HomeMy WebLinkAboutMinutes 1973-1977 pt. 5In the Council Chambers of the City of San Rafael, Monday, November 3, 1975, at 8:00 P.h
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilmar
Lawrence E. Mulryan, CUUM_ iiiaii
Jack G. Nixon, Councilman
273
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City
Attorney.
RE: CONSENT CALENDAR
Motion by Councilman Miskimen, second by Councilman Jensen, 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.
20, 1975.
Claim for Damages - Brian Wayne Miller, Claimant
(File 3-1-192)
Claim for Damages - Edna MacLeod, Claimant (File
3-1-186)
Request to Install Septic Tank - 366 Margarita
Drive. (File 9-3-40)
Terra Linda Unit 26 -
(a) Grant of Slope Easement;
(b) Grant of Pedestrian Easement
(File 5-1-225)
Deny and refer to Insurance Carrier.
Deny and refer to Insurance Carrier.
Approve with condition.
Resolution No. 5062 - Resolution Accepting Grant
of Slope Easement, Terra Linda Unit 26.
Resolution No. 5063 - Resolution Accepting Grant
of Pedestrian Easement, Terra Linda Unit 26.
Report on Bid Opening - Aeria Lift (File 4-2-115) Resolution No. 5064 - Resolution Awarding Contract
for One Truck Mounted Aerial Lift (to Pac-Power).
Recommendation of Cultural Affairs Commission to Acceptance of Cultural Affairs Commissiom's recom-
Formally Designate the Dollar Estate as Falkirk, mendation.
Community Cultural Center, City of San Rafael.
AYES: COUNCILMMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - ACQUISTION OF PROPERTY - FILE 6-29 - FILE
A -?A
Mayor Bettini excused himself because of a possible conflict and Acting Mayor Mulryan presided.
RESOLUTION NO. 5061 - RESOLUTION OF THE CITY OF SAN RAFAL ACCEPTING GRANT DEED AND AUTHORIZING
EXECUTION OF ESCROW INSTRUCTIONS, EAST SAN RAFAL DRAINAGE ASSESSMENT DISTRICT
NO. 2.
AYES: COUNCILMEN: Jensen, Miskimen, and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ABSTAIN: Nixon
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP74-85) OFFICE BUILDING, 1016 IRWIN
STREET - ROBERT BERGIS, OWNER, JEFFORY MORSHEAD, REPRESENTATIVE - FILE 10-5
Acting Mayor Mulryan opened the public hearing on the appeal by Mr. Jeffory Morshead.
Council had received copies of the letter of appeal, Planning Staff Report, Planning Commission minutes,
and several letters from interested citizens regarding this item. Notices of hearing were mailed to
area residents.
Mr. Al Bianchi, Attorney representing the appeallant, requested that the public hearing be postponed
for four weeks.
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, that the matter
be resubmitted to the Planning Commission.
The public hearing was continued for four weeks.
RE: FINAL ADOPTION OF ORDINANCE NO. 1198, OPEN SPACE MANAGEMENT - FILE 13-14-1
Mayor Bettini returned to the Council Chambers.
CHARTER ORDINANCE NO. 1198 - An Ordinance of the City of San Rafael Adding Title 19 to the Municipal
27 Zl
Code of the City of San Rafael, entitled Open Space, 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 OF ORDINANCE NO. 1199, SETTING BAIL SCHEDULES FOR CERTAIN VEHICLE AND MUNICIPAL
CODE VIOLANTIONS - FILE 9-3-30
CHARTER ORDINANCE NO. 1199 - An Ordinance of the City of San Rafael Setting Bail Schedules for Certain
Vehicle and Municipal Code Ordinance Violations, was adopted as an ordinance of the City of San Rafael
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON INSURANCE AUDIT - FILE 9-6
This item was continued to the next meeting, since the Insurance representative is on vacation.
RE: ARREST AUTHORITY FOR CODE ENFORCEMENT OFFICER - FILE 9-3-17
The Council heard supplemental reports from City Attorney Connick and Planning Director Hotchner and
discussed the proposed ordinance.
An ordinance of the City Council of the City of San Rafael amending Title 2 - Administration - of the
Municipal Code by adding Chapter 2.36 - Arrest Authority of Code Enforcement Officer, and numbering
Charter Ordinance No. 1200, 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: RECOMMENDATION OF FIRE COMMISSION REGARDING CSA NO. 19 - FILE 13-5 x 4-13-37
The Council received the Fire Commission recommendation for adoption of the City -contracted fire pro-
tection of CSA No. 19.
Fire Commission Chairman Dufficy emphasized the first area of concern in his letter of October 28,
regarding the hiring of two additional firemen and the maintenance of adequate manpower.
It was noted that the negotiation of an agreement for contracted fire protection was previously ap-
proved subject to Fire Commission approval.
RE: POLICE PROTECTION IN CANAL AREA - FILE 9-3-30
Mr. Ludlow addressed the Council regarding police protection in the Canal area. He was advised to
discuss the problem with the City Manager and a written report will be sent to the Council.
RE: COMMUNICATIONS REGARDING COMMUNITY DEVELOPMENT ACT FUNDS - FILE 147
City Manager Bielser referred to the communications from the San Rafael City Schools and the San Rafael
Sanitation District and answered Council questions regarding the funds available through the Community
Development Act.
Mr. Donald E. Leisey, Superintendent of the San Rafael City Schools, requested Council consideration
of the inclusion of certain projects on behalf of the San Rafael City School District in the distribu-
tion of 1976 funds.
Mr. Birdsall, Principal of Davidson Middleschool, Mr. Thorner, Principal of San Rafael High School,
Mr. Gilman of Little League, and Mrs. Godwin, a parent from San Rafael High School, spoke regarding
the projects requested by the School District. Mr. Sam Fedeli, 265 Irwin, also addressed the Council
in reference to the distribution of the funds.
Mr. Dan Nuebel, District Administrator -Engineer of the San Rafael Sanitation District, asked that
Council consider his request that the District receive a share of the Housing and Community Develop-
ment funds.
This item was continued to a later date.
RE: ALBERT PARK RENOVATION - FILE 12-15
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to approve the staff
recommendation to call for applications from architects as outlined in City Manager Bielser's memoran-
dum of October 24, 1975.
RE: REPORT ON PROPOSED HOLIDAY SEASON PARKING METER HOLIDAY - FILE 11-18
Motion by Councilan Jensen, second by Councilman Miskimen and unanimously carried, to authorize a
parking meter holiday from December 15 through December 30, 1975, inclusive, allowing for two hours of
free parking.
275
RE: PROPOSAL OF MARIN TRANSIT DISTRICT REGARDING HOLIDAY BUS SERVICE - FILE 143
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to sponsor jointly
with the Marin County Transit District a special, Saturday only, Christmas service between Northgate
Shopping Center and downtown San Rafael for the period, November 29 through December 29, 1975, at a
cost to each Agency of $700.
RE: DISCUSSION OF SIGN ORDINANCE MORATORIUM - FILE 125
This item was on the agenda at the request of Mayor Bettini, who referred to a meeting with the
Manager of the Chamber of Commerce. Since there is a lawsuit on this matter, the City Attorney agreed
that discussion should be in Executive Session.
RE: COUNTY -WIDE SOLID WASTE GENERAL PLAN - FILE 13-2
Mr. Theodore C. Wellman, Chairman of the Solid Waste Management Advisory Committee, made a presenta-
tion of the proposed Marin Solid Waste General Plan, copies of which had been furnished to the Council
for consideration.
The item was continued for two weeks to allow time for staff review.
RE: GARDINER SUBDIVISION - REQUEST TO FILE PARCEL MAP WITH NO ACCESS ROADWAY IMPROVEMENTS - FILE
4-11-49 x.5-1-226
Councilman Nixon left the Council Chambers.
Samuel W. Gardiner, owner, requested clarification of Council action of June 2, 1975. He contended '
the access roadway improvements were not required and the filing of the su bdivision map as submitted
had been approved.
The Council discussed the matter with Judge Gardiner and the City staff. It was suggested that a two -
lot subdivision map might meet the requirements of the City ordinances and the Subdivision Map Act and
allow the requested development of Lot No. 1. Judge Gardiner agreed to have the subdivision map re-
drawn.
Motion by Councilman Mulryan, second by Councilman Miskimen and carried by unanimous vote of the four
Council members present, that this item be referred back to staff for further revising.
Councilman Nixon returned to the Council Chambers.
RE: NON -AGENDA ITEM - DEMOLITION REQUEST UNDER HISTORIC PRESERVATION ORDINANCE - FILE 13-14-2
City Manager Bielser received authorization to process a development application simultaneously with
application for demolition of two houses on Mission Avenue.
RE: EXECUTIVE SESSION
The Council moved to Executive Session to discuss litigation and property acquisiton.
The Council adjourned to the next regularly scheduled meeting on November 17, 1975.
MARION A. GRADY, City C1erK_
APPROVED THIS DAY OF `�'`�?`'1 1975.
MAYOR OF THE CITY OF SAN RAFAEL
276
In the Council Chambers of the City of San Rafael, Monday, November 17, 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
J
Also Present: William J. Bielser, City Manager, Marion A. Grady, City Clerk; Harry A. Connick, City
Attorney.
RE: CONSENT CALENDAR
Motion by Councilman Nixon, second by Councilman Miskimen, to approve the recommended action on the
following Consent Calendar Items: j
Item Recommended Action J
Approval of Minutes of Regular Meeting of November
3, 1975.
Claim for Damages - Gloria King, Claimant - File
3-1-195.
Claim for Damages - Elizabeth King Barbee, Claimant -
File 3-1-196.
Claim for Damages - Eric Dennis, Claimant - File
3-1-193.
Agreement with P.G. & E. to Install Street Light
Facilities - FAU Project - Fourth Street, Miracle
Mile Roadway Improvements - File 4-4 x 11-15.
City Policy on Annexations - File 5-2.
Hold Harmless Agreement with Sailcraft Corporation
(Use of Four Laser sailboats) - File 9-3-65 x
4-10-85•
Irwin Street Slide Repair - Project No. 75.199.34 -
Approval of Change Orders - File 4-1-237.
Approve as submitted to each Council member.
Deny and refer to insurance carrier.
Deny and refer to insurance carrier.
Deny and refer to insurance carrier.
RESOLUTION NO. 5065 - A Resolution Authorizing
the Signing of a Lease or Agreement.
Approve Planning Commission Recommendation.
RESOLUTION NO. 5067 - A Resolution Authorizing
the Singing of a Lease or Agreement.
Approve Contract Change Orders Nos. 1 and 2.
Resolution Approving Olson Annexation - File 5-2-68. RESOLUTION NO. 5068 - A Resolution of the City
Council of the City of San Rafael Approving
the Annexation to the city of San Rafael of
Certain Uninhabited territory designated as the
"Olson Annexation."
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME - SCHEDULE A, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Mayor Bettini left the Council Chambers due to possible conflict and Acting Mayor Mulryan presided.
RESOLUTION NO. 5066 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (with Valentine Corpora-
tion, to October 31, 1975)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Mayor Bettini returned and presided over the meeting.
RE: PUBLIC HEARING - UTILTY USERS' TAX - FILE 9-12
Mayor Bettini opened the public hearing for discussion of a Utility Users' Tax. Notices of the hearing
were mailed to Homeowners' and civic organizations within the City.
City Finance Director -Treasurer Averett made a presentation regarding the City's current financial con-
dition and the outlook for discal year 1976-77.
During discussion of a utility tax and City finances, persons speaking against any such tax were Joe
Bernat, 579 Thornwood, Larry Cowan, Ingeborg Higbee, 1352 Grand Avenue, Harry Winters, 201 Spring
Road, Coleman Sellers, 765 Beechnut Ct., Sam Smith, 23 Oakwood, Sam Fedeli, 265 Irwin, Ron Naeve from
from Bret Harte Community Association, Dick Rush, Executive Vice President of the Chamber of Commerce,
Herman Deitch, Dick Fox, John Levinsohn Col. Walter S. Filler representing the Irate Taxpayers of San
Rafael, and R. Crawford, representing the Neighborhood "13" Association. Mr. Richard Gatto spoke in
favor of a tax to cover persons other than property owners.
Mayor Bettini closed the public hearing.
277
A motion by Councilman Jensen to adopt a resolution that no utility tax or other taxes that are not
now being charged could be adopted without a vote of the people at a regular election was ruled out of
order.
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to deny passage of
the draft ordinance pertaining to Utility Users' Tax.
Councilman Mulryan left the Council meeting.
RE: COMMUNICATION FROM YOUTH COMMITTEE OF BICENTENNIAL COMMISSION - FILE 9-2-23 x 104
Miss Ann Casaudoumecq represented the Bicentennial Youth Committee in requesting Council permission
to paint fireplugs from Tamalpais Street to "E" Street on Fourth in Bicentennial themes, and presented
the two designs proposed.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to grant the re-
quest subject to Fire Commission approval.
The Fire Commission will review this request on December 9, 1975.
RE: FINAL ADOPTION OF ORDINANCE NO. 1200 - ADDING ARREST AUTHORITY OF CODE ENFORCEMENT OFFICER -
FILE 9-3-17
CHARTER ORDINANCE NO. 1200 - An Ordinance of the City Council of the City of San Rafael amending Title
2 - Administration - of the Municipal Code by adding Chapter 2.36 - Arrest Authority of Code Enforce-
ment Officer, 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: CONTINUED REPORT ON THE INSURANCE AUDIT - FILE 9-6
Mr. Wilkie of Minto & Wilkie Insurance Agency, Inc. was present and responded to questions regarding
the written report submitted to Council.
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried to approve the Valu-
able Papers Extension with the additional annual premium of $116.
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to change the pre-
sent $10,000 HONESTY BOND to FAITHFUL PERFORMANCE with an additional annual premium of $43.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to increase the
Excess Liability to $5,000,000 with an additional annual premium of $1,500.
RE: REPORT ON GARDINER SUBDIVISION - FILE 5-1-226
Councilman Nixon was excused due to a possible conflict of interest.
Director of Public Works Caillouette advised that Judge Gardiner has submitted a revised two -lot map
and the staff recommended approval.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the request to file the revised
two -lot parcel map as recommended by staff.
AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini
NOES: COUNCILMEN: None
ABSEN COUNCILMEN: Mulryan and Nixon
Councilman Nixon returned to the Council Chambers.
RE: DISCUSSION OF CHARTER AMENDMENTS - FILE 1-1
City Manager Bielser reviewed the potential charter amendments and referred to the City Clerk's memo-
randum containing the calendar and approximate cost for a Special Municipal Election on March 2, 1976.
Motion by Councilman Miskimen, second by Councilman Jensen, and carried by affirmative vote of the
four Council members present, that the potential Charter amendments be scheduled on the Agenda in time
for the June, 1976 election.
RE: REQUEST OF MARIN COUNTY HOUSING AUTHORITY REGARDING SECTION 8 HOUSING - FILE 147 x 4-13-38
City Planner Ott presented the staff report. Ms. Virginia Dunn responded to Council questions regard-
ing the new Section 8 Housing Assistance Payments Program.
Motion by Councilman Miskimen, second by Councilman Nixon, to approve the resolution as presented,
with the addition of 150 units under Section 8.
RESOLUTION NO. 5069 - RESOLUTION APPROVING THE OPERATION OF THE SECTION 8
HOUSING PROGRAM WITH THE CITY OF SAN RAFAEL.
AYES:
NOES:
ABSENT:
COUNCILMEN: Miskimen, Nixon and Mayor Bettini
COUNCILMEN: Jensen
COUNCILMEN: Mulryan
278
RE: REVIEW AND APPROVAL OF JOINT POWERS AGREEMENT REGARDING COUNTY SERVICE AREA NO. 23 - FILE 13-143 x
id -11 -Ar, 3
RESOLUTION NO. 5070 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin
County Open Space District, County of Marin, acting by and through County
Service Area No. 23)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON BIDS FOR LIBRARY SHELVING - FILE 4-2-116
City Manager Bielser advised that only one bid, along with three "No Bid" respones, was opened at
2:00 p.m., November 17, 1975. City Librarian Smith responded regarding the type of shelving and
available sources. The staff recommendation was that the bid from J. H. Comey Company be accepted.
RESOLUTION NO. 5071 - RESOLUTION AWARDING CONTRACT (for Shelving Components for use in Library
Addition to J. H. Comey Co. - $9007.88)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON BIDS FOR SAN RAFAEL COMMUNITY CENTER FURNISHINGS - FILE 4-1-239
RESOLUTION NO. 5072 - RESOLUTION AWARDING CONTRACT (to Western Contract Furnishigs - $32,656.68)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON CITY AUDIT BY SLEEZER AND ECKHOFF- FILE 8 -1 -
Councilman Jensen left the Council Chambers.
Mr. Martin of Sleezer & Eckhoff presented reports on audits for the City of San Rafael and Parking
District No. 1, copies of which had been furnished to Council.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to accept the two
Audit reports.
Councilman Jensen returned to the Council Chambers.
RE: MOBILE HOME PARK INSPECTIONS - FILE 9-3-32 x 13-7-1
City Manager Bielser referred to the staff report recommending adoption of a resolution canceling the
City's enforcement of State codes relating to mobile homes and mobile home parks effective January 1,
1976.
Mr. John Berry, 66 Yosemite Drive, Contempo Marin, requested that the City of San Rafael continue en-
forcement in the mobile home park and asked for a postponement to allow time to bring this matter to
the attention of the Contempo Marin residents.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to continue this
item to December 15, 1975.
RE: COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES REGARDING LEGAL ADVOCACY COMMITTEE ACTIONS AND RE-
COMMENDATIONS - FILE 9-11-1
The Council received communications from the League of California Cities relating to the Legal Advocacy
Committee actions and Denial of Amicus Brief Request in Dawson v. Los Altos Hills.
RE: REQUEST FROM REGIONAL WATER QUALITY CONTROL BOARD FOR REPORT ON TIME SCHEDULE FOR ELIMINATION OF
BY-PASS - FILE 12-7 x 12-6
The Council accepted the staff recommendation and authorized the City staff to prepare a detailed re-
port pursuant to the request of the California Regional Water Control Board and so advise the Board.
RE: PROPOSED AMENDMENTS TO BUSINESS LICENSE ORDINANCE, ADDING SPECIFIC BUSINESSES AND FEES, AND TO
MUNICIPAL CODE SECTION 10.16.030, AUCTIONS - FILE 9-10
Following a staff report by City Treasurer Averett and Council discussion, a motion by Councilman
Nixon to revise the ordinance as proposed under Division 1, Subparagraph 10.04.050 (P) (3), to ban
street peddlers, was seconded by Councilman Miskimen and unanimously carried.
Motion by Councilman Jensen, second by Councilman Miskimen, to revise the proposed ordinance to reflect,
under Division 1, Subparagraph 10.04.050 (Z) Auctions:, a fee for the first day of auction each month
of One Hundred ($100) Dollars, carried by unanimous vote.
2%9
RE: ORDINANCE AMENDING PRIVATE PATROL PERMIT PROCEDURE - FILE 9-3-30
An Ordinance of the City of San Rafael Amending Title 10, Chapter 10.80, Private Patrols, Sections
10.80.030 (H) and 10.80.050 thereof, and by Adding a New Section 10.80.100 Appeals, and numbering
Charter Ordinance No. 1201, 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: RESOLUTION AUTHORIZING PARTICIPATION IN FEDERAL GRANT FOR CRIME PREVENTION UNIT - FILE 9-3-30
x 4-10-8T
RESOLUTION NO. 5073 - RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING SUBMITTAL OF APPLICATION
FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO OCJP.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: PRESENTATION OF USE PLAN FOR FALKIRK - FILE 9-3-65
The Council received the proposed Use Plan for Falkirk and continued the matter to the meeting of
December 15, 1975, as recommended by the Cultural Affairs Commission.
The Council moved to Executive Session to discuss property acquisition. No action was taken.
The Council adjourned to the next regularly scheduled meeting on December 1, 1975.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF 1975.
&041111141 A22C�7:i -
MAYOR OF THE CITY 0 SAN RAFAEL
.080 AL
In the Council Chambers of the City of San Rafael, Monday, December 1, 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: CONSENT CALENDAR
Motion by Councilman Miskimen, second by Councilman Mulryan, to approve the recommended action on the
following Consent Calendar items:
Item
Approval of Minutes of Regular Meeting of November
17, 1975.
Claim for Damages - Donald G. Pozo, Claimant,
File No. 3-1-197.
Claim for Damages - Nan J. King, Claimant. File No.
3-1-198.
Northgate East Development - Extension of Time for
Phases 2 and 3 - File 5-1-220.
Recommended Action
Approve as submitted to each Council member.
Deny and refer to Insurance Carrier.
Deny and refer to Insurance Carrier.
RESOLUTION NO. 5074 - RESOLUTION EXTENDING TIME
FOR THE COMPLETION OF IMPROVEMENT WORK (to Dec.
3, 1976)
Approval of Change Order - South San Pedro Road Phase Approve by motion.
IV -Landscaping. File 4-13-14.
Appeal of Planning Commission Decison (T75-3) Nine -
Lot Subdivision, Professional Center Parkway (Park-
way Homes) - File 5-1-227 'x
Set Public Hearing on December 15, 1975, at 8:00
P.M.
RE: PUBLIC HEARING - PROPOSED AMENDMENT TO FORTUNE-TELLING ORDINANCE - FILE 146
Mayor Bettini opened the public hearing. City Manager Bielser gave the staff report, recommending
adoption of the proposed amendment to include the posting of a $5,000 faithful performance bond before
a business license is granted for a Fortune -Telling business.
Council discussion covered the proposed amendment, retaining the existing regulatory ordinance, or
rescinding the regulatory ordinance which would require a public hearing.
There were no persons from the audience who wished to speak and Mayor BettiMiclosed the public hearing.
A motion by Councilman Jensen to adopt the proposed Urgency Ordinance was seconded by Councilman Nixon
and failed to carry by the following roll call vote:
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
Motion by Councilman Jensen, second by Councilman Nixon, that the proposed ordinance, amended to delete
the urgency portion and add a $5,000 cash or surety bond, be passed to print.
An ordinance of the City of San Rafael amending Section 10.88.080 "Business License" of the Municipal
Code, and numbering Charter Ordinance No. 1202, was read, introduced and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - MISSION AVENUE IMPROVEMENT PROJECT - FILE 4-1-235
Mayor Bettini opened the public hearing. Public Works Director Caillouette supplemented his written
report regarding the proposed construction of a passenger loading and unloading area adjacent to St.
Raphael's School on Mission Avenue. Notices of the Public Hearing were mailed to all property owners
on Mission Avenue and adjacent streets.
Father Kennedy from St. Raphael's Church spoke regarding the problems encountered when the school
children arrive in the morning and are dismissed in the afternoon. Parents in favor of the project were
also present. No one opposed the project.
Mayor Bettini closed the public hearing.
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, that the Mission
Avenue improvement project be approved as proposed.
—1
281
RE: PUBLIC HEARING - PROPOSED COUNTY -WIDE SOLID WASTE MASTER PLAN - FILE 13-2
Mayor Bettini opened the public hearing on this item which was presented to the Council on November
3, 1975 and continued to allow time for review of the Plan.
Mr. Theodore C. Wellman, Chairman of the Solid Waste Management Advisory Committee, referred to pro-
posed changes to the County -Wide Plan and the staff recommendation that the Plan be adopted with con-
ditions. He advised that the County does not intend to hire a Solid Waste Manager at this time and
has a part-time employee in the Public Works Department who will handle this. He objected to the con-
dition that a Solid Waste Manager not be hired. Mr. Wellman responded to questions and discussed the
Plan with the Council.
Mr. Alex MacMillan urged favorable consideration of the County -Wide Plan.
Mayor Bettini clsed the public hearing.
Motion by Councilman Mulryan, second by Councilman Nixon, to adopt Item "D" of the City Manager's
letter dated November 24, 1975; i. e., adopt the Plan with the stipulation that adoption will not
diminish any existing City powers with respect to collection, disposal, transfer or recycling of solid
waste; and that a position of Solid Waste Manager not be hired; and that the size of the Solid Waste
Management Committee be reduced and based on proportional representation.
AYES: COUNCILMEN: Mulryan and Nixon
NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion by Councilman Jensen, second by Mayor Bettini, that the Council not adopt the County -Wide
Solid Waste Master Plan.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to direct the
staff to prepare a City Solid Waste Plan that will provide an adequate system for coordination with
the County -Wide Plan.
IRE: PUBLIC HEARING - APPEAL OF DENIAL OF FORTUNE-TELLING PERMIT - MARIE UWANAWICH ADAMS, 1211 LINCOLN
AVENUE - FILE 146 x 9-10
This item was continued to January 5, 1976, at the request of the applicant.
RE: FINAL ADOPTION OF ORDINANCE 1201 AMENDING PRIVATE PATROL PERMIT PROCEDURE - FILE 9-3-30
CHARTER ORDINANCE NO. 1201 - An Ordinance of the City of San Rafael amending Title 10, Chapter 10.80,
Private Patrols, Sections 10.80.030 (H) and 10.80.050 thereof, and by adding a new Section 10.88.100,
Appeals, 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: PROPOSED AMENDMENTS TO TITLE 10, BUSINESS LICENSE - FILE 9-10-2
An Ordinance of the City of San Rafael amending Title 10, Chapter 10.16 Auctions by adding a stipula-
tion to Section 10.16.030, Issuance of Permit - Time Limit, and numbering Charter Ordinance 1203, 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
An Ordinance of the City of San Rafael amending Title 10, Chapter 10.04 entitled Business License,
by adding subparagraph (Z) Auctions to Section 10.04.050, and by amending Section 10.04.080 thereof,
and numbering Charter Ordinance No. 1204, was read, introduced and ordered passed to print by the
follwoing vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The proposed ordinance pertaining to Peddlers and Solicitors was continued to December 15 and staff
was directed to furnish additional material on the existing ordinance.
RE: ACTIONS RELATIVE TO SAN RAFAEL MEADOWS ANNEXATION - FILE 5-2-67
RESOLUTION NO. 5075 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING CANVASS
BY BOARD OF SUPERVISORS OF MARIN COUNTY OF SPECIAL MUNICIPAL ELECTION
CONSOLIDATED WITH THE GENERAL DISTRICT ELECTION NOVEMBER 4, 1975.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
CHARTER ORDINANCE NO. 1206 - An Urgency Ordinance of the City of San Rafael Approving the Annexation
to the City of San Rafael of certain inhabited territory designated as "San Rafael Meadows Annwxation,"
on the 1st day of December, 1975, was adopted as an ordinance of the City of San Rafael by the follow-
ing vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5076 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL WITHDRAWING A PORTION
OF THE SAN RAFAEL MEADOWS ANNEXATION TERRITORY FROM THE MARIN COUNTY LIGHT-
ING DISTRICT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON HOUSING AND COMMUNITY DEVELOPMENT ACT - FILE 147
RESOLUTION NO. 5077 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL MODIFYING ITS
ORIGINAL REQUEST FOR MONIES UNDER THE HOUSING AND COMMUNITY DEVELOPMENT
ACT.
AYES: COUNCILMEN; Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PEACOCK GAP AREA ZONING - FILE 10-1
Planning Director Hotchner reported regarding the City Attorney's finding that the existing zoning in
the Peac ock Gap area is invalid because the plan for the zoning was adopted in 1958 by resolution
rather than by ordinance. Mr. Hotchner recommended that immediate rezoning, incorporating the develop-
ment which now exists, be initiated for the developed property and asked Council direction regarding
the undeveloped area. City Attorney Connick advised that the current legal zoning is "PC."
Mr. Bob Winckler, President of the Peacock Gap Homeowners Association, and Mr. Bryan McCarthy, Counsel
for the Association, addressed the Council. They asked that the developed area be zoned as it exists
and no rezoning of the undeveloped area be initiated until a neighborhood plan is completed.
The matter was referred to the staff and Planning Commission for review and recommendation.
RE: PROGRESS REPORT ON PARKING ORDINANCE MODIFICATIONS - FILE 10-1
CHARTER ORDINANCE NO. 1205 - An Urgency Ordinance of the City of San Rafael amending Section 14.13.130 -
Guide to Calculating Number of Parking Spaces required - Offices, of the Municipal Code was adopted as
an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Council Jensen left the Council Chambers.
RE: APPOINTMENT OF REPRESENTATIVE TO THE MARIN/SONOMA MOSQUITO ABATEMENT DISTRICT - FILE 9-2-9
Motion by Councilman Nixon, second by Councilman Miskimen, to reappoint Mr. Norris M. Rawles as a
Trustee to the Board of the Marin/Sonoma Mosquito Abatement District for a two year term to expire
December 31, 1977.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: RESIGNATION OF CITY'S REPRESENTATIVE TO THE BICENTENNIAL COMMISSION - FILE 9-2-23
Motion by Councilman Mulryan, second by Councilman Miskimen, to accept the resignation of Margaret
D. Woodring as the City's representative to the Marin County Bicentennial Commission, with appreciation
for her service.
Councilman Jensen returned to the Council Chambers.
RE: REPORT ON SPECIAL CENSUS - FILE 9-14
Planning Director Hotchner presented a report on the Special Census scheduled for March, 1976. He
advised that $500 should be added to the cost estimate, to cover addition of the San Rafael Meadows
Annexation area, for a total estimated cost of $24,800. $22,000 is included in the 1975-76 budget.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the special census; authorizing
the staff to ask the County of Marin to fund the census for the unincorporated portion of the General
Plan area, authorizing formulation of ten special questions per the schedule submitted, and appropriat-
ing the necessary funds above the amount budgeted.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: Nixon
ABSENT: COUNCILMEN: None
283
RE: REQUESTS OF PARKS & RECREATION COMMISSION - FILE 9-2-4
City Manager Bielser referred to Director of Recreation Snyder's report on the Commission's request
that the Public Works Department investigate and prepare a written report on a proposed Peacock Gap
Neighborhood Park and Mont Marin Park Landscaping Plan. Council had received copies of letters from
the Peacock Gap Homeowners Association and the Mont -Marin Homeowners Association to the Parks & Recrea-
tion Commission regarding these proposals. i
Parks & Recreation Commissioner Davis spoke regarding the Commission's review of the two proposals.
He said that the Commission is not in a position at this stage to make a recommendation and asked
clarification of the amount of staff time available to them.
Persons addressing the Council included Bob Winckler, President of the Peacock Gap Homeowners Associa=
tion, Mary Carpou, and John Shook from the Association, who spoke in favor of the proposed neighbor-
hood park.
Following Council discussion, the Parks & Recreation Commission was authorized to attend a meeting with
the Peacock Gap Homeowners Association and report to Council.
The Mont Marin Park Landscaping Plan was referred back to the Parks & Recreation Commission for review
and report to Council.
The Council moved to Executive Session to issue instructions to employee negotiator and discuss litiga-
tion.
The Council adjourned to the next regularly scheduled meeting on December 15, 1975.
MARION A. GRADY, City Clerk
Q
APPROVED THIS /-5% DAY OF !!� - , L975.
MAYOR OF THE CI OF SAN RAFAEL
Q
In the Council Chambers of the City of San Rafael, Monday, December 15, 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: Raymond L. Meador, Assistant to City Manager; Marion A. Grady, City Clerk; Hari
Connick, City Attorney.
RE: PRESENTATION BY MARIN COUNTY BICENTENNIAL COMMISSION - FILE 9-2-23
Mr. Ben Farlatti, Vice -Chairman of the Bicentennial Commission of Mary County, presented an American
Revolution Bicentennial Flag to be flown under the American Flag. Mayor Bettini accepted on behalf of
City.
RE: CONSENT CALENDAR
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action on the
following Consent Calendar items:
Item
Approval of Minutes of Regular Meeting of December
1, 1975.
Claim for Damages - Piombo General Engineering Con-
tractors, Claimant - File 3-1-191.
Continued Hearing on Mobile Home Park Inspections.
Proposal from Helen Greving Regarding Bicentennial
Ball.
Recommended Action
Approve as submitted to each Council member.
Deny and refer to Insurance Carrier.
Continue to January meeting.
Refer to Parks & Recreation Commission (with
suggestion that they consider Open House of
building Sunday, February 8.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF DENIAL OF MASSAGE TECHNICIAN PERMIT - SALLY BETH SCHISSEL, File 9-10-3-1
Mayor Bettini opened the public hearing on the appeal by applicant of staff denial of a massage techni-
cian permit. The Council had received copies of the application, applicant's letter of appeal and
letter from her attorney dated November 20, 1975 enclosing a Motion to Expunge, and the staff report.
Ms. Sally Schissel, applicant, stated that at the time she made application she believed that the
charges had been expunged and, under Florida law, she was entitled to deny that she was ever arrested.
She has since contacted her attorney and again made a motion to formally expunge the record, and asked
favorable consideration of the appeal.
During Council discussion with the Police Chief and City Attorney, it was noted that California law
differs from the Florida law and that the letter regarding the Motion to Expunge was dated after the
application was denied. Mayor Bettini closed the public hearing.
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that the appeal be
denied.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP75-81) EIGHT -FOOT FENCE, 254 NOVA ALBION
WAY, JEAN HUET, OWNER: GEORGE GATTER, REPRESENTATIVE. - FILE 10.5
Mayor Bettini opened the public hearing on the appeal by applicant of the Planning Commission denial
by a vote of 4-3. Council had received copies of the letter of appeal, Planning staff report, Plann-
ing Commission minutes, and three letters of opposition from area residents.
Mr. George Gatter represented Mrs. Huet. He stated that there are a number of fences over six feet in
height in the immediate area and presented photographs. He asked that the eight -foot fence be per-
mitted to provide necessary security and privacy to Mrs. Huet.
Mr. Jim Maloney of 3 LeClaire Ct., Mrs. Bridges of 215 Nova Albion Way, and Mr. Duffy of 12 Nova Albion
Way, spoke in favor of the eight -foot fence.
Mr. Rankov, 11 LeClaire Ct., spoke in opposition.
Mayor Bettini closed the public hearing.
Following discussion, a motion by Councilman Jensen to deny the appeal and sustain the Planning Commis-
sion decision was seconded by Mayor Bettini and carried by the following roll call vote:
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: Mulryan and Nixon
ABSENT: COUNCILMEN: None
285
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION TS75-3 TENTATIVE NINE -LOT SUBDIVISION—1
PARKWAY HOMES 20-26 PROFESSIONAL CENTER PARKWAY, V. TURSKI, OWNER; RAY HOFFMAN, REPRESENTATIVE -
FILE 10-8 X
Mayor Bettini opened the public hearing on the appeal by applicant of the Planning Commission denial
by a vote of 7-0. Council had received copies of the letter of appeal, Planning staff report and
minutes relating to this project, and a letter of opposition from a property owner.
Mr. Ray Hoffman represented the applicant. He described the proposed development, designed to provide
housing at a moderate cost. He felt there were grounds for a reversal of the Planning Commission
decision; however, in the event the Council did not see fit to approve the appeal, he asked that Mr.
Turski be given some guidelines as to what would be acceptable and the matter referred back to staff.
Mr. V. Turski, property owner and applicant, stated his opinion that any other development proposed
for this site would cover more area than this proposal. He also asked that Council reverse the Plann-
ing Commission decision or refer the item back to staff.
Mr. Brent Dickens,Architect for the project, also requested approval or referral to staff so they
might modify their proposal as required for approval.
Mayor Bettini closed the public hearing.
In the discussion, Planning Director Hotchner advised that the Planning Commission indicated no in-
tention of approving any residential use in excess of three units for this location and felt there were
many other uses under the current zoning which could be utilized. Planning Commission Chairman Stark -
weather affirmed Mr. Hotchner's comments.
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to deny the ap-
peal and waive the six -months waiting period to apply for any use at this location.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION (UP75-73) 22,000 CUBIC YARDS OF LAND FILL,
2175 FRANCISCO BOULEVARD, ROBERT H. GREENE, OWNER - FILE 10-5
Mayor Bettini opened the public hearing on the appeal by property owner of Planning Commission con-
tinuance by a vote of 6-0 until completion of the Redevelopment Environmental Impact Report. Council
received copies of the letter of appeal, staff reports from the Director of Public Works, Redevelop-
ment Agency Assistant Executive Director and Planning Director, and Planning Commission and Redevelop-
ment Agency minutes relating to this item.
Mr. Robert Greene, property owner, asked favorable consideration of his appeal and answered Council
questions regarding the fill operation. He said he was only using buildable fill but in order to in-
clude broken concrete with native hillside material the ordinance requires that he obtain a rubbish
permit.
Planning Commission Chairman Starkweather stated that the Commission action was based on the belief
that the EIR should be available before approval of any project which would have irreversible con-
sequences.
Mayor Bettini closed the public hearing.
Discussion included the estimated date for completion of the EIR, legal ramifications of approving
the permit prior to receipt of the EIR, City responsibility for insuring compliance with conditions
of a rubbish permit and the type of fill necessary for a park or similar use.
Motion by Councilman Jensen, second by Mayor Bettini, that the appeal be denied.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
IRE: RECOMMENDATIONS OF PARKS & RECREATION COMMISSION REGARDING SENIOR CITIZENS' USE OF COMMUNITY
CENTER - FILE 123 x 9-3-65
The Council received the Parks & Recreation Commission recommendations and opened the matter for public
discussion. It was agreed that the item would be referred to the City staff for further review prior
to Council decision.
Mr. Kenneth Cooke, 100 Oak Knoll Avenue, San Anselmo, President of the Goldenaires; Ms Adele Liebert,
149 Greenfield Avenue, San Rafael, immediate Past President; Mr. Frank Moitoza of Mill Valley, Record-
ing Secretary; and Carleton Little of San Anselmo addressed the Council. They urged that the Community
Center be open to residents and non-residents of San Rafael and that the date for relocation of the
Goldenaires be January 1, 1976.
Mr. Harry Simpson, San Rafael spoke in favor of limiting use of the Community Center to San Rafael
residents.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, that the Parks &
Recreation Commission recommendations be referred to the City staff, that they be instructed to furnish
cost figures with San Rafael residents only and with both residents and non-residents, and the item
be continued to the meeting of January 5, 1976.
C� J
RE: FINAL ADOPTION OF ORDINANCE NO. 1202 AMENDING SECTION 10.88.080 OF THE FORTUNE-TELLING ORDINANCE -
FILE 146
CHARTER ORDINANCE NO. 1202 - An ordinance of the City of San Rafael Amending Section 10.88.080 "Business
License" of the Municipal Code 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: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
RE: PETITION REGARDING FORTUNE-TELLING ORDINANCE - FILE 146
Mr. Jock McNutt, President of the San Rafael Chamber of Commerce, presented a petition objecting to a
palm reader establishment locating in downtown San Rafael and a letter requesting that a new ordinance
be adopted to prohibit such an establishment. He was advised that the petition will be scheduled on
the agenda.
RE: FINAL ADOPTION OF ORDINANCE NO. 1203 AMENDING TITLE 10, BUSINESS LICENSES, BY MODIFYING TIME LIMIT -
AUCTIONS - FILE 9-10 'a
CHARTER ORDINANCE NO. 1203 - An Ordinance of the City of San Rafael Amending Title 10, Chapter 10.76,
Auctions, by adding a stipulation to Section 10.16.030, Issuance of Permit - Time Limit, 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
FINAL ADOPTION OF ORDINANCE
FEES AND LIMITING ACCUMULATE
1204 AMENDING TITLE 10, BUSINESS LICENSES, BY ADDING SPECIFI
NALTIES - FILE 9-10 -./ 9_/� �.
CHARTER ORDINANCE NO. 1204 - An Ordinance of the City of San Rafael amending Title 10, Chapter 10.04,
entitled Business License, by adding subparagraph (Z) Auctions to Section 10.04.050, and by amending
Section 10.04.080 thereof, was adopted as an ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CONTINUED DISCUSSION ON USE PLAN FOR FALKIRK - FILE 9-3-65
The Council received a written report from City Manager Bielser recommending that action on the Falkirk
Use Plan be delayed and that the Council solicit feedback on the plan from homeowners and business
groups.
Mrs. Ann Batman, Cultural Affairs Commission Chairwoman, presented several items, including no smoking
in the building, fee schedule revision and formation of a volunteer group, which the Commission felt
merited an immediate decision.
Notion by Councilman Jensen, second by Councilman Nixon, that the Council accept the City Manager's
recommendation.
Following a short discussion on the motion, Councilman Nixon offered a substitute motion which was
seconded by Councilman Jensen and carried unanimously, that the Council accept the staff recommendation
that action on the Falkirk Use Plan be delayed and feedback on the proposed plan be solicited from home-
owners and business groups, that these people be invited to a workshop session to be scheduled, and in
the interim the staff prepare a long and short-term capital improvement budget.
,Motion by Councilman Jensen, second by Councilman Miskimen, that no smoking be permitted in the build-
ing.
Councilman Miskimen offered an amendment that no smoking be permitted except in a designated smoking
area readily available to smokers, to be established by the Cultural Affairs Commission.
The amended motion failed by the following vote:
AYES: COUNCILMEN: Jensen, and Miskimen
NOES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini
ABSENT: COUNCILMEN: None
The Council then voted on the original motion which carried by the following vote:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
A workshop session for the Council, staff, Cultural Affairs Commission and interested homeowners and
business groups was scheduled for January 26, 1976 at 8:00 P.M.
287
RE: ORDINANCE AMENDING TITLE 10, BUSINESS LICENSES, PERTAINING TO PEDDLERS AND SOLICITORS - FILE 9-1
An Ordinance of the City of San Rafael Amending San Rafael Municiapl Code Subsection 10.040.050 (P)
Peddler, and Amending Chapter 10.48 Thereof, and numbering Charter Ordinance No. 1207, was read, in-
troduced 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: REPORT ON BIDS - EXTERIOR PAINTING FIRE STATION NO. 1; EXTERIOR PAINTING AND INCIDENTAL REPAIR
PUBLIC LIBRARY - FILE 4-1-240
This item was continued to January 5, 1976, at the request of staff.
RE: REPORT ON BIDS - MISSION AVENUE IMPROVEMENTS - FILE 4-1-235
Motion by Councilman Jensen, second by Councilman Miskimen, to accept the bid of Ghilotti Bros., Inc.
in the amount of $7,835, as recommended by staff.
1RESOLUTION NO. 5078 - RESOLUTION OF AWARD OF CONTRACT (To Ghilotti Bros., Inc. for Mission
Avenue Improvements - 1975, Project No. 9635074.199.38)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECOMMENDATION OF THE CULTURAL AFFAIRS COMMISSION REGARDING DEMOLITION PERMITS FOR 815 AND 819
MISSION AVENUE - FILE 9-2-24 x 13-14-2
The Council received the Cultural Affairs Commission request that demolition permits not be issued un-
til the project proposed for the sites has cleared Planning and building permits have been issued,
and the City Attorney's opinion that, unless the Council designates the area as a Historical District,
there is no legal justification to withhold the Demolition Permits.
The Council endorsed the policy of staff referral to the Cultural Affairs Commission prior to Council
consideration for designation of historical landmarks.
RE: REQUEST FOR REPORT ON PLANNING ITEMS - FILE 10-2
At the request of Councilman Mulryan, the staff was instructed to prepare a comprehensive report as to
the causes for delays between time of filing an initial application with the Planning Department and
approval of the project, a status report on General Plan implementation and the anticipated schedule
with present staff, and a report on the pending ordinance regarding posting of gasoline prices, and
submit to Council on January 5, 1976 if possible.
RE: REQUEST FOR USE OF THE COMMUNITY RECREATION CENTER - FILE 9-3-65_
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to approve the pro-
posal by Grace Church for use of the Community Recreation Center on Sunday mornings and one Wednesday
evening every two months, subject to approval by the Parks and Recreation Commission.
RE: P.G. & E. PROPOSED RATE INCREASE FOR ENERGY CHARGES - FILE 9-11-5
Motion by Councilman Nixon, second by Councilman Jensen, to authorize the staff to prepare a complete
report on the services provided to the P.G.&E. Company, together with information on the company's
franchise and franchise fees and to instruct the staff to appear at the PUC hearing and oppose the
proposed rate increase.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
NON -AGENDA ITEM - RESOLUTION OF APPRECIATION - FILE 102
RESOLUTION NO. 5079 - RESOLUTION OF APPRECIATION TO CORNELIUS "NEIL" SULLIVAN
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned to January 5, 1975.
MARION A. GRADY, City Cler�
APPROVED THIS DAY OF 4` G 1976.
v
MAYOR OF THE CITY -OF SAN RAFAEL
C-
In the Council Chambers of the City of San Rafael, Monday, January 5, 1976, 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
i
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City
Attorney.
RE: CONSENT CALENDAR
i
Motion by Councilman Miskimen, second by Councilman Mulryan, to approve the recommended action on the;
following Consent Calendar items:
Item Recommended Action
Approval of Minutes of Regular Meeting of December
15, 1975.
Claim for Damages - Mikal Ann Scripture, Claimant -
File 3-1-205.
Approve as submitted to each Council member.
Deny and refer to insurance carrier and Humane
Society.
:1aim for Damages - Barbara Martin Myers, Claimant - Deny and refer to insurance carrier.
File 3-1-207.
Agreement with State Department of Finance for
Preparation of Population Estimate. (File 9-14 x
4-3-46)
Report on Proposed Senior Citizens Program. (File
123 x 9-3-65)
Emergency Repair to Aerial Ladder Truck. (File
9-3-31)
Lincoln Property Transfer. (File 5-7-3)
RESOLUTION NO. 5080 - RESOLUTION AUTHORIZING
EXECUTION OF AGREEMENT
Continue to January 19, 1976 meeting.
Approve expenditure from equipment replacement
fund.
RESOLUTION NO. 5081 - RESOLUTION CONSENTING E
TO THE TRANSFER OF TERRITORY DESIGNATED AS THE
LANDS OF LINCOLN TRANSFER FROM THE CITY OF LIN-
COLN TRANSFER FROM THE CITY OF SAN RAFAEL TO
THE CITY OF LARKSPUR.
Report on Bids - Exterior Painting Fire Station No. RESOLUTION NO. 5082 - RESOLUTION OF AWARD OF
1; and Exterior Painting and Incidental Repair Pub- CONTRACT Bud Kunst Painting and Decorating Con-
lic Library (File 4-1-240) tractor)
Request to Convey Green Belt Area to City by Peacock Approve proposed conveyance.
Gap Homeowners Association. (File 9-3-40 x 13-14-1)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: APPEAL OF DENIAL OF FORTUNE-TELLING PERMIT - MARIE UWANAWICH ADAMS - FILE 146 x 9-10-4 x 101 x 146
This item was removed from the Consent Calendar and continued to the second meeting in February.
RE: REQUEST OF DIXIE SCHOOL DISTRICT REGARDING VALLECITO TENNIS COURTS - FILE 9-3-65
This itme was removed from the Consent Calendar for discussion. Motion by Councilman Miskimen, second
by Councilman Mulrayn and unanimously carried, to refer the matter to the Parks and Recreation Com-
mission.
RE: GRANT OF KERNER BOULEVARD STREET RIGHT-OF-WAY - GARDINER SUBDIVISION - FILE 5-1-226 x 2-2
This item was removed from the Consent Calendar and the City Attorney confirmed that acceptance of the
right-of-way was in order.
RESOLUTION NO. 5083 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - KERNER BOULEVARD RIGHT-
OF-WAY.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: PUBLIC HEARING - DESIGNATION OF BOYD HOUSE AND FALKIRK AS HISTORICAL LANDMARKS - FILE 13-14-2
Mayor Bettini opened the public hearing. There was no one from the public wishing to speak and, fol-
lowing Council and staff discussion, the public hearing was closed. The matter was continued for 30
days and referred to staff for a more complete description of the property to be designated.
2,89
RE: FINAL_ ADOPTION OF ORDINANCE NO. 1207 PERTAINING TO PEDDLERS AND SOLICITORS - FILE 9-10 '
CHARTER ORDINANCE NO. 1207 - An Ordinance of the City of San Rafael amending San Rafael Municipal Code
Subsection 10.040.050 (P) Peddler and Amending Chapter 10.48 thereof was adopted as an ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: REPORT ON PLANNING ITEMS - FILE 10-2
The Council discussed the reports on (a) Speeding up the processing of applications, (b) Progress
report on General Plan Implementation schedule and (c) Request for new work priority schedule.
With respect to "a" the Council complimented the Director on steps 1, 2 & 3 which had already been
taken by the staff. On step #4, "transference of functions to a staff zoning administrator" the
Council instructed the City Manager to advise the Planning Commission that it should proceed with dis-
patch. On steps 5 and 6 the Council was favorable and instructed the Planning Department and Commis-
sion to move ahead with the preparation and action recommended.
With respect to "B" the Council instructed that the Park and Recreation Commission be advised by the
City Manager that it should rapidly complere its work on the "Park and Recreation Plan" addition to
the General Plan.
The Council agreed that a deadline should be placed on the return of items which are referred to com-
missions. The Manager was instructed to advise commissions of such deadline and that the item is to
remain on their agenda each meeting until completed. The Manger is to keep the Council informed as
to whether the commissions are acting with reasonable speed.
With respect to "c" the Council authorized to submit a "Work Priority Schedule" as recommended for
Council consideration.
RE: REPORT ON PRIORITY SETTING COMMITTEE ACTIONS - FILE 147
Following a report by City Manager Bielser, a motion by Councilman Miskimen to approve the staff re-
commendation to seek approval directly from the County Board of Supervisors for Housing and Community
Development Act funding allocation for the restoration of Falkirk and acquisition of the Menzies
property, was seconded by Councilman Nixon and unanimously carried.
RE: REQUEST FOR TEMPORARY AUTHORITY TO USE AND OCCUPY BUSINESS PREMISES AT 620 CANAL STREET - FILE
10-2
Mr. Peter G. Leiter, Attorney representing Mr. Michael Van Sanden, spoke under Persons Wishing to
Address Council. He presented a letter requesting the temporary authority pending consideration of a
use permit application by the Planning Commission.
The Council also received a report from the Code Enforcement Officer regarding code infractions at
620 Canal Street, and letters from Mr. Perka and Mr. Clayton.
Mr. Bill Perka advised that his boat is on the property for necessary repairs (the property owner had
permitted him to use the property for this purpose) and asked permission to finish repairing the boat,
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that staff be
directed to continue with processing of the use permit and prosecution, with the exception of that
relating to Mr. Perka, and Mr. Mr. Perka be given two months time to finish repairs and remove his
boat.
RE: DISCUSSION OF MASSAGE PARLORS - FILE 9-10-3
This item was on the agenda at the request of Councilman Nixon for discussion of an alternative to
the present ordinance. Following discussion of more restrictive regulation or banning massage parlors,
the staff was instructed to report in two weeks.
RE: REQUEST OF CHAMBER OF COMMERCE REGARDING REPEAL OF FORTUNE-TELLING ORDINANCE - FILE 9-10-4
Mr. Dick Rush, Chamber of Commerce Manager, referred to the petition signed by 80 San Rafael merchants
requesting that the fortune-telling ordinance be repealed and a prohibitive ordinance be adopted.
Motion by Councilman Nixon, second by Councilman Miskimen, that staff be directed to reevaluate the
existing ordinance and submit a report in thirty days relative to a more restrictive or prohibitive
ordinance.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: Jensen
RE: PARKS AND RECREATION COMMISSION RECOMMENDATION - FORMATION OF TENNIS CLUB - FILE 9-3-65
Following the staff report and discussion, Councilman Miskimen moved and Councilman Mulryan seconded
the motion to approve the formation of the San Rafael Tennis Club, that there be unlimited memberships
and free membership wherever necessary.
ME
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Mayor Bettini
ABSENT: COUNCILMEN: Jensen
RE: PARKS & RECREATION COMMISSION RECOMMENDATION - PROPOSAL FOR BICENTENNIAL BALL - FILE 9-2-23 "
The Council discussed with the staff, Helen Greving of the Bicentennial Committee, and H. R. Ghilotti
the possible combining of the Community Center dedication, open house, Bicentennial Ball and the pro-
posed Fireman's Ball. The matter was returned to staff for a report.
RE: PARKS & RECREATION COMMISSION RECOMMENDATION - SUN VALLEY PARK WALKWAY - FILE 11-20
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to approve the ''
acquisition of a portion of the property at 40 Windsor Avenue and Alpine Street for a pedestrian walk-
way to Sun Valley Park, as proposed by Mr. Laurence E. Wall, property owner.
RE: REPORT ON FOURTH STREET -MIRACLE MILE FAU PROJECT - APPROVAL TO NOTIFY PROPERTY OWNRS OF THE UNDER-
GP,OUNDING OF UTILITIES - FILE 11-15 x 12-18
Councilman Miskimen left the Council Chambers.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the staff
request to notify the affected property owners.
RE: REQUEST BY FIRST UNITED METHODIST CHURCH OF SAN RAFAEL TO ACQUIRE A RESIDUAL PIECE OF CITY PROP-
ERTY - FILE 2-10
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to authorize staff
to negotiate with the First United Methodist Church for the sale of City property.
RE: REQUEST FOR CITY TO ACQUIRE PROPERTY - GREENFIELD AVENUE AND THE MIRACLE MILE - FILE 2-7.1
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to authorize staff
to negotiate for the purchase of subject property.
RE: DISCUSSION OF DESIGN REVIEW - FILE 10-2
Motion by Councilman Nixon, second by Councilman Mulryan, to convey to the Planning Department and
Planning Commission our very real concern over the poor quality design taking place in the East
Francisco area, and direct them to make every effort to utilize much higher standards of design and
aesthetics in that area.
AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Miskimen
RE: REPORT ON BELLAM BOULEVARD PROJECT - FILE 11-15
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the re-
quest by Caltrans to co-sponsor the Bellam Boulevard Reconstruction Project for funding as an FAU pro-
ject.
Councilman Miskimen returned to the Council Chambers.
DISCUSSION OF STATE TRAINING PLANS - FILE 9-3-30
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to direct a letter
to the Office of the Governor indicating the City's support of the proposal for the State of California
to train National Guardsmen as police officers for use during times of strike and, in addition, recom-
mending that consideration be given to (1) expanding the training to fire fighting and (2) more tightly
worded laws prohibiting strikes by safety personnel.
RE: NON -AGENDA ITEM - RESCHEDULING OF COUNCIL MEETING - FILE 9-1
The rescheduling of the second February meeting was continued to January 19, 1976.
RE: NON -AGENDA ITEM - PROPOSED PROPERTY TRANSFER - FILE 5-7
At the suggestion of Councilman Miskimen, the staff was directed to contact the City of San Anselmo
regarding an exchange of land in the Racquet Club area to improve the boundary line of both Cities.
The City Council adjourned to the next regular meeting on January 19, 1976.
MARION A. GRADY, City Clerk (/
APPROVED THIS DAY OF VA,,7ca , 1976.
CITY OF SAN RAFAEL
291
In the Council Chambers of the City of San Rafael, Monday, January 19, 1976, 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: CONSENT CALENDAR
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action on the
.following Consent Calendar items:
Item Recommended Action
Approval of Minutes of Regular Meeting of January Approve as submitted to each Council member. I
5, 1976.
Claim for Damages - Mark Louis Berardi, by and Deny and refer to insurance carrier.
through his Parent and Natural Guardian, Louis
Berardi - File No. 3-1-11-10.
Report on ContempoMarin Mobile Home Park Inspec- Adopt enclosed report.
tions (File 9-3-32 x 13-7-1
Recommendations of Library Board Regarding Webb Approve recommendation.
fund. (File 9-2-3 x 9-3-61)
Modification of Cooperative Agreement with County RESOLUTION NO. 5084 - A Resolution of the City
of Marin Regarding Housing and Community Develop- Council of the City of San Rafael Modifying the
ment Act (File 4-13-38 x 147) Cooperation Agreement with the County of Marin fors
Fiscal Year 1976/1977.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - REZONING FROM C-1 TO C-1 (Z75-11), 4136-4140 REDWOOD HIGHWAY, GIDEON SOROKIN,
OWNER - FILE 10-3
Mayor Bettiniopened the duly advertised public hearing and noted that Council had been furnished copies
of the staff report, Planning Commission action recommending the change of zone and the proposed
ordinance.
There were no questions or comments from the Council or the audience and the public hearing was closed.
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 C-1 (Restricted Commercial) District to C-2 (General Commercial) District, and number-
ing Charter Ordinance No. 1208, 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: REPORT ON SENIOR CITIZEN PROGRAM
City Manager Bielser referred to his written report and enumerated the staff recommendations.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, that the program be
open to all residents of Marin County and the deficit be absorbed by the City.
Motion by Councilman Mulryan, second by Councilman Jensen, and unanimously carried, to approve the
recommended staffing plan to use existing City staff together with any available volunteer help.
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to approve the
budget estimate as being a reasonable guideline for the rest of the fiscal year.
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to authorize the
staff to prepare a memorandum of understanding between the City and the Seniors with the proviso that
all Marin County Senior Citizens, whether or not they are Goldenaires, be included and present to
Council for approval.
RE: REPORT ON FORTUNE-TELLING ORDINANCE - FILE 146 x 101 x 9-10-4
City Attorney Connick reviewed his written report.
A motion by Councilman Jensen, seconded by Councilman Nixon, to rescind the present ordinance and
issue no permits or licenses until another ordinance is adopted was later withdrawn.
292
Motion by Councilman Nixon, second by Councilman Jensen to instruct the City staff to issue no permits
under the fortune-telling ordinance for a period of 90 days.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Hulryan
ABSENT: COUNCILMEN: None I
Motion by Councilman Jensen, second by Councilman Nixon, to instruct the City Attorney to prepare an
ordinance for Council consideration that would prohibit fortune-telling for compensation, prohibit
advertising, exempt religious organizations and fortune-telling without pay.
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Mulryan
ABSENT: COUNCILMEN: Noen -�
The City Attorney was also instructed to further research Court cases pertaining to fortune-telling.
RE: CITY SOLID WASTE MANAGMENT PLAN - FILE 13-2
The Council discussed the staff report. Mr. Wellman, Chairman of the County Solid Waste Management
Committee, urged that the Council reconsider participation in the County -Wide Plan. Marie Woelfl
spoke in support of a City Solid Waste plan.
Motion by Councilman Nixon, second by Councilman Miskimen, to approve the modified County Solid Waste
Management, Plan.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to advise the Board
of Supervisors that the City is totally opposed to spending additional monies for staff, recycling,
advertisement, or any expenditure of funds to implement and maintain the County -City Solid Waste
Management Plan, particularly in the light of today's harsh economic realities.
RE: SETTING OF MEETING DATE FOR SECOND MEETING IN FEBRUARY - FILE 9-1
In line with Government Code Section 54954, the Council set February 17, 1976 for the second February
meeting.
RE: REQUEST OF SHIRLEY MANNING, 110 LOCH LOMOND DRIVE - FILE 144
Ms. Shirley Manning spoke under "Persons Wishing to Address Council" concerning Notices of Violation
of Zoning Ordinances 14.60.020 and 14.96.020 which she and other persons living aboard houseboats
have received. She presented a written request that the City temporarily stop issuance of such notices
of violation, withdraw or cancel those that have been issued, and that Council consider establishing
rules and regulations for houseboat residences.
Following Council discussion, a motion by Councilman Mulryan that the matter of waterborne residences
be referred to the staff and to the Canal Committee for appropriate action and report, was seconded
by Councilman Miskimen and unanimously carried.
The staff was directed to continue enforcement in the interim.
RE: REPORT OF CULTURAL AFFAIRS COMMISSION REGARDING BICENTENNIAL CONTEST - FILE 9-2-23
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to approve the
design for the proposed San Rafael City Bicentennial Plaque submitted by Mr. Joseph Fraizer as recom-
mended by the Cultural Affairs Commission, and enter into a written agreement with Mr. Fraizer in line
with the staff recommendation.
RE: REQUEST OF SAN RAFAEL VOLUNTEER FIRE DEPARTMENT REGARDING BICENTENNIAL BALL - FILE 9-2-23 x 104
a-1-11
Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to allow the use of the
San Rafael Community Center for the 102nd Annual Dance to be held on May 29, 1976 and waive the fees
for the use of the Center.
RE: DISCUSSION OF RECREATION CENTER DEDICATION - FILE 9-3-65
Motion by Councilman Mulryan, second by Councilman Miskimen, that a public open house be held on Sun-
day afternoon, February 29, 1976, for dedication of the San Rafael Community Center. The motion car-
ried unanimously.
Mayor Bettini left the Council Chambers. Acting Mayor Mulryan presided.
RE: REPORT ON GASOLINE PRICE SIGN RECOMMENDATIONS OF PLANNING COMMISSION - FILE 10-3 x 125
The Planning Director presented a report on the Planning Commission action.
Motion by Councilman Miskimen, second by Councilman Jensen, to set a public hearing for February 2,
1976
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CITY SANITARY SEWER SYSTEM INFILTRATION
TO MEET REGIONAL
12-6 x 12 -
293
NTROL WORK FOR ELIMINATION OF BY-PASSING - PROPOSED
TER QUALITY CONTROL BOARD REQUIREMENTS - FILE 9-3-40 x
Motion by Councilman Jensen, second by Councilman Nixon, to adopt the staff recommendation to approve
the proposed time table and program.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON MARIN MUNICIPAL WATER DISTRICT MORATORIUM - FILE 151
City Manager Bielser gave the staff report.
Mayor Bettini returned to the Council Chambers.
Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to instruct the
staff to prepare a letter to the Marin Municipal Water District conveying the City's support of the
proposed program.
Mr. J. Dietrich Stroeh, General Manager of the Marin Municipal WAter District, asked that the Council
also support the Negative Declitration.
Mrs. Tina Ferris, Mr. Dick Fox and Mr. Jim Mahoney suggested that any City support be delayed until
after the Water District public hearing.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, that, on the basis
of the available information, the Council feels that a Negative Declaration is proper.
Councilman Nixon was authorized to represent the City at the meeting of the Marin Municipal Water Dis
trict Wednesday evening.
Mayor Bettini resumed Chairmanship of the meeting.
RE:- 1976 SAN RAFAEL TOWN MEETING SUGGESTIONS - FILE 103
The Council accepted a report by Councilman Mulryan regarding a resolution adopted by the Town Meeting
Association opposing any tax increase, asking thorough review prior to establishing a utility tax,
and public participation in the budget process. It was noted that public hearings will be held, as
in the past years, before adoption of the 1976/77 budget.
Councilman Mulryan left the Council meeting.
RE: REQUEST OF UNITED CEREBRAL PALSY ASSOCIATION - FILE 120
Motion by Councilman Nixon, second by Councilman Miskimen, to grant the request to conduct a Walk-a-
Thon on April 3, 1976, subject to Police Department review.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: DISCUSSION OF ASSEMBLY BILL 331 AND SENATE BILL 1294 - FILE 116
City Manager Bielser reported that Assembly Bill 311 has been defeated and presented that League
request that cities contact legislators asking that Senate Bill 1294 be referred to the Committees
on Revenue and Taxation.
Motion by Councilman Miskimen, second by Councilman Jensen, that the City contact Assemblyman Wornum
as suggested by the League of California Cities.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: RESOLUTION OF APPRECIATION TO H. "RUSTY" GHILOTTI - FILE 102
RESOLUTION NO. 5085 - RESOLUTION OF APPRECIATION TO H. "RUSTY" GHILOTTI
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: RESOLUTION URGING ALLOCATION OF FEDERAL FUNDS FOR DREDGING OF SAN RAFAEL CREEK IN 1976 - FILE
ig-in
RESOLUTION NO. 5086 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL URGING
ALLOCATION OF FEDERAL FUNDS FOR DREDGING OF SAN RAFAEL CREEK
2 9 J-14
AYES: COUNCILMEn: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: REPORT ON PARKING STRUCTURE REPAIRS - FILE 12-14
Motion by Councilman Nixon, second by Councilman Miskimen, to instruct the staff to secure informal
bids and proceed with the work, the cost to be paid out of the Parking District reserve funds.
RE REPORT ON MASSAGE PARLOR ORDINANCE - FILE 9-10-3
The Council received a written report from City Attorney Connick and instructed that this item be
scheduled on the next agenda.
RE: COVENANT LIMITING OFFICE USE OF RESIDENCE, 1744 LINCOLN AVENUE - FILE 4-11
RESOLUTION NO. 5087 - RESOLUTION AUTHORIZING SIGNING OF COVENANT.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: EXECUTIVE SESSION
The Council met in Executive Session in Room 201 to discuss property acquisiton. No action was taken.
The Council adjourned.
C'
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF , u G 1976
&AW17449e /104t;7
MAYOR OF THE CITY Or -SAN RAFAEL
295
In Room 301, Monday, January 26, 1976, at 8:00 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
The following members of the Cultural Affairs Commission were present: Helga Epstein, Mary Dekker,
Patricia Meyer and Chairman Ann Batman.
RE: FALKIRK USE PLAN - FILE 9-3-65 x 9-10-2
The Council discussed with the Commission the proposed Use Plan for Falkirk including uses as pro-
posed by the Commission; financial policy including the tax levy and income from rentals.
Moved by Councilman Nixon, seconded by Councilman Jensen, that the Capital Budget and Operating Bud
get for Falkirk be limited to taxes raised, rental income, State and Federal grants, donations, sales
of art work and admissions to events.
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSTAIN: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: Mulryan
In answer to the question raised by City Manager Bielser, it was moved by Councilman Nixon, seconded
by Councilman Miskimen and unanimously carried that for the next fiscal year allocated time be
directly charged to the Falkirk budget and the overhead burden not be charged but a record kept of
time spent by staff.
The Commission members agreed to draw up a list of specifics for inclusion in an architectural Master
Plan and it was moved by Councilman Nixon, seconded by Councilman Miskimen and unanimously carried
that the Commission and staff would proceed to prepare a call for architects and start the selection
process.
Moved by Councilman Nixon, seconded by Councilman Miskimen and unanimously carried to approve the
request of the Commission that they be permitted to review, prior to acceptance or purchase, any
donation of furniture or decorations.
The Commission was requested to begin work on a Master Plan for the restoration of the Falkirk
grounds.
Councilman Jensen was excused from the meeting at 9:30 P.M.
The Council also discussed and approved the Commission's development of a volunteer program and ap-
proved the hiring of a half-time receptionist with the expenditure not to exceed $3,000 between now
and June 30, 1976.
City Manager Bielser suggested that a policy for use be established and it was agreed that San Rafael:
residents be given priority in the scheduling of events.
The Council discussed the proposed fee schedule for the use of Falkirk and postponed action until
the Parks and Recreation Commission recommendations for fees at Falkirk and Community Centers in
San Rafael and in Terra Linda are presented. It was also agreed that a provision for the waiver of
fees should be included.
The Council approved the Commission's recommendation that office space be rented in the 1927 second
Ifloor wing. The rental will be to non-profit and culturally oriented groups and the leases would be
approved by the City Council.
In the summary of the proposed use plan (Page 6, item 6) it was agreed to change the word "establish'
to "recommend."
MARION A. GRADY, City Clerk
APPROVED THIS DAY OFe /< -c < , 1976.
610010100��a -
MAYOR OF THE CITY F SAN RAFAEL
2ei'6
In the Council Chambers of the City of San Rafael, Monday, February 2, 1976, 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: CONSENT CALENDAR
Motion by Councilman Miskimen, second by Councilman Jensen,
dar except Items Nos. 5, 6 and 9, as follows:
Item
Approval of Minutes of the Regular Meeting of January 19,
1975.
Claim for Damages - Eric Lee Johnson, Claimant, by and
through his Parent and Natural Guardian, Lee Carl Johnson,
File No. 3-1-206.
Claim for Damages - Bob Eberhart, Claimant - File 3-1-214.
East San Rafael Drainage Assessment District No. 1 - Grant
of Pipeline Right-of-way to Marin Municipal Water Dis-
trict. (151 x 2-14)
Withdrawal of Appeal - Denial of Fortune -Telling Permit -
Marie Uwanawich Adams. (9-10-4)
to approve all items on the Consent Calen-
Recommended Action
Approve as submitted to each Council
member.
Deny and refer to Insurance Carrier.
Deny and refer to Insurance Carrier.
RESOLUTION NO. 5088 - Authorizing execution
of Grant Deed.
Accept withdrawal.
Report on Senior Citizen Program and Memorandum of Under- RESOLUTION NO. 5090 - Authorizing the
standing - File 123 x 4-10-86. signing of a lease or agreement (Memo-
randum of Understanding, San Rafael Golden-
aires).
Designation of Boyd House and Falkirk as Historic Land- Continuance, for the development of further
marks. (FILE 13-14-2) information from the staff.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DRAFT OF PROPOSED RULES, REGULATIONS AND FEE SCHEDULE FOR RENTAL OF CITY FACILITIES - FILE 9-10-2Ix
9-3-65
!Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, that in addition to
(referral to the Parks and Recreation and Cultural Affairs Commissions the Council suggest that they
consider the use of a six -months trial basis for rental of all three City facilities.
RE: AGREEMENT FOR USE OF RECREATION CENTER WITH GRACE CHURCH OF MARIN - FILE 4-10-87
RESOLUTION NO. 5089 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT.
`AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
IRE: REQUEST FOR WAIVER OF BUSINESS LICENSE FEE -AMY SIEGEL, 123 KINROSS DRIVE - FILE 9-10-2
Following a short discussion of the staff recommendation of denial, a motion by Councilman Mulryan that
the request be denied was seconded by Councilman Jensen and unanimously carried.
RE: PUBLIC HEARING - PUBLIC NUISANCE ABATEMENT, 47 JEWELL STREET, REESE MARIN, OWNER - FILE 3-3 x
1�_o
ayor Bettini opened the public hearing. Council had received copies of a memorandum from the City
ttorney, a memorandum from the Public Works Director, and an Order to Show Cause Re Abatement of Public
uisance. The required public hearing notice was mailed to surrounding property owners.
ublic Works Director Caillouette reviewed his written report and answered Council questions. City
ttorney Connick advised that the Council should at this time determine if a public nuisance exists
nd, if so, action should be taken to protect the public. He also noted that the Attorney for the
roperty owners has agreed to the waiving of the ten-day written notice prior to the public hearing
ate which was confirmed by Attorney Peter Breckhus.
. Reese Marin, owner of the property at 47 Jewell Street, narrated events from the time a drainage
pe under his basement broke in March, 1975 causing $10,000 damage and January, 1976, when he plugged
e pipe. He said they were not aware of the existence of the pipe when they purchased the house.
297
Mr. Peter Breckhus, Attorney for Mr. and Mrs. Reese Marin asked that the City not go forward with a
nuisance abatement and felt there was less chance of damage with the present situation than that which
existed before the pipe broke.
Mrs. Helen Mehocich, 46 Jewell Street, said that the drainage pipe was put in by a previous owner prior
to the construction of the house. Joseph Strickler, 20 Jewell Street, and Ian Young, 60 Jewell Street,
also spoke.
Mayor Bettini closed the public hearing.
Following discussion, a motion by Councilman Mulryan to continue the item to the next meeting was
seconded by Councilman Nixon and unanimously carried.
The staff was instructed to secure cost estimates for the repair and coordinate with the property
owners regarding their assuming the cost. The Council authorized the City Attorney to delay the pre-
liminary injunction hearing.
RE: PUBLIC HEARING - PRESENTATION ON MARINA FEASIBILITY STUDY - FILE 140 x 10-2
Mayor Bettini opened the public hearing. The Council had received copies of the staff report and time
schedule and the Citizens Advisory Committee and Planning Commission recommendations that Alternate
Site "C" be pursued in the feasibility study.
Mr. Dan Coleman, consultant for the feasibility study, assisted by consultants Frank C. Boerger and
Arnold Finn, made a presentation of Alternates "A," "B," and "C."
Mr. Kevin O'Keefe, 193 Bayview Drive, commented on public ownership versus private ownership of marinas
and urged the inclusion of open bidding procedures.
Mayor Bettini closed the public hearing.
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to select Plan "C"
for the feasibility study.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (ED75-40) EXTERIOR COLORS, 1531 FOURTH
STREET, CAIN'S TIRES, INC. - FILE 10-7
Mayor Bettini opened the public hearing on the appeal by Mr. George Douglas Vaughn, Attorney for Mr.
Pat McAlonan, of the Planning Commission's denial of a further continuance of his application.
Mr. Vaughn, Attorney, represented the applicant in asking that his appeal be granted.
Planning Director Hotchner reviewed the background on this application and the Planning Commission
decision. Council had been furnished copies of the letter of appeal, staff reports and Planning Com-
mission minutes.
Mayor Bettini closed the public hearing.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, that the appeal be
granted.
Mr. Hotchner asked if the property owner and the Attorney could be present at the Planning Commission
meeting on February 10, 1976. Both gent?ement indicated they would attend.
RE: PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE RELATIVE TO POSTING OF GASOLINE PRICES - FILE 10-3
x 125
Mayor Bettini opened the public hearing. Council had received copies of the staff report with three
proposed drafts and the Planning Commission minutes, recommending that Draft No. 2 be adopted.
There were no speakers from the audience and the public hearing was closed.
Motion by Councilman Mulryan, second by Councilman Jensen, that an ordinance be passed to print pro-
viding for mandatory posting of signs with operator discretion as to placement of the signs.
AYES: COUNCIL"MEN: Jensen and Mulryan
NOES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Miskimen, that Draft No. 2 be approved.
An Ordinance of the City of San Rafael Amending Section 14.12.060, Subsection 14.12.060(q)(6) of the
iMunicipal Code Relating to Service Station Signs, and numbering Charter Ordinance No. 1209, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1208, REZONING PROPERTY AT 4136-4140 REDWOOD HIGHWAY FROM C-1 TO
C-2 - FILE 10-3
CHARTER ORDINANCE NO. 1208 - An Ordinance Amending the Zoning Map of the City of San Rafael, California,
298
adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to
Reclassify Certain Real Property from C-1 (Restricted Commercial) District to C-2 (General Commercial
District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECOMMENDATIONS OF PARKS AND RECREATION COMMISSION REGARDING VALLECITO TENNIS COURTS - FILE 9-3-65
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to adopt the Com-
mission recommendation that the court sign be changed to read, "San Rafael and Dixie School District
Residents Only."
RE: PROPOSED ORDINANCE AMENDING FORTUNE-TELLING ORDINANCE - FILE 146 x 9-10-4
This item was continued to February 17 at the request of staff.
RE: PROPOSED ORDINANCE AMENDING MASSAGE PARLOR ORDINANCE - FILE 9-10-3
This item was continued to February 17 at the request of staff.
RE: REQUEST RELATING TO PYRACANTHA BUSHES IN MEDIAN STRIPS - SAN PEDRO ROAD - FILE 11-6
Mrs. Jeanne Cohn, 33 Manderly Road, presented a petition requesting corrective action. She suggestdd
that the City either replace the bushes with other shrubs or cut the berries, as the birds are feeding
on them, becoming intoxicated and causing a traffic hazard. Other speakers were Ms. Snyder of Corte
Madera and Mrs. Sue Lifschiz of 27 Dunfries Terrace. The problem was discussed an s a authorized
to advise the cost of replacing the shrubs, and to prune the berries only if time permits.
RE: INTRODUCTION OF BARBARA SCHOETZ - FILE 7-5
City Manager Bielser introduced Barbara Schoetz, the City's new Senior Planner.
RE: COMMUNICATION REGARDING TURSKI PROPERTY - FILE 10-2 x 13-14-1
Mr. Vladimir Turski and his representative from the firm of Bianchi, Hoskins & Rosenberg, speaking in
connection with a pending option agreement, asked that the Council agree that traffic on Lucas Valley
Road would not be a factor in determining density on 10.7 acres adjacent to Lucas Valley Road on the
westerly side of Fireman's Fund development.
The item was referrdd to the Planning Department for report to the Council on February 17, 1976.
RE: SPECIAL CENSUS - FILE 9-14 x 4-13-46
RESOLUTION NO. 5091 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Joint
Powers Agreement with the County of Marin Relevant to the Special
Census)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF SIGN ORDINANCE - FILE 125
Mrs. Sue Lifschiz presented a petition urging the Council to make every effort within the legal restric-
tions to maintain the basic intent and impact of the current sign ordinance.
Mr. Dick Rush, Executive Vice President of the Chamber of Commerce, asked that the City work with them
to redesign a new ordinance of mutual benefit.
On the advice of City Attorney Connick, this item was continued to Executive Session for discussion,
since it involves pending litigation.
RE: NON -AGENDA ITEM - PROPOSED STREET EXTENSION - FILE 11-1
The City Manager was authorized to meet with people on Francisco Boulevard regarding street exten-
sion from Second Street to Rice Lane and the Railroad's application for Main Line removal.
RE: NON -AGENDA ITEM - REFERRALS TO CITIZENS ADVISORY COMMITTEE ON REDEVELOPMENT - FILE 140
The Council discussed the Citizens Advisory Committee's request for referral, and the staff was
directed to furnish all Agendas of the Planning Commission containing Redevelopment items to the
Committee.
RE: NON -AGENDA ITEM - MEETING REGARDING COMMUTER TAX - FILE 9-12
Councilman Miskimen was authorized to represent the City at the meeting of the Board of Supervisors
regarding the Commuter Tax.
299
The Council convened in Executive Session to discuss employee negotiations and pending litigation.
The Council adjourned to the next regular meeting on February 17, 1976.
MARION A. GRADY, City Cler k
APPROVED THIS ,' l DAY OF e /, 1976.
&e:�a 6Z40
MAYOR OF THE CITY OF SAN RAFAEL
300
In the Council Chambers of the City of San Rafael, Tuesday, February 17, 1976, at 8:00 P
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. Cc
City Attorney.
RE: PRESENTATION OF SAN RAFAEL CENTENNIAL YOUTH AWARD - FILE 104.1
The second San Rafael Centennial Community Youth Award was presented to Laurie Hutchison
Silvernale of the San Rafael Centennial Trust Committee. The award consisted of a $100 check, a
bronze Centennial coin, and Miss Hutchison's name inscribed on the plaque which is kept in the Mayor's
office. Certificates and Centennial coins were presented to runners-up Chris Bettini, Fred Ferrer,
Mike Froman, Peter Joost, Bill Power, Linda Shoers, Donna Walker and Kathy Burkhardt (Kathy was not
present). Mayor Bettini offered congratulations on behalf of the Council.
RE: CONSENT CALENDAR
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the recommended action of the
following Consent Calendar items:
Item
Recommended Action
Approval of Minutes of Special Meeting of January 26, Approve as submitted to each Council member.
1976 and Regular Meeting of February 2, 1976.
Modif4cation of Cooperation Agreement for Housing and RESOLUTION NO. 5092 - A RESOLUTION OF THE
Community Development Act. File 4-13-38 CITY COUNCIL OF THE CITY OF SAN RAFAEL
MODIFYING THE COOPERATION AGREEMENT WITH THE
COUNTY OF MARIN FOR FISCAL YEAR 1976/1977
Proposed Flood Control District Budget.
File 8-5 x 4-13-43
Approve as suggested by staff. (10 cent tax
rate)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABS ENT: COUNCILMEN: None
RE: FEES FOR CONSTRUCTION OF JAPANESE TUB BATHS - FILE 9-10-2 x 9-3-32
This item was removed from the Consent Calendar by Councilman Mulryan for an explanation of the costs
used to determine the amount of the fee.
RESOLUTION NO. 5093 - RESOLUTION FIXING FEE FOR CONSTRUCTION OF JAPANESE BATH TUBS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FROM PRINCIPAL OF DON TIMOTEO SCHOOL REGARDING SUGGESTED PLAYGROUND IMPROVEMENTS - FILE
12-5
At the request of Councilman Mulryan, this item was continued to March 1, 1976 and the staff was in-
structed to provide a cost estimate for Council review prior to referral to the Parks & Recreation
Commission.
RE: FINAL ADOPTION OF ORDINANCE NO. 1209 RELATING TO POSTING OF GASOLINE PRICES - FILE 10-3 x125
Councilman Mulryan filed petitions containing 20 signatures requesting adoption of an ordinance for
mandatory gasoline price signs as opposed to Ordinance 1209. The petitions had been presented to him
this date. He asked that Council consider this request.
CHARTER ORDINANCE NO. 1209 - An Ordinance of the City of San Rafael amending Title 14 of the San Rafael
Municipal Code Sectio 14.12.06 - Signs not Requiring Sign Review, was adopted as an ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen and Mulryan
ABSENT: COUNCILMEN: None
RE: CONSIDERATION OF URGENCY AMENDMENTS TO THE SAN RAFAEL SIGN ORDINANCE - FILE 125
The Council had received colies of the staff reports and a proposed urgency ordinance, prepared at
Council direction, and petitions containing 44 signatures urging that the basic intent and impact of
the current sign ordinance be maintained.
Mr. Dick Rush, Executive Vice President and General Manager of the Chamber of Commerce, presented a
letter from Mr. Richard A. Aunger of Midas Muffler Shops opposing the pursuit of the sign ordinance
issue through the courts. Mr. Rush; Mr. Peter Brekhus, Attorney for the Chamber of Commerce; Mr. Carl
Heyman, who represented the Sign Users Council of California including approximately 60 users in San
301
Rafael; and Mr. Robert Hoffman, a San Rafael businessman, opposed adoption of the urgency ordinance.
A draft ordinance prepared by the Chamber of Commerce was presented for consideration and referral to
the Planning Commission for public hearings, and input from the business community was urged.
In the ensuing discussion, Councilman Nixon summarized three motions at the end of the last Executive
Session: (1) To appeal the Court decision, (2) To have a hearing tonight to consider an urgency ordi-
nance amending existing sign ordinance, and (3) Inviting the Chamber of Commerce to present a draft
of an entire new ordinance for consideration.
Motion by Councilman Mulryan, second by Councilman Miskimen, to adopt the proposed Urgency Ordinance.
An Urgency Ordinance of the City of San Rafael repealing: Subsection 14.12.02(27), Subsection 14.12.03
B, and Subsection 14.12.04 D of the San Rafael Municipal Code, and numbering Charter Ordinance No.
1210, was adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to direct the
Planning Commission and Planning Staff to place high priority on complete review of the sign ordinance
situation in San Rafael and report back to Council at the second March meeting with a plan for conduct-
ing this review.
The staff was directed to continue enforcement of the sign ordinance in the same manner as before the
court action.
RE: COMMUNICATION REGARDING TURSKI PROPERTY - FILE 10-2 x 13-14-1
This item was continued until further notice at the request of Mr. Turski.
RE: REPORT ON COST ESTIMATE OF JEWELL STREET DRAINAGE MATTER - FILE 3-3 x 13-9
The Council received a staff report containing cost estimates for repair or replacement of the drainage
pipe.
Mr. Anthony Bottini stated that he was the property owner who had installed the drain pipe across the
then -vacant lot, in a natural waterway.
The Council discussed the drainage problem with the staff, Mr. Marin and his Attorney, Mr. Brekhus,
and possible solutions such as the formation of an assessment district were mentioned.
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, that the City not
participate financially in the repair or rerouting of the pipe.
It was noted that the mandatory injunction is scheduled before the court on February 23, 1976.
RE: REPORT ON HOUSEBOATS - FILE 144 x 10-2
Following discussion regarding the Citizens Advisory Committee and staff recommendations, a motion by
Councilman Mulryan that the item be referred to the Planning Commission and indicate the Council's
interest in the Commission's ideas on a regulatory approach, was seconded by Councilman Nixon and
carried unanimously.
Councilmen Jensen and Miskimen left the Council Chambers.
RE: REPORT ON REMOVAL AND REPLACEMENT OF PYRACANTHA BUSHES I
IAN STRIPS - FILE 11-6
Motion by Councilman Mulryan, second by Councilman Nixon, to authorize staff to continue pruning on a
seasonal basis as recommended.
AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Miskimen
IRE: REPORT ON DESIGNATION OF BOYD HOUSE AND FALKIRK AS HISTORIC LANDMARKS - FILE 13-14-2
Councilman Jensen and Miskimen returned to the Council Chambers.
Assistant to the City Manager Meador advised that the Cultural Affairs Commission and staff are now in
agreement regarding the exclusion of the tennis court from the Boyd House designation and the recom-
mendations differ only in regard to the Mission Avenue realignment. Cultural Affairs Commission Chair-
man Batman presented the Commission recommendation for the designation of Falkirk.
Motion by Councilman Mulryan, second by Councilman Nixon, that the landmark status for Falkirk include
from the property line along Mission to the western edge of the driveway, then in a straight line to
the left hand edge of the greenhouse, up to and including the kitchen on the north, and to the Elk's
property on the east.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
30
Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the staff rec
the Boyd House landmark designation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON MEETING WITH RAILROAD USERS AND FRANCISCO BOULEVARD BUSINESSES - FILE
Motion by Councilman Nixon, second by Councilman Mulryan, to approve the recommendation that the staff
be authorized to work with the Railroad, the property owners and General Motors Corporation to effect
the settlement of the staff's proposed Francisco Boulevard extension plan. The motion carried unani-
mously.
RE: PROPOSED AMENDMENT TO MASSAGE PARLOR ORDINANCE - FILE 9-10-3
City Attorney Connick and Police Chief Kelly commented on the staff recommendation.
Mr. Larry Mead, owner of Alter Ego Studios, objected to any ordinance changes without notification to
the affected businesses. It was explained that any amendment would be published prior to final adop-
tion.
An Ordinance of the City of San Rafael amending San Rafael Municipal Code Section 8.34.040, Section
8.34.060, Section 8.34.090, Section 8.34.150 and Section 8.34.160 thereof, and numbering Charter
Ordinance No. 1211,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
The Council directed the Planning Commission to consider use permit requirements for massage parlors
in the C-2 zone.
RESOLUTION NO. 5094 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING FEES
FOR MASSAGE PARLORS AND MASSAGE TECHNICIANS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and MayorBettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED AMENDMENT TO FORTUNE-TELLING ORDINANCE - FILE 146 x 9-10-4
An Ordinance of the City of San Rafabl repealing in its entirety Chapter 10.88 of the San Rafael
Municipal Code entitled Fortune -Telling Licensing and Regulation - and adding a new Section 8.12.050
Prohibiting Fortune -Telling, and numbering Charter Ordinance No. 1212, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
RE:RECOMMENDATIONS OF COMMISSIONS REGARDING RULES, REGULATIONS AND FEES FOR USE OF CITY FACILITIES - FILE
9-10-2 x 9-3-65
Following the staff report and discussion, the Council took the following action:
Motion by Councilman Nixon, second by Councilman Mulryan, to adopt the fee structure as shown, with the
change in Section III recommended by the Cultural Affairs Commission: "Under Group 3, change $5.00/hr
to $4.00/hr, and under Group 4, change $10.00/hr to $8.00/hr."
AYES: COUNCILMEN: Jensen, Mulryan, and Nixon
NOES: COUNCILMEN: Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
A motion by Councilman Jensen to reconsider the preceding motion was seconded by Councilman Miskimen
and carried by the following vote:
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: Mulryan and Nixon
ABSENT: COUNCILMEN: None
On reconsideration, the initial motion failed by the following vote:
AYES: COUNCILMEN: Mulryan and Nixon
NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion by Councilman Miskimen, second by Councilman Jensen, to adopt the fee structure as shown, with
the change in Section III recommended by the Cultural Affairs Commission "Under Group 3, change $5.00/hr
to $4.00/hr, and under Group 4, change $10.00/h4 to $8.00/hr," and combine Group 2 and Group 3 categories
using the lower (Group 2) fees.
AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini
NOES: COUNCILMEN: Mulryan and Nixon
ABSENT: COUNCILMEN: None
303
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to adopt amendments'
as presented by the Cultural Affairs Commission with the exception of the recommended additon on page
2 of the sentence. "There will be no functions for direct private gain."
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to adopt Item No.
5 of the Parks & Recreation Commission recommended revisions, adding on page 3: "7. Fees may be waived
at the discretion of the City Manager."
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to adopt Item No.
6 of the Parks & Recreation Commission recommended revisions, adding on page 5: "There will be no
functions for direct private gain."
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to adopt Items Nos.
7 and 8 of the Parks & Recreation Commission recommended revisions, adding on page 6: "Rules may vary
slightly from facility to facility. Please check your use permit."; and amending Item 13 of the San
Rafael Community Center regulations to read: "... For every ten 10 minors using a given facility,
one adult chaperone...", and Item 13 of the Terra Linda Recreation Center Regulations be amended
accordingly.
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carried, to delete Item 2
under Additional Considerations, page 3 which read: "When alcohol is served, a $25.00 per day surcharge
will be levied."
RE: DISCUSSION OF PROPOSED LANDSCAPING ADVISORY COMMITTEE - FILE 9-2
Pursuant to his request for direction regarding proposed appointment of a citizens group by the San
Rafael Cultural Affairs Commission to work on landscaping of the Falkirk grounds, City Manager Bielser
was instructed to inform the Commission of the Council policy that no such appointments are to be made
by any Council -appointed Commission or Committee.
RE: MEMORANDUM REGARDING ALLARDT'S CANAL - FILE 12-10
Councilman Nixon left the Council meeting.
March 29, 1976 was tentatively scheduled for a meeting with members of the City staff, the State Lands
Commission and property owners, for the purpose of developing a policy for resolving boundary settle-
ments in the Allardct's Canal area.
The Council members agreed that Mr. R. N. Clayton be able to file applications with the Planning Com-
(mission prior to final boundary settlement.
RE: DISCUSSION OF CHARTER AMENDMENTS FOR JUNE, 1976 ELECTION - FILE 1-1
Motion by Councilman Mulryan, second by Councilman Jensen, to direct the staff to prepare ballot word-
ing for amendment of the Charter at the June election, combining potential changes Nos. 1 and 2 of
City Manager Bielser's memorandum dated October 15, 1975 applying to safety employees, for considera-
tion by Council on March 1, 1976.
AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: Nixon
A motion by Councilman Mulryan that appointment instead of election of the City Attorney be placed on
the June, 1976 ballot was seconded by Councilman Jensen and failed by the following vote:
AYES: COUNCILMEN: Jensen, and Mulryan
NOES: COUNCILMEN: Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: Nixon
Mayor Bettini left the Council Chambers and Acting Mayor Mulryan presided.
RE: RECOMMENDATION OF PARKS & RECREATION COMMISSION REGARDING CHANGING OF PARK CLOSING HOURS - FILE
12-15 x 9-3-65
The Council discussed the proposed change from 11:00 P.M. to 9:00 P.M. Mr. Bruce Agnew, Secretary of
the Glenwood Homeowners Association explained the reason for requesting the change.
Mayor Bettini returned to the Council Chambers.
An Ordinance of the City of San Rafael amending San Rafael Municipal Code Subsection (1) Section
2.16.028 - Regulation of use of Park and/or Recreation Facilities, and numbering Charter Ordinance
No. 1213 was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
NOES: COUNCILMEN: Acting Mayor Mulryan
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON BIDS - BRET HARTE PARK IMPROVEMENTS - FILE 4-1-241
Motion by Councilman Jensen, second by Mayor Bettini, to award the bid to Neil Shooter Company at the
low bid of $7,266.
RESOLUTION NO. 5095 - RESOLUTION OF AWARD OF CONTRACT (To Neil Shooter Company, Bret Harte
Park Improvements, Project No. 9186-76.103)
304
AYES: COUNCILMEN: Mayor Bettini, Jensen, Miskimen, and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REQUEST OF CONNIE TERWILLIGER FOR FRUIT VENDING PERMIT - FILE 2-11
Ms. Connie Terwilliger asked that the Council favorably consider her written request for an encroachment
permit on Los Ranchitos Road. -
Councilman Jensen left the Council Chambers.
Following discussion, a motion by Mayor Bettini to deny the permit was seconded by Councilman Miskimen
and carreid by unanimous vote of the three Council members.
Councilman Jensen returned to the Council Chambers.
RE: MID -YEAR FINANCIAL REVIEW - FILE 8-5
The Council accepted the report and commended the staff for a very yhorough report. The mid -year re-
view items were considered and none of the projects were approved.
The City Manager was authorized to clarify the costs and responsibility for maintenance before proceed-
ing with construction of the Glenwood Tennis Court project. The Tennis Court Chairman for the Glen-
wood Homeowners Association stressed their need for the courts.
RE: PROPOSED JOINT POWERS AGREEMENT, CSA NO. 23 - OPEN SPACE - FILE 4-13-45
RESOLUTION NO. 5096 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Marin County
Open Space District, County of Marin, by and through County Service Area No.
23 and the City of San Rafael)
AYES: COUNCILMEN: Mayor Bettini, Jensen, Miskimen and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSED CAL -TRANS - PROJECT FOR BUS BYPASS LANES THROUGH SAN RAFAEL - FILE 11-16
Motion by Mayor Bettini, second by Councilman Jensen and carried by unanimous vote of the four Council
members present, that this item be referred to the Planning Commission.
RE: PROPOSED CAL -TRANS FAU PROJECT - NORTH SAN PEDRO ROAD SOUTHBOUND ON-RAMP - FILE 11-16
Motion by Councilman Jensen, second by Mayor Bettini and carried by unanimous vote of the four Council
members present, that this item be referred to the Planning Commission.
RE: DISCUSSION OF EMPLOYEE NEGOTIATIONS - FILE 7-4
A suggestion by Mayor Bettini that employee negotiations be conducted in open session was carried over
to the next meeting.
RE: ALBERT PARK COMMUNITY RECREATION CENTER - STATUS REPORT AND RELEASE OF PARTIAL RETENTION - FILE
4-1-234
Mayor Bettini left the Council meeting.
RESOLUTION NO. 5097 - RESOLUTION AUTHORIZING REDUCTION IN THE RETENTION OF MONEYS UNDER THE CONTRACT
FOR THE CONSTRUCTION OF ALBERT PARK COMMUNITY RECREATION CENTER, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
RE: PROPOSAL FOR CHINA CAMP STATE PARK AND REQUEST FOR FUNDING - FILE 12-5 x 13-14-1
Marin County Supervisor Roumiguiere made a presentation of the proposed China Camp State Park, 400 acres
of which is in the San Rafael City limits, and asked that the City contribute $92,500 towards this pro?
posal.
Motion by Councilman Miskimen, second by Councilman Jensen, to appropriate $92,500 maximum, subject to
the schedule contained in Supervisor Roumiguiere's letter dated February 17, 1976 and subject to the
approval of Mr. Ed Ness.
AYES: COUNCILMEN: Jensen, Miskimen, and Acting Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon and Mayor Bettini
RE: ALBERT PARK - DAVIDSON RENOVATION MASTER PLAN - FILE 12-5
The Council approved City Manager Bielser's request to screen the 15 proposals received on this item
and present four for consideration at a joint meeting of the Council and Parks and Recreation Commission
to be scheduled within a month or so.
305
RE: RESCHEDULING OF SECOND MEETING IN MARCH - FILE 9-1
The second meeting in March was rescheduled to March 22, 1976, since several of the Council members
will not be able to attend March 15.
The Council convened in Executive Session to issue instructions to the Employee Negotiator and dis-
cuss property acquisition.
The Council adjourned to the next regular meeting on March 1, 1976.
MARION A. GRADY, City Clerk
APPROVED THIS _DAY OF 1976.
MAYOR OF THE CITY OF SAN RAFAEL
306
In the Council Chambers of the City of San Rafael, Monday, March 1, 1976, 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 (9:35 p.m.)
Alsp 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 of the
following Consent Calenar items:
Item
Approval of Minutes of Regular Meeting of February 17,
1976.
Acceptance of Deed, Freitas Parcel - CSA No. 23 (Pinto
Ridge) - File 2-1-51 x 13-14-1
Recommended Action
Approve as submitted to each Council
member.
Resolution No. 5098 - Resolution of Acceptance
of Grant of one-third (1/3) interest in
real property.
Acceptance of Deed from Peacock Gap Homeowners Associa- Resolution No. 5099 - Resolution Accepting
tion - File 2-1-52 Conveyance of Real Property.
iAcceptance of Drainage Easement - East San Rafael Drainage Resolution No. 6000 - Resolution of the City
Assessment District No. 2 - from Samuel W. Gardiner - of San Rafael Accepting Grant Deed for
File 6-29 x 2-4 Drainage Easement and Authorizing Execution
of Escrow Instructions and Right of Way Con-
tract, East San Rafael Drainage Assessment
District No. 2.
Resolution Authorizing Training Agreements with the
California Highway Patrol - File 9-3-30
Settlement Agreement to the Claim of Shirley Y. and
Gerald H. Craner, Jr. - File 3-1-149
Report on Economic Analysis of Open Space and Housing
Elements of the General Plan. File 115
Resolution No. 6001 - 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 and the State Highway Patrol.
Resolution No. 6002 - A Resolution Authorizing
the Signing of a Lease or Agreement with
Shirley Y. and Gerald H. Cramer, Jr. of 158
Glen Park Avenue.
Acknowledge receipt of report.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: RECOMMENDATIONS OF CANAL COMMITTEE REGARDING MARINE AUXILIARY - FILE 9-3-30 x 9-3-31
This item was removed from the Consent Calendar by Councilman Jensen for discussion. City Manager
Bielser was directed to investigate the availability of experienced members of existing auxiliaries
and report to Council.
RE: AGREEMENT WITH JOSEPH FRAZIER - BICENTENNIAL PLAQUE - FILE 104 x 9-2-23
After requesting removal from the Consent Calendar, Councilman Mulryan moved referral to the Cultural
Affairs Committee, conveying Council's disapproval of the inclusion of two clauses as requested by Mr.
Fraizer. Second by Councilman Jensen and unanimously carried.
RE: ADOPTION OF ORDINANCE NO. 1211 AMENDING THE MASSAGE PARLOR ORDINANCE - FILE 9-10-3
Final Adoption of this Ordinance was continued to the next meeting.
RE: ADOPTION OF ORDINANCE NO. 1212 AMENDING FORTUNE-TELLING ORDINANCE - FILE 9-10-4
Final Adoption of this Ordinance was continued to the next meeting.
RE: FINAL ADOPTION OF ORDINANCE NO. 1213 REGARDING CHANGING OF PARK CLOSING HOURS - FILE 12-15 x 9-3-65
CHARTER ORDINANCE NO. 1213 - An Ordinance of the City of San Rafael Amending San Rafael Municipal Code
Subsection (1), Section 2.16.028 - Regulation of Use of Park and/or Recreation Facilities was 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: Nixon
302
RE: COST REPORT ON DON TIMOTEO SCHOOL PLAYGROUND IMPROVEMENTS - FILE 12-5
Following discussion with the staff and Mr. John King, Principal of Don Timoteo School, this item was
continued and will be reviewed by the City -School Liaison Committee.
The Council also discussed the improvement of Glenwood School Grounds for school and public recreation
use and authorized the staff to notify the School Board that it is a Council policy that a joint pro-
ject of this kind be completed in its original form or come back to Council for discussion.
RE: DISCUSSION OF EMPLOYEE NEGOTIATIONS - FILE 7-4
The Council established a policy that all meetings for employee negotiations for this year will be open
to the public, with no public participation.
T" :RE: COMMUNICATION FROM PEACOCK GAP HOMEOWNERS ASSOCIATION REGARDING PEACOCK GAP AREA PARK - FILE 12-5
The request from the Homeowners Association was received favorably by the Council and the consensus
was that the City should cooperate with the Homeowners Association and Little League representatives
on the ball diamond and work with the Association on the plans for the total recreation area.
Motion by Councilman Mulryan, second by Councilman Muskimen and carried by unanimous vote of the four
members present, to instruct the staff to proceed with the Peacock Gap area park project in accordance
with discussion.
RE: PERSONS WISHING TO ADDRESS COUNCIL - FILE 125
Pursuant to the request of Mr. Dick Rush, General Manager of the Chamber of Commerce, for clarifica-
tion of the Council directive to the Planning Commission regarding review of the sign ordinannce, it
was pointed out that no public hearing will be held prior to the Planning Commission report to the
Council on the schedule for Commission review of the sign ordinance. The Council continued to the
first meeting in April the Planning Commission report and authorized a meeting with Mr. Rush and his
constituents regarding the sign ordinance before the April 5 meeting.
RE: COMMUNICATION FROM SAN RAFAEL FIREMEN'S UNION, LOCAL 2208, INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS - FILE 7-8-2
!The Council accepted the staff recommendation and instructed the staff to inform the Union that the
Council does not agree to the portion of the Educational Incentive proposal as outlined in items 1
through 8 of the City Manager's memorandum dated February 26, 1976.
RE: APPROVAL OF FAU PROGRAM AS APPROVED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE - FILE 11-15.1
The Council accepted the report on the recommended five-year Federal -Aid Urban System program and
commended Public Works Director Caillouette on an excellent job.
RESOLUTION NO. 6003 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING
THE FEDERAL -AID URBAN PROGRAM RECOMMENDED BY THE MARIN COUNTY URBAN
SYSTEM COMMITTEE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Mr. Caillouette received authorization to work with the State of California on a three-way agreement
for the Bellam Boulevard project, and through the State for acquisition of property.
RE: URBAN THOROUGHFARE PROJECT - NORTH SAN PEDRO ROAD/MERRYDALE ROAD - FILE 11-10
RESOLUTION NO. 6004 - A RESOLUTION REQUESTING ALLOCATION OF FUNDS FROM THE COUNTY ROAD FUND
OF THE COUNTY OF MARIN PURSUANT TO SECTION 2106 ET SEQUITUR OF THE
STREETS AND HIGHWAYS CODE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: PROPOSED JOINT POWERS AGREEMENT, CSA NO. 19 - FIRE PROTECTION - FILE 4-13-37
RESOLUTION NO. 6005 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT
(with the County of Marin and County Service Area No. 19 of the County
of Marin for fire protection services in County Service -Area 19 and
adjoining areas)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REPORT ON ASSOCIATION OF BAY AREA GOVERNMENTS - FILE 111
This item was on the agenda at the request of Mayor Bettini and will be brought back at budget time
for discussion of membership cost.
RE: REPORT ON CODE REVIEW BY BOOK PUBLISHING COMPANY - FILE 1-5
Motion by Councilman Mulryan, second by Councilman Miskimen and carried by unanimous tote of the
308
four members present, that this item be referred to the City Attorney for implementation.
RE: PROPOSED AMENDMENT TO SECTION 2.20.110 OF THE MUNICIPAL CODE, PROVIDING FOR PROCESSING OF EMPLOYEE
DISCIPLINARY MATTERS - FILE 7-4 1
An Ordinance of the City of San Rafael amending Chapter 2.20 of the San Rafael Municipal Code by re-
pealing Section 2.20.110, Written Charges, and substituting therefor Section 2.20.110, Prediscipline
Procedures, and numbering Charter Ordinance No. 1214, was read, introduced and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: REVISION OF TIME LIMITS - THIRD AND LOOTENS GARAGE, UPPER DECK - FILE 11-18
Ms. Sue Anderson, Chairwoman of the Downtown Merchants Committee, asked that this revision not be
adopted until the Committee discussed it on March 11. She was advised that final adoption would not
be before the Council prior to March 22.
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. 1215, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: Nixon
RE: CHARTER AMENDMENT FOR JUNE ELECTION - FILE 1-1 x 9 -4 -
Motion by Councilman Mulryan, second by Councilman Jensen and carried by unanimous vote of the four
members, that Resolution No. 6020 adopting Charter Amendment language, be approved in principle for
adoption on April 5, 1976.
RESOLUTION NO. 6006 - A RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY BOARD OF
SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING THE
SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 8, 1976.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN.:. None
ABSENT: COUNCILMEN: Nixon
RESOLUTION NO. 6007 - RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE B OARD OF SUPERVISORS
OF MARIN COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL
ELECTION WITH THE STATE OF CALIFORNIA PRESIDENTIAL PRIMARY ELECTION TO BE
HELD ON JUNE 8, 1976.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to authorize
preparation of ballot argument for Council signature.
RE: DISCUSSION OF CHINA CAMP STATE PARK - FILE 12-5
Discussion of this item was requested by Councilman Miskimen, who referred to problems in connection
with this facility sucy as traffic, location of the main entrance, etc. The staff and Parks &
Recreation Commission were directed to begin coordination with the State on development of the new
state park.
Councilman Nixon arrived at the Council meeting.
RESOLUTION NO. 6008 - A RESOLUTION OF APPRECIATION TO ROBERT A. ROUMIGUIERE, CHAIRMAN OF THE MARIN
COUNTY BOARD OF SUPERVISORS
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CONFIRMATION OF APPOINTMENT, RICHARD BREINER - FILE 7-8
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to confirm action
taken in Executive Session of the appointment of Richard Breiner as the city's counsel in connection
with labor relations.
RE: REPORT ON WATER CONSERVATION EFFORTS- FILE 151 x 13-14
The Council received a report from the staff and a letter from the Marin Municipal Water District with
a copy of an anti -wastage ordinance adopted by the District Board of Directors on February 11, 1976.
RE: POLITICAL SIGNS - FILE 125
Illegal posting of political signs within the City was discussed and the staff was directed to advise
309
the sign company involved (Coggs Sign Company) and enclose a copy of the City ordinance requirements.
The Council moved to Executive Session to discuss instructions to Employee Negotiator.
The Council adjourned.
�2;!�)7 Q 14OL
.
MARION A. GRADY, City Clerk'
APPROVED THIS F DAY OF 1976.
el /a:p W A 9 ��-
MAYOR OF THE CITY SAN RAFAEL
NOTICE OF ADJOURNMENT OF
REGULAR MEETING OF SAN RAFAEL CITY COUNCIL
All members of the City Council of the City of San Rafael, California, being absent from the
regular meeting of said City Council which was to be held on March 15, 1976, at 8:00 p.m., in the
Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, the undersigned hereby
orders and declares said meeting adjourned to March 22, 1976 at 8:00 p.m.
March 15, 1976.
MARION A. GRADY, City Clerk
310
In the Council Chambers of the City of San Rafael, Monday, March 22, 1976, 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. Conn
Attorney
RE: CONSENT CALENDAR
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to approve the recom-
mended action of the following Consent Calendar items:
Item
Recommended Action
Approval of Minutes of the Regular Meeting of March 1, 1976. Approve as submitted to each Council
member.
Claim for damages - Perry A. McCullough, Claimant - File Deny and refer to Insurance Carrier.
3-1-215.
Claim for damages - RobertH. Smith, Claimant - File 3-1-216. Deny and refer to Insurance Carrier.
Request of Planning Commission for Extension of Time, Sign Grant extension from April 5 to April
Ordinance - File 125. 19, 1976.
Approval of "Nike Control Site Annexation." - File 5-2-69. RESOLUTION NO. 6011 - A Resolution Ap-
proving the Annexation of the Territory
Designated as "Nike Control Site Annexa-
tion" to the City of San Rafael.
Resignation of Cultural Affairs Commissioner - Mr. Richard
Carter - File 9-2-24.
Report on Senate Bill 1500. - File 116.
Resolution Accepting Grant - Falkirk. - File 4-10-88.
Resolution Accepting Grant Deed, Nunes Property, CSA No.
23 - File 2-1-51.
Call for applications.
Actively Oppose SB 1500.
RESOLUTION NO. 6012 - A Resolution Ap-
proving the Application and the Project
Agreement for Historic Preservation Grants -
In -Aid for the Falkirk Restoration Pro-
ject.
RESOLUTION NO. 6013 - Resolution of Ac-
ceptance of Grant of One-third (1/3 In-
terest in Real Property.
Resolution Authorizing Mayor and City Clerk to Sign Release RESOLUTION NO. 6014 - A Resolution Authoriz-
of Claim Regarding Damage to City Vehicle - File 3-1-1. ing the Signing of a Lease or Agreement.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DON TIMOTEO SCHOOL PLAYGROUND EQUIPMENT - FILE 12-5
This item was removed from the Consent Calendar at the request of Councilman Miskimen and continued
until the meeting with the School Board of Trustees has been held.
RE: RECOMMENDATION OF LIBRARY COMMISSION - RULES AND REGULATIONS FOR USE OF NEW WEBB COMMUNITY ROOM -
FILE 9-10-2 x 9-3-61
This item was removed from the Consent Calendar at the request of Councilman Mulryan and Library Board
Chairwoman Grasham responded to questions regarding the recommended regulations.
Motion by Councilman Jensen, second by Coucnilman Nixon and unanimously carried, to approve the recom-
mended rules and regulations with the addition of a two-hour minimum fee for use outside of regular
Library hours.
The request for approval of the Dedication Ceremony date was withdrawn from the agenda.
IRE: REPORT ON SENATE BILL 100 - FILE 116
'This item was removed from the Consent Calendar at the request of Councilman Mulryan and continued for
further review of SB 100.
RE: DESIGNATION OF BOYD HOUSE AND FALKIRK AS HISTORIC LANDMARKS - FILE 13-14-2
This item was removed from the Consent Calendar, for clarification of the area, by Mayor Bettini.
RESOLUTION NO. 6009 - A RESOLUTION OF THE CITY COUNCIL DESIGNATING BOYD SITE AS AN HISTORICAL
LANDMARK
311
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 6010 - A RESOLUTION OF THE CITY COUNCIL DESIGNATING FALKIRK SITE AS AN HISTORICAL
LANDMARK
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
* For the record, Mayor Bettini & Councilman Jensen stated they were voting No because of the area involved.
RE: EXPIRATION OF TERM, FIRE COMMISSIONER - FILE 9-2-5
This item was removed from the Consent Calendar and, on motion by Councilman Jensen and second by
Councilman Miskimen, Mr. H. R. Ghilotti was unanimously reappointed to the Fire Commission for a four-
year term to March, 1980.
RE: BICENTENNIAL ART COMPETITION AWARDS - FILE 9-2-23 x 104
The Council discussed the request of the Cultural Affairs Commission to solicit funds for the awards
for the constest at Falkirk June 11 --July 30, 1976.
Motion by Councilman Miskimen, second by Councilman Jensen and unanimously carred, to approve the ex-
penditure of $200 from the Falkirk budget for the awards.
RE: PUBLIC HEARING - DESIGNATIONS OF HISTORICAL LANDMARKS - RECOMMENDATIONS OF CULTURAL AFFAIRS COM-
MISSION - FILE 13-14-2
Mayor Bettini opened the public hearing for consideration of Historic Landmark designations for the
San Rafael Improvement Club at 1800 Fifth Avenue and for houses at 1130 Mission Avenue, 1135 Mission
Avenue, 823-825 Mission Avenue, and 828 Mission Avenue.
A slide presentation was made by Mr. Daniel Mardesich, a member of the Technical Advisory Committee
to the Cultural Affairs Commission. Mrs. Ann Batman, Chairwoman of the Cultural Affairs Commission,
reported on a workshop with the County Assessor's office.
Mrs. Vivian Dixon, an owner of the house at 1135 Mission Avenue, asked that their property be excluded
from the historic landmark designation as she felt it would have a detrimental effect on its value
and cause the loss of their individual rights as property owners.
The item was referred to staff for their review and the public hearing continued pending completion
of their report.
RE: AGREEMENT FOR CARVING OF BICENTENNIAL PLAQUE - FILE 4-10-89 x 104
Mrs. Patricia Meyer, Cultural Affairs Commission member, asked that the Council favorably consider the
revised agreement.
RESOLUTION NO. 6015 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Joseph
Fraizer for carving of Bicentennial Plaque)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF DECISION OF BOARD OF REVIEW - DISCIPLINARY ACTION, FIRE DEPARTMENT - FILE 9-2-12 x 7-4
Mayor Bettini opened the public hearing on the appeal by George Walser, Captain, San Rafael Fire De-
partment. The Council had received copies of the staff report and a letter from the Board of Review
relating its action on the appeal.
Captain Walser asked that Council grant his appeal of the Board of Review denial of the appeal to have
the disciplinary action (August 7, 1975 to February 6, 1976), in connection with Department Policy
No. 20, removed from his record. Mr. Alan C. Davis, Attorney for the Appellant, joined Captain Walser
,in asking that the amnesty agreement be honored.
Mr. Richard Breiner, Special Counsel representing the City, advised that the proper Council action at
this time is to consider the Board's action in denying the appeal because of failure of the Appellant
or his Attorney to appear.
Mayor Bettini closed the public hearing and after discussion the Council took the following action:
-` Motion by Councilman Nixon, second by Councilman Mulryan, that the action of the Board of Review be
upheld.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED ORDINANCE FOR ELIMINATION OF FIRE ZONES - FILE 9-8 x 9-3-31 x 9-3-32
Mayor Bettini opened the public hearing. There was no one wishing to speak and the public hearing
was closed.
312
An Ordinance Amending Title 12 of the San Rafael Municipal Code by Deleting Chapter 12.04, Fire Zone!
and Amending Chapter 12.12 Uniform Buildijg Code, and numbering Charter Ordinance No. 1216, 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: REPORT ON ALBERT PARK/DAVIDSON SCHOOL MASTER PLAN CONSULTANTS - FILE 12-15 x 12-5
The Council set Thursday, April 1, 1976, between 5:00 and 6:00 p.m., to interview architects jointly
with the Parks and Recreation Commission.
RE: PEACOCK GAP AREA PARK - FILE 12-5
The Council accepted a status report from Public Works Director Caillouette.
RE: FINAL ADOPTION OF ORDINANCE NO. 1211, AMENDING THE MASSAGE ESTABLISHMENT ORDINANCE - FILE 9-10-3
Mr. Paul Zamarian, 20 Green Way, San Rafael, submitted a letter to the Council and suggested the
drafting of a new ordinance containing regulations responsive to the ethical massage field. Ms. Patricia
Gallagher, 51 Foothill Road, San Anselmo; Jacqueline Kristensen, 61 Esmeyer Drive; and Lorena Smith , 26
Villa Avenue, San Rafael, spoke regarding the benefits of massage and revision of the ordinance. Mr.
Ole Brix, owner of Marin Sauna & Facial and the New Day Sauna in San Rafael, and Mr. Martin Dean,
representing Alter Ego in San Rafael, opposed the change in hours and fees.
CHARTER ORDINANCE NO. 1211 - An Ordinance of the City of San Rafael amending San Rafael Municipal Code
Section 8.34.040, Section 8.34.060, Section 8.34.090, Section 8.34.150 and Section 8.34.160 thereof,
was passed and adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The staff was instructed to schedule the resolution naming fees on the next Council agenda for recon-
sideration prior to the effective date.
RE: FINAL ADOPTION OF ORDINANCE NO. 1212, AMENDING THE FORTUNE-TELLING ORDINANCE - FILE 146
CHARTER ORDINANCE NO. 1212 - An Ordinance of the City of San Rafael Repealing in its entirety Chapter
10.88 of the San Rafael Municipal Code entitled Fortune -`selling, Licensing and Regulation - and Add-
ing a New Section 8.12.050 Prohibiting Fortune -Telling, was passed and 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: Miskimen and Mulryan
ABSENT: COUNCILMEN: None
Councilman Jensen left the Council Chambers.
RE: FINAL ADOPTION OF ORDINANCE NO. 1215, AMENDING CHAPTER 5.60 OF THE MUNICIPAL CODE, REVISING TIME
LIMITS, THIRD AND LOOTENS GARAGE, UPPER DECK - FILE 11-18 x12-14
City Manager Bielser reported that Mr. Rush of the Chamber of Commerce has indicated that they support
the ordinance revision, but felt the two-hour limit during the Holiday season was successful.
CHARTER ORDINANCE NO. 1215 - 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 as an Ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: FINAL ADOPTION OF ORDINANCE NO. 1214, AMENDING SECTION 2.20.110 OF THE MUNICIPAL CODE, PROVIDING
FOR PROCESSING OF EMPLOYEE DISCIPLINARY MATTERS - FILE 7-2
City Manager Bielser reported that the Firemen's Union was notified on three occasions, two in writing
and one by telephone, regarding its position on this ordinance but no reply has been received.
CHARTER ORDINANCE NO. 1214 - An Ordinance of the City of San Rafael Amending Chapter 2.20 of the San
Rafael Municipal Code by Repealing Section 2.20.110, Written Charges, and Substituting therefore Sec-
tion 2.20.110, Prediscipline Procedures, was passed and adopted as an Ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
313
RE: REPORT ON BID OPENING - SANITARY SEWER REPLACEMENT PROJECT, SUNSET WAY EASEMENT - FILE 4-1-242 x
9-q
Motion by Councilman Nixon, second by Councilman Mulryan, to accept the low bid of Maggiora & Ghilotti,
Inc. in the amount of $23,350.
RESOLUTION NO. 6016 - RESOLUTION OF AWARD OF CONTRACT (for Sanitary Sewer Replacement, Sunset
Way Easement, Project No. 75.199.40, to Maggiora & Ghilotti, Inc.)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RESOLUTION NO. 6017 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (executed by William J. and
Theresa Patricio)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RESOLUTION NO. 6018 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (executed by Joe and Rose M.
Ascierto)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RESOLUTION NO. 6019 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (executed by Josephine
B. Smith)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RESOLUTION NO. 6021 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (executed by V.I. and L.
Pogojeff)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RESOLUTION NO. 6022 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (executed by Edward B.
and Nancy K. Hayden)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
Councilman Jensen returned to the Council Chambers.
RE: REPORT ON BID OPENING - ALBERT PARK AND SANTA MARGARITA PARK TENNIS COURT RESURFACING - FILE
4-1-243
RESOLUTION NO. 6023 - RESOLUTION OF AWARD OF CONTRACT (to Larry L. Kreutzkampf Constructions
Company at the low bid of $26,550)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BAHIA DE RAFAEL INDUSTRIAL PARK - CONTINGENCY FUNDS - FILE 6-24
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to accept the staff
recommendation and approve the use of the surplus funds for street landscaping on Bellam Boulevard,
construction of traffic signals at the intersection of Kerner and Bellam Boulevards, and the balance
of the funds to be used for odor control; this approval subject to the approval of the San Rafael
Sanitation District.
RE: REPORT ON GLENWOOD TENNIS COURTS - FILE 12-15
Following a brief discussion, this item was referred to the City -School Liaison Committee.
RE: REPORT ON WATER CONSERVATION PROGRAM - FILE 151
The Council received a report from the City staff and agreed to meet with the Water District Board
on a date to be determined. Councilman Nixon volunteered to investigate and report to Council on al-
ternate dates.
RE: COMMUNICATION FROM LOCAL 2208, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, REGARDING CHARTER
AMENDMENT - FILE 7-8
Mr. George Walser, President of the San Rafael Firemen's Association, Local 2208, I.A.F.F., on in
structions from his Attorney, advised that the Association will meet and confer on the subject any
1 Z
time the City so desires. This offer was declined by the City Council since the City Attorney had
advised that this is not a matter on which the Council is required to meet and confer.
RE: PROPOSAL OF CITY ATTORNEY FOR APPOINTMENT OF ACTING CITY ATTORNEY - FILE 9-3-16
Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to appoint Fred
Robbins Acting City Attorney during City Attorney Connick's absence for vacation from April 19, 1976
through May 5, 1976.
The Council moved to Executive Session to discuss employee negotiations.
The Council adjourned to March 29, 1976.
MARION A. GRADY, City Cler
APPROVED THIS DAY OF 1976
MAYOR 0 TH CITY AN RAFAEL
315
In the Council Chambers of the City of San Rafael, Monday, March 29, 1976, 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: Walter Cook and D. Brittnacher of the State Lands Division; William J. Bielser,
City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney.
The joint meeting of the San Rafael City Council and Redevelopment Agency, with representatives from
the State Lands Commission, was called to order by Mayor Bettini.
RE: ALLARDT'S CANAL - FILE 12-10
Mr. Brittnacher, State Lands Commission Boundary Determination Officer, reviewed the history of the
Canal and realignment which resulted in clouded titles for 75 property owners. Mr. Walter Cook, At-
torney, presented the position of the State Lands Division staff concerning resolution of the public-
private title disputes within the San Rafael Canal. He was unable to comment on the proposed staff
resolution without further review of the proposal.
City Manager Bielser presented a proposed settlement for Council consideration, recommending approval
and authorization to submit to the State Lands Commission. He asked that the Council request the
State Lands Commission to propose a boundary settlement in the event the staff proposal is not ac-
ceptable. Mr. Bielser also recommended authorization for the Redevelopment Agency to proceed with the
survey, with the cost not to exceed $45,000.
Mr. Ronald D. Schenck, Attorney representing Mr. Pat Kirrane and the McPhail property; Mr. Peter
Townsend, Attorney representing the Marin Municipal Water District; Mr. Richard Tarrant, Attorney
representing Marin Yacht Club; and Mr. Fred Enemark, Chairman of the Canal Committee, spoke in favor
of an early settlement, generally concurring with the staff's proposal if the entire package could be
accomplished in an acceptable time frame. Mr. Ernie Peterson, property owner, questioned the neces-
sity for an additional survey. Mr. Gordon Dunn, property owner, spoke regarding the blanket settle-
ment.
Following discussion, the Council/Agency members moved to Executive Sesion.
The Council/Agency reconvened in Open Session. City Attorney Connick reported that facts relevant
to the pending litigation and possible solutions to these cases now pending were discussed in the
Executive Session.
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to adopt staff
recommendations 1 through 8 subject to the amendment of item 2 which shall read as follows:
"2 Negotiation of a density/open space trade off of the Marin Yacht Club property known as the
"Upland" between Porto Bello and the Marin Swim and Tennis Club (1-1/4 acres). (Partial
development possible.)"
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to direct the staff
to submit the amended proposal to the State of California. As part of the proposal will be discussion
of a second phase of the survey, asking the State to respond in terms of the necessity for performing
it at this point.
The staff was commended for their excellent work in presenting this proposal.
MARION A. GRADY, City Clerk
APPROVED THIS 7 DAY OF 1976.
MAYOR OF THE CITY CrSKNT RAFAEL
316
In the Council Chambers of the City of San Rafael, Monday, April 5, 1976, 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: CONSENT CALENDAR
Motion by Councilman Miskimen, second by Councilman Jensen, to approve the recommended action of the
following Consent Calendar items:
Item
Agreement with First Assembly of God Church permitting RESOLUTION NO. 5100 - RESOLUTION AUTHORIZING
them to conduct Easter Services on San Rafael Hill. THE SIGNING OF A LEASE OR AGREEMENT.
File 4-10-90
Acquisition and Authorization of Payment for Landscaping RESOLUTION NO. 5101 - RESOLUTION AMENDING
Improvements - Bahia de Rafael Industrial Park Assess- RESOLUTION OF INTENTION IN THE BAHIA DE
ment District. (File 6-24) RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT,,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
RESOLUTION NO. 5102 - RESOLUTION AUTHORIZING
PAYMENT TO McKEON CONSTRUCTION COMPANY FOR
LANDSCAPING COSTS, BAHIA DE RAFAEL INDUSTRIAL
PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL,
COUNTY OF MARIN, STATE OF CALIFORNIA.
Resignation of Parks & Recreation Commissioner - Lou Accept resignation.
Anna Williams (File 9-2-4)
Request for Waiver of Penalties Relating to Business Deny request.
License Fees - Golden Gate Equipment Company. File
9-10-2)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPROVAL OF MINUTES
This item was removed from the Consent Calendar at the request of Mayor Bettini. The minutes of
March 22, 1976 were amended by adding the following sentence on page 2 after the vote on Resolution
No. 6010 designating Falkirk site as an historical landmark: "For the record, Mayor Bettini and
Councilman Jensen stated they were voting `NO' because of the area involved."
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to approve the
minutes of the regular meeting of March 22, 1976 as amended, and the minutes of the adjourned regular
meeting of March 29, 1976 as submitted. I
RE: GRANT OF EASEMENT TO P.G.&E. FOR INSTALLATION OF FACILITIES IN CITY PARKING LOT AT THE CORNER OF
FIFTH AVENUE AND "D" STREET - FILE 2-14
This item was removed from the Consent Calendar at the request of Councilman Jensen and continued until
the addition of a provision for cancellation can be discussed with P.G.&E.
RE: FINAL ADOPTION OF ORDINANCE NO. 1216 ELIMINATING FIRE ZONES - FILE 9-8 x 9-3-32
CHARTER ORDINANCE NO. 1216 - An Ordinance Amending Title 12 of the San Rafael Municipal Code by delet-
ing Chapter 12.04 Fire Zones and amending Chapter 12.12 Uniform Building Code, was passed and adopted
by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON CHARTER AMENDMENTS - FILE 1-1 x 9-4
Council was presented with a proposed resolution and ballot argument prepared in accordance with
Council instructions.
RESOLUTION NO. 6020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROPOSING AMENDMENT
TO THE CHARTER OF THE CITY OF SAN RAFAEL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Mulryan, second by Councilman Nixon, that the Council adopt the proposed ballot
argument.
317
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Miskimen
ABSENT: COUNCILMEN: None
The City Manager was authorized to amend the proposed ballot argument by deleting the word "unanimous,
ly" in the last paragraph and "by unanimous action" in the second paragraph.
RE: REPORT ON MASSAGE INVESTIGATION FEES - HOME USE - FILE 9-10-3
RESOLUTION NO. 5103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING
FEES FOR SINGLE -OPERATOR HOME MASSAGE SERVICES.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
FT- ABSENT: COUNCILMEN: None
The staff was directed to review and report regarding minimum sanitation requirements.
RE: REPORT ON SENATE BILL 100 - FILE 116
Motion by Councilman Jensen, second by Councilman Mulryan, to oppose Senate Bill 100 was withdrawn
following debate on the issue, and further action on the motion was waived by the Council.
Councilman Nixon offered a substitute motion that the Council take no action on Senate Bill 100.
Councilman Mulryan seconded and the motion carried by unanimous vote.
RE: REPORT ON MEETING OF CITY -SCHOOL LIAISON COMMITTEE - FILE 12-5 x 12-15 x 9-2
It was reported that the maintenance of the Glenwood Tennis Courts, the Peacock Gap Park site, Alberta
Park -Davidson School Master Plan, and the "E" Street School were discussed by the Committee and will
be forwarded to the School Board.
RE: PROPOSED FAU PROJECT - NORTH SAN PEDRO ROAD SOUTHBOUND ON-RAMP - FILE 11-10
RESOLUTION NO. 5104 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING FEDERAL
AID URBAN PROJECT FOR SOUTHBOUND ON-RAMP AT NORTH SAN PEDRO ROAD - HIGHWAY
101 ,AND REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO EXPEDITE
THE PROJECT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5105 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE
MARIN COUNTY BOARD OF SUPERVISORS TO ADD A PORTION OF NORTH SAN PEDRO
ROAD TO THE URBAN THOROUGHFARE SYSTEM.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The meeting was recessed by Mayor Bettini who announced that Councilman Fred E. Jensen has served on
the Council 21 yeats as of April 11, 1976 and also will celebrate his 76 birthday April 13. Cake and
coffee were served in honor of Councilman Jensen.
RE: PROPOSED CALTRANS PROJECT FOR BUS BYPASS LANES - FILE 11-16
The Council discussed the staff recommendation that the Lincoln Avenue -Los Ranchitos Road-Merrydale
Road connection be included in the proposed project. The City staff was instructed to solicit support
from the Novato City Council.
RESOLUTION NO. 5106 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING THEIR
SUPPORT FOR A BUS BY-PASS AND CAR POOL LANE ON HIGHWAY 101 AND REQUESTING
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO INCLUDE THE LINCOLN AVENUE -LOS
RANCHITOS ROAD-MERRYDALE ROAD CONNECTION AS PART OF THE PROJECT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
1.
RESOLUTION NO. 5107 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL URGING THE MARIN
COUNTY BOARD OF SUPERVISORS TO REQUEST THE CALIFORNIA DEPARTMENT OF TRANSPORTA-
TION TO INCLUDE THE LINCOLN AVENUE -LOS RANCHITOS ROAD-MERRYDALE ROAD CONNNECTION
AS PART OF THE BUS BY-PASS/CAR POOL LANE PROJECT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
.ABSENT: COUNCILMEN: None
RE: REPORT ON PEACOCK GAP AREA PARK - FILE 12-5
The Council accepted a report from Public Works Director Ely Caillouette, Jr. on the status of this
project.
318
RE: REQUESTS FOR MEETINGS WITH CITY COUNCIL - FILE - 9-1 x 140 x 12-5 x -15 x 9-2-6
A meeting was scheduled for April 12, 1976 for presentation of housing proposals to the Redevelopment
Agency, meeting with Marin Municipal Water District on Water Conservation program, and Albert Park/
Davidson School Master Plan consultant interviews jointly with Parks and Recreation Commission.
After discussion of the proposed date of April 20 for a joint meeting with the Planning Commission,
the Planning Director was instructed to contact the Planning Commission members regarding an alternate
date of April 26 or May 10, 1976.
RE: REPORT ON PROPOSED MARINE AUXILIARY - FILE 9-3-30 x 9-3-31
Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to authorize establish-
ment of a Marine Auxiliary within the Police Department with funding not to exceed $525.
PERSONS WISHING TO ADDRESS COUNCIL - FILE 116
Mr. Ben Ostlind spoke in opposition to the State of California's action in regard to Hamilton Field.
Mr. Tom O'Toole also felt the City might want to oppose the plan.
Motion by Councilman P1iskimen, second by Councilman Jensen and unanimously carried, to direct a letter
to the appropriate person in Sacramento indicating Council objection to the last-minute proposal by the
State of California.
RE: PRESENTATION OF THREE-YEAR HOUSING ASSISTANCE ACTION PLAN FOR MARIN - FILE 13-16
The proposed County plan was presented by Marjorie Macris, Principal Planner, County of Marin. Con-
sideration of a resolution supporting the proposed plan and designating the Priority Setting Committee
as the hody to set policy for and oversee the implementation of the plan, if adopted, was asked.
Mrs. Anise Turina presented a letter of support from the Leagt_eof Women Voters of Central Marin.
Following discussion, a motion by Councilman Nixon to refer the proposal to the Redevelopment Citizens
Advisory Committee, the Planning Commission and City staff was seconded by Councilman Miskimen and
unanimously carried.
RE: STATUS REPORT ON CABLE TELEVISION - FILE 9-7 x 130
RESOLUTION NO. 5108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CONCERNING LEVEL
VI SERVICES FOR CABLE TELEVISION.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
Mr. Joe Sheeks, Attorney, represented Tele-Vue Systems in opposing the proposed ordinance amendment and
asked that consideration be given to drafting a revision more compatible to all concerned. He was
agreeable to working with City staff on such revision.
A motion by Councilman Jensen that the proposed ordinance be passed to print died for lack of a second.
The matter was referred to staff for consultation with Mr. Sheeks in an attempt to arrive at a solu-
tion.
RE: COMMUNICATION FROM COUNTY OF MARIN ON HUMANE SOCIETY BUDGET - FILE 13-3
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to approve the in-
crease of the dog license fees in the event the Manpower programs are not continued after October 1,
1976.
RE: POLICY DETERMINATION - BRICK PAVING IN SIDEWALK AREA - FILE 10-2 x 11-7
Following staff report and discussion, it was moved by Councilman Nixon that it be the policy of the
City that the use of brick for a public walkways not be permitted; this does not necessarily exclude
their use for supplemental trim and design purposes. The motion was seconded by Councilman Mulryan
and unanimously carried. (The Council clarified that this policy applies to the two propjects on which
approval has been granted by the Planning Commission.)
RE: BOUNDARY ADJUSTMENTS BETWEEN THE CITY OF SAN RAFAEL AND THE CITY OF SAN ANSELMO - FILE 5-2
The Council discussed the procedures for transfer of territory submitted by staff, authorized referral
to the LAFCO staff for a possible solution to the general problem existing throughout Marin County,
and directed that a letter be sent to the San Anselmo City Council regarding this item.
RE: AUTHORIZATION TO SOLICIT PROPOSALS FOR ARCHITECT, CIVIC CENTER FIRE STATION - FILE 13-5 x 12-3
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to authorize the
City Manager to call for proposals from interested architects.
11
319
RE: PLANNING COMMISSION RESOLUTION REGARDING INSTALLATION OF LANDSCAPING AND SPRINKLER SYSTEMS -
FILE 10-2 x 151
Planning Director Hotchner informed the Council of the resolution, passed with the endorsement of the
Marin Municipal Water District, that on newly approved development installation may be deferred by
posting bond for the work.
RE: PROPOSED MANDATORY SOCIAL SECURITY COVERAGE - FILE 7-2
City Manager Bielser advised that the House Ways and Means Committee subcommittee is considering
mandatory social security coverage for State and local government employees and has asked for com-
ments by April 9, 1976.
Motion by Councilman Mulryan, second by Councilman Jensen, to authorize the City Manager to oppose
the mandatory coverage. The motion carried unanimously.
The City Council adjourned to April 12, 1976.
MARION A. GRADY, City Clerk
APPROVED THIS` DAY OF 1976.
MAYOR OF THE C OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, April 12, 1976, 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
Absent: Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Parks and Recreation
Commissioners Del Davis, John A. Govi, William A. Love, Vernon H. Nicholson and Norma Wall; Recreation
Director Andrew J. Snyder, Jr.
Following the Redevelopment Agency meeting, the joint meeting of the Council and Parks and Recreation
Commission was called to order by Mayor Bettini.
RE: INTERVIEW OF ARCHITECTS, ALBERT PARK/DAVIDSON SCHOOL MASTER PLAN - FILE 12-5
The following four firms made presentations and were interviewed by the Council and Commission:
The SWA Group (formerly Sasaki Walker Associates), Sausalito, represented by Project Manager Terry
Savage and Project Designer Jim Reeves.
Royston, Hanamoto Beck & Abey, Mill Valley, represented by Robert Royston and George Girvi.n. Mr.
Dominic Selmi, Engineer, was also a member of the design team.
Arbegast and Newton, Berkeley, represented by Bill Newton, John Griffith and David Arbegast.
Wagstaff and McDonald, San Anselmo, represented by Harold Wagstaff and Jim McDonald, and Henry Cole,
Landscape Architect.
Following discussion by the Council and Commission, the selection of the Architect was continued to
April 19, 1976. The Parks & Recreation Commission will submit a report to the Council prior to the
meeting.
RE: MEETING WITH MARIN MUNICIPAL WATER DISTRICT - FILE 151
City Manager Bielser advised that representatives of the District were unable to be present at this
meeting, and a public hearing was scheduled for April 19, 1976 for discussion of the water allocation
program.
The Council adjourned to April 19, 1976.
MARION A. GRADY, City Cle
APPROVED THIS j',' DAY OF 1976.
R OF THE CITVOF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, April 19, 1976, 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; Fred Robbi,,,
City Attorney
RE: CONSENT CALENDAR
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the
recommended action of the following Consent Calendar items:
Item Recommended Action
Approval of Minutes of Regular Meeting of April 5, 1976. Approve as submitted.
Resolution of Commendation to Explorer Captain Tammy RESOLUTION NO. 5109 - Resolution of Ap-
Slovensky. (File 9-3-30 x 102 preciation to Tammy Slovensky.
Agreement with Dwight Spurgeon for Rental of Kiosk on RESOLUTION NO. 5110 - A Resolution Authoriz-
Fourth Street between Hetherton and Irwin Streets. ing the Signing of a Lease or Agreement
i(File 4-10-61) (with Dwight Spurgeon)
Report on Assembly Bill 3352. (File 116) Referred to Planning Commission for recom-
mendation.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - SIGN REVIEW (SR76-11) REDWOOD OIL
COMPANU, 1320 SECOND STREET, PETER C. VAN ALYEA, OWNER - FILE 10-11
Mayor Bettini opened the public hearing and asked for a staff report. Planning Director Hotchner
said that the written report is fully explanatory. The Council had received copies of the report,
Commission minutes, letter of appeal and a letter supporting the Planning Commission denial.
Mr. Peter Van Alyea, Appellant and owner of Redwood Oil Company, asked favorable consideration of his
appeal. He stated that the proposed canopy sign contains 25 to 30 percent of the square footage
allowed and, he believed, would be more effective and aesthetic than a myriad of signs as permitted
under the sign ordinance.
Mrs. Sue Lifschiz, 27 Dunfries Terrace, suggested a written condition that there would be no other
signing in the event Council were to approve the sign. Mr. Van Alyea said he was agreeable to this
condition
Mr. Bob Moore, Execut9ve Secretary of the Marin Independent Service Stations, expressed agreement to
the present sign ordinance and felt approval of the appeal would lead to similar requests from other
dealers.
Mayor Bettini closed the public hearing.
After discussion, a motion by Councilman Nixon that the appeal be granted subject to the condition
that Mr. Van Alyea agree in writing that there will be no additional signing at this station, was
seconded by Councilman Mulryan and unanimously carried.
RE: PUBLIC HEARING - SMITH RANCH DEVELOPMENT PLANS Z75-7 SMITH RANCH ROAD, JORDAN AND EDWARD
SMITH, OWNERS; CARLOS GONZALEZ AND MICHAEL SMITH, REPRESENTATIVES; AP 155-120-28, 31, 439 48
51, 52, 67, 69 and 70 from "U" Unclassified to P -D Planned Development) District; Initiate
by JORDAN AND EDWARD SMITH - FILE 10-3
Councilman Nixon left the Council Chambers.
Mayor Bettini opened the public hearing.
Planning Director Hotchner briefly reviewed the following items, copies of which had previously been
transmitted to the Mayor and each of the Councilmen: 1) The Final Environmental Impact Report; 2) The
proposed P -D Zone master plan, consisting of text and maps; 3) The staff report which listed and
summarized all Planning Commission public hearings, workshops and actions relevant to the EIR and
the zoning change. He said that certification of the Environmental Impact Report as recommended by
the Planning Commission is the first action before the Council, and that the zoning change is the
second action.
Public Works Director Caillouette briefly reviewed the proposed process for the formation of an
assessment district to finance the completion of Smith Ranch Road and other road and public facility
improvements on the site, recommending the standard procedure with phasing to insure construction of
the roadways to serve each area as developed.
Mr. Al Bianchi represented the sponsors of the project and referred to the phasing of development in
relation to Lucas Valley Interchange improvements. He agreed that development would be limited so
the traffic not exceed the capacity of the interchange and suggested that the assessment district
authorization be increased an additional $100,000 to be applied to construction of the northbound
on-ramp to Highway 101 as an inducement to the State for early completion of this project. He felt
this might alter the development schedule,
Mayor Bettini closed the public hearing.
Planning Director Hotchner agreed that the staging would be affected by the early completion of the
northbound on-ramp and this could be covered by the addition of a subsection "d" under Part B, Sectio in
2 of the rezoning master plan to read as follows:
"d. At such time as the interium interchange improvements are completed and the construction
of the northbound on-ramp to Highway 101 is approved, funded and scheduled, applicant
would need only show that the on-ramp would be in existence by the time that the proposed
development is ready for use."
Mr. Hotchner further advised that under State Planning Law (Section 65858 of the Government Code) this
change need be referred to the Planning Commission for "report and recommendation" without a hearing
being required. This could be done prior to final adoption and would not delay the adoption of the
ordinance approving the zone change.
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to certify the
Environmental Impact Report.
Councilman Jensen moved, second by Councilman Mulryan, that Council approve the recommended rezoning
of Smith Ranch property, subject to the inclusion of the $100,000 in the Assessment District and the
addition of paragraph "d" as shown above.
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) to P -D (Planned Development), and numbering Charter Ordinance No.
1217, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
The Council commended the Planning Commission for the excellent job of processing this application.
Councilman Nixon returned to the Council Chambers.
RE: PUBLIC HEARING - DISCUSSION OF WATER ALLOCATION PROGRAM, MARIN MUNICIPAL WATER DISTRICT - FILE
151
Mayor Bettini declared the hearing open.
Board President Pamela Lloyd represented the Marin Municipal Water District. General Manager J.
Dietrich Stroh reviewed the current dry year situation, water resource management program and the long
range plan. Mrs. Lloyd and Mr. Stroh responded to concerns voiced by members of the audience and
Council. District Board Vice -President Polly Smith and Board Member Richard Boylan also joined in
the discussion.
Staff coordination in establishing water requirements for the cities and the County to aid in the im-
plementation of the water allocation program was discussed.
Mayor Bettini closed the public hearing and expressed appreciation for a thorough report.
The Council recessed and reconvened with Councilman Nixon absent.
RE: SELECTION OF ARCHITECT, ALBERT PARK-DAVIDSON SCHOOL MASTER PLAN - FILE 4-3-66 x 12-5
RESOLUTION NO. 5111- A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for architectural
services with Royston, Hanamoto, Beck & Abey)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Councilman Nixon returned to the Council Chambers.
RE: REPORT ON WEST FRANCISCO BOULEVARD EXTENSION - FILE 11-1 x 2-10
Following the staff report and discussion, a motion was made by Councilman Nixon, seconded by Council-
man Jensen and unanimously carried, to authorize the filing of an application with the Railroad and,
if necessary, the Public Utilities Commission for the proposed roadway improvement; and authorize the
staff to negotiate sale of the area denoted in black in the exhibit (area between Third and Fourth on
which railroad tracks lie and portion of roadway between the Whistlestop and Borden property.)
RE: REPORT OF PLANNING COMMISSION ON SIGN ORDINANCE - FILE 125
Planning Commission Chairman Boro reported on the Commission hearings and recommendation that several
changes be made to the sign ordinance. A written report furnished to the Council included Commission
minutes, recommended changes, response to points presented by the Chamber of Commerce, and a recommended
schedule of workshops and public hearings. With this schedule, the sign revisions would be presented
to Council in approximately seven months.
Mr. Dick Rush, representing the Chamber of Commerce, asked that the ordinance review not be limited
to changes recommended by the Commission. Mrs. Sue Lifschiz spoke in favor of the present ordinance
._ . . . .. .
323
with recommended changes. Several members of the business community opposed the Planning Commission '
recommendation and suggested additional revision. Mr. Darwin Michael spoke in reference to his sign,
but was informed it should be discussed with the staff.
Following discussion, the staff was instructed to submit a report on the variance procedure. Council
man Nixon moved that the Council adopt the Planning Commission recommendation as presented and, at
the next Council meeting, entertain requests for referral of additional workshop agenda items to the
Commission. The motion was seconded by Councilman Mulryan and carried unanimously.
RE: REPORT ON COMMUNITY SCHOOL PROGRAM - FILE 9-3-65
Mr. Fred Auda, Community School Coordinator, reviewed his written report on the first six months of
the Bahia Vista project and objectives for the next six months. Mr. Harry Holland, Bahia Vista
School Principal, and Pauline Haro, Chairperson of Project Canal, commented on the success of the
project to date and expressed appreciation for the City's cooperation. Mayor Bettini thanked Mr. Auda
for the report.
RE: REPORT ON SUMMER RECREATION PROGRAM - FILE 9-3-65
The report was discussed artd Council took the following action:
On motion by Councilman Mulryan, second by Councilman Nixon, the rates for day care services were in-
creased by 30 percent; with rates to be reviewed after a cost analysis has been developed.
On motion by Councilman Miskimen, second by Councilman Nixon, the non-resident fee was increased from
$5 to $7.
On motion by Councilman Nixon, second by Councilman Jensen, the Council voted to delete the Teen Drop
in Center at Albert Park.
On motion by Councilman Miskimen, second by Councilman Nixon, authorization was given to modify, as
deemed appropriate by the Recreation Department, rates for Terra Linda Swim Team and the Ladies Water
Slimnastics.
On motion by Councilman Jensen, second by Councilman Nixon, the Council adopted the staff recommenda-
tion that the pre-school programs be held at current levels and not be expanded.
RE: REPORT OF FIRE DEPARTMENT ON SMOKE DETECTOR DEVICES - FILE 9-3-31 x 13-5
A motion was made by Councilman Mulryan, seconded by Councilman Miskimen and unanimously carried, to
approve the concept of battery-operated smoke detector devices being required on resale or structural
change to family dwellings and authorize preparation and submittal of such an ordinance.
RE: REPORT ON COST SURVEY - COURTESY MAILING LISTS (AGENDA) FILE 1-4-2
After Council discussion, a motion by Councilman Nixon that staff be instructed to continue to pro-
vide the mailings to San Rafael residents without charge and set fees for mailings to non-residents,
was seconded by Councilman Mulryan and unanimously carried.
RE: COMMUNICATION FROM LEAGUE OF WOMEN VOTERS - FILE 13-16
Discussion revealed that review of the Housing Assistance Plan presented by the County of Marin is not
complete and the City Manager was asked to inform the appropriate representative that the City will n
not take action on the three-year action plan prior to the Priority Setting Committee meeting of April
29, 1976.
RE: APPOINTMENT TO PRIORITY SETTING COMMITTEE - FILE 9-1
Councilman Jensen's request that he be replaced as the City's representative was continued to the
meeting of May 3, 1976.
RE: PROPOSED AMENDMENT, BUSINESS LICENSE ORDINANCE, MINI -WAREHOUSES AND RECREATIONAL VEHICLE STORAGE -
r FILE 9-10-2
This item was continued and staff was directed to advise affected persons of the date Council will
consider the proposed amendment.
RE: NON -AGENDA ITEM - REQUEST FROM COUNTY OF MARIN REGARDING COST OF PATROL OF CHINA CAMP - FILE
13-14-1
City Manager Bielser informed the Council of the request for four-way participation (County, City,
State and Chin Ho) in the cost of $12,000 for patrol of the China Camp open space area between now
and October.
On motion by Councilman Mulryan, second by Councilman Nixon, the Council unanimously approved the
expenditure of $3,000 as requested by the County of Marin.
RE: NON -AGENDA ITEM - POLICY REGARDING BUDGET PREPARATION - FILE 8-5
City Manager Bielser relayed a request from the Parks and Recreation Commission that the Parks and
Recreation Department budget be submitted to the Commission prior to presentation to the Council.
The Council reaffirmed its policy that all budgets be prepared for submission to the Council and then
referral to the respective commission.
9
3�
3�5
In the Council Chambers of the City of San Rafael, Monday, April 26, 1976 at 8:00 P.M. (Joint Meeting
with Planning Commission).
Adjourned Regular: Councilmen Present: Lawrence E. Mulryan, Acting Mayor
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Councilmen Absent: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
Commissioners Present: Albert J. Boro, Chairman
Dorothy L. Breiner, Commissioner
Clifford S. Lund, Commissioner
Donn E. Nissen, Commissioner
Richard P. Rodriques, Commissioner
John A. Starkweather, Commissioner
Commissioners Absent: Benjamin C. Albritton, Commissioner
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Fred C. Robbins, Jr., i
Acting City Attorney; Herbert G. Hotchner, Planning Director.
FILE 13-14.1
Acting Mayor Mulryan opened the joint meeting of the San Rafael City Council and Planning Commission,
a workshop session consisting of the Commission presentation on the density projection technique and
open space selection process, followed by any questions which the public asked of the Planning Director
or Commission. Chairman Boro gave the background on the Commission review which led to the recommenda-
tions for open space acquisition.
Planning Director Hotchner presented the Density Projection Technique for the major unincorporated
lands in the Planning Area. The technique assigns a range of densities which are based on a review
of land capability, significant community viewpoints and the existing neighborhood development pat-
tern. Mr. Hotchner reviewed how this technique applied to an analysis of potential open space areas
and then presented the Planning Commission recommendations for open space acquisition, utilizing the
1972 open space bond monies.
he Council agreed to consider the date for a public hearing at its meeting on May 3, 1976.
e Council adjourned.
MARION A. GRADY, City Clerk
APPROVED THIS IV DAY OF 1976.
&4� eAeC
MAYOR OF THE CITY OF SAN RAFAEL
r--
In the Council Chambers of the City of San Rafael, Monday, May 3, 1976, 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: CONSENT CALENDAR
On motion by Councilman Mulryan, second by Councilman Nixon, the recommended action of the following
Consent Calendar items was unanimously approved:
Item
Approval of Minutes of Adjourned Regular Meetings of April
12 and April 26, 1976, and Regular Meeting of April 19,
1976.
Open House, Sunday, May 23, 1976 from 3:00 to 5:00 p.m. -
San Rafael City Library. FILE 9-3-61
Claim for Damages - Carol A. Brown, Claimant - File 3-1-233.
Claim for Damages - Kenneth M. Praszker, Claimant - File
3-1-234.
RE: CONFLICT OF INTEREST CODE FOR CITY AGENCIES - FILE 9-4-2
Recommended Action
Approve as submitted.
Approve Open House to show visitors
the expanded facilities and dedicate
the Webb Community Room.
Deny and refer to Insurance Carrier.
Deny and refer to Insurance Carrier.
This item was removed from the Consent Calendar, discussed as to procedure for code adoption, and
referred to the City Attorney for preparation in cooperation with the various affected departments
and agencies.
RE: REPORT ON CULTURAL AFFARIS COMMISSION VACANCY - FILE 9-2-24
The Council set May 17, 1976 at 7:30 P.M. as the date and time to interview the two applicants, Maxim
W. Firth and Daniel J. Mardesich.
RE: STATUS REPORT FROM PLANNING DEPARTMENT ON VARIOUS ITEMS - FILE 10-2
The Council received a written report from Planning Director Hotchner on review of Recreational
Vehicle Enforcement, Peacock Gap Area Zoning, Houseboat Regulatory Program and Assembly Bill 3352. A
90 -day period was set for completion of the Planning Commission review of the Houseboat Regulatory
Program.
RE: PROGRESS REPORT ON HOUSING ASSISTANCE ACTION PLAN REVIEW - FILE 13-16
This item was continued to May 17, 1976, after the Redevelopment Citizens Advisory Committee review
which is scheduled for May 6.
RE: REPORT ON HISTORICAL PRESERVATION PROGRAM - FILE 13-14-2
Following discussion of the report,on motion by Councilman Nixon, second by Councilman Mulryan, this
item was unanimously referred to the Cultural Affairs Commission.
RE: REPORT ON PROPOSED ACQUISITION OF PROPERTY - GREENFIELD AVENUE AND THE MIRACLE MILE - FILE 2-7.1
The status of this item was discussed and staff was directed to discontinue negotiations for acquisi-
tion.
RE: REPORT ON PROPOSED MINI -WAREHOUSE BUSINESS LICENSE FEES -FILE 9-10-2
Director of Public Works Caillouette presented the staff report, recommendting three revisions to the
original proposed ordinance which the affected persons have agreed are acceptable. Mr. Herman Deitch
Realtor, spoke in opposition to the ordinance. Mr. Ken Miles, prospective owner and manager of a
mini -warehouse on Francisco Boulevard, felt the Council should delay approval of the fees until the
market potential is known.
Following discussion, the item was returned to staff with instructions to report on alternate methods
for determi0 ng fees.
RE: GRANT OF EASEMENT TO PG&E - FIFTH AVENUE AND "D" STREET - FILE 2-14
RESOLUTION NO. 5112 - RESOLUTION AUTHORIZING THE SIGNING OF A GRANT OF EASEMENT TO PACIFIC GAS
AND ELECTRIC COMPANY FOR INSTALLATION AND MAINTENANCE OF UNDERGROUND SPLICE
BOX AT FIFTH AVENUE AND "D" STREET.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
.t„Ju�_—�.1._.•-.,.-.�:•.n!��.1,....1,1��+�1i-�e+F.:..�-yf.l!ie�n:�!.+3��b�?�Y-.L,..�.�a.�.i.R�r#�.�'..,��lJ`.d�1.1R].._.�..��.t4n�.
327
RE: REPORT ON SIGN APPEAL PROCEDURE AND SIGN ORDINANCE REVISION REQUESTS - FILE 125
The Council received a report from Planning Director Hotchner, requested at the previous meeting, re-
viewing the appeal process contained in the sign ordinance.
Mr. Dick Rush, Executive Vice President and General Manager of the San Rafael Chamber of Commerce, pre-
sented a letter which he read into the record, including seven recommendations for amending the pre-
sent sign ordinance and asking that a subcommittee be appointed to discuss in workshop sessions and
make additional recommendations for submittal to the Planning Commission. He asked that Commissioner
Lund be one of the members of the subcommittee.
After discussion, a motion by Councilman Nixon to approve the concept of the workshop sessions and the
seven initial concerns, with the stipulation that the subcommittee not consist of any specific Com-
missioner but members appointed by the Planning Commission, was seconded by Councilman Jensen and
unanimously approved.
RE: PUBLIC HEARING ON DENSIIv PROJECTION TECHNIQUE AND OPEN SPACE ACQUISITION - FILE 13-14-1
June 15, 1976 was set as the date for the public hearing before the Council.
RE: COMMUNICATION FROM BAHIA VISTA PTA REGARDING CANAL SWIM SAFETY PROGRAM -FILE 9-3-65
The request for support of the 1976 Program to start June 21 or 22 with registration beginning June 7,
1976, was referred to the Parks & Recreation Commission for review on May 13 and report to Council for
consideration on May 17, 1976.
RE: COMMUNICATION FROM CANAL COMMUNITY COUNCIL REGARDING PICKLEWEED PARK EXPANSION - FILE 12-5 x
i'�_ia_I
The Council discussed with Chairperson Pauline Haro, Canal Community Council, Marin County Supervisor
Gary Giacomini and community members, the request for approval of the formation of a County Service
Area for the purpose of acquiring 17 acres adjacent to Pickleweed Park.
Mr. Leonard Waldo represented Mr. Purdy, owner of the property. He stated that the Purdy's property
costs are in excess of $1 -million, they have an appraisal of $1.2 -million, and asked that this informa-
tion be included in the record.
The Council felt that a subcommittee should be formed with two members from the City, two from the
Board of Supervisors and two from the homeowners group. Supervisor Giacomini was agreeable to serving
on such a subcommittee.
A motion by Councilman Miskimen to approve in concept the formation of CSA No. 26 and direct a com-
munication to LAFCO expressing approval prior to its next meeting, was seconded by Councilman Nixon and
unanimously carried.
he City staff was directed to prepare a complete report on costs of acquisiton, use plan, sources of
unding, etc.
RE: REPORT ON BID OPENING - FIRE APPARATUS - FILE 4-2-117
Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the staff recommendation that
the bid for the two Squads be awarded to the Western Fire Equipment for $57,528 and that the Depart-
ment purchase $11,236 for equipment from the various vendors submitting bids to outfit the Squads.
RESOLUTION NO. 5113 - RESOLUTION AWARDING CONTRACT FOR FIRE APPARATUS (to Western Fire Equip-
ment Co.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
(NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION OF INTENTION TO PASS AN ORDINANCE SETTING BAIL SCHEDULES FOR CERTAI
VIOLATIONS AND PROVIDING FOR A CITATION PROGRAM - FILE 9-10-2
ICIPAL CODE
Planning Director Hotchner asked that the Exhibit be amended by adding Section 14.12.030 and amending
Section 14.12.070.B.5, to read as follows:
"1412.030 Placement or Erection of Signs without Sign Review as required $50.00
14.12.070.B Prohibited Signs which Move 50.00"
Motion by Councilman Jensen, second by Councilman Mulryan, to adopt the Resolution of Intention as
amended.
RESOLUTION NO. 5114 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL OF ITS INTENTION
TO PASS AN ORDINANCE SETTING BAIL SCHEDULES FOR CERTAIN MUNICIPAL CODE
VIOLATIONS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON WORKMEN'S COMPENSATIO - ELLE—q _6-3r
The Council received the staff report and, after discussion, appointed Mayor Bettini and Councilman
Mulryan to serve on a subcommittee to investigate self-insurance Workmen's Compensation and repo
soon as possible.
RE: REQUEST FOR REPORTS FROM CITY ATTORNEY - FILE 9-3-16
The Council discussed this request and no action was taken.
RE: DISCUSSION OF COUNCIL MEMBER ASSIGNMENTS - FILE 9-1
Discussion revealed that the Retail Store and Developer Committee, SRRA, should be deleted from the
list of assignments and Mayor Bettini's term on the Bay Area Sewer Services Agency will expire July
15, 1976.
Councilman Miskimen was appointed to replace Councilman Jensen on the Priority Setting Committee.
The Council adjourned to May 17, 1976 at 7:30 p.m.
�% lt/Lu�✓ GC �i � �,
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF 1976.
44C(
MAYOR OF THE CITY OF SAN RAFAEL
329
In the Council Chambers of the City of San Rafael, Monday, May 17, 1976, at 7:30 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; Helen L. McDaniel, Acting City Clerk; Harry A.
Connick, City Attorney.
RE: INTERVIEW OF CULTURAL AFFAIRS COMMISSION CANDIDATES - FILE 9-2-24
The Council interviewed two applicants and unanimously appointed Mr. Daniel J. Mardesich to fill the
vacancy created by the resignation of Mr. Richard Carter, for the term expiring in April, 1977. It
was suggested that Mr. Firth might be interested in the resulting vacancy on the Technical Advisory
Committee.
RE: PRESENTATION BY THE SAN RAFAEL POLICE ASSOCIATION AND PROCLAMATION DESIGNATING "POLICE WEEK" -
FILE 9-3-30 x 110
Officer Jim Kelly, President of the San Rafael Police Association, presented a picture entitled "The
Reward is Worth the Risk" to the citizens of San Rafael, through the City Council, and asked that it
be displayed in a public place during Law Enforcement Week this year and in the future. Mayor Bettini
accepted on behalf of the City.
A motion by Councilman Jensen that the Mayor be authorized to sign a proclamation designating the week
of May 14 to May 20 "Police Week," was seconded by Councilman Nixon and unanimously carried.
RE: RESOLUTION AUTHORIZING FORMATION OF COUNTY SERVICE AREA NO. 26 - CANAL AREA - FILE 13-14.1 x 12 -
The request for adoption of a resolution consenting to formation of the proposed Councyt Service Area,,
approved in concept by the Council on May 3, 1976, was discussed. There was considerable public com-
ment from both proponents and opponents to the proposed CSA formation. The Newport Homeowners Associa-
tion, represented by Attorney John McCall and Architect James Ring, presented an alternate proposal
for development of two smaller parks instad of the 17 -acre park.
RESOLUTION NO. 5116 - RESOLUTION CONSENTING TO FORMATION OF COUNTY SERVICE AREA NO. 26.
AYES: COUNCILMEN: Miskimen, Mulryan, and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: CONSENT CALENDAR
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the recommended action of the
following Consent Calendar items:
I tem
Approval of Minutes of Regular Meeting of May 3rd, 1976.
Claims for Damages -
Anthony J. Trono, Claimant, No. 3-1-220
Elizabeth Bilibok, Claimant, No. 3-1-227
Ronnie De Simone, Claimant, No. 3-1-228
Tracy Ann Kitchak, Claimant, No. 3-1-230
Marla Schmitter, Claimant, No. 3-1-232
Resolution Adopting Map Designating Existing Parks and
Recreation Facilities - File 12-15.
Appeal of Planning Commission Denial of Six -Lot Subdivi-
sion, 2155 Francisco Blvd., Raymond and Melvin Piombo,
Owners - File 10-8.
Recommended Action
Approve as submitted.
Deny and refer to Insurance Carrier.
RESOLUTION NO. 5115 - A Resolution of the
City Council of the City of Seen Rafael
Adopting a Map Showing Park Sites.
Set public hearing for June 7, 1976.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR APPROVAL OF PERMIT FOR CARNIVAL AT NORTHGATE MALL ON MAY 19, 1976 FROM AMERICAN
REVOLUTION BICENTENNIAL COMMISSION - FILE 9-10
Mrs. Sullivan, Secretary of the Bicentennial Commission, requested that permit fees be waived since
the proceeds will provide a scholarship fund for students of Marin County. Mr. Cohn, Vice President
of the West Coast Shows, advised that he plans to provide a private security patrol which he felt
would alleviate the need for patrol by City police.
After discussion with Polic- Chief Kelly regarding security, Councilman Nixon moved approval of the
emergency permit for West Coast Shows,that business license fees be waived, that police manpower be
utilized as recommended by staff (cost to be paid by West Coast Shows), and that Chief Kelly be
authorized to reduce policing if warranted. The motion was seconded by Councilman Mulryan and carried
unanimously.
RE: CANAL SWIM PROGRAM - FILE 9-3-65
Following staff report and discussion, a motion by Councilman Miskimen to approve the Canal Safety
Swim Program recommended by the Parks & Recreation Commission, with a $4.00 fee to participants was
seconded by Councilman Mulryan and unanimously carried.
(Councilman Jensen left the Council meeting)
RE: REPORT ON HOUSING ASSISTANCE ACTION PLAN REVIEW - FILE 13-16
The Council received the Planning Commission and Redevelopment Citizens Advisory Committee recommenda-
tions approving the concept of the County plan. Several persons spoke in support of the program. Mr.
Donald Gutoff, Marin County Planning Director, solicited City participation. Discussion included the
role of the Redevelopment Agency in low-cost housing, objectives of the San Rafael General Plan, and
the cost and administration of the proposed plan.
Motion by Councilman Mulryan, second by Councilman Nixon, to endorse the concept that the housing
problem is a regional problem and is best investigated and solved on a regional biasis, and to ac-
knowledge the Priority Setting Committee to coordinate the three-year Housing Assistance Action Plan.
The motion carried by the following vote:
AYES: COUNCILMEN :Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Bettini
ABSENT: COUNCILMEN: Jensen
RE: REPORT ON CIVIC CENTER FIRE STATION ARCHITECTURAL PROPOSALS - FILE 9-3-31
Councilman Miskimen moved, second by Councilman Mulryan, to appoint a committee consisting of Mayor
Bettini and Councilman Nixon to meet with a committee from the Fire Commission for joint interviews.
Motion by Councilman Nixon to amend the motion by striking "Councilman Nixon" and inserting "Council-
man Jensen". Second by Councilman Miskimen and carried by the following vote:
AYES: COUNCILMEN: Miskimen, Mulryan, and Nixon
NOES: COUNCILMEN: Mayor Bettin
ABSENT: COUNCILMEN: Jensen
The original motion, as amended, carried by the following vote:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Mayor Bettini
ABSENT: COUNCILMEN: Jensen
The Council indicated that the Committee approach could be used for such interviews in the future.
RE: AWARD OF CONTRACT FOR BANKING SERVICES/CITY OPERATING ACCOUNT - FILE 4-10-59
Finance Director Averett reported that of the seven bids received, the Bank of Marin and Security
Pacific are equally low bidders.
A motion by Councilman Miskimen that the Finance Director be authorized to determine which bank shall
be awarded the contract by flipping coin, was seconded by Councilman Mulryan and unanimously carried.
RE: PROPOSED CONVERSION TO CONDOMINIUMS - TERRA LINDA MEADOWS - FILE 10-2
Motion by Councilman Nixon, second by Councilman Mulryan, to approve the concept recommended by the
Staff in handling the conversion, with staff to interview representatives of the inspection organiza-
tion and report back at the next meeting. The motion carried unanimously.
The City Council moved to Executive Session to issue instructions to its Employee Negotiator.
Council adjourned to June 7, 1976.
HELEN L. McDANIEL, Acting City Clerk
APPROVED THIS DAY OF , 1976.
J��L,d"W
MAYOR OF THE CITY OF SAN RAFAEL
r—
331
In the Council Chambers of the City of San Rafael, Monday, June 7, 1976, 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: CONSENT CALENDAR
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action of the
following Consent Calendar items:
Item Recommended Action
Approval of Minutes of Regular Meeting of May 17, Approve as submitted.
1976.
Claim for Damages - Philip A. Torre, Claimant (File Deny and refer to Insurance Carrier.
3-1-235)
Petition of Property Owners for Repaving Glen Park
Avenue, Villa Avenue and Roger Drive. (File 101)
Communication from San Rafael Meadows Improvement
Association. (File 5-2-67 x 9-12)
Report on Bids - Catch Basin Grate Replacement,
Project No. 9638-76.104 (File 4-1-244)
Planning Commission Recommendation - Assembly Bill
No. 3352 (F'le 116)
Acknowledge.
Approve staff recommendation (endorse 7� tax
levy for Flood Control Zone #6).
RESOLUTION NO. 5117 - Resolution of Award of
Contract (to Sun Iron Works, Inc.)
Accept Planning Commission recommendation (op-
pose AB3352).
Agreement with Mahoney Contracting, Inc. consenting RESOLUTION NO. 5118 - A Resolution Authorizing
to deferral of the installation of landscaping and the Signing of a Lease or Agreement (Mahoney
irrigation at 3095 Kerner Boulevard, by posting a Contracting, Inc.)
cash or performance bond (File 4-10-91)
Amendment to Repayment Contract - Redevelopment RESOLUTION NO. 5119 - A Resolution Authorizing
Agency, pertaining to purchase of parking lot the Signing of a Lease or Agreement (Redevelop -
property, Fifth and "D" Streets (File 140 x 4-16-1) ment Agency)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPEAL OF PLANNING COMMISSION DENIAL OF SIX -LOT SUBDIVISION (TS76-1), 2155 FRANCISCO BOULEVARD,
RAYMOND AND MELVIN PIOMBO, OWNERS - FILE 10-8
Mayor Bettini opened the public hearing on the appeal by Harold S. Lezzeni, owners' representative,
of the Commission denial, without prejudice, of the Subdivision due to conflict with the General Plan.
Planning Director Hotchner presented the report and staff recommendation. Council had received copies
of the letter of appeal and the reports and Planning Commission minutes. The property had been duly
posted and adjacent property owners noticed.
Mr. Harold Lezzeni, Appellant, indicated the owners' agreement with the staff recommendation of con-
tinuance until the location of Kerner Boulevard is resolved.
A motion by Councilman Jensen that the public hearing be continued to July 19, 1976, recognizing ap-
plicant's agreement, and in the interim the item be reviewed by the Planning Commission after the
staff and property owners have arrived at a solution as to the location of Kerner Boulevard, was
seconded by Councilman Nixon and unanimously carried.
RE: PUBLIC HEARING - PREZONING OF ASSESSORS'S PARCELS 179-022-04, 179-211-16, AND A PORTION OF LOS
RANCHITOS ROAD PreZ76-3 . DEBES PROPERTY. FROM COUNTY ZONE A -2:B-4 TO CITY ZONE R -1-B-4 DIS-
- FILE 5-2-70 x 10-3
Mayor Bettini declared the public hearing open.
Planning Director Hotchner referred to the written staff report and Planning Commission recommendation,
copies of which had been furnished to the Council. The property had been duly posted and adjacent
property owners noticed.
Mr. Earl Van Note addressed the Council regarding the advantages of annexation. He was advised that
comments as to animals in the area proposed for annexation should be made at the hearing before the
Local Agencies Formation Commission or at the Council hearing on the annexation. Mayor Bettini then
closed the public hearing.
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, that the proposed
ordinance be passed to print.
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 the County Zoning A -2:B-4 (Agricultural or Single Family on one acre lots) District to
the City Zoning R -1-B-4 (Single Family Residential on one acre lots) District, and numbering Charter
Ordinance No. 1218, 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 left the Council Chambers.
RE: ORDINANCE REZONING SMITH RANCH, SMITH RANCH ROAD, FROM "U" TO P -D DISTRICT, JORDAN AND EDWARD
SMITH, OWNERS: CARLOS GONZALEZ AND MICHAEL SMITH, REPRESENTATIVES - FILE 10-3
Planning Director advised that the Planning Commission had made an additional change to the wording
in subsection "d" which the City Attorney has ruled nullifies the action on April 19 wherein the
Council passed this matter to print. The C ouncil has received copies of the revised ordinance in-
cluding this change.
Motion by Councilman Miskimen, second by Councilman Jensen, that the revised ordinance rezoning Smith
Ranch be passed to print.
An Ordinance of the City of San Rafael amending the Boundaries of Districts in accordance with Section
14.92.010 of the Municipal Code of San Rafael, California, so as to reclassigy certain real property
from "U" (Unclassified) District to 'P -D" (Planned Development) District, and numbering Charter Ordi-
nance No. 1219, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: RECOMMENDATIONS OF CULTURAL AFFAIRS COMMISSION REGARDING REVISED HISTORIC PRESERVATION ORDINANCE -
FILE 13-14-2
Councilman Nixon returned to the Council Chambers.
The Council received a written report and verbal presentations from City Manager Biesler, Cultural Af-
fairs Commission Chairman Batman and Planning Director Hotchner.
Redevelopment Citizens Advisory Committee Chairman Russom suggested review of the recommended historical
survey by that Committee.
Following Council discussion, Councilman Jensen moved, second by Councilman Nixon, that this item be
referred to the Redevelopment Citizens Advisory Committee. The motion carried unanimously.
Motion by Councilman Jensen, second by Councilman Mulryan, that the proposed ordinance relating to
notice of hearing on historic preservation designation be passed to print.
An Ordinance of the City of San Rafael Amending Title 2, Chapter 2.18, entitled "Historic Preserva-
tion," and numbering Charter Ordinance No. 1220, 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: REPORT ON FALKIRK RESTORATION ARCHITECTURAL PROPOSALS - FILE 13-14-2 x 4-3-67
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to authorize the
staff to reduce the proposals to four for interviews by a joint committee from the Council and Cul-
tural Affairs Commission, and to appoint Councilman Jensen and Miskimen as the Council subcommittee.
RE: REQUESTS FROM NURSERY SCHOOL PROGRAM PARTICIPANTS REGARDING FEE INCREASES - FILE 9-3-65 x 9-10-2
After presentation of the staff report by City Manager Bielser, Parks & Recreation Commission recom-
mendation by Chairman Nicholson, a report by Linda Vail representing the Pooh Corner Nursery School,
and comments from several persons interested in the programs, the Council took the following action:
Councilman Miskimen moved that Council adopt the policy of not using the 30 percent costs in the fees
for the four programs, Tiny Tots, Pixie Preschool, Laurel -Dell and Pooh Corner. There was no second
to the motion.
A motion by Councilman Mulryan that Council adopt the policy that fees for these programs include only
the actual costs and that staff be directed to work with the groups to set up the proper fee schedule
for each program, was seconded by Councilman Miskimen and unanimously carried.
A motion by Councilman Mulryan to continue the current charge, with Council assurance that there will
be a rollback and refund to the adjusted level, was seconded by Councilman Jensen and unanimously
carried.
A further motion by Councilman Nixon to rescind the 30 percent increase, refund the 30 percent to those
who have paid the increase, and establish an adjusted fee effective when negotiations have resolved
the overhead factor, was seconded by Councilman Miskimen and unanimosly carried.
333
RE: REPORT ON PROPOSED EXPANSION OF PICKLEWEED PARK - FILE 12-5
An analysis of various expansion proposal concerning Pickleweed Park was presented by the City staff.
Chairman Pauline Haro of the Canal Community Council spoke regarding review of the proposals with the
City staff. Ms. Eileen Taylor presented a letter from the League of Women Voters of Central Marin re-
lating to the planning of the park.
The Council discussed the report and the matter was referred to the Parks and Recreation Commission,
and to the Canal Community Council and people involved for review. City Manager Bielser was authorized
to provide staff assistance as necessary in explaining the development of the cost figures furnished.
RE: REPORT ON RIGHT-OF-WAY ACQUISITION SERVICES, OPEN SPACE - FILE 13-14-1 x 4-13-44
The Council accepted a report from City Manager Bielser that the County of Marin is now unable to pro
vide staff services to the City for open space acquisition. An alternate plan will be presented at
a later date for Council consideration.
RE: PROPOSED CONVERSION TO CONDOMINIUMS - TERRA LINDA MEADOWS - FILE10-2
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that the Council
approve the staff recommendation to authorize the firm of Architectural and Structural Investigation
Systems of Belmont, California, to proceed with the inspection work required by the City's Ordinance,
subject to the four conditions contained in Public Works Director Caillouette's memorandum dated June
7, 1976.
RE: AGREEMENTS BETWEEN THE CITY AND SAN RAFAEL SCHOOL DISTRICT - FILE 2 -
The Council received the staff recommendation that the Mayor and City Clerk be authorized to sign
Lease Agreements for the Glenwood School tennis court site and improvements at the Peacock Gap School
site.
Mr. Edmund Duggan, representing the Glenwood Homeowners Association, commented favorably on the pro-
posed location of the tennis courts. Mr. Bob Lynn, speaking for Bayside Acres homeowners, expressed
opposition to the location.
RESOLUTION NO. 5120 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL
SCHOOL DISTRICT (for use of a portion of the Glenwood School site for community
recreation purposes)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
,RESOLUTION NO. 5121 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL
SCHOOL DISTRICT (for use of a portion of the Peacock Gap School site for com-
munity recreation purposes)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FROM MRS. ROY MICHAEL REGARDING DONATION OF STREET CLOCK - FILE 105
The Council received a request from Mrs. Michael that the Council decide on a location for the clock
donated in memory of her husband. The staff was directed to contact McKeon Construction Company to
see if the clock could be located in the Courthouse Square area and report to Council at the next
meeting.
RE: REQUEST FROM MR. RICHARD SADLER REGARDING FIRE HAZARD - FILE 13-5
The Council received a communication from Mr. Sadler regarding increased fire prevention activities
during the unusually dry period. Fire Chief Marcucci reported that the City staff is currently pro-
viding increased protection.
Motion by Councilman Nixon, second by Councilman Miskimen, that Mr. Sadler's letter be referred to
the Fire Commission for review, with the understanding that they explore all areas for providing
adequate protection. Motion carried unanimously.
RE: PRESENTATION OF PETITION REGARDING CITY WELLS TO SUPPLEMENT WATER SUPPLY - FILE 101
Mr. Harry Leff, Jr., candidate for the Marin Municipal Water District Board of Directors, presented
a petition to the Council, asking that the City drill Municipal wells.
RE: APPROVAL OF RESUBDIVISION MAP - GLENWOOD KNOLLS - FILE 5-1-229
The resubdivision request by owners of property in the Glenwood Knolls Subdivision was presented,
along with the staff recommendation of approval subject to limiting the division of each of the exist-
ing five parcels into not more than two lots per parcel. Mr. Edmund Duggan, President of the Glenwood
Homeowners Association, advised that agreement of the Association is based on covenants of not more
than tow lots per parcel.
RESOLUTION NO. 5122 - RESOLUTION APPROVING FINAL MAP ENTITLED "RESUBDIVISION OF GLENWOOD KNOLLS."
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PRESENTATION OF 1976-1977 BUDGET DOCUMENT AND SUGGESTED SCHEDULE OF BUDGET HEARINGS - FILE 8-5—
The Council received the preliminary budget and confirmed the suggested schedule of meetings at 7:30
p.m. on June 14, June 17 and June 22, 1976. The staff was instructed to revise department budgets if
requested by Councilman Mulryan who will be unable to attend the June 14 and June 17 meetings.
RE: MUNICIPAL CODE REVISIONS - FILE 13-8 x 11-1 x 9-1-1
An Ordinance of the City of San Rafael Repealing Section 8.12.040, Offensive Words Prohibited, of the
San Rafael Municipal Code, and numbering Charter Ordinance No. 1221, 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
An Ordinance of the City of San Rafael Amending Sections 5.28.010, City Traffic Engineer to erect
Stop Signs, and 5.40.130, Display of Warning Devices when Commercial Vehicle Disabled, of the San
Rafael Municipal Code, and numbering Charter Ordinance No. 1222, 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 Miskimen left the Council Chambers.
An Ordinance of the City of San Rafael Amending Section 2.04.020, Special Meetings, of the San Rafael
Municipal Code, and numbering Charter Ordinance No. 1223, was read, introduced and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: AMENDMENT TO SAN RAFAEL MUNICIPAL CODE, SECTION 10.84.050, APPLICATION FOR TOW DRIVERS PERMIT AND
RFCnIIITTnN CPTTTNr. FFP PSR PPnrFCCTNr. PPRMTT _ PTIP 4_1n v q_1 n_9
An Ordinance of the City of San Rafael Amending Section 10.84.050, Application for Tow Truck Driver's
Permit, of the San Rafael Municipal Code, by Adding Section D. thereto, and numbering Charter Ordi-
nance 1224, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettin
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RESOLUTION NO. 5123 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEE FOR
PROCESSING OF A PERMIT, PURSUANT TO TOW CAR BUSINESS AND OPERATORS ORDINANCE.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: RESIGNATION OF PARKS AND RECREATION COMMISSIONER - FILE 9-2-4
Motion by Councilman
Jensen, second by Councilman Nixon and unanimously carried, to accept the
resigna-
tion of Commissioner
Del Davis, with regret, and instruct staff to call for applications for a
30 -day
period.
RE: DECISION OF BOARD OF REVIEW - DISCIPLINARY ACTION, FIRE DEPARTMENT - FILE 7-5 x 9-2-12
Mr. Richard H. Breiner,
Special Counsel for the City, stated that the Council has received the
Board
of Review recommendations
regarding the appeal of Captain Walser; the appropriate Council action
would either affirm,
negate or modify the decision of the Board of Review.
Motion by Councilman
Mulryan, second by Councilman Jensen, that the Council affirm the decision
of
the Board of Review
that the appeal be denied.
AYES: COUNCILMEN:
Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Miskimen
RE: REPORT ON CIVIC
CENTER FIRE STATION ARCHITECTURAL PROPOSALS - FILE 4-3-68 x 12-3
Mayor Bettini reported
that the Council subcommittee conducted interviews and selected the firm
of
Backen, Arrigoni and
Ross, Inc. for recommendation to the Council.
RESOLUTION NO. 5124
- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND BACKEN, ARRIGONI AND ROSS,
INC.
AYES: COUNCILMEN:
Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Miskimen
Councilman Miskimen
returned to the Council Chambers.
335
RE: SETTING DATE FOR COUNCIL MEETING - JULY 6, 1976 - FILE9-1
The Council scheduled Tuesday, July 6, 1976 for the first July meeting, since the regular meeting date
falls on a holiday.
r- jThe Council moved to Executive Session to discuss Employee Negotiations and Property Acquisition.
The Council adjourned to 7:30 p.m., June 14, 1976 for the first budget hearing.
MARION A. GRADY, City Clerk el
APPROVED THIS :�-/`'�DAY OF 1976.
MAYOR OF THE CITY OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, June 14, 1976, at 7:30 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: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick,
City Attorney.
RE: REVIEW OF PRELIMINARY BUDGET, 1976-1977 - FILE 8-5
The Council met in the Council Chambers for the first hearing on the 1976-1977 budget, considered the
individual budgets and it was moved, seconded and carried to delete four currently authorized positions
of General Services Director, City Planner, Tree Trimmer and Building Inspector as proposed; approve
reclassification of one Maintenance Man II to Maintenance Man III (Public Works), one Maintenance Man
I to Maintenance Man II (General Services), and one Administrative Assistant to the City Manager to
Assistant to the City Manager; approve, in concept,.the proposed revision of business license fees,
permits, other fees and service charges; to reduce the proposed Capital Outlay in the City Attorney's
request for an Assistant.
It was moved, seconded and carried to approve the proposed budgets for the City Council, City Clerk
Administration and Elections, City Manager, City Attorney (as revised), Personnel, Finance, and Police
with the deletion of the Communications Center which will be considered with the Capital Improvement
budget.
City Manager Bielser and Finance Director Averett reviewed for the Council new guidelines for Federal
.revenue sharing.
The Council adjourned to June 15, 1976.
er
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF _, 1976.
MAYOR OF THE CITY OF SAN RAFAEL
Q ➢ � Ii V Ti
In the Council Chambers of the City of San Rafael, Tuesday, June 15, 1976, at 8:00 P.M.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor 4
Fred E. Jensen, Councilman 4
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilmanj
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City
Attorney.
RE: PUBLIC HEARING - OPEN SPACE ACQUISITION AND DENSITY PROJECTION TECHNIQUE - FILE 13-14-1 x 10-2
Mayor Bettini requested that Acting Mayor Mulryan conduct the meeting since he had presided at the
original presentation. Acting Mayor Mulryan declared the public hearing open.
Planning Director Hotchner presented a report on the density projection technique and open space selec-
tion process, and the Planning Commission procedural and acquisition recommendations which were based
on evaluation of land capability, visual impact, and neighborhood sphere of influence and existing
density.
Mr. Bob Winckler, President of the Peacock Gap Homeowners Association, voiced concern regarding the
residential density ranges for undeveloped areas. Mr. Harry Winters, 201 Spring Grove, presented a
letter expressing concern about the density projection technique proposed by the Planning Commission
as an implementation of the General Plan for building on undeveloped areas. Mr. Joe Sheeks represented
a client in requesting an early Council decision regarding acquisition of open space.
Planning Commission Chairman Al Boro stated that the recommendation of the implementation plan was
unanimous and requested approval for the Commission to hold public hearings.
Discussion included some conceptual differences relating to densities, neighborhood spheres of in-
fluence and inclusion of undeveloped areas outside the City limits. However, in general, the Council
expressed approval of the recommendations and thanked the Planning Commission for a job well done.
Councilman Nixon moved that the Council accept the Planning Commission report dated March 20, 1976,
entitled "Planning Commission recommendations for Open Space Acquisitions;" and that the Council work
with City staff from this point forward on the acquisition of open space. The motion was seconded
by Councilman Miskimen and carried unanimously.
Councilman Nixon moved that the Council authorize the Planning Commission to initiate an amendment to
the Zoning Ordinance, incorporating in principle the Density Projection Technique, as proposed, and
authorize the Commission to hold public hearings thereon; second by Councilman Jensen and carried
unanimously.
RE: NON AGENDA ITEM - SENATE BILL 1716 - FILE 116
A motion by Mayor Bettini that a communication be sent to Senator Peter H. Behr requesting his negative
vote on Senate Bill 1716 to permit an Agency shop for public jurisdictions was seconded by Councilman
Jensen and carried unanimously.
The Council moved to Executive Session to discuss employee negotiations.
The Council adjourned to 7:30 p.m., June 17, 1976 for a budget hearing.
MARION A. GRADY, City Clerk
APPROVED THIS ,c DAY OF 1976.
MAYOR OF THE CITY OF!'-SAff RAFAEL
337
In the San Rafael City Hall, Thursday, June 17, 1976, at 7:30 P.M.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
RE: REVIEW OF PRELIMINARY BUDGET, 1976-1977 - FILE 8-5
The Council met in Room 301 for the second hearing on the 1976-1977 budget and considered the scheduled
budgets. Mr. David Greenlee recommended against decrease in the Building Department staff or, if
Council approves the proposed reduction, that building permit fees be reduced.
After discussion, it was moved, seconded and carried to revise the Parks Division of Public Works bud
get to reflect two Groundsman II and six Groundsman I positions, and to approve the proposed budgets
for Public Works Consolidated, Administration/Engineering, Streets, Building Inspection, Parks (as
revised); General Services Consolidated, Central Services, Building and Electrical Maintenance, Cen-
tral Garage; San Rafael Sanitation District; Parking District; Fire, CSA #19, and Civil Defense.
The Council adjourned to the next regularly scheduled meeting to be held on June 21, 1976.
MARION A. GRADY, City Clerk
APPROVED THIS /n ��� DAY OF L976.
I
eoftoe&44-t -
MAYOR OF THE CIT OF SAN RAFAEL
►J38'
In the Council Chambers of the City of San Rafael, Monday, June 21, 1976, 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: 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 Regular Meeting of June 7, 1976.
Claim for Damages - James S. Savoy, Claimant, File
3-1-236.
Contract for Banking Services with Security Pacific
National Bank - File 4-10-59.
Agreement with County of Marin regarding Patrolling
China Camp State Park - File 12-5 x (4-13-47.)
Report on Recommendations of Planning Commission.
a. Finding that proposed Tennis Courts on Glenwood
Elementary School Site are consistent with General
Plan (File 12-15)
b. Finding that the 1976-77 Capital Improvement Budget
is consistent with General Plan (File 8-5)
Recommended Action
Approve as submitted.
Deny and refer to Insurance Carrier.
RESOLUTION NO. 5125 - A Resolution Authoriz-
ing the Signing of a Lease or Agreement (with
Security Pacific National Bank)
RESOLUTION NO. 5126 - A resolution Authoriz-
ing the Signing of a Lease or Agreement (with
County of Marin)
Accept report.
Accept report.
c. Favorable Recommendation Regarding Marin Municipal Accept recommendation.
Water District Draft EIR on Soulajule Reservoir
Project and Negative Declaration for a Water
Resources Allocation Project. (File 151)
Recommendations of Planning Commission and Chamber of Accept recommendations. (Appoint Robert
Commerce for six -member Sign Review Committee (File 125) Hoffman and Richard Aunger from Chamber of
Commerce, Planning Commissioners Breiner
and Lund, and Sue Lifschiz and John Gal-
braith to represent the public at large.)
Adopting a Conflict of Interest Code Applicable to the Set public hearing for July 6, 1976.
Members of the City Council, Pursuant to the Political
Reform Act of 1974. (File 9-4-2)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CITY-STATE AGREEMENT FOR FUNDING, FOR PROTECTION OF RAILROAD GRADE CROSSINGS - FILE 4-10-92
This item was removed from the consent calendar for discussion of costs, which Public Works Director
Caillouette advised will be split 90% Federal and 10% City for construction costs with the Southern
Pacific Railroad doing the design and inspection.
RESOLUTION NO. 5127 - A RESOLUTION AUTHORIZING THE SIGNING OF CITY-STATE AGREEMENT NO. 3 AND
PROGRAM SUPPLEMENT NO. 1 FOR FEDERAL AID SAFETY IMPROVEMENT PROJECT, RAIL-
ROAD CROSSINGS PROTECTION.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
: PUBLIC HEARING - APP
4L OF PLANNING COMMISSION DECISION (ED76-20) BOAT STO
: RICHARD CLAYTON, OWNER: ROBERT EKLUND, REPRESENTATI
ING. LAUNCH -
Mayor Bettini opened the public hearing on this item, which was then continued to July 19, 1976 at the
request of the applicant and appellant.
RE: REPORT ON MARINA FEASIBILITY STUDY - FILE 4-10-81 x 2-7.1
Mayor Bettini opened the public hearing. Mr. Dan Coleman, Consultant for the Marina Feasibility Study,
Mr. William Stevenson, Financial Consultant, and Mr. Frank Burger, Soils Engineer, were present to
report and answer questions. Assistant Executive Director Ott requested that the Council consider the
339
conveyance of the feasibility report and a draft Environmental Impact Report, along with application H
for a construction loan and a commitment for site negotiation, to the Department of Navigation and I
Ocean Development. It was noted that the City can cease progress with no liability at any time prior
to receiving money from DNOD. Mr. Fred Enemark, Chairman, presented the Canal Committee recommendation
that the Council proceed by adopting the two proposed resolutions.
RESOLUTION NO. 5130 - RESOLUTION AUTHORIZING NEGOTIATION OF OPTION FOR THE PURCHASE OF
LAND FOR MARINA DEVELOPMENT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5129 - RESOLUTION AUTHORIZING THE CONVEYANCE OF AN ENGINEERING AND FINANCIAL
FEASIBILITY REPORT AND A DRAFT ENVIRONMENTAL IMPACT REPORT TO THE
DEPARTMENT OF NAVIGATION AND OCEAN DEVELOPMENT ALONG WITH A REQUEST
FOR FINANCING A MARINA IN THE AMOUNT OF $6,229,400.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION OF ORDINANCE NO. 1218, PREZONING DEBES PROPERTY AND A PORTION OF LOS RANCHITOS ROAD
PreZ76-3 FROM COUNTY ZONE A -2:B-4 TO CITY ZONE R -1-B-4 - FILE 5-2-70 x 10-3
It was reported that the Debes Annexation was not approved by LAFCO; therefore no action was taken to
prezone the area.
RE: FINAL ADOPTION OF ORDINANCE NO. 1219, REZONING SMITH RANCH, SMITH RANCH ROAD: JORDAN AND EDWARD
SMITH, OWNERS: CARLOS GONZALEZ AND MICHAEL SMITH, REPRESENTATIVES: FROM "U" TO P -D DISTRICT -
FILE 10-3
CHARTER ORDINANCE NO. 1219 - An Ordinance of the City of San Rafael Amending the boundaries of Dis-
tricts in accordance with Section 14.92.010 of the Municipal Code of San Rafael, California, so as to
reclassify certain real property from "U" (Unclassified) District to "P -D" (Planned Development) Dis-
trict, was passed and adopted as an ordinance of the City of San Rafa6l by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAIN: COUNCILMEN: Nixon
RE: FINAL ADOPTION OF ORDINANCE NO. 1220 AMENDING TITLE 2, CHAPTER 2.18, ENTITLED "HISTORIC PRESERVA-
TION." - FILE 13-14-2
CHARTER ORDINANCE NO. 1220 - An Ordinance of the City of San Rafael amending Title 2, Chapter 2.18 En-
titled "Historic Preservation," was passed and adopted as an ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION OF ORDINANCE NO. 1221 REPEALING SECTION 8.12.040, ENTITLED "OFFENSIVE WORDS PRO-
HIBITED." - FILE 13-8
CHARTER ORDINANCE NO. 1221 - An Ordinance of the City of San Rafael Repealing Section 8.12.040, Of-
fensive Words Prohibited, of the San Rafael Municipal Code, was passed and adopted as an ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION OF ORDINANCE NO. 1222 AMENDING SECTIONS 5.28.010, CITY TRAFFIC ENGINEER TO ERECT
STOP SIGNS, AND 5.40.130, DISPLAY OF WARNING DEVICES WHEN COMMERCIAL VEHICLE DISABLED - FILE 11-1
CHARTER ORDINANCE NO. 1222 - An Ordinance of the City of San Rafael Amending Sections 5.28.010, City
Traffic Engineer to erect stop signs and 5.40.130, Display of Warning Devices when Commerical Vehicle
Disabled, of the San Rafael Municipal Code, was passed and adopted as an ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION OF ORDINANCE NO. 1223 AMENDING SECTION 2.04.020, SPECIAL MEETINGS - FILE 9-1-1
CHARTER ORDINANCE NO. 1223 - An Ordinance of the City of San Rafael Amending Section 2.04.020, Special
Meetings, of the San Rafael Municipal Code, 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
340
RE: FINAL ADOPTION OF ORDINANCE NO. 1224 AMENDING SECTION 10.84.050, APPLICATION FOR TOW TRUCK DRIVER'S
PERMIT, BY ADDING SUBSECTION "D" THERETO - FILE 9-10 x 9-10-2
CHARTER ORDINANCE NO. 1224 - An Ordinance of the City of San Rafael Amending Section 10.84.050, Applica-
tion for Tow Truck Driver's Permit, of the San Rafael Municipal Code, By Adding Subsection D. thereto,
was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
i
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON LEVEL VI CABLE TV SERVICE - FILE 9-7-4 x 130
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to accept the report
and endorse the staff recommendation listed in Items 1 through 4 of Assistant to the City Manager
Meador's memorandum of June 17, 1976.
RE: RECOMMENDATIONS OF PARKS & RECREATION COMMISSION ON PROPOSED PICKLEWEED PARK EXPANSION - FILE 12-5 x
13-14-1
Parks & Recreation Commission Chairman Nicholson presented the recommendation that an area of five to
seven acres would be appropriate for the proposed park. Mr. Gerald Baker, Chairman Pauline Haro and Bret
Lowe of the Canal Community Council presented that Council's views. Marin County Supervisor Giacomini
advised that the County Capital Improvements budget and the Board policy for matching City funds for
this type project will be considered at 1:45 p.m., June 22, 1976 if a representative from the City
should wish to attend. Mr. Leonard Waldo, representing the property owner, again stated that they
have an appraisal in excess of $1.2 million.
A motion by Councilman Mulryan that the City obtain an appraisal on the 17 -acre Purdy property was
seconded by Councilman Miskimen and carried by the following votes:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
On motion by Councilman Miskimen, second by Councilman Mulryan and unanimously carried, a public hear-
ing on the proposed Pickleweed Park expansion was scheduled for July 6, 1976.
RE: REPORT ON STATUS OF URBAN THOROUGHFARE SYSTEM - FILE 4-13-8
Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to accept the staff
recommendation and endorse the further extension of the program and authorize staff to proceed with
working towards extension of the agreement.
RE: REQUEST RELATING TO FIRE HAZARD - FILE 13-5
Jane Levinsohn, speaking under Persons Wishing to Address Council, suggested action to control the il-
legal use of fireworks in the City and County.
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to request that
the Police Department fully enforce the regulations on the use of fireworks.
RE: REQUEST FOR ALCOHOLIC RECOVERY CENTER - FILE 10-2
On motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, a request for
consideration by the Planning Commission of a temporary permit to operate an alcoholic recovery center
at 805 "D" Street (pending the normal application process) was granted and referred to the Commission
for consideration on June 22. It was noted that there is a current use approved for drug rehabilita-
tion at this address.
RE: REPORT ON BID OPENING - WOODLAND AVENUE IMPROVEMENTS, PROJECT NO. 9344-76.106 - FILE 4-1-245
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, that Chet Bower,
Inc. be allowed to withdraw their bid due to financial hardship with no penalty to the bid bond, and
adopt a resolution awarding the bid to second low bidder, W. R. Forde Construction Co., in the amount
of $14,279.00.
RESOLUTION NO. 5131 - RESOLUTION OF AWARD OF CONTRACT (Woodland Avenue Improvements, to W.R. Forde
Construction Co., Inc.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mayor Bettini left the Council Chambers and Acting Mayor Mulryan presided.
RE: RECOMMENDATIONS OF FIRE COMMISSION REGARDING OPEN SPACE AREAS - FILE 13-5
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to adopt the Fire Com-
mission's recommendation that all open space within the jurisdiction be immediatoly closed to all
pedestrian traffic due to the extreme fire hazard, and reaffirm the prohibition of vehicular traffic
in these areas.
341
RE: PROPOSED ORDINANCE RELATING TO SMOKE DETECTION DEVICES - FILE 13-5
(Motion by Councilman Jensen, second by Councilman Miskimen, that the proposed ordinance be passed to
print and a public hearing scheduled thereon for July 6, 1976.
An Ordinance of the City of San Rafael Amending Section 4.08.030, Adoption of Uniform Fire Code, of
the San Rafael Municipal Code, and Amending Section 4.08.090, Article 13, Section 13.307 of the Uni-
form Fire Code, 1971 Edition, as adopted, relating to Household Fire Warning Systems, and Adopting
by refernece the National Fire Protection Association Pamphlets, and numbering Charter Ordinance No.
1225, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
,RE: CORRESPONDENCE FROM MR. JUAN FERRER REGARDING DRAINAGE CULVERT - FILE 12-9
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to approve the
request to construct a major storm drain concrete culvert within a City easement which crosses his
property, subject to approval of the design plans and inspection of the construction by the City.
Mayor Bettini returned to the Council Chambers.
RE: CORRESPONDENCE FROM CITY ATTORNEY REGARDING LIBRARY SITE - FILE 9-3-61
The Council received a report from City Attorney Connick and Peter L. Townsend's opinion relative to
removing the covenants from the title to the Library site.
Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to proceed, as sug-
gested, to petition the Court for the appointment of a trustee of the reversion and seek assurance
from the Title Insurance Company for review prior to filing.
RE: GOLDEN GATE TRANSIT BUS SHELTER CONSTRUCTION PROGRAM - FILE 2-11 x 112-2
Mr. Daniel E. Mohn, Senior Engineer, represented the Golden Gate Bridge District in requesting approval
of the concept of the bus shelter construction program.
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to approve the
concept of construction of bus shelters in San Rafael, subject to Planning Commission review.
i RE: MISSIO"; PASS TRAIL - COUNTY PROJECT - FILE 9-3-65 x (9-3-40)
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to endorse the
Mission Pass Trail, a County Multi-purpose Recreation Trail Project, in principle, subject to the
conditions previously adopted by the Planning Commission.
RE: EXPIRATION OF PLANNING COMMISSIONER'S TERM - FILE 9-2-6
This item was continued to the meeting of July 6, 1976.
RE: REQUEST REGARDING USE OF BRICKS ON SIDEWALKS - FILE 10-2 x 11-7
Slide presentations by Mr. Gil Murphy and by Public Works Director Caillouette relating to the use of
bricks for sidewalk construction was viewed by the Council. Mr. Murphy requested reconsideration
of the policy prohibiting the use of bricks.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to revise Council
policy to allow bricks for construction of sidewalks in some areas, subject to review by the Planning
Commission and Public Works Director.
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to rescind the for-
mer Council action pertaining to the use of bricks on the project at Fifth Avenue and Irwin Street
previously approved by the Planning Commission and allow the use of bricks as approved.
The staff was instructed to advise Mr. Brent Dickens, who had a similar approval by the Commission,
of this action.
RE: REPORT ON EMPLOYEE NEGOTIATIONS, 1976-1977 - FILE 7-8 x 7-3 x 7-8-1 x 7-8-2 x 7-8-3
Mr. Richard H. Breiner, Special Counsel, presented Memoranda of Understanding which have been signed
by the representatives of the three Employee Associations to be effective from July 1, 1976 through
June 30, 1979.
On motion by Councilman Nixon, second by Councilman Jensen, the three Memoranda of Understanding (with
the Marin Association of Public Employees, Local 2208 International Association of Fire Fighters, and
the San Rafael Police Association) dated June 21, 1976, were approved as presented.
RESOLUTION NO. 5132 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO. 5029 PERTAINING TO THE COMPENSATION AND WORKING CON-
DITIONS FOR FIRE DEPARTMENT PERSONNEL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RQFAEL AMENDING
RESOLUTION NO. 4994 PERTAINING TO THE COMPENSATION AND WORKING CON-
DITIONS FOR POLICE DEPARTMENT PERSONNEL
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5134 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO. 4985 PERTAINING TO THE COMPENSATION AND WORKING CON-
DITIONS FOR MISCELLANEOUS MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED
EMPLOYEES
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON MANAGEMENT SALARIES, 1976-1977 FISCAL YEAR - FILE 7-3-
The discussion of salary for the City Manager was continued to Executive Session.
RESOLUTION NO. 5135 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 1.5 AND 5 OF RESOLUTION NO. 4985 PERTAINING TO THE COMPENSA-
TION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL,
AND UNCLASSIFIED EMPLOYEES
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
An Ordinance of the City of San Rafael providing for Cost of Living Increase for City Council, and
numbering Charter Ordinance No. 1226, 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: ADOPTION OF ORDINANCE NO. 1227 PERTAINING TO DOG LICENSE FEES - FILE 9-10-2
City Manager Bielser presented a request from Marin County that Council adopt an ordinance increasing
the dog license fees to become effective as soon as possible.
CHARTER ORDINANCE NO. 1227 - An Urgency Ordinance of the City of San Rafael Amending Section 6.10.060
of the San Rafael Municipal Code Pertaining to Dog License Fees, was passed and adopted as an ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON WORKMEN'S COMPENSATION PREMIUMS - FILE 9-6-3
Councilman Mulryan reported that the sub -committee review revealed that the proposed self-insurance
warranted further consideration by the Council either on a City -insured basis or jointly with the
County of Marin.
RE: EXECUTIVE SESSION
The Council moved to Executive Session to discuss Employee Negotiation and Pending Litigation.
The Council adjourned to June 22, 1976 for a budget session.
'_-, '!�_ 4""e'
MARION A. GRADY, City Clerk
APPROVED THIS , _DAY OF 1976.
4rlzooe 4.441
MAYOR OF THE CITY OF SAN RAFAEL
343
In the San Rafael City Hall, Tuesday, June 22, 1976, 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
Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick,
City Attorney.
RE: REVIEW OF PRELIMINARY BUDGET, 1976-1977 - FILE 8-5
The Council met in Room 301 to consider the remaining items on the 1976-1977 budget. Library Board
Members Grasham, Kraemer and Merriman were present and spoke in opposition to the proposed $2.00 fee
for issuance of a library card. Mayor Bettini advised that the fees have not yet been finalized.
It was moved, seconded and carried to approve the proposed Library budget, including $2,400 for
temperature control glass and $10,000 towards the Menzies parking improvement as shown in the Capital
Improvement Summary, and with the addition of $1,000 for the Bookmobile.
Parks and Recreation Chairman Nicholson and Commissioner Wall were present for review of the Recrea-
tion budget. It was moved, seconded and carried to approve the request for additional clerical help
(20 hours a week) for the reception area, and approve the proposed Recreation Department budget with
this addition.
Cultural Affairs Commissioner Dekker was present during consideration of the Falkirk budget. It was
moved, seconded and carried to add $1500 to increase the part-time staff from four to six hours per
day, approve $10,000 towards the Menzies parking improvement as shown in the Capital Improvement Pro-
gram Summary, and reduce the capital outlay for purchase of a typewriter to $375. The proposed Fal-
kirk budget was adopted with these corrections.
It was moved, seconded and carried to approve the Planning Department budget as proposed.
During discussion of the Non -departmental Budget, Mayor Bettini expressed displeasure with continued
membership in ABAG. An additional $44,500 was added to the Workmen's Compensation premium. It was
moved by Councilman Mulryan and seconded by Councilman Miskimen to approve the proposed Non -departmental
Budget as amended. The motion carried by the following vote:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
It was moved, seconded and carried to approve the Bond Retirement Budget as proposed.
After discussion, and pending City Attorney Connick's ruling that projects are eligible for revenue
sharing funds as shown in the Preliminary Budget, it was moved, seconded and carried to approve the
Capital Improvements program as proposed, with the exceptions that the Computer Installation was
reduced to $15,000, the Communication Center was deleted, $20,000 was added for storm water pump re-
pairs and $15,000 added for vandal -proof barriers and reseeding of open space areas.
It was moved, seconded and carried to approve the Gas Tax Budget as proposed.
It was moved, seconded and carried to approve the Redevelopment Agency budget as proposed, with an
increase of $15,000 for Salaries and Wages.
Director of Public Works Caillouette discussed the Bellam Boulevard Reconstruction project and it was
moved by Councilman Miskimen, seconded by Councilman Mulryan and unanimously carried, that the City's
portion of the project cost be budgeted from Redevelopment funds.
The Council discussed the Unfinanced Activites as submitted by the City Manager, and approved $17,500
for the Canal Community School Program, $3,000 for a Council Audio & Recording System, and $5,000 for
Corporation Yard Improvements.
The Council discussed the funding for proposed survey of historic buildings and it was moved, seconded
and carried that $4,000 be included in the Redevelopment budget and $2,000 in the City budget.
A motion by Councilman Miskimen to budget $2,500 for the Don Timoteo School project failed for lack
of a second.
The Council adjourned to the next meeting scheduled on July 6, 1976.
MARION A. GRADY, City Clerk(,/
APPROVED THIS DAY OF �) 1976.
MAYOR OF THE CIT F SA R EL