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HomeMy WebLinkAboutMinutes 1973-1977 pt. 4196 In the Council Chambers of the City of San Rafael, Monday, March 3, 1975 at 8:00 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 Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried to approve the re- commended action of the following Consent Calendar items: Item Recommended Action Appointments to Library Board - File 9-2-3 Clarice T. Recommend appointment to Library Board for Kraemer and Elizabeth Merriman terms expiring April, 1977 Receipt of Library Preliminary Plans and Specifications - Recommend referral to Library Board for re - File 12-8 x 9-2-3 port back to Council. Claim for Damages - Mr. & Mrs. G. H. Craner - File Recommend denial and refer to insurance 3-1-149 carrier. RE: REPORT ON APPLICATION FOR SAN RAFAEL POET LAUREATE - FILE 148 Councilman Jensen moved, seconded by Councilman Miskimen, to appoint Mr. Jeremy Dwyer with the honorary title, Poet Laureate. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PRESENTATION BY PACIFIC TELEPHONE OF ANALYSIS OF MUNICIPAL TELEPHONE SYSTEM - FILE 121 Raymond L. Meador, Assistant to the City Manager, presented the staff report on the analysis of the City's present phone system. The two alternatives placed before Council are whether to upgrade the present 740 system, or replace the present apparatus with a solid state mechanism. Messrs. Bob Jordan and Bob Turner of the Pacific Telephone and Telegraph Company clarified some of the technical and cost aspects of the two systems. Following their presentation, Councilman Jensen moved and Councilman Mulryan seconded to sign an agree- ment upgrading the existing telephone Madel 740 system. Councilman Nixon made the suggestion that a year from now we look into the feasibility of buying our own system. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: HISTORICAL PRESERVATION ORDINANCE - FILE 13-14-2 x 9-2-24 The finalized ordinance was presented to Council members. Members from the audience who voiced their opinions were: Mr. Mario Ghilotti, contractor, was critical of the proposed ordinance and suggested many deletions and inclusions; Councilman Nixon requested Mr. Ghilotti place his proposed changes in writing for Council's perusal. Mr. David Greenlee, of the Marin Builders Exchange, believes the definitions in the ordinance are too broad and suggested it be further reviewed from the building owners' viewpoint; he would like to see the ordinance revised. Mr. Fred Grange expressed his negative feelings towards many features of the ordinance. Mary Dekker (Vice President of Marin Heritage) views the ordinance favorably, and concurs in its enactment. Fred Dekker also believes the ordinance will benefit the community. Councilman Nixon moved, second by Councilman Mulryan, to continue this item and hold a Public Hearing on April 7, with the understanding that any interested party submit, in writing, changes they would like to see made in the ordinance. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PEOPLES BALLROOM COALITION - ALBERT PARK - FILE 9-3-65 x 9-3-66 Ron Lambert, representing the Peoples Ballroom Coalition, 16 Willow St., posed question of Council, due to the withdrawal of the use permit by City Manager Bielser for the rock concert/political rally which had been secheduled at Albert Park. Would Council impose the same requirements if the group were to apply for a future permit? Council Members responded affirmatively. 197 RE: PROPOSED BUDGET ADJUSTMENTS, 1975-76 BUDGET - FILE 8-2 x 8-5 City Manager Bielser directed Council's attention to the mid -year financial report on the 1974-75 budget in which certain adjustments were required for the Park Development and Gas Tax funds to balance. Councilman Mulryan moved, and Councilman Jensen seconded the approval of the proposed changes as recommended. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RF_ AGRFFMFNT WITH MARIN COUNTY HISTORICAL SOCIETY FOR BOYD HOUSE MUSEUM - FILE 139 x 4-13-4o After receiving a report from City Manager Bielser relative to the mutually agreeable Tenancy Agree- ment negotiated with Marin County, Councilman Jensen moved and Councilman Miskimen seconded approval of the lease agteement by resolution. RESOLUTION NO. 4934 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (COUNTY OF MARIN AND MARIN COUNTY HISTORICAL SOCIETY) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AGREEMENT WITH COUNTY OF MARIN FOR CETA FUNDING - FILE 4-13-41 x 8-14 Following a brief resume from the City Manager, Councilman Mulryan moved, and the motion was seconded by Councilman Miskimen to approve the program agreement under CETA, Title VI, by resolution. 'RESOLUTION NO. 4935 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (COUNTY OF MARIN FOR CETA TITLE VI FUNDING) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None { -n ! RE: REPORT ON SB 275 - FILE 7-2 Council members had no questions on the report provided by Mr. William Bielser. Councilman Mulryan moved to sign the resolution opposing the Bill as a Council; Councilman Nixon seconded the motion. RESOLUTION NO. 4936 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL OPPOSING THE PASSAGE OF SENATE BILL 275. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CORTE MESA, A CONDOMINIUM SUBDIVISION - CONSIDERATION FOR EXTENSION OF TIME - FILE 5-1-219 _ Mayor Bettini was excused; Vice Mayor Miskimen presided. Since the City has a claim which is related to the Corte Mesa development, Director of Public Works Caillouette recommended a two-week extension of time be granted. Councilman Mulryan moved, seconded by Councilman Nixon, to approve the extension to March 17, 1975• RESOLUTION NO. 4937 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (CORTE MESA, A JOINT VENTURE) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Vice -Mayor Miskimen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON FEDERAL -AID URBAN PROJECT - FOURTH STREET - MIRACLE MILE RECONSTRUCTION, FROM MARQUARD AVENUE TO WESTERLY CITY LIMITS - FILE 4-10-66 x 12-18 x 11-15 x 2-7.1 Ely Caillouette, Jr., Director of Public Works, gave a detailed report, highlighting the funding of the project. With regard to the undergrounding of utilities to Greenfield Avenue, Councilman Nixon indicated that he would rather see the money spent in the general interest of San Rafael. Council requested Mr. Caillouette to obtain an estimate for extending the underground of utilities at the present time, as opposed to doing it later. They also asked him to negotiate with Mr. Nannizzi for the property required for the necessary right-of-way. He is also to acquire anappraisal for the easterly lot on Greenfield Avenue for acquisition (as supported by Mr. Harry K. Winters, 2011 Spring Grove Ave.) The vacant lot would be utilized as a lanscaped focal point. RE: TRAFFIC SAFETY PROGRAM GRANT - FILE 11-13 The Director of Public Works presented a report on the program, funded from the National Highway Act, which would include an analysis of the following items: Automated Traffic Accident Information System, Traffic and Accident Surveillance Study, Computerized Traffic Signal System Program, and Com- prehensive Parking Study in the Central Business District. The four topics shall be compiled into i i II l one study and Mr. Caillouette shall request approval of the funds from the California Office of Traf- fic Safety. Council accepted the report as submitted. RE: RAILROAD - HIGHWAY CROSSING IMPROVEMENTS - FILE 117 x 12-1 x 11-20 The Director of Public Works submitted a memorandum to Council informing them of the Federal program by which the City would be eligible for 90% funding for six different railroad highway crossing im- provements. Councilman Jensen moved to authorize Mr. Caillouette to apply for the available funds; Councilman Mulryan seconded the motion. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FOR CITY OF ARCATA RE RAIL PASSENGER SERVICE - FILE 9-5-A x 117 This item was placed on the agenda by Mayor Bettini. Council concurred wholeheartedly to support the re-establishment of passenger rail service for the northcoast, as suggested by the City of Arcata. Councilman Mulryan proposed the adoption of a resolution with respect to the endorsement - seconded by Councilman Jensen. RESOLUTION NO. 4938 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SUPPORTING THE REESTABLISHMENT OF PASSENGER RAIL SERVICE FOR THE NORTHCOAST. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNC.I.LMEN: None ABSENT:000NCILMEN: Miskimen RE: COUNCIL CONSIDERATION - RESOLUTION OF APPRECIATION - CITY ATTORNEY - FILE 9-3-16 x 102 Councilman Jensen, moved to adopt the resolution; Councilman Nixon seconded the motion. The framed Resolution of Appreciation was read and presented to Fred C. Robbins, Jr. by Mayor Bettini in recognition for his many services offered the City, culminating with his role as City Attorney. Mr. Robbins acknowledged; he offered his services to Council in any capacity that they might find use for them. RESOLUTION NO. 4939 - RESOLUTION OF APPRECIATION TO FRED C. ROBBINS, JR. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: Miskimen RE: UTILITY RATE INCREASE POLICY - FILE 9-11-5 Following much discourse on the pros and cons of Council involvement in rate increase matters, Council- man Mulryan suggested inviting a representative of the utility company for a one-time presentation (to be scheduled for a regular Council meeting) and, at that time a judgment can be made as to whether it is a worthwhile move. The proposed action was seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: RESOLUTION AUTHORIZING CITY MANAGER TO SIGN TRAINING AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL - FILE 9-3-30 Councilman Jensen moved to adopt the resolution as presented - seconded by Councilman Nixon. RESOLUTION NO. 4940 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN RAFAEL AND THE STATE OF CALI- FORNIA DEPARTMENT OF HIGHEAY PATROL. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bett,ini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council moved to Executive Session to discuss property acquisition. Upon completion of the Execu- tive Session, the Council adjourned to meet on Tuesday, March 11, 1975 at 5:00 P.M. for the purpose of swearing in all newly -elected officials, in conformity with the election code. MARION A. GRADY, City Cl APPROVED THIS DAY OF 19 MAYOR OF THE CITY 0 SAN RAFAEL r— 199 In the Council Chambers, Tuesday, March 11, 1975 at 5:00 P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Fred E. Jensen, Councilman Arrived (5:15) Jack G. Nixon, Councilman RE: GENEERAL MUNICIPAL ELECTION MARCH 4, 1975 - FILE 9-4 RESOLUTION NO. 4941 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CANVASS OF RETURNS AND RESULTS OF GENERAL .MUNICIPAL ELECTION HELD ON MARCH 4, 1975. AYES: COUNCILMEN: Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon RE: SWEARING IN OF NEWLY ELECTED OFFICIALS - FILE 9-4./ City Clerk, Marion A. Grady was given the oath for her new term of office by Mayor C. Paul Bettini. Then the City Clerk administered the oath to Board of Education members Herman L. Childress, Gale Fisher and Francis X. Kelly and to Mayor C. Paul Bettini, Councilmen Fred Jensen, John A Miskimen, and to City Tax and License Collector John B. Averett and City Attorney Harry A. Connick. MARION A. GRADY, City Cler APPROVED THIS C� DAY OF _ C 19 7S� MAYOR OF THE CIr OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday March 17, 1975 at 7:00 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman The San Rafael City Council met in Executive Session to discuss litigation on property acquisition (Freitas vs. City of San Rafael). No action was taken. MARION A. GRADY, City Clerk APPROVED THIS ,-?/ DAY OF 19 ?� MAYOR OF THE CITY OF SAN RAFAEL 200 In the Council Chambers of the City of San Rafael, Monday, March 17, 1975 at 8:25 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 (8:30 P.M.) RE: CONSENT CALENDAR Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to approve the recommended action of the following Consent Calendar items: Item Recommenddd Action Approval of Minutes - Regular Meeting of February 24, 1975. Approve as provided to each Council member. Report of Citizens' Advisory Committee on Cable Television. Request continuation for 60 days. File 9-2-21 Corte Mesa, a Condominium Subdivision - Extension of Time. RESOLUTION NO. 4942 - RESOLUTION EX - File 5-1-219 TENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORKTO May 5, 1975• Request for Hearing by Board of Examiners and Appeals - Frank Set hearing for April 21, 1975• E. Hawkins, Jr., 111 "C" Street. File 9-3-32 x 9-2-7 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PRESENTATION BY MARIN MUNICIPAL WATER DISTRICT - EAST SAN RAFAEL PIPE YARD - FILE 10-2 City Manager Bielser introduced Mr. J. Dietrich Stroeh, General Manager of Marin Municipal Water Dis- trict. Mr. Stroeh made a presentation to Council, describing the Water District's plans to purchase a ten -acre parcel near San Quentin Point with the intention of filling part of the area with spoil materials taken from pipe trenching operations. The District's Board of Directors has expressed the desire to use the rest of the property as a natural game refuge or public park, and they would like to work with the City to develop such a park. The City Council referred the matter to staff and the Redevelopment consultants for analysis and re- commendations. RE: REZONING (Z73-14) MARIN COVENANT CHURCH/OFFICE COMPLEX, NORTH REDWOOD ROAD, FROM "U" (UNCLASSI- FIED) DISTRICT TO PUD -AP PLANNED UNIT DEVELOPMENT - FILE 10-3 x 10-5 Prior to beginning the continued public hearing, Mayor Bettini reiterated that Council had received the Environmental Impact Report and its Supplement, eight sets of Planning Commission minutes and staff reports on the matter (beginning in June 1974 up to and including the January 28, 1975 meet- ing), had heard a report from Caltrans at the March 3 meeting, viewed slides presented by Sasaki, Walker Associates, architects of the proposed project, received a scale model of the project, and was now ready to receive the public comments and criticisms. He then declared the public hearing open. After consulting with City Attorney Connick, Councilman Nixon excused himself due to a possible con- flict of interest. Mr. John Wolf, attorney and environmental consultant speaking on behalf of the Marin Chapter of the Sierra Club, repeated points from the ten -page letter which had been presented to Council. His main contention was that the project was illegal in many ways and involved bad planning. Mr. Gilbert M. Deane, Chairman of the Marin County regional group of the Sierra Club, expressed the concern of his organization regarding the proposed rezoning; he urged Council to deny the application for the rezoning. Mr. Bill Love, President of the Mont -Marin Homeowners Association, questioned the traffic, grading and air and noise pollution stemming from the project and asked that Council take them into considera- tion. Mr. Sam Dederian, 15 Canyon Oak Drive, remarked that grading is an irrevocable act (especially 200,000 cubic yards) and the project whould be judged and weighed in terms of its value to the com- munity. He said that it should be kept in mind that the use is temporary but the effect is permanent. He also stated it was his belief that the EIR is technically faulty. Mrs. Marge Russom, 97 Upper Oak Drive, has no objection to the rezoning, but stated the project should fit the terrain and, inasmuch as it involves such radical grading, she believes the plans should be re-evaluated on that basis. Mrs. Tina Ferris, Mont -Marin Homeowners Board, agreed with Mrs. Russom and felt the approval should be subject to the mitigation measures contained in the EIR and its addendum. Mr. Mark Mueller, 28 Harding Drive, Novato, agreed with the two previous speakers, stating that he would like to see the project fit the hill and terrain rather than the terrain graded to fit the pro- ject. 2®i Mr. Carney Campion, 810 Butternut Drive, spoke in favor of the project, stating that it is an outstand- ing community project that has meaningful long-range benefits and warrants an affirmative vote. Mr. Hollis Gardner, a partner of Sleezer & Eckhoff, urged Council's approval of the project. In his opinion the proposal is not an unsitely project, but an attempt to blend the project with the area and will be a great asset to the area along the highway. f Mr. Dick Fox, addressed the Council stating that he favors approval of the project; however, approval that disregards the mitigating steps contained in the EIR is a contradiction which in his opinion is not legally acceptable. It was explained that should the Council elect to allow the grading against the advice'of the consultants, they can give its reason for so doing. Mr. Edmond Kagi, a dite planning consultant for the Marin Covenant Church, advised the Council that they will respond to any questions Council members might have with regard to any issues raised. Gary Copeland, Pastor of Marin Covenant Church, responded to a Council query with the information that the Church is purchasing the land on option. Mr. Kagi further advised the Council that they have taken every possible effort to make the project acceptable and there is no way they can substantially alter the grading without abandoning the project. Mayor Bettini closed the public hearing. Following Council discussion with Planning Director Hotchner with regard to lot splits and the impact of the project, Councilman Mulryan moved that they accept the EIR and supplement as presented. The motion was seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Councilman Mulryan then moved to deny the rezoning. The motion was seconded by Councilman Jensen. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: Nixon RE: APPEAL OF PLANNING COMMISSION APPROVAL FOR ADDITION TO FIREMAN'S FUND BUILDING AND PARKING AREA ED 72-62b), 1600 LOS GAMOS DRIVE - FILE 10-7 The Council unanimously approved the written requeest of Mr. Albert Bianchi, attorney for the appli- Icant, to continue the hearing to the meeting of April 7, 1975. RE: APPEAL OF PLANNING COMMISSION DENIAL FOR CONVERSION OF 35 -UNIT APARTMENT TO CONDOMINIUM, 216 MARIN STREET. APPLICANTS: EDWARD T. GHIRARDO AND HORST HANF. - FILE 10-6 Mayor Bettini opened the public hearing. Sam Young, attorney for the applicants, requested postponement of the item so that the City Attorney may have sufficient time to review the legal aspects involved. Mr. Young shall prepare a written summary of the legal points for the Council's and City Attorney's consideration. Michael Flynn, speaking on behalf of the Gerstle Park Neighborhood Association, opposed the contin- uance. Motion by Councilman Mulryan, second by Councilman Jensen, to grant the continuance to April 21,1975 with the stipulation that there be no more continuances after that date, and that the applicant's attorney be required to provide the written legal points to Mr. Flynn as well as the Council and City. I Attorney. j AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1180 ESTABLISHIRQ A CULTURAL AFFAIRS COMMISSION - FILE 9-2-24 i r Councilman Jensen and Mayor Bettini opposed the final adoption on the grounds that the ordinance con- tains a sentence referring to the Historical Preservation Ordinance which is not finalized. Mr. James Mahoney, 5 Sierra Circle, addressed the Council urging postponement of final adoption. CHARTER ORDINANCE NO. 1180 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.16 j of the Municipal Code of the City of San Rafael, by adding thereto Sections 2.16.200 through 2.16.230, establishing a Cultural Affairs Commission and setting forth its duties and responsibilities, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: DISCUSSION OF PRELIMINARY PLANS FOR LIBRARY EXPANSION - FILE 4-3-64 Council reviewed the preliminary plans for the expansion of the Main Library. The proposed plans had been presented to and approved by the Library Board of Trustees. The Council unanimously authorized Phillips and Finisy to proceed with the preparation of final plans, specifications, cost estimates and bidding documents. RE: PROPOSED PROJECT APPROVAL - STATE OF CALIFORNIA NORTHERLY EXTENSION OF THE TAMALPAIS AVENUE FRONT- AGE ROAD FROM LAS GALLINAS AVENUE TO 3-R SCHOOL - FILE 11-15-1 This item was continued from the meeting of February 3, 1975• Councilman Miskimen left the Council Chambers. With regard to the State Department of Transportation request concerning the City's acceptance of the proposed frontage road extension and the request of the owners of the two adjoining parcels of land that they be annexed, Councilman Mblryan moved to deny the acceptance and the annexation, on the grounds that the retail building to be constructed on the site does not comply with City standards; Councilman Nixon seconded the motion. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen Councilman Miskimen returned to the Council Chambers. RE: DISCUSSION OF SIGN ORDINANCE MORATORIUM - FILE 125 Councilman Nixon placed this item on the agenda for discussion of the feasibility of extending the present sign ordinance moratorium from the downtown area to include the redevelopment area. He felt that there is a possibility that should a business owner who is now in the redevelopment area comply with the City's present sign ordinance, he may in the future (upon completion of Phase IV of Redevelop- ment) be required to meet more stringent conditions. Council members discussed the repercussions that may arise from such a course of action. Peter Breckus, attorney for the San Rafael Chamber of Commerce, expressed his belief in Councilman Nixon's position and stated he would like to present some information to Council for consideration. Council requested that he submit a report in writing which, if Council members decide to pursue the matter, would be referred to the Redevelopment Citizens Advisory Committee or the Planning Department. RE: COUNCIL POLICY REGARDING SALE OF BAGELS FROM CARTS ON PUBLIC SIDEWALKS AND CONSIDERATION OF USE PERMIT UP75- , BAKERY LOCATION 117 SHAVER STREET, CHARLES E. STRECKFUSS, OWNER: MARIN ENTERPRISERS, REPRESENTATIVE - FILE 10-5 Larry, Norton, Past President for Marin Aid to Retarded Children, and Brian Cross, Executive Director for Marin Aid to Retarded Children, urged Council to favorably consider the proposal by Marin Enter- prisers, a subsidiary, to sell bagels from sidewalk carts at two locations in the City. Since approval of such a venture would set a definite precedent, Councilman Nixon suggested that should problems arise that had not been anticipated, Council have the right to revoke the permit any any time with 30 days notice. The applicants accepted the stipulation. Mayor Bettini made the proposal to authorize two locations - one presently in back of the sidewalk on City property at Fourth and Hetherton bus stop; the other at a location off the public street to be approved by the Planning Commission. Councilman Nixon moved to provide the use permit; Councilman Miskimen seconded the motion. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Mulryan left the Council meeting. RE: REPORT ON EMERGENCY REPAIRS - TERRA LINDA SWIMMING POOL - FILE 9-3-65 x 12-15 Director of Recreation A.J. Snyder, Jr. submitted the cost estimates for replacement of the main pump and repair of leaking pipes and valves. Councilman Jensen suggested that staff investigate whether the Sanitation District can handle the job at less cost to the City. Councilman Miskimen moved to approve the emergency repairs; Councilman Nixon seconded the motion. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: RECOMMENDATION OF PARKS AND RECREATION COMMISSION REGARDING POLICY FOR MAINTENANCE OF SCHOOL FACILITIES - FILE 9-3-65 In accordance with Council's previous request, Director of Recreation Snyder provided Council with the Park and Recreation Commission's written recommendations pertaining to the City's position on the maintenance of school facilities and obligations to special interest groups who may use joint facilities. Councilman Jensen left the Council Chambers. Staff concurred with the six conditions included in the Commission's policy statement, and Councilman Nixon moved to adopt the statement as presented. The motion was seconded by Councilman Miskimen. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen Mulryan 203 RE: COMMUNICATION FROM MARINWOOD COMMUNrTY SERVICES DISTRICT - FILE 5-2-6 City Manager Bielser gave a short report with regard to the letter submitted to Council by Mr. Lawrence B. Malkin, Chairman of the Marinwood Community Services District. The Marinwood CSD requested that they be repayed the $118 for legal fees incurred due to the detachment of Old Lucas Valley Road. Since the City had necessitated the road's detachment in order to permit its annexation, the staff concurred that the Marinwood CSD's request for reimbursement for the legal fees was justified. Motion by Councilman Nixon, second by Councilman Miskimen, to authorize the reimbursement of monies requested. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan Councilman Jensen returned to the Council Chambers. RE: PROPOSAL BY SUPERVISOR ARRIGONI REGARDING CITATION PROCEDURE - FILE 9-3-30 Police Chief Kelly provided Council with a written and verbal report endorsing Supervisor Arrigoni's position that the initiation of a citation procedure in lieu of arrest for some victimless crimes would benefit Marin County from a cost standpoint. Councilman Nixon moved to approve the program conceptually; second by Councilman Miskimen. Staff is to inform Supervisor Arrigoni and District Attorney Bales of the Council's favorable consideration of the proposal. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: DISCUSSION OF PARKING LIMITATIONS - FILE 11-8 Mayor Bettini suggested Council consider a three-day removal of parking limitations to benefit the merchangs in their Spring Festival of Values April 10, 11 and 12. Councilman Jensen moved approval; second by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CAMPAIGN LAW VIOLATIONS - FILE 9-4-2 City Clerk Marion A. Grady submitted a written report to Council, asking for a determination as to how to proceed with those candidates who failed in complying to the deadline date in Charter Ordi- nance 1168; Council unanimously agreed to instruct the City Clerk to take no formal action against thea. With regard to Mr. Richard Stark's failure to file any contribution or expenditure forms as required gy Title 9 and by Charter Ordinance 1168, Council instruttd City Attorney Connick to file misdeameanor charges against him. The matter with regard to Mr. Kehrlein's late filing has also been placed in the hands of the City Attorney. RE: CONTRACT WITH COMPUTER MAPPING COMPANY (COMARC) - FILE 4-3-65 x 4-16-4 Planning Director Hotchner made a brief report on the utilization of computers as a significant step in implementing the General Plan; he pointed out that if the process is employed it would be the beginning of a continuing system in subsequent /ears. RESOLUTION NO. 4943 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with COMARC Design System) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 4944 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the San Rafael Redevelopment Agency to repay 50 percent of the $15,000 cost for the Computer Mapping Program) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: FEDERAL AID URBAN PROJECT - FOURTH STREET -MIRACLE MILE ROADWAY IMPROVEMENTS FROM 0 WESTERLY CITY LIMITS - FILE 4-10-66 x 11-15 x 2-7.1 D AVENUE Director of Public Works Caillouette discussed the items required for the necessary right-of-way. Appraisals were made and Mr. Nanzinni agreed to accept $5,000 for the property. Council approved the funding and staff will prepare the agreement for Council's final approval. With regard to the acquisition of the 4500 square foot parcel at Greenfield and Miracle Mile, Council referred it to the staff and Parks and Recreation Commission for review from the standpoint of monies available. 2®4 Councilman Jensen moved the approval for the undergrounding for the 2-1/2 block area; Councilman Miskimen seconded the motion. I AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan (Councilman Miskimen left the Council meeting) RE: DEED OF CONVEYANCE FOR UNDERGROUND ELECTRIC DISTRIBUTION AND STREET LIGHTING FACILITIES IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24 Motion b- Councilman Nixon, second by Councilman Jensen, to convey the underground electric distribu- tion and street lighting facilities to Pacific Gas and Electric Company, as per the agreement of October 3, 1973. i I RESOLUTION NO. 4945 - RESOLUTION AUTHORIZING EXECUTION OF DEED IN THE FORM ATTACHED HERETO AS EXHIBIT "B" CONVEYING THOSE CERTAIN UNDERGROUND ELECTRIC DISTRIBUTION AND STREET LIGHTING FACILITIES HERETOFORE INSTALLED AND CONSTRUCTED IN THE BAHIA DE RAFAEL INDUSTR1AL PARK ASSESSMENT DISTRICT. AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mulryan RE: RECOMMENDATION OF PLANNING COMMISSION AND PLANNING STAFF REGARDING LAFCO PROPOSAL - FILE 10-2 Planning Director Hotchner presented a verbal report and staff recommendations, along with the action taken by the Planning Commission on March 11, 1975. Councilman Nixon moved to disapprove LAFCO's proposal to expand its duties and responsibilities; second by Councilman Jensen. AYES: COUNCILMEN: Jensen, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mulryan RE: GLENWOOD SCHOOL PROJECT PROGRESS REPORT - FILE 4-7-7 Since the inception of the project three years ago, costs have risen considerably and the School Dis- trict is not in a position to provide the supplemental funding. The City -School Liaison Committee has come up with the compromise that if the City were to pay for the additional $19,000 cost increase of the project, the District would provide a portion of its Davidson School property for the City's planned swimming pool and related recreation uses. Councilman Nixon moved to appropriate the funds required to proceed with the project, authorizing by resolution an amendment to the City -School Joint Powers Agreement to accomplish the Glenwood School Project and the pool site; second by Councilman Jensen. RESOLUTION NO. 4951 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the San Rafael City School District) AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mulryan RE: CITY COUNCIL ASSIGNMENTS - FILE 9-1 Mayor Bettini suggested that each Councilman submit a list of the Boards and Committees he would like to serve on for the coming two years. The idea was received favorably and the item was carried over. RE: RESIGNATION OF PLANNING COMMISSION - FILE 9-2-6 Planning Commissionr Alan Kay submitted his written resignation to .the Mayor (to become effective in thirty days). Council accepted the resignation and called for new applications (within the next thirty days) for those who are interested in serving on the Planning Commission. Councilman Nixon asked City Attorney Connick to research what is conflict of interest, in terms of clients who are representing other people at the meetings. Mayor Bettini agreed that there should be a clear policy determination and Mr. Connick was instructed to prepare a report. The City Council adjourned to the next regularly scheduled meeting of April 7, 1975. MARION A. GRADY, City Clerk APPROVED THIS 1-� %DAY OF 197s-- MAYOR 9%SMAYOR OF THE CITY UIF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 7, 1975 at 8:00 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 205 Motion by Councilman Jensen, second by Councilman Nixon, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes - Regular Meeting of March 3, 1975. Approve as furnished to each Council Member. Contract with State of California - Cooperative Personnel Adopt Resolution No. 4946 authorizing execG- Service - File 7-4 x 4-10-56. tion of three-year agreement. Posting of Bicycle Route Signs - Point San Pedro Road - Refer to Parks and Recreation Commission. File 9-3-65. Acceptance of Grant of Easement for Maintenance of Sani- Adopt Resolution No. 4947 - RESOLUTION tary Sewer and Storm Drain - Lot 132 - Rafael Racquet Club ACCEPTING GRANT OF STORM DRAIN AND SANI- Estates Unit Four - File 5-1-160. TARY SEWER EASEMENT. Consideration of Purchase of Property - Greenfield Avenue Refer to Planning Commission and Parks and and Miracle Mile. File 2-7-1. Recreation Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED COMMUNITY GARDEN PROGRAM - FILE 9-3-66 This item was removed from the Consent Calendar by Councilman Miskimen for Council discussion. Motion by Councilman Mulryan, second by Councilman Miskimen, that the program be approved in concept subject to approval of the Parks and Recreation Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: HISTORIC PRESERVATION ORDINANCE - FILE 13-14-2 The Council received copies of the proposed ordinance prior to the meeting, as well as a letter of opposition dated April 4, 1975 from Mario M. Ghilotti. Mayor Bettini opened the public hearing. Mr. Herman Deitch, Realtor, suggested that the work ''young'' be deleted from the third line from the bottom of Section 2.18.10 and the Council agreed. Mr. Deitch also felt that a property should not be included on any list compiled by the Cultural Affairs Commission as outlined in Sections 2.18.40 and 2.18.50 without prior notification to the property owner. Mrs. Mary Dekker, Vice President of Marin Heritage, addressed the Council and presented an alternative ordinance which was explained briefly by Mr. Dick Breiner. Mr. Andrew James Ring, President of the San Rafael Chamber of Commerce, made a brief presentation of the main points they were including in a proposed ordinance, a draft to be completed within ten days and submitted to the City staff. The public hearing was continued for thirty days (May 5, 1975) and the City Attorney was instructed to review the proposals and prepare a report for the Council. RE: APPEAL OF PLANNING COMMISSION APPROVAL - ADDITION TO FIREMAN'S FUND BUILDING AND PARKING AREA - FII F in -7 Mayor Bettini declared the public hearing open. Planning Director Hotchner reported that the Council has copies of the staff report, Planning Commis- sion minutes wherein the addition was conditionally approved, and a letter of appeal from the Mont - Marin Homeowners Association. Mrs. Tina Ferris, speaking on behalf of the appellants, withdrew the appeal. Mayor Bettini closed the public hearing. Motion by Councilman Nixon, second by Councilman Mulryan, to deny the appeal and uphold the action of the Planning Commission. 206 AYES: NOES: ABSENT: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini COUNCILMEN: None COUNCILMEN: None RE: CONSIDERATION OF REVOCATION OF SIGN VARIANCE (V73-38), 507 FRANCISCO BOULEVARD, DOMINIC'S RESTAURANT - FILE 10-4 Planning Director Hotchner referred to the staff report and the Planning Commission minutes recommend- ing revocation of the variance. Councilman Miskimen reported that the applicant had requested a two- week continuance, since he was ill and unable to attend this meeting. Motion by Councilman Jensen, second by Councilman Miskimen, that this item be continued to the meeting of April 21, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM THE MARIN COVENANT CHURCH - FILE 10-3 x 10-5 Councilman Nixon left the Council Chambers. This item was placed on the agenda at the request of Councilman Miskimen for discussion as to whether it should be reconsidered in connection with the development of the Smith Ranch property now at Plann- ing Commission level. Speaking on behalf of the Marin Covenant Church were Edmond Kagi, Architect, and Gary Copeland, Pastor. They asked for reconsideration of the project as soon as possible. Other persons addressing the Council were John Wolf of the Sierra Club and Anise Turina. A motion was made by Councilman Mulryan to waive the six-month requirement and all fees for reapplica- tion to the Planning Commission; and that the application be considered concurrehtly with the Smith Ranch project. (It was noted that this would not necessarily require waiting for all the rezoning, so long as the Commission review covers the entire area.) Second by Councilman Miskimen. Councilman Jensen offered a substitute motion to schedule a rehearing on the zoning at the meeting of April 21, 1975. The City Attorney ruled that the motion was improper for a substitute motion. The original motion carried by the following roll call vote: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon returned to the Council Chambers. RE: REPORT ON APPLICATIONS FOR CULTURAL AFFAIRS COMMISSION - FILE 9-2-24 The Council scheduled Monday, April 14, 1975 at 7:30 P.M. for interviewing the 17 applicants. RE: REPORT ON AMENDMENT TO AGREEMENT - COMMUNITY DEVELOPMENT ACT OF 1974 - FILE 4-13-38 Motion by Councilman Jensen, second by Councilman Mulryan, to adopt the agreement as amended in Ex- hibit A. RESOLUTION NO. 4948 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with County of Marin - Housing and Community Development Act Cooperation) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN:None ABSENT: COUNCILMEN: None =RE: REPORT OF CITY ATTORNEY REGARDING CONFLICTS OF INTEREST - FILE 9-4-2 The Council accepted the written report from City Attorney Connick. RE: CITY COUNCIL ASSIGNMENTS - FILE 9-1 The following action was taken by the Council: Motion by Councilman Jensen, second by Councilman Miskimen, that Councilman Mulryan be_appointed Vice - President of the City Council for a two-year term. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Nixon, second by Councilman Mulryan, to appoint Councilman Jensen as the primary member of the Priority Setting Committee for Housing and Community Development Act. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 207 Motion by Councilman Nixon, second by Councilman Mulryan, to appoint Councilman Miskimen as San Rafael Sanitation District representative for a two-year term. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None Councilman Miskimen and Mulryan were appointed as members of the City -School Liaison Committee and Councilman Nixon was appointed alternate member. At Councilman Miskimen's suggestion, the Council discussed the length of the Council meetings and possibilities for shortening the meetings. It was decided to continue the present procedure, for the time being, and attempt to schedule items with public participation for the earlier portion of the meeting. RE: PERSONS ADDRESSING COUNCIL ON MATTERS NOT ON THE AGENDA Mr. Harry Winters suggested to the Council that they consider a policy whereby when a Commission member's term expires he must reapply if he so desires, and be considered along with new applicants. (File 9-2) !Mr. Cliff Elbing addressed the Council regarding minor problems at the Boyd House such as lighting and the location of the drinking fountain. This was referred to the City staff for attention. (File 112-15) Mr. James Mahoney suggested reconsideration of the Sanitation District appoinment or the designation of Councilman Jensen as an alternate member. (File 9-1) RE: SAN RAFAEL CANAL DREDGING PROJECT PROPOSED SPOILS DISPOSAL SITES - FILE 12-10 Motion by Councilman Nixon, second by Councilman Miskimen, that the staff be authorized to negotiate with the owners to acquire the necessary rights, and to prepare a draft Agreement for Council con- sideration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT OF ROMA REGARDING MARIN MUNICIPAL WATER DISTRICT'S EAST SAN RAFAEL PIPE YARD - FILE 10-2 City Manager Bielser presented the report from Rockrise Odermatt Mountjoy Amis, stating that the use appears to be in conformance with the City's General Plan. Motion by Councilman Mulryan, second by Councilman Nixon, to approve the proposed pipe yard and fill operation in concept, that the project be reviewed by the Planning Commission when it is finalized, and that the ROMA report be forwarded to the Marin Municipal Water District. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT OF CITY'S BICENTENNIAL REPRESENTATIVE - FILE 9-2-2 The Council heard a status report from Peggy Woodring, Bicentennial representative. Ms Woodring was directed to prepare a recommended program and present to the Council for consideration at a future meeting. RE: RESOLUTION OF APPRECIATION FOR PLANNING DIRECTOR ALAN KAY - FILE 9-2-6 x 102 RESOLUTION NO. 4949 - RESOLUTION OF APPRECIATION TO ALAN KAY. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM MR. BRENT DICKENS REGARDING BUILDING CODE REGULATIONS - FILE 9-3-32 Chief Building Inspector Coates recommended that any approval be conditional; however, he stated that :the building code does not provide for conditional approval of occupancy permits. Discussion revealed Council agreement that approval should be granted only for an architectural office, with application for any other use to go before the Planning Commission. The necessity for fire zones was also discussed. On motion by Councilman Nixon, second by Councilman Mulryan and unanimous vote of the Council, the question of the necessity for fire zones was referred to the Fire Commission for review. Mr. Brent Dickens advised that he would accept the restriction to Architectural use. Motion by Councilman Mulryan, second by Councilman Nixon, to grant a conditional occupancy for an architectural office at 804 ''A'' Street to Mr. Brent Dickens. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 28 RE: APPOINTMENT OF CITY TREASURER - FILE 9-3-15 Motion by Councilman Mulryan, second by Councilman Jensen, to appoint John B. Averett as City Treasurer. RE: DISCUSSION OF POLICY REGARDING APPOINTMENTS TO BOARDS AND COMMISSIONS - FILE 9-2 This item was on the agenda at the request of Councilman Nixon. Motion by Councilman Nixon, second by Councilman Mulryan, that it be the policy of the Council that any Commissioner who wishes to be reappointed must reapply under normal procedures for interviewing applicants, and be interviewed along with all other applicants who wish to be considered. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMITTEE REGARDING PROPOSED DONATION OF ART COLLECTION - FILE 9-2 x 105 Mayor Bettini and Councilman Mulryan or Councilman Nixon were designated to serve on a committee which would include two Council members and representatives from the City staff, to meet with Mr. C. Frederick Faude' in connection with an offer to donate his Oriental and Asian art collection in conjunction with a local museum. RE: PETITION REGARDING ANIMAL CONTROL - 13-3 Councilman Mulryan introduced the petition from John S. Amato for Council discussion. The City staff was directed to contact the Marin County Humane Society regarding this complaint and report to Council. RE: COMMUNICATION FROM AMTRAK RE ARCATA-EUREKA-BAY AREA SERVICE - FILE 9-5-A x 117 The Council discussed the response to Resolution No. 4938 received from AMTRAK and directed that a copy be transmitted, from the Council, to Congressman John A. Burton. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mayor Bettini and Councilman Nixon left the Council Chambers; Vice Mayor Mulryan presided. Public Works Director Caillouette reported that Mr. Ness, Assessment District Counsel, has recommended that the resolution of necessity for condemnation be adopted. RESOLUTION NO. 4950 - RESOLUTION OF NECESSITY FOR CONDEMNATION, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini The Council moved to Executive Session to discuss pending litigation (Freitas vs. City of San Rafael) and property acquisition. No action was taken on these matters. The Council also issued instructions to its Employee Negotiator. The Council then convened in Open Session and by motion authorized the expenditure of up to $500,000 to the Terra Linda CSA for the purchase of open space, with the following conditions: (1) That the County of Marin contribute $500,000; (2) That the CSA contribute approximately $1,000,000; and (3) That the Oak Hill property be included within the CSA with the understanding that the CSA's expendi- tures would not have to exceed $200,000 for the purchase of this property in that the City would pay for any costs above the $200,000 if it were found necessary to do so. FILE 14-13-1 Council then adjourned to 7:30 P.M., April 14, 1975• MARION A GRADY, City Clerk.: APPROVED THIS _ AY OF 19Z. ' MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, April 14, 1975, at 7:30 P.M. Sepcial Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman IThe San Rafael City Council met in Executive Session and interviewed applicants for the Cultural Affairs Commission. MARION A. GRADY, City Clerk. APPROVED TH I S DAY OF 1 9 �S! MAYOR OF THE CITY bOP SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, April 21, 1975, at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: Fred E. Jensen, Councilman The San Rafael City Council met in Executive Session to discuss property acquisition, issue instruc- tions to Employee Negotiator, and interview applicant for Cultural Affairs Commission. CL/1.Lt yLJ Lt G c`c MARION A. GRADY, City Clerk APPROVED THIS, DAY OF 4f y� 4.4=- - MAYOR OF THE CITY OF SAN RAFAEL 19 7,5_-_� 210 In the Council Chambers of the City of San Rafael, Monday, April 21, 1975, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent; Fred E. Jensen, Councilman RE: APPOINTMENTS TO CULTURAL AFFAIRS COMMISSION - FILE 9-2-24 Mayor Bettini reported that the Council had met in Executive Session at 7:30 P.M. and completed the interviews of applicants. Motion by Councilman Nixon, second by Councilman Mulryan, to appoint the following persons to the Cultural Affairs Commission: Ann Batman, Richard Carter, Helga Epstien, Patricia Meyer and Mary Dekker. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to establish a sub- committee to be responsible for making recommendations to the Cultural Affairs Commission relative to Historical Preservation, the duration and the number of members of this subcommittee to be determined later, and appointees to be considered from the list of applicants to the Cultural Affairs Commission as well as anyone else who may apply. RE: CONSENT CALENDAR Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the recommended action of the following Consent Calendar items: Item Approval of minutes of the Adjourned Regular Meeting of March 11, 1975, Special Meeting of March 17, 1975, and the Regular Meetings of March 17 and April 7, 1975. Appeal - AP 9-150-11, 12 and 19 - Samuel P. Gardiner (Subdivision) (File 10-8) Excess Property Program. (File 9-3-31) Lease Agreement between the City of San Rafael and the San Rafael Redevelopment Agency (File 4-16-3) Recommended Action Approve as furnished to each Council member. Set public hearing for 8:00 P.M., May 5, 1975. RESOLUTION NO. 4952 - Authorizing the City's Director and Assistant Director of Emergency Services to submit applications RESOLUTION NO. 4953 - A RESOLUTION AUTHORIZ- ING THE SIGNING OF A LEASE OR AGREEMENT (for property located at 1313 Fifth Avenue) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: PUBLIC HEARING - APPEAL BY FRANK E. HAWKINS, JR., 111 "C" Street to BOARD OF EXAMINERS AND AP- PEALS - FILE 9-3-32 x 9-2-7 Mayor Bettini opened the public hearing. Chief Building Inspector Coates gave a staff report in reference to Mr. Hawkins' appeal to the Council for alternative solutions to the requirements of the Building Code or a time extension to accomplish these requirements. The Council had received copies of the letter of appeal and the staff report. Planning Director Hotchner confirmed that the Planning Commission approved the Use Permit on condition that within 30 days of approval the building be in compliance with all building codes. Mr. Frank E. Hawkins, Jr., Appellant, contended that the improvements totalled less than fifty percent of the building valuation; therefore, the unimproved portion of the building would be a legally non- conforming use. He asked that he not have to meet the 1975 Code for the existing structure. He agreed to comply with the Code on all improvements he has made. Following a discussion period, Councilman Nixon was appointed to meet with Jack Coates and Frank Hawkins, view the building, and report to Council. The item was continued for two weeks to the meet- ing of May 5, 1975. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL FOR CONVERSION OF 35 -UNIT APARTMENT TO CON- DOMINIUM. 216 MARIN STREET - EDWARD T. GHIRARDO AND HORST HANF, APPLICANTS - FILE 10-6 Mayor Bettini announced that this is a continuation of the public hearing of March 17, 1975 and asked for the staff report before hearing public comments. A request for another two-week continuance by Mr. Hugo Landecker, Vice President of the Gerstle Park Neighborhood Association, on behalf of the President of the Association who was out of the City and wished to speak on this matter, was opposed by the applicant and denied by the Council. 2II Planning Director Hotchner advised that Council has been furnished copies of the staff reports and Planning Commission minutes of January 14, 1975, the Notice of Appeal of Planning Commission Action, the Petition for Exceptions submitted by the applicant's attorney, City Attorney Connick's Legal Opinion dated April 17, 1975, and the Planning Directors supplemental report to the City Manager dated April 21, 1975. Mr. Sam Young, Attorney, represented the applicants in their appeal of the Planning Commission denial of the Tentative Subdivision Map for condominium purposes of the Oak Hill Apartments, and refusal to grant the request for exceptions. He asked the City Council to make an exception to the Condominium Ordinance based on the particular facts and circumstances of the project. Other persons addressing the Council were Mr. Dick Rodrigues, urging denial of the application for condominium conversion on behalf of the Gerstle Park Neighborhood Association, and Mr. Bill Cannon who expressed the belief that approval of any project that warranted exceptions would not set a pre- cedent for any other case. Mr. Edward Ghirardo, Applicant, stated that they had followed the same procedure as on a previous pro- ject and believed they would be able to convert to a condominium. Mayor Bettini closed the public hearing. There was Council and staff discussion involving the background of this item and the Condominium Ordi- nance and Moratorium. Motion by Councilman Mulryan, second by Councilman Nixon, to deny the exceptions on the basis of the findings in pages 1 through 3 attached to the memorandum dated April 21, 1975 from the Planning Director to the City Manager, and previous discussions that gave rise to the Condominium Ordinance. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: Jensen RE: PROGRESS REPORT ON CITIZENS ADVISORY COMMITTEE ON SAN RAFAEL CANAL - FILE 9-2-17 Mr. Fred Enemark, Chairman of the San Rafael Canal. Citizens Advisory Committee, presented a progress report, including information as to the availability of a grant from the Department of Navigation and Ocean Development in connection with a marina development. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mr. Edwin Ness, Assessment District Counsel, was present and stated that the actions before the Council were routine. City Attorney Connick advised that, since the Council would be reduced to less than a quorum, both Councilman Nixon and Mayor Bettini who asked to be excused because of a possible conflict of interest should remain and act on this item. The Council then took the following actions: RESOLUTION NO. 4954 - RESOLUTION CONFIRMING PAID AND UNPAID LIST AND REQUESTING THAT THE AUDITOR OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, SHALL MAKE EX- TENSION OF INSTALLMENTS THEREOF ON THE TAX ROLLS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RESOLUTION NO. 4955 - RESOLUTION ESTABLISHING MATURITY SCHEDULE FOR BONDS TO BE ISSUED IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RESOLUTION NO. 4956- RESOLUTION APPOINTING COUNTY TREASURER OF THE COUNTY OF MARIN AS PAYING AGENT FOR BONDS TO BE ISSUED IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: CONSIDERATION OF REVOCATION OF SIGN VARIANCE (V73-38), 507 FRANCISCO BOULEVARD DOMINIC'S RESTAURANT,H.ERBERT A. CROCKER, OWNER, WILLIAM MC DEVITT, REPRESENTATIVE - FILE 10-4 This item was continued from the meeting of April 7, 1975 at the request of the applicant and Council had previously received the staff report. Mr. William McDevitt, applicant, summarized the background and present status of Dominic's signing. He stressed the importance of identification and requested an extension of the variance until other signs in the area are brought into compliance. 1 a 212 Motion by Councilman Mulryan, second by Councilman Miskimen, to allow 30 days for the applicant to re- move Signs 3 and 6 (as shown on the Planning Department staff report map); otherwise, Variance V73-38 is revoked. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REQUEST OF MARIN COUNTY OF OPEN SPACE DEDICATION AT FALKIRK - FILE 13-14-1 Motion by Councilman Nixon, second by Councilman Mulryan, that the Council adopt the staff recommenda- tion and retain in perpetual open space the two acres outlined in Exhibit ''A'' of the staff report. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REPORT ON APPLICATIONS - REDEVELOPMENT CITIZENS ADVISORY COMMITTEE AND PLANNING COMMISSION VACANCIES - FILE 140 x 9-2-6 The Council instructed the City Manager to schedule interviews for the eight applicants for the Plann- ing Commission vacancy and the five applicants for the Redevelopment Citizens Committee vacancy for 7:30 p.m. on April 28, 1975 and from 4:00 to 6:00 p.m. on May 12, 1975. RE: REPORT OF CITY'S BICENTENNIAL REPRESENTATIVE - FILE 9-2-23 This item was continued to May 5, 1975• RE: REPORT ON CITY NEWSLETTER - FILE 145 The Council heard a report from Assistant to the City Manager Meador; the item was then continued and will be considered as an optional item during the budget sessions. RE: COMMUNICATION FROM LUCAS VALLEY HOMEOWNERS ASSOCIATION REGARDING INTERCHANGE IMPROVEMENTS - FII F it -1A Motion by Councilman Nixon, second by Councilman Mulryan, that the Council endorse and concept set forth in the letter from the Lucas Valley Homeowners Association and direct the staff to notify Caltrans of this endorsement. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REPORT ON FORTUNE TELLING ORDINANCE - FILE 146 The Council received a draft ordinance from City Attorney Connick and a memorandum from Police Chief Kelly recommending adoption of the ordinance which prohibits fortune-telling for monetary profit. A member of the Board of Directors of the Marin Para -Psychology Association said she saw no need for such an ordinance and objected to the broad definition of ''fortune-telling.'' Elisa Giambastiani, 49 East Mission, also opposed adoption of the ordinance as drafted, and Dick Rodrigues, 10 Clark Street, felt the proposed ordinance is too restrictive. The Council was in agreement that the existing prohibitory ordinance should be repealed and expressed different views as to whether a regulatory ordinance or a less -restrictive prohibitory ordinance should be adopted. The item was returned to the staff for review and revision. RE: AUTHORIZATION TO SEEK HISTORIC PRESERVATION GRANT - FALKIRK - FILE 13-14.2 Motion by Councilman Nixon, second by Councilman Miskimen, to approve the staff recommendation. RESOLUTION NO. 4957 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING THE APPLICATION FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR THE FALKIRK RESTORATION PROJECT AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: ALBERT PARK COMMUNITY RECREATION CENTER - CONTRACT CHANGE ORDER - FILE 12-15 x 4-1-234 Motion by Councilman Nixon, second by Councilman Mulryan, to approve the Contract Change Order in the amount of $11,145.75 as recommended, for additional work at the Brusati property. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: SANITARY SEWER SYSTEM REHABILITATION PROJECT NO. 9513-74.160 - HUD - SANITARY SEWER GRANT - FILE 12-6 x 4-1-230 Motion by Councilman Nixon, second by Councilman Mulryan, to approve the plans and specifications and authorize calling for bids on the project. 213 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: NON -AGENDA ITEM - SUMMER BAND CONCERTS - FILE 9-3-6 This item was introduced by Councilman Nixon for Council discussion regarding band concerts at the Dollar House during the summer. The staff was directed to do some preliminary planning with regard to the scheduling of the program. The Council adjourned;the regular meeting and reconvened for a continuation of the 7:30 P.M. Executivd Session. i Council then adjourned to 7:30 P.M., April 28, 1975 for an Executive Session to interview applicants for the Redevelopment Citizens Advisory Committee and the Planning Commission. Adjournment was in 1 memory of Captain Borba. MARION A. GRADY, City Clerk APPROVED THIS �� DAY OF27�19 7,. MAYOR OF THE—CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, April 28, 1975 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 The San Rafael City Council met in Executive Session to interview applicants for the Redevelopment Citizens Advisory Committee and the Planning Commission. MARION A. GRADY, City Clerk APPROVED THIS �' DAY OF )—)-7CLcI 19 � �C MAYOR OF THE CITY OF SAN RAFAEL 214 In the Council Chambers of the City of San Rafael, Monday, May 5, 1975, at 8:00 P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilmi Jack G. Nixon, Councilman Motion by Councilman Mulryan, second by Councilmab Jensen, and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Approval of Minutes of the Special Meeting of April 14; the Special and Regular Meetings of April 21; and the Adjourned Regular Meeting of April 28, 1975. Claim for Damages - Timothy J. and Linda M. Miles - File No. 3-1-145. Claim for Damages - Raymond J. and Donna Rae Caron - File No. 3-1-152. Presentation of Final Library Plans, Specifications and Cost Estimates. File 9-3-65 x 4-3-64. Recommended Action Approve as furnished to each Council member. Deny. Deny. Refer to Library Board for report back to Councl. RE: APPEAL BY FRANK E. HAWKINS, JR., 111 "C" STREET, TO BOARD OF EXAMINERS AND APPEALS - FILE 9-3-32 x 9-2-7 This public hearing was again continued for two weeks following Councilman Nixon's report that he had visited the property but had not yet had an opportunity to consult with Mr. Coates regarding this matter. The applicant was agreeable to the continuance. Note:(There is no tape covering the following public hearings due to recording malfunction ) RE: ZONING MAP CHANGE (Z74-5) FROM R-1-13-2 - CSD, A -P AND P -C TO C-2 DISTRICT - END OF LOS GAMOS DRIVE - APPEAL OF PLANNING COMMISSION DECISION, BY CLARENCE A. DE LONG - FILE 10-3 Mayor Bettini opened the public hearing, and excused himself because of a possible conflict of in- terest. Acting Mayor Mulryan presided. Planning Director Hotchner said that the Council had received copies of the staff report, Planning Commission minutes of December 19, 1974 recommending denial, and the letter of appeal. He recommended that, should the City Council action be other than to sustain the Planning Commission denial, an EIR be required. This would necessitate sending the matter back to the Planning Commission to have an Environmental Impact Report prepared and reconsider the application. Mr. Clarence DeLong, in seeking favorable consideration of his appeal, stated that sufficient space is not available on Francisco Boulevard for his business and felt that a used and new car lot would be consistant with the surrounding area. He also felt that by connecting the ends of Los Gamos Drive, as he had offered to do, the traffic flow would be improved. He requested that the Council visit the, area during the peak hours of traffic before voting on his appeal. Mr. Robert Rich of Coldwell Banker spoke on behalf of the applicant and stated that the actual traffic produced by an automobile dealership would probably be less than that generated by other types of businesses or office buildings. He said General Motors required that Chevrolet dealerships not be located in an automobile center. Robert Caro of San Rafael Manor, Inc., Melvin Marrow, 22 Salvador Way, Fritz Moennighoff, 59 Salvador Way, and Ron Marinoff, representing the Lucas Valley Homeowners Association, opposed approval of the appeal for various reasons including traffic, sight and noise pollution. Mr. DeLong, in rebuttal, said his building plans include separation from the existing homes by leaving the hill intact thereby providing a natural buffer between the automobile agency and the residential area. Acting Mayor Mulryan closed the public hearing. Discussion revealed that Council members were thoroughly familiar with the site and felt there was no reason to be inconsistent with the last decision on this matter. It was noted, however, that the Council is desirous that this business remain in San Rafael and the City staff will work with the ap- plicant to locate a suitable site. Motion by Councilman Nixon, second by Councilman Miskimen, that the Planning Commission decision be upheld. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini Mayor Bettini returned to the Council Chambers and presided. 215 RE: APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL - FOUR -LOT SUBDIVISION (s74-24) FRANCISCO BOULEVARD, SAMUEL W. GARDINER, OWNER - FILE 10-8 Mayor Bettini opened the public hearing. Planning Director Hotchner, in his report, pointed out the applicant's appeal was based on condition (e) of Planning Commission approval which requires the posting of bonds for the construction of Kerne Boulevard. He also referred to City Attorney Connick's statement that State Law restricts the Pl.ann-I ing Commission in this regard, and the Planning Commission's factural determination contained in the minutes of March 25, 1975. The Council had received copies of the Planning Commission minutes, staff report and the letter of appeal. i Councilman Nixon left the Council Chambers. Samuel W. Gardiner, Appellant, referred to his costs in taxes and special assessments in the ten years that he has owned the property. He said he is willing to pay on a benefit basis in an assess- ment district and asked that the Council not require him to pay the entire cost for the complet!'On of Kerner Boulevard as as condition of approval. The ensuing discussion included the potential establishment of an assessment District, whether a cove rant to join a future assessment district attached to the property would satisfy State law, and the applicant's willingness to so covenant. The Council concurred in the applicant's request to continue this item to May 19, 1975 and the City Attorney and Planning Director were instructed to meet with the Appellant and attempt to work out a i solution. ` RE: PREZONING (Z75-3) Map Change to A -P, 37 and 39 SAN PABLO AVENUE - INITIATED BY SAN RAFAEL PLANN- ING COMMISSION - FILE 10-3 x 5-2-66 i Mayor Bettini opened the public hearing. I Planning Director Hotchner reported, giving the background on the annexation and preannexation zoning and the Planning Commission recommendation for the prezoning. The Council had been furnished copies of the staff report, Planning Commission minutes and Planning Commission Resolution No. 75-4. Mayor Bettini closed the public hearing, since there was no one wishing to speak on this item. �.a. ;Motion by Councilman Mulryan, second by Councilman Miskimen, that the prezoning be approved. An ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-A:B-1 (Suburban Agricultural: Minimum Building site 6,000 square feet) district to A -P (Administrative -Professional) District/was read, introduced and ordered passed to print by the following vote, to wit: and numbering Charter Ordinance No.1)81 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REZONING (Z75-5) FROM "U" TO R-1-13-1 - END OF TERRA LINDA DRIVE - INITIATED BY THE FREITAS ES- TATE - FILE 10-3 Mayor Bettini opened the public hearing and Planning Director Hotchner gave the staff report. The Council had received copies of the staff report, Planning Commission minutes recommending the rezon- ing and Planning Commission Resolution No. 75-6. Mayor Bettini asked for speakers from the audience; since there were none, he declared the public hearing closed. An ordinance amending the Zoning Map of the City of San Rafael, California, adopted gy reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from "U" (Unclassified) District to R-1-13-1 (Single Family Residential, Minimum Building Site area, 7,500 square feet) District/was read, introduced and ordered passed to print by the following vote, to wit: and numbering Charter Ordinance No. 1182 AYES: COUCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REZONING (Z75-4) FROM "U" TO R-1-13-1 - END OF BUTTERNUT DRIVE - INITIATED BY THE FREITAS ESTATE - FILE 10-3 The public hearing was opened by Mayor Bettini. Planning Director Hotchner presented a staff report. The Council had been furnished copies of the staff report, Planning Commission minutes recommending the rezoning, Planning Commission Resolution No. 75-5, and a letter of opposition from William B. Wolfson. He reported that other than Mr. Wolfson, the residents favored the rezoning. The staff was instructed to reply to Mr. Wolfson's letter to make sure he understands that this rezoning will not allow additional units over and above those al- lowed under the subdivision action. Mayor Bettini closed the public hearing after determining that there were no persons wishing to speak. i 216 An ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from "U" (Unclassified) District to R-1-13-1 (Single Family Residential, Minimum Building Site Area, 7,500 square feet) District and numbering Charter Ordinance No. 1183 was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon (Note: The following item is on the Public Hearing tape) RE: REPORT ON SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - FILE 6-22 Mayor Bettini was excused because of a possible conflict; Acting Mayor Mulryan presided. Following a report from City Manager Bielser and a brief discussion, a motion was made by Councilman Jensen and seconded by Councilman Miskimen to accept the staff recommendation that a letter be sent from the City to the Marin Municipal Water District applying for a variance to the Water Moratorium Ordinance to provide service to the East San Rafael Drainage Assessment District No. 1, as outlined in the Pipeline Extension Agreement between the City and MMWD dated September 22, 1971. AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Mayor Bettini and Councilman Nixon returned to the Council Chambers. RE: REPORT ON BIDS - SANITARY SEWER REHABILITATION PROJECT - PROJECT NO. 9513-74.160 - FILE 4-1-230 Director of Public Works Caillouette reported that the bids received the afternoon of the meeting were very close to the Engineer's Estimate. However, because HUD has notified the City to disregard the previous commitment and has not yet notified him when the grant money will be forthcoming, Mr. Caillouette recommended that the bid not be awarded until this information is received. The Council continued this item to May 19, 1975• RE: REPORT OF BICENTENNIAL REPRESENTATIVE - FILE 9-2-Z3 The Council received a written report from Margaret Woodring, San Rafael City Bicentennial representa- tive. Joanne Fabian, speaking on behalf of Ms. Woodring who was unable to attend, asked that the City Council consider a $1000 appropriation from this year's budget, to be used toward the proposed redwood plaque and San Rafael Walk Book. She also suggested that a liaison be made available to the Committee. Councilman Mulryan and Nixon volunteered to act in that capacity. Councilman Jensen left the Council Chambers. Motion by Councilman Nixon, second by Councilman Mulryan, to encumber funds in the amount of $1000 from fiscal 1974-75 budget for Bicentennial projects as discussed. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RESOLUTION NO. 4958 - RESOLUTION OF SUPPORT OF THE MARIN COUNTY AMERICAN REVOLUTION BICENTENNIAL COMMISSION AYES: COUNCILMEN: Miskimen, Mulryan, Noxon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REPORT ON HISTORIC PRESERVATION ORDINANCE - FILE 13-14.2 City Attorney Connick reported that, since submitting the written staff report with an analysis of the three proposed ordinances, a 23 -page ordinance has been received which with minor changes seems to be� agreeable to all concerned. Persons involved in drafting the ordinances who addressed the Council were Dick Breiner, George Silvestri of Marin Heritage, and Jim Ring of the Chamber of Commerce. They were in agreement that a final draft could be worked out from the 23 -page ordinance. Following discussion with the staff and City Attorney, the Council referred this item to the above representatives, the staff and City Attorney for preparation of a final draft ordinance for presenta- tion to the City Council. RE: DISCUSSION OF HISTORICAL PRESERVATION SUBCOMMITTEE - FILE 9-2-24 x 13-14-2 Councilman Jensen returned to the Council Chambers The Council discussed the function, number of members and tenure of the subcommittee to assist the Cultural Affairs Committee. Mary Dekker of Marin Heritage stressed the need for an historian on this subcommittee. The Council directed the staff to call for applications for a 30 -day period for the Historcial Pre- servation Subcommittee, this subcommittee to be established as an ad hoc committee consisting of five members. 217 RE• NON -AGENDA ITEM - PROCLAMATION, NATIONAL HISTORIC PRESERVATION WEEK -_ FILE 110 �µ Lynn Maclnnis, President of Marin Heritage, addressed the Council with the request that the week of May 12 - 18, 1975 be proclaimed as National Historic Preservation Week. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, that the City Council proclaim the week of May 12 - 18, 1975 as National Historic Preservation Week. Councilman Nixon left the Council meeting. RE: PURCHASE OF TAX DEEDED PROPERTY - FILE 2-7.1 x 2-15 Motion by Councilman Jensen, second by Councilman Miskimen, to approve the agreement with the County of Marin for the purchase of tax deeded property as submitted by staff. RESOLUTION NO. 4959 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the Board of Supervisors of the County of Marin) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REQUEST FOR AUTHORIZATION TO PURCHASE TIRES UNDER STATE CONTRACT - FILE 9-3-81 City Manager Bielser advised that adoption of this resolution would enable the staff to purchase tires under State contract when the cost is less than local prices; otherwise, purchases would be made locally. RESOLUTION NO. 4960 - RESOLUTION REQUESTING AUTHORIZATION TO PURCHASE TIRES UNDER STATE CONTRACT, OFFICE OF PROCUREMENT, STATE OF CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON ASSEMBLY BILL 1762 - SALES TAX REFORM - FILE 9-_12 Following discussion of the repercussions of Assembly Bill 1762, on motion by Councilman Miskimen, second by Councilman Mulryan, the staff was instructed to convey the Council's strong opposition to T� the passage of the bill to Assemblyman Wornum and request that he appear before the Council to ex- plain his reasons for proposing the bill. The motion passed by unanimous vote of the four Council- men present. RE: NON -AGENDA ITEM - COASTLINE PLAN - FILE 120 The Council took the position of opposing the part of the Coastal Plan designating Lucas Valley Road as the prime access to the north end of the National Sea Shore and related public properties in West Marin. RE: NON -AGENDA ITEM - PROPOSED CONCERT PROGRAM - FILE 9-3-65 A staff report on Summer Band Concerts was referred to the Parks and Recreation Commission for review on Thursday, May 8, and report to Council on May 19, 1975• RE: NON -AGENDA ITEM - CITY COUNCIL AGENDA MATERIAL - FILE 1-4-2 City Manager Bielser announced that a copy of the Agenda packet will be available in the Library for public information the Thursday evening before Council meetings. The Council moved to Executive Session to issue instructions to its Employee Negotiator. The Council adjourned to Monday, May 12, 1975 at 4:30 P.M., Executive Session to continue interviews of applicants for the Planning Commission and Redevelopment Citizens Advisory Committee. r HELEN McDANIEL, Acting City Clerk APPROVED THIS _DAY OF 19 7,5 r MAYOR OF THE CITY OF SAN RAFAEL 210 In Room 201 of the City Hall of the City of San Rafael, Monday, May 12, 1975, at 4:30 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 The San Rafael City Council met inf Executive Session to continue interviews of applicants for the Planning Commission and Redevelopment Citizens Advisory Committee. ee MARION A. GRADY, City Clerk APPROVED THIS c' DAY OF (d 1976.__ fiG7� MAYOR OF THE CITY O'F SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, May 12, 1975, at 6:00 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman RE: AWARD OF CONTRACT - SANITARY SEWER REHABILITATION PROJECT - FILE 4-1-230 Motion by Councilman Jensen, second by Councilmman Mulryan, to accept the low bid and award the con- tract to Maggiora & Ghilotti, In., in the amount of $238,200. RESOLUTION NO. 4961 - RESOLUTION OF AWARD OF CONTRACT (Sanitary Sewer Rehabilitation Project, Project No. 9513-75.160, to Maggiora a Ghilotti, INC.) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen The Council adjourned to 8:00 p.m. on Monday, May 19, 1975. MARION A. GRADY, City Cler APPROVED THIS /q -d DAY OF 2'Z2&Z 1974' HE CITY/ CF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 19, 1975, at 8:00 P.M. Regular Meeting: RE: EXECUTIVE SESSION Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager Marion A. Grady, City Clerk Harry A. Connick, City Attorney 219 The Council met in Executive Session in Room 201 to issue instructions to its employee negotiator. The Council convened in open session and Mayor Bettini announced that no action was taken in the Executive Session. RE: CONSENT CALENDAR At Mayor Bettini's request, Item 10, Joint Powers Agreement with Dixie School District Regarding Use of Nova Albion School for Community Gardens Program, was removed from the Consent Calendar, and con- tinued. (File 4-7-3) Motion by Councilman Nixon, second by Councilman Jensen, to approve the recommended action of the fol- lowing Consent Calendar items: Item Recommended Action Approval of Minutes of the Regular Meeting of May Approve as furnished to each Council member. 5, 1975 and the Adjourned Regular and Special Meetings of May 12, 1975• Deferred Compensation Plan. (File 7-4 RESOLUTION NO. 4962 - RESOLUTION AUTHORIZING SIGNATORIES ON CITY OF SAN RAFAEL DEFERRED COMPENSATION ACCOUNTS. East San Rafael Assessment District No. 2 - Provision RESOLUTION NO. 4963 - RESOLUTION AMENDING for Distribution of Surplus Funds. (File 6-16) RESOLUTION OF INTENTION IN THE MATTER OF THE I PROVISION FOR DISTRIBUTION OF SURPLUS FUNDS. Recreation Parks Plan - Addition as an Element of the Set public hearing for 8:00 P.M., Monday,Junel San Rafael General Plan. (File 115) 2, 1975• Appeal by Marion Williams to Board of Examiners and Set public hearing for 8:00 P.M., Monday, Appeals - 806 Fourth Street. (File 9-3-32 x 9-2-7) June 2, 1975. Parks and Recreation Recommendation Regarding Proposed Approve. Summer Concert Program. (File 9-3-65) Claim - Red Rock Quarry, Inc. (File 13-9 x 3-1-157) Resolution of Consent, County Service Area No. 23 (File 13-14-1) Recommend Denial. RESOLUTION NO. 4964 - RESOLUTION CONSENTING TO FORMATION OF COUNTY SERVICE AREA. Sabriski Cove, A Condominium - Final Map. File 5-1-221 RESOLUTION NO. 4965 - RESOLUTION APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED "SABRISKI COVE, A CONDOMINIUM." Resolution Endorsing SB 839 - Limitation on Presumptive RESOLUTION NO. 4965 - IN SUPPORT OF SB 839. Benefits for Public Safety Officers, Workmen's Compensa- tion Insurance (File 7-4 x 9-6-3) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ,ABSENT: COUNCILMEN: None 'RE: PUBLIC HEARING - EMPLOYEE NEGOTIATIONS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FILE 7-8 Mayor Bettini announced the steps to be followed; i.e., a report by the City Manager giving the history of negotiations and summarizing the City's position, a presentation by the representative for Fire Fighters Local 2208, discussion by Council, and action by Council. He asked if there was objection to this procedure. Mr. Alan Davis, Attorney representing Local 2208 I.A.F.F., asked that following presentations by the negotiating representatives, discussions be held in Executive Session. The Council accepted the City Attorney's ruling that they could not legally hold a closed session with a representative of the Union at this stage of negotiations and Mayor Bettini advised that the procedure as outlined would be followed. Mayor Bettini declared the public hearing open. ��0 City Manager Bielser gave a brief report on the negotiations and the City's position relative to the points on which there was disagreement. Mr. Alan Davis presented the proposals of the Fire Fighters Local 2208 relative to 1975-76 salary negotiations. Mr. George Walser, Chief Negotiator for Local 2208, also addressed the Council, citing professionalism and community service projects of the firemen. Mr. James Cottle, 204 Bret Harte Road, President of Bret Harte Neighborhood Association, referred to the fine public service in San Rafael; however, he opposed action that would again increase property taxes. Mrs. Marion Siess, 218 Bret Harte Road, and Mr. James Mahoney, Treasurer of the Gerstle Park Homeowners Association, echoed Mr. Cottle's concern. Mayor Bettini closed the public hearing. It was the concensus of the Council that it adjourn to an Executive Session at the conclusion of this meeting to further instruct its negotiator, and the Mayor so ordered. RE: APPEAL BY FRANK E. HAWKINS, JR., 111 "C" STREET, TO BOARD OF EXAMINERS AND APPEALS - FILE 9-3-32 x 9-2-7 This public hearing was continued for two weeks to the meeting of June 2, 1975• RE: APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL - FOUR -LOT SUBDIVISION (s74-24), FRANCISCO BOULEVARD. SAMUEL W. GARDINER, OWNER - GONZALEZ AND OBERKAMPER, REPRESENTATIVES - FILE 10-8 Mayor Bettini reopened the public hearing on this appeal. City Attorney Connick summarized his written report to Council that it has some leeway as to the ex- tent of the requirements but the agreement between the City and the subdivider has to be in one of the methods set forth in Government Code Section 66462. Samuel W. Gardiner, owner, said he felt the proposed convenant which he had submitted would satisfy the Government Code requirements; however, he agreed to work with the City Attorney if the Council felt it should be revised. He was not agreeable to accepting responsibility for the entire cost of the improvements for Kerner Boulevard. The necessity to insure the ultimate construction of Kerner Boulevard, responsibility for such con- struction, and the State requirements pertaining thereto were discussed. The public hearing was then continued for two weeks and the City Attorney was directed to meet with Mr. Gardiner to achieve a solution to this problem. RE: ZONING TEXT AMENDMENT (Z74-7) TO ADD CHAPTER 14.51, P -D (PLANNED DEVELOPMENT) DISTRICT - CITY OF SAN RAFAEL, APPLICANT - FILE 10-3 Mayor Bettini opened the public hearing and asked Planning Director Hotchner to give a staff report. Mr. Hotchner advised that Council has received a written staff report, proposed ordinance, and the Planning Commission recommendation by its Resolution 75-3 for addition of the P -D District to the Zoning Ordinance. Mr. Carl Brown, Building Industries Association, asked Council consideration of the addition of "Building Designer" in Section 51.04, Development Plan Preparation by Design Group. The Council agreed that line 2 of the first paragraph of Section 51.04 should be amended to read, "... licensed Architects and/or Building Designers, Landscape Architects..." The Council approved the addition of "or City Engineer" after the words "Planning Director" in each of the three paragraphs of Section 51.04. The City Attorney had indicated that this is not a sub- stantive change and review by the Planning Commission would not be necessary. Motion by Councilman Jensen, second by Councilman Mulryan, that the ordinance be passed to print as recommended by the Planning Commission and amended by Council, and that the above amendment be refer- red to the Planning Commission for a recommendation prior to final adoption of the ordinance. An Ordinance of the City of San Rafael amending Title 14, Zoning, of the San Rafael Municipal Code by adding Chapter 14.51, P -D (Planned Development) District, and numbering Charter Ordinance No. 1185, 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: FINAL ADOPTION - ORDINANCE NO. 1181 - PREZONING REAL PROPERTY LOCATED AT 37 AND 39 SAN PABLO AVENUE FROM R-A:B-1 TO A -P DISTRICT - A -P DISTRICT - FILE 10-3 x 5-2-66 CHARTER ORDINANCE NO. 1181 - An Ordinance Amending the Zoning Map of the City of San Rafael, Califor- nia, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from R-A:B-1 (Suburban Agricultural: Minimum Building Site 6,000 square feet) District to A -P (Administrative -Professional) District, 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 22I RE: FINAL ADOPTION - ORDINANCE NO. 1182 - REZONING REAL PROPERTY LOCATED AT THE END OF TERRA LINDA DRIVE FROM "U" TO R-1-13-1 DISTRICT - FILE 10-3 CHARTER ORDINANCE NO. 1182 - An Ordinance amending the Zoning Map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from "U" (Unclassified) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area, 7,500 square feet) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Nixon i RE: FINAL ADOPTION - ORDINANCE NO. 1183 - REZONING REAL PROPERTY LOCATED AT THE END OF BUTTERNUT DRIVE FROM "U" TO R -1-B-1 DISTRICT - FILE 10-3 CHARTER ORDINANCE NO. 1183 - An Ordinance amending the Zoning Map of the City of San Rafael, Cali- fornia, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from "U" (Unclassified) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area, 7,500 square feet) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Nixon RE: POSTING OF BICYCLE ROUTE SIGNS - SOUTH SAN PEDRO ROAD - FILE 9-3-65 Motion by Councilman Nixon, second by Councilman Mulryan, to approve the Parks and Recreation Com- mission Recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FAU PROJECT - FOURTH STREET, MIRACLE MILE ROADWAY IMPROVEMENTS FROM MARQUARD AVENUE TO WESTERLY CITY LIMITS - PURCHASE OF PROPERTY - FILE 11-15.1 Motion by Councilman Miskimen, second by Councilman Mulryan, to authorize the City staff to proceed with negotiations to purchase property located at Greenfield Avenue and Miracle Mile as shown on the map attached to the staff report. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - REQUEST FROM GAZETTE PRESS RELATING TO DISTRIBUTION OF ADVERTISING MATERIAL - FILE 13-8-2 Mr. Joseph Stokley of The Gazette Press, Berkeley, California, asked that he be allowed to make one ;additional distribution of the "Weekly News" by newspaper carrier, since he was under the impres- !3ion that this was legal under the recently enacted ordinance, 5200 copies were ready for distribu- tion and there was not time for mailing, the sale dates being May 20 and May 21, 1975• Motion by Councilman Nixon, second by Councilman Mulryan, to authorize this distribution with the understanding that the authorization is for only one distribution. The motion carried unanimously, RE: COMMUNICATION FROM BAHIA VISTA COMMUNITY SCHOOL STEERING COMMITTEE - FILE 120 X 5l-3-6,S- Mr. -6S" Mr. Jeff Stahl represented the Bahia Vista Community School Steering Committee and supplemented the written proposal for a Bahia Vista Community School Program and request that the City contribute toward the funding of the program. Mi3yor Bettini raised several questions and suggested continuing the item so that these and other questions might be clarified. The item was continued to the meeting of June 16, 1975 and the staff w�is directed to preapre a list of the issues that the Council would like clarified and submit to the Steering Committee for response prior to June 16. RE:: REPORT ON PROGRESS OF PICKLEWEED PARK - FILE 12-5 City Manager Bielser gave the staff report and advised that requests have been received by residents that a fence be installed on the westerly perimeter of the park. Sandra Hine, 3622 Kerner Boulevard, spoke in favor of the City's installing a fence. Following discussion, the Council deferred action relating to the fence to the budget session. r:E: DISCUSSION OF YACHT HARBOR IN EAST SAN RAFAEL AREA - FILE 12-20 Motion by Councilman Nixon, second by Councilman Mulryan, and unanimously carried, to adopt the staff recommendation and authorize the staff to initiate the procedures to apply for a low-interest planning and feasibility study loan from the State Department of Navigation and Ocean Development. �cIJ RE: APPOINTMENTS TO THE PLANNING COMMISSION - FILE 9-2-6 Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to appoint Richard Rodrigues to the Planning Commission for a term to expire in July of 1979, and Clifford Lund for a term to expire in July of 1976. Councilman Miskimen was excused from the Council meeting. RE: ORDINANCE INCREASING DOG LICENSE FEES - FILE 13-3 x 9-10.2 City Manager Bielser reported that adoption of the proposed ordinance would not in all probability increase the level of service. Councilman Jensen left the Council Chambers. Motion by Councilman Mulryan, second by Councilman Nixon that the proposed ordinance be passed to print. An ordinance of the City of San Rafael amending Title 6, Animals, Chapter 6.10 Animal Control, Section 6.10.060, by increasing the license fees thereof, and numbering Charter Ordinance 1184, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: PROPOSED OPEN SPACE MANAGEMENT POLICY ORDINANCE - FILE 13-14-1 This item was held over due to the lateness of the hour. RE: APPROVAL OF PLANS AND SPECIFICATIONS - SOUTH SAN PEDRO ROAD LANDSCAPING - PHASE IV, FROM MANDERLY ROAD TO RIVIERA DRIVE - FILE 4-13-14 Mr. Lewin was present to review the plans. Councilman Jensen returned to the Council Chambers. Motion by Councilman Mulryan, second by Councilman Nixon, to approve the plans and specifications and authorize call for bids. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: RECOMMENDATION OF CULTURAL AFFAIRS COMMITTEE REGARDING FALKIRK USE PLAN - FILE 9-2-24 Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to endorse the task of formulation of a comprehensive use plan for Falkirk as requested by the Cultural Affairs Commission. There was discussion regarding the large number of meetings of the various appointed committees and commissions which staff members are required to attend. The Council directed that all commissions be cautioned to use staff time sparingly. RE: APPROVAL OF LIBRARY PLANS, SPECIFICATIONS AND BIDDING DOCUMENTS - FILE 4-3-64 x 4-1-231 Mr. Finisy, Architect, reviewed the plans and asked authority to call for bids on June 16, 1975 for award at the June 16 Council meeting. Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to approve the plans and specifications and authorize call for bids. RE: REPORT ON OCCUPANCY PERMITS - CORTE MESA CONDOMINIUMS - FILE 5-1-219 City Manager Bielser presented the staff report and information relating to the claim filed by Mr. Craner alleging that the water line installed by the developer has resulted in damage to his property• He asked Council direction regarding additional issuance of occupancy permits. Mr. Fred Altshuler, representing Corte Mesa Subdivision, stated that they have complied with the re- quirements, the water line was placed at the specific direction of the Marin Municipal Water District, and that the problem cited in the claim existed prior to the development. He asked for final acceptancc of the work in the public right-of-way as well as issuance of the occupancy permits, especially for the eight units which are now in escrow. Mr. Jerry Craner, 158 Glen Park Avenue, referred to his claim filed ag-inst the City and asked for two-week delay before any Council action is taken on this item. Councilman Mulryan moved and Councilman Nixon seconded the motion to authorize issuance of eight occupancy permits and withhold twelve until the water line matter is solved. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 223 The Council moved to Executive Session to issue instructions to its Employee Negotiator. The Council adjourned to the next regularly scheduled meeting to be held at 8:00 P.M., Monday, June 2, 1975. MARION A. GRADY, City Cler APPROVED THIS DAY OF , 1915 . MAYOR OF THE CI OF SAN RAFAEL 2�4 In the Council Chambers of the City of San Rafael, Monday, June 2, 1975, at 8:00 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 Also Present: William J. Bielser, City Manager Marion A. Grady, City Clerk Harry A. Connick, City Attorney RE: PRESENTATION OF FIRST SAN RAFAEL CENTENNIAL YOUTH AWARD - FILE 104.1 The first San Rafael Centennial Community Youth Award was presented to Peggy Hughes by Judge Keating of the San Rafael Centennial Trust Committee. This award consisted of a $100 cash award, a bronze Centennial coin, and a plaque with Miss Hughes' name inscribed as the 1975 winner. Miss Hughes pre- sented the plaque to Mayor Bettini for safe -keeping for the next nominee. Certificates were then presented by Rex Silvernale of the Committee to runners-up Linda McMullen, Linda Rider, Mary O'Leary, Chris Morrison, Peggy Godwin, Kevin Barr, Lynn Gilliland, Larry Qvistgaard, Susan Speake, Sharon Ives, Steven Danelz and David Sobel. RE: CONSENT CALENDAR Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of the Regular Meeting of May 19, 1975 Claim for Damages - Alec Gormley, Claimant (File 3-1-156) Claim for Damages - Fred Cherry, Claimant (File 3-1-158) Fire Commission Vacancy. (File 9-2-5) Renewal of Contract for Abandoned Vehicle Program. (File 13-9 x 4-8-16) Setting Public Hearing to Determine existence of public niisance and to abate in whole or part - Mr. and Mrs. Robert Lewis, 1222 Grand Avenue. (File 13-9) Approve as furnished to each Council Member. Deny. Deny and refer to Insurance Carrier. Accept Mr. Lund's resignation and call for applications for a 30 -day period. RESOLUTION NO. 4967 - RESOLUTION AUTHORIZ- ING THE CITY OF SAN RAFAEL TO ENTER INTO1 A CONTRACT WITH THE STATE OF CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRE- SENTATIVE TO SIGN SAID CONTRACT. Set hearing for June 16, 1975 at 8:00 P. M. Request from the American National Red Cross regarding the Refer to Parks and Recreation Commission ''Canal Swim Safety Project.: (File 9-3-65) for Recommendation and Report to Council on June 16;,,1975. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - FOUR -LOT SUBDIVISION (s74-24), FRANCISCO BOULEVARD, SAMUEL W. GARDINER, OWNER -FILE 10-8 x 4-11-49 Councilman Nixon left the Council Chambers. Mayor Bettini reopened the continued public hearing on this appeal. City Attorney Connick reported that the covenant, prepared pursuant to Council instructions, should be agreeable to the City and Judge Gardiner. During Council discussion, it was suggested that the last line of paragraph 1 on page 1 of the Cove- nant be amended to read: ''subject to being assessed by the Council on the basis of benefit.'' Judge Gardiner accepted the amendment. There were no other speakers and Mayor Bettini closed the public hearing. Motion by Councilman Miskimen, second by Councilman Jensen, to approve the Covenant as amended by Council. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Motion by Councilman Jensen, second by Councilman Miskimen, to grant the appeal and approve the four - lot subdivision (s74-24) subject to conditions (a) through (1) (except condition e) of the planning 225 staff report, with the Covenant attached. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - APPEAL BY FRANK E. HAWKINS, JR., 111 "C" STREET, TO BOARD OF EXAMINERS AND AP- PEALS - FILE 9-3-32 x 9-2-7 Councilman Nixon returned to the Council Chambers. Mayor Bettini reopened the continued public hearing on this item. The Council had received copies of a letter from Mr. Hawkins stating his wish to withdraw the appeal if his proposal is accepted and a letter from the Chief Building Inspector stating that the proposal contained in Mr. Hawkins' letter is acceptable to the Building Department. The Council discussed the proposed corrections and verified that Mr. Hawkins had agreed to correct, when the property is sold, anything that in the Building Inspector's opinion is faulty. Mr. Hawkins also asked that the $12,000 evaluation figure be reconsidered. Chief Building Inspector Coates said that he would review the evaluation which was based on the submitted plans. Mayor Bettini closed the public hearing. Motion by Councilman Mulryan, second by Councilman Jensen, to conclude the appeal, that the eight corrections listed in Mr. Hawkins' letter of May 27, 1975 be made before final approval, with the stipulation that the ceiling height and the side yard setback not be required at the time of sale, but that the foundation be brought up to code when the property is sold and that be subject to a Covenant on the property. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL BY MARION WILLIAMS, 806 FOURTH STREET, TO BOARD OF EXAMINERS AND APPEALS - FILE 9-3-32 x 9-2-7 Mayor Bettini opened the public hearing. Chief Building Inspector Coates gave the staff report. Council had been furnished copies of a written staff report and the letter of appeal of Building Department denial of second floor occupancy at 806 Fourth Street for use as a photograph/gallery. Mr. Julius Williams, Applicant, explained the use proposed and said the only objection seemed to be that the building was wood. While he agreed that certain repairs would have to be bmade, he felt the building was adequate for the use proposed and asked favorable consideration of the appeal. City Planner Ott stated that the parking was insufficient and cited the off-street parking requirements pertaining to any use which constitutes an increase in capacity. Mr. Ken O'Dell of Red Carpert Realtors represented Mr. Fisher, the owner. He said that Mr. Fisher feels the use as a photography gallery is in line with the City's plans to upgrade older buildings. As there were no other speakers from the public, Mayor Bettini closed the public hearing. Council and staff discussion included the various safety problems, the Building Code regulations for irepairs to non -conforming buildings, the existing Fire Zone I, and the fact that the building is ac- ross the street from the Redevelopment area. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously approved, to continue this item for two weeks until the Building Inspector can make an evaluation of the deficiencies of the building and consult with the property owner. 'RE: PUBLIC HEARING - ADDITION OF RECREATION PARKS PLAN AS AN ELEMENT OF THE SAN RAFAEL GENERAL PLAN - FII F 11S Mayor Bettini declared the public hearing open. Recreation Director Snyder reported that the Recreation Parks Plan, as furnished to Council, has been approved by the Parks and Recreation and Planning Commissions and recommended for addition as an Element to the General Plan. Council also had received written report from Planning Director Hotchner. Mr. John Shellenberger, 618 Las Colindas Road, said that he was a member of the Citizen's Committee on Open Space Acquisition and expressed the concern that the Recreation Parks Plan does not include a category for open space uses. Mayor Bettini closed the public hearing. Following discussion, this item was referred back to the Parks and Recreation and Planning Commissions for further clarification in reference to open space and recommendation to Council. 226 RE: PROPOSED OPEN SPACE MANAGEMENT POLICY ORDINANCE - FILE 13-14-1 Recreation Director Snyder presented the staff report, and reviewed the recommended ordinance with the Council. The Council suggested several changes and the ordinance was referred back to the Parks and Recreation Commission for review and further recommendation. RE: JOINT POWERS AGREEMENT WITH DIXIE SCHOOL DISTRICT REGARDING USE OF NOVA ALBION SCHOOL FOR COM- MUNITY GARDENS PROGRAM - FILE 4-7-3 Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the Joint Powers Agreement with the amendment in paragraph 3, page 2 to read: ''Pay the District a sum of $20 per month for a nine-month period.'' RESOLUTION NO. 4968 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Dixie School District Re Use of Nova Albion School for Community Gardens Program) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1184, INCREASING DOG LICENSE FEES - FILE 13-3 x 9-10.2 CHARTER ORDINANCE NO. 1184 - An ordinance of the City of San Rafael amending Title 6, Animals, Chapter 6.10 Animal Control, Section 6.10.060, by increasing the license fees thereof, 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: PROPOSED FORTUNE-TELLING ORDINANCE - FILE 146 City Attorney Connick gave the staff report and asked that, should the Council wish to adopt a regula- tory ordinance, the matter be put over for thirty days for redrafting of that ordinance. The staff recommendation was for approval of the prohibitory ordinance. Reverend Gordon Powlison, 373 Bahia Way, pastor of Grace Church of Marin, and Reverend Kent A Philpott, 671 Knocknaboul Way, minister of Church of the Open Door, spoke in favor of a prohibitory ordinance. Both have counseled many person who have become involved in occult matters and believe that such things are dangerous to the public and would be unpoliceable. Police Chief Kelly, replying to Council query, felt enforcement of a regulatory ordinance would be a very definite police problem, that he did not have adequate personnel to make routine checks, and ad- vocated a prohibitory ordinance. There were many other persons in attendance who indicated their preference for a prohibitory ordinance by standing. This item was referred back to the City Attorney to redraft a regulatory ordinance before further con- sideration. RE: PROPOSAL OF EXCHANGE CLUB REGARDING FREEDOM SHRINE - FILE 150 The City Council accepted the proposal of the National Exchange Club, presented by Ray Varano and Stephen Combs, for the installation of a Community Freedom Shrine at City Hall -with the type of in- stallation to be at the discretion of the City Manager. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to endorse the idea and accept the display with appreciation, and authorize the City Manager to make the final determina- tion as to the type of display. RE: SAN RAFAEL MEADOWS ANNEXATION - FILE 5-2-67 RESOLUTION NO. 4969 - 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 DESIGNATED AS THE ''SAN RAFAEL MEADOWS ANNEXATION'' AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4970 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DEFINING ITS POLICY IN RESPECT TO FLOOD CONTROL ZONE #6 OF THE MARIN COUNTY FLOOD CONTROL ZONE AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 7— RESOLUTION NO. 4971 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS INTENT TO EXTEND SERVICES TO THE SAN RAFAEL MEADOWS AREA IMMEDIATELY FOLLOW- ING AN AFFIRMATIVE VOTE ON ANNEXATION. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - LOT 92, DOMINICAN HEIGHTS UNIT 3 - FILE 2-4 x 5-1-149 RESOLUTION NO. 4972 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT, executed by Victor Gavallos (6 Foot Easement - Lot 92, Dominican Heights Unit 3) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None i RE: PROGRESS REPORT ON SIGN ENFORCEMENT - FILE 12 The Council accepted a written report on the status of sign enforcement from Planning Director Hotchner. RE: DISCUSSION OF SIGN ORDINANCE - FILE 12 This item was placed on the agenda at the request of Councilman Miskimen for discussion of possible development of different signing standards by the Redevelopment Agency and the effect on City enforce= ment of the Sign Ordinance. I Mr. Peter Breckus, Attorney for the Chamber of Commerce, suggested extending the moratorium on sign j enforcement in the Redevelopment area. Redevelopment Agency Chairman Nixon advised that he would approach the consultants regarding inclusion of a report on signing in the June 11 presentation. Motion by Councilman Nixon, second by Councilman Mulryan, to direct City Attorney Connick to proceed with sign enforcement outside the Redevelopment area. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF DEFINITION OF SINGLE-FAMILY RESIDENTIAL DESIGNATION - FILE 10-1 Mayor Bettini had requested this item be placed on the agenda and asked Council opinion as to the sett- ing of a public hearing to reconsider the previous problems and consider passing an ordinance to pro- tect the rights of single-family residents. Following discussion by the Council and staff, a public hearing on this item was set for July 7, 1975 and staff was directed to supply the Council with all pertinent information relating to problems en- countered, the approach previously agreed upon by Council, any implementation of that approach and problems connected thereto, the previous ordinance and the Uniform Building Code definition. RE: DISCUSSION OF RECREATIONAL VEHICLE RESTRICTIONS - FILE 10-1 Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that staff be in- structed to review the feasibility of an ordinance regulating the storage of recreational vehicles. IRE: SETTING OF BUDGET HEARINGS -FILE 8 - Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to set budget hear- ings for June 23, 24, 26 and 30 at 7:30 P.M. and the budgets to be referred to the appropriate Com- missions. RE: REQUEST OF CORTE MESA CONDOMINIUM DEVELOPERS - FILE 5-1-219 Mr. Fred Altshuler represented Corte Mesa Subdivision in requesting final approval of the subdivision and issuance of the remaining occupancy permits. He stated that they agree to fulfill all legal obligations under the subdivision agreement. City Attorney Connick reported that the subdivision agree- ment contains a hold harmless agreement. It was his opinion that issuance of the occupancy permits would create no financial danger to the City. Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to accept the sub- division, on the recommendation of the City Attorney, and grant occupancy on the remaining units. RE: DISCUSSION OF PROPOSED FEE CHANGES - RESIDENTIAL BUILDING REPORT AND CONSTRUCTION OF SWIMMING POOLS - FILE 9-10-2 x 9-3-32 RESOLUTION NO. 4974 - RESOLUTION FIXING FEES FOR CONSTRUCTION OF SWIMMING POOLS AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 8 RESOLUTION NO. 4975 - RESOLUTION FIXING FEES FOR REPORT OF RESIDENTIAL BUILDING RECORD. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - YACHT HARBOR IN EAST SAN RAFAEL AREA - FILE 12-20 City Manager Bielser advised that it was necessary to have a resolution formalizing Council action in order to apply for the loan. RESOLUTION NO. 4976 - RESOLUTION AUTHORIZING APPLICATION FOR A PLANNING AND FEASIBILITY LOAN FROM THE DEPARTMENT OF NAVIGATION AND OCEAN DEVELOPMENT FOR A SMALL CRAFT HARBOR AND LAUNCHING RAMP. ($45,000.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - PROPOSED ALLARDT'S CANAL PRESENTATION - FILE 12-10 The City Council specified alternate dates of July 7, July 21, August 4 or August 18 for a presenta- tion by the Executive Officer of the State Lands Commission recommending procedures pertaining to boundary settlements affected by Allardt's Canal. RE: NON -AGENDA ITEM - UTILITY TAX - FILE 9-12 Staff was directed to include in budget hearings for discussion material showing how much revenue the imposition of a utility tax of l%, 2% and 3% would provide to the City. RE: NON -AGENDA ITEM - PROPOSED NUISANCE ABATEMENT - FILE 13-9 Staff was directed to place on the next Council agenda an item regarding solution to a nuisance at the southwest corner of Third and Irwin Streets. RE: NON -AGENDA ITEM - RESIDENTIAL BUILDING REVIEW BOARD - FILE 9-3-32 Staff was directed to report regarding a Residential Building Review Board. RE: NON -AGENDA ITEM -DAY CARE PROGRAM, LAUREL -DELL SCHOOL - FILE 120 Discussion regarding a day care program at Laurel -Dell School was scheduled for the June 16 Council agenda. RE: NON -AGENDA ITEM - REQUEST FOR CITY MAP IN COUNCIL CHAMBERS - FILE 9-1 A suggestion that a map of the City of San Rafael be placed on the wall of the Council Chambers was referred to the staff. MARION A. GRADY, City Clerk APPROVED THIS / , /7�- DAY OF �1 / 1975 MAYOR OF THE CITY OF SAN RAFAEL ** Regular Meeting: ** Present: C. Paul bettini, Mayor Also Present: William J. Bielser, City Manager John A. Miskimen, Councilman Harry A. Connick, City Attorney Fred E. Jensen, Councilman Marion A. Grady, City Clerk Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman 2 c,2j 9 In the Council Chambers of the City of San Rafael, Monday, June 16, 1975, at 8:00 P.M. ** ** Mayor Bettini introduced six members of Troop 55, Boy Scouts of America, who with Scout Leader Ed Duggan were present to observe the Council in action in connectiop with Citizenship Merit Badge. Mayor Bettini also introduced Mr. George E. Gerth, the new Traffic Engineer for the City. CONSENT CALENDAR Motion by Councilman Nixon, second by Councilman Miskimen, to approve the recommended action of the following Consent Calendar items: Item Approval of Minutes of the Regular Meeting of Approve as submitted to each Council June 2, 1975. member. ! Claim for Damages - PACIFIC Telephone and Deny and refer to Insurance Carrier. Telegraph Company - File 3-1-159. Claim for Damages- Roger Alan McGaha, Claimant - Deny and refer to Insurance Carrier. File 3-1-163. Claim for Damages - Barry Alan Moore, Claimant - 5eny and refer to Insurance Carrier. File 3-1-160. Report on Cable TV Franchise Agreement. - File Continue to July 21, 1975. ! 9-7-4 Report on Property at Third and Irwin Streets. Request report on compliance on July 7, 1975. File 13-9 1 Request from Marin Heritage for Hearing on Continue to meeting of July 7, 1975. Refer ordi-i Historic Preservation Ordinance. File 13-14-2 nance, when available, to Parks and Recreation and Cultural Affairs Commissions. Proposal for Day Care Center, Laurel -Dell School. Refer to Parks and Recreation Commission for re- i File 120 x 9-3-65. commendation. Approval of Final Map of Condominium Subdivision RESOLUTION NO. 4977 - APPROVING FINAL MAP OF CON Grand Avenue Unit One. File 5-1-222. DOMINIUM SUBDIVISION ENTITLED "GRAND AVENUE UNIT ONE, A CONDOMINIUM PROJECT'.' �. Agreement and Deed to Quitclaim ten -foot Sewer RESOLUTION NO. 4978 - AUTHORIZING THE SIGNING OF Easement at 445 Francisco Boulevard - File 2-1Z1 AN AGREEMENT WITH THE SAN RAFAEL SANITATION DIS - x 4-12. TRICT, GEORGE H. DEXTER, JR., AND GERALDINE I. LORRAINE DEXTER TO QUITCLAIM CITY'S 10' SEWER EASEMENT AT 445 FRANCISCO BOULEVARD. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CLAIM FOR DAMAGES - MRS. EUGENE F. SWEENEY, CLAIMANT (FILE 3-1-154 This item was removed from the Consent Calendar, at the request of Councilman Miskimen. He felt that similar claims would be filed in connection with the South San Pedro Road Widening Project. Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, that claim be denied and referred to the insurance carrier. Motion by Councilman Miskimen, second by Councilman Jensen and Unanimously carried, to instruct the staff, subject to the approval of our insurance carrier, to urge the County of Marin to meet with the involved property owners and attempt to work out a solution. RE: PUBLIC HEARING - APPEAL TO BOARD OF EXAMINERS AND APPEALS - MARION WILLIAMS, 806 FOURTH STREET - FILE 9-2-7 x 9-3-32 Mayor Bettini reopened the public hearing and the Council heard a staff report from Assistant to the City Manager Meador. Mr. Julius Williams, Applicant, and Mr. Fisher, property owner, agreed to comply with the items listed in Chief Building Inspector Coates' letter of June 9, 1975, with the exception of items Nos. 1, 3, 6 and 8 and asked that they be granted a variance on those items. Mr. Fisher felt that Item 1, one- hour fire walls, would be met with his proposed repairs to the interior walls. Motion by Councilman Jensen, second by Councilman Nixon, that the appeal be denied. AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: Mulryan 20 !RE: PUBLIC HEARING - DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE, 1222 GRAND AVENUE - ROBERT D. AND ANNE T. LEWIS, OWNERS - FILE 13-9 X 3 'Mayor Bettini opened the public hearing on this item. Public Works Director Caillouette reported that the Notice of Hearing was served and posted in accordance with Municpal Code requirements; other than removal of the washing machines, none of the violations have been corrected; and the property owners have not been in contact with the City staff since mailing of the Notice. Mayor Bettini asked if Mr. or Mrs. Lewis was present, or if anyone else wished to discuss this item. There was no one present to speak regarding this matter. (Mayor Bettini closed the public hearing. ;Motion by Councilman Nixon, second by Councilman Miskimen, to adopt a resolution finding that a public nuisance does exist and that abatement proceedings be instituted. RESOLUTION NO. 4979 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF A NUISANCE ,AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: FINAL ADOPTION - ORDINANCE NO. 1185 - ADDING P -D PLANNED DEVELOPMENT DISTRICT - FILE 10-3 CHARTER ORDINANCE NO. 1185 - An ordinance of the City Council of the City of San Rafael amending Title 14, Zoning, of the Municipal Code by adding Chapter 14.51 P -D Planned Development District was 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: BAHIA VISTA COMMUNITY SCHOOL PROGRAM - FILE 120 x 9-3-65 City Manager Bielser advised that this program, continued from the last Council meeting, had been re- viewed and endorsed in concept by the Parks and Recreation Commission. Dr. George Tichenor of San Jose State University briefly supplemented the written proposal. He said he had been involved with approximately 50 similar programs and found that the initial support comes from schools and cities, but other agencies tend to get involved and the program becomes a total com- munity effort. Other persons speaking were Marilyn Crowell who said that, rather than an educational program, this proposal is a process of bringing existing services to the Canal area and Sue Beittel, School Board Member, urging the Council to seriously consider supporting the program for a one-year period. She Suggested the City -School Liaison Committee review the program at that time. Carolyn Barnes, 93 Deer Park Avenue, felt there is a need for decentralizing City recreational facilities and John Shellen- berger, Chairman of the Town Meeting Association, offered on behalf of the Board of Directors to supply a list of local communities where a similar program is needed. David Sexton, representing Ronald Usher, Director of Marin County Department of Health and Human Services, urged City support at this time and said there is a strong possibility that the County would contribute once the program is established. The item was referred to staff to be included in the budget session for Parks and Recreation on June 26, 1975. The Council also requested that the Parks and Recreation Commission consider the Laurel Dell Day Care proposal on June 19 so that item could also be included in the budget session on June 26, 1975. RE: REQUEST FROM AMERICAN NATIONAL RED CROSS REGARDING CANAL SWIM SAFETY PROJECT - FILE 120 x 9-3-65 The Council received a staff report from Recreation Director Snyder. If the request for funding assistance through Manpower is granted, the cost to the City would be reduced to $83. Henry Kent, Program Director, American Red Cross, advised that this is basically a safety program and the only expenses are for young people to run the program. Pauline Haro, Chairperson of Project Canal, asked that Council make a favorable decision at this time to allow the program to start as proposed. It was verified that the American Red Cross would have adequate insurance and hold the City harmless from any liability in connection with the program. Motion by Councilman Nixon, second by Councilman Miskimen, to approve the proposed Canal Swim Safety Program. AYES: COUNCILMEN:Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The Council discussed budget problems in connection with financing of these types of programs. The 231 City departments were instructed to identify the lowest priority items included in their respective budgets for consideration at budget sessions. RE: PROGRESS REPORT ON POSTING OF GASOLINE PRICES - FILE 125 The Council accepted the report and directed staff to prepare a draft ordinance for consideration. RE: DEFINITION OF SINGLE-FAMILY RESIDENCE - FILE 10-1 The Council received a staff report on this item which is scheduled for a public hearing July 7, 1975. RE: REPORT ON HISTORIC PRESERVATION SUBCOMMITTEE TO CULTURAL AFFAIRS COMMISSION - FILE 9-2-24 x i1_ia_9 Following discussion, a motion by Councilman Nixon, seconded by Councilman Miskimen, to extend the call for applications for two weeks was unanimously approved. RE: NON -AGENDA ITEM - REQUEST FROM UNITED PARCEL SERVICE - FILE 10-2x 4-10-78 A request from John Schilling of United Parcel Service for issuance of an occupancy permit for their' new building located at 2895 Kerner Boulevard (withheld by the Planning Commission pending correction of certain deficiencies) was discussed with the City staff and the applicant. Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to grant the occupancy permit pursuant to the posting of a $5,000 or $10,000 bond to insure compliance with the i Planning Commission requirements. RE: NON -AGENDA ITEM - REQUEST FOR NEGOTIATIONS - FIRE FIGHTERS UNION - FILE 7-8 George Walser, representing the Fire Fighters Union, requested that the City Council meet personally with the Union representatives for employee negotiations. Following Mr. Walser's report, a lengthy discussion regarding prior negotiations and mediation, and a report from Richard Breiner, the City's representative, relating to the cessation of mediation, the Council moved to Executive Session to consider this matter. The Council reconvened in Open Session. Mr. Dick Breiner reported on the Executive Session; that he had reviewed with the Council the pre- vious sessions, impasse meeting, mediation and proposed fact finding, and had advised the Council that it was appropriate to take action at this time. Motion by Councilman Nixon, second by Councilman Jensen, that the Council adopt Resolution No. 4980, granting a five percent salary increase and other benefits to the Fire Department personnel, effec- tive July 1, 1975. Councilman Nixon then read Resolution No. 4980. Motion by Councilman Miskimen, second by Councilman Jensen, to amend the previous motion by increas- ing the five percent to six percent salary increase. The amendment failed by the following vote, to wit: AYES: COUNCILMEN: Miskimen NOES: COUNCILMEN: Jensen, Nixon and Mayor Bettini ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 4980 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4501 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR FIRE DEPARTMENT PERSONNEL. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON BID OPENING - LANDSCAPING ON SOUTH SAN PEDRO ROAD - JOINT CITY -COUNTY PROJECT NO. IV - FILE 4-13-14 The Council received a report on the bid opening and recommendation that the low bid be endorsed. Motion by Councilman Jensen, second by Councilman Miskimen, that the Council endorse the award of con- tract to Watkin and Bortolussi at the low bid of $143,913.00. RE: REPORT ON BID OPENING AND CONSIDERATION OF AWARD OF CONTRACT - ALTERATIONS TO THE SAN RAFAEL PUBLIC LIBRARY - FILE 4-1-231 Mr. Finisy, Architect, reviewed the bids received and summarized the base bids and the five alter- nates. Council was furnished copies of the summary. Motion by Councilman Jensen, second by Councilman Miskimen, to award the bid to Elvin C. Stendell for the base bid plus alternates 1, 2, 3, 4 and 5 in the total amount of $129,794. Motion by Councilman Nixon, second by Councilman Miskimen that the motion be amended to exclude i 232 alternates 2, 3 and 4. The amended motion carried by the following roll call vote: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The Council then voted on the original motion, as amended, to award by Resolution to the low bidder, Elvin C. Stendell, Inc. for the base bid plus alternates 1 and 5 in the amount of $121,463. RESOLUTION NO. 4981 - RESOLUTION OF AWARD OF CONTRACT (Alterations to the San Rafael Public Library, Fifth Avenue and "E" Streets, to Elvin C. Stendell) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON SPECIAL CENSUS, 1975-76 - FILE 9-14 This item was deferred, to be considered at the budget session. RE: APPEAL OF BUSINESS LICENSE FEE - FILE 9-10 This item was withdrawn by the applicant and no Council action was required. RE: REQUEST OF MARIN TRANSIT DISTRICT REGARDING DOYLE DRIVE - FILE 143 Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, that the City Council support the County action in the case of the County of Marin vs. The State of California Department of Transportation, et al., at no cost to the City. RE: RENEWAL OF PARKING LOT LEASE - SECOND AND GRAND AVENUES - MARIN MUNICIPAL WATER DISTRICT - FILE 4-15-1 Motion by Councilman Nixon, second by Councilman Jensen to approve the renewal of the parking lot lease and to authorize the Mayor and City Clerk to sign the agreement. RESOLUTION NO. 4982 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin Municipal Water District) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RF. FNnnp-gFMFNT Tn AR AA4 - IITTI T7ATTnN nF RRTnr.F RFVFNIIFS F(1R TRANSTT - FTI F llh Director of Public Works Caillouette supplemented his written report regarding the request from Metropolitan Transportation Commission that the City consider endorsement of Assembly Bill 664. The concensus was that, in accordance with past policy, the Council not endorse the bill. Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, that the Council take no action on this request. RE: RESOLUTION APPROVING CIRCULATION OF PETITIONS FOR ANNEXATION OF SAN RAFAEL MEADOWS - FILE 5-2-67 RESOLUTION NO. 4983 - 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 "SAN RAFAEL MEADOWS ANNEXATION" AND AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF PETITION. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: APPROVAL OF PLANS AND SPECIFICATIONS - FEDERAL AID URBAN PROJECT - "ROADWAY IMPROVEMENT, SECOND STREET -FOURTH STREET -MIRACLE MILE, FROM EAST STREET TO WESTERLY CITY LIMITS" - F.A.U. PROJECT NO. M-6302(001 - CITY OF SAN RAFAEL PROJECT NO. 9331-73.164 - FILE 11-15.1 x 4-1-233 Director of Public Works Caillouette presented a staff report, recommending Council approval of plans and specifications for the project and call for bids after the Federal Highway Administration has approved the plans and specifications. Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to approve the staff recommendation. RE: PROPOSED REVISION TO SUBDIVISION AND ZONING FEE SCHEDULE - FILE 9-10-2 The proposed resolution adopting revised subdivision and zoning fees were deferred and will be be considered at the budget session. 233 RE: EXECUTIVE SESSION The Council moved to Executive Session to issue instructions to its Employee Negotiator. The City Council adjourned to the next regularly scheduled meeting to be held at 8:00 p.m., Monday, July 7, 1975. MARION A. GRADY, City Clerk APPROVED THIS 7 DAY OF 1975. MAYOR OF THE CITY -OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 23, 1975, at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman Also Present: William J. Biesler, City Manager The San Rafael City Council met in Executive Session, following the 7:30 budget work session, to issue instructions to its Employee Negotiator. The Council convened in Open Session for a report on the Executive Session, and took the following action: RESOLUTION NO. 4984 - RESOLUTION AUTHORIZING THE SIGNING OF AMENDMENT TO AGREEMENT (between the City of San Rafael and William J. Bielser, City Manager) (FILE NO. 9-3-11) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 4985 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4715 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES (FILE NO. 7-3) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 4986 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4980 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DE- PARTMENT PERSONNEL. (FILE NO. 7-3-) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The City Council adjourned. WILLIAM J. BIELSER, Acting City Clerk APPROVED THIS DAY OF r 1975. MAYOR OF THE CITY TF SAN RAFAEL 10:00 A.M. SPECIAL MEETING OF/6/30/75 see page 238 SPECIAL MEETING OF (7:30 P.M.) see page 238 and 239 234 In the Council Chambers of the City of San Rafael, Monday, July 7, 1975, at 8:00 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: EXECUTIVE SESSION The Council met in Executive Session in Room 201 at 7:30 p.m. to issue instructions to Employee Negotiator. The Council convened in Open Session at 8:00 p.m. Mr. Dick Breiner reported that the Council had dis- cussed the pending negotiations and mediation process with the Police Association. No action was taken. RE: PRESENTATION BY STATE LANDS COMMISSION EXECUTIVE OFFICE REGARDING ALLARDT'S CANAL BOUNDARY SETTLE- MENTS - FILE 12-10 Mr. William Northrop, Executive Officer, and Mr. Jim Trout, Assistant Executive Officer, of the State Lands Commission, addressed the Council regarding a method for equitable boundary settlements in the Allardt's Canal area and offered to work with the City staff to reach a solution. CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action of the Consent Calendar items(with the exception of Item No. 4, Claim for Damagds, San Rafael Chamber of Com- merce and Save our Sign Committee, Claimants) as follows: Item Recommended Action Approval of Minutes of Regular Meeting of June 16, 1975 and Approve as submitted to each Council Special Meeting of June 23, 1975. Member. Claim for Damages - Mr. and Mrs. Reese Marin, 47 Jewell Street, Deny and refer to Insurance Carrier. Claimants (File 3-1-153) Claim for Damages - Andy Knittel, by and through his Deny and refer to Insurance Carrier. father and mother, Robert and Judith Knittel, Claimant (File 3-1-166) Claim for Damages - Ricky Davis, by and through his mother, Deny and refer to Insurance Carrier. Ann Lockard, Claimant (File 3-1-167) Agreement with P.G. and E for Street Lights - South San Pedro RESOLUTION NO. 4987 - AUTHORIZING THE Road Widening, Phase IV. (File 4-13-14) SIGNING OF AN AGREEMENT (with Pacific Gas and Electric) Federal -Aid Urban Project - Fourth Street -Miracle Mile Recon- RESOLUTION NO. 4988 - A RESOLUTION struction, From Mar uard Avenue to Westerly City Limits, Pro- AUTHORIZING THE SIGNING OF FEDERAL - gram Supplement No. 1 (11-15.1)x 4-10-66 AID URBAN SYSTEM PROJECTS PROGRAM SUPPLEMENT NO. 1. East San Rafael Drainage Assessment District No. 2 - Segrega- RESOLUTION NO. 4989 - RESOLUTION DIRECT - tion of Assessment No. 28. (File 6-29) ING PROJECT ENGINEER TO PREPARE AND FILE AN AMENDED ASSESSMENT, (Segregation of Assessment No. 28) Report on Historic Preservation Ordinance. (File 13-14-2) Continue until recommendations are received from the Parks and Recreation and Cultural Affairs Commissions. Removal of Abandoned Vehicles, as Authorized by Ordinance No. Authorize Building Inspector to solicit 1137. (File 9-3-32 x 13-9) proposals for removing abandoned vehi- cles. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSAL OF THE COUNTY OF MARIN TO ESTABLISH A WOMEN'S OPPORTUNITY HOUSE AT 424 MISSION STREET, SAN RAFAEL - FILE 10-5 Mayor Bettini opened the public hearing and asked for a report from County Counsel Douglas J. Maloney. Mr. Maloney advised that, although the County is not subject to zoning ordinances of the City of San Rafael, they felt it would be inappropriate to institute any action within the City without bringing the matter to the Council's attention. Notice of the public hearing was pu blished and surrounding residents were notified. Mr. Maloney reviewed the rehabilitation program proposed and solicited 235 Council concurrence in the establishment of this facility. Mr. Erik Jorgensen, Attorney and President of the Aldersley Danish Retirement Home, objected to the location of the facility because of security and economic reasons. He felt an Environmental Impact Report would be appropriate, especially in view of the proximity to the residence of a large number of elderly people. I Other area residents speaking aginst establishment of the facility at this location were William H. Sherman, 430 Mission Avenue; Theo Gilman, 411 Mission Avenue; Cleo Mueller and Norma Wall. Ms. Erica Drum, a San Francisco Attorney representing some of the women prisoners, said she felt thati the supervision and type of inmate in the program would preclude the problems anticipated by the residents. Miss Ford, a recent graduate from San Rafael High School, also spoke in favor of the facility. Mayor Bettini closed the public hearing. The Council discussed the need for a facility of this type, expressing concern that the retirement home and the high school are not compatible with the intended use, the proposed location is in the Redevelopment Area, and the basic policy contained in the San Rafael General Plan to encourage neighborhood groups to participate in the planning of their areas. Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, that the Council re- commend to the County that they not place this facility at the proposed location. RE: FORTUNE-TELLING ORDINANCE - FILE 146 Council received copies of the prohibitory ordinance recommended by staff and a copy of a revised ' regulatory ordinance. Speakers against the adoption of a prohibitory ordinance and the regulatory ordinance as proposed wero Rosalind Pomeroy, 92 Golden Hinde Boulevard; James Benoit, Dr. of Divinity, 201 Loma Verde, Palo Alto; Norman Higby, San Rafae; Dr. G. Warren Kleinmaier, Psychiatrist; Craig Hughes of Marin Center of Parapsychology and Metaphysics, 1029 Fourth Street; and Jeanette Pomeroy, 92 Golden Hinde Boule- vard, a practicing astrologer. Attorney Isidoor Bornstein, representing Maria Adams, and Father Timothy Hogan of the Old Roman Catholic Church, Division of the Utrecht Succession, Fairfax, spoke in favor of a regulatory rather than a prohibitory ordinance. Marvin Friedman, an astrologer from San Rafael, favored having no regulation. However, he felt that any regulation the Council enacted should be limited to police background checks. Retired Lt. Colonel Walter S. Filler, 21 Edgewood Way, opposed operation of fortune-telling in the City of San Rafael without strict controls and regulation. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, provided that as a matter of policy, the Council adopt a regulatory ordinance rather than pursue the prohibitory approach. The existing prohibitory ordinance will remain in effect until a new ordinance is adopted. The item was then continued for two weeks for staff review. RE: PUBLIC HEARING - DEFINITION OF SINGLE-FAMILY RESIDENTIAL DESIGNATION - FILE 10-3 Mayor Bettini opened the public hearing. Planning Director Hotchner reviewed the proposed ordinance, last before the City Council for consideration in 1973. Council had received copies of the Planning staff report and copies of the proposed ordinance defining family and single dwelling as well as pro- viding for a use permit procedure. Mr. Hotchner recommended adoption of the ordinance with the word- ing on page 1, Section 2, paragraph F, to read as follows: "F. "Family" is one person living alone, or two or more persons related by blood, marriage, or legal adoption, or a group not exceeding five persons living as a single housekeeping unit." Richard Sangster spoke in favor of enactment of the proposed ordinance. Cliff Elbing cited a City of San Francisco ordinance which limits occupancy by providing for a certain amount of bedroom airspace per occupant. Mark Riordan expressed concern that the ordinance would work an undue hardship on students. Possible limiting of the number of automobiles per single family residence was discussed. Motion by Councilman Jensen, second by Councilman Miskimen, that the proposed ordinance, with the amendment in paragraph F above, be passed to print. An ordinance of the City of San Rafael Amending Title 14 of the San Rafael Municipal Code pertainigg to multiple occupancy of single family residential units, and numbering Charter Ordinance No. 1186, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: None 236 RE: CONTINUED CONSIDERATION OF LAUREL -DELL DAY CARE CENTER PROGRAM - FILE 9-3-65 This item was continued until July 21, 1975, at the request of Jane Teitelbaum, spokesperson for the proposed Laurel Dell Day Care Center program. RE: REPORT ON CULTURAL AFFAIRS TECHNICAL ADVISORY COMMITTEE - FILE 9-2-24 City Manager Bielser reported that applications have been received, and copies furnished to Council, from Guy A. Reem, Jr., Daniel J. Mardesich, Richard Lytel, and Klaus D. Martin. Motion by Councilman Mulryan, second by Councilman Miskimen and Unanimously carried, that the four ap- plicants mentioned above be appointed to the Technical Advisory Committee on Historic Preservation. Councilman Jensen left the Council Chambers. RE: REPORT ON DOG LICENSE FEES - FILE 9-10-2 City Manager Bielser reported that, since all cities in the County did not adopt the increased fees, enactment of the Urgency Ordinance would place the dog license fees in San Rafael in line with the rest of Marin County. CHARTER ORDINANCE NO. 1187 - An Urgency Ordinance of the City of San Rafael amending Title 6 Animals, Chapter 6.10 Animal Control, Section 6.10.060, by decreasing the license fees thereof, was read, in- troduced and adopted as an ordinance of the City of San Raael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: NON -AGENDA ITEM - REQUEST FROM INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FILE 7-3 A request from Mr. Vince Riddle, Vice President of the Local IAFF union speaking on behalf of the San Rafael firemen, that salary negotiations be resumed was denied by the Council. Councilman Jensen returned to the Council Chambers. RE: REPEAL OF SIGN MORATORIUM, CENTRAL SAN RAFAEL AREA - FILE 125 Consideration of this matter was continued for two weeks and the City Attorney was instructed to pre- pare a report for submittal to Council. RE: LETTER FROM BRET HARTE HEIGHTS ASSOCIATION - FILE 13-14-1 The Council received a request from the Bret Harte Community Associaiton for consideration of acquisi- tion of several parcels for open sp4ce. City Manager Bielser advised that these parcels are in the Priority 1 category and would be so considered in open space acquisition following adoption of the new zoning ordinance. RE: REQUEST FOR CHANGE IN PARKING LIMITS AT THIRD AND LOOTENS GARAGE - FILE 11-18 An ordinance of the City of San Rafael repealing in its entirety Sections 5.60.068 and 5.60.070 of Chapter 5.60, Title 5 of the San Rafael Municipal Code pertaining to Ten Hour Parking Meter Zones and Two Hour Parking Meter Zones, and numbering Charter Ordinance No. 1188, 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 Councilman Nixon was excused from the Council meeting. RE: PROPOSAL REGARDING SALE OF SURPLUS SCHOOL PROPERTY - FILE 2-7.1 The proposal from the San Rafael City Schools for sale of district owned property located on the north- west corner of Third and E Streets was referred to the staff and the Redevelopment Citizens Advisory Committee. RE: STREET RENAMING (P75-9), OLD LUCAS VALLEY ROAD TO CANYON OAK DRIVE - FILE 11-2 RESOLUTION NO. 4990 - RESOLUTION AFFIRMING THE RECOMMENDATION OF THE PLANNING COMMISSION OF THE CITY OF SAN RAFAEL IN CONNECTION WITH THE RENAMING OF OLD LUCAS VALLEY ROAD TO CANYON OAK DRIVE. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: APPEAL OF AD -ART SIGN COMPANY - DENIAL OF ENCROACHMENT PERMIT FOR FIDELITY SAVINGS, 1200 FIFTH_ AVENUE - FILE 2-11 Public Works Director Caillouette supplemented his written report regarding denial of the encroachment permit, pending completion of the Redevelopment Area Master Plan. 237 -- -------------- Mr. - -- Mr. Wade McClure of Ad -Art, Incorporated, appellant, said it was his opinion that the Planning Com- mission and the Redevelopment Agency had given approval for the canopy, and asked Council approval of the permit. It was pointed out that this approval was limited to the signs and that the canopy was subject to an encroachment permit. i Motion by Councilman Mulryan, second by Councilman Miskimen, that the appeal not be granted and the encroachment permit be denied. AYES: COUNCILMEN: Miskimen and Mulryan NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: Nixon City Attorney Connick ruled that failure to get a majority vote on an appeal is a denial of the permit. RE: AGREEMENT WITH PATRICK J. AND MARY E. KIRRANE FOR SITE IMPROVEMENTS AND EXCHANGE OF LAND AREAS AND OTHER VALUES - FILE 12-10 x 4-10-79 City Manager Bielser reported on the proposed agreement for site improvements and exchange of land areas and other values as required by the State for relinquishment of certain area within Allardt's Canal. RESOLUTION NO. 4991 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Patrick J. and Mary E. Kirrane) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT FROM PLANNING COMMISSION ON USE PERMIT REVOCATION ACTION AGAINST OM FLOWERS BY DAVID W. BONAIUTO - FILE 10-5 Planning Director Hotchner presented the staff report and Planning Commission recommendation against revocation of the Use Permit as the applicant has agreed to strict adherence to the conditions of the permit. He referred to the letter of appeal from Mr. Bonaiuto. Mr. Hotchner said that 13 letters and a petition signed by 38 representatives of downtown businesses in support of the flower stall were received. Mr. David Bonaiuto asked that, if the Use Permit is not revoked, the requirements of the permit be strictly enforced and the types of plants be itemized. He presented a petition against the Use Per- mit signed by 63 Fourth Street merchants. Mr. Steve Koolpe, Attorney, and Mr. Pandey, applicant, asked that the Use Permit not be revoked, and that Om Flowers be allowed to remain open on certain Sundays or holidays when flowers are needed. Mr. Pandey agreed to sell only those items indicated in the Use Permit. Planning Director Hotchner advised that the applicant would have to apply to the Planning Commission for an amendment to the Use Permit for any change in hours of operation. The Council concurred that potted plants authorized by the Use Permit consit of flowering plants such as chrysanthemums, poinsettias, and fuchsias. Motion by Councilman Miskimen, second by Mayor Bettini and unanimously carried, that the Use Permit not be revoked and that there be no change in terms of the Use Permit until expiration, unless amended by the Planning Commission. RE: REPORT ON VACANCIES AND EXPIRED TERMS ON CITY BOARDS AND COMMISSIONS - FILE 9-2 x 9-2-5 x 9-2-6 x The Council accepted the resignation of Mr. J. Warren Crane from the Fire Commission, and extended the call for applications for an additional 30 days. The staff was instructed to arrange interviews for the Board of Review Member Fred Saccone and Plann- ing Commissioner Donn Nissen, whose terms are expiring. RE: RESOLUTION OF APPRECIATION TO CHARLES L. TACCHI - FILE 102 x 9-2-4 RESOLUTION NO. 4992 - RESOLUTION OF APPRECIATION TO CHARLES L. TACCHI AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: ORDINANCE REGARDING CITY COUNCIL SALARIES - FILE 9-1 An Ordinance of the City of San Rafael providing for cost of living increase for City Council, and numbering Charter Ordinance No. 1189, was read, introduced and ordered passed to print by the follow- ing vote, to wit: AYES: COUNCILMEN; Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: CLAIM FOR DAMAGES - SAN RAFAEL CHAMBER OF COMMERCE AND SAVE OUR SIGN COMMITTEE, CLAIMANTS - FILE Motion by Councilman Mulryan, second by Coucilman Miskimen, that the above claim be denied. �e AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The City Council adjoured. MARION A. GRADY, City Clerk APPROVED THIS DAY OF .19 MAYOR OF `THE OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 30, 1975, at 10:00 A.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 issue instructions to its Employee Negotiator. No action was taken. MARION A. GRADY, City Clerk APPROVED THIS DAY OF 7_ f . 1975. MAYOR OF THE OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday June 30, 1975, at 7:30 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: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: REVIEW OF CAPITAL IMPROVEMENT BUDGET, 1975-1976 - FILE 8-5 The Council received the written recommendation of the Planning Commission stating that projects listed in the Capital Improvement Budget are in conformity with the San Rafael General Plan. The Capital Improvement Budget for 1974-1975 was approved as submitted, with the following exceptions: (1) The Streets and Parks Maintenance Management Project was disdapproved and will be reconsidered at the Mid -Year Session; (2) The Geological Survey - San Rafael & Irwin Creeks was reduced to $7,530; (3) The Corporation Yard Expansion of $10,000 and Harry Barbier Open Space Area of $25,000 were disapproved; and (4) An additional $4,500 was budgeted for Miller Creek Improvements. RE: DISCUSSION OF CONTINUED ITEMS - FILE 145, 9-12, 12-5, 9-14 The following action was taken on items continued from previous meetings: Further consideration of a City Newsletter was deferred to the Mid -Year Session. The staff was directed to draft an ordinance instituting a Utility Users Tax for Council consideration. $3,500 was budgeted for construction of a chain link fence at Pickleweed Park. The proposal to participate in a special County -wide censes was approved. The list of items on page 10 of the Preliminary Budget was approved except the Cultural Affairs Coordinator at a cost of $18,000 was disapproved; and the Part-time Drama Workshop Director at $4,680, Band Concerts at $1,500, and the Council Audio & Recorder System at $4,000 were deferred to the Mid -Year Session. Consideration of the Tax Increment Subsidy Policy was held in abeyance. 239 RE: GLENWOOD SCHOOL SITE TURFING PROJECT - FURNISH AND DELIVER SAND - PROJECT NO. 9180-75.199.32 - FILE 4-1-232 Motion by Councilman Miskimen, second by Councilman Mulryan, to accept the low bid of Tidewater Sand & Gravel, Inc. of $13,578.60 and authorize the Department of Public Works to proceed with the purchase of the sand. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SET MEETING.WITH LIBRARY BOARD - FILE 9-2-3 This item was carried forward. RE: REVIEW OF GAS TAX BUDGET - FILE 8-5 Motion by Councilman Nixon, second by Councilm an Jensen and unanimously carried, to adopt the Gas Tax Budget. RE: CITY OF SAN RAFAEL BUDGET, FISCAL YEAR 1975-1976 - FILE 8-5 Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to adopt the tentative budget. MARION A. GRADY, City Clerls APPROVED THIS �� DAY OF 1975. MAYOR`-OrMAYOR`-Or THE CITY WSAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Wednesday, July 9, 1975, following the 7:30 P.M. Redevelopment Agency meeting. 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 issue instructions to its Employee Negotiator. No action was taken. -y� Z C /�� MARION A. GRADY, City Clerk APPROVED THIS DAY OF ,'-L t 1975. MAYOR. ,F THE CITY SAN RAFAEL 244 In Room 201 of the City Hall of the City of San Rafael, Friday, July 11, 1975, at 5:00 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 There being no quorum present at 5:00 P.M., the City Clerk adjourned the meeting to 6:00 P.M., at which time the Council met in Executive Session to issue instructions to its Employee Negotiator. No action was taken. MARION A. GRADY, City Clem APPROVED THIS DAY OF 1975. &e"O( MAYOR OF THE CITY OF SAN RAFA L In Room 201 of the City Hall of the City of San Rafael, Tuesday, July 15, 1975, following the 7:30 P.M. Redevelopment Agency meeting. 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 issue instructions to its Employee Negotiator. No action was taken. MARION A. GRADY, City ClerF APPROVED THIS DAY OF u �.,. ,1975. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 21, 1975, at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miski,men, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman The San Rafael City Councilm met in Executive Session to interview Mr. Donn E. Nissen and Mr. Fred Saccone for reappointment to their respective Board and Commission, and to issue instructions to the Employee Negotiator. MARION A. GRADY, City Clerk APPROVED THIS DAY OF �+'-' t 1975. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 21, 1975, at 8:00 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 241 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: REPORT ON EXECUTIVE SESSION Mayor Bettini reported that the Council had met in Executive Session at 7:30 p.m. and interviewed Mr. Donn E. Nissen for reappointment to the Planning Commission and Mr. Fred Saccone for reappointment to the Board of Review. The Council also gave instructions to the Employee Negotiator. RE: CONSENT CALENDAR Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the recommended action of all consent calendar items (with the exception of Item No. 6, Resolution on Annexation of San Rafael Meadows, which was removed for discussion), as follows: Item Approval of Minutes of Special Meetings of June 30, 1975; Regular Meeting of July 7, 1975; and Special Meetings of July 9, 1975, July 11, 1975 and July 15, 1975. Claim for Damages - California State Automobile Association, Claimant - (Insured: Vallie E. Miley) FILE 3-1-171. Claim for Damages - Safeco Insurance Companies, Claimant - (Insured: Thomas L. Pittsford) FILE 3-1-172. Report on Election - Police Lieutenants. (FILE 7-3-1) Renewal of Senior Citizen Agreement. (FILE 4-13-31 x 4-13-32) Recommended Action Approve as submitted to each Council member. Deny and refer to Insurance Carrier. Deny and refer to Insurance Carrier. RESOLUTION NO. 4995 - A RESOLUTION OF THE CIT, COUNCIL OF THE CITY OF SAN RAFAEL DECLARING THE POSITION OF POLICE LIEUTENANT AS MANAGEMENT RESOLUTION NO. 4996 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with County of Marin for Renewal of Senior Citizen Agreement) RESOLUTION NO. 4997 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the Marin Senior Coordinating Council) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1186, PERTAINING TO MULTIPLE OCCUPANCY OF SINGLE FAMILY RESIDEN- TIAL UNITS - FILE 10-3 CHARTER ORDINANCE NO. 1186 - An ordinance of the City of San Rafael amending Title 14 of the San Rafael Municipal Code pertaining to Multiple Occupancy of Single Family Residential Units was passed and adopted by the City Council of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1188, PERTAINING TO TEN HOUR PARKING METER ZONES AND TWO HOUR PARKING METER ZONES - FILE 11-18 CHARTER ORDINANCE NO. 1188 - An ordinance of the City of San Rafael repealing in its entirety Sections 5.60.068 and 5.60.070 of Chapter 5.60, Title 5 of the San Rafael Municipal Code pertaining to ten hour parking meter zones and two hour parking meter zones, was passed and adopted by the City Council of the City -f 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. 1189, PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL -FILE 9-1 CHARTER ORDINANCE NO. 1189 -An ordinance of the City of San Rafael providing for cost of living in- crease for City Council, was passed and adopted by the City Council of the City of San Rafael by the following vote,to wit: 242 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None r REPORT ON FORTUNE-TELLING ORDINANCE - FILE 146 The Council received a report from City Attorney Connick regarding revision of the regulatory ordinance. He advised that the dollar amounts had been left open for Council determination of the investigative_ fee and cost of licensing. He recommended the following rewording on page 5, second paragraph of the submitted draft ordinance: " 10.88.070 Use Permit Required. Prior to engaging or conducting any business under this Chapter, the permittee shall secure a use permit when required by Title 14 of the San Rafael Municipal Code." Chief Kelly advised that $50 should cover the City's cost of investigation. City Manager Bielser re- ported that $35 is minimum fee for a business license. Council discussion resulted in the following amendments to the draft ordinance: The words "for pay" were inserted on page 1, second line of Section 10.88.020, after "engage;" on page 2, third line from the bottom, after "engaged;" and on page 5, second line of Section 10.88.090, after "engage." Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, that the investigation fee in Section 10.88.040 be $50.00. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, that the business license fee in Section 10.88.080 be $35.00. Motion by Councilman Mulryan, second by Councilman Miskimen, that the ordinance be passed to print as amended at this meeting. An ordinance of the City of San Rafael repealing in its entirety Sections 8.12.050, 8.12.060, 8.12.070 of Chapter 8.12, Title 8 of the San Rafael Municipal Code pertaining to: The prohibition of fortune- telling, clairvoyance, spiritualism, palmistry, astrology and allied practices; the prohibition of public exhibition of hypnotism, mesmerism, and the like; the prohibition of phrenological examinations or readings -and adding a new Chapter 10.88 Fortune -Telling Licensing and Regulation, and numbering Charter Ordinance No. 1190, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: CONTINUED CONSIDERATION OF LAUREL -DELL DAY CARE CENTER PROGRAM - FILE 9-3-65 Recreation Director Snyder presented a staff report and the Parks and Recreation Commission recommenda- tion of approval of the self-sustaining Day Care Center program. Jane Teitelbaum urged favorable consideration of the proposed Day Care Center and assured the Council that a responsible parent would be available at all times in the event any child was not picked up promptly or for an emergency of any kind. Jane Middleton, Sy Tarlen, Michael Flynn and Dick Fox also spoke in favor of approval of the Day Care Center program. Council discussion included whether or not the program would increase insurance costs, the responsi- bility of the City in programs of this type, and the need for this Center. Motion by Councilman Mulryan, second by Councilman Miskimen, that the program be approved subject to the condition that insurance cost would not be increased more than $200 annually. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPEAL OF SIGN MORATORIUM, CENTRAL SAN RAFAEL AREA - FILE 125 City Attorney Connick reported that the sign moratorium was instituted to avoid hardship to business men who might install signs in conflict with the Redevelopment Agency Master Plan. In his opinion, it is appropriate and should not be repealed. RE: REPORT ON HISTORICAL PRESERVATION ORDINANCE - FILE 13-14-2 City Manager Bielser reported that the ordinance submitted contains changes recommended by the Parks and Recreation and Cultural Affairs Commissions. He mentioned that the Council may desire to change the wording in the second line of Section 2.18.30, Subsection (a) on page 4 to read: "... with the —` Technical Advisory Committee as it deems advisable..." Motion by Councilman Mulryan, second by Councilman Miskimen, that the submitted ordinance be passed to print with the above amendment. An ordinance of the City of San Rafael amending Title 2 by adding thereto Chapter 2.18 entitled "Historic Preservation," and numbering Charter Ordinance No. 1191, was read, introduced and ordered passed to print by the following vote, to wit: 243 AYES: NOES: ABSENT: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini COUNCILMEN: None COUNCILMEN: None RE: REPORT ON RECREATIONAL VEHICLE STORAGE IN RESIDENTIAL AREAS - FILE 10-1 Planning Director Hotchner presented a staff report on the feasibility of an ordinance revision. He recommended referral to the Planning Commission for public hearing prior to any Council action. Following a comprehensive discussion of the problems of parking recreational vehicles, the staff was directed to enforce the existing ordinance on a complaint and repeated -offense basis. RE: RECONSIDERATION OF CONTRACT FOR SURVEYING, STATE OF CALIFORNIA - FILE 11-15-1 The Council received a report from Public Works Director Caillouette. A letter from the California Council of Civil Engineers and Land Surveyors protesting the use of Caltrans' survey crews for the Fourth Street -Miracle Mile Reconstruction Project was also received. Mr. Caillouette pointed out the difference in cost per hour between the State's crews and local firms. It was the Council concensus that, in view of the employment situation, local people should be given an opportunity to do the work. Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to authorize staff to go to the private sector as long as the bids are no more than 20 percent higher than the State bid. City Manager Bielser was directed to respond to Mr. White's letter, advising that in the event he can supply information that Caltrans is overstaffed and is trying to keep people employed by underbidding private enterprise the Council would be happy to consider appealing to the State Legislators to see if this can be rectified. RE: PARKS AND RECREATION COMMISSION REQUEST FOR JOINT MEETING WITH CITY COUNCIL - FILE 9-1 x 9-2 The staff was directed to set separate joint meetings with both the Parks and Recreation Commission and the Library Board on alternate Monday evenings in September. RE: APPOINTMENTS TO COMMISSIONERS - FILE 9-2 Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to reappoint Mr. Donn E. Nissen to the Planning Commission for a four-year term to expire July, 1979. File 9-2-6 Motion by Councilman Miskimen, second by Councilman Mulryan and unanimously carried, to reappoint Mr. Fred Saccone to the Board of Review for a six-year term to expire July, 1981. File 9-2-12 RE: RESOLUTION ON ANNEXATION OF SAN RAFAEL MEADOWS - FILE 5-2-67 Assistant to the City Manager Meador reported that to meet the November election schedule and various Government Code requirements would necessitate setting the public hearing for protests on the 5th, 6th, 7th or 8th of August. The Council agreed to set the hearing in paragraph 3 of the Resolution for August 5, 1975 at the hour of 5:00 p.m. Motion by Councilman Jensen, second by Councilman Miskimen, that the Council adopt the Resolution with the change of hearing date. RESOLUTION NO. 4993 - 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 (August 5, 1975 at 5:00 p.m.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - FIRE PROTECTION IN UNINCORPORATED AREA - FILE 13-5 At the request of Councilman Mulryan, City Manager Bielser presented a status report on fire protec- tion in the unincorporated area. -RE: NON -AGENDA ITEM - PROPOSED WOMEN'S OPPORTUNITY HOUSE, 424 MISSION AVENUE - FILE 10-5 Councilman Miskimen suggested that City representatives attend the July 22 Marin County Board of Supervisors meeting and oppose the proposed facility. City Manager Bielser, City Attorney Connick and Planning Director Hotchner were directed to attend. RE: NON -AGENDA ITEM - COUNCIL POLICY DECISIONS - FILE 9-1 The Council discussed the implications of motions relating to future Council policy. RE: NON -AGENDA ITEM - U.S. ARMY BICENTENNIAL BAND - FILE 104 Councilman Mulryan reported that he had contacted the U.S. Army Bicentennial Bank relative to playing in San Rafael and it is available for October 14, 1975. He asked that the Council co-sponsor with the School District the engaging of the Band and reserve the Civic Center Auditorium for this purpose. Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to approve this re- quest. i 244 RE: REPORT ON SALARY NEGOTIATIONS - SAN RAFAEL POLICE ASSOCIATION - FILE 7-8-3 x 7-3-1 City Manager Bielser reported that a satisfactory settlement had been reached with the Police Associa- tion. Motion by Councilman Jensen, second by Councilman Mulryan, to approve the settlement with the Police Association for the fiscal year 1975/1976. RESOLUTION NO. 4994 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council moved to Executive Session to issue instruction to the Employee Negotiator. The Council adjourned to the next regularly scheduled meeting on August 4, 1975. - MARION A. GRADY, City Clerk APPROVED THIS DAY OF &ecl MAYOR OF THE CITY Or SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Saturday, July 26, 1975, at 11:00 A.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 issue instruction to its Employee Negotiator. No action was taken. MARION A. GRADY, City Clerk APPROVED THIS ` DAY OF ( 1975. mot MAYOR OF THE CITY OF SAN RAFAEL 245 In the Council Chambers of the City of San Rafael, Monday, August 4, 1975, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman (8:10) Jack G. Nixon, Councilman Also Present: Raymond L. Meador, Assistant to City Manager; Marion A. Grady, City Clerk, Harry A. Connick, City Attorney. RE: RESOLUTION OF APPRECIATION FOR RETIRING FIRE COMMISSIONER, J. WARREN CRANE - FILE 102 x 9-2-5 Mayor Bettini presented a Resolution of Appreciation to Mr. Crane and expressed appreciation for his 35 years of service on the Fire Commission. RESOLUTION NO. 4998 - RESOLUTION OF APPRECIATION TO J. WARREN CRANE. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Miskimen, to approve the recommended action of the following Consent Calendar items: Item Approval of Minutes of the Special and Regular Meetings of July 21, 1975. Report of Citizens Advisory Committee on Cable TV, Regarding Rates and Services. FILE 9-2-21 x 9-7-4. Appeal of Planning Commission Decision Conditions of Approval of Two -Lot Subdivision (s75-3) Pt. San Pedro Road. FILE 10-8. Recommended Action Approve as submitted to each Council member. Continue to August 18, 1975, at the request of Tele Vue Systems. (Later changed to August 25, 1975 Set public hearing for August 18, 1975. (Later changed to August 25, 1975) Request for Extension of Contract Time, East San RESOLUTION NO. 4999 - RESOLUTION EXTENDING TIME Rafael Drainage Assessment District No. 2. FILE 6-29. FOR THE COMPLETION OF CONTRACT - SCHEDULE A (to August 18, 1975) (Later changed to August 25, 1975 Resolution Accepting Conveyance of Tax Deeded Prop- RESOLUTION NO. 5000 - RESOLUTION ACCEPTING CON- erty - FILE 2-6 x 2-15. VEYANCE OF REAL PROPERTY (A. P. Nos 14-171-35 and 165-010-60) Appeal of Business License Fee Penalty Provisions Deny appeal. (Mr. J. Reutlinger) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: FINAL ADOPTION - ORDINANCE NO. 1190 PERTAINING TO FORTUNE-TELLING LICENSING AND REGULATION - FILE 146 CHARTER ORDINANCE NO. 1190 - An ordinance of the City of San Rafael repealing in its entirety Sections 8.12.050, 8.12.060, 8.12.070 of Chapter 8.12, Title 8, of the San Rafael Municipal Code pertaining to: The prohibition of fortune-telling, clairvoyance, spiritualism, palmistry, astrology and allied practices; the prohibition of public exhibition of hypnotism, mesmerism, and the like; the prohibition of phrenological examinations or readings - and adding a new chapter 10.88 Fortune -Telling Licensing and Regulation was adopted by the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: Mulryan RE• FINAL ADOPTION - ORDINANCE NO. 1191, ADDING CHAPTER 2.18 ENTITLE HISTORIC PRESERVATION - FILE 13-14-2 CHARTER ORDINANCE NO. 1191 - An ordinance of the City of San Rafael amending Title 2 by adding thereto Chapter 2.18 entitled "Historic Preservation" was adopted by 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 240, RE: PROPOSED REVISION TO SUBDIVISION AND ZONING FEE SCHEDULE - 9-10-2 x 9-3-17 Planning Director Hotchner reported that, of 150 notices of the proposed fee revision mailed to builders and organizations, only one reply (in favor of the revision) was received. Mr. Hotchner answered questions of Council members. There was no one present who wished to discuss this item. Motion by Councilman Jensen, second by Councilman Miskimen, that the proposed revised fees be adopted. RESOLUTION NO. 5001 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES AND CHARGES FOR PALNNING DEPARTMENT SERVICES. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BIDS - FEDERAL AID URBAN PROJECT, FOURTH STREET -MIRACLE MILE - LOCAL PROJECT NO. 9331- 73.164 - FILE 4-1-233 Public Works Director Caillouette recommended award of contract to Ghilotti Bros., Inc. at the low bid of $1,105,375.94, subject to and only after receipt of approval of Award of Contract from the Federal Highway Administration and California State Department of Transportation. Motion by Councilman Miskimen, second by Councilman Mulryan, to award the contract to Ghilotti Bros., Inc. with the conditions outlined by the Public Works Director. RESOLUTION NO. 5002 - RESOLUTION OF AWARD OF CONTRACT (Construciton of Roadway Improvements - Second Street -Fourth Street -Miracle Mile from East Street to westerly City limits - Stages 2 & 3 - Federal Aid Urban Project in San Rafael, California, FAU Project No. M-6302(001), Local Project No. 9331-73.164) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Nixon Public Works Director Caillouette presented a report of informal bids received from engineering firms and Caltrans for surveying in connection with the above project. Motion by Councilman Jensen, second by Councilman Miskimen, that Hoffman & Albritton's bid of $16.40 per hour be accepted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: APPLICATION FOR LICENSE TO OPERATE VEHICLES CARRYING PASSENGERS FOR HIRE - JAMES S. SAVOY, AP- PLICANT - FILE 9-9 Mr. James S. Savoy, 68 Duran Drive, applicant, asked the Council to consider favorably his application to operate a jitney service in the Terra Linda area and described the proposed operation which he felt would be a convenience to the the Terra Linda residents. Mr. Robert Jennings, President of Yellow Cab Company in San Rafael, spoke in opposition to the pro- posed service on the basis that there is not enough business in the area to support the operation and it would work a hardship on his company. Mr. Savoy responded to questions raised by the Council and Mr. Jennings. It was suggested in the discussion that a review being conducted by the Redevelopment transportation consultants would re- veal the extent of service required, and action on this application should be continued pending receipt of their report. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that this item be continued to the second meeting in September. The staff was directed to contact the transportation consultants and ask tat the report be completed prior to that meeting. (Councilman Jensen left the Council Chambers.) RE: COMMUNICATION FROM MARIN COUNTY REGARDING MC INNIS PARK - FILE 136 x 9-3-66 Assistant to the City Manager Meador recommended Council endorsement of the Land and Water Conserva- tion grant, for the building of the first phase of development at McInnis Park, that is being requested by Marin County. Motion by Councilman Miskimen, second by Councilman Nixon, that the Council endorse this request. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen 24 RE: COMMUNICATION FROM SUPERVISOR GIACOMINI REGARDING LOCAL TRANSIT NEEDS -FILE 143 This item was continued, pending receipt of the report from the Redevelopment transporation consultants. -- (Councilman Jensen returned to the Council Chambers) RE: DISCUSSION OF BICYCLE PATHS - FILE 9-3-65 This item was on the agenda for a status report at the request of Councilman Mulryan. Public Works Director Caillouette and Traffic Engineer Gerth reported. Discussion included the possible establish- ment of an ad hoc committee, Council liaison and public input. Parks & Recreation Commissioner Goodale advised that the Commission has formed a subcommittee for re- view of bicycle paths and it is scheduled on the agenda for the August 14 meeting of the Parks and Recreation Commission. Mr. Bruce Scott asked that consideration of a bicycle route between San Rafael and Larkspur be given Itop priority. Traffic Engineer Gerth was instructed to attend the Parks and Recreation Commission meeting and work with them on bicycle paths. RE: PROPOSAL FOR REMOVAL OF ABANDONED AUTOMOBILES - FILE 9-3-32 x 4-10-80 RESOLUTION NO. 5003 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Turrini's Auto Salvage for removal of abandoned auto- mobiles --at no cost to the City) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON RECREATIONAL VEHICLE ENFORCEMENT - FILE 10-1 City Attorney Connick and Planning Director Hotchner reported regarding enforcement of Section 14.13.260 of the Municipal Code. In view of the lack of definition of "recreational vehicle" in either the City or State code, specific guidance was requested from the Council. Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, that this item be referred to the Planning Commission for recommendation, with the understanding that the Council wishes to enforce the existing ordinance to the extent reasonable and practical. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Planning Director Hotchner introduced Mr. William Blackwell, the City's new Code Enforcement Officer. RE: REPORT ON GRACELAND DRIVE PROPERTY - FILE 9-3-40 Public Works Director Caillouette presented an informational report to the Council. RE: REPORT ON RADIO MAINTENANCE CONTRACT - COUNTY OF MARIN - FILE 4-13-1 Assistant to the City Manager Meador referred to correspondence from the County of Marin regarding a request that the County either cease providing radio maintenance services for all other public en- tities or increase its rates to be competitive with private industry. Mr. Meador recommended that, since the 1975-76 budget has been set, the Council oppose any increase during this fiscal year. Mr. Robert Kelley stated that the County of Marin, by charging lower rates, is unfairly competing with private industry which he felt should provide this service. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to instruct the City staff to formally request that the County retain its present rate structure for the current fis- cal year. RE: SETTING DATE FOR FIRST MEETING IN SEPTEMBER - FILE 9-1 The Council rescheduled the next three Council meetings: From August 18 to August 25; from September 1 to September 8; and from September 15 to September 22. The date of August 18 scheduled in three Consent Calendar items was changed to August 25. RE: NON -AGENDA ITEM - STREET BARRICADES FOR SUMMER BAND CONCERTS - FILE 9-3-65 On motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, the Police Depart- ment was authorized to erect unmanned street barricades for two-hour periods as needed during the summer band concerts. RE: NON -AGENDA ITEM - DESIGNATION OF DELEGATE TO MASTERS' CHAMPIONSHIP - FILE 9-3-30 Motion by Councilman Miskimen, second by Councilman Nixon, that Don Rose be named the official dele- gate from San Rafael to attend the Masters' National AAU Championship in White Plains, New York, and 248 the First World's Masters' Championship in Toronto, Canada, and that $200 be appropriated to as him in his expenses. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council moved to Executive Session to issue instructions to its Employee Negotiator. Upon pletion of the Executive Session, the Council adjourned to August 5, 1975, at 5:00 P.M. C(/LC-G7iv vi ��G MARION A. GRADY, City Cler APPROVED THIS z DAY OF 1975- MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, August 5, 1975, at 5:00 P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor (5:15 p.m.) Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: Raymond L. Meador, Assistant to the City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: SAN RAFAEL MEADOWS ANNEXATION - FILE 5-2-67 Acting Mayor Mulryan opened the public hearing for protests against the annexation of San Rafael Meadows. Mrs. Jean Nelson, 42 Corrillo, expressed dissatisfaction regarding the timing of the meeting and the requirements which necessitated such timing. The Council concurred that a public meeting will be scheduled in September to answer any questions re- garding the annexation and the staff will prepare a fact sheet for the San Rafael Meadows residents which will be available approximately October 1, 1975. Acting Mayor Mulryan closed the public hearing. No protests, either written or verbal, having been received, the Council took the following action: RESOLUTION NO. 5004 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN RESPECT TO THE SAN RAFAEL MEADOWS ANNEXA- TION AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5005 - 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 "SAN RAFAEL MEADOWS ANNEXATION" (on November 4, 1975) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5006 - 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 "SAN RAFAEL MEADOWS ANNEXATION" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The Council adjourned to the next Regular Meeting to be held on August 25, 1975, at 8:00 P.M. 249 APPROVED THIS � r /�/-' DAY OF MARION A. GRADY, City Clerk a _. _ __ , 1975. e%y&c MAYOR OF THE CITY 0 SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Wednesday, August 6, 1975. 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, immediately following the 8:00 P.M. meeting of the San Rafael Redevelopment Agency, to issue instructions to its Employee Negotiator. No action was taken. APPROVED THIS .S' DAY OF MARION A. GRADY, City Cler k G�_ ,i f , 1975. MAYOR OF THE CITY TFF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Thursday, August 14, 1975. 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, immediately follwing the 8:00 P.M. meeting of the San Rafael Redevelopment Agency, to issue instructions to its Employee Negotiator. No action was taken. /44G MARION A. GRADY, City ClerK APPROVED THIS T,� DAY OF��C�C ���t��Lr 1975. MAYOR OF THE CITY OF SAN RAFAEL 250 In Room 201 of the City Hall, City of San Rafael, Wednesday, August 20, 1975, at 5:00 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman The San Rafael City Council met in Executive Session to issue instructions to its Employee Negotiator. RESOLUTION NO. 5007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL. (Designating the Sanctuary Bells Handbell Choir of St. Luke Presbyterian Church as the City of San Rafael's offcial representative at Cal -Expo.) - File 102 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The City Council adjourned. MARION A. GRADY, City Cle APPROVED THIS �h DAY OF 1975. &*11244o( MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, August 25, 1975, at 7:30 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 property acquisition. MARION A. GRADY, City Clerk APPROVED THIS y DAY OF 1975. r MAYOR OF THE CITY OF SAN RAFAEL 251 In the Council Chambers of the City of San Rafael, Monday, August 25, 1975, at 8:00 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. REPORT ON EXECUTIVE SESSION Mayor Bettini advised that at the 7:30 p.m. Executive Session the Council discussed property acquisi- tion, instructions were given to the City Manager, and no other action was taken. RE: CONSENT CALENDAR Item No. 13, Request from County of Marin Regarding Meadowbrook Property, was removed from the consent calendar for discussion. Motion by Councilman Miskimen, second by Councilman Mulryan, to approve the recommended action on the following Consent Calendar items: I tem Recommended Action Approval of Minutes of Special Meeting of July 26, 1975, Approve as submitted to each Council Regular Meeting of August 4, 1975, Adjourned Regular Meet- member. ing of August 5, 1975, and Special Meetings of August 6, and August 14, 1975. Resolution Giving Notice of the Proposed Ghirardo-Hanf Annexation. (File 5-2-66) Joint Meeting with Parks and Recreation Commission (File 9-1 x 9-2-4) Agreement with P.G.&E. to Install Gas Service to the Al- bert Park Community Recreation Center. (File 4-4-1 x 12-15) Ceccotti Tract Subdivision - Extension of Time for Sub- division Improvements. (File 5-1-200) RESOLUTION NO. 5008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GIVING NOTICE OF THE PROPOSED GHIRARDO- HANF ANNEXATION (and setting public hear ing on October 6, 1975 at 8:00 p.m.) Approve date of September 15, 1975, at 8:00 p.m., for special meeting, as agreed to by the Commission. RESOLUTION NO. 5009 - A RESOLUTION AUTHO- RIZING THE SIGNING OF A LEASE OR AGREE- MENT (with Pacific Gas and Electric Com- pany) RESOLUTION NO. 5010 - RESOLUTION EXTEND- ING TIME FOR THE COMPLETION OF IMPROVE- MENT WORK (with Lee R. Ceccotti, Eva J. Ceccotti and Shamrock Materials, Inc. - to September 1, 1976) Communication from Local Agency Formation Commission. (File Refer to Planning Commission for Report. 149) California State Library Proposal. (File 9-3-61 x 9-2-3) Selection of Yacht Harbor Consultants. (File 12-11 x 9-2-17) Planning Loan Agreement for Proposed San Rafael Marina Project. (12-11 x 4-10-81 x 4-16-5) Refer to Library Board of Trustees for report. Refer to Canal Committee for recommenda- tion. RESOLUTION NO. 5011 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for proposed San Rafael Marina Project with Department of Navigation and Ocean Development) RESOLUTION NO. 5012 - A RESOLUTION AUTHO, RIZING THE SIGNING OF A LEASE OR AGREEMENT (with Redevelopment Agency for repayment) Acquisition of Land - East San Rafael Drainage Assessment RESOLUTION NO. 5013 - A RESOLUTION District No. 2. (File 6-29) AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Fairview Lands --Right of way contract and Escrow instructions, Parcel No. 8) RESOLUTION NO. 5014 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed dated July 30, 1975, Fairview Lands, Parcel No. 8) 252 Item - Cont'd Recommended Action Acquisition of Land - East San Rafael Drainage Assess- RESOLUTION NO. 5015 - A RESOLUTION AUTHORIZING ment District No. 2. (File 6-29) THE SIGNING OF A LEASE OR AGREEMENT (with Shamrock Materials, Inc. --Right of way con- tract and Escrow instructions, Parcel No. 17) RESOLUTION NO. 5016 - RESOLUTION ACCEPTINGII' CONVEYANCE OF REAL PROPERTY (Grant Deed dated July 29, 1975, Lee R. and Eva J. Ceccotti and Shamrock Materials, Parcel No. 17) Terra Linda Subdivision -Unit 27 -- Construction of Im- RESOLUTION NO. 5017 - RESOLUTION REMOVING provements. (File 5-1- 223 ONE (1) FOOT NON -ACCESS STRIP FROM THE WESTERLY TERMINUS OF TERRA LINDA DRIVE AS SHOWN ON THE RECORD SUBDIVISION MAP OF "TERRA LINDA UNIT 20" ** This Resolution deleted when minutes approved on RESOLUTION NO. 5018 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed dated August 5, 1975 from Guisela Luster for cul-de-sac right of way at the westerly end of Terra Linda Drive) ** (-RESOLUTION NO. 5019 - RESOLUTION ACCEPTS -NG) ( GRANT OF SEWER EASEMENT (executed by ( Guisela Luster -- 20' drainage easement ) ( over lots 1, 2 and 4 in Terra Linda Unit ( 27) ) 9/8/75. RESOLUTION NO. 5020 - A RESOLUTION AUTHORIZ- ING THE SIGNING OF A LEASE OR AGREEMENT(witF Guisela Luster, Subdivider, for Subdivision Improvements in Terra Linda Unit 27) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FROM COUNTY OF MARIN REGARDING MEADOWBROOK PROPERTY (FILE 13-14-2 City Manager Bielser explained the staff recommendation that this request be referred to the Planning Commission for determination as to whether it is in the City's sphere of influence for open space pur- chases. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to approve the staff recommendation to refer this item to the Planning Commission for a report. RE: APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL - TWO -LOT SUBDIVISION s75-3 PT. SAN PEDRO ROAD - CHARLES OLSON, OWNER: PHIL ARNONE, REPRESENTATIVE File 10-8 x 5-1-224) Mayor Bettini opened the public hearing on the appeal. Planning Director Hotchner presented the planning staff report, Planning Commission minutes of July 22, 1975, wherein the Commission approved the subdiv ision by a vote of 6-0 subject to two conditions; and recommended acceptance of the appellant's proposal subject to modification as listed in Items 1 and 2 of the staff report and an additional condition to allow the appellant to assign all rights and'', obligations of the Annexation Agreement if the property is sold. The Council had also received copies of the letter of appeal, the agreement proposed by appellant as well as the revised agreement presented by the staff, and letters dated August 7 and August 5, 1975 from Weld, Freeland and Chalmers, Attorneys for the appellant. In the ensuing Council discussion, the last sentence of paragraph 4, page 1 of the Agreement for An- nexation was deleted. The Council also agreed to the provisions for assignment as proposed. Mr. Charles Olson, appellant, advised that there is a pending sale and requested Council approval required to allow the sale. He had no objection to the revision of the Agreement as stated above. Motion by Councilman Jensen, second by Councilman Miskimen, that the Mayor and City Clerk be authorized to sign the Agreement for Annexation of Property and Approval of Subdivision Map, amended to include the provision that the document is assignable and the deletion of the last sentence of paragraph 4, page 1. RESOLUTION NO. 5021 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Charles Olson (s75-3) Two -Lot Subdivision, Pt. San Pedro Road) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 253 RE: REPORT ON BIDS - THIRD STREET IMPROVEMENTS - PROJECT NO. 75.199.39 (FILE 4-1-236) Public Works Director Caillouette presented a report on the 10:00 a.m. bid opening and recommended award to the low bidder, W. R. Forde Construction Co., Inc. in the amount of $7,167.50 Mr. Caillouette explained that the bid opening for Mission Street improvements originally schedulded with the Third Street Improvements is being held over, and the staff will meet with the property owners in the area before bids are solicited. RESOLUTION NO. 5022 - RESOLUTION OF AWARD OF CONTRACT (Third Street Improvements, Project No. 75.199.39 - to W. R. Forde Construction Co., Inc. in the amount of $7,167.50) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CORRESPONDENCE FROM CHAMBER OF COMMERCE REGARDING SIGN ORDINANCE - FILE 119 x 125 City Manager Bielser referred to the letter from Mr. McNutt, president of the Chamber of Commerce, proposing proposing a moratorium on the enforcement of the sign ordinance and continuation of dis- cussions. The Council discussed with the City Attorney the status of the Chamber of Commerce lawsuit and whether the Chamber is entitled to discovery before the demurrer is settled. City Attorney Connick will pre- pare a memorandum for the Council on this matter prior to further discovery proceedings taking place. Mr. Jock McNutt, representing the Chamber of Commerce, supplemented his written request, stating that he felt the moratorium should include the entire City of San Rafael and the purpose of his letter was to stop the present situation from growing worse. Following a discussion period, and advice from the Planning Director that the current moratorium on the construction of projecting and'freTstanding signs in the downtown are.will expire on Nobember 18, 1975 unless Council wishes to direct the Planning Commission to institute the necessary action to extend the moratorium period, the Council took the following action. Councilman Mulryan moved that the Planning Commission be directed to take the necessary action to ex- tend the moratorium. The motion was seconded by Councilman Nixon and carried unanimously. The Council agreed to take no action on the Chamber of Commerce request until a report is received from the Consultants on redevelopment. RE: REQUEST FOR TEMPORARY ACCESS OVER CITY PROPERTY - FILE 12-5 (Motion by Councilman Nixon, second by Councilman Miskimen, to approve the request of Mr. and Mrs. H. G. Wood for temporary access over a portion of the Boyd Park Reserve during the construction of a swimming pool at 41 Chula Vista, subject to the five conditions in Public Works Director Caillouette's letter of August 25, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON PROPERTY TAX RATE, FISCAL YEAR 1975-76 - FILE 9-12-1 The Council received a report from City Manager Bielser. RESOLUTION NO. 5023 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1975-76 (1.00 for the City of San Rafael) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5024 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1975-76 ($ .96 for the Terra Linda Annexation area, formerly known as Terra Linda Community Services District) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None There was discussion regarding the staff recommendation that parking meter violations be adjusted from $2,00 to $3.00 to cover the cost in issuing and processing meter violations. RESOLUTION NO. 5025 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL OF ITS INTENTION TO PASS AN ORDINANCE SETTING NEW BAIL SCHEDULES FOR CERTAIN VEHICLE AND MUNICIPAL CODE ORDINANCE VIOLATIONS (FILE 9-10-2) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 254 The Council also received a draft of a utility users tax ordinance, prepared at Council request. Con- sideration of this draft was continued till the mid -year budget review. (File 9-12) RE: TELE-VUE SYSTEMS CATV SERVICES AND RATES - FILE 9-7-4 x 9-2-21 x 102 Councilman Miskimen was excused because of conflict of interest. Assistant to the City Manager Meador presented the staff report and Mr. Ronald Coelyn, Chairman of the Citizens Advisory Committee on Cable Television, summarized the benefits the Committee sees from Level VI services. Mr. Coelyn recommended, on behalf of the Committee, that the Council adopt the ordinance modernizing the original franchise ordinance and adopt the resolution setting performance standards for the completion of Level VI services. Mr. Carl Pilnick, Consultant, addressed the Council regarding current Federal Communications Commis- sion rules, the Level VI services proposed and the rate structure. Mr. John Goddard, President of Tele-Vue Systems, represented the franchisee and expressed agreement with the Citizens Advisory Committee recommendations. Mr. Walter Jorgenson, representing the Santa Margarita Homeowners Association, and Ann Batman spoke in support of the Tele-Vue proposal. Mrs. Batman suggested that consideration be given to periodic administrative review of the service and survey of public reaction to the programming. An ordinance of the City Council of the City of San Rafael amending Title 10 of the Municipal Code by amending, substituting, modifying, deleting, adding or repealing various sections, and numbering Charter Ordinance No. 1192, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 5026 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL EXPRESSING ITS ENDORSEMENT OF LEVEL VI RATES AND SERVICES, ESTABLISHING CERTAIN PERFORMANCE STANDARDS, AND DECLARING ITS INTENT TO RENEW ITS FRANCHISE AWARD TO TELE-VUE SYSTEMS, INC. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen Councilman Miskimen returned to the Council Chambers. RESOLUTION NO. 5027 - RESOLUTION OF APPRECIATION TO CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: STORM DRAINAGE IMPROVEMENTS - DOMINICAN DRIVE - FILE 3-1-149 This matter was continued, and will be taken up in an Executive Session immediately following this meeting, since it relates to a claim filed by Gerald H. Craner and may involve legal action. RE: RIGHT-OF-WAY SERVICES - OPEN SPACE - FILE 13-14-1 '�- RESOLUTION NO. 5028 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the County of Marin for open space acquisition services) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR COUNCIL AUTHORIZATION TO REQUEST BIDS FOR VARIOUS HEAVY EQUIPMENT PURCHASES - FILE 9-3-40 Assistant to the City Manager Meador referred to the memorandum recommending replacement of heavy equipment; i.e., a Tree Trimming Rig, Compressor and Dump Truck. The Council discussed the need for replacing these items and voiced some opposition to leasing as an alternative. Motion by Councilman Mulryan, second by Councilman Nixon and Unanimously carried, to authorize the staff to solicit bids on these pieces of equipment and, if leasing is worth considering, come back to Council for consideration. RE: REPORT ON FIRE COMMISSION VACANCIES - FILE 9-2-5 The Council received a report from City Manager Bielser that three applications have been received. Discussion included the possible reduction of the Commission to three members. A motion by Councilman Jensen to appoint Clifford P. Elbing and Jim Kean to the Fire Commission died for lack of a second. 255 This item was then continued for two weeks, at which time the Council will consider reducing the size of the Commission. RE: REQUEST OF CITY OF NOVATO REGARDING HAMILTON FIELD - FILE 12-12 City Manager Bielser referred to the letter from the City of Novato requesting support of Novato's position that its desires regarding future use of Hamilton Air Base not be superseded by the County of Marin. Mayor Bettini pointed out that it has been City policy to not get involved in jurisdiction matters. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to take no ac- tion on the request. RE: DISCUSSION OF FORMATION OF MARINE AUXILIARY - FILE 9-3-31 x 9-3-30 Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, that this item be referred to the Canal Committee and City staff for a report to Council. RE: NON -AGENDA ITEM - RESOLUTION AMENDING FIREMEN'S SALARY RESOLUTION - FILE 7-3 x 7-8-2 RESOLUTION NO. 5029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4501 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR FIRE DEPARTMENT PERSONNEL AND REPEALING RESOLUTIONS NOS. 4980 AND 4986. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH THE SAN RAFAEL POLICE ASSOCIA- TION - FILE 7-3 x 7-8-3 RESOLUTION NO. 5030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4994 FIXING THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini - NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - USE OF PROPERTY - 806 FOURTH STREET - FILE 9-3-32 The Council received a report from City Manager Bielser regarding illegal use of the property at 806 Fourth Street and enforcement action by City staff. RE: NON -AGENDA ITEM - CONSIDERATION OF VOTING STRUCTURE - MARIN COUNCIL OF MAYORS AND COUNCILMEN - FILE 113 Councilman Miskimen advised that this would be an agenda item at the next meeting of the Marin Council of Mayors and Councilmen. The matter will be scheduled for consideration by the City Council on September 8, 1975. RE: RESCHEDULING OF REGULAR CITY COUNCIL MEETINGS - FILE 9-1 Councilman Jensen referred to the regular meetings that have recently been rescheduled by the Council and noted that this necessitates the City Clerk's appearing, adjourning the meeting for lack of a quorum and posting a notice to that effect. The Council convened in Executive Session to discuss possible litigation in connection with a claim, continued from earlier in this meeting. The Council adjourned in memory of Abraham Blumenfeld. �-2�� 1_2�'_ MARION A. GRADY, City Clerk APPROVED THIS AY OF 1975. e 7 � aul MAYOR OF THE CITY 07 -SAN RAFAEL 256 In the Council Chambers of the City of San Rafael, Monday, September 8, 1975, at 8:00 Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman (8: Absent: Lawrence E. Mulryan, Councilmz Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Attorney. RE: CONSENT CALENDAR The Minutes of the Adjourned Regular Meeting of August 25, 1975 were corrected by delE item relating to Terra Linda Subdivision -Unit 27 on page 2, the following: "RESOLUTION NO. 5019 - Resolution Accepting Grant of Sewer Easement (executed by Gui 20 drainage easement over lots 1, 2 and 4 in Terra Linda Unit 27)." Motion by Councilman Jensen, second by Councilman Miskimen, to approve the recommendec following Consent Calendar items: Item Recommended Action Approval of Minutes of Special Meetings of August 20 Approve as submitted to each and August 25, 1975, and the Adjourned Regular Meeting (with the above correction). of August 25, 1975. Claim for Damages - Rory P. and Allison W. Cameron, Claimants (File 3-1-181). Claim forDamages - Theresa M. Metzger, Claimant (File 3-1-182). Joint Meeting with Library Board of Trustees. (File 9-1-1 x 9-2-3) Report from Planning Commission Regarding LAFCo $Fire �15Qmmendation for Expansion of its functions. Appeal of 11 Planning Commission Denial of 71 lot Subdivision, Ts75-2 (Lands of Felton) File 10-8. AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon Deny. Deny and refer to Insurance Ca Set date of October 13, 1975 e joint meeting. Adopt Planning Commission recommendation. Set date of October 6, 1975 at 8:00 p.m. for public hearing. RE: RESOLUTIONS REGARDING TAX DEDUCTION - PARTICIPATION IN CONFERENCES AND CIVIC MEETINGS - FILE 7-4 This item was removed from the Consent Calendar at the request of Councilman Jensen. City Manager Bielser explained that the recommended resolutions would make such expenses incurred by City Officials and employees tax deductible under IRS rules. RESOLUTION NO. 5031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL URGING SPOUSES OF CITY OFFICIALS AND EMPLOYEES TO ATTEND AND PARTICIPATE IN CONFERENCES AND CIVIC MEETINGS. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 5032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL URGING CITY DEPART- MENT HEADS TO PARTICIPATE IN CIVIC ORGANIZATIONS. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mulryan RE: PUBLIC HEARING: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, SEGREGATION OF ASSESSMENT NO. 28 - FILE 6-29 Mayor Bettini opened the public hearing and excused himself because of possible conflict of interest. Councilman Miskimen presided. Councilman Nixon advised that he now has no conflicting interest in the District. RESOLUTION NO. 5033 - RESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENT NO. 28, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Nixon and Acting Mayor Miskimen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini 257 RE: PUBLIC HEARING: REZONING Z75-6 MARIN COVENANT CHURCHfOFFICE COMPLEX, NORTH REDWOOD ROAD, FROM "U" UNCLASSIFIED DISTRICT TO PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONAL DISTRICT, AND ACCEPTANCE OF ENVIRONMENTAL IMPACT REPORT. JORDAN SMITH, EDWARD SMITH, AND CARLO GONZALEZ, OWNERS; EDMOND KAGI, REPRESENTATIVE - FILE 10-3 Mayor Bettini opened the public hearing, which was then continued to September 22, 1975, at the re- quest of Councilman Mulryan who was unable to attend this meeting. The Reverend Gary Copeland of Marin Covenant Church and Mr. Gil Deane of the Sierra Club spoke regarding notification to all interested parties when an item is to be continued. RE: DISCUSSION OF PARTICIPATION IN MAYORS AND CITY COUNCILMEN'S GROUP - FILE 113 The Council discussed the matter of whether to pursue proportional representation at the Mayors and Councilmen's meetings. No policy decision was established. RE: PLANNING COMMISSION RECOMMENDATION ON PROPOSED SALE OF PORTION OF LAUREL DELL SCHOOL - FILE 10-2 Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to adopt Planning Commission recommendation as outlined in the City staff report dated August 25, 1975. RE: PLANNING COMMISSION RECOMMENDATION REGARDING MEADOWBROOK PROPERTY - FILE 13-14-1 The Council received the Planning Commission recommendation that it would be inappropriate for the City to use the open space bond funds for land which is not within the City limits or the San Rafael General Plan sphere of influence; however, acquisition by other jurisdictions of such land for open space purposes would be consistent with adjoining land uses within the'sphere of influence. City Manager Bielser reported on the status of open space acquisition. Mr. Pierre Joske, Marin County Parks and Recreation Director, said that the property is not in the City's sphere of influence; however, 40 percent is in the view -shed of the City of San Rafael. He asked that the Council favorably consider the request to participate in the purchase of this property for open space use. Discussion revealed that the Council is in agreement with the Planning Commission recommendation and felt that the property should be acquired by the Open Space District. City representation was authorized at the meeting of the District when this matter is considered. RE: FIRE COMMISSION APPOINTMENTS - FILE 9-2-5 After consideration of the reduction of the Fire Commission to three members, the Council accepted the Fire Commission recommendation that the work load warrants continuing with the five -member Commission. Motion by Councilman Jensen, second by Councilman Miskimen and carried by unanimous vote of the four members present, to appoint Clifford Elbing and Jim Kean to the Fire Commission to fill the vacancies created by the resignations of Mr. Crane and Mr. Lund, for terms to expire March, 1977. RE: FINAL ADOPTION - ORDINANCE NO. 1192, REVISING THE EXISTING CABLE TELEVISION ORDINANCE - FILE 9-7-4 CHARTER ORDINANCE NO. 1192 - An ordinance of the City Council of the City of San Rafael amending Title 10 of the Municipal Code by amending, substituting, modifying, deleting, adding or repealing various sections, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan ABSTAIN: COUNCILMEN: Miskimen (due to possible conflict of interest) Councilman Jensen explained that although he was opposed to the ordinance he voted affirmatively, in the absence of Councilman Mulryan, in order not to delay adoption of the ordinance. i RE: REPORT ON BID OPENING - IRWIN STREET SLIDE REPAIR, PROJECT NO. 75.199.34 - FILE 4-1-237 Motion by Councilman Jensen, second by Councilman Miskimen, to accept the staff recommendation and award the contract to Maggiora & Ghilotti, Inc. at the low bid of $16,692. RESOLUTION NO. 5034 - RESOLUTION OF AWARD OF CONTRACT (IRWIN STREET SLIDE REPAIR, to Maggiora & Ghilotti, Inc.) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: RECOMMENDATION REGARDING TOWING FEES - FILE 9-3-30 x 9-10-2 Motion by Councilman Jensen, second by Councilman Nixon, to accept the staff recommendation increasing towing fees. RESOLUTION NO. 5035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES PURSUANT TO TOW CAR BUSINESS AND OPERATORS ORDINANCE AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan 258 RE: PROGRESS REPORT ON GENERAL PLAN IMPLEMENTATION - FILE 115 The Council accepted the staff report on the General Plan implementation schedule as submitted. RE: REPORT ON PROPOSED COUNTY FIRE STATION - FILE 13-5 City Manager Bielser referred to the proposal of the County of Marin to locate a fire station on the west side of Lincoln Avenue within the San Rafael City limits. Residents in the area have been noti- fied by mail of the proposal. The Council has received reports from the City Manager, Public Works Director, Planning Commission, Fire Commission and Fire Chief. Mr. Mario Balestrieri, Marin County Chief Deputy Public Works Director, advised that the County has reached an agreement with the State for leasing the land and is asking City approval of the location. Mr. Dan Dufficy, Fire Commission Chairman, said that Commission approval was influenced by the belief that the City has no authority over location of the station. The Commission recommended conformity with the Planning Commission Environmental and Design Review standards. Mrs. Kathleen Schneider, 324 Coleman Drive, Mr. Philip Wondra, 327 Coleman Drive, and Mr. Ray Flynn, 312 Coleman Drive, opposed the location because of the traffic flow and noise pollution. They said ' the fire trucks would be a safety hazard. Following discussion regarding the proposed and alternate locations and fire protection in the City and unincorporated County areas, this matter was referred to staff for review and negotiation with the County. RE: COMMUNICATION WITH THE CITY OF LARKSPUR REGARDING AB 2416 - FILE 116 Mayor Bettini excused himself because of a conflict, as he is a member of the Golden Gate Bridge District Board of Directors. Councilman Miskimen presided. RESOLUTION NO. 5036 - RESOLUTION OF THE CITY OF SAN RAFAEL ENDORSING ASSEMBLY BILL NO. 2416 FOR EXPANSION OF MARIN COUNTY'S MEMBERSHIP ON THE GOLDEN GATE BRIDGE AND HIGHWAY DISTRICT'S BOARD OF DIRECTORS AYES: COUNCILMEN: Jensen, Miskimen and Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: NAPIER'S OFFER OF SCENIC RESTRICTION - FILE 13-14-1 The offer of Charles and Sonja Napier of a 3-1/2 acre parcel for open space was referred to the Planning Commission for determination of consistency with the General Plan, on motion by Councilman Jensen, second by Councilman Miskimen and affirmative vote of the four members present. RE: DISCUSSION OF STATE REVENUE SHARING - FILE 9-11-1 The Council discussed the proposal by the League of California Cities for state revenue sharing with cities, the proposal to be financed by a 10% surtax on State income and bank and corporation taxes. No action was taken. RE: ORDINANCE REGARDING SOLICITING THE PURCHASE OF ALCOHOLIC BEVERAGES - FILE 9-3-30 An ordinance of the City Council of the City of San Rafael amending Chapter 8.12, Miscellaneous Public Offenses, by adding thereto a new section 8.12.230 - Soliciting the Purchase of Alcoholic Beverages, and numbering Charter Ordinance No. 1193, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: NON -AGENDA ITEM - APPROVAL OF CONFERENCE ATTENDANCE - FILE 9-3-30 Motion by Councilman Jensen, second by Councilman Miskimen, to authorize Chief Kelly to attend the Conference of the International Association of Chiefs of Police in Denver, Colorado. RE: NON -AGENDA ITEM - REQUEST OF MR. BRECKUS RELATIVE TO CHAMBER OF COMMERCE ACTION - FILE 119 x 125 The Council granted the request of Mr. Breckus, relayed by City Attorney Connick, to view slides per- taining to signs, which are in the possession of the Planning Department. Mr. Connick advised that he felt there was no question that this was contemplated in the original discovery action. The Council adjourned to Monday, September 15, 1975, for a joint meeting with the Parks and Recreation Commission. J/ MARION A. GRADY, City C, rk APPROVED THIS w DAY OF ' pr] 1975. 601�(e4ew MAYOR OF THE CITY OF SAN RAFAEL PA In Room 301 of the City Hall, City of San Rafael, Monday, September 15, 1975, at 8:00 P.M. I Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: Parks and Recreation Commission Members: John A. Govi, Chairman, and Commissioners Del Davis, Lou Anna Goodale, William A. Love and Norma Wall. William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney; and Andrew J. Snyder, Recreation Director. FTI -2-4 Mayor Bettini opened the meeting of the City Council, held jointly with the Parks and Recreation Com- mission. Commission Chairman Govi introduced Commissioner Del Davis, who reviewed the suggested agenda and the purpose of the Commission in requesting the meeting. The Commission asked for procedural quidelines relating to its scope of authority. Discussion in- dicated that the Council interpreted the Commission's function as representing community opinion in an advisory capacity; Commission recommendations shall be coordinated with the City Manager's office for expeditious handling; and direct staff assistance to the Commission shall be at the discretion of the City Manager. The Commission requested that the Council direct the staff to assess the results of the separation of the parks and recreation functions. The Council suggested that the Commission recommend an appropriate procedural manual for Council con- sideration. MARION A. GRADY, City Clerk APPROVED THIS 22nd DAY OF September , 1975. MAYOR OF THE CI OF SAN RAFAEL In Room 201 of the City Hall, City of San Rafael, Monday, September 15, 1975, following the 8:00 P.M. Joint Meeting with the Parks and Recreation Commission. 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 immediately following the joint meeting with the Parks and Recreation Commission, and discussed property acquisition. No action was taken. J2 e� . , �. , C_ MARION A. GRADY, City Clerk APPROVED THIS 6th DAY OF October , 1975. &�ew;4;7 MAYOR OF THE CI17 OF SAN RAFAEL 260 In the Council Chambers of the City of San Rafael, Monday, September 22, 1975, at 8:00 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick. RE: CONSENT CALENDAR On motion by Councilman Jensen, second by Councilman Nixon, the recommended action on the following Consent Calendar items was unanimously approved: Item Approval of Minutes of the Adjourned Regular Meetings of September 8, 1975 and September 15, 1975. Claim for Damages, Frank 0. O'Callaghan, Claimant - File 3-1-184 Grant of Easement to P.G. & E. for Electric Service Line to the Albert Park Community Recreation Center. File 2-14 Recommended Action Approve as submitted to each Council member. Deny and refer to Insurance Carrier. RESOLUTION NO. 5037 - A Resolution of the City Council of the City of San Rafael Authorizing the Signing of a Grant of Ease- ment to Pacific Gas and Electric Company for certain underground electric facilities to the Albert Park Community Recreation Center. Setting of Public Hearing in Respect to Housing Community Set hearing date for October 6, 1975, at Development Act. File 9-11 x 147 8:00 p.m. Adoption of the San Rafael Emergency Plan and Portions of the County of Marin and Marin Operational Area Emergency Plan. File 13-11 Request of LAFCO for Approval of Freitas Property Transfer File 149 x 5-7-4 Agreement for Use of Veterans' Memorial Building for U.S. Armed Forces Bicentennial Band - File 104 x 4-13-42 RESOLUTION NO. 5038 - A Resolution of the City Council of the City of San Rafael Adopting the City of San Rafael Emergency Plan and Portions of the County of Marin and Marin Operational Area Emergency Plan (COMMA EP) Refer to Planning Commission for recom- mendation. RESOLUTION NO. 5040 - A Resolution Authoriz- ing the Signing of a Lease or Agreement (with County of Marin - Veterans' memorial building and grounds) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON DISCUSSIONS WITH SAN RAFAEL GOLDENAIRES - FILE 123 This item was removed from the consent calendar by Councilman Mulryan for discussion regarding the amount of space to be used by the San Rafael Goldenaires at the Albert Park Community Recreation Center. Continued use by non-residents of the City was also discussed. City Manager Bielser advised that the Council will be kept informed as to the status of this matter. ANCE OF ENVIRUNMENT IMPACT KEPUKI - JURUAN SMITH, EUWAKU SMlIH, ANU CAKLUJ bUNLALEL, UWNLKS: EDMOND KAGI, REPRESENTATIVE - FILE 10-3 Councilman Nixon left the Council Chambers, due to a conflict on this item. Mayor Bettini opened the public hearing and briefly reviewed the background. Since the matter has been the subject of previous public hearings, he asked that speakers not be repetitious. Planning Director Hotchner presented the staff report on this item, before the Council for review to determine if the Covenant Church project is worthy of approval when considered with the larger Smith Ranch project. Council had received copies of all written staff reports and Planning Commission minutes, and the required Notice of the public hearing had been published. He also stated the Plann- ing Commission recommendations to recertify the Environmental Impact Report; conditionally approve Z75 -6(b), subject to conditions "a" through "h;" and conditionally approve UP75-35, subject to con- ditions "a" through "y." He advised that no substantial excavation is contemplated on the remaining Smith Ranch site. Gary Copeland, Pastor, represented the applicant in asking Council approval as recommended by the Planning Commission. He referred to the significant financial outlay that would be forfeited should the application be denied. He asked for a show of hands from the many members of the congregation who were present in support of the project. 261 Additional San Rafael residents speaking in favor of the project were Lane Fye, Carney Campion, and ff Hollis Hardin. Dick Fox was also in favor of approval subject to amendment of the proposed develop- I mentl plan. John Wolf, representing the Marin group of the Sierra Club, contended that the basis for previous r-- rejection by the Council, the massive grading, has not changed. He also questioned the legality of the procedure followed in this application. City Attorney Connick stated his legal opinion that the procedure followed by the Planning Department and Planning Commission is correct. Other persons opposing the project were Tina Ferris and Marge Russom, speaking on behalf of the Mont Marin Homeowners Association, D. McDonald, Gilbert Dean and Evelyn Dean. Mayor Bettini closed the public hearing. Upon recommendation of City Attorney Connick that the Council decision be supported with findings, the motion to approve was based on the conclusion that the amount of grading and the density for the Smith Ranch project is now available and, when combined with the balance of the property, the Marin Covenant Church project is satisfactory. Motion by Councilman Miskimen, second by Councilman Jensen, that the City Council recertify the En- vironmental Impact Report. AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None'. ABSENT: COUNCILMEN: Nixon Motion by Councilman Jensen, second by Councilman Miskimen, to approve Use Permit (UP75-35) subject to conditions "a" through "y.11 AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: Nixon An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real property from "U" (Unclassified) District to PUD -AP (Planned Unit Development - Administrative Pro- fessional) District, and numbering Charter Ordinance No. 1194, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: Nixon RE: APPEAL OF PLANNING COMMISSION DECISION (UP75-53) LANDSCAPE CONTRACTOR'S OFFICE 969 FRANCISCO BOULEVARD. GEROGE STEINERT, OWNER, MICHAEL GOLDMAN, REPRESENTATIVE - FILE 10-5 Mayor Bettini opened the public hearing. He was excused due to a possible conflict and Councilman Mulryan presided. Planning Director Hotchner gave a staff report on the appeal by Michael Goldman of the Planning Com- mission determination athat the "Ecology Flag" is a non-exempt sign. Council had received copies of a written staff report, Planning Commission minutes, and letters from different organizations relat- ing to the "Ecology Flag." Mr. Carl Shapiro, Attorney for the appellant, contended that the flag is the official symbol of the ecology movement and therefore exempt from the requirements of the sign ordinance. Mr. Michael Goldman, appellant, advised that he is a member of the San Francisco Ecology Center, the "Ecology Flag" is the flag of that organization, he believes it is exempt from the sign ordinance and asked favorable consideration of his appeal. Mr. Al Boro, Vice -Chairman of the Planning Commission, distributed copies of the notice of opening of Mr. Goldman's office which contained the words "Under the Ecology Flag in San Rafael," which would in- dicate the flag is being used for advertising purposes and is a non-exempt sign. Mr. Goldman advised that this wording does not appear on his stationery and will not be used in the future. Acting Mayor Mulryan closed the public hearing. The Council concurred that the flag as used in this case is not of a civic character and therefore subject to the sign ordinance. Motion by Councilman Nixon, second by Councilman Miskimen, that the Planning Commission decision be upheld. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: EXTENSION OF SIGN MORATORIUM - FILE 125 Mayor Bettini opened the public hearing. 262 Planning Director Hotchner gave a report on the extension, recommended by the Planning Commission on September 16, 1975. The Council had received copies of the staff report and the required publication of the notice of public hearing had been accomplished. Mayor Bettini closed the public hearing. Motion by Councilman Nixon, second by Councilman Jensen, that the sign moratorium be extended for a 12 -month period. An ordinance of the City of San Rafael extending Urgency Ordinance No. 1172 and Ordinance No. 1179, prohibiting freestanding and overhanging signs in the area encompassed by the Redevelopment area, and numbering Charter Ordinance No. 1195, was read, introduced and ordered passed to print 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 OF ORDINANCE NO. 1193, SOLICITING THE PURCHASE OF ALCOHOLIC BEVERAGES -FILE 9-3-3b An ordinance of the City Council of the City of San Rafael amending Chapter 8.12, Miscellaneous Public Offenses, by adding thereto a new section 8.12.030 - Soliciting the Purchase of Alcoholic Beverages, and numbering Charter Ordinance No. 1193, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RECOMMENDATION OF PLANNING COMMISSION REGARDING NAPIER'S OFFER OF SCENIC RESTRICTION - FILE 13-14-1 x 4-10-82 Planning Director Hotchner reported that the Planning Commission on September 16, 1975, unanimously recommended that acceptance of this area for open space preservation would be consistent with the San Rafael General Plan. RESOLUTION NO. 5041 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH CHARLES NAPIER AND SONJA NAPIER (for Scenic Restriction) 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 extend a vote of appreciation to Charles and Sonia Napier. The City Manager was directed to notify Mr. and Mrs. Napier of the Council action. RE: APPLICATION FOR LICENSE TO OPERATE VEHICLES CARRYING PASSENGERS FOR HIRE - JAMES S. SAVOY, APPLI- CANT - FILE 9-9 Discussion revealed that Council requires additional information from the Transportation Consultant re- garding the impact of a new transit service in San Rafael. The item was continued for two weeks and staff was instructed to ask Mr. Drachman to be present at that meeting. RE: PLANNING COMMISSION RECOMMENDATION ON PROPOSED SALE OF "E" STREET SCHOOL ADMINISTRATIVE OFFICES - FILE 2-7.1 Council received the Planning Commission recommendation that any use of the site consistent with the Redevelopment Plan, when adopted, would be consistent with the General Plan, and the Citizens Advisory Committee recommendation that the use of the "E" Street School for an interim Police Station is con- sistent with the Redevelopment plan. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to approve the IPlanning Commission recommendation. RE: SAFE AND SANE FIREWORKS PRESENTATION - FILE 9-3-31 x 13-5 This item was continued indefinitely at the request of Mr. Al Bianchi, Attorney for Red Devil Fireworks Company. RE: COMMUNICATION FROM MARIN COUNTY HOUSING AUTHORITY - FILE 147 Mr. Paul Nixon, Executive Director of the Housing Authority, explained the new Section 8 Housing Assistance Payments Program and asked Council approval, by resolution, of that Program. Following discussion, the item was referred to the City and Redevelopment Agency staff for report to the Council in two weeks. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - REQUEST FROM PROJECT ENGINEER TO AMEND AGREE- MENT - FILE 6-29 Mayor Bettini and Councilman Nixon were excused. Councilman Mulryan presided. 263 Public Works Director Caillouette gave a staff report regarding the request from Gonzalez & Oberkampe} for amendment of their contract to include design costs for the levee. He advised that three phone calls have been received, in response to the Notice to Property Owners mailed on September 18, 1975, protesting or asking for a continuance. Mr. Carlos Gonzalez asked that the Council favorably consider his request at this meeting and that the item not be continued. Mr. Fred Grange, represented several property owners in asking that the item be continued, because they had received such short notice of the meeting. The matter was continued to the next meeting on October 6, 1975. RE: OPTION AGREEMENT FOR ST. ISABELLA'S PROPERTY - FILE 2-1-47 The Council received a staff report recommending approval of an extension of the option to purchase the St. Isabella's Property, for a period of one year, in consideration of the City's clearing the lot of weeds. RESOLUTION NO. 5042 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO (for option agreement, St. Isabella's Property) AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Mayor Bettini returned to the Council Chambers. RE: ACTIONS RELATIVE TO SAN RAFAEL MEADOWS ANNEXATION - FILE 5-2-67 A meeting was scheduled for October 16, 1975 at 8:00 p.m. at Hartzell School with the San Rafael Meadows Improvement Association, regarding the San Rafael Meadows Annexation. Motion by Mayor Bettini, second by Councilman Miskimen and carried by unanimous vote of the four Council members present, that the staff be authorized to request referral from the Board of Supervisors of the restaurant development proposal in the San Rafael Meadows area to the San Rafael Planning Com- mission for review. Councilman Nixon returned to the Council Chambers. RE: NON -AGENDA ITEM - REQUEST FOR ISSUANCE OF BUILDING PERMIT AT 801 - FOURTH STREET - FILE 9-3-32 x 9-2-7 Mr. James D. Rohde, Attorney, represented the owner of property at 801 Fourth Street in appealing the staff interpretation that the Uniform Building Code precludes the issuance of a building permit to rebuildt the exterior walls. He stated that there was approximately 23 percent damage to the build- ing in the recent fire. Dr. Gideon Sorokin, property owner, appealed to the Council to allow him to obtain a building permit and repair the building. He said that if he does not replace a portion of the roof before it rains, there will be additional damage. Chief Building Inspector Coates reported that the property is in Fire Zone 1 and, under the Uniform Building Code, repairs to non -conforming buildings must be in conformance with today's code require- ments which specify four-hour exterior walls. City Attorney Connick agreed with Mr. Coates interpretation and said that, since the property is in Fire Zone 1, compliance with Fire Zone 1 requirements is necessary. Fire Chief Marcucci stressed the value of four-hour exterior walls for fire resistance. He advised that the Fire Commission has deferred action regarding review of Fire Zones because they are currently being revised by the Fire Chiefs and the Building Trades; however, he will bring the matter to the Commission at its next meeting for review and report to the Council. Following a lengthy discussion, a motion by Councilman Jensen to permit repair of the building if it is legally possible to do so died for lack of a second. Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, that final approval of the rebuilding of the structure at 801 Fourth Street be placed on the next Council agenda, that in the interim Mr. Coates and the applicant work out a propsal for Council consideration and, if the roof can be reconstructed in compliance with the anticipated requirements, that it be approved prior to the meeting. APPROVED THIS 6th DAY OF October MARION A. GRADY, City Clerk 1975. MAYOR OF THE CITY r SAN RAFAEL 264 In the Council Chambers of the city of San Rafael, Monday, October 6, 1975, at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Acting Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman a Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Miskimen, to approve the recommended action on the following Consent Calendar items: Item Recommended Action Approval of Minutes of Special Meeting of September Approve as submitted to each Council member. 15, 1975 and Adjourned Regular Meeting of September 22, 1975. Recommendation of Cultural Affairs Commission Regard- Approve recommendation. ing Falkirk Anniversary Party and Chamber Consert Series. (File 9-2-24) Agreement with Marin Municipal Water District for RESOLUTION NO. 5043 - A Resolution Authorizing Fire Hydrant at the Albert Park Community Recrea- the Signing of a Letter of Agreement with the tion Center. (4-15-2) Marin Municipal Water District for Maintenance of a Fire Hydrant Installation at Albert Park Community Recreation Center. Terra Linda Unit 26 - Subdivision Approval. (File 5-1-225) Request for Cal -Trans to Program an Environmental Impact Statement for Route 101 from Greenbrae to Route 37 through Marin County. (File 11-16) Request from San Rafael Volunteer Fire Department. (File 104) Communication from San Rafael School District Re- garding Student Fares. (File 143) RESOLUTION NO. 5044 - Resolution Removing One (1) Foot Non -Access Strip from the northwesterly terminus of Butternut Drive as shown on the re -1 cord subdivision map of "Terra Linda Unit 24" and establishing a new one (1) foot Non -Access Strip along the southeasterly boundary of "Terra Linda Unit 26" adjacent to Manuel T. Freitas Parkway. RESOLUTION NO. 5045 - A Resolution of the City Council of the City of San Rafael Authorizing the Signing of an Agreement for Subdivision Improvements in Terra Linda Unit 26 (with Michael J. Smith and Carlos E. Gonzalez for Subdivision improvements). RESOLUTION NO. 5046 - Request for CalTrans to Program an Environmental Impact Study for High - Way 101 from Greenbrae to Route 37. Petition Board of Supervisors for Waiver of Use Fee for Civic Auditorium. Support District position on this matter. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: ECONOMIC ANALYSIS OF OPEN SPACE AND HOUSING ELEMENTS OF GENERAL PLAN - FILE 115 IMr. Michael Marston of Keyser Marston Associates presented an economic analysis of the Open Space and Housing Elements of the General Plan, copies of which had been distributed to the Council. Following the presentation, a motion by Councilman Miskimen to refer the report to the staff and the (Planning Commission for review and recommendation to the Council within sixty days was seconded by Councilman Jensen, and carried by unanimous vote of the four Council members present. RE: PUBLIC HEARING - GHIRARDO-HANF ANNEXATION - FILE 5-2-66 Acting Mayor Mulryan opened the public hearing for the hearing of protests. There were no protests, either written or verbal, and the public hearing was closed. RESOLUTION NO. 5047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE RELATIVE TO THE GHIRARDO-HANF ANNEXA- TION AYES: COUNCILMEN: Jensen, Miskimen, nixon and ActingMayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 265 An Ordinance of the City of San Rafael Approving the Annexation to the City of San Rafael of Certain Uninhabited Territory Designated as "Ghirardo-Hanf Annexation" and numbering Charter Ordinance No. 1196, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan y NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - PREZONING OF SAN RAFAEL MEADOWS AND ADJOINING AREAS - FILE 5-2-67 x 10-3 Acting Mayor Mulryan opened the public hearing. Copies of the Planning staff report containing the zoning comparison between the existing County and proposed City zoning and the ordinance amending the zoning map as recommended by the Planning Commis- sion had been furnished to Council, as well as a letter from John and Mabel Timmer, 111 Merrydale Road, asking that the zoning on their property remain the same as the existing County zoning. Notice of the public hearing had been published, posted and mailed to the property owners. Mr. John Chambers, 19 Merrydale Road, urged that prezong be consistent with the existing zoning. There were no other public comments. Acting Mayor Mulryan closed the public hearing. The Council discussed with the staff the "U" (Unclassified) zoning recommnded in the undeveloped por- tion and the possible widening of Merrydale Road. Staff will review the existing situation with the County Planning and Public Works Departments and report to Council prior to the meeting of October 16. Motion by Councilman Miskimen, second by Councilman Nixon, that the proposed ordinance be passed to print, with the understanding that, as a result of the October 16 meeting with the property owners, the Council may make changes when it is presented for final adoption on October 20, 1975. An ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Prezone the San Rafael Meadows and Adjoining Areas, and numbering Charter Ordinance No. 1197, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Muryan �- NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (TS75-2) 71 -LOT SUBDIVISION (LANDS OF FELTON) END OF CLORINDA AVENUE AND END OF SPRING GROVE AVENUE, PAUL FELTON, OWNER, RICHARD OLMSTED, REPRESENTATIVE - FILE 10-8 Acting Mayor Mulryan declared the public hearing open. Planning Director Hotchner presented a staff report on the appeal by Mr. Joseph Sheeks on behalf of the property owner. The Council had received copies of the letter of appeal, the staff report and Planning Commission's finding that the proposed subdivision map is inconsistent with the General Plan and denial of the subdivision. Notice of hearing had been mailed to adjoining property owners. Mr. Richard Olmsted, Architect representing Mr. Felton, reviewed the background of the project since purchase of the property in 1971, and asked favorable consideration of the appeal. Mr. Joe Sheeks, Attorney representing Mr. Felton, urged that the Council either approve the subdivi- sion overruling the Planning Commission decision, or consider the subdivision under the existing ordinance. Acting Mayor Mulryan asked the City Attorney's opinion, and Mr. Connick stated that, if there is a determination from the legislative body that a proposed project is not consistent with the General Plan, there is no alternative but to deny the project. - Planning Director Hotchner outlined the time limits for a subdivision application upon which action must be taken by a governmental body within 55 days of filing, unless there is mutual agreement. There was discussion pertaining to the requirement that ordinances be amended to conform to the General Plan within a reasonable time, possibly extending the time for action on the application, and the schedule for completion of General Plan implementation. Michael Flynn of the Gerstle Park Neighborhood Association, Harry Winters, 201 Spring Grove Avenue, Tina Ferris, and Leo Zaro, 8 Espalda Ct., addressed the Council. Concerns expressed were that the public should have an opportunity to comment prior to the granting of any approval on this property, and that action not be taken until ordinances consistent with the General Plan are adopted. Acting Mayor Mulryan closed the public hearing. Motion by Councilman Nixon, second by Councilman Miskimen and carried by unanimous vote of the four Council members present, to uphold the Planning Commission decision and deny the application without prejudice, with the understanding that the application can be refiled within six months without additional fees. RE: PUBLIC HEARING - HOUSING COMMUNITY DEVELOPMENT ACT - FILE 147x 4-13-38 Acting Mayor Mulryan opened the public hearing regarding renewal of funding under the federally funded Housing and Community Development Act. Assistant to the City Manager Meador supplemented the written staff report, recommending approval of the Cooperation Agreement and establishment of priorities in respect to funding. Acting Mayor Mulryan closed the public hearing. RESOLUTION NO. 5048 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Cooperation Agreement with County of Marin) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Motion by Councilman Miskimen, second by Councilman Jensen, to establish priorities for second year funding as recommended by the City staff: (1) Acquisition and development of the Purdy/Tiscornia property ($178,000), and (2) Restoration of Falkirk ($50,000). AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION OF ORDINANCE NO. 1194, REZONING MARIN COVENANT CHURCH PROPERTY - FILE 10-3 CHARTER ORDINANCE NO. 1194 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from "U" (Unclassified) district to PUD -AP (Planned Unit Development - Administrative Professional) district, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini ABSTAIN: COUNCILMEN: Nixon Acting Mayor Mulryan explained that rather than delay adoption of the ordinance in the absence of Mayor Bettini, he had voted affirmatively. RE: FINAL ADOPTION OF ORDINANCE NO. 1195, EXTENDING SIGN MORATORIUM IN THE REDEVELOPMENT AREA- FILE 125 CHARTER ORDINANCE NO. 1195 - An ordinance of the City of San Rafael extending urgency ordinance No. 1172 and ordinance No. 1179, prohibiting freestanding and overhanging signs in the area encompassed by the Redevelopment area, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: APPLICATION FOR LICENSE TO OPERATE VEHICLES CARRYING PASSENGERS FOR HIRE - JAMES S. SAVOY, APPLI- CANT - FILE 9-9 This item was continued to October 20, 1975 at the request of the transportation consultant. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - REQUEST FROM PROJECT ENGINEER TO AMEND AGREE- MENT - FILE 6-29 Councilman Nixon left the Council Chambers. Director of Public Works Caillouette reported that, although three letters were received from property owners, there were no protests to the amendment of the agreement. RESOLUTION NO. 5049 - RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO PROJECT ENGINEER'S AGREEMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Councilman Nixon returned to the Council Chambers. RE: CONSIDERATION OF BUILDING PERMIT AT 801 - FOURTH STREET (LINCOLN HOTEL) - FILE 9-3-32 x 9-2-7 Motion by Councilman Jensen, second by Councilman Miskimen and carried by the unanimous vote of the four Council members present, to grant the building permit required by the Municipal Code for the restoration of the Lincoln Hotel, subject to the ten conditions outlined in the staff report dated Octover 2, 1975. RE: PROGRESS REPORT ON PROPOSED ORDINANCE REGARDING POSTING OF GASOLINE PRICES - FILE 125 The Council received a staff report from Planning Director Hotchner and directed staff to prepare an ordinance requiring all dicating prices of all gasoline stations to have signs on the pumps, visible from the streets, grades of gasoline. in - RE: RESOLUTION AUTHORIZNG PURCHASE OF EIGHT POLICE PATROL VEHICLES FROM STATE OFFICE OF PROCUREMENT - FILE 9-3-30 RESOLUTION NO. 5050 - AUTHORIZIJG THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS (eight intermediate police patrol vehicles) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: RATIFICATION OF JOINT POWERS AGREEMENT IN CONJUNCTION WITH MARIN COUNTY FLOOD CONTROL DISTRICT FOR SAN RAFAEL MEADOWS AREA - FILE 5-2-67 x 4-13-43 The Council discussed the recommended Joint Powers Agreement, required as a condition of the Local Agency Formation Commission's approval of the San Rafael Meadows Annexation, with the City staff and Mr. Chuck Murphy from the Marin County Flood Control District. Mr. Murphy agreed to attend the meet- ing on October 16 with the San Rafael Meadows Homeowners Association, if his schedule permits. Motion by Councilman Nixon, second by Councilman Muskimen, to adopt the Resolution as submitted. RESOLUTION NO. 5051 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the Marin County Flood Control District) AYES: COUNCILMEN: Miksimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON MEETING WITH THE COUNTY OF MARIN REGARDING CSA NO. 19 - FILE 13-5 City Manager Bielser reported regarding staff negotiations with the County of Marin for exchange of first response fire protection services and the alternate couse of action, acceptable to the County, that the City provide service in exchange for the 71 cent tax rate in the District. The condition of the fire hydrants and water mains was discussed. It was also mentioned that further discussion with the Marinwood District might be appropriate. The City Manager was authorized to develop a detailed proposal and cost and revenue estimates for presentation at the next regular Council meeting. RE: RATIFICATION OF JOINT POWERS AGREEMENT - CSA NO. 23 - FILE 13-14-2 This item was continued to October 20, 1975. RE: EXECUTIVE SESSION The Council moved to Executive Session to discuss pending litigation. The Councl adjourned to 8:00 p.m., October 13, 1975 for a joint meeting with the Library Board. Adjournment was in memory of Judge Jordan L. Martinelli, former San Rafael City Attorney. MARION A. GRADY, City Clerk APPROVED THIS DAY OF 1975. MAYOR OF THE CITY OF SAN RAFAEL 268 In Room 301 of the City Hall, City of San Rafael, Monday, October 13, 1975, at 8:00 p.m. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman Also Present: Library Board of Trustees: Elizabeth H. Grasham, Chairman; and Members Alice Dalbey, Clarice T. Kraemer, James H. Mayer and Elizabeth B. Merriman; William J. Bielser, City Manager; and Vivian Smith, City Librarian. FILE 9-3-61 x 9-2-3 Mayor Bettini turned the meeting over to Mr. Mayer, who chaired the joint meeting of the City Council and the Library Board of Trustees. Mr. Mayer summarized the background and statistical information contained in the agenda material furnished to the Council, and stressed the need for a strong central library. He asked that the Council establish a policy in regard to library facilties and services. The Library Board and Council discussed the County library services; tax rate for library services in the unincorporated areas and in the City; parking requirements; cost of construction, financing and possible site for a new central library; and the inclusion of a Terra Linda branch in any bond issue for library facilities. The City Council approved the concept of placing a library bond issue on the ballot, subject to a feasibility study, and the potential closing of "E" Street between Fifth and Mission for additional parking. Mr. Mayer advised that additional funding will be requested in the 1976-77 budget for a full-time re- ference librarian and the new community room services. The Council approved $2500 for shelving and $3500 for carpeting, from the unappropriated reserve funds. Approval to apply for a grant from the National Endowment for the Humanities, to sponsor a program of lectures relating to The Humanist Approach to Redevelopment, was granted by the City Council. A request for the status of the elimination of restrictive convenants pertaining to the current library site was referred to the City Attorney. HELEN L. cDANIEL, Acting City Clerk APPROVED THIS DAY OF�1975 MAYOR OF THE CITY OF SAN RAFA L In the Council Chambers of the City of San Rafael, Monday, October 20, 1975, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John M. Miskimen, Councilman Jack G. Nixon, Councilman Lawrence E. Mulryan, Councilman Also Present: William J. Bielser, City Manager; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Miskimen, to approve the recommended action on the following Consent Calendar items: Item Recommended Action Approval of Minutes of Regular Meeting of October Approve as submitted to each Council member. 6, 1975 and Adjourned Regular Meeting of October 13, 1975. Claim for Damages - Leslie Donohue, Claimant - File Deny and refer to Insurance Carrier. 3-1-185. Claim for Damages - Melinda J. Barbee, Claimant - Deny and refer to Insurance Carrier. File No. 3-1-187. Claim for Damages - Michael Cannon as Guardian ad Deny and refer to Insurance Carrier. litem for Teresa Cannon, Claimant - File No. 3-1-188. Claim for Danages - Edward Stonecipher, Claimant - Deny and refer to Insurance Carrier. File No. 3-1-189. Approval of Program Supplement No. 1 (revised) to RESOLUTION NO. 5052 - A RESOLUTION OF THE CITY OF Local Agency -State Agreement, covering Federal -Aid SAN RAFAEL RESCINDING RESOLUTION NO. 4988 AND Urban Funds for Fourth Street -Miracle Mile Project. AUTHORIZING THE SIGNING OF PROGRAM SUPPLEMENT NO. File No. 11-15.1 x 4-1--66 1 (REVISED) TO THE CITY-STATE AGREEMENT NO. 3 FOR CITY'S FEDERAL -AID URBAN SYSTEM PROJECT. Resolution Giving Approval for the City Library to RESOLUTION NO. 5053 - A RESOLUTION OF THE CITY Join the North Bay Cooperative Library System - COUNCIL OF THE CITY OF SAN RAFAEL GIVING APPROVAL $500 Expenditure Authorized in Budget. File 9-3-61 FOR THE CITY LIBRARY TO JOIN THE NORTH BAY x 4-10-83 COOPERATIVE LIBRARY SYSTEM. Resolution of Appreciation for John Paysse. File No. 102 Resolution of Appreciation to the Gerstle Family for Donation of Catalpa Tree. File No. 102 RESOLUTION NO. 5054 - RESOLUTION OF APPRECIATION FOR JOHN PAYSSE. .NO. RESOLUTION/5055 - RESOLUTION OF APPRECIATION TO MRS. LEWIS GERSTLE, JR. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1196 APPROVING THE "GHIRARDO-HANF" ANNEXATION - FILE 5-2-66 CHARTER ORDIANNCE NO. 1196 - An ordinance of the City of San Rafael approving the annexation to the City of San Rafael of certain uninhabited territory designated as "Ghirardo-Hanf" Annexation" was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1197 PREZONING THE SAN RAFAEL MEADOWS AND ADJOINING AREAS - FILE 5-2-67 CHARTER ORDINANCE NO. 1197 - An ordinance amending the zoning map of the City of San Rafael, Califor- nia, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to prezone the San Rafael Meadows and adjoining areas as specified below, 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: APPLICATION FOR LICENSE TO OPERATE VEHICLES CARRYING PASSENGERS FOR HIRE - JAMES S. SAVOY, AP- PLICANT - FILE 9-9 Assistant to the City Manager Meador advised that Mr. Jaime Drachman, Transportation Consultant, was present to report on the written evaluation furnished at Council request. Mr. Drachman responded to questions regarding this report. He advised that the service, as proposed, is specifically excluded from jurisdiction of the Public Utilities Commission and within the purview of the City Council. This item was delayed until later in the meeting to give Mr. Savoy an opportunity to read the trans- portation consultant's report. Mr. Savoy, after reading the report, compared his proposed rates with the existing taxicab rates. He felt there would be more use of the jitney service because of the lower rates. + i Mr. John McCall represented Mr. Jennings, the owner of Yellow Cab Company in San Rafael. It was his belief that the public demand is not sufficient for the proposed service to operate successfully, and that establishment of the additional service would significantly damage his client. City Attorney Connick Advised the Council that a determination that public convenience requires this service should be based on the various factors outlined in the staff report dated October 16, 1975. The Council was in agreement that, after considering the available data, there appears to be insuffi- cient public demand for this service and the additional service would be detrimental to existing trans- portation service. The City's obligation for the maintenance of a public transportation system was emphasized. Motion by Councilman Mulryan, second by Councilman Jensen, to disapprove the application of Mr. James Savoy for a license to operate Vehicles carrying passengers for hire. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: OPEN SPACE MANAGEMENT PROGRAM - FILE 13-14-2 An ordinance of the City of San Rafael adding Title 19 to the Municipal Code of the City of San Rafael, entitled Open Space, and numbering Charter Ordinance No. 1198, 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: PROPOSED AGREEMENT, CITY FIRE PROTECTION - CSA NO. 19 - FILE 13-5 x 4-13-37 City Manager Bielser presented a written report, recommending approval of a joint powers agreement for City fire protection in the County service area wherein the City would not assume responsibility for upgrading the water mains and hydrants. He pointed out the difference between contracting fire pro- tection services and undertaking such services in annexation. The Council felt that residents should be aware of substandard water mains. Referral to the Fire Commission was discussed. Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to authorze the staff to prepare a joint agreement for Council ratification., subject to Fire Commission approval. RE: RATIFICATION OF JOINT POWERS AGREEMENT, CSA NO. 23 - TERRA LINDA OPEN SPACE - FILE 13-14-1 x 4-13-45 This item was continued till further notice, at the request of the County of Marin. RE: DISCUSSION OF UTILITY USERS TAX - FILE 9-12 Following a brief staff report and discussion, a motion by Councilman Mulryan to set a public hearing on this item for November 17, 1975 was seconded by Councilman Nixon and unanimously carried. The City Manager was instructed to notify the various Homeowners Associations and other interested organizations of the public hearing date. RE: ORDINANCE SETTING BAIL SCHEDULES FOR CERTAIN VEHICLE AND MUNICIPAL CODE VIOLATIONS - FILE 9-10-2 x 9-3-30 An ordinance of the City of San Rafael setting bail schedules for certain vehicle and Municipal Code ordinance violations, and numbering Charter Ordinance No. 1199, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM MR. JUNG REGARDING BUSINESS LICENSE PENALTY - FILE 9-10 Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to deny Mr. Jung's request for rebate of penalties incurred on business license for 320 "C" Street. RE: REPORT ON INSURANCE AUDIT - FILE 9-6 Following a report by Finance Director/Treasurer Averett and a brief discussion, this item was con- tinued two weeks. The staff was instructed to request that the insurance representative be present at that meeting to explain certain items. RE: PRESENTATION OF COUNTY -WIDE SOLID WASTE GENERAL PLAN - FILE 13-2 This item was continued for two weeks at the request of representatives of the industry. 271 RE: REPORT ON BID OPENING - MINOR DRAINAGE IMPROVEMENTS - FILE 4-1-238 (Councilman Jensen left the Council Chambers) Public Works Director Caillouette distributed copies of the report on the bid opening at 10:00 A.M. and recommended award to W. K. McLellan Co. at the low bid of $9,769. RESOLUTION NO. 5056 - RESOLUTION OF AWARD OF CONTRACT (Minor Drainage Improvements Project No. 9635-74.199.18 to W. K. McLellan Co.) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REPORT ON BID OPENING - HEAVY EQUIPMENT - FILE 4-2-113 x 4-2-114 x 4-2-115 The Council received a staff report on the bid opening on October 14, 1975 at 2:00 P.M. for three heavy equipment items. RESOLUTION NO. 5057 - RESOLUTION AWARDING CONTRACT FOR ONE NEW HEAVY DUTY DUMP TRUCK (to low bidder, Isi & Company --$8,849.49 after trade-in) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILEMN: Jensen Councilman Jensen returned to the Council Chambers. RESOLUTION NO. 5058 - RESOLUTION AWARDING CONTRACT FOR ONE NEW PORTABLE AIR COMPRESSOR (to Ingersoll-Rand Equipment Corporation --$5,406.70, the low bid accompanied by a bid bond) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The award of bid on the truck mounted aerial lift was deferred to the meeting of November 3, 1975. (The remainder of the meeting was not recorded due to breaking of tape) RE: DISCUSSION OF RESOLUTION CALLING FOR PUBLIC INFORMATION ON NUCLEAR POWER ISSUE - FILE 1.16 This matter was on the agenda at the request of Councilman Mulryan, who suggested that the Council adopt a resolution urging that citizens inform themselves on the nuclear issue and presented a pro- posed resolution. The Council was in agreement that the following paragraph be added: "5. Nothing in this resolution should be construed to be a recommendation of any type on the nuclear initiative measure to be voted on in the June, 1976 primary election in California." RESOLUTION NO. 5059 - A RESOLUTION CALLING FOR PUBLIC INFORMATION AND DISCUSSION AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT FOR INSTALLATION OF WATER SERVICES FOR IRRIGATION SYSTEM - FAU-FOURTH STREET -MIRACLE MILE PROJECT - FILE 4-15 Public Works Director Caillouette presented a staff report and copy of a letter of agreement from the Water District, to install service lines subject to certain conditions. Motion by Councilman Nixon, second by Councilman Miskimen and carried unanimously, to approve the staff recommendation as outlined in the memorandum dated October 20, 1975. RE: ALBERT PARK COMMUNITY RECREATION CENTER - REQUEST FOR APPROVAL OF CHANGE ORDER - FILE 4-1-234 Motion by Councilman Nixon, second by Councilman Miskimen, to approve the Change Order to the Albert Park Community Recreation Center Contract, in the amount of $3,545. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED ORDINANCE GIVING CODE ENFORCEMENT OFFICER ARREST AUTHORITY - FILE 9-3-17 A motion by Councilman Nixon, second by Councilman Miskimen, that the proposed ordinance be passed to print was later withdrawn and this item was continued for two weeks. Staff was instructed to prepare a supplemental report on the matter. RE: RESOLUTION APPROVING TRANSFER OF FREITAS PROPERTY FROM CITY OF SAN RAFAEL TO CITY OF SAN ANSELMO - FTI P F-7-4 RESOLUTION NO. 5060 - RESOLUTION CONSENTING TO THE TRANSFER OF TERRITORY DESIGNATED AS THE FREITAS TRANSFER FROM THE CITY OF SAN RAFAEL TO THE CITY OF SAN ANSELMO 272 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REVIEW OF SAN RAFAEL MEADOWS RESTAURANT PROPOSAL (MAMOUNIA) - FILE 5-2-67 The Council received a staff report from Planning Director Hotchner on the restaurant proposal at the northeast corner of Merrydale Road and Willow Avenue. Following a brief discussion, a motion by Councilman Mulryan to approve the staff recommendation as outlined in the report dated October 20, 1975 and authorize the transmission of the recommendations to the Board of Supervisors, was seconded by Councilman Miskimen and unanimously carried. RE: DISCUSSION OF POTENTIAL CHARTER AMENDMENTS - FILE 1-1 The list of potential Charter amendments for the next election was discussed and the staff was directed to schedule the matter for further consideration in thirty days or so. RE: EXECUTIVE SESSION The Council moved to Executive Session to discuss property acquisition. No action was taken. The Council adjourned to the next regularly scheduled meeting on Monday, November 3, 1975, at 8:00 p.m. HELEN L. McDANIEL, Acting City Clerk APPROVED THIS DAY OF 7�`C'��� 1975. &t##'a0Za ap?4� MAYOR OF THE CITY 7 SAN RAFAEL