moved, second by Councilman Nixon, to continue the present pro-
cedure for issuing encroachment permits and to direct the Public Works Director to furnish a list of
permits issued in the Council packets.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24
Public Works Director Caillouette presented a request from Silva's Pipeline, Inc. for an extension
of contract time and recommended approval of extension to July 12, 1974. He also recommended autho-
rization for payment of a portion of Contractor's Retention Funds.
RESOLUTION NO. 4735 - RESOLUTION EXTENDING TIME FOR THE COMPETION OF CONTRACT (Bahia de Rafael
Industrial Park Assessment District - with Silva's Pipeline, Inc.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4736 - RESOLUTION AUTHORIZING PAYMENT OF A PORTION OF CONTRACTOR'S RETENTION
FUNDS IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF
SAN RAFAEL, CAOUNTY OF MARIN, STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL - ENCROACHMENT PERMIT DENIAL FOR RELIGIOUS BANNER ACROSS FOURTH STREET - FILE 2-I1
An appeal from the Public Works Department denial of an Encroachment Permit for a religious banner
across Fourth Street by Mr. Dennis Cheatham was denied and Mr. Cheatham was informed that Council
policy allows no exceptions to the rule that no banners be permitted.
RE: RESOLUTION OF APPRECIATION TO JEAN KELLY - FILE 102 x 104
RESOLUTION NO. 4737 - RESOLUTION OF APPRECIATION TO JEAN KELLY
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION COMMENDING THE CITY OF SALINAS ON ITS CENTENNIAL - FILE 102
RESOLUTION NO. 4738 - RESOLUTION COMMENDING THE CITY OF SALINAS, CALIFORNIA ON ITS CENTENNIAL
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned to June 4, 1974 at 7:30 p.m.
MARION A. GRADY, City Cler
APPROVED THIS �Z�LDAY OF 19
MAYOR OF THE CITY OF SAN RAFAEL
�w
In Room 201 of the City Hall of the City of San Rafael, Tuesday, June 4, 1974, at 7:30 p.m.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Courel lman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: BUDGET - FISCAL YEAR 1974-75 - FILE 8-5
The Council approved the operating budgets of the City Council, City Clerk, City Attorney, City
Manager, Personnel, Finance -Treasurer and Planning as presented. In addition, they added $7500 to
the Elections budget for November election on the Dollar Mansion.
The Council also adopted the Non -Departmental, Bond Retirement, San Rafael Sanitation, and the San
Rafael Cayes Maintenance District budgets, as presented.
The Council adjourned to Executive Session to discuss the hiring of personnel.
The Council reconvened in Open Session.
RE: AMENDMENT TO EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11
RESOLUTION NO. 4739 - A RESOLUTION AUTHORIZING THE SIGNING OF AMENDMENT TO AGREEMENT (with
William J. Bielser by extending for one additional year and setting
salary at $30,000.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council adjourned to June 10, 1974 at 7:30 p.m. for further budget hearings.
MARION A. GRADY, City Cler
APPROVED THIS 7/"/r DAY OF 19 % f.
MAYOR OF THE CI V OF SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Monday, June 10, 1974, at 7:30 p.m.
Adjourned Regular Meeting:
RE: BUDGET - FISCAL YEAR 1974-75 - FILE 8-5
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council approved the operating budget of the Public Works Department, Administration/Engineering,
Streets, Building Inspection and Parks Divisions, as presented. It was unanimously agreed to approve
the positions of Traffic Engineer and Code Enforcement Officer.
The City Council adjourned to act as the Redevelopment Agency.
The City Council reconvened in Executive Session to discuss negotiations on the firemen's contract.
The City Council adjourned to June 11, 1974 at 7:30 p.m. for further budget hearings.
MARION A. GRADY, City Clefk
APPROVED THIS 17117'_
%/7 DAY OF197
MAYOR OF THE CIT OF SAN RAFAEL
85
_T In Room 201 of the City Hall of the City of San Rafael, Tuesday, June 11, 1974 at 7:30 p.m.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: BUDGET - FISCAL YEAR 1974-75 - FILE 8-5
The Council approved the Library, Recreation, Police and Ftre Department operating budgets.
The Council instructed the City staff through the City Manager to study the advisability of a Com-
munity Development Director and report back before the conclusion of budget hearings.
The concept of two proposed rant requests pertaining to a Management -by -Objectives Pro ram was
P P P 9 9 P 99
unanimously approved by the Council.
RESOLUTION NO. 4741 - A RESOLUTION AUTHORIZING THE SIGNING OF A GRANT APPLICATION AND AGREEMENT
WITH CALIFORNIA COUNCIL ON CRIMINAL JUSTICE. - FILE 4-10-74
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4742 - A RESOLUTION AUTHORIZING THE SIGNING OF A GRANT APPLICATION AND AGREEMENT
WITH ADVISORY COORDINATING COUNCIL ON PUBLIC PERSONNEL MANAGEMENT. - FILE 4-10-75
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council adjourned to the regular meeting of June 17th, 1974.
MARION A. GRADY, City Clerk
APPROVED THIS 4ZLDAY OF 19 7
MAYOR OF THE CITY'OF SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Monday, June 17th, 1974 at 7:00 O'Clock PM.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent; Lawrence E. Mulryan Councilman
RE: EMPLOYEE NEGOTIATIONS - SAN RAFAEL FIREMEN'S LOCAL - FILE 7-8-2
The Council met in executive session and instructed City Manager Bielser to accept the counter-offer
of Firemen's Local 2208.
MARION A. GRADY, City Clerk
APPROVED THIS /r`�L' DAY OF _19-
.
MAYOR OF THE CITY`6F SAN RAFAEL
74
•
In the Council Chambers of the City of San Rafael, Monday, June 17, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: REPORT ON EXECUTIVE SESSION
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
City Manager Bielser reported regarding the 7:00 p.m. executive session on salary negotiations. He
advised that the Council had authorized the City Manager to accept the counter-offer of the Firemen's
Local No. 2208, consisting of an 8.2% salary increase, a contribution of $50 maximum per month towards
employee insurance costs, time and one-half for time in excess of 56 hours per week and 2% yearly sick
leave payment, to a maximum of 500. This will complete negotiations with employee groups.
RE: CONSENT CALENDAR
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to approve the re-
commended action of the following consent calendar items:
Item Recommended Action
Approval of Minutes: Special and Regular Meetings of June 3, 1974; Adjourned Approve as furnished to
Regular Meetings of June 4, 1974, June 10, 1974, and June 11, 1974. each Council Member.
Appeal of Planning Commission Approval - 4 -lot subdivision, S74-8 - FILE 10-8 Set public hearing for
8:00 p.m., July 1, 1974.
RE: PUBLIC HEARING - APPEAL, PLANNING COMMISSION DECISION - VARIANCE V73-38, SIGNS AT 507 FRANCISCO
BOULEVARD, DOMINIC'S HARBOR RESTAURANT - FILE 10-11
Mayor Bettini opened the public hearing. Planning Director Hotchner reported, relaying the background
information relative to the signs and the amortization period. He displayed slides of the Dominic's
Restaurant signs. Council had received copies of the Planning staff report, Planning Commission
minutes and the letter of appeal.
Mr. William H. McDevitt, appellant, was under the impression that the only sign which would remain
under the Planning Commission recommendation is located on the building and is barely visible from
Francisco Boulevard. He asked that, unless the lettered word ''Dominic's'' is allowed to remain on the
sign, they be restored to their position prior to the time they were put on the agenda as requesting
a variance.
Vice -Chairman Starkweather of the Planning Commission and Planning Director Hotchner clarified the
Commission action which extends the time for removal of the lettering and the replacement of the free
standing sign with a 36 square foot sign to December, 1974. Mr. McDevitt objected to the extension
because it would be irrevocable.
The Council discussed the possibility of extending the present sign until December, 1975, at which time
the entire sign (including ship and lettering) would be reviewed. The City Attorney's opinion was
that if the sign has some special significance the Council could reserve jurisdiction to review the
matter.
Mayor Bettini closed the public hearing.
Motion by Councilman Nixon, second by Councilman Jensen, to sustain the appeal subject to the follow-
ing conditions:
(a)j The 100 square foot wall sign located on the west wall of the building, the roof sign located
on the adjacent building near the entrance to the lot, and the 20 square foot freestanding
sign located at the entrance to the lot shall be removed within 90 days.
(b) The 176 square foot freestanding sign shall be permitted to remain until December 5, 1974.
The applicant shall be permitted at any time to replace that sign with a conforming 36
square foot freestanding sign on or near Francisco Boulevard visible to traffic.
(c) The large freestanding boat located in the parking lot shall be permitted to remain with
the lettering until December 5, 1975• Council reserves jurisdiction to make further
determination of the lettering and boat in connection therewith in December, 1975•
Mr. McDevitt stated that he agreed with the conditions.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan.
RE: APPEAL OF PLANNING COMMISSION DECISION - ED74-9 - ADDITION TO AN EXISTING BUILDING, 1295 SECOND
STREET, DAHNKEN, INC., OWNER - FILE 10-7
The Mayor opened the public hearing on the appeal by Mr. George Kerrigan of Planning Commission ap-
proval by a vote of 4-0. Planning Director Hotchner presented the staff report, stating that Council
had received copies of the staff report, Planning Commission minutes, the letter of appeal and letters
from adjacent residents expressing agreement with the Planning Commission decision.
Mr. George Kerrigan, owner of 710-714 C Street and the appellant, contended that there is inadequate
parking to support the addition, Dahnken's customers illegally park on his lot and, because of the
proximity of the parking district, Mr. Kerrigan is required to provide more parking than some of the
adjacent businesses.
Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Miskimen, that the appeal be denied and the Planning
Commission decision sustained.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
The staff was directed to review the boundaries of the parking district and report to Council.
RE: APPEAL OF PLANNING COMMISSION DECISION - GPC74-6, PARKING LOT LOCATED AT 1610 THIRD STREET,
FRANCES SKIVER AND PAUL BUCHOLZ, APPLICANTS - FILE 10-6
Mayor Bettini opened the public hearing.
City Attorney Robbins advised that the GPC Ordinance has expired and any action by the City Council
on this appeal would have no effect.
Mr. James Crisp, 25 Hayes Street, represented the appellants and Mr. J. H. Bacheller represented the
applicant.
Mayor Bettini declared the public hearing closed.
In view of the City Attorney's advice, no Council action was taken.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - GPC 74-5, TWO -LOT SUBDIVISION, 11 HILL-
SIDE AVENUE, PAUL FELTON, OWNER: RICHARD OLMSTEAD, REPRESENTATIVE - FILE 10-6
Mayor Bettini opened the public hearing. City Attorney Robbins explained that the GPC Ordinance has
expired and City Council action on the appeal would have no effect.
Mr. Alan Teitelbaum, appellant, expressed concern regarding subdivision of the property and was ad-
vised this could not be done without additional approval.
Mr. Richard Olmstead, Architect, represented the applicant.
Mayor Bettini closed the public hearing. No Council action was taken.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - VARIANCE TO PERMIT PARKING WITHIN FRONT
SETBACKS V74-3 - 490 CANAL STREET, BROUGHTON-HORNE, HENDRICKS, OWNER - FILE 10-4
Mayor Bettini opened the public hearing on the appeal, by the owner, of Planning Commission denial of
Variance V74-3 by a vote of 4-2.
Planning Director Hotchner presented the staff report, explaining the basis of the Planning Commission
denial, and stated that the Council has copies of the staff report, Planning Commission minutes and
letter of appeal. He advised that the applicant now has the right to build over the Canal. Granting
the variance request would permit his moving the building 10 feet closer to the Street with parking
in the front setback area and less infringement over the Canal area. Mr. Hotchner recommended that,
if the City Council desires to uphold the appeal, approval of the landscaping and materials be re-
ferred to the Planning Commission.
Mr. Richard T. Tarrant, Attorney for the applicant, asked for Council approval of the Variance to
grant a parking infringement in the setback area which would protect the Canal area.
Following discussion as to the impact of infringement on the Canal versus the setback area, Mayor
Bettini closed the public hearing.
Public Works Director Caillouette advised that, if the Variance is approved, an additional grant of
easement will be necessary.
Motion by Councilman Jensen, second by Councilman Nixon that the appeal be sustained and the Variance
(V74-3) approved, subject to the following conditions:
(1) That the Landscaping be subject to approval of the Planning Director.
(2) That an additional easement be granted to the City of San Rafael over the levy area
where necessary
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PUBLIC HEARING - MARIN SANITARY SERVICE RATE INCREASE REQUEST - FILE 4-3-32
Councilman Nixon advised that he would abstain from discussion and voting on this item since he is the
Agent for the Applicant in certain insurance policies. A statement so stating has been filed with
the City Clerk,
88
City Manager Bielser reported that the staff analysis shows a rate of return averaging 7.1 percent over
the three-year term of the agreement and recommended the rate increase be approved.
Mr. Albert Bianchi, Attorney representing Marin Sanitary Service, requested that the rate increase re-
quest be allowed.
RESOLUTION NO. 4747 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin
Sanitary Service - Amendment to Agreement)
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryn
ABSTAIN: COUNCILMEN: Nixon
RE: FINAL ADOPTION - ORDINANCE NO. 1151 ADJUSTING SPEED LIMITS ON LINCOLN AVENUE AND ON "D'' STREET -
FILE 11-12.1
CHARTER ORDINANCE 1151 -An ordinance of the City of San Rafael Re Speed Limit increases on Lincoln
Avenue and D Street pursuant to Section 22357 of the California Vehicle Code, was passed and adopted
as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: FINAL ADOPTION - ORDINANCE NO. 1158, AMENDING TITLE 2, CHAPTER 2.08, FIXING COMPENSATION OF CITY
TREASURER, CITY CLERK AND CHIEF OF POLICE - FILE 9-3
CHARTER ORDINANCE NO. 1158 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.08,
Sections 2.08.120, 2.08.150 and 2.08.180, fixing compensation of City Treasurer and Tax Collector,
City Clerk and Assessor and Chief of Police, was passed and adopted as an ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON FORBES QUARRY - FILE 100 X /_3
City Manager Bielser reported that the new owner has requested a continuance. Letters have been re-
ceived from many residents requesting that no quarry operation be permitted on this site.
There was Council discussion of the present status of the quarry and the City Attorney and staff
opinion that the nonconforming quarry status has been abandoned.
Mr. Tom Gioseffi, 38 Twin Oaks Avenue, and Mrs. Sherlock, 15 Quarry Road, addressed the Council and
were advised that residents would receive notification of a hearing for a use permit in the event an
application is filed.
Motion by Councilman Nixon, second by Councilman Miskimen, that the City's policy position with regard
to Assessors Parcel No. 11-051-23, Quarry site on Quarry Road, be as follows: The nonconforming quarry
status has been abandoned and no present right to do quarrying exists. Any attempt to do quarrying is
illegal unless a use permit is first applied for and obtained under Section 14.75.020g of the Munici-
pal Code.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: FIFTH AVENUE AND LOOTENS PLACE PARKING LOT - JOINT AGREEMENT, CITY OF SAN RAFAEL AND REDEVELOP-
MENT AGENCY - FILE 140 x 4-16-2
RESOLUTION NO. 4748 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with San
Rafael Redevelopment Agency - Repayment Agreement - Fifth and Lootens
Place Parking Lot)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: COMMUNICATION FROM BELL SAVINGS AND LOAN REGARDING EL MARINERO PROJECT - FILE 10-2
The Council received a report from City Attorney Robbins to the effect that the determination requested
is the definition of the word ''action'' as it relates to this item and whether Pacific Coast Holdings
Corporation has taken action required for the Architectural Approval to remain in effect thereby allow-
ing them to reapply for the building permits.
Mr. Albert Bianchi, Attorney, represented the applicant in seeking confirmation that sufficient action
has been taken so that permits issued remain in effect. He advised that, in addition to preliminary
planning preparation, the applicant has taken such action as demolishing a building, clearing the site,
grading, securing water and sewer permits, etc.
The Council discussed the action that was taken and the applicant's apparent intent to proceed.
9
Motion by Councilman Nixon, second by Councilman Jensen, that the Council make the determination that
Architectural Approval on the E1 Marinero project did not expire, on the basis that the applicant took
the appropriate action as required.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mylryan
RE: COMMUNICATION FROM COUNTY OF MARIN REGARDING UNINCORPORATED AREA FIRE PROTECTION - FILE 13 -
.City Manager Bielser reported on the meeting of City staff with County Supervisors and the list of
alternatives for fire protection in the unincorporated areas.
The County's request for reinstatement of first call fire protection service, at least until the
November election, was discussed.
Motion by Councilman Miskimen, second by Councilman Nixon, that the City agree to provide first res-
ponse basic fire protection within the unincorporated areas within the sphere of influence that are
not being covered by proper fire districts, with service to begin at 8:00 a.m., June 18, 1974, and
end at midnight, November 18, 1974, the first Council meeting after the election, or when it becomes
clear that a valid proposal is not going to be put on the ballot to solve the long-standing problem
that we are attempting to resolve.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: RECOMMENDATION OF PARKS AND RECREATION COMMISSION - CONCEPTUAL RECREATION CENTER PLANS - FILE
12-15
City Manager Bielser presented the Parks and Recreation Commission approval of the conceptual Plans
and recommendation that Council consider the removal of a small block building adjacent to the pro-
posed Center. He also advised that three neighborhood associations would like to be heard on this
matter.
Mr. Michael Flynn, President of the Gerstle Park Neighborhood Association, Mr. Alan Horobin, Picnic
Valley Homeowners Association, Elaine Goldman, Bret Harte area resident, and Dick Lee, 215 Bungalow
Avenue, addressed the Council with the request that no further action be taken on the proposed Recrea-
tion Center until a Master Plan of the Albert Park area is completed and suggested a Citizens Advi-
sory Committee be established to assist in the master planning. They presented polls indicating the
highest priority in tyeir neighborhoods to be a swimming pool and tennis courts.
Adele Liebert of the Goldenaires spoke in favor of the Recreation Center as proposed. Other speakers
were Emma Burns, Cliff Elbing, Bob Schoen and Charles Tacchi.
Mr. Harold Wagstaff, Architect, mentioned the rising building costs to be encountered if the project
is delayed, and the fact that it is a redevelopment project.
The residents were advised that the City is committed to spend the funds available for a Recreation
Center.
Motion by Councilman Jensen, second by Councilman Miskimen, to proceed with the plans for the Recrea-
tion Center.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Mr. Harold Wagstaff presented the conceptual plans for Council approval.
Motion by Councilman Nixon, second by Councilman Miskimen, to approve the plans as presented.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen (Had left Council Chambers) an Mulryan
The Council accepted the offer, conveyed by Scott Tilden on behalf of the Marin Dance Council, to
contribute $1500 toward a hardwood floor for the Recreation Center.
RE: SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30
Mr. Edwin Ness, Assessment District counsel, explained the purpose of the actions Council will con-
sider which would lead to the setting of a public hearing on July 1, 1974 at 8:00 p.m. to determine
if public convenience and necessity require said proposed acquisition of real property, without com-
pliance with the provisions of the Special Assessment investigation, Limitation and Majority Protest
Act of 1931.
Mrs. McCusker, 721 Del Ganado Road, and Mr. Bott, 714 Del Ganado Road, asked to be allowed to spea
in objection to the boundaries of the District. They were advised of the proper time to register
Protests.
The Council then took the following action:
THE BOUNDARY MAP WAS FILED WITH THE CITY CLERIC.
RESOLUTION NO. 4743 - RESOLUTION APPROVING BOUNDAR MAP.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4744 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT
PROCEEDINGS FOR THE ACQUISITION OF REAL PROPERTY IN SANTA MARGARITA OPEN
SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4745 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF
AGREEMENT (Sturgis, Den-Dulk, Douglass & Anderson)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4746 - RESOLUTION SETTING TIME AND PLACE FOR HEARING FOR DETERMINING PUBLIC
CONVENIENCE AND NECESSITY IN SANTA MARGARITA OPEN SPACE ASSESSMENT
DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (July 1, 1974
at 8:00 p.m.)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
NOTICE OF HEARING WAS FILED WITH THE CITY CLERK.
RE: REQUEST FOR FUNDS - SURVIVAL, INC. - FILE 4-3- 53
A request from Holger Peters of Survival, Inc. for an additional $2,000 to be used to increase the
number of depots and in their educational program, was accepted by the Council. The City Manager was
instructed to bring the matter up during the budget hearing on June 18, 1974.
RE: PRESENTATION AND CRITIQUE OF STUDY BY BARTLE WELLS ASSOCIATES - FILE 12-7 x 4-3-59
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to accept the staff
recommendation and that no action be taken until completion of the HUD Grant Project on Sewer Recon-
struction.
RE: COMMUNICATION FROM MRS. DAVID - FILE 10-2
Mrs. Alexandria W. David addressed the Council with a request that the City participate in the purchase
of a 5,000 square foot lot in the Picnic Valley area. Mr. Larry Dodson and Mr. Dick Lee also spoke on
this matter.
Planning Director Hotchner advised that Planning Commission action is pending on Variance V74-9 cover-
ing this lot.
The Council discussed the request for financial assistance in the purchase of the lot and the sugges-
tion of the formation of an assessment district to include the purchase, various street improvements,
etc. The matter was referred to the Open Space Selection Committee, as a low priority item, for re-
commendation as to a procedure to be established on lots of this type.
RE: COMMUNICATION FROM RICHARD KIRBY - FILE 13-18-2
The Council received a request from Richard C. Kirby, 304 Mountain View, that Ordinance No. 140 pro-
hibiting the distribution of advertising material in San Rafael be reviewed as to its constitutionality.
City Attorney Robbins advised that Ordinance No. 140 is almost identical to an ordinance of the City
of Thousand Oaks which has been declared unconstitutional. Mr. Robbins was authorized to draft a
substitute ordinance and present to Council at the next meeting.
IRE: REPORT ON BIDS - BOYD MUSEUM HOUSE RESTORATION, PROJECT NO. 9173 - FILE 4-1-215
This item was continued for two weeks and the staff was directed to investigate and report to Council
as to the cost plus time and materials basis of doing the job.
RE: REVISED PLAN - PICKLEWEED PARK - FILE 2-1-4
Motion by Councilman Nixon, second by Councilman Jensen, to approve the revised plan for Pickleweed
Park as recommended by the Parks and Recreation Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Councilman Jensen left the Council meeting at 12:50 A.M.
91
RE: REPORT ON BIDS - SANITARY SEWER CONSTRUCTION - AUBURN STREET. PROJECT NO. 74.199.8 - FILE 4-1-220
Motion by Councilman Miskimen, second by Councilman Nixon, to award the contract to the low bidder.
RESOLUTION NO. 4749 - RESOLUTION OF AWARD OF CONTRACT (to Maggiora & Ghilotti, Inc. in the amount
of $9,560)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - RIP RAP PROTECTION - CANAL TURNING BASIN, PROJECT NO. 74.199.10 -FILE 4-1-222
Motion by Councilman Nixon, second by Councilman Miskimenn to accept the staff recommendation and
award the contract to the low bidder, subject to the availability of materials, and authorize use of
funds up to $11,000 from appropriated reserve.
RESOLUTION NO. 4750 - RESOLUTION OF AWARD OF CONTRACT (to Pacific Excavators for an amount not
to exceed $11,000)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - CITY-WIDE SIGN CHANGEOVER. PROJECT NO. 74.324 - FILE 4-1-216
Motion by Councilman Nixon, second by Councilman Miskimen, to accept the staff recommendation and
authorize purchase of signs from Bowman Industries, Inc. at the low bid of $10,991.99.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - SOUTHERN HEIGHTS BULKHEAD -SOUTHERN HEIGHTS BOULEVARD AND PLEASANT LANE RETAIN-
ING WALLS - PROJECT NO. 9635-73.177 - FILE 4-1-219
Motion by Councilman Nixon, second by Councilman Miskimen, to award the contract to the low bidder.
RESOLUTION NO. 4753 - RESOLUTION OF AWARD OF CONTRACT (to Maggiora & Ghilotti, Inc. in the
amount of $10,200)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNC!LMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - CANAL AREA PARK, MONT MARIN OPEN SPACE, AND MISCELLANEOUS TRAFFIC ISLAND IM-
PROVEMENTS "IRRIGATION SYSTEMS INSTALLATION" PROJECT NOS. 9171, 9174 and 9416 - 74-199.7 - FILE
N0. 4-1-217
Motion by Councilman Nixon, second by Councilman Miskimen, to award the contract to the low bidder
and appropriate $26,543 from the Lucas Valley Open Space Assessment District funds.
RESOLUTION NO. 4754 - RESOLUTION OF AWARD OF CONTRACT (to Neil Shooter Company in the amount of
($74,697)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - STORM DRAIN, FAIRHILLS DRIVE STORM DRAIN CORRECTION, PROJECT NO. 9338-73.175 -
FILE 4-1-221
RESOLUTION NO. 4755 - RESOLUTION OF AWARD OF CONTRACT (to Ghilotti Bros., Inc. in the amount of
$26,701)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - LANDSCAPING AND EROSION CONTROL - "EROSION CONTROL" PROJECT NO. 9176-74.199.9 =
FILE NO. 4-1-218
Motion by Councilman Nixon, second by Councilman Miskimen, to accept the staff recommendation and
award the contract subject to reducing the scope of work and the amount not to exceed $10,000.
RESOLUTION NO. 4756 - RESOLUTION OF AWARD OF CONTRACT (to Neil Shooter Company in the amount not
to exceed $10,000)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: REPORT ON BIDS - "MISCELLANEOUS DRAINA.F IMPROIFMFNT1; - 197411 PRQJECT NO. 9173-74.199.11 - FILE
4-1-993
Motion by Councilman Miskimen, second by Councilman Nixon, to award the contract to the low bidder.
Ou2
RESOLUTION NO. 4757 - RESOLUTION OF AWARD OF CONTRACT (to W. R. Forde in the amount of $12,979)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMAN Jensen and Mulryan
RE: GRANT OF TEN -FOOT WIDE SANITARY SEWER EASEMENT - FILE 2-3
RESOLUTION NO. 4758 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (from Fairhills Realty, Inc.
dated June 4, 1974 --sanitary sewer easement from Ridgewood Drive and Valley
View Avenue adjacent to the easterly side and approximately parallel to
Elizabeth Way)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMAN: Jensen and Mulryan
RE: CONTRACT WITH COOPERATIVE PERSONNEL SERVICES - FILE 7-4 x 4-10-56
RESOLUTION NO. 4759 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Cooperative
Personnel Services)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: YELLOW CAB RATE INCREASE REQUEST - FILE 9-9
The Council scheduled a public hearing for July 1, 1974 at 8:00 p.m. to consider a rate increase re-
quest submitted by Yellow Cab Company.
RE: POLICY DETERMINATION REGARDING BROADCAST OF SUMMARY OF THE PROPOSED GENERAL PLAN - FILE 115 x
130
Following a presentation by Assistant to the City Manager Meador regarding the CATV Citizens Advisory
Committee proposal (endorsed by the Planning Commission) to broadcast a summary of the General Plan,
the City Council accepted the offer of television station KQED of 30 minutes free air time on the pro-
gram "Open Studio". This program can also be played over the Tele-Vue System.
RE: RESOLUTION OF CITY COUNCIL ON NATIONAL BURGLARY PREVENTION WEEK - FILE 9-3-30
RESOLUTION NO. 4760 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROCLAIMING
BURGLARY PREVENTION WEEK.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: INFORMATIONAL REPORT CONCERNING REVERSIONARY INTERESTS - LIBRARY PROPERTY - FILE 9-3-61
This report from the City Attorney was continued to the meeting of July 1, 1974.
RE: RESOLUTION ACKNOWLEDGING RECEIPT OF NOTICE OF INTENTION TO CIRCULATE PETITION CONCERNING THE
"KNOCKNABOUL WAY ANNEXATION" - FILE 5-2-64
RESOLUTION NO. 4762 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACKNOWLEDGING
THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXA-
TION OF TERRITORY DESIGNATED AS "KNOCKNABOUL WAY ANNEXATION" AND AFFIDAVIT
OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF PETITION.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: RENEWAL OF CONTRACT FOR ABANDONED VEHICLE PROGRAM - FILE 4-8-16
RESOLUTION NO. 4761 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE CITY OF SAN RAFAEL TO ENTER INTO A CONTRACT WITH THE STATE OF CALI-
FORNIA HIGHWAY PATROL REGARDING ABANDONED VEHICLES AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO SIGN SAID CONTRACT.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: JOINT POWERS AGREEMENT FOR USE OF McNEAR'S BEACH PARK SWIMMING POOL - FILE 4-13-36
RESOLUTION NO. 4763 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with County
of Marin - joint powers agreement for use of McNear's Beach Park Swimming
Pool)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
93
NON -AGENDA ITEM: REQUEST FROM MARINWOOD COMMUNITY SERVICES DISTRICT - FILE 13-5
A request from the Marinwood Community Services District regarding provision for unincorporated area
fire protection --- Marinwood and Upper Lucas Valley ---by the City of San Rafael was assigned to the
Committee for Fire Protection in Unincorporated Areas.
NON -AGENDA ITEM: CENTENNIAL FINANCE COMMITTEE - RETURN OF CONTRIBUTION - FILE 104
Councilman Miskimen presented a report from the Centennial Finance Committee and returned $1,000
which the City had contributed to the Centennial. The staff was directed to send letters to Committee
members under the Mayor's signature.
The City Council adjourned to June 18, 1974 at 7:30 p.m.
MARION A. GRADY, City Cler
APPROVED THIS I S DAY OF �c c 19,7�:
,�, ez"ec"
t
MAYOR OF THE CITY OF SAN RAFAEL j
i
In Room 201 of the City Hall of the City of San Rafael, Tuesday, June 18, 1974 at 7:30 O'Clock P.M.
Adjourned Regular Meeting:
RE: BUDGET - FISCAL YEAR 1974-75 - FILE 8-5
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
The Council approved the General Services Budget including Central Services, Building and Electrical
Maintenance, Central Garage, Parking District and Parking Meters as presented.
The Council reviewed and approved the Capital Improvement Budget as presented. The City Manager and
Director of Public Works recommended certain changes in the Gas Tax Fund projects and the budget was
approved with changes as follows:
Maintenance Resurfacing Project 230,000
Miracle Mile Widening 80,000
Raised Pavement Markers 10,000
Freitas Parkway Improvements 20,000
Traffic Actuated Signals at 2nd & A and 3rd & A 30,000
Total 370,000
Income 589,663
Less expenditures 370,000
Less operating transfer 182,000
Unexpended Reserve 37,663
RE: REQUEST FOR FUNDS - SURVIVAL, INC. - FILE 4-3-53
The City Manager was instructed to see if Marin Sanitary Service and Survival, Inc. can work out a
mutually beneficial agreement.
RE: CHAMBER OF COMMERCE - FILE 119
The request of the Chamber of Commerce for $23,000 for fiscal year 1974-75 was considered, with the
City Manager recommending against the request. After discussion, it was moved by Councilman Nixon,
second by Councilman Miskimen that request of Chamber of Commerce for funding be referred back to
staff with the instruction that staff develop a program for increasing business license fees as a
means of providing funds to Chamber of Commerce and that the program include consideration of precise
services to be carried out by Chamber.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Moved by Councilman Jensen, second by Councilman Miskimen to approve the total budget with the changes
discussed and subject to possible amendment.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Mayor Bettini commended the City Manager for his work on the budget presentation which enabled the
Council to complete t -e hearings in four sessions.
RESOLUTION NO. 4751 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLU-
TION NO. 4501 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE
DEPARTMENT PERSONNEL. - FILE 7-3
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4752 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLU-
TION NO. 4715 FIXING THE COMPENSATION FOR MISCELLANEOUS, MANAGEMENT AND CON-
FIDENTIAL EMPLOYEES. - FILE 7-3
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan )
MARION A. GRADY, City Cle k
APPROVED THIS DAY OF 19 �.
MAYOR OF THE CIT OF SAN RAFAEL
E,
In Room 201 of the City Hall of the City of San Rafael, Monday, July 1, 1974 at 7:30 O'Clock P.M.
(Special Meeting: Present: C. Paul Bettini, Mayor
ter..
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The San Rafael City Council met in executive session to discuss pending litigation with the City At-
torney.
t-
torney.
MARION A. GRADY, City Clerk '
APPROVED THIS DAY OF 19 7
MAYOR OF THE CITY—OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, July 1, 1974, at 8:00 O'Clock P.M.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: REPORT ON EXECUTIVE SESSION
City Attorney Robbins reported that the Council met in executive session at 7:30 p.m. to discuss pend-
ing litigation. Varioyis items were discussed and no action was taken.
RE: CONSENT CALENDAR
Councilman Jensen asked that Item 3 regarding relinquishment of right to Tamalpais Avenue (now Red-
wood Highway) between Willow and Las Gallinas Avenue from the State of California to the City of San
Rafael be removed from the Consent Calendar. This received as an information item, was discussed by
the Council.
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, that the remaining
:items be approved, as follows:
Recommended Action
Approval of Minutes: Special and Regular Meetings of June 17, 1974;
Adjourned Regular Meeting of June 18, 1974. Approve as furnished to each
Council member.
Application for Leave to Present Late Claim - Alice Saporetti, Approve City Attorney's recom-
Claimant. (File 3-1-107) mendation to deny request.
RE: SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30
Mayor Bettini opened the public hearing. He announced that proponents of the District would be heard
first, then the opponents to the formation; and that Mr. Edwin N. Ness, Assessment District Counsel,
was present to answer any questions.
Persons speaking in favor of formation of the Assessment District as proposed were Sue Beittel, Con-
servation Committee member of Marin Audubon Society, Walt Jorgensen, President of the Santa Margarita
Homeowners Association, Peter Schmidt, 840 Montecillo Road, Gary Gassaway, 23 Cabrillo Ct., Alvah
Bessie, Terra Linda, Marion Cedarblad, Axel Hoke, Ellen Baldwin, Vice President of the Santa Margarita
Homeowners Association and real estate broker, Nancy Dacus, 730 Pine Lane, Jerry Russom 97 Upper Oak
Drive, Coleman Sellers, 765 Beechnut Ct., Mrs. Schmidt, Fred Moore, and Ann Gregory.
They requested the Council to determine that public convenience and necessity require the proposed
acquisition, contended the boundaries were fair and any increase in the District would require an in-
crease in the amount of open space and not decrease individual assessments. It was also felt that
this action would result in the answers the property owners seek and would not commit either the
Council or homeowners.
William J. Murray, Bill Jahnke, Edward Bott, 714 Del Ganado Road, Mrs. McCusker, 721 Del Ganado Road,
Sally Ryan, Barbara Stidham, 8 Cabrillo Ct., Gordon Rogers, 783 Banboo Terrace, Mike Amsbry, 639
Bamboo Terrace, James Baker and Robert Kelly voiced opposition to the formation of the Assessment Dis-
trict as proposed, citing alleged inequities in the boundaries. A letter containing 98 opposing
signatures was presented. They asked that action be withheld pending clarification of various matters
and receipt of the open space acquisition priority list from the Citizens Advisory Committee.
Mr. Ness answered various questions of the homeowners and Council in detail. The Council discussed
the matter and agreed to a continuance.
96
Motion by Councilman Mulryan, second by Councilman Jensen, that the public hearing be continued to the
first meeting in September at 8:00 p.m. for either a determination or a report at that time.
RESOLUTION NO. 4764 - RESOLUTION CONTINUING HEARING (Santa Margarita Open Space Assessment District)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
:ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Mayor Bettini opened the public hearing.
RESOLUTION NO. 4766 - RESOLUTION CONTINUING HEARING AND ALL MATTERS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(to August 4, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MARIN BAY IMPROVEMENT DISTRICT NO. 2 - AMENDMENT TO USE RESIDUAL FUNDS FOR MAINTENANCE - FILE 6-10
Mayor Bettini opened the public hearing and asked if anyone present wished to speak on this item.
Since there was no one wishing to speak, the public hearing was closed.
RESOLUTION NO. 4767 - RESOLUTION ORDERING CHANGES AND MODIFICATIONS MARIN BAY IMPROVEMENT DISTRICT
NO. 2.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: NORTHGATE INDUSTRIAL PARK NO. 1 - AMENDMENT TO USE RESIDUAL FUNDS FOR MAINTENANCE - FILE 6-18
Mayor Bettini opened the public hearing and asked if anyone present wished to speak on this item.
Since there were no speakers, the public haring was closed.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE:. PUBLIC HEARING - YELLOW CAB RATE INCREASE REQUEST - FILE 9-9
Mayor Bettini opened the public hearing and the Council received a report from City Manager Bielser
recommending approval of the requested rate increase.
Mr. Robert Jennings represented the Yellow Cab Company in requesting a rate increase to 70 cents for
the first 1/7 mile and 10 cents for each additional 1/7 mile.
Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the rate increase as requested.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF PLANNING COMMISSION DECISION - FIVE-FOOT PROPERTY LINE RELOCATION (574-8) PT. SAN PEDRO
ROAD - CHARLES S. OLSON ET UX, OWNER, CULVER L. WILLIAMS, JR., REPRESENTATIVE - FILE 10-8
Mayor Bettini opened the public hearing on the appeal by Mr. R. C. Fox. Planning Director Hotchner
presented the staff report and Planning Commission minutes approving the item by a vote of 6-0. He
stated that the subdivision, except for a 15 foot strip, is in the County of Marin and subject to
that jurisdiction.
Mr. R. C. Fox, Appellant, asked that the approval be subject to provision of sufficient public access
to and along the Canal.
Mr. Culver Williams, representing the owner, advised the Council that the subdivision has been approved
by the County and they were unaware that a portion of the property is within the City of San Rafael
until the map was submitted for recording.
Mr. Charles Olson, owner, requested that the Council take positive action at this meeting, sustaining
the Planning Commission action, to allow him to proceed with the development.
Following discussion regarding County approval of the subdivision and the need for City staff review
of development within our sphere of influence, a motion was made by Councilman Jensen to sustain the
decision of the Planning Commission. The motion died for lack of a second.
Motion by Councilman Miskimen, second by Councilman Mulryan and unanimously carried, to continue the
item for two weeks for review by the staff.
el' 7
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM BUILDING CODE, 1973 EDITION (AND THE SECONDARY CODE, UNI-
FORM BUILDING CODE STANDARDS. 1973 EDITION) FILE 1-6-1
Mayor Bettini opened the public hearing. Since there were no speakers from the audience, the public
hearing was closed.
ORDINANCE NO. 1152 - An ordinance of the City of San Rafael adopting by reference the Uniform Building
Code, 1973 Edition including the Appendix thereof, and the secondary code, Uniform Building Code
Standards, 1973 Edition with certain amendments thereto, was passed and adopted as an ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM SWIMMING POOL CODE, 1973 EDITION - FILE 1-6-5
Mayor Bettini opened the public hearing. There were no one wishing to speak on this item. Mayor
Bettini closed the public hearing.
ORDINANCE NO. 1156 - An ordinance of the City of San Rafael, adopting by reference the Uniform Swimm-
ing Pool Code, 1973 Edition with certain amendments thereto, was passed and adopted as an ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1973 EDITION
FILE 1-6-7
Mayor Bettini opened the public hearing. Since there was no one present wishing to speak, the public
hearing was closed.
ORDINANCE NO. 1154 - An ordinance amending Chapter 12.28 of the San Rafael Municipal Code by adopting
by reference the ''Uniform Code for the Abatement of Dangerous Buildings'' 1973 Edition in place and
stead of the Uniform Building Code Volume IV Dangerous Buildings and making certain amendments there-
to, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM PLUMBING CODE, 1973 EDITION - FILE 1-6-3
Mayor Bettini opened the public hearing, and asked if anyone present wished to speak. Since there
were no speakers, the public hearing was closed.
ORDINANCE NO. 1155 - An ordinance of the City of San Rafael amending Chapter 12.16 of the San Rafael
Municipal Code entitled Uniform Plumbing Code, 1973 Edition, was passed and adopted as an ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM MECHANICAL CODE, 1973 EDITION - FILE 1-6-3
Mayor Bettini declared the public hearing open. There were no speakers from the audience and the
public hearingwas closed.
ORDINANCE NO. 1153 - An ordinance amending Chapter 12.14 of the San Rafael Municipal Code by adopting
by reference the 1973 Edition of the Uniform Mechanical Code with certain amendments, additions and
deletions thereto, was passed and adopted as an ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING ON ADOPTION OF UNIFORM HOUSING CODE, 1973 EDITION - FILE 1-6-6
Mayor Bettini opened the public hearing. There were no speakers from the audience and the public
hearing was closed.
ORDINANCE NO. 1157 - An ordinance amending Chapter 12.26 of the San Rafael Municipal Code by adopting
by reference the 1973 Edition of the Uniform Housing Code in place and stead of the 1967 Edition of
the Uniform Building Code, Volume III, Housing, and making certain amendments thereto, was passed and
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
no
0
RE: BOYD MUSEUM HOUSE RESTORATION - FILE 4-1-215
Architect Milton W. Chambers reported that the two bids received were too high to be considered. He
presented a list of revisions and requested that he be authorized to revise the drawings and read-
vertise for bids.
There was Council discussion as to the advisability of approving the revisions in items 16 and 17 of
the list pertaining to electrical wiring and undergrounding of utilities.
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to reject the two
bids received.
Motion by Councilman Jensen, second by Councilman Nixon, to authorize the Archtect to call for bids
with the changes as suggested and to direct the staff to review the wiring and undergrounding of
utilities. Bid opening to be 10:00 a.m., August 1, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, %I ryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DOMINIC'S RESTAURANT - SIGN ORDINANCE COMPLIANCE - FILE 10-11 x 125
The Council discussed with Mr. William McDevitt of Dominic's Restaurant his misunderstanding of the
Council action on this item. This action was clarified as written in the minutes of June 17, 1974.
No further action was taken.
RE: ORDINANCE RELATING TO DISTRIBUTION OF ADVERTISING MATERIAL - FILE 13-18-2
City Attorney Robbins presented a draft ord.inance as directed by Council at the last meeting. This
ordinance was referred to staff for review. Staff was directed to send copies to local people who
have expressed interest. The item was continued to August 5, 1974.
RE: REPORT FROM LIBRARY COMMISSION REGARDING LIBRARY SERVICES - FILE 9-2-3 x 9-3-61
This item was continued to July 15, 1974 because of the lateness of the hour.
RE: COMMUNICATION FROM MONT-MARIN HOMEOWNERS ASSOCIATION REGARDING CLOSURE OF OLD LUCAS VALLEY ROAD -
FILE 11-19
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to refer this
item to the Planning Commission for review as to conformity with the General Plan.
RE: COMMUNICATION FROM MARIN COUNTY HUMAN RIGHTS COMMISSION - FILE 13-17
Mr. Nicholas Tibbetts, Human Relations Counselor, presented a request to Council that a liaison per-
son be appointed to represent the City of San Rafael. He suggested Mr. Ricardo Meyers as the ap-
pointee since he has been attending the Human Rights Commission meeting. The request was referred
to the City staff for review.
Councilman Mulryan left the Council Chambers.
RE: CONSIDERATION OF LEASE AGREEMENT - MARIN MUNICIPAL WATER DISTRICT FOR CITY COMMUTER PARKING LOT -
FILE 4-15
RESOLUTION NO. 4769 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin
Municipal Water District, dated June 12, 1974 for City Parking Lot at South-
west corner of Second Street and Grand Avenue)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: AGREEMENT WITH AMERICAN CONSULTING SERVICES FOR SANITARY SEWER STUDY - FILE 4-3-6o x 12-7
Motion by Councilman Miskimen, second by Councilman Nixon, to approve the joint contract between the
City of San Rafael and the San Rafael Sanitation District to share the cost of $8,200 for the sanitary
sewer study.
RESOLUTION NO. 4770 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for sanitary
sewer study by American Consulting Services)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: ORDINANCE FOR PARKING METERS - FIFTH AVENUE AND LOOTENS PLACE PARKING LOT - FILE 11-18 x 12-14
An ordinance of the City of San Rafael amending Title 5, Chapter 5.60, Section 5.60.068, Ten Hour
Parking Meter Zones, and SEction 5.60.070, Two Hour Parking Meter Zones, by adding thereto additional
parking lot facilities, and numbering Charter Ordinance No. 1159, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
2
RE: TRAFFIC COMMITTEE RECOMMENDATION - RESTRIPING OF FOURTH STREET FROM "E" STREET TO COURT STREET -
FILE 11-1
Director of Public Works Caillouette presented the Traffic Committee recommendation that Fourth Street
be restriped from "E" to Court Streets to improve the traffic flow.
Motion by Councilman Nixon, second by Councilman Jensen, to accept the Traffic Committee recommenda-
tion and authorize the restriping of Fourth Street from "E" Street to Court Street.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
Councilman Mulryan returned to the Council Chambers.
RE: HIGHWAY 101 -LUCAS VALLEY ROAD INTERCHANGE - FILE 11-1
:Mayor Bettini left the Council Chambers and Vice President Miskimen presided.
Director of Public Works Caillouette presented a report on the proposed modification work and recom-
mended approval of City participation in the cost of the project.
Motion by Councilman Jensen, second by Councilman Miskimen, to accept the staff recommendation and
approve the joint project with the State of California for modification of the Highway 101 -Lucas
Valley Road Interchange. Motion carried by unanimous vote of the four Councilmen present.
RE: SOUTH SAN PEDOR ROAD WIDENING, PHASE IV - JOINT LANDSCAPING PROJECT, CITY AND COUNTY OF MARIN -
FILE 4-13-14
Director of Public Works Caillouette advised that the latest estimate of cost for the Landscape
Architect to prepare plans and specifications in the area of the completed Phase IV Road Project ex-
ceeds the amount budgeted for the City's 50 percent share.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the increase in the City's
costs as outlined in the Director of Public Works' letter of June 27, 1974, and authorize the in-
clusion in the final budget for 1974775,
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: RESOLUTION ADOPTING THE STATEMENT OF RESULTS OF VOTES CAST - CONSOLIDATED DIRECT PRIMARY ELEC-
TION, JUNE 4, 197 - FILE 9 -
RESOLUTION NO. 4771 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE STATEMENT
OF RESULTS OF THE SAN RAFAEL SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH
THE STATE OF CALIFORNIA DIRECT PRIMARY ELECTION HELD ON JUNE 4, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini Statement of Results of Votes Cast - SEE Page 102
RE: RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - OAKWOOD DRIVE - FILE 2-1-38
RESOLUTION NO. 4772 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY(from Marjorie Jeanne
Romey and James J. Rudden, Executors - A.P. No. 10-011-34)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: ABANDONMENT OF EASEMENTS - FIVE FOOT PUBLIC UTILITIES REASEMENT AND FOUR FOOT BY SIX FOOT AN-
CHOR EASEMENT - LOTS 6, 7 AND 8, BELLAM SUBDIVISION NO. 1 - FILE 2-12
RESOLUTION NO. 4773 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (Public hearing
set for 8:00 p.m. August 5, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: ORDINANCE AMENDING TITLE 8 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO INTRUSION DETECTION DE-
VICES TERMINATING AT CITY FACILITIES - FILE 9-3-30
Motion by Councilman Jensen, second by Councilman Mulryan that the proposed ordinance be passed to
print.
An ordinance of the City of San Rafael amending Title 8, Chapter 8.20, Section 8.20.03 of the Muni-
cipal Code to provide for setting of fees, and numbering Charter Ordinance No. 1160, was read, in-
troduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Mayor Bettini returned to the Council Chambers.
1®Q
RE: STATEMENT OF COSTS FOR FIRE PROTECTION IN THE UNINCORPORATED AREAS - FILE 13-5
The Council received a report from Assistant to the City Manager Meador, concurred with the recommenda-
tions contained therein and authorized the staff to reply to the County Administrator's letter.
RE: REQUEST FROM THE COUNTY OF MARIN REGARDING DRUG ABUSE PROGRAM - FILE 9-3-30
Following the staff report by Mr. Meador, the Council authorized attendance at the Board of Supervisors
meeting of Marin County on July 2, 1974 by the City staff --one member of the Police Department and one
member from Administration.
RE: SALARY RESOLUTION FOR PART-TIME, TEMPORARY AND CASUAL PERSONNEL - FILE 7-3
RESOLUTION NO. 4765 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO. 4715 FIXING THE COMPENSATION FOR PART-TIME, TEMPORARY
AND SEASONAL EMPLOYEES.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION OF COMMENDATION TO CARL SELBY - FILE 7-5 x 102
RESOLUTION NO. 4774 - RESOLUTION OF APPRECIATION TO CARL SELBY
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME FOR COMPLETION OF CONTRACT - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO.
1, SCHEDULE B, MAJOR STREET IMPROVEMENTS - FILE 6-22
RESOLUTION NO. 4775 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Ghilotti Bros.,
Inc. to June 24, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: Councilmen: None
RE: EXTENSION OF TIME FOR COMPLETION OF SUBDIVISION IMPROVEMENTS - GOLDEN GATE INDUSTRIAL PARK SUB-
DIVISION - FILE 5-1-213
RESOLUTION NO. 4776 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Golden
Development & Management, Inc. to August 19, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: OFFER OF DEDICATION - BRIDGE TO THE CONTEMPO MOBILE HOME PARK - FILE 2-2.1
RESOLUTION NO. 4777 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REJECTING OFFER
OF DEDICATION
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PROPOSITION 1 - FILE 13-14-1 x 9-3-66
The Council referred this item to the Parks and Recreation Commission for study in relation to funds
under Proposition 1 which refer to Parks, and report to Council by September 1st.
RE: NON -AGENDA ITEM - PERMISSION FOR MAYOR TO LEAVE COUNTRY - FILE 9-1
The Council unanimously approved Mayor Bettini's request to leave the country for thirty days.
RE: NON -AGENDA ITEM - REQUEST FROM MARIN SANITARY SERVICE - FILE 120
The staff was authorized to appear before the Marin Municipal Water District Board of Directors in
support of Marin Sanitary Service's request for variance for a water connnection.
RE: ORDINANCE -COST OF LIVING INCREASE FOR MAYOR - FILE 9-1
An ord1nance of the City of San Rafael providing additional compensation to the Mayor, and numbering
Charter Ordinance No. 1161, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
101
RE: EVALUATION OF GENERAL PLAN - FILE 115
At the suggestion of Mayor Bettini, the Council directed that consideration of hiring an economic
consultant to evaluate the San Rafael General Plan be placed on the City Council agenda for the meet-
ing of July 15, 1974•
The City Council adjourned to the next regularly scheduled meeting on July 15, 1974.
MARION A. GRADY, City Cler�
i
APPROVED THIS DAY OF 19.
MAYOR OF THE CI OF SAN RAFAEL
In Room 201 of the City Hall of the Ci;.< of San Rafael, Monday, July 1, 1974 at 7:30 O'CIock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Co cilman
John A. Miskime , Councilman
Lawrence E. M cyan, Councilman
Jack G. Ni Councilman
The San Rafael City Council met in executive session to disc s pending litigation with the City At-
torney.
MARION A. GRADY, City Clerk
APPROV THIS DAY OF 19
OR OF THE CITY OF SAN RAFAEL
See page 95
In Room 201 of the City Hall of the City of San Rafael, Monday, July 8, 1974 at 5:00 O'Clock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The San Rafael City Council met in executive session to discuss appointment of Community Development
Director. No action was taken.
-
MARION A. GRADY, City Cler�
APPROVED TH I S ��5�! �' DAY OF , 19 7 S� .
WILLIAM J. BIELSER, Acting City Clerk
1.®2
* Statement of Results of Votes Cast - Consolidated Prima
LOCAL MEASURE B YES
San Rafael City -
Upper Limit of
Purchase No Bid 7,637
LOCAL MEASURE C
San Rafael City -
General Municipal
Election Date 9,678
LOCAL MEASURE D
San Rafael City -
City Attorney -
Appointive 4,609
7,751
In Room 201 of the City Hall of the City of San Rafael, Mmnday, July 15, 1974 at 7:30 P.M.
Special Meeting: Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
The Council met in Executive Session to instruct the City Manager in negotiations for purchase of two
pieces of property.
MARION A. GRADY, City Clem
APPROVED THISDAY OF 19
J N "MISKIM-EN, Acting Mayor
! _-_ w..__.._.._..._:.._..}.:... ,._ ..�...............
103
In the Council Chambers of the City of San Rafael, Monday, July 15, 1974,at 8:00 O'Clock P.M.
Regular Meeting: Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent; C. Paul Bettini, Mayor
RE: REPORT ON EXECUTIVE SESSION
City Manager Bielser reported that the Council met in Executive Session at 7:30 p.m. to consider
negotiations for property acquisition. No action was taken.
RE: RESOLUTION OF APPRECIATION - JOSEPH J. BRUSATORI, RETIRING POLICE CHIEF - FILE 9-3-30 x 102
Acting Mayor Miskimen read the resolution honoring retiring Police Chief Brusatori for 35 years of
service.
RESOLUTION NO. 4778 - RESOLUTION OF APPRECIATION FOR JOSEPH J. BRUSATORI.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CONSENT CALENDAR
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to approve the re-
commended action on the following consent calendar items:
Item
Recommended Action
Approval of Minutes: Special and Regular Meetings of July 1, 1974; Approve as furnished to each
Special Meeting of July 8, 1974. Council member.
Approval of Signs painted on windows of Tropical Aquaria, 1205 Third Remove time limit.
Street ---approval limited to one year - File 125
Rescheduling of first Council meeting in September - File 9-1 Set meeting for Tuesday,
September 3, 1974.
Amendment to Title 15, Subdivision Ordinance, Condominiums - File 10-3 Set public hearing August 5,
1974, 8:oo P.M.
RE: APPEAL OF PLANNING COMMISSION DECISION - FIVE-FOOT PROPERTY LINE RELOCATION (S74-8) PT. SAN PEDRO_
ROAD - CHARLES S. OLSON ET UX, OWNER; CULVER L. WILLIAMS, JR., REPRESENTATIVE - FILE 10-8
Acting Mayor Miskimen reopened the public hearing which was continued from the last meeting.
Planning Director Hotchner gave the staff report and presented a written analysis to the Council.
Mr. Culver Williams, Architect representing the property owner, said that the owner would comply with
staff recommendations "a" and "b" but felt the requirement of annexation contained in "c" would re-
sult in unacceptable delays.
There were no other persons wishing to speak and Acting Mayor Miskimen declared the public hearing
closed.
After Council discussion as to the possible future access along the water from adjacent properties
and a covenant from Mr. Olson that, if in the future this canal frontage is acquired, he would also
afford public access, a motion was made by Councilman Jensen that the appeal be denied with the con-
dition that staff recommendations "a" and "b" be applied. The motion died for lack of a second.
Motion by Councilman Nixon, second by Councilman Mulryan, to uphold the appeal subject to the follow-
ing conditions:
a. That a fire hydrant be located on Point San Pedro Road in front of that which has been
designated as parcel 1.
b. That the roadway access easement lying between parcels 1 and 3 on the west and 2 and 4 on
the east be developed to a width of 20 feet from Point San Pedro Road to the Canal so as
to provide police and fire access to boats and other items that may be on piers or on por-
tions of the land that lie within the City of San Rafael.
c. That a means be developed by staff and applicant wherein an easement for public use be
created on the waterfront a width of approximately 15 feet, said easement to be activated
at such time in the future as this Council desires.
AYES: COUNCILMEN: Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: Mayor Bettini
RE: APPEAL OF PLANNING COMMISSION DECISION GRANTING CONDITIONAL APPROVAL FOR FRONT YARD SETBACK
V74-9 BUNGALOW AVENUE. PACIFIC COAST TITLE COMPANY. OWNER. R.E. NOLAN & SON. REPRESENTATIVE -
FILE 10 -
Acting Mayor Miskimen opened the public hearing on the appeal of Planning Commission conditional
104
approval by a vote of 3-2 by the Picnic Valley Neighborhood Association.
Planning Director Hotchner presented the staff report, outlining previous actions on this property.
Council had received copies of a written staff report, Planning Commission minutes of June 11, 1974
and June 25, 1974, City Council minutes of December 18, 1972, and the letter of appeal.
Mr. John Wolf, an attorney representing the Picnic Valley Homeowners Association quoted from Sections
14.080.020 and 14.080.040 of the Zoning Ordinance and contended that this is not a legal variance.
He also believed an Environmental Impact Report should be required.
Mr. Robert Nolan, representing the applicant, asked that the Planning Commission approval be upheld
I based on the fact that this is an extremely deep parcel and difficult to develop.
Mr. Dick Lee, 215 Bungalow Avenue, and Mr. Larry Dubbs of the Picnic Valley Neighborhood Association,
opposed the variance on the basis that the building would not be comparable with exisiing houses,
would bring down property values in the area and add to parking and traffic problems.
E
Acting Mayor Miskimen closed the public hearing.
Motion by Councilman Mulryan, second by Councilman Jensen, to uphold the appeal and deny the variance.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL (ED74-27) RUSTLER STEAKHOUSE, 809 IRWIN
STREET, DOUGLAS COWAN, OWNER, ROBERT H. LEE & ASSOCIATES, REPRESENTATIVE - FILE 10-7
Acting Mayor Miskimen declared the public hearing open on this appeal by the property owners.
The Council had received a written staff report from the planning staff and the Director of Public
Works, Planning Commission minutes and the letter of appeal. Planning Director Hotchner advised that
the only condition under appeal is the requirement, based on Public Works Department recommendation,
for dedication of 7+ feet of property along Irwin Street for street widening purposes.
Director of Public Works Caillouette referred to an agreement with the State of California including
the widening of Irwin Street between Second and Third Streets and his recommendation that this work
be done in conjunction with this development. This would require acquisition of the property. He
recommended that the Property owners dedicate the property and the City provide the improvements.
Nr, Bryan R. McCarthy, Appellant, maintained that, since the proposed use is in keeping with the long-
time commercial zoning and the street widening will benefit all the people who travel Irwin Street, it
would be unfair to require this dedication. He advised that the dedication would include 1/5 of Mrs.
Clark's property and 1/16 of Mr. Cowan's property which he felt is excessive, and suggested a compro-
mise whereby they would split the cost of the property with the City.
Acting Mayor Miskimen closed the public hearing.
Council discussion included the extent of traffic that would be originated by the proposed development
and the amount, if any, of City participation in the cost of the property for the easement.
Motion by Councilman Mulryan, second by Councilman Jensen, to uphold the action of the Planning Com-
mission subject to successful negotiations for the purchase of the 7+ foot right-of-way along Irwin
Street, with participation by the owner; and that the staff be authorized to enter into negotiations
to determine the property value and extent of relative participation by the owner and the City.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1159 - PARKING METERS, FIFTH AVENUE AND LOOTENS PLACE PARKING
LOT - FILE 11-18 x 12-14
CHARTER ORDINANCE NO. 1159 - An ordinance of the City of San Rafael Amending Title 5, Chapter 5.60, Sec-
tion 5.60.068, Ten Hour Parking Meter Zones, and Section 5.60.070, Two Hour Parking Meter Zones, by
adding thereto additional parking lot facilities, was passed and adopted as an ordinance of the City
of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1160 - RELATING TO INTRUSION DETECTION DEVICES TERMINATING AT CI
FACILITIES - FILE 9-3-30
CHARTER ORDINANCE NO. 1.160 - An ordinance of the City of San Rafael amending Title 8, Chapter 8.20,
Section 8.20.03 of the Municipal Code to provide for setting of fees, was passed and adopted as an
ordinance of the City of San Rafael by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1161 - PROVIDING FOR COST OF LIVING INCREASE FOR MAYOR - FILE 9-1
CHARTER ORDINANCE NO. 1161 - An ordinance of the City of San Rafael providing for additional
105
compensation to the Mayor, was passed and adopted as an ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT FROM LIBRARY BOARD OF TRUSTEES REGARDING LIBRARY SERVICES - FILE 9-2-3 x 9-3-61
Mrs. Alice Dalbey, Chairman of the San Rafael Public Library Board of Trustees, presented a report
summarizing the current and proposed future services, stressing the need for additional space. The
(Council accepted the report with II thanks.- RE. REQUEST FOR FUNDS SURVIVAL, INC. FILE 4-3-53
City Manager Bielser presented the staff opinion that any subsidy would be a policy decision of the
Council and noted that Marin Sanitary Service is in the process of establishing a recycling and re-
clamation program. He further stated that Marin Sanitary Service has not agreed to a further waiver.
Mr. Holger Peters of Survival, Inc. advised that his request for additional funds is for the purpose
of establishing additional depots.
In answer to a Council query, Mr. Joe Garbarino of Marin Sanitary Service said that advice as to
whether they were agreeable to an additional waiver should be in writing through their attorney.
Motion by Councilman Mulryan, second by Councilman Nixon, to deny the request.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CONSIDERATION OF HIRING AN ECONOMIC CONSULTANT FOR GENERAL PLAN - FILE 11
Following discussion which included costs and the deadline for the adoption of the General Plan, the
staff was directed to explore various possibilities and present a report to Council.
RE: CHAMBER OF COMMERCE CONTRACT PROPOSAL - FILE 4-6 x 11
The Council received a report from City Manager Bielser regarding the request for a contribution of
$23,235 for fiscal year 1974-75 for certain public informational services. He advised that this
year's budget includes a public information program to be conducted by the City Staff.
Mr. Jospeh J. Garbarino, President, and Mr. David Muir, Vice President of the Chamber of Commerce,
requested favorable consideration of the request and explained that the amount requested was spent
last year in fulfilling the 1973-74 contract.
There was discussion regarding the legal limits for contributions by the City, possible use of business
license tax to fund Chamber of Commerce services, and alternative services that could be provided by
the Chamber.
Motion by Councilman Nixon, second by Councilman Mulryan, to continue the item to the next regular
meeting and refer the proposal to the City staff for discussion with the Chamber of Commerce and a
report as to the types of services, amount of funding and possible sources of funding, including a
business license surtax.
AYES: COUNCILMEN: Jensen, Mulryan,Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: ORDINANCE DESIGNATING CITY OFFICIALS REQUIRED TO REPORT CONFLICTS OF INTEREST - FILE 9-4-2
This item was continued for two weeks for revision of the ordinance to include the regmirements of the
Disclosure Act.
RE: REQUEST FOR ARCHITECTURAL SERVICES -MAIN LIBRARY EXPANSION - FILE 9-3-61 x 4-3-6 X /.-
Motion by Councilman Jensen, second by Councilman Mulryan, to authorize staff to negotiate a contract
with Philips and Finisy for architectural services required and authorize the Mayor and City Clerk to
sign the agreement.
RESOLUTION NO. 4779 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with
Philips and Finisy)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PRESENTATION AND PROGRESS REPORT - CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION - FILE 9-2-21
In the absence of Committee Chairman Coelyn, Senior Recreation Supervisor Jauch presented the report
and answered questions of the Council.
Following Council discussion, a motion by Councilman Nixon to approve in concept the Citizens Advisory
106
Committee ''course of action'' was seconded by Councilman Mulryan and carried by unanimous vote of the
four Council members present.
RE: EXTENSION OF CONTRACT TIME - BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24
RESOLUTION NO. 4780 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Silva's Pipeline,
Inc., to August 5, 1974)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: SETTING OF PUBLIC HEARING AND ADOPTION OF RESOLUTION - KNOCKNABOUL WAY ANNEXATION - FILE 5-2-64
RESOLUTION NO. 4781 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING
ITS INTENTION TO CALL A SPECIAL ANNEXATION ELECTION,AND FIXING A TIME
AND PLACE FOR PROTESTS BY PROPERTY OWNERS (Public Hearing August 5,
1974, 8:00 p.m.)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: SOUTH SAN PEDRO ROAD PHSE IV - EXTENSION OF JOINT EXERCISE OF POWERS AGREEMENT - FILE 4-13-14
RESOLUTION NO. 4782 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with County
of Marin extending Joint Exercise of Powers Agreement to December 31, 1974 -
South San Pedro Road Widening - Phase IV)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: ORDINANCE REGARDING FIRE DETECTION DEVICES AND AUTOMATIC SPRINKLER SYSTEMS.- FILE 1-6-4
Following a report by City Attorney Robbins, Councilman Jensen moved that the ordinance be read by
title. The motion was seconded by Councilman Mulryan and Unanimously carried.
City Clerk Grady read the title of Ordinance No. 1162 and the National Fire Protection Association
Pamphlets adopted by reference.
Motion by Councilman Jensen, second by Councilman Mulryan, that Ordinance No. 1162 be passed to print
and public hearing thereon be set for August 5, 1974 at 8:00 p.m.
An ordinance of the City of San Rafael repealing Ordinance No. 1150 and amending Title 4, Chapter
4.08, Section 4.08.030 of the Uniform Fire Code and Amending Article 13, Sections 13.037 and 13.316 of
the Uniform Fire Code, 1971 Editions, as adopted, relating to Fire Alarm and Detection Devices and
Automatic Sprinkler Systems and adopting by reference the National Fire Protection Pamphlets (Nos. 11,
11A, 12, 12A, 13, 17, 71, 72A, 72B, 72C, and 72D), and numbering Charter Ordinance No. 1162, was pas-
sed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Further Council discussion included the possible need for an assistant to the City Attorney. It was
also noted that an ordinance should be adopted in September or October setting the City Attorney's
salary after April, 1975•
The City Manager was instructed to review with the City Attorney the extent of legal services and pro-
vide a list of alternatives to the Council. - FILE 9-3-16
RE: COMMUNICATION REGARDING PROPOSITION 1 - FILE 13-14-1 x 9-3-66
City Manager Bielser presented a staff report recommending that the City Council go on record with the
Board of Supervisors as favoring distribution of funds available through the State Parks and Recreation
Bond Issue on the basis of 50% sharing between the cities in the County and the County unincorporated
areas rather than the basis proposed by the County Parks and Recreation Department. The recommendation
also included the Albert Park expansion and acquisition and development of Pickleweed Park as the
City's projects.
County Parks and Recreation Director Pierre Joske, discussed with the Council his proposal for sharing
the funds on the basis of 5O% to the County and 50% to the unincorporated cities, special districts
and community service areas.
RESOLUTION NO. 4783 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING
PRIORITES FOR THE ALLOCATION OF FUNDS PROVIDED BY THE STATE BEACH, PARK,
RECREATIONAL AND HISTORICAL FACILITIES BOND ACT OF 1974
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
107
RE: REPORT ON BOARD OF SUPERVISORS ACTIONS REGARDING BOYD HOUSE - FILE 9-3-66
The Council heard a report by City Manager Bielser that the Marin County Board of Supervisors unani-
mously denied the City's request for a contribution towards the restoration of the Boyd House and
discussed this action. It was felt that the Marin Historical Society should be advised that the
denial raises a serious question regarding their continued use of the building.
Motion by Councilman Mulryan, second by Councilman Nixon, to direct the City staff to write a letter
asking the Board of Supervisors to reconsider its action, with a copy to the Marin Historical Society.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: RESOLUTION ACCEPTING DEED TO McKEON PROPERTY KNOWN AS PICKLEWEED PARK - FILE 2-1-45
RESOLUTION NO. 4784 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed McKeon
Construction - Kerner Boulevard)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: NON -AGENDA ITEM: GU.I'DELINES FOR DISCLOSURE REPORTS - FILE 9-4-2
City Attorney Robbins reported that the League of California Cities is forming a Committee to pre-
pare guidelines which will be furnished to cities and counties prior to the January 7,. 1974 effective
date of Proposition 9 relating to disclosure.
The Council adjourned to the next regularly scheduled meeting.
MARION A. GRADY, City Cler.
APPROVED THIS DAY OF 197 f�
0 A. MISKIMEN, Acting Mayor
In Room 201 of the City Hall of the City of San Rafael, Tuesday, July 30, 1974, at 7:30 P.M.
Special Meeting: Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
The San Rafael City Council met in executive session, with Acting Mayor John A. Miskimen presiding,
to discuss litigation with the City Attorney.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OFQ
J HN A. MISKIMEN, Acting Mayor
In the Council Chambers of the City of San Rafael, Monday, August 5, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Coucilman
Absent: C. Paul Bettini, Mayor
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the re-
commended action on the following consent calendar items:
Item
Recommended Action
Approval of Minutes of the Special and Regular Meetings of July 15, 1974. Approve as furnished to each
Council member.
Chamber of Commerce Request for Funds. FILE 4-6 x 119 Continue to August 19 at
request of Chamber.
Ordinance Relating to Distribution of Advertising Material. FILE 13-18-2 Continue for 30 days at
request of staff.
Report on Paramedic Program Alternatives. FILE 9-3-31 Receive and study the report.
The Council indicated that the Report on Paramedic Program Alternatives should be scheduled for the
August 19 meeting for Council consideration.
RE: KNOCKNABOUL WAY ANNEXATION - FILE 5-2-64
Acting Mayor Miskimen declared the public hearing open. No written or oral protests were received.
Acting Mayor Miskimen closed the public hearing.
RESOLUTION NO. 4785 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A SPECIAL
ELECTION TO SUBMIT THE QUESTION OF ANNEXATION TO ELECTORS RESIDING IN CERTAIN
INHABITED TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF SAN RAFAEL, KNOWN AS
THE "KNOCKNABOUL WAY ANNEXATION."
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miski.men
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4785 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSOLIDATING THE
SPECIAL MUNICIPAL ELECTION TO BE HELD FOR THE PURPOSE OF VOTING ON THE QUESTION
OF THE ANNEXATION OF THE TERRITORY KNOWN AS "KNOCKNABOUL WAY ANNEXATION."
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the ballot wording as presented.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - ABANDONMENT OF EASEMENTS-BELLAM SUBDIVISION NO. 1 - FILE 2-12 x 5-1-203
Acting Mayor Miskimen opened the public hearing on the abandonment of a 5 -foot public utilities ease-
ment and a 4 -foot by 6 -foot anchor easement. Public Works Director Caillouette recommended adoption
of the resolution ordering abandonment. There were no speakers from the audience. Acting Mayor
Miskimen closed the public hearing.
RESOLUTION NO. 4787 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS
(Public Utility Easement and Anchor Easement affecitng Lots 6, 7 and 8,
Bellam Subdivision No. 1)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Acting Mayor Miskimen opened the public hearing. Mr. Brunsell was present and represented the Assess-
ment District Counsel.
Public Works Director Caillouette advised that a majority of the property owners in this Assessment
District have withdrawn their objections on condition that a new permanent levee not be required."
He recommended that any land development within the District be subject to three conditions as out-
lined in his memorandum of August 1, 1974. He further advised that the staff will meet with the
property owners and assure that they fully understand these conditions before the public hearing of
October 7.
There were no speakers from the audience.
The Council then took the following action:
WITHDRAWAL OF PROTESTS DATED MAY 23, 1974 WAS FILED WITH THE CITY CLERK.
RESOLUTION NO. 4788 - RESOLUTION CONTINUING HEARING AND ALL MATTERS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
(to October 7, 1974)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4789 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 4509, AS AMENDED, IN THE
MATTER OF THE CREATION OF THE LEVEE MAINTENANCE DISTRICT, EAST SAN RAFAEL
DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALI-
FORNIA.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4790 - RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT AND AMENDED
ESTIMATE OF COST, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
AMENDED ENGINEER'S ESTIMATE OF COST WAS FILED WITH THE CITY CLERK.
AMENDED ENGINEER'S REPORT AND ASSESSMENT WAS FILED WITH THE CITY CLERK.
RESOLUTION NO. 4791 - RESOLUTION AND ORDER PRELIMINARILY ADOPTING AMENDED ENGINEER'S REPORT,
SETTING PUBLIC HEARINGAND CALLING FOR BIDS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(public hearing October 7, 1974, and bid opening September 19, 1974)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4792 - RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
NOTICE OF IMPROVEMENT WAS FILED WITH THE CITY CLERK.
NOTICE INVITING SEALED BIDS WAS FILED WITH THE CITY CLERK.
RE: PUBLIC HEARING ON FINAL ADOPTION OF ORDINANCE NO. 1162 REGARDING FIRE DETECTION DEVICES AND
AUTOMATIC SPRINKLER SYSTEMS - FILE 1-6-4
Acting Mayor Miskimen declared the public hearing open. There were no comments from the audience
and the Acting Mayor declared the hearing closed.
CHARTER ORDINANCE NO. 1162 -An ordinance of the City of San Rafael repealing ordinance No. 1150 and
amending Title 4, Chapter 4.08, SEction 4.08.030 of the Uniform Fire Code and amending Article 13,
Sections 13.037 and 13.316 of the Uniform Fire Code, 1971 Editions, as adopted, relating to Fire
Alarm and Detection Devices and Automatic Sprinkler Systems and adopting by reference the National
Fire Protection Association Pamphlets was passed and adopted as an ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PUBLIC HEARING - AMENDMENT TO TITLE 15, SUBDIVISION ORDINANCE, CONDOMINIUMS - FILE 10-2
Acting Mayor Miskimen opened the public hearing. Senior Planner Winther presented a staff report
on the recommended amendment regulating development of condominiums and conversion of apartments
to condominiums. The Council had received copies of the Planning Commission minutes of July 9, 1974
and the ordinance as recommended to the City Council by the Planning Commission by a 6-0 vote.
Mr. Carl Brown, Executive Officer of Associated Building Industries Association, expressed opposition
to certain portions of the proposed ordinance. He felt that the one-year warranty could expire
before an owner had occupancy. He contended that the setbacks, noise and open space requirements
would make it impossible to meet condominium standards to convert existing units or develop smaller
lots within the City. It was pointed out that on such conversions a procedure similar to the
variance process is available under the Exceptions Section of the Subdivision Ordinance.
ii®
Acting Mayor Miskimen closed the public hearing.
Various concerns of the Council were discussed with the staff. It was moved by Councilman Mulryan,
second by Councilman Nixon, that the recommended ordinance be passed to print.
An ordinance of the City of San Rafael amending Title 15 of the San Rafael Municipal Code by addition
thereto of Chapter 15.50 entitled Condominiums, and numbering Charter Ordinance No. 1163, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Motion by Councilman Nixon, second by Councilman Mulryan, and carried by the affirmative vote of the
four Councilmen present, to direct the Planning Commission to reevaluate this ordinance in light of
its requirements, the policies to be used in its implementation, and any variances that might be per-
mitted (primarily as it relates to the downtown area).
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: AWARD OF CONTRACT - BOYD HOUSE RESTORATION - FILE 4-1-215
Architect Milton Chambers reported on the three bids received in the amounts of $69,800, $74,800, and
$76,943, all above the City's estimated cost.
City Manager Bielser discussed two alternative courses of action; (1) to accept the low bid and (2)
to reject all bids and solicit bids on the open market. He recommended that the bids be rejected and
a local contractor selected, on a time and materials basis with a "not -to -exceed" feature.
Motion by Councilman Mulryan, second by Councilman Jensen, to reject all bids.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Motion by Councilman Jensen, second by Councilman Mulryan, to authorize the Architect and City Manager
to solicit bids from local contractors on a time and materials plus fixed fee basis, with awaed of
contract subject to Council approval.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CONSIDERATION OF HRIING OF ECONOMIC CONSULTANT FOR GENERAL PLAN - FILE 115
City Manager Bielser presented the staff report and recommendation that, if the Council chooses to
have the work performed, the services of Keyser Marston Associates be utilized and that Mr. Michael
Marston be designated to perform such services.
Motion by Councilman Mulryan, second by Councilman Nixon, to approve in concept the selection of Keyser
Marston Associates, specifically Mr. Michael Marston, as the economic consultant for the General Plan
on an hourly basis with no minimum amount required.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
The staff was directed to schedule this item on the next agenda for specific questions from Council.
RE: ORDINANCE DESIGNATING CITY OFFICIALS REQUIRED TO REPORT CONFLICTS OF INTEREST - FILE 9-4-2
An Urgency Ordinance of the City of San Rafael adopting guidelines for implementation of the Govern-
mental Conflict of Interests Act, and numbering Charter Ordinance No. 1164, was adopted as an ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: COUNTRY CLUB ANNEXATION - FILE 5-2-60
RESOLUTION NO. 4793 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A SPECIAL
ELECTION TO SUBMIT THE QUESTION OF ANNEXATION TO THE ELECTORS RESIDING IN CER-
TAIN INHABITED TERRITORY PROPOSED TO BE ANNEXED TO THE CITY OF SAN RAFAEL KNOWN
AND DESIGNATED AS "COUNTRY CLUB ANNEXATION."
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4794 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONSOLIDATING THE
SPECIAL MUNICIPAL ELECTION TO BE HELD FOR THE PURPOSE OF VOTING ON THE QUES-
TION OF THE ANNEXATION OF THE TERRITORY KNOWN AS "COUNTRY CLUB ANNEXATION"
ill
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the proposed ballot wording.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None I
ABSENT: COUNCILMEN: Mayor Bettini
RE: ILLEGAL SIGNS ON POSTS ON FOURTH STREET - FILE 125
In reponse to a complaint from Mr. Walter Smith, 327 Mountain View, about signs being illegally
j placed on posts in the downtown area, it was decided that City department personnel such as Public
i Works would assist the Police officers in taking down illegal signs. This will also be suggested to
the Chamber of Commerce as a possible service.
Councilman Jensen left the Council Chambers.
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENT NO. 3 - FILE 6-22
Following a report from Public Works Director Caillouette, the Council took the following action:
RESOLUTION NO. 4795 - RESOLUTION DIRECTING PROJECT ENGINEER TO PREPARE AND FILE AN AMENDED
ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Acting Mayor Bettini
NOTICE OF ORDER TO FILE AMENDED ASSESSMENT WAS FILED WITH THE CITY CLERK.
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SUPPLEMENTAL ASSESSMENT - FILE 6-22
Director of Public Works Caillouette reported that the supplemental assessment is necessary because
of increased cost of right-of-way acquisition.
RESOLUTION NO. 4795-A - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SUPPLEMENTAL ASSESS-
MENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, EAST SAN
RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT, CITY
OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (September 3, 1974, 8:00 p.m.)
AYES: COUNCILMEN: Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
RESOLUTION NO. 4796 - RESOLUTION OF INTENTION IN THE MATTER OF A SUPPLEMENTAL ASSESSMENT FOR EAST
SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN
COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
ENGINEER's ESTIMATE OF COST WAS FILED WITH THE CITY CLERK.
ENGINEER'S REPORT AND ASSESSMENT WAS FILED WITH THE CITY CLERK.
RESOLUTION NO. 4797 - RESOLUTION AND ORDER PRELIMINARILY ADOLTING ENGINEER'S REPORT AND SETTING
PUBLIC HEARING, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1,
SUPPLEMENTAL ASSESSMENT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(September 3, 1974, 8 p.m.)
AYES: COUNCILMEN: Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
NOTICE OF HEARING WAS FIELD WITH THE CITY CLERK.
Councilman Jensen returned to the Council Chambers.
RE: REQUEST FROM STANDARD BRANDS PAINT COMPANY FOR REHEARING OF MONTECITO SHOPPING CENTER SIGN
STANDARDS - FILE 10-11
Mr. George Allen, Area Supervisor for Standard Brands, requested further consideration by the Council
since they have legal action pending against the City and, if a solution could be reached, court
costs would be avoided.
City Attorney Robbins advised that there are no new facts to be considered and this would be a policy
decision of the Council in view of the pending lawsuit.
Motion by Councilman Mulryan, second by Councilman Nixon, to deny the request for a rehearing.
112
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PROPOSED INCREASE - BUSINESS LICENSE FEES - FILE 9-10
City Manager Bielser reported that requests from the business community that this item be continued
to next meeting have been received. The Council continued the proposed increase to August 19, 1974•
Mr. William Connor, 83-A Clark Street, felt that the Chamber of Commerce request for funds should be
decided prior to consideration of this increase. He was advised that their request has nothing to do
with the business license fees.
RE: PROPOSED INCREASE IN TRANSIENT OCCUPANCY TAX FROM 5 PER CENT TO 6 PER CENT - FILE 9-12
City Manager Bielser gave the staff report, recommending that the Transient Occupancy Tax be increased
to 6 per cent.
Mr. James Mahoney, 5 Sierra Circle, suggested that members of the business community be given an op-
portunity
p-
portunity to speak.
An ordinance of the City of San Rafael amending Title 3, Chapter 3.20, Section 3.20.030 of the Muni-
cipal Code to provide for six (6) per cent tax, and numbering Charter Ordinance No. 1165, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT FROM CITIZENS ADVISORY COMMITTEE ON OPEN SPACE - FILE 9-2-16 x 13-14-1
Chairman Robert Ganiard reported briefly, explaining the Committee's method of voting and the five
categories which are Green Belt, Environmental Resources, Recreation Value, Public Health and Safety
and Neighborhood Values. The Council had previously received a written report.
Speakers from the audience were Mr. Ray Swanson, Mr. Richard Rodriquez, and Mr. Norman Highby.
City Manager Bielser said the staff feels that action should be deferred until the General Plan is
adopted. He also felt it would be appropriate to petition the County for full funding of the four
First Priority Group parcels that are in the County, plus Pinto Ridge.
The Council accepted the report as submitted, but will take no action on it until after the General
Plan is adopted.
Motion by Councilman Nixon, second by Councilman Mulryan, that the Council request the Marin County
Board of Supervisors through the Open Space District to provide funds for the acquisition of Priority
Group One parcels of City -County interest, i.e.; Big Rock Ridge, Ignacio Divide, Chin Ho Property and
San Pedro Preserve, plus the Pinto Ridge property.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4798 - RESOLUTION OF APPRECIATION BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO
THE CITIZENS' ADVISORY COMMITTEE ON OPEN SPACE SELECTION.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON ROBERT DOLLAR MANSION - FILE 13-14-2 x 2-7-1
City Manager Bielser presented proposed ballot working regarding acquisition of the Robert Dollar
Estate. The owners of the property have agreed to an option agreement whereby they will hold the
property until November 20, 1974 and sell it to the City for $250,000 if the ballot measure is success-
ful.
Before making a motion to adopt a resolution calling for a special election Councilman Mulryan ques-
tioned the possibility of withdrawal from the ballot without incurring costs. The City Clerk was
directed to check with the County Elections Department and advise.
RESOLUTION NO. 4799 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A SPECIAL
ELECTION TO SUBMIT TO THE VOTERS OF THE CITY OF SAN RAFAEL A PROPOSITION RE-
GARDING THE ACQUISITION, RESTORATION, OPERATION AND MAINTENANCE OF THAT CER-
TAIN PROPERTY KNOWN AS THE ROBERT DOLLAR ESTATE.LOCATED AT 1408 MISSION AVENUE,
SAN RAFAEL, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
113
RESOLUTION NO. 4800 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A
SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS
OF THE CITY OF SAN RAFAEL A PROPOSITION REGARDING THE ACQUISITION, RES-
TORATION, MAINTENANCE AND OPERATION OF THE ROBERT DOLLAR ESTATE.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 4801 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Option Agree-
ment - Robert Dollar Estate)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Motion by Councilman Jensen, second by Councilman Nixon, to approve the ballot wording as proposed.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
The City Manager was authorized to pursue with the Marin County Board of Supervisors their possible
participation in the purchase of the Dollar Estate.
' RE: REPORT ON TRAFFIC ADVISORY COMMITTEE'S FINDING REGARDING SWANG PROPOSAL FOR PARKING METER
MODIFICATION. - FILE 11-18
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to continue this
item to the first meeting in December, 1974.
RE: REPORT ON PUBLIC OFFICIALS LIABILITY INSURANCE - FILE 9-6
Reports were received from City Manager Bielser and Finance Director Averett regarding the proposed
insurance coverage to protect the City, all elected and appointed officials and all full.time employees.
Mr. Jim Wieder of Minto & Wilkie Insurance Agency, Inc. was present and answered questions of the
Council.
Motion by Councilman Nixon, second by Councilman Mulryan, to authorize the staff to secure the Public
Officials Liability Insurance as proposed.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: RENEWAL OF MUTUAL AID AGREEMENT - HAMILTON FIELD - FILE 4-10-65
RESOLUTION NO. 4802 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with
Hamilton Field Air Force Base - Mutual Aid Agreement)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: SCHEDULE FOR PUBLIC HEARING ON GENERAL PLAN BY CITY COUNCIL - FILE 115
Following the staff report and discussion, the Council set Thursday, August 22, 1974 at 7:30 p.m.,
in the conference room of the City Hall, for the first meeting which would be a work shop session
with representatives from the Planning Commission. Public Hearings were scheduled for 8:00 P.M. in
the Council Chambers on September 4, September 11, September 13, September 16, and September 20,1974.
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
RESOLUTION NO. 4803 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Maggiora &
Ghilotti, Inc., to August 8, 1974)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CITY -COMMUNITY COMMUNICATIONS - FILE 120
This item was held over and will be rescheduled in a few weeks.
RE: AMERICAN REVOLUTION BICENTENNIAL SAN RAFAEL STEERING COMMITTEE - FILE 104
Mrs. Elsie P. Mazzini, President of the Marin County Historical Society, addressed the Council, re-
questing that a steering committee be appointed by the City of San Rafael, and submitted the names
of five persons for consideration.
Motion by Councilman Mulryan, second by Councilman Nixon and unanbmously carried, to appoint the fol-
lowing persons: The Honorable Thomas F. Keating, Mrs. John Gottschalk, Mr. Frank J. Keaton, Mrs.
Elsie P. Mazzini and Mr. J. Kevin Donovan.
114
The Council also authorized the appointment of a staff member to work with the committee.
RE: REPORT ON U.S. HIGHWAY 101 IMPROVEMENTS - HIGHWAY 17 TO IRWIN STREET OFF -RAMP - FILE 11-16
The Council indicated approval of proposed improvements and referred the matter to the Planning Com-
mission for review.
RE: PROPOSED RIGHT-OF-WAY ACQUISITION AGREEMENT - RUSTLER'S STEAK HOUSE - FILE 2-2
City Manager Bielser reported that the staff has negotiated a settlement with the property owners, the
basic elements of which are outlined in his letter of August 1, 1974 to the Mayor and City Council.
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the settlement as recommended
by staff.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON DRUG ABUSE ENFORCEMENT PROGRAM - FILE 9-3-30
It was noted that the Council has received letters from Brian W. Dobb, Administrative Analyst of the
County of Marin, Edmund H. Menken, Acting Chairman of the Drug Abuse Technical Advisory Committee and
a report from Police Chief Kelly. Also, a statement was received this evening from Chairman Wornum of
the County Board of Supervisors.
After discussion, the item was continued for two weeks on motion by Councilman Nixon, second by Council-
man Mulryan and unanimously carried.
RE: PROPOSED ORDINANCE ENTITLED TOW CAR BUSINESS AND OPERATORS - FILE 9-3-30 x 9-10-2
After staff report and discussion of the necessity for the adoption of an ordinance and the problems
now being encountered relative to towing of cars, this item was continued to the meeting of August
19 for additional information from staff.
RE: NON -AGENDA ITEM - WITHDRAWAL OF REQUEST - FILE 6-30
The Council was advised that Coleman Sellers and Gary Gassaway of the ad hoc committee of proponents
and opponents of the Santa Margarita Open Space Assessment District have withdrawn their request for
a meeting with the Council. They will submit questions through Assistant to the City Manager Meador
to Mr. Ness.
RE: NON -AGENDA ITEM - STREET IMPROVEMENTS - NORTHGATE EAST PROJECT - FILE 11-15
Public Works Director Caillouette requested authority to pave a portion of Civic Center Drive and Red-
wood Highway (Frontage Road) along the frontage of the Northgate East Project to conform with the im-
provements being made in the adjacent Northgate East development.
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the overlay request as proposed.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: NON -AGENDA ITEM - CAMPAIGN EXPENSE LEGISLATION - FILE 9-4-2
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to support the bill
presently before the California State Legislature pertaining to regulation of campaign expenses by
General Law Cities.
City Attorney Robbins was directed to expedite preparation of an ordinance regulating campaign expen-
ses in the City of San Rafael.
The meeting adjourned to the next regularly scheduled meeting on August 19, 1974.
MARION A. GRADY, City Clerk`
APPROVED THIS ,��DAY OF t� 19.
J N A. MISKIMEN, Acting Mayor
In the Council Chambers of the City of San Rafael, Monday, August 19, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
115
Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the re-
commended action on the following consent calendar items:
Item
Approval of Minutes of the Special Meeting of July 30, 1974 and the
Regular Meeting of August 5, 1974•
Claim for Damages Against the City of San Rafael - James Oliver,
Claimant (3-1-111)
Chamber of Commerce Contract Proposal File 4-6 x 119
Proposed Increase - Business License Fees File 9-10
Recommended Action
Approve as furnished to each
Council Member.
Deny.
Continue to September 3,1974.
Continue to September 3,1974.
Report on Drug Abuse Program - File 9-3-30 Continue to September 3,1974.
RE: FINAL ADOPTION OF ORDINANCE NO. 1163 REGULATING CONDOMINIUMS - FILE 10-2
CHARTER ORDINANCE NO. 1163 - An ordinance of the City of San Rafael amending Title 15 of the San
Rafael Municipal Code by addition thereto of Chapter 15.50 entitled Condominiums was passed and
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION OF ORDINANCE NO. 1165 INCREASING TRANSIENT OCCUPANCY TAX - FILE 9-12
CHARTER ORDIANNCE NO. 1165 - An ordinance of the City of San Rafael amending Title 3, Chapter 3.20,
Section 3.20.030 of the Municipal Code to provide for six (6) per cent tax was adopted as an ordi-
nance of the City of San Rafael by the following vote, to wit :
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ADOPTION OF URGENCY ORDINANCE ENTITLED TOW CAR BUSINESS AND OPERATORS - FILE 9-3-30 x 9-10-2
CHARTER ORDIANNCE NO. 1166 - An urgency ordinance of the City of San Rafael amending Title 10 of the
San Rafael Municipal Code, by adding thereto Chapter 10.84 entitled Tow Car Business and Operators
was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4805 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES
PURASUANT TO TOW CAR BUSINESS AND OPERATORS ORDINANCE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PARAMEDIC PROGRAM ALTERNATIVES - FILE 9-3-31
Fire Chief Marcucci presented a feasibility report, prepared at Council direction, which included
alternative methods of implementation and estimated costs. He said that a representative of the
Comprehensive Health Planning Council was present and might wish to speak relative to an analysis on
emergency medical care that is being conducted.
Miss Joan Ripple, Director of the Comprehensive Health Planning Council, asked that they have the
--.. opportunity to review the feasibility study prior to Council action. They are charged with setting
up County standards for paramedic services and coordinating with organizations working in the various
aspects of emergency medical care, with a due date of December, 1974.
This matter w -s continued to December or until the plan is completed by the County task force, if
prior to that date.
RE: GENERAL PLAN ECONOMIC CONSULTANT SERVICES - FILE 11
City Planner Ott presented a report proposing a potential procedure for economic evaluation of the
revised General Plan.
116
Following a brief discussion, the matter was scheduled for review at the workshop on the General Plan;
to be held at 7:30 p.m., August 22, 1974.
IRE: CITY -COUNTY MUTUAL AID AGREEMENT - COUNTY SERVICE AREA NO. 19 - FILE 13-5 x 4-13-37
City Manager Bielser recommended approval of the draft agreement for fire protection in the County
Service Area No. 19.
Mr. John F. Barrows, Marin County Administrator, stated his opinion that the Board of Supervisors, on
August 27, 1974, would favorably consider the agreement as proposed with the exception of paragraph
10 pertaining to requesting aerial services from the State Forestry Service. He felt that this should
be considered but not in connection with this agreement.
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the agreement as proposed by the
City Staff (including paragraph 10).
AYES: COUNCILMEN: Jensen, Mulryan and Nixon
NOES: COUNCILMEN: Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4806 - RESOLUTION AUTHORIZING SIGNING OF A LEASE OR AGREEMENT (Mutual Aid Agreement
with the County of Marin - County Service Area No. 19)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bett1ni
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mrs. John Levinsohn said that no provision for improvement of water mains has been made and fire ser-
vice under this agreement would not compare with the protection that would be available in the Coun-
try Club area if they were to annex to the City.
RE: DISCUSSION OF ROBERT DOLLAR MANSION - FILE 13-14-2 x 2-7-1
The Council discussed possible alternative methods for funding the proposed acquisition, restoration,
operation and maintenance of the Robert Dollar property, anticipating substantial County participation
and private contributions.
Councilman Mulryan moved to approve the concept of securing alternative financing, authorize expendi-
ture of open space funds with a ceiling of $75,000, and attempt to solicit the additional funds from
the County of Marin and other sources. The motion was seconded by Councilman Jensen.
A substitute motion by Councilman Nixon to accept in principle the concept of securing alternative
methods of financing and to appropriate $50,000 from open space funds for acquisition of the Robert
Dollar property, a commitment to be valid if additional funds are raised or if the matter goes to
election, was seconded by Councilman Mulryan.
the substitute motion amending the original motion carried by the following roll call vote:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The main motion, as amended, carried by the following roll call vote:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The staff was directed to advise the County Board of Supervisors of this action, demonstrate the
historic County -wide significance of the project and the need and value of County participation, and
obtain their reaction.
RE:
REQUEST FROM MARIN HERITAGE REGARDING ROBERT DOLLAR PROPERTY - FILE 13-14-2 x 2 -7 -1 -
Mr. Fred Dekker, President of Marin Heritage, advised that Marin Heritage has made a firm commitment
of $20,000 toward this project. He also suggested that the City may want to designate the Dollar
Estate as a project in the Bi -Centennial and take advantage of available State or Federal grants.
Mr. Dekker also requested that the ballot wording contained in the recently adopted resolution be
amended to specify use of the property as "a community cultural center, park, and open space reserve."
City Manager Bielser stated that the $50,000 designated from open space funds would reduce the general
tax rate increase amount in the ballot wording from 5 cents to 4 cents.
Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the amended ballot wording
presented by the City staff and Mr. Dekker.
RESOLUTION NO. 4807 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION
NO. 4799 TO REVISE THE BALLOT WORDING IN CONNECTION WITH THE ROBERT DOLLAR
PROPERTY LOCATED AT 1408 MISSION AVENUE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
117
The City staff was directed to investigate the possibility of designating the Robert Dollar property
acquisition and restoration as a City Bi -Centennial project.
RE: AUTHORIZATION TO PREPARE BALLOT ARGUMENT - ROBERT DOLLAR MANSION - FILE 13-14-2 x 2-7-1 x 9-4
- Motion by Councilman Nixon, second by Councilman Miskimen, to authorize the City staff to prepare
the ballot argument for the Robert Dollar Mansion for Council signature.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR MARIN COUNTY BOARD OF SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES -
SPECIAL MUNICIPAL ELECTION, NOVEMBER 5, 1974 - FILE 9-4
RESOLUTION NO. 4804 - A RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY BOARD
OF SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING
THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BELLEVUE AVENUE ASSESSMENT DISTRICT - FILE 6-31
The Council heard a brief report from Director of Public Works Caillouette. Assessment District
Counsel Brunsell asked that Council consider adoption of a resolution granting jurisdiction to the
Board of Supervisors.
RESOLUTION NO. 4808 - RESOLUTION GRANTING JURISDICTION TO THE BOARD OF SUPERVISORS OF THE COUNTY
OF MARIN IN THE MATTER OF BELLEVUE AVENUE ASSESSMENT DISTRICT, COUNTY OF
MARIN, STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON BIDS - LINDARO STREET PUMP STATION REPAIRS, PROJECT NO. 9502-74.199.14 - FILE 4-1-226
Public Works Director Caillouette reported that the one bid received from Pump Repair Servi a-- Company
in the amount of $16,160 is over the estimate of $14,000; however, additional work has been added
that was not in the original estimate.
Councilman Miskimen left the Council Chambers.
Motion by Councilman Nixon, second by Councilman Mulryan, that the contract be awarded to Pump Repair
Service Company.
RESOLUTION NO. 4809 - RESOLUTION OF AWARD OF CONTRACT (Lindaro Street Pump Station Repairs to
Pump Repair Service Company, in the amount of $16,160)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: REPORT ON BIDS - RESURFACING OF VARIOUS STREETS - 1974, PROJECT NO. 9311-74.199.2 - FILE 4-1-225
Councilman Miskimen returned to the Council Chambers.
Public Works Director Caillouette reported that two bids were received; from W. R. Forde in the amount
of $238,740.75 and from Ghilotti Bros., Inc. in the amount of $225,356.50. The estimate was
$230,575.00.
RESOLUTION NO. 4810 - RESOLUTION OF AWARD OF CONTRACT (Resurfacing of Various Streets -
1974, to Ghilotti Bros., Inc., in the amount of $225,356.50)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE REPORT ON BIDS - SLURRY SEAL RESURFACING, PROJECT NO. 9311-74.199.12 - FILE 4-1-224
-- Public Works Director Caillouette reported that one bid was received, from Valley Slurry Seal Company
in the amount of $22,505.76.
RESOLUTION NO. 4811 - RESOLUTION OF AWARD OF CONTRACT (Slurry Seal Resurfacing, to Valley Slurry
Seal Company, in the amount of $22,505.76)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED TAX RATE, FISCAL YEAR 1974-75 - FILE 9-12-1
RESOLUTION NO. 4812 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1974-75 ($.92 for
each $100 assessed valuation for the City of San Rafael)
118
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4813 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1974-75 ($ .88 for each
$100 assessed valuation for the Terra Linda Annexation area)
I
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXERCISE OF OPTION ON ST. ISABELLA'S PROPERTY 0 FILE 2-1-47
This item was continued to the next meeting and the City Manager was directed to contact the School
District regarding school buildings that have been closed and the possibility of utilizing one of the
sites for a library.
RE: PRESENTATION OF RECREATION CENTER PRELIMINARY PLANS - FILE 12-15
Mr. Wagstaff of Wagstaff and McDonald, Architects, presented a comprehensive plan of the proposed
recreation center and landscaping. The item was then referred to the Parks and Recreation Commission
for review in a public hearing. The Council requested that, if possible, the Commission complete the
public hearing and present a recommendation to Council by the September 3, 1974 meeting.
RE: DISCUSSION OF DAVIDSON SCHOOL PROGRAM - FILE 4-7-8 x 9-3-65
After a brief discussion by Council and Staff, this item was continued to the next meeting and scheduled
for discussion by the City -School Liaison Committee on August 29, 1974•
RE: RECREATION CAPITAL IMPROVEMENT PROGRAM - FILE 9-3-65 x 12-15
The need for completion of a five-year capital improvement budget was discussed by the Council, staff
and Chairman Govi and Commissioner Schoen of the Parks and Recreation Commission. The Commission was
directed to expedite the five-year budget and advise the Council an expected date of completion.
RE: RENEWAL OF CITY -COUNTY PLANNING COUNCIL AGREEMENT -FILE 10-2 x 4-13-24
Discussion revealed the Council opinion that action on a joint powers agreement for the Advisory Re-
view Agency should still be withheld until the General Plan is complete.
RESOLUTION NO. 4814 - RESOLUTION AUTHORIZING THE SINGING A A LEASE OR AGREEMENT (with County of
Marin, extending for one year - City -County Planning Council)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Nixon left the Council meeting.
RE: CONTRACT WITH COUNTY OF MARIN FOR FUNDING OF EMERGENCY EMPLOYMENT ACT - FILE 7-4 x 4-13-27
Assistant to the City Manager Meador presented a report, recommending approval of a contract which
would provide City with eight additional positions.
RESOLUTION NO. 4815 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT - (with County
of Marin for funding of Emergency Employnent Act)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REMOVAL OF ONE -FOOT NON -ACCESS STRIP AT WEST SIDE OF ELDA DRIVE ADJACENT TO 50 ELDA DRIVE - FILE
2-5.1
Public Works Director Caillouette presented a staff report recommending removal of a 64 -foot non -access
strip as requested by the developer subject to the four conditions of the Planning Commission.
Mary Conte expressed concern about the possibility of slides and was advised that a soils report must
be furnished and approved by the City Engineer before a building permit is issued.
RESOLUTION NO. 4816 - RESOLUTION REMOVING A SIXTY-FOUR (64) FOOT LENGTH OF A TWO HUNDRED AND
FORTY (240) FOOT LONG, ONE (1) FOOT NON -ACCESS STRIP, FROM THE WESTERLY
SIDE OF ELDA DRIVE ADJACENT TO THE LANDS OF FREITAS AND BEGINNING AT THE
MOST EASTERLY CORNER OF LOT 61, SAID POINT OF TANGENCY OF A 201 RADIUS CURVE
AND THE WESTERLY RIGHT OF WAY LINE OF ELDA DRIVE AND TERMINATING S70 20' t
SIXTY-FOUR (64) FEET THEREFROM AS SHOWN ON THE RECORD SUBDIVISION MAP OF
''TERRA LINDA UNIT 20''
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Motion by Councilman Mulryan, second by Councilman Miskimen and carried by the affirmative vote of
119
of the four Councilmen present, to allow two weeks after receipt of the soils report for public re-
view prior to issuance of building permit.
RE:
REMOVAL OF ONE -FOOT NON -ACCESS STRIP AT END OF WESTWOOD DRIVE - FILE-2-5.1—
MOORING
ILE2-5.1
RESOLUTION NO. 4817 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP, FORTY (40) FEET IN
LENGTH, FROM THE NORTHWESTERLY TERMINUS OF WESTWOOD DRIVE AS SHOWN ON THE
RECORD SUBDIVISION MAP OF ''WESTWOOD UNIT ONE''
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF CONTRACT TIME - FILE 5-1-213
RESOLUTION NO. 4818 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (GOLDEN
DEVELOPMENT AND MANAGEMENT, INC., to October 21, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE:
MOORING ROAD SEWER ASSESSMENT DISTRICT - EXTENSION OF CONTRACT TIME - FILE 6-28
RESOLUTION NO. 4819 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (MAGGIORA
& GHILOTTI, INC., to August 13, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSED AGREEMENT - RADIO COMMUNICATIONS - FILE 4-13-1
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the extension of the agreement
with the County of Marin for communications maintenance services as proposed by City staff.
RESOLUTION NO. 4820 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County
of Marin)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
NON -AGENDA ITEM - BALLOT ARGUMENTS FOR ANNEXATION ELECTIONS - FILE 9-4
In response to a question from staff, the Council agreed that the City staff not write affirmative
ballot arguments for the two upcoming annexation elections.
MARION A. GRADY, City Clerk
APPROVED THIS ��/( DAY OF 19
MAYOR OF THE CITY OF SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Tuesday, September 3, 1974, at 7:00 P.M.
Special Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council met in Executive Session at 7:00 P.M. to discuss property acquisition. No action
was taken.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF 19 7_•
MAYOR OF THE CITY OF/SAN RAFAEL
1�o
In the Council Chambers of the City of San Rafael, Tuesday, September 3, 1974, at 8:00 O'Cloc
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Mayor Bettini reported that the Council received legal advice from the City Attorney at the
Executive Session held prior to this meeting. No action was taken.
RE: CONSENT CALENDAR
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried to approv
with the exception of Agenda Item No. 3, ''Claim for Damages - Walter F. Freitas, et al, Claim
Claim No. 3-1-118," the recommended action of the Consent Calendar items, as follows:
Item
Approval of Minutes of the Regular Meeting
of August 19, 1974.
Claim against the City - Mr. & Mrs. Albert
Vipiana, Claimants - Claim No. 3-1-118.
Ordinance Relating to Distribution of
Advertising Material.
Report on Drug Abuse Program.
Chamber of Commerce Contract Proposal.
Proposed Increase - Business License Fees.
Recommended Action
Approve as furnished to each
Council member.
Deny and refer to
City's insurance carrier.
Continue to the meeting
of September 16, 1974.
Continue to the meeting
of September 16, 1974.
Continue to the meeting
of September 16, 1974.
Continue to the meeting
of September 16, 1974•
RE: PUBLIC HEARING - SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30
Mayor Bettini reopened the public hearing which had been continued from the meeting of July 1
Mr. Walter Jorgenson, President of the Santa Margarita Homeowners Association, restated their request
by letter dated August 23, 1974 that the public hearing be further continued for sixty days until the
public hearings on the General Plan are completed. He felt that a majority of the homeowners
supported the formation of the Assessment District and with the completion of the General Plan some
of the principal questions of the opponents would be answered. He also requested an appraisal of the
property in question so that cost figures would be available.
City Clerk Grady read into the record a letter from Peter and Charlotte Schmid urging the Council
to grant the requests for time extension and allocation of funds for an appraiser.
In view of the great amount of opposition to the formation of the District, the Council concensus
was that a new petition should be circulated or the signatures on the present petition reaffirmed,
if the proponents wish to continue with the District. Mr. Ness advised that it would be less con-
fusing to abandon the present proceedings and start with a new petition than to reaffirm the
present signatures. The Council also discussed the possibility of amended boundaries.
Motion by Councilman Mixon, second by Councilman Jensen, to deny the request for a sixty-day
extension.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
A motion by Councilman Nixon and second by Councilman Miskimen to authorize the City staff to obtain
an appraisal of subject property were withdrawn after discussion, and the staff was instructed to
schedule the question of appraisals of open space parcels for Council consideration on a future
agenda after adoption of the 1974 General Plan.
Jane Ditmars, 908 Patricia Way, Peter Bertoni, and Ann Gregory, 962 Patricia Way, briefly addressed
the Council. The general feeling was that without an appraisal and cost figures it would be very
difficult to circulate a new petition.
Director of Public Works Caillouette submitted a survey of the communications favoring and opposing
formation of the Assessment District and a report relating to the spread of the assessment.
Motion by Councilman Mulryan, second by Councilman Jensen, to abandon the proceedings in the Santa
Margarita Open Space Assessment District.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Mixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mr. Ness advised that he would present a Resolution of Abandonment at the next meeting as it is a
legal requirement.
Councilman Nixon objected to the allegations and derogatory criticism directed toward the Council
and the proponents of the Assessment District after the petition was filed.
1 RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SUPPLEMENTAL
ASSESSMENT - FILE 6-22
Mayor Bettini opened the public hearing for determining public convenience and necessity for the
supplemental assessment.
Mr. Edwin Ness, Assessment District Counsel, reported that the Notice of Hearing was filed and the
public hearing set at the meeting August 5, 1974. The property owners were mailed notices and the
required posting has been done.
Protests were received from Henry J. Ghilotti and Elmo V. Maggiora, 1912 Redwood Highway, Corte
Madera; Robert D. Leech, Auditor, Francisco Company, 616 Canal Street, San Rafael; and Fairview
Lands, Inc. signed by Dino Ghilotti.
Councilman Nixon was excused from the Council Chambers after advising that a client was involved
in the Assessment District.
Mr. Bob Rich, representing Dr. Norman, advised that he has a petition for a fill permit on file with
the Army Corps of Engineers. Mr. Carlos Gonzales spoke in clarification fo the protest from
Ghilotti and Maggiora.
Public Works Director Caillouette advised that the Army Corps of Engineers had indicated that the
Redevelopment Master Plan will be the basis for their issuance of fill permits.
Mayor Bettini declared the public hearing closed. The Council took the following action:
RESOLUTION NO. 4822 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE SUPPLEMENTAL ASSESSMENT IN EAST SAN RAFAEL
DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT, CITY OF
SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 4823 - RESOLUTION OVERRULING PROTESTS
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 4824 - RESOLUTION AND ORDER APPROVING ENGINEER'S REPORT, ORDERING THE LEVY
OF THE SUPPLEMENTAL ASSESSMENT AND CONFIRMING ASSESSMENT, EAST SAN
RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 4825 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL
NOTICE INVITING BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
THE OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS TO BE RECEIVED ON SEPTEMBER 16, 1974 at
2:00 P.M. WAS FILED WITH THE CITY CLERK.
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - ISSUANCE OF ADDITIONAL BONDS - FILE 6-22
Mr. Edwin Ness, Assessment District Counsel, represented the Assessment District in requesting
authority for the issuance of additional bonds from contingency funds.
RESOLUTION NO. 4826 - RESOLUTION AUTHORIZING ISSUANCE OF BONDS IN THE AMOUNT OF $107,409.69,
AMENDING RESOLUTION OF INTENTION IN THE MATTER OF THE TERM OF SAID BONDS,
FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING
BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT NO. 1,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
10
THE OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS TO BE RECEIVED ON SEPTEMBER
2:00 P.M. WAS FILED WITH THE CITY CLERK.
Councilman Nixon returned to the Council Chambers.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP74-31) CHRISTIAN
EDUCATION CENTER, 1675 GRAND AVENUE - ASSEMBLY OF GOD CHURCH - FILE 10-5
Mayor Bettini opened the public hearing.
16, 1974 at
Senior Planner Winther Presented the staff report, outlining the background of previous actions on
this use. Council had been furnished copies of the planning staff report; Planning Commission
minutes; letters of appeal; letters from Peter M. Jacobsen, Nursery School Board Chairman, and
Bok Reitzel, One Locust Avenue, in favor of the use, and letters from Ben DeCarlo, 873 Belle Avenue,
and Mr. and Mrs. John Keown, 83 Clyde Avenue, opposing the use.
Mrs. Frank O'Callaghan and Mr. Joseph DimicelI, appellants, said their appeals were based on the
following. 1 an R-3 use in an R-1 district, 2) it would add to the traffic problem and noise
pollution, 3) it would not be consistent with the General Plan, and 4) the use is not a school as
much as it is a day-care center.
Other speakers in opposition to the proposed use were Mr. Sadler of Dominican Drive, Mr. A. M.
Donnan, One Grand Court, Mr. Len Humphrey, 1664 Grand Avenue and Barbara Costello, 1610 Grand Avenue.
Mr. David Flowers, Attorney representing the Assembly of God Church in its application for a use
permit, advised that the use proposed is for a Christian school and not a day-care facility. He
said that 77 of 114 Neighbors favor the use and urged Council approval.
Persons speaking in favor of the use were Tom Shaw, Director of the Marin Tennis Club, Tom Hemphill,
87 Deer Park, Libby Byers, 40 Newhall Drive, John McCabe, 25 Palm Avenue and Pete Jacobsen.
Reverend Sequeira, Pastor of the Assembly of God Church asked Council approval and felt that
education is a function of the Church and the requested use is a church -oriented activity.
The Council discussed the delineated limited use at the time of the initial use permit approval and
the assurances given to the residents of the area that future use will be so limited.
Mayor Bettini closed the public hearing.
Motion by Councilman Nixon, second by Councilman Jensen, to reverse the decision of the Planning
Commission and grant the appeal.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECREATION CENTER PRELIMINARY PLANS - FILE 12-15 x 4-3-57
City Manager Bielser presented the Parks and Recreation Commission recommendation approving the
design with the addition of a 12' x 12' door in the back of the stage. He recommended Council
authorization for the architect to proceed.
Motion by Councilman Nixon, second by Councilman Jensen, to authorize the architect to prepare
final working drawings, cost estimates, specifications and bidding documents.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT OF CITIZENS ADVISORY COMMITTEE ON SAN RAFAEL CANAL - FILE 9-2-17
Chairman Fred F. Enemark, Citizens Advisory Committee on the San Rafael Canal, presented a written
report and recommendation on the proposed houseboat and marina control ordinances. He advised that
Federal regulations relating to waste and refuse should be completed by the end of the year. City
Manager Bielser advised that the Houseboat regulatory ordinance would be scheduled on the agenda for
Council consideration within the month. The staff was directed to put a calendar on the remaining
ordinances till the end of the year, pending adoption of Federal regulations.
RE: REPORT ON BIDS - POLICE/FIRE BOAT - FILE 4-10-72 x 4-2-106
A report was received from Assistant to the City Manager Meador with recommendation that the bid be
awarded to Recreation Equipment Company. Chief Kelly advised that information in the bid specifica-
tions was received from other Police agencies.
Councilman Miskimen left the Council Chambers.
Following Council discussion, Councilman Jensen was appointed to work with the staff in the review
and modification of the specifications.
Motion by Councilman Mulryan, second by Councilman Nixon, to reject the bid and readvertise with
modified specifications.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
Councilman Miskimen returned to the Council Chambers.
RE: RECIPROCAL AGREEMENT WITH OTHER MUNICIAPL LIBRARIES - FILE 4-10-76 x 9-3-61
Iu3
City Librarian Smith reported on the reciprocal agreement proposed for the free exchange of
services with other municipal libraries in Marin County.
Motion by Councilman Mulryan, second by Councilman Nixon to approve the agreements.
RESOLUTION NO. 4827 - RESOLUTION AUTHORIZING SIGNING OF AGREEMENTS
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPOINTMENT OF PARKS AND RECREATION COMMISSIONERS - FILE 9-2-4
City Manager Bielser reported that the two Commissioners whose terms will expire in October, 1974,
have expressed interest in remaining on the Commission. Two additional persons have indicated
interest in appointment to the Commission.
Motion by Councilman Jensen, second by Councilman Nixon, that Charles Tacchi and Del Davis be
reappointed to the Parks and Recreation Commission for four-year terms to expire in October, 1978.
The Council indicated that the names of the interested persons should be kept on file and they
should be so notified.
RE: APPROVAL OF CONSULTANT CONTRACT FOR CATV SURVEY AND RATE ANALYSIS - FILE 9-7-4 x 9-2-21 x 4-3- -
Assistant to the City Manager Meador presented a report and the Citizens Advisory Committee on
Cable Television's recommendation that Telecommunications Management Corporation be hired for consul-
tant services with the cost to be shared on an equal basis between Tele-Vue and the City. City Manager
Bielser said that the staff recommendation is that the entire amount should be paid by Tele-Vue, and
would be appropriate in view of the pending rate increase.
Mr. Kurt Jorgensen, Manager of the local Tele-Vue Systems, said that they are agreeable to sharing
half of the expense but felt that the City should pay half. He asked that the matter be held over
so that the Citizens Advisory Committee could be represented.
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the recommended contract with
Telecommunications Management Corporation with the entire cost to be paid by Tele-Vue Systems, Inc.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4828 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Tele-Vue
Systems --re contract with Telecommunications for CATV survey)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4829 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Tele-
communications Management Corporation --for CATV survey)
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
RE: REPORT ON BID OPENING - BOYD MUSEUM HOUSE - FILE 4-1-215
Council received a report from Architect Milton Chambers recommending award of bid to Joseph E.
Redmond, the low bid.
RESOLUTION NO. 4830 - RESOLUTION OF AWARD OF CONTRACT (to Joseph E. Redmond)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE:
CORTE MESA SUBDIVISION AGREEMENT - EXTENSION OF TIME FOR 90 DAYS - FILE 5-1-219
Mr. Gerald Craner, 158 Glen Park Avenue, spoke in opposition to the extension. He said that the
developer is obtaining water to the development from Dominican Drive through a temporary pipe.
He asked that the developer not be allowed to delay further the successful completion of the
drainage as the temporary installation is causing a major problem on his property.
The request for extension was continued to September 4, 1974.
�04,
RE: REPORT ON BID OPENING FOR ROAD MATERIALS - FISCAL YEAR 1974-75 - FILE 4-2-1ce /r
RESOLUTION
NO. 4831 -
RESOLUTION OF AWARD OF CONTRACT (Road Materials, Fiscal
Year 1974-75,
Basalt Rock Company)
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RESOLUTION
NO. 4832 -
RESOLUTION OF AWARD OF CONTRACT (Road Materials, Fiscal
Year 1974-75,
McPhail's, Inc.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN
None
ABSENT:
COUNCILMEN:
None
RE: PROPOSED LANDSCAPING PROJECT - FRANCISCO BOULEVARD PUMP STATION SITE - FILE 12-7
After discussion,
Councilman
Nixon moved and Councilman Mulryan seconded, to
refer the iter
Parks and
Recreation
Commission for any suggestions in relation to a Park.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RE: FEDERAL -AID URBAN SYSTEM - REPORT ON THREE-YEAR PROGRAM FOR MARIN COUNTY - FILE 11-15.1
RESOLUTION NO. 4821 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
THREE YEAR FEDERAL -AID URBAN PROGRAM RECOMMENDED BY THE MARIN COUNTY
URBAN SELECTION COMMITTEE
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CECCOTTI TRACT SUBDIVISION AGREEMENT - EXTENTION OF TIME - FILE 5-1-200
RESOLUTION NO. 4833 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Lee R.
Ceccotti, Eva J. Ceccotti and Shamrock Materials, Inc., to September 1, 1975)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE INCREASING DOG LICENSE FEES - FILE 9-10-2 x 13-3
Motion by Councilman Mulryan, second by Councilman Nixon, to approve in concept the increase in dog
license fees from $5.00 to $7.50 for unaltered dogs and from $2.50 to $3.75 for those which have
been altered.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: None
RE: REPORT OF CITY/SCHOOL LIAISON COMMITTEE - FILE 4-7-8 x 9-2
Councilman Miskimen reported on the August 29, 1974 joint committee meeting. The drainage problem
was considered u.rgent and the committee felt it should be solved before any other action is taken.
RE: EXERCISE OF OPTION ON ST. ISABELLA'S PROPERTY - FILE 2-1-47
Following staff report and Council discussion regarding the fact that no school space is available
from the Dixie School District, a motion was made by Councilman Mulryan and seconded by Councilman
Nixon, to direct staff to attempt to extend the option agreement.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MUTUAL AID AGREEMENT - CITY AND COUNTY REGARDING CSA No. 19 - FILE 4-13-37
City Manager Bielser reported with regard to County action on the mutual aid agreement for fire
protection in County Service Area No. 19.
Motion by Councilman Nixon, second by Councilman Jensen, to delete paragraph No. 10 from the
agreement with the County of Marin.
125
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST TO PROVIDE RECREATION PROGRAM - FILE 120
A request from the Town Meeting Association that the City staff provide a recreation program for
the Town Meeting was denied by Council.
The Council adjourned to 8:00 P.M., September 4, 1974.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF7�, 19 7 f
MAYOR OF THE CE. OF SAN RAFAEL