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HomeMy WebLinkAboutMinutes 1970-1973 pt. 64 J 1 In Room 201 of the City of San Rafael, Wednesday, April 25th, 1973 at 5:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT - File 112-2 Councilman Jensen stated that he had asked that a special meeting be called upon reading in a newspaper that she Goldeii Gate Briuge, Highway and Transportation District is acquiring an additional 15 acres of land adjacent to its present 10 acres on Jacoby Street. The Council discussed with representatives of the Goldcn Gate badge District, concern over the impact of additional buses on nearby streets and heard a report from Public Works Director Norris Rawles that streets have been damaged. Also discussed was the extent that the Bridge Board has consulted with the City's Planning staff in the past and an assurance that it is the Board's intetnion to cooperate fully with the City. District En- gineer Robert Shields said that an Environmental Impact Study would be made on any planned explansion. The Bridge Board represenatives stated that there is a need for tie large buses as people will not trans- fer from feeder lines with smaller buses to major lines. City Attorney Frees Robbins, Jr. was directed to check on the need for an Environmental Impact Report on the current bus storage yard and make a written report to the Council. The representatives of the Bridge Board were asked to convey to the staff the City's concern that an Environmental Impact Study be made well in advance of any future development. RE: COURT HOUSE SQUARE - File 124 Councilman Nixon discussed the criticism of the development of Court House Square which he encountered during his election campaign. In view of the City's redevelopment potential he suggested that the plans could be reviewed. After discussion, it was moved by Councilman Nixon, seconded by Councilman Mulryan, the staff be instrucued to convey to the developer of the Court House Square our desires to first review the overall architecture and design of the development in the hope of possibly further upgrading the architectural standards and, secondly and more importantly, to consider the possibility of making some significant changes in concert with our tedevelopment powers with the objective of further opening up the square itself and possibly removing the parking structure. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None MARION A. GRADY, City Clerk Approved this day of91_�11�_i 9 73 f MAYOR OF THE CITY -OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 7, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: STATEMENT OF RESULTS OF THE SAN RAFAEL GENERAL MUNICIPAL ELECTION AND SPECIAL MUNICIPAL ELECTION, APRIL L7, 1973, AND SWEARING IN OF NEWLY ELECTED CANDIDATES - FILE 9 - RESOLUTION NO. 4466 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE STATEMENT OF RESULTS OF THE SAN RAFAEL GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE DIXIE SCHOOL DISTRICT GOVERNING BOARD MEMBER ELECTION, MARIN COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER ELECTION, AND THE MARIN COUNTY BOARD OF EDUCATION, TRUSTEE AREA NO. 3 GOVERNING BOARD MEMBER ELECTION HELD ON APRIL 17, 1973• AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None City Clerk, Marion A. Grady, administered the oaths of office to the newly elected Councilmen, Lawrence E. Mulryan and Jack G. Nixon, and School Board Members, Suzanne L. Beittel and Paul K. McMullen. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, to approve the minutes of the Special Meeting, February 26, 1973, and the Regular Meeting, February 26, 1973, a true and correct copy having been heretofore submitted to each member. RE: PUBLIC HEARING - EMPLOYER-EMPLOYEE NEGOTIATIONS FISCAL YEAR 1973-74, PURSUANT TO GOVERNMENT CODE SECTION 3500 ET SEQ - FILE 7-3 x 7-8 x 7-8-3 x 9-1 Mayor Bettini declared the public hearing open. City Manager, William J. Bielser presented a report, recommending ratification of Memorandums of Under- standing with the Police Officers Association and Marin County Employees Associaiton, adoption of resolu- tions establishing wages and working conditions for all City employees except those represented by Local No. 2208 of the International Association of Fire Fighters and the City Manager. He said that negotia- tions are continuing with the Fire Fighters Local No. 2208. He also recommended adoption of an ordinance adjusting City Council salaries to include the 5% annual increase, allowable under Section 36516.2 of the Government Code, retroactive to the last increase. Motion by Councilman Miskimen, seconded by Councilman Mulryan, and carried unanimously, to ratify the Memorandums of Agreement with the San Rafael Police Association and the Marin County Employees' Associa- tion. RESOLUTION NO. 4467 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COM- PENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CON- FIDENTIAL AND UNCLASSIFIED EMPLOYEES. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4468 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COM- PENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4469 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADJUSTING THE SALARY RANGE FOR "Y" RATED CLASSIFICATIONS. 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 number- ing Charter Ordinance No. 1102 was read, introduced and ordered passed to print by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF PEACOCK GAP UNIT 5 USE PERMIT (GPC 72-7) - FILE 10-5 Mayor Bettini reopened the public hearing which had been continued from the meetinq of February 26, 1973• Senior Planner Charles Linthicum presented a verbal and written report giving the history of this appli- cation which was denied by the Planning Commission July 11, 1972 by a tie vote, appealed to the City Council, and continued several times. Mr. Howard Lawson, Vice President of American Savings and Loan Association, 9465 Wilshire Boulevard, Be- verly Hills, said their current map contains 154 units whereass the first map had 170, that they had re- ceived approval at a meeting with the Board of Directors of the Peacock Gap Homeowners Association, and introduced Mr. Ron Simpkins of Can Coleman Associates who displayed a drawing of the proposed Unit 5. Regarding conformance to the forthcoming General Plan, he felt the proposed plan is logical; however, he noted they are not familiar with the details of the new General Plan. Mr. Lawson said that Anaheim Sav- ings is agreeable to a one-year no -building easement on a parcel located centrally in the subdivision for possible development as a park, and requested issuance of the use permit to allow them to proceed with the development. Mr. Norman Highby, President of Peacock Gap Homeowners Associat-on, spoke in fav or of the appeal and gave a detailed report regarding the Board of Directors of the Association working with the developer to improve the quality of the subdivision and make it acceptable to both parties and to the City. He favored location of a small park (slightly less than two acres) to the north of the project rather than the top of the ridge, since the area is more or less flat and in the center of the subdivision, making it more accessible and less hazardous to youngsters. Because the ridge area is graded and stripped of trees and soil, he contended it would be difficult to develop. The President of Peacock Crest Homeowners Association spoke in favor of the development as proposed and felt the hilltop would be less of a fire hazard and more sightly if developed with homes. He referred to a poll of the area residents that showed more than 73 percent were in favor of approval. Mr. Steven Kaufman spoke for Mr. Selinger and represented the owners of the property. He said that American Savings has agreed to conditions that would allow ample time to complete the General Plan before final map approval and asked for use permit approval subject to those conditions. Mr. Raymond Ham, area resident, spoke in favor of the proposed development and presented a sketch showing all open space in the vicinity. There were no other speakers in favor of the appeal. Mayor Bettini asked anyone who wished to speak in oppositon to come forward. Mr. Dwyer, 1 San Marino Ct., said he sould like to see the slopes preserved, and that no agreement has been reached with the homeowners ,only the Peacock Gap Homeowners Association which is not representative of the majority of homeowners. Mr. Kenneth Levy, 215 Riviera Drive, spoke against the proposal which he described as basically the same plan submitted in 1958• He said the suggested park area indentified as "slightly less than two acres" actually consists of approximately 33,000 square feet, and since the land has been vacant since 1958, didn't think there should be any action until the General Plan is completed. Dr. Patrick McLin advised that the actions of Peacock Gap Homeowners Association do not reflect the wishes of the residents, he didn't think the proposed project is consistent with the new General Plan, and asked support of the Planning Commission denial. George Uri agreed with Dr. McLin's objections and felt that under the moratorium only those developments that have some superiority should be approved. Frank Goodale also asked that Council defer action on this item until the General Plan is complete. All other persons wishing to speak were in agreement with the previous speakers opposing the development and Mayor Bettini asked for a show of hands indicating opposition. Mr. Howard Lawson, in rebuttal, advised that the Peacock Gap Homeowners Association was the only group w':o has made contact with American Savings, although they were willing to work with anyone concerned. Mr. Charles Tacchi, Chairman of the Recreation and Parks Commission, reported on the study of the proposed park, saying the hilltop area is suitable for a park, a minimum of five acres is necessary to accommpdate the number of people in the area, and that the Commission favors preserving the ridge and tree line. Mayor Bettini declared the public hewring closed. Concensus of the Council was that future zoning will be R-1; however, the GPC ordinance would prevent ap- proval of the use prior to the General Plan completion. Motion by Councilman Miskimen, seconued by Councilman Mulryan, to deny the appeal and the Planning Com- mission decision will stand. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REZONING TWO PARCELS ON SAN PABLO AVENUE KNOWN AS FOOT HILL OAKS, FROM "U" TO PUD -R-1 AND PUD -R-3, INCLUDING AN ENVIRONMENTAL IMPACT REPORT - FILE 10-3 Mayor Bettini declared the public hearing open. Senior Planner Linthicum presented the staff report on the item which was referred back to the Planning Commission for an Environmental Impact Report at the City Council meeting November 8, 1973• He explained the actions required, acceptance or rejection of the EIR, and the rezoning action. After discussing the EIR as updated and the traffic analysis received by the City Engineering Department that afternoon, it was determined by the Council and City Attorney, and agreed to by Mr. Albert Bianchi, Attorney representing McCarthy Company, that action should not be taken on the EIR without further clarification and zoning action should not be considered until the EIR was accepted. Mayor Bettini asked if anyone in the audience wished to speak regarding any areas of concern to be covered in the Environmental Impact Report. Mrs Mary Conte, 12 Regina Way, asked that three areas be included; e.g., water, pollution of the Civic Center Lagoon, and police protection. Mr. Del Davis, the City Consultant, said he would be able to supply the information desired within two weeks. The item was continued to the meeting of May 21, 1973, to allow a report on traffic, cost of services and geology. RE: APPRECIATION OF COUNCIL CONSIDERATION - FILE 9-1 Mr. Steven Thomas expressed his appreciation to the Council and staff for the courtesy, professionalism and personal integrity apparent in his deal ingswith the City. RE: FINAL ADOPTION OF ORDINANCE 1096 - AMENDING ORDINANCE 931 OF THE CITY OF SAN RAFAEL - FILE 11-1 CHARTER ORDINANCE NO. 1096 - An Ordinance of the City of San Rafael Amending Ordinance 931 of the City of San Rafael applying provisions of the vehicle code of the State of California to certain privately owned and maintained streets, and numbering Charter Ordinance No. 1096, 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 1097 - APPLYING PROVISIONS OF THE VEHICLE CODE OF THE STATE OF CALIFORNIA RELATIVE TO PRIVATELY OWNED AND MAINTAINED ROADS - FILE 11-1 CHARTER ORDINANCE NO. 1097 - An Ordinance of the City of San Rafael applying the provisions of the Vehicle Code of the State of California relative to privately owned and maintained roads, and numbering Charter No. 1097, was passed and adopted as an ordinance of the City of San Rafa6l by the following vote, to wit: AYES: Councilmen: Jensen, MisK1men, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: FINAL ADOPTION OF ORDINANCE 1098 - READOPTING THE GENERAL PLAN CONFLICT COMBINED DISTRICT - FILE 10-3 CHARTER ORDINANCE NO. 1098 - An Ordinance of the City Council of the City of San Rafael readopting the General Plan Conflict Combined District as amended by Ordinance No. 1075 and Ordinance No. 1093 which amended Title 14, Zoning, of the Municipal Code of the City of San Rafael by adding Chapter 14.62, and numbering Charter Ordinance No. 1098, 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 1099 - AMENDING TITLE 11 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY ADDING THERETO CHAPTER 11.32 - File 5-1 CHARTER ORDINANCE NO. 1099 - An Ordinance of the City of San Rafael amending Title 11 of the Municipal Code of the City of San Rafael by adding thereto Chapter 11.32, entitled Site Development Standards, and numbering Charter Ordinance No. 1099, 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 1100 - AMENDING TITLE 11 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY ADDING THERETO CHAPTER 11.34 FILE 5-1 CHARTER ORDINANCE NO. 1100 - An Ordinance of the City of San Rafael amending Title 11 of the Municipal Code of the City of SAn Rafael by adding thereto Chapter 11.34 entitled Frontage Improvements and Dedica- tions of Street Right of Way, and numbering Charter Ordinance No. 1100, was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None PL: FINAL ADOPTION OF ORDINANCE 1101 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL TO RECLASSIFY CERTIN REAL PROPERTY FROM A C-2 to A R-1 DISTRICT Tiocated at 53 East Crescent Drive - FILE 10-3 CHARTER ORDINANCE NO. 1101 - 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 re- classify certain real property from A C-2 (General Commercial) District to A R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 1101, 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 4 2 ,5 RE: ANNEXATION PETITION - A. HAROLD WAGNER AND GRACE WAGNER - FILE 5-2-59 City Manager, William J. Bielser stated that this annexation of the Tennis Club was previously agreed to and granted pre -annexation zoning. Motion by Councilman Jensen, seconded by Councilman Mulryan, that the annexation be approved. RESOLUTION NO. 4470 - RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNIN- HABITED TERRITORY LYING ADJACENT THERETO DESIGNATED AS "WAGUER ANNEXATION'. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: DOLLAR ESTATE FEASIBILI'jySTUDY - FILE 13-14.2 City Manager William J. Bielser referred to the study conducted by Marin Heritage, in which the City parti- cipated to the extent of $1,000. Mr. Fred Dekker, President of Marin Heritage, introduced Charles Page, the consultant who did the study. Mr. Charles Page summarized the feasibility study, stating it appears that there would be considerable benetit to the City to acquire the Dollar Estate, possibly by 50/50 City and outside participation, for a self-sustaining multi -use community oriented facility. He also suggested the City's owning the prop- erty and leasing it to a non-profit corporation to operate. Mr. Dick Lee, member of the Board of Directors, Marin Heritage, requested the Council to pass a resolution endorsing the concept of the establishment of a community activity center on the property along the lines outlined in the study. It was not felt by the Council that any further commitment or endorsement was needed in view of the $1000. contribution towards the sLudy. Discussion revealed Council's desire for a study by the staff in conjunc- tion with the persons who prepared the report. Mr. Shaw, a resident, agreed that the matter should be subject to additional study and asked that people involved with the property should also supply input. Motion by Councilman Nixon, seconded by Councilman Jensen, and carried unanimously, to refer to the City staff for their recommendation. RE: AMENDMENT OF CODE RELATING TO APPEALS TO THE CITY COUNCIL - FILE 10-2 City Attorney, Fred Robbins, Jr. presented a preliminary draft of an ordinance dcsigned to allow flexi- bility in the time appeals must be acted upon, for Council's reaction before the Planning Commission hear- ing. The Council had no objection to the intent of the ordinance as dratted and it was referred to the Plann- ing Commission for their recommendation. RE: ORDINANCE AMENDING CODE RELATING TO FINES FOR METER AND OVERTIME PARKING - FILE 11-18 City Attorney, Fred Robbins, Jr. stated that this action brings the code up to date. An ordinance of the City of San Rafael amending Title 5, Chapter 5.60, Section 5.60.110 of the Municipal of the City of San Rafael deleting therefrom the penalty provisions having been set by Ordinance, and shall now be set by resolution of the City Council and approved by the Judicial Council of the Municipal Court, and numbering Charter Ordinance No. 1103, 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: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING BAIL FOR PARKING METER AND OVERTIME PARKING METER VIOLATIONS -FILE 11-18 RESOLUTION NO. 4471 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING BAIL FOR PmRKING METER AND OVERTIME PARKING METER VIOLATIONS. AYES: Councilman: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION SETTING FEES AND CHARGES FOR CITY SERVICES (SUBDIVISION FEES) - File 9-10.2 RESOLUTION NO. 4472 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES AND CHARGES FOR CITY SERVICES AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON COURT HOUSE SQUARE PROJECT - File 124 City Manager William J. Bielser informed the Council that this project has currently received all approvals necessary for issuance of building permits; however, the staff has invited the developer to speak at this meeting, at Council's direction to determine if tere is any possibility of using Redevelopment funds to attain architectural review and off -square parking. After a presentation by Mr. Albert Bianchi, representing the developers, the Council concurred that the timing is suc that it is economically infeasible to delay the project in any way, since the estimated extra cost is in excess of $250,000 and tiere are no Redevelopment funds available at this time. ,15-"' RE: MUTUAL AID AGREEMENT FOR FIRE PROTECTION BETWEEN HAMILTON AIR FORCE BASE AND SAN RAFAEL - FILE 4-10 RESOLUTION NO. 4473 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Hamilton Air Force Base) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION ADOPTING THE CITY OF SAN RAFAEL EMERGENCY PLAN AND CERTAIN PORTIONS OF THE COUNTY OF MARIN EMERGENCY PLAN - FILE 13-11 RESOLUTION NO. 4474 - A RESOLUTION ADOPTING THE CITY OF SAN RAFAEL EMERGENCY PLAN AND CERTAIN PORTIONS OF THE COUNTY OF MARIN EMERGENCY PLAN. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT FOR ENLARGING 6" PRESSURE REGULATING VALVE ON MITCHELL BOULEVARD AND FRONTAGE ROAD TO 12" - FILE 4-15 Motion by Councilman Jensen, seconded by Councilman Miskimen, to authorize the Mayor and City Clerk to sign the above agreement. RESOLUTION NO. 4475 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin Municipal Water District to enlarge existing 6" pressure valve to 12" size - Mitchell Bdule- vard dnd Frontage Road). AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RECOMMENDATION OF PARKS & RECREATION COMMISSION RE SUPPORT OF NORTH BAY FRONT PARK - FILE 12-5 City Manager William J. Bielser referred to the written report from the Director of Parks and Recreation, and recommended that Council endorse the project. Motion by Councilman Miskimen, seconded by Councilman Jensen, to adopt a resolution endorsing the project and suggesting that the Board of Supervisors give it high priority. RESOLUTION NO. 4478 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL URGING THE COUNTY OF MARIN TO PROCEED WITH THE NORTH BAY FRONT PARK TENNIS AND SWIM COMPLEX. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: NOMINATION OF SENIOR CITIZEN OF THE YEAR - FILE 123 City Manager William J. Bielser advised that tonight is the last opportunity to act on this item. Motion by Mayor Bettini, seconded by Councilman Miskimen, to nominate Councilman Jensen as Senior Citizen of the year. AYES: Councilmen: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: Jensen ABSENT: Councilmen: None RE: REQUEST Or MARIN CYCLISTS BICYCLE CLUB AND THE KIWANIS CLUB FOR PERMISSION TO CLOSE WEST LANE OF CIVIC CENTER DRIVE, SUNDAY, JUNE 3, 1973 - FILE 119.1 Motion by Councilman Mulryan, seconded by Councilman Miskimen and carried unanimously, to approve the re- quest. RE: PROPOSAL FROM STEERING COMMITTEE FOR PRO -TOTAL ENVIRONMENT MARIN CONFERENCE - FILE 105 x 13-14.1 Motion by Councilman Miskimen, seconded by Councilman Mulryan, to contribute $25.00 toward the expense of the Pro -Total Environment Marin Conference. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REQUEST FOR CHANGE IN ONE-WAY STREET SYSTEM AT FIRST AND "D" STREETS - FILE 11-14 Director of Public Works Norris M. Rawles recommended this request be referred to the Traffic Safety Com- mittee to be reviewed at their meeting of May 8, 1973• The Council accepted this recommendation and voiced disapproval of the one-way street at this location. 42# RE: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR CONSTRUCTION OF TENNIS COURT LIGHTING FREITAS PARK PROJECT VALLECITO SCHOOL SITE PROJECT NO. 9111-73.170 - FILE -1-200 RESOLUTION NO. 4476 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR CONSTRUCTION OF TENNIS COURT LIGHTING FREITAS PARK PROJECT (VALLECITO SCHOOL SITE) PROJECT NO. 9111-73.170• AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR FIFTH AND "D" STREET PARKING LOT PROJECT NO. 9333-73.168 - FILE -1-201 RESOLUTION NO. 4477 - RESOLUTION APPROVING PLANS ANE SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR FIFTH AND "D" STREET PARKING LOT PROJECT NO. 9333-73.168• AYES: Councilmen: Jensen, Miskimen, Mulryan,Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: LOCAL AGENCY -STATE AGREEMENT NO. 3 FOR FEDERAL AID URBAN PROJECTS IN THE CITY OF SAN RAFAEL - FILE 4-10--6966 RESOLUTION N0. 4479 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the State of California) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CONTRACT CHANGE ORDER NO. 9. SUPPLEMENTAL NO. 1 - SOUTH SAN PEDRO ROAD - PHASE IV - File 4-13.14 Director of Public Works Norris M. Rawles presented a written report and advised that he had received an objection to this change order from Mrs. Tindell about 4:00 o'clock that afternoon, he had then in- formed the County Director of Public Works of the dispute with a property owner, and stated he had no alternative but to recommend approval since the County is administering the agreement. Mr. Avery Tindell, 811 Pt. San Pedro Road, after presenting a letter that he wished to speak on this item, asked that Council withhold approval of this change order because of an alleged non -stable road condition over which an access road must be built to his property. Since Mr. Tindell is not a City resident, he was advised that it might be well to talk with the County Board of Supervisors. This item was referred to staff for review and presentation at the May 21 Council Meeting, at which time the County statf will appear and give a progress report. RE: CONTRACT CHANGE ORuER NO. 10, SOUTH SAN PEDRO ROAD - PHASE IV - File 4-13.14 Motion by Councilman Nixon, seconded by Councilman Mulryan, to approve CCO No. 10 to cover subdrainage work in the amount of $7,000, with City's share to be $3,500. RE: ABANDONMENT OF 40 FOOT LONG ONE -FOOT NON -ACCESS STRIP ACROSS THE SOUTHERLY TERMINUS OF DE ANZA WAY - File 2-12 RESOLUTION NO. 4480 - RESOLUTION REMOVING ONE (1) FOOT NON -ACCESS STRIP FROM THE SOUTHERLY TERMINUS OF DE ANZA WAY AS SHOWN ON THE RECORD SUBDIVISION MAP OF "TERRA LINDA VALLEY." AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EXTENSION OF TIME FOR COMPLETION OF IMPROVEMENT WORK - SMITH RANCH ROAD - FILE 4-1-192 RESOLUTION NO. 4481 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK DESIGNATED "SMITH RANCH ROAD." AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EXTENSION OF TIME FOR THE COMPLETION OF SUBDIVISION IMPROVEMENTS - GREEN OAKS, A CONDOMINIUM - FILE 5-1-20 This request was referred to staff to make a determination of how much time was lost, before any further extension was granted. RE: ENCROACHMENT PERMIT NO. 259 - FILE 2-11 Motion by Councilman Miskimen, seconded by Councilman Mulryan and unanimously approved, to approve En- croachment Permit No. 259 for Villa Wine Cellar. RE: ABANDONMENT OF TEN -FOOT WIDE DRAINAGE EASEMENT - KAISER HOSPITAL SITE - FILE 2-12 RESOLUTION NO. 4482 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS (public hearing Monday, June 4, 1973) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPOINTMENTS TO LIBRARY BOARD AND PLANNING COMMISSION VACANCIES - FILE 9-2-3 x 9-2-6 Consideration was given to a change of policy whereby retiring members who are desirous of continuing service could be reappointed, if acceptable to the Council, prior to recruitment of new applicants. Council ruled that new applicants for Library Board members be interviewed prior to next Council meeting, announcement be made of two terms expiring on the Planning Commission and asking for applications, and appointment be made from the retiring members and the new applications, before making a determination on the suggested policy change. RE: APPOINTMENT TO THE BOARD OF EXAMINERS AND APPEALS - FILE 9-2-7 Staff was instructed to call for applications to fill the vacancy existing on the Board of Examiners and Appeals. RE: REPORT ON BIDS - PAINT BOOTH - FILE 12-4 City Manager William J. Bielser gave a written and verbal report recommending that the bid for a paint booth at the Corporation Yard be awarded to West Coast Spray Booth, Inc. in the amount of $10,331. Motion by �,ouncilman Jensen, to accept the City Manager's recommendation and authorize the Mayor and City Clerk to sign the Purchase Order and Conditional Sales Contract; seconded by Councilman Miskimen. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CONSIDERATION OF STREAMLINING AND SHORTENING CITY COUNCIL AGENDA - FILE 1-4-7- The -4-ZThe City Council expressed agreement with City Manager Bielser's suggestion and will submit ideas to shorten the agenda. RE: CLAIM FOR PROPERTY DAMAGE - TERRENCE V. MC GUIRE AND LA V(ONNNE E. MC GUIRE - FILE 3-1-46 Motion by Councilman Jensen, seconded by Councilman Miskimen and carried unanimously, to deny the above claim and refer to the City's insurance carrier. RE: CLAIM FOR DAMAGE TO REAL PROPERTY - MR. RUSSELL KERN, JR. AND MRS. JANET KERN - FILE 3-1-47 Motion by Councilman Miskimen, seconded by Councilman Mulryan and carried unanimously, to deny the above claim and refer to the City's insurance carrier. RE: CLAIM FOR DAMAGE TO REAL PROHERTY - MR. RUSSELL KERN, JR. AND MRS. JANtT KERN - FILE 3-1-48 Motion by Councilman Miskimen, seconded by Councilman Mulryan and carried unanimously, to deny the above claim (filed on behalf of Mr. and Mrs. Kern and all others similarly situated) and refer to the City's insurance carrier. RE: CLAIM FOR PROPERTY DAMAGE - DAN MASON - FILE 3-1-49 Motion by Councilman Mulryan, seconded by Councilman Miskimen and carried unanimously, to deny the above claim. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 7, 1973, and Advice on Payroll dated May 4, 1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND $ 67,791.12 PARKS FUND 2,605.75 LIBRARY FUND 2,718.12 OPEN SPACE FUND 1.50 PARKING DISTRLCT 378.62 CAPITAL IMPROVEMENT FUND 26,660.85 STORES REVOLVING FUND 749.86 EQUIPMENT REPLACEMENT FUND 2,509.40 PARKING METERS 2.10 ANNEXATION FEES (Bahia de Rafael) 886.20 $ 104,303-52 PAYROLL: GENERAL FUND $ 152,771.64 PARKS FUND 6,764.00 LIBRARY FUND 5,701.98 PARKING DISTRICT 672.00 PARKING METERS 169.00 $ 156,07856-2 RE: REPORT OF TREE REMOVAL - QUAIL HILL SUBDIVISION - FILE 5-1-205 Councilman Mulryan reported a call received from Mr. Russ questioning the removal of some mature trees. Senior Planner Linthicum confirmed that tyhe trees have been removed and will contact the developer to assure their being replaced. RE: COMPLAINT REGARDING MOTORCYCLES - FILE 100 The Police Department will check and make sure noise laws are being adequately enforced, in response to complaints received by Councilman Mulryan regarding noisey motorcycles. RE: REMOVAL OF STRUCTURES IN MONT MARIN PARK - FILE 13-14.1 The staff was authorized to get informal bids to abate the buildings in Mont Marin Park for which money is available from the Mont Marin Assessment District. RE: PRELIMINARY BUDGET - FILE 8-5 Councilman Miskimen asked when the preliminary budget would be ready for the Council and was advised that the operating and capital budget is being typed and should be read for presentation to Council by the first of June. RE: COUNCIL ATTENDANCE - LEAGUE OF CALIFORNIA CITIES CONFERENCE - FILE 9-1 x 9-11.1 Announcement was made by the City Manager of a League of Cities Conference to be held in Sacramento on May 14, 1973, and any Council members wishing to attend were asked to notify his office. Council adjourned to 8:00 o'clock P.M., May 21, 1973. The Council reconvened as the SAN RAFAEL REDEVELOPMENT AGENCY. RE: PROGRESS REPORT ON REDEVELOPMENT MATTERS - File 140 Executive Director Bielser reported on the status of negotiations with the Marin Community College District and the agreement to be considered by the College Board on May 16, 1973. RE: RECOMMENDATION REGARDING EXEMPTIONS FROM POSSIBLE MARIN MUNICIPAL WATER DISTRICT BAN ON CONNECTIONS - FI LE 140 Executive Director Bielser presented a written and oral report to the Agency, recommending that the Board of Directors and the City Council request an exemption from any future ban on water connections for Re- development projects. Motion by Member Mulryan, seconded by Member Jensen and unanimously carried, to instruct the Executive Director to appear at the District meeting on May 9, 1973 at 2:00 P.M., and convey their request regard- ing exemptions for any Redevelopment projects. The Redevelopment Agency adjourned. /�L G� MARION A. GRADY, City Clerk Approved this day of 19-/3. L) ��e'ZLL�er_ -1 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, May 21st, 1973 at 7:00 o'clock P.M. Special Meeting: Present: Fred E. Jensen, Acting Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor RE: EMPLOYER -EMPLOYEE NEGOTIATIONS WITH LOCAL 2208 SAN RAFAEL FIREMEN - File 7-8-2 The Council met with City Manager William J. Bielser to discuss the status of the negotiations with the San Rafael Firemen_ Mayor Bettini arrived at 7:30 P.M. RE: APPOINTMENT TO SAN RAFAEL LIBRARY BOARD - File 9-2-3 T,e Council interviewed Mr. Richard H. Bradshaw III and Mrs. Ella May Minneman whose terms on the San Rafael Library Board are expiring and Mr. Freeland E. Romans who has applied for appointment to the Library Board. MARION A. GRADY, City Clerk r Approved this ay of 19 MAYOR OF THE CITY OF SAN ,RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 21, 1973, at 8:00 o'clock P.M. Regular Meering: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: APPOINTMENTS TO LIBRARY BOARD - FILE 9-2-3 Motion by Councilman Miskimen, seconded by Councilman Jensen and unanimously carried, to reappoint Ella May Minneman and Richard H. Bradshaw, III to the Library Board for four-year terms to expire July 1, 1977. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, to approve the minutes of the Special and Regular Meeting, March 5, 1973; Special Meetings, March 12, 1973; Special and Regular Meeting, March 19, 1973; Special and Regular Meetings, April 2, 1973; Special Meeting, April 9, 1973; and Special and Regular Meetings, April 16, 1973, a true and correct copy having been heretofore submitted to each member. RE: PUBLIC HEARING - REZONING TWO PARCELS ON SAN PABLO AVENUE KNOWN AS FOOT HILL OAKS FROM "U" TO PUD -R- 1 AND PUD -R-3, INCLUDING AN ENVIRONMENTAL IMPACT REPORT - Mc CARTHY COMPANY - File 10-3 Mayor Bettini declared the public hearing open. The hearing was continued to the meeting of June 4, 1973, at the request of the applicant, to allow time needed for completion of the EIR. It was noted that the 60 -day limitation will start at the time the Environmental Impact Report is accepted. RE: PUBLIC HEARING - REZONING OF PROPERTY KNOWN AS NORTHGATE EAST, LOCATED AT 4040 CIVIC CENTER DRIVE, FROM P -C TO P -C TO PERMIT REVISIION OF MASTER PLAN, INCLUDING ENVIRONMENTAL IMPACT REPORT - FILE 10-3 Mayor Bettini opened the public hearing, which was then continued to the meeting of June 4, 1973, at the request of the applicant. RE: PUBLIC HEARING - DECLARATION OF IMPASSE - LOCAL 2208 - FILE 7-8-2 Mayor Bettini declared the public hearing open. City Manager William J. Bielser presented a written and verbal report on the status of negotiations lead- ing to the declaration of an impasse by Local 2208 of the International Association of Fire Fighters, in- cluding the City's position versus the Union's position. He recommended no deviation from the City's presnet offer which results in an annual cost to the City of $163,776. Fire Chief Marcucci outlined the schedule for the 58 -hour work week and the 56 -hour work week proposed, effective January 1, 1974. Mr. Thornton Bunch, Attorney for the Fire Fighters Local 2208, disagreed with the cost figures and con- tended the cost of hiring and training additional personnel to implement the 58 -hour week (agreed to in 1971) should not be attributed to this year's package. He said their main concern is parity with the Police Department. A lengthy discussion by the Council, Mr. Bunch and the City Manager, considering the differences between the working schedules of the Fire Department personnel and other personnel, comparison of hours and wages with other Marin County cities, and ways of resolving the issue such as putting it on the ballot, resulted in Council agreement that the City's current offer is a fair one and parity should not be an issue. Motion by Councilman Mulryan, seconded by Councilman Jensen, that the current offer to the Fire Fighters Local 2208 is a fair one and the City stand by it. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: FIFTH AVENUE AND "D" STREET PARKING LOT - PROJECT NO. 9333-73.168 - FILE 4-1-201 Motion by Councilman Jensen, seconded by Councilman Miskimen, to accept the low bid of W. K. McLellan Company. RESOLUTION NO. 4484 - RESOLUTION OF AWARD OF CONTRACT (Fifth and "D" Street Parking Lut Project No. 9333-73.168 - W. K. McLellan Company) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CONSTRUCTION OF TENNIS COURT LIGHTING FREITAS PARK PROJECT (Vallecito School Site) PROJECT NO. 9111-73.170 - FILE -1-200 Motion ijy Councilman Miskimen, seconded by Councilman Mulryan, to accept the low bid of Northgate Elec- tric Company. RESOLUTION NO. 4485 - RESOLUTION OF AWARD OF CONTRACT (Construction of Tennis Court Lighting Freitas Park (Vallecito School Site, Project No. 9111-73.170 - Northgate Electric Company) NOES. Councilman Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini S Councilmen: None ABSENT: Councilmen: None RE: CONTRACT CHANGE ORDER NO. 9, SUPPLEMENTAL NO. 1, SOUTH SAN PEDRO ROAD PHASE IV - FILE 4-13-14 Mr. Ray Foreaker, Marin County Director of Public Works, presented a summary of the job progress involv- ing 11 change orders representing 3.4 percent of the original construction pri-e, and advised that September of 1973 is the expected finish date. Mr. George Weincoff, Attorney for Mr. and Mrs. Tindell who own property in the County area, said they have a lawsuit pending against the contractor and asked to speak on this item. City Attorney Fred Robbins, Jr. stated his opinion that, in view of pending litigation, it would not be appropriate for Mr. Weincoff to come before the Council at this time. Mr. Avery Tindel1 then asked to speak, as a taxpayer of San Rafael, and was advised the Council has no jurisdiction since the property in question is in the County of Marin. Motion by Councilman Jensen, seconwed by Cou,icilman Miskimen, that the Council approve Contract Change Order No. 9, Supplemental No. 1, in the amount of $4,000. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilemn: None ABSENT: Councilmen: None RE: CONTRACT CHANGE ORDER NO. 1, SUPPLEMENTAL NO. 1, SOUTH SAN PEDRO ROAD PHASE IV - FILE 4-13-14 Motion by Councilman Miskimen, seconded by Councilman Mulryan, that Council approve Contract Change Order No. 1, Supplemental No. 1, in the amount of $5,000. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CvNIRACT CHANGE ORDER NO. 11, SOUTH SAN PEDRO ROAD PHSE IV - FILE 4-13-14 Motion by Councilman Mulryan, seconded by Councilman Miskimen, that the Council approve Contract Change Order No. 11, in the amount of $1,488. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: FINAL ADOPTION OF ORDINANCE 1103 - AMENDING CODE RELATING TO FINES FOR METER AND OVERTIME PARKING - FILE .11-1 CHARTER ORDINANCE NO. 1103 - An ordinance of the City of San Rafal amending Title 5, Chapter 5.60, Section 5.60. 110 of the Municipal Code of the City of San Rafael deleting therefrom the penalty provisions having been set by ordinance, and shall now be set by resolution of the City Council and approved by the Judicial Council of the Municipal Court, and numbering Charter Ordinance No. 1103, was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: FINAL ADOPTION OF ORDINANCE 1102 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL - FILE 9-1 CHARTER ORDINANCE NO. 1102 - An ordinance of the City of San Rafael providing for cost of living increase for City Council, and numbering Charter Ordinance No. 1102, was passed and adopted as an ordinance of the City of San Rfael by the following vote, towit: AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REQUEST FOR PARTICIPATION IN JACOBY STREET REPAIRS - FILE 11-15.1 City Manager William J. Bielser reported on the condition of Jacoby Street in the vicinity of the Golden Gate Bridge District bus yard, recommending City participation to the extent of one-third of the cost of the street improvements in keeping with prior policy. After Council discussion, the staff was directed to report back to Council, after meeting with the prop- erty owners, as to the type of improvements and estimated cost, with possible City participation to be no more than one-third. RE: STATUS REPORT ON PREPARATION OF NEW GENERAL PLAN - FILE 115 Senor Planner Stanley Ott presented a written report and advised that input from citizens has been relayed to the Consultants for review in planning for some orderly stage of growth with a holding capacity to be obtained over a period of years. City Planner Herbert G. Hotchner asked for Council reaction to the concept proposed, so the staff can pro- ceed with proposal for techniques of evaluation for developing land on a priority rating basis with a limit on the number of dwelling units per year. The third phase would be detailing of maps, areas, etc. There was further discussion regarding City and County coordination of General Plans; input from the City Council as well as the Sanitation District, Water District, School District, etc.; and the method of presentation to the Council for approval. Motion by Councilman Nixon, seconded by Councilman Mulryan, to advise the consultants that the Council endorses the initial concept. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Mr. Hotchner was directed to invite the Planning Commission to attend the City Council meeting of June 18, 1973, at 8:00 p.m., for presentation of the General Plan material. RE: DISCUSSION OF OPEN SPACE CONTRACTS AND SCENIC EASEMENTS - FILE 13-14.1 Councilman Nixon suggested consideration of a procedure to permit landowners to enter into open space and scenic easement contracts for a term of not less than 20 years. The landowner would enjoy a tax re- lief due to a reduced assessed valuation during the period of the contract. Motion by Councilman Nixon, seconded by Councilman Mulryan, to instruct the staff to proceed with prepar- ing open space contracts, and furnish copies to consultants working on General Plan. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION OF PLANNING COMMISSION REGARDING REPRESENTATION AT CITY -COUNTY PLANNING COUNCIL- - FILE 10-2 Council discussion resulted in instructions to City Planner Herbert G. Hotchner to attend the Board of Supervisors meeting of May 22, 1973 and present Council's view that representation should be based on population rather than the existing two votes for each City. Councilman Mulryan was directed to bring the matter up at the next CCPC meeting. RE: COMMUNICATION FROM SAN RAFAEL CHAMBER OF COMMERCE - FILE 11-15.1 Director of Public Works Norris M. Rawles agreed with the Chamber of Commerce resolution and recommended the City Council adopt a similar resolution regarding improvements of Bellam Boulevard. Mr. Herman Deitch, spoke for the Chamber of Commerce, urging the City take action to effect certain im- provements of Bellam Boulevard. RESOLUTION NO. 4483 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THAT THE STATE DIVISIO14 OF HIGHWAYS IMMEDIATELY PREPARE PLANS AND SPECI- FICATIONS FOR THE IMPROVEMENT OF BELLAM BOULEVARD IN SAN RAFAEL, CALIFORNIA, BETWEEN JACOBY STREET AND FRANCISCO BOULEVARD. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: ENCROACHMENT PERMIT NO. 257 - FILE 2-11 Mrs Howard Embury of San Rafael Health Foods requested permission to construct a wooden planter box to face of their building, 1132 Fourth Street, 12 feet above the sidewalk and was advised that Council action would have to be deferred until guidelines for street hardware are established (approximately sixty days). RE: ENCROACHMENT PERMIT NO. 260 - FILE 2-11 Motion by Councilman Mulryan, seconded by Councilman Jensen, to approve Encroachment Permit No. 260 for the S.F. Newspaper Printing Company to install a newspaper rack at the north side of Fourth Street between Hetherton and Irwin Streets and at the southwest corner of Fourth Street and Lincoln Avenue. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REQUEST FROM AMERICAN LITTLE LEAGUE FOR FINANCIAL ASSISTANCE TO IMPRGV'E DAVIDSON MIDDLE SCHOOL BASE- BALL DIAMONDS - FILE 4-7-8 City Manager William J. Biel ser referrer to the recommendation of the Parks and Recreation Commission that the City participate to th extent of one-half of the total cost for fencing. Mr. R. A. Klein, San Rafael American Little League, reported that the Little League has installed the fencing at a cost of $1,600, with the School District supplying the dirt. He asked City participation in view of the use of the field for Parks and Recreation functions. Motion by Councilman Nixon to approve the recommendation of the Parks and Recreation Commission; seconded by Councilman Miskimen and unanimously carried. RESOLUTION NO. 4487 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT(with the San Rafael School District re; Davidson Middle School Site im- provements) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON ONE-WAY STREET SYSTEM - FILE 11-14 City Engineer Ely Caillouette, Jr. presented a written and verbal report containing the Traffic Committee recommendation to allow additional time for evaluation of the system in general, and to restripe the intersection at First and "D" Streets to allow left turn movements into First Street from northbound traffic. Council approved the necessary change as recommended by the Traffic Committee. RE: TWO HOUR PARKING LIMITATION ON THE EAST SIDE OF IRWIN STREET BETWEEN MISSION AND BELLE AVENUES - FILE 11-8 RESOLUTION NO. 4486 - RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREA (East side of Irwin Street - between Mission and Belle Avenues) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REPORT ON ANIMAL IMPOUND FEES - FILE 9-10.2 x 13-3 Mr. Ray Meador, Assistant to the City Manager presented a written report and advised that Mr. John Gill was present to answer any questions regarding the increased fees and services. Mr. John Gill of the Humane Society explained the purpose of increasing the fees, to place the burden for animal control on the persons creating the problems, and said he expected to receive approval from the Board of Supervisors to place at least one full-time animal control officer in the City of San Rafael, effective in July of 1973• An ordinance of the City of San Rafael amending Title 6, Chapter 6.10, Section 6.10.150 of the Municipal Code, redemption fees, to provide for the setting of such fees by resolution rather than by ordinance, and numbering Charter Ordinance No. 1104, 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 RESOLUTION NO. 4488 - RESOLUTION OF TiiE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING CHARGES AND COSTS OF REDEMPTION OF IMPOUNDED ANIMALS. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None The staff was also directed to work with Mr. Gill to implement a workable "leash law" ordinance or, as an alternative, a "nuisance abatement" ordinance. RE: REQUEST FOR ENDORSEMENT OF MARIN EMERGENCY HOUSING - FILE 13-16 City Manager, William J. Bielser recommended Council endorsement of the efforts of this organization. Motion by Councilman Mulryan, seconded by Councilman Nixon that the San Rafael City Council endorse, in principle, the efforts of Marin Emergency Housing to meet the need of temporary shelter for families in crisis. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR "CONSTRUCTION OF SANITARY SEWERS - SEA WAY PROJECT NO. 9514-73-165.'' - FILE -1-202 RESOLUTION NO. 4489 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR CONSTRUCTION OF SANITARY SEWERS - SEA WAY PROJECT NO. 9514-73.165. (Bid opening June 12, 1973 at 3:00 p.m.) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPROVAL OF PLANS AND SPECIFICATIONS AND CALL FOR BIDS FOR "CONSTRUCTION OF GREENWOOD AVENUE STORM DRAINAGE IMPROVEMENTS PROJECT NO. 9327-73-167.'' - FILE -1-203 RESOLUTION NO. 4490 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR GREENWOOD AVENUE STORM DRAINAGE IMPROVEMENTS PROJECT NO. 9372-73.167. (Bid opening June 12, 1973 at 3:00 p.m.) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: DISCUSSION OF AGENDA STREAMLINING - FILE 1-4-2 Because of the lateness of the hour, this item was carried over to June 4, 1973• RE: RESOLUTION ACCEPTING DEED TO "MARIN HOUSING GUILD" PROPERTY - FILE 2-1 x 13-14-1 City Attorney Fred Robbins, Jr. advised that this will complete the purchase of the Mont Marin open space. RESOLUTION NO. 4491 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING REAL PROPERTY. 435- AYES: 35 AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION APPOINTING THE FIRE CHIEF AS ''ISSUING AUTHORITY'' FOR EXPLOSIVE PERMITS - FILE 9-3-31 RESOLUTION NO. 4492 - RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING THE FIRE CHIEF AS THE ''ISSUING AUTHORITY'' FOR EXPLOSIVE PERMITS WITHIN THE JURISDICITION OF THE CITY OF SAN RAFAEL. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REQUEST OF MARIN COUNTY FAIR RE BANNERS ON FOURTH STREET - FILE 131 x 125 In line with past policy of the City, the City Council denied the request of the Marin County Fair to dis- play banners on Fourth Street. RE: PERSONNEL - FILE 7-5 Motion by Councilmam Nixon, seconded by Councilman Miskimen, to place Douglas Jones on the regular payroll as Fire Training Officer, rank of Captain, at $1259 per month (Range 18, Step D). AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PERSONNEL - FILE 7-5 Motion by Councilman Nixon, seconded by Councilman Miskimen, to place Paul S. McGurn on the regular pay- roll as Electrician II, Range 12, Step A $832 per month, effective May 22, 1973 AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - JAMES L. WALKER - FILE 3-1-50 Motion by Councilman Mulryan, seconded by Councilman Nixon, to deny the above claim and refer to the City's insurance carrier. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - GEORGE R. WILLIAMS - FILE 3-1-51 Motion by Councilman Mulryan, seconded by Councilman Nixon, to deny the above claim and refer to the City's insurance carrier. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: NEGOTIATIONS WITH MARIN COMMUNITY COLLEGE DISTRICT PERTAINING TO REDEVELOPMENT - FILE 140 City Manager, William J. Bielser reported that the College District has rejected the offer of 3.8 percent and made a counter offer which he recommended Council not accept. Motion by Councilman Mulryan, seconded by Councilman Nixon, that staff be directed to renegotiate the same offer. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 21, 1973, and Advice on Payroll dated May 18, 1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEES RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND EQUIPMENT REPLACEMENT FUND REDEVELOPMENT AGENCY FUND ANNEXATION FEES PAYROLL: GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT FUND PARKING METER FUND $ 28,904.07 1,634.49 2,859.42 37,419.11 140.00 1,694.14 217.35 10,561.89 1,202.50 6,147.60 $ 90,780.57 14o,821.90 6,784.06 5,741.44 636.80 159.20 $154,143.40 4,J lb Council adjourned to 8:00 o'clock P.M., June 4th, 1973• MARION A. GRADY, City Clerk 01 Approved this �/ `t -day of �� , 19 MAYOR OF THE CITY -OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, June 4, 1973 at 7:30 o'clock P.M. Special Meeting: RE: PLANNING COMMISSION - FILE 9-2-6 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman The Council met in executive session to discuss reappointment to the Planning Commission of Thomas R. O'Toole and Albert J. Boro whose terms are about to expire. RE: BOARD OF EXAMINERS AND APPEALS - FILE 9-2-7 Appointment to fill the vacancy on the Board of Examiners and Appeals was discussed. )22 e"L", — e,� MARION A. GRADY, City Clerk Approved this ay of ., e 19 '7-3 . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 4, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: PLANNING COMMISSION AND BOARD OF APPEALS APPOINTMENTS - FILE 9-2-6 x 9-2-7 City Attoreny Fred Robbins, Jr. advised that the deadline for filing applications for the Planning Commis- sion and the Board of Appeals is June 12, 1973• The City Council will then schedule appointments for the various positions. RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, to approve the minutes of the Special Meeting of April 25, 1973; Special and Regular Meeting of May 7 , 1973, and Special and Regular Meeting of May 21, 1973, a true and correct copy having been heretofore submitted to each member. RE: RESOLUTION OF COMMENDATION - EDWINA CODONI - FILE 102 Mayor Bettini read the resolution commending Miss Codoni for her contribution toward the betterment of the community during her thirty-eight years as an outstanding educator in the San Rafael School District and stated he would present it at her retirement dinner in San Francisco on June 9, 1973. RESOLUTION NO. 4493 - RESOLUTION OF COMMENDATION FOR EDWINA CODONI AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CITY COUNCIL REORGANIZATION - FILE 9-2-2 x 4-12 x 4-13 Motion by Councilman Miskimen, second by Councilman Mulryan ti appoint Councilman Nixon as representative to the Finance Committee to replace Councilman Miskimen; and to reappoint Councilman Jensen as Chairman of the Finance Committee. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Motion by Councilman Miskimen, second by Councilman Mulryan to reappoint Councilman Jensen as representa- tive to the San Rafael Sanitation District. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Motion by Councilman Mulryan, second by Councilman Jensen, to appoint Councilman Nixon as representative to the City -County Planning Council to replace Councilman Mulryan. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None A ESENT: Councilmen: None RE: PUBLIC HEARING - REZONING PARCELS, LOCATED AT 4o4o CIVIC CENTER DRIVE, KNOWN AS "NORTHGATE EAST," FROM P -C TO P -C - FILE 10-3 The public hearing to permit revision of Master Plan, including Environmental Impact Report, was con- tinued to June 18, 1973, at the request of the applicant. RE: REZONING TWO PARCELS ON SAN PABLO AVENUE KNOWN AS "FOOT HILL OAKS" FROM "U" TO PUD -R-1 AND PUD -R-3, INCLUDING AN ENVIRONMENTAL IMPACT REPORT - FILE 10-3 After the public hearing was reopened by Mayor Bettini, the Council complied with the request of Mr. John W. Rosenberg, the applicant's representative, and granted an indefinite continuance to a date to be set by the applicant after the new General Plan is complete. RE: PUBLIC HEARING - REZONING A PORTION OF COUNTY ASSESSOR'S PARCEL 14-012-12, LOCATED IN THE 1200 BLOCK OF IRWIN STREET, FROM R-3 TO R-2 - FILE 10-3 Mayor Bettini declared the public hearing open. City Planner Herbert G. Hotchner reported no opposition to this rezoning at the Planning Commission hear- ing, that a portion of the lot is currently zoned, R-2, and there are covenants on the land to preserve the trees that are there. There was no one from the audience wishing to speak and Mayor Bettini closed the public hearing. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.05.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-3 (Multiple Family Residential) District to R-2 (Duplex Residential) District,and numbering Charter Ordinance No. 1105 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 ABSEN': Councilmen: None RE: PUBLIC HEARING - V73-3, VICTOR GAVALLOS, 1815 SECOND STREET, OWNER - ERVIN HILLE OF PLANNING COMMISSION APPROVAL - FILE 10-4 Mayor Bettini opened the public hearing. CHITECT - City Planner Herbert G. Hotchner referred to documents furnished to the Council; i.e., planning staff and Traffic Committee recommendations of denial to the Planning Commission, Planning Commission minutes in- dicating approval, and the letter of appeal. He displayed a sketch of the proposed four -unit development. Mayor Bettini asked for speakers, first in favor of the appeal and then in opposition to the appeal. Tina Ferris, appellant, pointed out that Jessup Street is hazardous at the present time and difficult for emergency vehicles to negotiate. Because of this, she felt the traffic should be decreased if possible rather than increased by allowing the fourplex. Harry Winters, Richard Gordon, and Robin Hadley also spoke in favor of the appeal because of the traffic situation. Virginia Gordon suggested that, in the event of Council approval, stairs be installed from Jessup Street to Second Street to at least provide a place for guests to park on Second Street. Mr. Ervin Hille, Architect, represented the owner. He contended that (1) they are providing more parking space than anyone on that street as well as an additional 20 x 40 foot space for parking and turn around for fire equipment, (2) there is no traffic of any consequence on the street according to traffic counts they conducted, and (3) he agreed tp provide an additional walkway to Second Street if desired. Mayor Bettini closed the public hearing. Motion by Councilman Jensen, second by Councilman Miskimen, to sustain the appeal. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PUBLIC HEARING - ABANDONMENT OF 10 FOOT WIDE DRAINAGE EASEMENT - KAISER HOSPITAL SITE - FILE 2-12 Mayor Bettini opened the public hearing. Director of Public Works Norris M. Rawles recommended adoption of the resolution abandoning the easement. Mayor Bettini then declared the public hearing closed. RESOLUTION NO. 4498 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS (10 foot wide drainage easement - Kaiser Hospital Site) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: NORTH BAY FRONT PARK - FILE 12-5 A request for Council support for this project was made by the Committee to Help Promote North Bay Front Park, who was advised that a resolution urging County support has been adopted and mailed to the Chairman of the Board of Supervisors. The City Manager was directed to mail a copy of the resolution to each Supervisor. RE: STATE-OWNED PROPERTY - FILE 120 Mr. Robin Hadley addressed the Council regarding possible purchases by the City of State-owned property and landscaping by the State Division of Highways. NOTE: The balance of this meeting is not on tape due to a malfunction of the tape recorder. RE: FINAL ADOPTION OF ORDINANCE 1104 - AMENDING TITLE 6 OF THE MUNICIPAL CODE - FILE 9-10.2 x 13-3 CHARTER ORDINANCE NO. 1104 - An ordinance of the City of San Rafael, amending Title 6, Chapter 6.10, Section 6.10.150 of the Municipal Code, Redemptkon Fees, to provide for the setting of such fees by resolution rather than Ly ordinance, and numbering Charter Ordinance No. 1104, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit; AYES: Councilmenw Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: AGENDA STREAMLINING - FILE 1-4-2 x 2,11 City Manager William J. Bielser presented a written and verbal report. After discussion, the City Council took the followings action: Motion by Councilman Nixon, seconded by Councilman Mulryan, and carried, to approve Items 1 through 8 with the exception of Item 2 of the City Manager's memorandum dated May 17, 1973. Motion by Councilman Nixon, seconded by Councilman Mulryan, and carried, to approve Item 2 of the City Manager's memorandum dated May 17, 1973, subject to a $500 limitation. Motion by Councilman Miskimen, second by Councilman Mulryan, to approve the use of a consent calendar for routine items. RESOLUTION NO. 4499 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR A CONSENT CALENDAR AND PROVIDING THAT THE STAFF HANDLE OTHER MATTERS. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 -FILE 6-29 Director of Public Works Norris M. Rawles reported a telephone call from Mr. Ness advising that he would be unable to attend this meeting. He had requested the Council to act on the item and said that 90 per- cent of the owners have signed the petition. The Council took the following actions: PETITIONS FOR THE WORK WERE FILED. BOUNDARY MAP WAS FILED. CERTIFICATE OF THE ENGINEERS REGARD'DNG PERCENTAGE OF SIGNATURES TO THE PETITIONS WAS FILED. RESOLUTION NO. 4494 - RESOLUTION APPROVING BOUNDARY MAP. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4495 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4496 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT (Gonzalez & Oberkamper Civil Engineers, Inc.) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4497 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT (Sturgis, Den-Deu1k, Douglass & Anderson) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PROPOSED COMMERCIAL, INDUSTRIAL PROPERTY EXCISE TAX ORDINANCE FOR PARKS/RECREATION AND OPEN SPACE ACQUISITION AND DEVELOPMENT - FILE 9-10.2 City Manager William J. Bielser presented the staff report recommending that a public hearing be set to consider a proposed ordinance to provide for a tax on new commercial and industrial building comparable to the "bedroom tax" on residential building. The Council then set the public hearing hearing for 8:00 p.m., July 2, 1973• RE: RECOMMENDATION OF PLANNING COMMISSION REGARDING GENERAL PLAN - FILE 115 City Planner Herbert G. Hotchner advised that Commissioners Albritton and Kay were present to answer any questions, and a memorandum from Vice Chairman Lunding was sent to the Council that afternoon. Planning Commissioner Albritton reported on the Planning Commission action; that they were not willing on the basis of current information to approve such a concept of deviation from free enterprise and that other methods should be considered. There was considerable discussion dealing with the Planning Commission's concern that the "controlled growth" concept would be pursued to the exclusion of other approaches; the planning staff's opinion that all concepts should be considered by all factions more or less simultaneously; and the clarification of the Council approval of the concept at its May 21 meeting ---to include that concept with other concepts when a determination is made. Mr. Julian Lifschiz and Mr. Richard Rodriquez addressed the Council on behalf of the Citizens Advisory Committee with the information that when the consultant discussed the concept of staged development with that Committee, it was well received by the members in attendance, and they felt the consultant is re- flecting the feelings of the Citizens Advisory Committee which is representative of the entire community. The planning staff and Planning Commission were directed to proceed on the basis of the Council motion of May 21, 1973 and the joint meeting of the Planning Commission and City Council on June 18 from 8:00 to 9:00 p.m. was confirmed. RE: ADOPTION OF ADMINISTRATION PROCEDURES FOR OPEN SPACE EASEMENT PROGRAM - FILE 13-14.1 Motion by Councilman Nixon, second by Councilman Mulryan, to adopt the proposed administrative procedures in respect to open space easements and scenic restrictions as outlined in the Assistant to the City Manager's memorandum dated May 31, 1973. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: MASSAGE PARLOR REGULATORY ORDINANCE TO REGULATE AND ENFORCE THE OPERATION OF MASSAGE PARLORS IN THE CITY OF SAN RAFAEL - File 13-8 X i-/0- 3 Police Chief Joseph J. Brusatori presented a written and verbal report explaining the necessity for this ordinance and recommended passage as an urgency ordinance. City Attorney Fred Robbins, Jr. noted that it is a very stringent ordinance and that the City of Santa Barbara has been to court after adopting the ordinance which this proposed ordinance is patterned after. CHARTER ORDINANCE NO. 1106 - An urgency ordinance of the City of San Rafael amending Title 8 of the Muni- cipal Code of the City of San Rafael by adding thereto Chapter 8.34, Sections 8.34.010 through i.34.220 providing for the licensing, revocation or suspensions of license of massage establishments, massage ser- vices and public bath houses; providing for regulations therein and providing for penalties for violation thereof, and numbering Charter Ordinance No. 1106, was passed and adopted as an urgency 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: PRESENTATION OF 197;-74 BUDGET - FILE 8-5 The Council was presented with a preliminary budget for 1973-74 and a proposed schedule of Budget Hearings. The schedule was modified to delete the meeting of June 14, 1973 and reschedule the meeting of the Library, Parks & Recreation, General Services and Central Garage for June 19, 1973 at 7:30 P.M. The meeting of the Capital Improvement Program, Special Gas Tax Fund, Revenue Sharing, Redevelopment and City Hall was re- schedule from June 19 to June 21, 1973 at 7:30 P.M. The Capital Improvement Program was referred to the Planning Commission, as required by Government Code Section 65401, for a repoit to Council before the June 21 hearing. RE: REPORT ON 1973-74 SALARY NEGOTIATIONS - FILE 7-8-2 x 7-3 City Manager, William J. Bielser presented a report, advising that the Firefighters Association has ac- cepted the City's offer which now requires Council ratification to become effective. RESOLUTION NO. 4501 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL. AYES: Cou cilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Motion by Councilman Nixon, second by Councilman Miskimen, to approve the Memorandum of Agreement with San Rafael Fireman's Association, Local 2208, I.A.F.F. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Betrini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4502 - RESOLUTION FIXING THE TIME AND PLACE OF PUBLIC HEARING ON AMENDMENT TO RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL'' AND FIXING THE POSTING OF SUCH AMENDMENT AND NOTICE THEREOF. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None The Council expressed appreciation to the City Manager for the exceptional handling of the salary negotia- tions and budget preparation. RE: REPORT ON WATER DISTRICT MORATORIUM - FILE 9-8 City Manager William J. Bielser advised that the Water District interim ordinance providing that a water connection will not be approved without an existing building permit conflicts with the City's policy. Staff was authorizied to issue building permits in such cases subject to the workding, ''Commencement of construction conditional on applicant receiving all of the necessary governmental permits and services'' being added to the permit. RE: REPORT ON BIDS - LIBRARY EARTHQUAKE REPAIRS - FILE 12-8 X L� -/ - ;� 0`, Mrs. Vivian Smith, Librarian, reported that the Library Board had passed a resolution to reject the one bid submitted because it was far in excess of the budgeted amount. Mr. A. J. Ring, Architect, explained the reasons for the excessive bid of $25,977, and the receipt of only one bid. the original Architect's estimate was $12,500 and later revised to just under $20,000. Council concurred in the Library Board's recommendation that the plans be revised and resubmitted for bids, and directed that specifications be submitted for their review prior to calling for bids. RESOLUTION NO. 4503 - RESOLUTION REJECTING BIDS FOR STRUCTURAL REPAIRS TO THE CARNEGIE WING OF THE SAN RAFAEL PUBLIC LIBRARY. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None A 4. RE: REPORT ON VIADUCT PARKING LOTS - FILE 12-14 City Manager William J. Bielser advised that about 30 spaces have been rented since the completion of the lots and applications are being received daily. Council concurred with staff that the State requirement allows commuter parking only. Mayor Bettini expressed appreciation to the Public Works and Parks Depart- ments for their prompt action and a beautiful job. RE: AGREEMENT WITH P.G.& E. FOR COMMON USE OF P.G.&E. EASEMENT - FILE 4-4 x 5— /-a o g Councilman Nixon left the Council Chambers. Director of Public Works Norris M. Rawles recommended approval. RESOLUTION NO. 4504 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Pacific Gas & Electric Company - Consent to Common Use for easement across Manual T. Freitas Parkway in the Green Oaks Sub- division) AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen,: None RE: EXTENSION OF TIME FOR COMPLETION OF SUBDIVISION IMPROVEMENTS - GREEN OAKS, A CONDOMINIUM - FILE 5-1-7.0 RESOLUTION NO. 4505 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK Terra Linda Development Co., Ltd. - from May 15, 1973 to August 4, 1973) AYES: Councilmen: Jensen, Miskimen, Mulryan, aid Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: Nixon RE: CERTIFICATION OF ELIGIBILITY LIST FOR PATROLMAN - File 7-4 Motion by Councilman Jensen, second by Councilman Miskimen, to certify the eligibility list for patrol- man dated May 22, 1973. AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: Nixon Councilman Nixon returned to the Council Chambers. RE: VERIFICATION OF EMPLOYMENT - RAYMOND A. BOEGE, FORMER CITY ENGINEER, - CITY MANAGER - FILE 7 - Motion by Councilman Jensen, second by Councilman Nixon, to authorize the Mayor to sign the Concurrence by City Council. AYES: Cuuncilmen: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: AUTHORIZATION FOR MAYOR TO LEAVE COUNTRY - FILE 9-1 Motion by Councilman Jensen, second by Councilman Miskimen, to authorize the Mayor to be out of the Country from June 23 to August 15, 1973. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: ROLL CALL AT CITY COUNCIL MEETINGS - FILE 1-4 X 9-1-2 Motion by Councilman Miskimen, second by Councilman Mulryan, that the roll call at City Council meetings be alphabetical. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CITY MANAGER'S SALARY - FILE 7-5 Motion by Councilman Mulryan, second by Councilman Miskimen, that City Manager William J. Bielser's salary be increased to $26,000 a year. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Coucnilmen: None RE: LEAVE OF ABSENCE - SILVIO SALMORIA - FILE 7-5 Motion by Councilman Jensen, second by Councilman Nixon, to grant a leave of absence without pay till August 6, 1973, to Silvio Salmoria to recuperate from an operation. AYES: Councilmen: Jensen, i!iskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPOINTMENT OF INSURANCE ADVISER FOR SAN RAFAEL CITY EMPLOYEES - FILE 7-1-22 Motion by Councilman Jensen, second by Councilman Miskimen, to appoint fir. Ross E. Bracken as adviser for the San Rafael City Employees to replace Councilman Nixon. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 4, 1973 and Advice on Payroll dated June 5, 1973, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND EQUIPMENT REPLACEMENT FUND BAHIA DE RAFAEL ASSESS. DIST. PAYROLL GENERAL FUND PARKS FUND LIBRARY FUND PARKING DISTRICT PARKING METER FUND Council adjourned to 8:00 o'clock P.M., June 18, 1973. Approved this // $ 46,578.93 2,881.29 2,629.18 365.66 12,542.16 1,769.68 2,596.81 158,354.20 $ 227,717.91 $ 178,399.25 6,784.06 5,777.66 636.80 159.20 $ 191,756.97 MARION A. GRADY, City Clerk day of .. --? e ,197 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, June 18, 1973 at 7:30 o'clock P.M. Special Meeting: RE: REDEVELOPMENT - FILE 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Council met in executive session with Attorney Steve Goldfarb and Financial Consultant Dennis Ciocca to discuss the terms of a proposed agreement with the Marin Community College District in connection with the suit pending against the City of San Rafael and San Rafael Redevelopment Agency. MARION A. GRADY, City Clerk Approved this,-�/1Wday of 19 73 MAYOR OF THE CITY F SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 18, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: JOINT MEETING OF CITY COUNCIL AND PLANNING COMMISSION RE STATUS OF GENERAL PLAN - FILE 11 City Planner Herbert G. Hotchner distributed copies of a report entitled ''Basic Proposals of the San Rafael General Plan'' dated June 15, 1973, submitted by the firm of Duncan and Jones, and asked for input from the public and the City officials. Mr. Warren Jones of Duncan and Jones gave a presentation of the basic principles outlined in the report for a General Plan that would be a combination of policies and plans, programs, and procedures and would contain the nine basic Elements: Land Use, Circulation, Housing, Conservation, Open Space, Seismic Safety, Noise, Safety, and Scenic Highways. Mr. Douglas Caldo of Duncan and Jones outliend information furnished on various data and analytical maps. He stated the objective of making the information available to the City and also for the developer to use for building into his design proposal. City Planner Hotchner advised that at 3:30 p.m., Wednesday, June 20, the Consultants will present the pro- posals to the Steering Committee of the Citizens Advisory Committee. At 10:00 A.M. to 12:00 Noon, Thursday, June 21, a more detailed presentation will be made to the City staff, neighboring governmental bodies, ABAG, School Districts, Water Districts, utilities, etc. RE: APPOINTMENTS TO PLANNING COMMISSION - FILE 9-2-6 Motion by Councilman Mulryan, second by Councilman Nixon that John Starkweather be appointed to the Planning Commission for a four-uear term commencing July 1, 1973• AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Motion by Councilman Miskimen, second by Councilman Mulryan, that Albert Boro be reappointed to the Plann- ing Commission. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPROVAL OF MINUTES Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and unanimously carried, to approve the minutes of the Special and Regular Meeting of June 4, 1973, a true and correct copy having been hereto- fore submitted to each member. RE: COMMUNICATION FROM CARLOS GONZALEZ RELATIVE TO SMITH RANCH PROJECT - FILE 10-2 (On Public Hearing Tape) Mr. Albert Bianchi, Attorney, represented SGA Incorporated and solicited Council approval for the con- sultant working on the General Plan to review at this time at least the commercially designated areas of the proposed ''Smith Ranch'' development, to enable them to come within the time limits of the Water Dis- trict in making application. There was Council discussion regarding possible delay of the General Plan if the consultant were to review the plan and their inability to grant approval at this time. Mr. Carlos Gonzalez, of SGA Incorporated, contended that his development was unique in that he has an existing water main, and, if given approval by the City, he could build within the 18 -month time limt; otherwise, according to the Water District, there would be a delay of from five to eight years. Mr. Dick Fox, 127 Humboldt, suggested that the City might possibly benefit through an open space trade-off by allowing this request. Mr. Julian Lifschiz, said he felt it would be premature to ask the Consultant to make a determination as to whether a project would be consistent with the General Plan. Mrs. Tina Ferris expressed the opinion that it would be unfair to allow this request in view of the num- erous applications awainting completion of the General Plan. At this point, Mr. Warren Jones, Consultant, said that the proponent would be dealing with the City Coun- cil and that he is not in a position to make a judgement as to whether any proposed development is likely to be in conformity with the General Plan at this time. The request was therefore denied by the Council. RE: PUBLIC HEARING - PROPOSED AMENDMENT AND REVISION OF THE ''PERSONNELSYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL'' - FILE 7-3 Mayor Bettini opened the public hearing. There were no speakers and he declared the hearing closed. RESOLUTION NO. 4506 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTION NO. 1696 ENTITLED ''PERSONNEL SYSTEM RULES AND REGULATIONS OF THE CITY OF SAN RAFAEL. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PUBLIC HEARING - REZONING PARCELS, LOCATED AT 4040 CIVIC CENTER DRIVE, KNOWN AS "NORTHGATE EAST," FROM P -C TO P -C - FILE 10-3 Mayor Bettini reopened the public hearing on this item which had been continued from previous meetings. City Planner Herbert G. Hotchner reported that the final Environmental Impact Report is before the Council for its action. He reviewed the background and advised that the plans submitted to the Planning Commis- sion, and approved by that body, have been modified in an attempt by the applicant to work things out agreeably with the members of the community. Motion by Councilman Nixon, second by Councilman Mulryan, to accept the Environmental Impact Report. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None Mr. Albert Bianchi, Attorney, represented the applicant, He read a letter signed by Mr. Don Nissen, President of the Terra Linda Homeowners Association, expressing opposition and stating that this opposi- tion would be eliminated by changes to correct the traffic problems, deletion of car wash and service station and one floor of the office building, and the landscaping to be a minimum of $100,000. Mr. Bianchi accepted the $100,000 minimum landscaping, change to a five -floor office building, and proposed ingress only at the Freeway off -ramp with both ingress and egress approximately 900 feet south through property owned by American Pacific Life Insurance Company (applicant has obtained this right from the owners) to correct the traffic problem. Shell Oil Company has been extended an option to the car wash and service station; however, if the Council failed to approve that use, he said the applicant would not object. City Attorney Fred Robbins, Jr. advised that, since changes are being made, this would have to be re- ferred back for Planning Commission recommendation. The City Council was in agreement that the problems have been resolved with the proposed changes. Mayor Bettini then closed the public hearing. Motion by Councilman Nixon, second by Councilman Mulryan to approve the application, subject to referral to the Planning Commission for consideration and report, with the following additional conditions: 1. Ingress and egress be provided at bottom of hill through property of American Pacific Life Insurance Company. 2. Drive at immediate intersection of Frontage Road and Freeway off -ramp be limited to ingress. 3. Gas station and car wash be eliminated from plans. 4. No less than $100,000 to be spent on landscaping. 5. Office building be restricted to five floors. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mayor Bettini opened the public hearing. Mr. Edwin N. Ness represented the Assessment District. There were no protests and Mayor Bettini declared the public closed. The Council then took the following actions: RESOLUTION NO. 4507 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE IMPROVEMENTS AND ACQUISITIONS TO BE MADE AND DESCRIBING PROCEEDINGS TO BE TAKEN, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4508 - RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4509 - RESOLUTION OF INTENTION IN THE MATTER OF THE IMPROVEMENTS AND ACQUISITIONS TO BE MADE IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None THE BOUNDARY MAP OF LEVEE MAINTENANCE DISTRICT WAS FILED. RESOLUTION NO. 4510 - RESOLUTION APPROVING MAINTENANCE DISTRICT BOUNDARY MAP. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - FILE 6--,2* (ON PUBLIC HEARING TAPE) Mr. Edwin N. Ness, Attorney for the Assessment District, was present to answer any questions. -1-45 The Council took the following actions: PETITION FOR THE WORK WAS FILED. BOUNDARY MAP WAS FILED. CERTIFICATE OF THE ENGINEER WITH REGARD TO THE PERCENTAGE OF SIGNATURES TO THE PETITION WAS FILED. RESOLUTION NO. 4511 - RESOLUTION APPROVING BOUNDARY MAP. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4512 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT. (Sturgis, Den-Dulk, Douglass & Anderson) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 4513 - RESOLUTION SETTING TIME AND PLACE FOR HEARING FOR DETERMINING PUBLIC CON- VENIENCE AND NECESSITY IN TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESS- MENT DISTRICT,CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. (July 16,1973) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CONSTRUCTION OF GREENWOOD AVENUE STORM DRAINAGE IMPROVEMENTS PROJECT NO. 9327-73.167 - FILE 4-1-203 RESOLUTION NO. 4500 - RESOLUTION OF AWARD OF CONTRACT (W. R. Forde) AYES: Councilmen: J,_-nser, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CONSTRUCTION OF SANITARY SEWERS, SEAWAY PROJECT - PROJECT NO. 9514-73.165 - FILE 4-1-202 Director of Public Works Norris M. Rawles presented the staff report, recommending rejection of the bid, since only one was received. After Council discussion pertaining to the reasonable bid received (below the Engineer's estimate), motion was made by Councilman Jensen and seconded by Mayor Bettini to accept the bid, and transfer necessary money from unappropriated funds. RESOLUTION NO. 4514 - RESOLUTION OF AWARD OF CONTRACT (Maggiora & Ghilotti, Inc.) AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: FINAL ADOPTION - ORDINANCE NO. 1105 AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL - FILE 10-3 CHARTER ORDINANCE NO. 1105 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municiphl Code of San Rafdel, CaliTornia, so as to re- classify certain real property from R-3 (Multiple Family Residential) district to R-2 (Duplex Residential) district, and numbering Charter Ordinance No. 1105 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: DISCUSSION OF VICE MAYORSHIP - FILE 9-1 City Council discussion of this item included the Charter provision for a ''Vice -President'' to serve in the absence of the Mayor; past policy of appointing the senior Council member to that office; the duty of the Council, under the Charter, to appoint a Vice -President as well as the privilege to change policy; possible rotation of the office; the need for determination of the term of such appointment; and the possibility of a Charter amendment to allow the Mayor to appoint the Vice -President. There was a motion by Counc-lman Jensen that the Vice -President be appointed for a two-year term at each election time, commencing in April, 1975, which died for lack of a second. RE: PROPOSED ORDINANCE REGARDING STREET SIGNS AND PARKING LIMITATIONS - FILE 11-9 x 11-8 CHARTER ORDINANCE NO. 1107 - An ordinance of the City of San Rafael amending Section 15.28.010 and Sec- tion 15.48.010 of Title 5 relating to stop signs and stopping, standing and parking, and numbering Charter Ordinance No. 1107, was read, introduced and ordered passed to print., by the following vote, to wit: AYES: Councilmen: Jensen Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PROPOSED ORDINANCE REGARDING ELIMINATION OF THE FINANCE COMMITTEE - FILE 9-2-2 CHARTER ORDINANCE NO. 1108 - An ordinance of the City of San Rafael amending Title 2 by repealing Sections 2.28.030 and 2.28.040 and amending sections 2.28.020 and 2.28.050 so as to abolish the Finance Committee, and numbering Charter Ordinance No. 1108 was read, introduced and ordered passed to print, by the follow- ing vote, to wit: AYES: Councilmen: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: Jensen ABSENT: COUNCILMEN: None RE: REQUEST FROM GREGORY C. FEARON TO ADDRESS COUNCIL REGARDING uONSTITUTIONALITY OF CERTAIN ORDINANCES FILE 1 -2 X 1:? -5 / Mr. Gregory C. Fearon, 162 Hillsiue Avenue, objected to Municipal Code Sections 8.12.040, 8.12.050, .12.0 0, and 8.12.070 and asked the City Council to initiate procedures to eliminate them. He expressed the opinion that they are unconstitutional. City Attorney Fred Robbins, Jr. advised that there are no cases holding these types of ordinances uncon- stitutional. The Council felt that Sections 8.12.050, 8.12.060 and 8.12.070 are outdated and Section 8.12.040 should be rewritten. Motion by Councilman Mulryan, second by Councilman Jensen, to instruct the City Attorney to prepare an ordinance repealing the above three sections dealing with fortunetelling, phrenology, and hypnotism, and re -write the section, 8.12.040 dealing with seditious language. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PRESENTATION OF REVISED PLANS AND SPECIFICATIONS AND CALL FOR BIDS - LIBRARY STRUCTURAL REPAIRS F I L E 12 - 8 X —2--� Mr. Andrew J. Ring III, Architect, presented drawings as revised. Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the revised plans and direct call for bids for structural repairs to the Carnegie Wing of the San Rafael Public Library. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: RESOLUTION OF CONSENT TO THE FORMATION OF COUNTY SERVICE AREA IN THE SANTA MARGARITA -LAS GALLINAS AREA FOR PARK AND RECREATION SERVICES - FILE 142 Motion by Councilman Miskimen, second by Councilman Jensen, to adopt the Resolution of Consent. (Council- man Mulryan abstained since he is a LAFCO member) AYES: Councilmen: Jensen, Miskimen, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Mulryan RE: EXTENSION OF OPTION ON LAS COLINDAS UNIT NO. 11 - FILE 2-7-1 City Manager William J. Bielser reported that the property owners had agreed to a three-month extension of the option agreement for purchase of subject property for open space, which expires July 5, 1973, for an additional cost of $600. The Council members were in agreement that this extension would be of no value. Mike Peregrin, 3 Wintergreen Terrace, referred to a petition signed by over 1,000 Terra Linda residents, and urged that the City acquire this property. Motion by Councilman Miskimen, second by Councilman Mulryan to proceed to exercise our existing option with the limitation of not more than $75,000, with approximately $60,000 coming from the former CSD re- serve. RESOLUTION NO. 4520 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PURCHASE OF PROPERTY FROM RUBIN GLICKMAN AND JEREOME MEISLIN, AND AUTHORIZ- ING THE EXPENDITURE OF FUNDS. AYES: Councilmen: Jensen, Miskimen, Mulrya, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: PROPOSAL FOR CITIZENS COMMITTEE ON SAN RAFAEL CANAL - FILE 12-10 City Manager William u. Bielser presented a written and verbal report suggesting the appointment of a Citizens' Advisory Committee to develop a detailed master plan for Canal improvements. The City staff was directed to prepare an outline for the establishment of such a committee and present to the Council at the next meeting. RE: REQUEST FOR REPORT ON BURGLARY PREVENTION PROGRAM - FILE 9-3-30 Councilman Nixon requested, and received, Council approval for the City Manager to work with the Police Chief to re-evaluate existing burglary prevention programs, investigate potential programs and present an overall unified plan to the City Council within approximately two months. Andrea Boggs of the Marin County Criminal Justice Planning Agency called attention to two County pro- grams recently initiated on burglary prevention and bicycle and car theft analysis. RE: EXTENSION OF TIME FOR THE COMPLETION OF CONTRACT - PROJECT NO. 9111-73.150 - CONSTRUCTION OF TENNIS COURTS, FREITAS PARK PROJECT VALLECITO SCHOOL SITE - FILE -1-200 RESOLUTION NO. 4516 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - CONSTRUCTION OF TENNIS COURTS-FREITAS PARK PROJECT -PROJECT NO. 9111-73.150 (VALLECITO SCHOOL SITE) from June 11, 1973 to July 2, 1973• AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: APPOINTMENT TO BOARD OF REVIEW - FILE 9-2-12 Appointment to the Board of Review for a six-year term was continued for two weeks, with the expiring term of Howard Levenson to remain in effect pending Council action. RE: RESOLUTION OF COMMENDATION TO RETIRING OFFICER JOHN ROSENTANGLE - FILE 102 Motion by Councilman Jensen, second by Councilman Miskimen, to adopt the above resolution, to be pre- sented at Officer Rosentangle's retirement dinner on June 29, 1973. RESOLUTION NO. 4517 - RESOLUTION OF COMMENDATION FOR JOHN ROSENTANGLE. AYES: Cuuncilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATION - REQUEST FOR THREE-WAY STOP SIGNS - FILE 11-9 RESOLUTION NO. 4518 - A RESOLUTION DESIGNATING AND DESCRIBINu INTERSECTIONS AT WHICH BOULEVARD STOPS ARE REQUIRED. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATION - ONE-WAY STREET, FIRST STREET FROM "D" STREET TO "E" STREET, WEST- BOUND - FILE 11-1 Director of Public Works Norris M. Rawles said the City Council has received copies of a letter from Mr. Payntar indicating approval of the one-way pattern and requesting City participation with the property owners to improve the street. This request was referred to the Public Works and Engineering Department. RESOLUTION NO. 4519 - A RESOLUTION DESIGNATING AND DESCRIBING ONE-WAY STREET. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: TRAFFIC COMMITTEE RECOMMENDATIONS FOR PLACEMENT OF FIVE (5) HOUR PARKING METERS - FILE 11-18 An ordinance of the City of SAn Rafael amending Title 5, Traffic Regulations, Chapter 5.60, Parking Meters, by aduing thereto additional areas of parking and Section 5.60.065, entitled "Five Hour Parking Meter Zones," and numbering Charter Ordinance No. 1109 was read, introduced and ordered passed to print by the following vote, to wit: AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES; Councilmen: None ABSENT: Councilmen: None RE: COMMUNICATION FROM H. L. VIGLIENZONE REGARDING LEASE OF CANAL PROPERTY - FILE 2-1-5 After Council discussion, this item was continued to June 19, 1973• RE: PERSONNEL - DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES - File 7-4 Assistant to the City Manager Raymond L. Meador presented a verbal and written report and was authorized by the City Council to prepare a final plan for Council approval. Council endorsed the concept of a de- ferred compensation plan. RE: REQUEST FOR EXTENSION OF LEAVE OF ABSENCE FOR AN ADDITIONAL 90 DAYS - OTHO THOMAS - FILE 7-5 Motion by Councilman Jensen, second by Councilman Nixon, to approve the 90 -day extension of leave of absence for Otho Thomas. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: CLAIM FOR INJURIES - JAMES R. BARRETT, 3105 LIGGETT, PARMA, OHIO 44134 - FILE 3-1-56 Motion by Councilman Nixon, second by Councilman Jensen, that the above claim be denied and referred to insurance carrier. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: HEALTH INSURANCE PROGRAM FOR RETIRED EMPLOYEES - FILE 7-9 City Manager William J. Bielser reported that, at Council request, the staff has investigated the possi- bility of the City's absorbing the entire cost of retired employees' health insurance coverage and, based on the six retireed employees, the cost would be $102 per month. Motion by Councilman Miskimen, second by Councilman Mulryan, authorizing the staff to enter into an agree- ment whereby the City would contribute 100% of the premium cost for health insurance coverage for retired employees to age 65, with retiree paying complete cost for any dependent coverage. Renewal of this ac- tion will be subject to City Council review annually. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: VIADUCT PARKING - FILE 12-14 City Manager William J. Bielser was directed to communicate with Attorney William G. Corrigan, advising that this matter has been discussed by the City Council and reconfirm that this lot is commuter parking only. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated June 18, 1973 and Advice on Payroll dated June 20, 1973, and pow on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND $ 87,998.33 PARKS FUND 1,589.15 LIBRARY FUND 1,522.64 EMPLOYEES' RETIREMENT FUND 38,099.14 PARKING DISTRICT 41,906.75 CAPITAL IMPROVEMENT FUND 2,889.77 STORES REVOLVING FUND 957.75 EQUIPMENT REPLACEMENT FUND 7,720.68 REDEVELOPMENT AGENCY FUND 747.50 TRUST AND AGENCY FUND 100.00 3,531.71 PAYROLL: GENERAL FUND $ 158,607.00 PARKS FUND 6,784.06 LIBRARY FUND 5,833.63 PARKING DISTRICT 636.80 PARKING METERS 159.20 Council adjourned to 7:30 P.M., June 19, 1973• $ 172,020. 9 MARION A. GRADY, City Cler Approved this day of 1973• 4122 t MAYOR OF THE CITY F SAN RAFAEL 49 In the Council Chambers of the City of San Rafael, Tuesday, June 19, 1973 at 7:30 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: BUDGET - FISCAL YEAR 1973-74 - FILE 8-5 The Council approved the operating budgets for the Library and Parks and Recreation Departments. The list of recommended projects to be funded from Gas Tax money was discussed and approved. Mayor Bettini excused himself from the meeting at 8:37, Acting Mayor Jensen presided. The Mayor returned at 8:45 P.M. see cor- `"`The Capital Improvement Program was reviewed in detail. In discussing the Canal Area Park the Council rection on asked the City Manager to obtain a detailed report from the City Attorney regarding the McKeon easement Page 450 dispute. The City Manager was directed to place the matter of bicycle paths on the next City Council agenda. Moved by Councilman Jensen, seconded by Councilman Mulryan to approve the Capital Improvement Budget. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None City Manager William J. Bielser reported that a letter was received from the Humane Society stating that one man plus would be assigned to the City of San Rafael. The animal control officer was removed from the Police Department budget. RESOLUTION NO. 4521 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4467 FIXING THE COMPENSATION FOR MISCELLANEOUS, MANAGEMENT AND CONFIDENTIAL EMPLOYEES. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None City Manager re -capitulated the deletions and additions to the budget made by the Council and it was moved by Councilman Nixon, seconded by Councilman Miskimen to approve the budget as amended. AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: Councilmen: None ABSENT: Councilmen: None RE: REDEVELOPMENT - FILE 140 The Council adjourned to act as a Redevelopment Agency. Executive Director William Bielser reviewed the proposed Redevelopment Agency operating budget and pro- ject budget. The budget provides that Agency Board members be compensated for attendance at meetings as provided by law and that staff members be compensated at $25.00 per meeting for each meeting that is not a rcgular Council meeting. The Agency Board adopted the budget as presented. The meeting of the Redevelopment Agency was adjourned and the City Council meeting reconvened. RE: CITY MANAGER'S BUDGET MESSAGE - FILE 8-5 The Council discussed the request of the City Manager for policy determination on a number of current issues and agreed to meet in a special meeting work session soon. RE: COUNCIL APPOINTMENTS - FILE 9-1 Councilman Mulryan stated that in the event it was not clear at a previous meeting about the appointment to the San Rafael Sanitation District he would move to appoint Councilman Jensen. It was pointed out that Councilman Jenben had been appointed. Moved by Councilman Mulryan, seconded by Councilman Nixon, to rotate appointments to the office of Vice - President on an annual basis. AYES: Councilmen: Jensen, Mulryan and Nixon NOES: Councilmen: Miskimen and Mayor Bettini ABSENT: Councilmen: Note Moved by Councilman Mulryan, seconded by Councilman Nixon, to appoint Councilman John Miskimen to the officc of Vice -President Mayor Bettini left the meeting. Councilman Jensen left the meeting. AYES: Councilmen: Mulryan and Nixon NOES: Councilmen: None ABSENT: Councilman: Jensen and Mayor Bettini ABSTAIN: Councilman: Miskimen The City Clerk advised Councilman Miskimen that the Charter requires that every member when present must vote and Councilman Miskimen then cast an 'aye' vote on the question. MARION A. GRADY, City Clerk App roved th 1 s a?4 W day of 19 73 Z! L MAYOR OF THE CITY 07 --SAN RAFAEL *"The Capital Improvement Program was reviewed in detail. In discussing the Canal Area Park the Council asked the City Manager to obtain a detailed report from the City Attorney regarding the McKeon easement dispute. In discussing the recreation center, the Council asked the City Manager to study all potential sites. In Room 201 of the City of San Rafael, Monday, July 2, 1973 at 7:30 o'clock P.M. Special Meeting: RE: REDEVELOPMENT - FILE 140 Present: John A. Miskimen, Acting Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor The Council met in executive session to discuss with Attorney Steven Goldfarb the status of negotiations with the Marin Community College District in its suit pending against the City and Redevelopment Agency. RE: BOARD OF REVIEW - FILE 9-2-12 The Council agreed to interview the two applicants for appointment to the Board of Review and make an appointment at a future meeting. MARION A. GRADY, City Clerk Approved this `L day of 19'3 MAYOR OF THE CITY OF SAN RAFAEL 4151 In the Council Chambers of the City of San Rafael, Monday, July 2, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: John A. Miskimen, Acting Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor CONSENT CALENDAR: Acting Mayor Miskimen requested amendment of the minutes of June 19, 1973, page 1, by adding the following sentence at the end of paragraph 4: "In discussing the Recreation Center, the Council asked the City Manager to study all potential sites.'' Motion by Councilman Jensen, second by Councilman Mulryan, and carried, to approve recommended action of the following consent calendar items as amended: Item: Recommended Action: Approval of Minutes of Special and Regular Meetings of June Approve. 18, 1973, as mailed, and Adjourned Regular Meeting of June 19, 1973, as amended. Claim for Damages- Gus A. Pinto, Claimant. (FILE Deny and refer to Insurance 3-1-55) Carrier. The Council adjourned to act as the Redevelopment Agency. REDEVELOPMENT AGENCY REPORT ON NEGOTIATIONS WITH MARIN COMMUNITY COLLEGE DISTRICT - FILE 140 Vice Chairman Jensen presided and called on Mr. Steve Goldfarb for a report. Attorney Steve Goldfarb advised that the proposed agreement was signed by the College District and, if ap- proved, is scheduled to go before the County Board of Supervisors on Tuesday, July 3, 1973, for some minor changes to the County agreement necessary for conformance with the College District agreement. All of the legal actions filed, except one, have been dismissed and he recommended approval of the agreement contin- gent on dismissal of all lawsuits. Motion by Member Miskimen, second by Member Mulryan, to authorize the Executive Director to sign the agree- ment, pending dropping of all lawsuits. RESOLUTION NO. 73-2 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH MARIN COMMUNITY COLLEGE DISTRICT IN SETTLEMENT OF SUIT. AYES: Members: Miskimen, Mulryan, Nixon and Acting Chairman Jensen NOES: Members: None ABSENT: Members: Chairman Bettini The Redevelopment Agency adjourned and reconvened as the San Rafael City Council. RE:' PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION BY ROBERT C. GARLOCK, TROPICAL AQUARIA (Z71-15 SIGNS), 1205 THIRD STREET- FILE 10-11 City Planner Herbert G. Hotchner presented the staff report, explaining the policy to deny without preju- dice when ''graphic art'' is proposed to allow applicant to come before the Council to determine whether or not it is a sign. Council was also presented with Planning Commission minutes and the letter of appeal. Acting Mayor Miskimen opened the public hearing. Mr. Robert C. Garlock, appellant, stressed the necessity of blocking out the sunlight to prevent the growth of algae in the fish tanks and raising of water temperatures. He asked for favorable consideration of the proposed graphic art which he felt would be better than merely painting the glass black as present- ly allowed. He was agreeable to a one-year approval. Joan Welsome, a partner of Mr. Garlock, advised that the landlord is in agreement with their proposal and she indicated approval of the one-year review. Motion by Councilman Nixon, second by Councilman Jensen, to grant the appeal for one year and that the item be brought before the Council for review at that time. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION BY STEPHEN AND CHERYL BAKER (GPC 73-23 - TAMALPAIS LAND AND DEVELOPMENT COMPANY FOR APARTMENT COMPLEX AT 127, 131 and 135 ROSS STREET - Fii F to -s City Planner Herbert G. Hotchner presented the staff report, advising that the Traffic Committee reviewed this item on June 12, 1973, and approved it subject to the removal of on -street parking for the entire frontage of the property and provision for on-site parking. Council was provided with the staff report copies along with minute excerpts of the Planning Commission meeting, and letters from eight property owners opposing the development in addition to the letter of appeal. Mr. Hotchner advised that the question before the Council is whether or not it conforms to the GPC ordinance. Acting Mayor Miskimen opened the public hearing and asked for speakers in favor of the appeal. Mr. Dick Rodriquez, 10 Clark Street, spoke for the appellants. He asked that the Council give strong con- sideration to overruling the decision of the Planning Commission. He cited Mayor Bettini's statement that, under the GPC Ordinance, densities substantially less than the maximum allowable under present standards should be considered and contended that there is no substantial probability that the proposed use will be consistent with the General Plan. Mr. Steve Baker, 332 Bayview, appellant, opposed the proposed development on the grounds that it may be in conflict with the revised General Plan, and felt it would add to the present parking, traffic and drainage problems. He had not appeared at the Traffic Committee hearing, as he was of the opinion that Committee would not review this item until after the appeal hearing. Mrs. Cheryl Baker also spoke in opposition to the approval and submitted a letter, which she read, from Theresa M. Morgan, 322 Bayview Street, opposing the development. It was pointed out that further comments should be addressed to the General Plan Conflict, which is the only issue under consideration. Mr. Gerald Aldridge, 323 Bayview Street, who is restoring an older home, said he was appealing density and felt the area was not designed for many multiple -family units. Acting Mayor Miskimen asked the applicant if he wished to speak. Mr. Ray Hoffman represented the applicant and maintained that the proposed development would not be in conflict with the revised General Plan due to: (1) Apartments with the same density are presently being constructed across the street, (2) The trend in the area is towards demolition of buildings, (3) The type of traffic generated would be mostly to and from work rather than all day, (4) Less garbage collection, sewer and water usage, and (5) No students would be added to the schools. Mr. Bob Asmussen, an owner of Tamalpais Land and Development Company, read a letter from his partner who was unable to attend, and asked that the Council uphold the action of the Planning Commission. He said they are trying to upgrade the area and felt their project would be consistent with the general character of the neighborhood. Acting Mayor Miskimen declared the public hearing closed. After discussion as to the intent of the GPC ordinance, the maximum density under present zoning being utilized in the proposed complex, and the importance of preserving older homes and achieving a well- balanc ed community, a motion was made by Councilman Mulryan, seconded by Councilman Nixon, to grant the appeal. AYES: Councilmen: Jensen, Mulryan, Nixon, and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (AA73-51(B)- COURTHOUSE SQUARE) - FILE 124 City Planner Herbert G. Hotchner submitted written and verbal report regarding the June 12 approval of ex- posed aggregate for both the walkways and garden walls, drawings and material samples. Acting Mayor Miskimen opened the public hearing. Mrs. Carol Sadler based her appeal on the opinion that the proposed aggregate is not as aesthetically pleasing as the materials originally submitted, and the fact the Planning Commission approval was a non - agenda item and the public was not aware of the date. She suggested a policy whereby builders of any substantial project would present the total plan including design, materials, colors, etc. at one time. Mr. Dick Fox, 127 Humboldt, spoke in favor of the appeal asking the Council to take a close look at this item which would influence the economic health of the downtown area. He also expressed concern that additional trees be saved. Mr. William Scheppel, Architect for the developer, explained that they proposed the use of exposed aggre- gate in the belief that it was a better material for reasons of safety, stability, the cost factor, and it lends itself to the curvilinear design of the walkways. Mrs. Dorothy Breiner and Mr. Fred Dekker spoke in favor of the appeal and asked that the original proposal of brick walkways and stone garden walls be required. Mrs. Jean Starkweather favored brick for the walkways but felt the exposed aggregate could be used for the garden walls. Acting Mayor Miskimen closed the public hearing. Motion by Councilman Mulryan to grant the appeal, second by Councilman Nixon. AYES: Councilmen: Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: Jensen ABSENT: Councilmen: Mayor Bettini Motion by Councilman Mulryan, second by Councilman Nixon, to approve brick material, as submitted in March 1973, for the walkways and stone for the garden walls. Motion failed by the following tie vote: AYES: Councilmen: Mulryan and Nixon NOES: Councilmen: Jensen, and Acting Mayor Miskimen ABSENT: Councilmen: Mayor Bettini Motion by Councilman Nixon to approve brick for the walkways, second by Councilman Mulryan. AYES: Councilmen: Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: Jensen ABSENT: Councilmen: Mayor Bettini A motion by Councilman Nixon to approve the exposed aggregate for the wall material died for lack of a second. Motion by Councilman Nixon that the material for the garden walls be referred back to staff for their review with the architect and submission to the Planning Commission for approval, second by Councilman Mulryan. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: PUBLIC HEARING - PROPOSED COMMERCIAL INDUSTRIAL EXCISE TAX (ORDINANCE NO. 111.0) - FILE 9-10.2 City Manager William J. Bielser reported, recommending approval of the proposed ordinance as a one-time tax. He stated that staff has no objection if the Council should choose to broaden the uses rather than restriction to the recommended Park and Recreation uses. Acting Mayor Miskimen declared the public hearing open, stating the item requires determining whether the tax is to be imposed and, of so, for what uses. He asked for speakers in favor of the tax. Mr. Dick Rodriguez spoke in favor of imposing the proposed tax, as did Mr. James H. Mayer, Chairman of the Library Board of Trustees, and Mrs. Marge Russell. Mr. Carl Brown, Executive Director of the Redwood Empire Building Industry Association, said that he had opposed adoption of the ''bedroom tax,'' but had suggested that if that were adopted the commercial and in- dustrial buildings should be included. He brought up the question as to whether such rates and charges would be subject to the price freeze. He also asked that if this tax is adopted, the tax now being charged on residential construction be reduced. City Attorney Fred Robbins, Jr. advised that a distinction was clearly made between taxes levied by governmental agencies and fees and charges, and the proposed ordinance does not come under the price freeze regulations. Parks and Recreation Director A. J. Snyder, Jr. advised that the Parks and Recreation Commission has pro- posed this tax, unanimously approved the concept, and urged the Council to adopt the ordinance. Mr. James Mahoney, member of the Board of Directors of the Builders Exchange, indicated opposition to the ordinance contending it constitutes a ''hidden'' tax and it would be wrong to make the builder the collection agency. Other speakers opposing the ordinance were Mr. David Greenlee, Manager of Marin Builders Exchange, and Mr. Ray Swanson. Mrs. Carol Sadler and Mrs. Dorothy Bryan spoke in favor of the tax and pointed out that less than 1/3 of the City's operating budget comes from property taxes as well as the extra burden to streets from new in- dustrial and commercial development. Mr. John Starkweather felt the proposed ''one-time'' tax should be used for capital improvement projects. Acting Mayor Miskimen closed the public hearing. Council discussion revealed the concensus that the tax should be collected at the time a building permit is issued and the City Attorney was directed to amend the ordinance to delete Section 3.26.080 and any other reference to collecting tax at the time of occupancy. There was also discussion regarding distribution of funds derived from this tax. CHARTER ORDINANCE NO. 1110 - An ordinance of the City of San Rafael amending Title 3, Finance and Taxation, by adding thereto Chapter 3.26, entitled Property Development Excise Tax, and numbering Charter Ordinance No. 1110, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: Councilmen: Jensen, Mulryan, and Nixon NOES: Councilmen: Acting Mayor Miskimen ABSENT: Councilmen: Mayor Bettini RE: OATH OF OFFICE - JOHN STARKWEATHER - FILE 9-2-6 City Clerk Marion A. Grady administered the oath of office to Mr. John Starkweather, who was appointed to the Planning Commission for a four-year term commencing July 1, 1973. RE: FINAL ADOPTION - ORDINANCE NO. 1107 AMENDING TITLE 5 RELATIJG TO STOP SIGNS, AND STOPPING, STANDING AND PARKING - FILE 11-9 x 11-8 CHARTER ORDINANCE NO. 1107 - An ordinance of the City of San Rafael amending Section 15.28.010 and Section 15.48.010 of Title 5 relating to stop signs and stopping, standing and parking, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: OOUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1108 AMENDING TITLE 2 REGARDING ELIMINATION OF THE FINANCE COMMITTEE - FILE 9=2-2 CHARTER ORDINANCE NO. 1108 - An ordinance of the City of San Rafael amending Title 2 by repealing Sections 2.28.030 and 2.28.040 and amending Sections 2.28.020 and 2.28.050 so as to abolish the Finance Committee, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: densren ABSENT: Councilmen: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1109 AMENDING TITLE 5 RELATING TO FIVE (5) HOUR PARKING METER ZONES - FILE 11-18 CHARTER ORDINANCE NO. 1109 - An ordinance of the City of San Rafael amending Title 5, Traffic Regulations, Chapter 5.60, Parking Meters, by adding thereto additional areas of parking and Section 5.60.065, entitled ''Five 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: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: PROPOSED ORDINANCE REPEALING SECTIONS IN TITLE 8 HAVING TO DO WITH HYPNOTISM, PHRENOLOGY AND FORTUNE- TELLING ORTUNE- TELLING - FILE 1-2 x 13-Y � / �LC, At the request of Deputy Police Chief Stephenson, motion was made by Councilman Nixon, seconded by Council- man Mulryan and unanimously carried, to continue this item to allow further review of the ordinance. RE: APPOINTMENT TO BOARD OF REVIEW - FILE 9-2-12 This item was continued to the meeting of July 16, 1973, pending interviewing of applicants at 7:30 p.m. on July 16. RE: RESOLUTION ACCEPTING DEED TO REAL PROPERTY - MEISLIN/GLICKMAN - FILE 2-7-1 City Manager Bielser reported the purchase price of $69,800, of which $60,000 will come from the former CSD reserve, is considerably less than the option amount. RESOLUTION NO. 4522 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING REAL PROPERTY (Assessor's Parcel No. 1655-010-41 - Meislin/Glickman) AYES: Councilmen: Jensen, Mulryan, Nixon, and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: REQUEST FOR FINANCIAL PARTICIPATION BY SURVIVAL, INC. - FILE 13-14 Mr. Peters of Survival, Inc. reported on their activities in environmental education, research and re- cycling, and requested City support in the funding of their recycling efforts. He also requested that the City Council make a decision at this meeting if possible. The Council directed the City Attorney to research the Charter limitations with reference to this request and continued the item to July 16, 1973• RE: DISCUSSION OF ENVIRONMENTAL REVIEW COMMISSION - File 9-2 At the suggestion of Councilman Mulryan, the possibilit- of establishing an Environmental Review Commission to assist the Planning Commission was discussed and the staff was directed to research ways delegating responsibilities and making agendas more functional and come back with specific suggestions at the meeting of August 6, 1973• Councilman Jensen left the Council Chambers. RE: VIADUCT PARKING LOTS - FIRST AMERICAN TITLE COMPANY - FILE 12-14 Motion by Councilman Nixon, second by Councilman Mulryan, that this item be continued since a representa= tive from First American Title Company was not present. AYES: Councilmen: Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Jensen and Mayor Bettini RE: RESOLUTION OF COMMENDATION - RETIRING PLANNING COMMISSIONER, THOMAS R. O'TOOLE - FILE 9-2-6 x 102 Councilman Jensen returned to the Council Chambers. RESOLUTION NO. 4523 - RESOLUTION OF COMMENDATION FOR THOMAS R. O'TOOLE. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: Npne ABSENT: Councilmen: Mayor Bettini RE: REPORT ON OPTION AGREEMENT - STHYMMEL/BACCONE PROPERTY - FILE 2-1-44 After a report from City Manager William J. Bielser, motion was made by Councilman Nixon, seconded by Councilman Mulryan, to adopt the staff recommendation and approve the proposed option agreement. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: RESOLUTION AUTHORIZING PARTICIPATION IN THE FEDERAL SURPLUS PROPERTY PROGRAM OVER AND UNDER $2500. - FILE 13-11 RESOLUTION NO. 4524 - COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini 45 RE: JOINT POWERS AGREEMENT BETWEEN THE MARINWOOD CSD AND THE CITY OF SAN RAFAEL - FILE 4-10-67 RESOLUTION NO. 4525 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Joint Powers Agreement between the Marinwood CSD and the City of San Rafael regarding mutual assistance) AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: RESOLUTION TO REQUEST LAFCO TO MODIFY AND AMEND THE N.Y. CAL -BLACK CANYON PROPERTIES ANNEXATION - FILE 5-2 City Attorney Fred Robbins, Jr. presented a written and verbal report recommending adoption of a resolu- tion requesting LAFCO to approve the two annexations by separate resolutions. RESOLUTION NO. 4526 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING MODIFICATION OF ANNEXATION OF N.Y. CAL INDUSTRIAL CORPORATION ANNEXA- TION AND LANDS OF BLACK CANYON, COMMONLY KNOWN AS CITY PRESERVE ANNEXA- TION. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: REPORT REGARDING DOLLAR ESTATE- FILE 13-14.2 A status report of the staff analysis of the Dollar Estate Feasibility Study was given by Assistant to the CityManager Raymond L. Meador. The staff will complete the analysis and come back to the Council for re- view in late August. RE: REPORT ON BIKE PATHS - FILE 9-3-66 After a staff report and discussion relative to bike paths within and through San Rafael, action was de- ferred pending presentation of a county -wide plan by the County of Marin at a public hearing before the City Council sometime in July. Councilman Mulryan requested that a bicycle registration program be in- cluded. RE: RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - FILE 2-6 RESOLUTION N0. 4527 - RESOLUTION ACCEPTING -CONVEYANCE OF REAL PROPERTY (Tax -deeded properties: A.P. Nos. 14-063-32-32, 16-161-46 and 185-271-16) AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: ABANDONMENT OF 10 -FOOT WIDE SLOPE AND DRAINAGE EASEMENT - FILE 2-12 Motion by Councilman Jensen, second by Councilman Mulryan, to accept the recommendation of the Public Works Department to deny the request at this time pending formation and implementation of Assessment District. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: ASSESSMENT PAYMENT DEFAULT WITHIN EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 1 - FILE 6-22 City Manager William J. Bielser reported on unpaid assessments in this District in the total amount of $22,264.15 and asked authorization to institute foreclosure proceedings. RESOLUTION NO. 4528 - RESOLUTION AUTHORIZING FORECLOSURE OF DELINQUENT ASSESSMENT DISTRICT PROPERTY. AYES: Councilmen: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: REPORT ON LINDARO STREET PARKING LOT, ET AL - FILE 12-14 Motion by Councilman Mulryan, second by Councilman Nixon, to authorize the City staff to negotiate with PG&E Company on an accepatable settlement as to the lease agreement for the Lindaro Street Parking Lot. Motion carried unanimously. An ordinance of the City of San Rafael amending Title 5, Traffic Regulations, Chapter 5.60, Parking Meters, by adding to and deleting therefrom certain areas of parking, and Section 5.60.068, entitled ''Ten Hour Parking Meter Zones,'' and numbering Charter Ordinance No. llll,was read, introduced and ordered passed to print by the following vote, to wit: AYES: Councilmen: Jensen, Mulryan, Nixon, and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Mayor Bettini RE: DISCUSSION OF CAMPAIGN EXPENSE ORDINANCE - FILE 9-4 At Councilman Miskimen's suggestion, the staff was directed to obtain copies of recently enacted or pro- posed ordinances from California cities, relating to regulation of campaign expenses. RE: EAST SAN RAFAEL, CANAL STREE/KERNER BOULEVARD PARK - FILE 12-5 x 12-10 City Manager William J. Bielser reported the results of a meeting with McKeon Construction Company relat- ing to an option to purchase 1.56 acres at Canal Street and Kerner Boulevard. McKeon had suggested that the City take immediate possession, fill and turf the property for a park and acquire an option to pur- chase the parcel at a price of $35,000 in one yar, with the City to pay the taxes for that year and bear the cost of improvements ($27,500 estimated cost for filling and turfing). After discussion, the staff was directed to negotiate further with McKeon Construction Company. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 2, 1973, and Advice on Payroll dated July 5, 1973, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 47,425.79 PARKS FUND 918.07 LIBRARY FUND 1,157.26 SAN RAFAEL OPEN SPACE 70,442.75 PARKING DISTRICT 2,260.02 CAPITAL IMPROVEMENTS 44,198.86 STORES REVOLVING FUND 6,003.30 EQUIPMENT REPLACEMENT FUND 881.33 BAHIA DE RAFAEL ASSESSMENT DISTRICT 71,387.82 LUCAS VALLEY OPEN SPACE ASSESS.DIST. 3,122.20 EAST SAN RAFAEL DRAINAGE ASSESS.DIST.#I 95,533.26 $ 343,330.66 Payroll: GENERAL FUND $ 161,638.71 PARKS FUND 6,784.06 LIBRARY FUND 5,711.09 PARKING DISTRICT 636.80 PARKING METERS 159.20 $ 174,929.86 Council adjourned to Monday, July 16th, 1973 at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this day of 19 ACTING MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 16, 1973, at 8:00 o'clock P.M. Regular Meeting: Present: John A. Miskimen, Acting Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor Jack G. Nixon, Councilman CONSENT CALENDAR: Motion by Councilman Mulryan, second by Councilman Jensen, and carried, to approve the recommended action of the following consent calendar items: Item Recommended Action Approval of Minutes of Special and Regular Approve. Meetings of July 2, 1973, as mailed. Approval for Payment of Demands, as appears from the Passage of Claims. Advice on Warrants dated July 16, 1973, and Advice on Payroll dated July 20, 1973, and now on file in Finance office. Claims: GENERAL FUND $ 74,555.09 PARKS FUND 155.85 LIBRARY FUND 777.85 SAN RAFAEL OPEN SPACE 417.20 PARKING DISTRICT 226.55 CAPITAL IMPROVEMENT FUND 2,665.38 STORES REVOLVING FUND 999.80 EQUIPMENT REPLACEMENT FUND 16,690.65 REDEVELOPMENT AGENCY FUND 77.00 BAHIA DE RAFAEL ASSESSMENT DISTRICT 1,972.50 TRUST & AGENCY FUND 1,040.55 EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT #1 75,120.00 $ 174,698.42 Payroll: GENERAL FUND $ 147,663.89 PARKS FUND 7,287.50 LIBRARY FUND 5,960.17 PARKING DISTRICT 668.40 PARKING METERS 167.10 $ 161,747.06 Claim Against the City - Elmer Haynes, Deny and Refer to Claimant - FILE 3-1-59 Insurance Carrier. 12G RE: PUBLIC HEARING - TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - FILE 6-3a Acting Mayor Miskimen opened the public hearing and announced that four votes were required before any ac- tion could be taken on this item. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to continue the public hearing to the meeting of August 6, 1973• AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Councilmen Nixon and Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL (Z73-8, 14 GREENFIELD AVENUE) - FILE 10-3 Acting Mayor Miskimen opened the public hearing on the appeal by Pixco, Inc., who were representing the owner, Crocker National Bank. City Planner Herbert G. Hotchner reported concerning the Planning Commission denial by a 7-0 vote of the application, and advised that the staff report contained factual information, minutes of the Planning Com- mission meeting and a map giving the general location in the City. Mr. Boyd Lang, representing the Crocker National Bank, reiterated his remarks expressed at the Planning Commission hearing that this is a transitional piece of property and their hopes to place a real estate construction office on the site. He asked for favorable consideration of this rezoning request in a be- lief it is a good use for the property that has been vacant for 20 to 25 years. Acting Mayor Miskimen then asked for speakers in favor of upholding the Planning Commission decision. Harry Winters, 201 Spring Street, Richard Aragon, Dick Fox, 127 Humboldt Street, and Mrs. June Blackburn, spoke in favor of the denial, and felt the area should be retained as residential. This was the fourth rezoning action on this piece of property. In rebuttal, Mr. Boyd Lang cited the 1966 General Plan and was advised that the area was never rezoned in accordance with that plan because of the opposition of the residents. Acting Mayor Miskimen declared the public hearing closed. Motion by Councilman Jensen, second by Councilman Mulryan, to deny the appeal and sustain the action of the Planning Commission. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen. NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: PUBLIC HEARING - AMENDMENT TO ZONING ORDINANCE WITH REGARD TO APPEALS AND ZONING ORDINANCE AMEND- MENTS - FILE 10-3 City Planner Herbert G. Hotchner reported, stating that the staff report as submitted to the Council has attached a draft of the proposed ordinance as it was sent to the Planning Commission as well as the draft as changed by the Planning Commission by their Resolution No. 8-73. He pointed out the differences in the two proposals, and recommended adoption of the ordinance drafted by the City Attorney allowing con- tinuance from time to time with the requirement that a decision be rendered at the close of the hearing rather than the Planning Commission recommendation of 180 days limitation, because of possible necessary delays with Environmental Impact Reports. Motion by Councilman Jensen, second by Councilman Mulryan, that the ordinance as drafted by the City At- torney be passed to print. An ordinance of the City of San Rafael amending Sections 14.92.050(c) and 14.84.040(d) of Title 14 of the Municipal Code of the City of San Rafael as the same relates to appeals to the City Council, and number- ing Charter Ordinance No. 1113, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: INTRODUCTION OF ADMINISTRATIVE INTERNS - FILE 7-5 City Manager William J. Bielser introduced Patty Gaffney and Bob Selmi who have been hired to assist in the City Manager's office for the summer. RE: ORDINANCE 1110 AMENDING TITLE 3 PERTAINING TO PROPERTY DEVELOPMENT EXCISE TAX - FILE 9-10-2 Final adoption of Ordinance No. 1110 was continued to the meeting of August 6, 1973, to allow time for re- publishing. RE: FINAL ADOPTION - ORDINANCE 1111 AMENDING TITLE 5 RELATING TO PARKING MET ERS - (2ND & LOOTENS) - FILE 12-14 CHARTER ORDINANCE NO. 1111 - An ordinance of the City of San Rafael amending Title 5, Traffic Regulations, Chapter 5.60, Parking Meters, by adding to and deleting therefrom certain areas of parking, and Section 5.60.068, entitled ''Ten 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: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: FINAL ADOPTION - ORDINANCE 1111 RECLASSIFYING CERTAIN REAL PROPERTY (NORTHGATE EAST) FROM P -C to P -C - CII C 111-? CHARTER ORDINANCE NO. 1112 - An ordinance amending the boundaries of districts in accordance with Section 14.92.010 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from P -C (Planned Community) District to a P -C (Planned Community) District, and numbering Charter Ordinance No. 1112, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: RESOLUTION REGARDING RELEASE OF PUMP STATION SITE - FILE 2-1-5 At the request of the City Attorney, for continuance to the meeting of August 6, 1973, motion was made by Councilman Mulryan and seconded by Councilman Jensen that this item be continued to August 6. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: REQUEST FOR FUNDS - SURVIVAL, INC. - FILE 13-14 City -Attorney Fred Robbins, Jr. requested, and was granted by Council, continuance to August 6, 1973, for further review by the staff. RE: FIRST AMERICAN TITLE COMPANY REQUEST REGARDING VIADUCT PARKING LOTS - FILE 12-14 This item was withdrawn from the agenda by the applicant's attorney, William G. Corrigan, in a letter dated July 16, 1973, stating the creation of five-hour parking zones on Netherton Street by a recently adopted ordinance would eliminate their parking problem by prohibiting commuter parking in those parking zones. RE: AWARD OF BID FOR STRUCTURAL REPAIRS TO CARNEGIE WING OF THE SAN RAFAEL PUBLIC LIBRARY - FILE 12-8 x 4-3-5-4"x 4-1-204 City Librarian Vivian Smith presented the Library Board's recommendation that the award be to M & H Con- struction whose bid of $20,857 is the loest of the three received. RESOLUTION NO. 4529 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH M & H CONSTRUC- TION FOR STRUCTURAL REPAIRS TO THE CARNEGIE WING OF THE SAN RAFAEL PUBLIC LIBRARY. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini 459 Motion by Councilman Jensen, second by Councilman Mulryan, to appropriate $20,857 from Library funds for strucutural repairs to the Carnegie Wing of the San Rafael Public Library. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: AWARD OF CONTRACT FOR PUBLICATION OF LEGAL NOTICES - 1973-74 - FILE 4-2-100 City Attorney Fred Robbins, Jr. reported that the low bid from the Marin County Court Reporter was not recommended for acceptance because of the very limited circulation ---only to Attorneys. He, therefore, recommended award be jointly to the Independent Journal and Marin Suburban Newspapers, Inc., who submitted identical bids. RESOLUTION NO. 4530 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH INDEPENDENT JOURNAL FOR PUBLICATION OF LEGAL NOTICES 1973-74. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RESOLUTION NO. 4531 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH MARIN SUBURBAN NEWSPAPERS, INC. FOR PUBLICATION OF LEGAL NOTICES 1973-74• AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: ANIMAL CONTROL ORDINANCE - FILE 13-3 Assistant to the City Manager Raymond L. Meador reported on the proposed ordinance amending the present Animal Control Ordinance, suggested by the Humane Society, and advised that one full-time man will be assigned to the City of San Rafael by the Humane Society to work with the Police Department in enforcing the ordinance. Acting Mayor Miskimen asked if anyone in the audience wished to speak on this item. Sharon Fox and Mr. Dell'Are felt that dog owners who do control their dogs should not be penalized by having to use a leash at all times. Gabrielle Richey, Dick Wheeling and James J. Maloney spoke in favor of strict enforcement of the proposed ordinance. Jean Starkweather and Tom Roberts spoke regarding the amendment to "one" signature and were assured that this was to instigate investigation action only, re- lating to a nuisance animal. Council discussion revealed the concensus that the ordinance should read on one rather than on two or more occasions in the section entitled, "Vicious or Biting Animals." They also felt an enforceable ordinance should be adopted making it illegal for an owner to allow a dog to defecate on the property of others. Motion by Councilman Jensen, second by Councilman Mulryan, that the ordinance be passed to print and the staff be instructed to draft the change and bring to the next meeting. An ordinance of the City of San Rafael amending Title 6, Animals, Chapter 6.10 Animal Control, by adding certain sections thereof and adding additional provisions, and numbering Charter Ordinance No. 1114, was read, introduced and ordered passed to print by the following vote, to wit: AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: JOINT POWERS AGREEMENT - SENIOR CITIZENS - FILE 123 x 4-13-32 City Manager William J. Bielser reported on the proposed agreement whereby a contribution of $12,000 from the County and $8,000 from the City would be spent to finance the Marin Senior Coordinating Council's Senior Citizens' program. RESOLUTION NO. 4532 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT - JOINT POWERS AGREEMENT -SENIOR CITIZENS. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: EXTENSION OF TIME FOR COMPLETION OF PROJECT - "FIFTH AND 'D' STREET PARKING LOT," PROJECT NO. 9333-73.168 - FILE 4-1-201 Director of Public Works Norris M. Rawles recommended that the date of July 13 be extended to July 20, 1973• RESOLUTION NO. 4533 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - FIFTH AND "D" STREET PARKING LOT - PROJECT NO. 9333-73.168• AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: EXTENSION OF TIME FOR COMPLETION OF PROJECT - "CONSTRUCTION OF TENNIS COURTS - FREITAS PARK PROJECT VALLECITO SCHOOL SITE)" PROJECT NO. 9111-73.150 - FILE 4-1-200 RESOLUTION NO. 4534 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (TO JULY 20, 1973) - TENNIS COURTS-FREITAS PARK PROJECT - PROJECT NO. 9111-73.150• AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RF! RFPnRT nN GnI_DFN GATE RRIDGF DISTRICT TRANSIT FACILITY - FILE 112.2 City Manager William J. Bielser reported that an EIR has not been received on the Golden Gate Bridge Dis- trict Transit Facility, Phases 1 and 11, a portion of which is now under construction. City Attorney Fred Robbins, Jr. related the Bridge District's position that an Environmental Impact Report or Negative Declaration is not required for Phase 1 (storage and maintenance facility) because the award of contract was prior to the adoption of the EIR regulations. He also advised that the District has filed a Negative Declaration on Phase 11 (office building and other facilities) with the County Clerk; however, no copy has been transmitted to the City. After Council discussion, the Mayor was directed to write a letter of protest to the Bridge District and the City Attorney was directed to research as to the City's rights regarding Phase 1 and report at next Council meeting. Motion by Councilman Mulryan, second by Councilman Jensen, that plans for Phase 11 be referred to the Planning Commission for review and a recommendation to the Council. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini RE: EAST SAN RAFAEL, CANAL STREET/KERNER BOULEVARD PARK - FILE 12-5 x 12-10 City Manager William J. Bielser reported that the City's offer, pursuant to Council instructions to ne- gotiate for the acquisition of 1.56 acres at Canal Street and Kerner Boulevard, was rejected by McKeon Construction Company who reiterated the offer of $35,000 along with certain conditions. There was Council discussion relative to the turfing of the area for a park and an option to purchase. Motion by Councilman Mulryan, second by Councilman Jensen, to authorize the Mayor to enter into an option agreement with McKeon Construction Company for the purchase of the property at canal Street and Kerner Boulevard at $35,000, with the conditions outlined. RESOLUTION NO. 4535 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH MCKEON CONSTRUCTION COMPANY. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini Motion by Councilman Jensen, second by Councilman Mulryan, to adopt a resolution to authorize the staff to apply to the Corps of Engineers for a fill permit. RESOLUTION NO. 4536 - RESOLUTION AUTHORIZING APPLICATION TO THE CORPS OF ENGINEERS FOR A FILL PERMIT. AYES: Councilmen: Jensen, Mulryan and Acting Mayor Miskimen NOES: Councilmen: None ABSENT: Councilmen: Nixon and Mayor Bettini The City Council adjourned in memory of Mrs. Anna Smith who was the widow of the first elected City Clerk of the City of San Rafael. The Council reconvened, to act as the Redevelopment Agency. Vice Chairman Jensen presided. RE: APPROVAL OF MINUTES Motion by Member Miskimen, second by Member Mulryan, and carried, to approve the minutes of the meeting of July 2, 1973, as mailed to each member. RE: REPORT ON REDEVELOPMENT MATTERS - FILE 140 Mr. Steven Goldfarb reported on discussions with the Marin Community College District relative to the agreement which the Agency authorized pending dismissal of all suits, a subsequent meeting with Mr. Gallardo, the only person who has not withdrawn his lawsuit, and advised that he had asked Mr. Gallardo to appear before the Council. Mr. Joaquin Gallardo, 202 Auburn Street, said that he represented residents of Lomita Park (an unincor- porated County area), City residents who might be forced to relocate, and minority groups. His concerns related to relocation of people living in certain areas, property depreciation in Lomita Park should low income housing be developed in that area, development of recreational areas for teenagers, bi-lingual ed- ucation in the schools, child daycare centers, and greater opportunity for minority persons in civil service appointments, etc. Mr. Gallardo was advised that the Agency has had discussions with the Ecumenical Association for Housing, who will be making a proposal for joint Ecumenical Association/Redevelopment Agency moderate cost housing somewhere in the redevelopment area as soon as all lawsuits are removed. Also, since Lomita Park is under County jurisdiction, the City has no authority as to what will be built in the area. It was streesed that redevelopment will tend to increase assessed valuation and, in turn, taxes derived by the School Districts; and will aid in obtaining better educational programs as well as recreational facilities. The Council also pointed out to Mr. Gallardo that he and other residents might be interested in membership in a planned Citizens Advisory Committee on Redevelopment. 461 Mr. Steven Goldfarb advised that the trial date for the lawsuit is August 15, 1973 and recommended that the City settle with the Marin College District, leaving only one action pending. Vice Chairman Jensen asked Mr. Gallardo if he wished to speak as to his views relating to the suit, and Mr. Gallardo advised that he wished to discuss it with other parties and would come back as soon as possible with an answer. Motion by Member Mulryan, second by Member Miskimen, that the Executive Director be authorized to sign the agreement with the Marin Community College District. AYES: Members: Miskimen, Mulryan and Vice Chairman Jensen NOES: Members: None ABSENT: Members: Nixon and Chairman Bettini The Redevelopment Agency Adjourned. MARION A. GRADY, City Clerk Approved this �%� day of at-( . 1973. 01 ACTING MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, August 6, 1973 at 7:30 o'clock p.m. Special Meeting: RE: REDEVELOPMENT - FILE 140 Present: John A. Miskimen, Acting Mayor Fred E. Jensen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Lawrence E. Mulryan, Councilman The Council met in executive session to discuss pending litigation. Attorney Steven Goldfarb reported on the status and advised if the matter is not resolved that the one remaining suit will go to trial on August 22, 1973• MARION A. GRADY, City Clerk Approved this c> COr�- day of 1973 - Z106 YOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 6, 1973, at 8:00 O'Clock P.M. Regular Meeting: Present: John A. Miskimen, Acting Mayor Fred E. Jensen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Lawrence E. Mulryan, Councilman RE: DISCUSSION OF PENDING LITIGATION INVOLVED WITH REDEVELOPMENT AGENCY - FILE 140 City Attorney Fred Robbins, Jr. reported that no Council action was taken at the preceding Executive Session; however, Mr. Steven Goldfarb, Attorney for the Agency, had briefed the Council on the progress relating to the litigation and advised that, if not resolved, the matter will be going to trial on August 22, 1973. RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Nixon, and carried, to approve the recommended action of the following consent calendar items: Item Recommended Action Approval of Minutes of the Regular Meeting of July 16, 1973. Claim Against the City - Pacific Telephone and Telegraph, Claimant - FILE 3-1-58. Claim Against the City - Anita and Sandy Masonek, Claimants - FILE 3-1-60. Approve. Deny and refer to Contractor or his insurance carrier. Deny and refer to City's insurance carrier. RE: PUBLIC HEARING - TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - FILE 6-26 The public hearing for determining public convenience and necessity, which was opened and continued at the meeting of July 16, 1973, was again continued to August 20, 1973, since four votes are required for action and only three Councilmen were present. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP 616 LINDARO STREET - FILE 10-5 -41) RECREATIONAL TRAILER STORAGE A staff report was given by Senior Planner Stan Ott relating to the appeal by Mr. Richard Lee, Director of the Picnic Valley Neighborhood Association of the Planning Commission approval by a vote of 6-0, subject to conditions (a) through (h). Mr. Ott referred to three corrections to the conditions furnished to Council; i.e., deletion of the words, "which must be relocated to the southwest corner of the storage area so as not to disrupt the back out space of any stall," from condition (a), change of "three" street trees to "six" street trees in condition (b) and condition (f) to be amended to read in full, "(f) Fence design detail shall be presented and approved by Planning Director." Acting Mayor Miskimen opened the public hearing and asked for appellant speakers. Mr. Richard Lee represented the Picnic Valley Neighborhood Association and requested that the City Council deny the use, contending that the temporary use would most likely become permanent and would be in conflict with the long range goals for the area. The President of the Greater Picnic Valley Neighborhood Association also spoke against the granting of the use permit on Lindaro Street. Mr. Oliver Lillie, applicant, said that he had had trucks at the Lindaro Street location for 25 years, he wished to sell the truck operation and asked favorable consideration of the recreational trailer storage use. Acting Mayor Miskimen declared the public hearing closed. Council discussion included areas where present zoning might allow the storage of recreational vehicles, with and without a use permit; the 18 -month time period and the assumption that the permit is for a transitional interim use; and the possibility that the 18 -month approval would create a situation where the Council would have no recourse but to re -extend the use. Motion by Councilman Jensen that the appeal be denied and the action of the Planning Commission sustained, second by Acting Mayor Miskimen. AYES: Councilman Jensen and Acting Mayor Miskimen. NOES: Councilman Nixon. ABSENT: Councilman Mulryan and Mayor Bettini. Acting Mayor Miskimen asked that, because of the increase in recreational vehicles, the staff pursue the establishment of a zone for recreational vehicle parks. RE: EAST SAN RAFAEL, CANAL STREET PARK - FILE 11-5 x 12-10 Mr. Bob Schoen, a San Rafael resident, expressed appreciation on behalf of himself and other residents of the Canal area for Council action in negotiating the option to acquire the 1.56 acres at Canal Street and Kerner Boulevard for a park. He was advised that it might be helpful if interested persons would write to the U.S. Corps of Engineers urging approval of the City's application for a fill permit. RE: FINAL ADOPTION - ORDINANCE 1110, ADDING CHAPTER 3.26, ENTITLED PROPERTY DEVELOPMENT EXCISE TAX - FILE 9-10.2 Mr. Herman Deitch, 2044 Fourth Street, asked to speak on this item, conveyed his belief that this ordinance would tend to draw revenue away from San Rafael and urged that more consideration be given to including this excise tax in property taxes. 6 ;j Mr. Dick Fox spoke in favor of the ordinance, citing a study which he felt proved that Cities who derive more revenue from sales tax than property tax are those Cities who are more environmentally conscious. Motion by Councilman Jensen, second by Councilman Nixon, to adopt Ordinance No. 1110. Acting Mayor Miskimen advised that, although he had voted against passage of this ordinance, he had assurance that Councilman Mulryan was in favor of adoption and rather than delay the adoption he would vote in favor since a majority of the Council was required. CHARTER ORDINANCE NO. 1110 - An ordinance of the City of San Rafael amending Title 3, Finance and Taxation, by adding thereto Chapter 3.26, entitled Property Development Excise Tax, and numbering Charter Ordinance No. 1110, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: FINAL ADOPTION - ORDINANCE 1113 - AMENDING TITLE 14 OF THE MUNICIPAL CODE AS IT RELATES TO APPEALS TO THE CITY COUNCIL - FILE 10-3 CHARTER ORDINANCE NO. 1113 - An ordinance of the City of San Rafael amending Sections 14.92.050 (c) and 14.84.040(d) of Title 14 of the Municipal Code of the City of San Rafael as the same relates to appeals to the City Council, and numbering Charter Ordinance No. 1113, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: FINAL ADOPTION - ORDINANCE 1114 - AMENDING TITLE 6, ANIMALS, CHAPTER 6.10, ANIMAL CONTROL - FILE 13-3 Acting Mayor Miskimen asked if anyone wished to speak regarding this item, and speakers in favor of the ordinance were Mrs. Claude Vasilieff, Dr. Melvin Fox, and Mr. Walter Smith. Mr. Robert Talley expressed uncertainty that the change to one person rather than the three presently required to make a complaint is justified and it was explained that such a complaint would be the basis for investigative action. CHARTER ORDINANCE 1114 - An ordinance of the City of San Rafael amending Title 6, Animals, Chapter 6.10, Animal Control, by adding certain sections thereof and adding additional provisions, and numbering Charter Ordinance 1114, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: REQUEST FOR FUNDS - SURVIVAL, INC. - FILE 13 -)y - City Attorney Fred Robbins, Jr. explained the proposed agreement with Survival, Inc. and waiver of condi- tions with Marin Sanitary Service that were prepared at Council direction. After discussion, the Council continued the item to August 20, 1973 and directed the staff to find out if Survival, Inc. is a profit or non-profit corporation. RE: REPORT ON MEETING WITH GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT REGARDING MAINTENANCE FACILITY - FILE Il2.2Xq g_10 A report from City Attorney Fred Robbins, Jr. relating to the status of the Maintenance Facility and the question of EIR submittal by the District, a memorandum from Senior Planner J. Stanley Ott outlining the Planning Commission action, and a letter from the President of the Board of Directors of the Golden Gate Bridge District proposing a committee consisting of members from the District Board of Directors and the San Rafael City Council were submitted. Councilmen Nixon and Miskimen were appointed to serve on the joint committee. RE: ANIMAL CONTROL ORDINANCE FOR ANIMAL LITTER - FILE 13-3 Eloise Mayes spoke in favor of the proposed ordinance. An ordinance of the City of San Rafael amending Title 6, Chapter 6.10, by adding thereto Section 6.10.184, and numbering Charter Ordinance No. 1115, was read, introduced and ordered passed to print, by the follow- ing vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: MINOR CLERICAL AMENDMENTS TO PREVIOUSLY PASSED ORDINANCE - FILE 11-9 x 11-8 An ordinance of the City of San Rafael correcting typographical errors in Ordinance No. 1107, and numbering Charter Ordinance No. 1116, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: AWARD OF CONTRACT FOR RESURFACING OF VARIOUS STREETS - 1973 - PROJECT 9311-73.171 - FILE 4-1.205 Motion by Councilman Jensen, second by Councilman Nixon, that contract be awarded to the lowest bidder, Ghilotti Bros., Inc. RESOLUTION NO. 4537 - RESOLUTION OF AWARD OF CONTRACT - RESURFACING OF VARIOUS STREETS - 1973 - PROJECT NO. 931 1-73. 171 (GH I LOTT 13,P-05.. , I NC. ) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor 5ettini. Because of the possibility of an assessment district being formed, Councilman Nixon suggested that the staff advise the President of the Homeowners Association of the scheduled overlay on Mountain View from Grand to Sienna Way to get their reaction. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - LAND ACQUISITION FOR STREET RIGHT OF WAY AND UTILITY EASEMENTS - FILE -22 Director of Public Works Rawles advised that the proposed actions relating to Parcel "C" within Assess- ment No. 17 are standard proceedings and money is available in the Assessment funds. RESOLUTION NO. 4538 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Right of Way, Pole Line and Public Utility Easements - Parcel C within Assessment No. 17) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None, ABSENT: Councilmen: Mulryan and Mayor Bettini. RESOLUTION NO. 4539 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Right of Way Contract and Escrow Instructions - Parcel C within Assessment No. 17) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. KIOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENT NO. 16 - FILE 6-22 After a staff report from Director of Public Works Norris M. Rawles, the Council took the following actions: RESOLUTION NO. 4540 - RESOLUTION DIRECTING PROJECT ENGINEER TO PREPARE AND FILE AN AMENDED ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (Assessment No. 16) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. NOTICE OF ORDER TO FILE AMENDED ASSESSMENT WAS FILED. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENT NO. 17 - FILE 6-22 RESOLUTION NO. 4541 - RESOLUTION DIRECTING PROJECT ENGINEER TO PREPARE AND FILE AN AMENDED ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (Assessment No. 17) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. NOTICE OF ORDER TO FILE AMENDED ASSESSMENT WAS FILED. RE: PROPOSED EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - REQUEST TO ENTER INTO AGREEMENT FOR SOILS ENGINEERING - FILE 6-29 This item was continued for at least two weeks at the request of staff. RE: PROPOSED STREET NAME CHANGES - EAST SAN RAFAEL AREA (ANDERSEN DRIVE) - FILE 11-2 Senior Planner Ott referred to the written report containing the Planning Commission recommendation that the new street, from Simms Street northwesterly to Jacoby Street, be named "Andersen Drive" and the northerly segment of Jacoby from the right angle junctive to Francisco Boulevard be renamed Francisco Boulevard West, and a detailed map furnished to the Council. Mr. Herman Deitch said that he represented Ghilotti Brothers, Inc. in asking that the name of "Industrial Drive" be considered for the new street. The item was continued two weeks for further review. RE: QUARRY ROAD COMMUNICATION - FILE 100 x 13—'l City Manager William J. Bielser referred to the communication received from Mrs. Crawford in reference to the quarrying operation at the end of Quarry Road in San Rafael and minutes from 1958 when this matter was previously before the Council. He advised that, although the contractor contends the yearly average is approximately one load per day, there are times when 40 loads per day are hauled. Director of Public Works Norris M. Rawles advised that the Quarry was 150+ feet from the Mountain Park Reservation at the closest point. He reviewed the background relating to the operation, advising that it exists as a legally non -conforming use since it was in operation before the present zoning ordinance prohibiting such use was enacted and that if they have the right to operate the quarry they have the right to use the street for hauling. Senior Planner Stanley J. Ott described the authority under which the "Red Rock Quarry" is now operating. Mr. Dick Fox said that possibly the code section covering excavation permits would be applicable. After discussion and the City Attorney's opinion that the only recourse is through legal action; i.e., for the Counsel to declare that the quarry is a public nuisance and if the property owner refused to abate the nuisance to instruct the City Attorney to take it to court, the item was continued to the meeting of August 20, 1973 and the staff directed to meet with the property owner and contractor. RE: PROPOSED AMENDMENT TO PERS CONTRACT RELATING TO ALLOWANCES FOR RETIRED PERSONS - FILE 7-1.23 x 7-9 An ordinance of the City Council of the City of San Rafael authorizing an amendment to the contract between the City Council of the City of San Rafael and the Board of Administration of the California Public Employees' Retirement System (relating to a 5% increase to retired employees), and numbering Charter Ordinance 1117, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RF• ArRFFMFNT WITH MARIN CnIINTY FnR HFAITH AND SANITARY INSPECTION SERVICES - FILE 4-13.25 x 9-3.19 RESOLUTION NO. 4542 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the County of Marin) AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. RE: DATES OF CITY COUNCIL MEETINGS - FIRST REGULAR MEETING IN SEPTEMBER AND STUDY SESSION - FILE 9-1.1 The date for the study session in September was continued to August 20, 1973 for scheduling. Motion was made by Councilman Jensen, seconded by Councilman Nixon, that the first regular meeting in September be held Tuesday, September 4, 1973. Motion carried by the affirmative vote of the three members present. RE: COUNCIL RATIFICATION OF CITY MANAGER'S LETTER TO MARIN COUNTY HISTORICAL SOCIETY - FILE 9-3.66 RESOLUTION NO. 4543 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RATIFYING THE CITY MANAGER'S LETTER OF JULY 18, 1973 TO THE MARIN COUNTY HISTORICAL SOCIETY. AYES: Councilmen: Jensen, Nixon and Acting Mayor Miskimen. NOES: Councilmen: None. ABSENT: Councilmen: Mulryan and Mayor Bettini. NON -AGENDA ITEM - MEETING WITH ECUMENICAL SOCIETY REGARDING LOW COST HOUSING - FILE 13-16 The staff was directed to set up a meeting with the Ecumenical Association for Housing to discuss the question of how the two organizations can coordinate activities to achieve improvement in low and moderate income housing within the City's sphere of influence. The City Council adjourned in memory of John Thomas Goodale, a former City employee. MARION A. GRADY, City Clerk Approved this day of � 1973. fACTVNG MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, August 20, 1973, at 7:30 O'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: REDEVELOPMENT - FILE 140 The Council met in executive session to discuss pending litigation. Agency Attorney Steven Goldfarb gave a status report on the one remaining suit scheduled for trial August 22, 1973• MARION A. GRADY, City Clerk Approved this ��� day of I, 1973 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 20, 1973, at 8:00 O'clock P.M. Regular Meeting: RE: REDEVELOPMENT - FILE 140 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Mr. Steven Goldfarb gave a detailed report of negotiations with Joaquin Gallardo who is pursuing his action against the City, advising that, after appearance before Superior Court last week, all that remains in the court action scheduled for next Wednesday is whether the Agency had sufficient informa- tion at the public hearing to declare the area blighted and thereby declare redevelopment necessary in the San Rafael area. It was reported that the Legal Aid Society is representing Mr. Gallardo; however, in the event he loses the case, the court has ruled that he be responsible for court costs. Executive Director William J. Bielser reported that the staff met with the Ecumenical Association and recommended formation of a committee to consist of two members from each legislative body. Agency Members Nixon and Mulryan were appointed as representatives to the Committee. The Redevelopment Agency adjourned and Mayor Bettini declared the City Council in session. RE: APPROVAL OF MINUTES Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to approve the minutes of the regular and special meetings of August 6, 1973, as mailed. RE: PUBLIC HEARING - TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - FILE 6-26 Mayor Bettini opened the public hearing to determine public convenience and necessity of the acquisi- tions to be made. Mr. Ness was present to represent the Assessment District. There were no protests, either written or verbal, and Mayor Bettini declared the public hearing closed. The following actions were taken by the Council: RESOLUTION NO. 4544 - Resolution Finding and Determining that the Public Convenience and Necessity Require the Acquisitions to be Made. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4545 - Resolution of Intention in the Matter of the Acquisitions in Terra Linda Valley (Oak Hill) Open Space Assessment District. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4546 - Resolution Directing Filing of the Boundary Map with the County Recorder of Marin County. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - (GPC73-20) PLANNED COMMUNITY, NORTHEAST CORNER SMITH RANCH ROAD AND U.S. HIGHWAY 101 - FILE 10-5 Mayor Bettini declared the public hearing open. City Planner Hotchner presented the staff report and minute excerpts from the Planning Commission meeting of June 26, 1973 concerning GPC73-20, approved by the Commission by a 5-1 vote, and appealed to the City Council by Mr. Bruce Leeb, President of the Mont -Marin Homeowners Association. Since the Planning Commission approval was in opposition to the staff recommendation of denial, Mr. Hotchner referred to Commissioner Dougan for a report. Commissioner Dougan stated that his motion for approval was based on the belief that the proposed project conforms to the present General Plan and is the only conceivable use that could be anticipated in the new General Plan. He also cited unemployment in the County which he felt would be lessened by this development. City Planner Hotchner displayed maps of the original and current proposals with overlays showing several developments proposed to the staff and delayed pending approval of the new General Plan. He reviewed the Water District's regulations that do not require any City approvals before issuance of a refundable permit for service on existing water mains for applications prior to August 28, 1973• The staff recommendation for denial was due to the belief that this proposal does not differ greatly from other proposals and that no action should be taken prior to completion of the General Plan. Mayor Bettini asked for speakers in favor of the appeal. Mr. Bruce Leeb, appellant, read his letter of appeal, excerpts from the Mayor's letter regarding the General Plan Conflict, and comments made at the City Council meeting of June 18, 1973 when the General Plan Consultant, Warren Jones, stated that he was not in a position to make a judgment on any particular piece of property. He asked that the City Council reverse the decision of the Planning Commission, contending the development cannot be properly evaluated without a General Plan. Mr. Ron Marinoff represented the Lucas Valley Homeowners Association and said that although he lived outside The City limits of San Rafael he was in the Sphere of Influence and included in the master plan. He men- �Ione d the traffic problem and opposed this type of "tentative" approval in the absence of a master plan. Mr. Dick Blank, Terra Linda Valley Homeowners Association Board Member, said that he wished to go on record as supporting the concerns expressed by Mr. Leeb and Mr. Marinoff. Mrs. Mary Conte, member of the Citizens Advisory Committee, asked that the Council wait to grant approvals until the Committee has a chance to finish and present a proposal for the future planning of San Rafael. Mayor Bettini asked for speakers representing the applicant. Mr. Al Bianchi, Attorney for SGA (applicant and property owner), reviewed the background of the application, originally filed for 189 acres and presently proposed for 40.3 acres of which 18 acres (45%) will be open space. He asked that the appeal be denied, allowing them the possibility of meeting the October 31, 1974 deadline for completion set by the Water District, for the following reasons: (1) The residential uses have been removed from the proposal, and there is little question of the desirability of this type use; (2) They are only asking for the opportunity to submit data to be considered concurrently with the General Plan; (3) The proposed development is unique in that it has existing permits from the Water District, does not require grading or fill, no trees or hills would be disturbed, and it is not adjacent to the Canal or San Francisco Bay; (4) The proposed use qualifies under the existing General Plan; and (5) It would provide jobs without increasing population and increase the tax base for the County of Marin. Mr. Carlos Gonzalez contended that no similarity exists between his project and others in the vicinity. He said he had met with the Division of Highways and presented a traffic plan that he believed would help the traffic situation by diverting some of the traffic through Smith Ranch Road and Paul Drive (which he agreed to extend). Mr. Ely Caillouette, Jr., City Engineer, stated that the proposed traffic plan, in his opinion would be a slight improvement. He recommended a traffic study be made by an independent traffic engineering firm. In rebuttal, Mr. Bruce Leeb objected to the solution offered by Mr. Gonzalez relating to the traffic problem, and noted that because of the October 31, 1973 deadline, if this application were approved the applicant would be presenting plans for final approval before the General Plan is complete. Mr. Harry Winters questioned the tax benefits referred to when considered along with additional costs to the City for police and fire protection, etc. Mr. Jerry Russom objected to approval before completion of the new planning guidelines. Mr. Carlos Gonzales, in rebuttal, defended his traffic plan and assured the Council that if the GPC were approved, he would not take for granted that the Use Permits and other applications would also be approved. Mayor Bettini closed the public hearing. Council discussion included whether there is an element of doubt as to conformance with the new General Plan, time limits for finalizing development plans in order to meet the Water District deadline, the time table for firming up of the General Plan, whether this project is "unique" and the ultimate best use of the land, and the traffic problems involved. Motion by Councilman Mulryan to uphold the appeal and reverse the Planning Commission approval, second by Councilman Nixon. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon. NOES: COUNCILMEN: Jensen and Mayor Bettini. ABSENT: COUNCILMEN: None. RE: REQUEST FOR CHANGE OF STREET ADDRESS - FILE 11-2 Marion Morales, 25 Villa Avenue, asked to address the Council with the request that, since her house faces Grand rather than Villa, the street address be changed. She was advised to contact the City Manager for a solution to the problem. RE: FINAL ADOPTION - ORDINANCE NO. 1115 - ANIMAL LITTER, NUISANCE - FILE 13-3 The final adoption of Ordinance No. 1115 was continued to September 4, 1973, due to an error in publication by the newspaper. RE: FINAL ADOPTION - ORDINANCE NO. 1116 - CORRECTING ERRORS IN ORDINANCE 1107 - FILE 11-9 x 11-8 CHARTER ORDINANCE NO. 1116 - An ordinance of the City of San Rafael correcting typographical errors in Ordinance No. 1107, and numbering Charter Ordinance No. 1116, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: FINAL ADOPTION - ORDINANCE NO. 1117 - AMENDING CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIRE- MENT SYSTEM - FILE 7-1.2 x 7-9 CHARTER ORDINANCE NO. 1117 - An ordinance of the City Council of the City of San Rafael authorizing an amendment to the contract between the City Council of the City of San Rafael and the Board of Administra- tion of the California Public Employees' Retirement System, and numbering Charter Ordinance No. 1117, 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. 6 IL) t RE: REQUEST FOR FUNDS - SURVIVAL, INC. - FILE 13-14 x 4-2-32 x 4-3-53 City Attorney Fred Robbins, Jr. referred to Mr. Holgar Peters of Survival, Inc. who advised that they had access to some of the equipment of Marin Environmental Coop, a profit-making organization; however, Survival, Inc. is a Non -Profit Corporation. RESOLUTION NO. 4547 - A Resolution Authorizing the Signing of a Lease or Agreement (with Survival, Inc. in relation to recycling services in the amount of $1500.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4548 - A Resolution Authorizing the Signing of a Lease or Agreement (Waiver of Conditions relating to recycling with Marin Sanitary Service) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: COUNCIL STUDY SESSION FOR DISCUSSION OF POLICY ISSUES IN 1973/74 BUDGET MESSAGE - FILE 9-1-1 The Council set September 24, 1973, at 8:00 P.M., as the date for a special meeting of the City Council to discuss policy issues in the 1973/74 budget message. RE: REPORT ON MEETING WITH GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT - FILE 112-2 Councilman Miskimen reported on the meeting of the Joint Committee, at which time September 17, 1973 was set as the date for a meeting with the District. Neither the District nor the Council Committee members knew at that time that a Notice of Intention (to avoid filing an EIR) was filed by the Bridge District on August 14. City Attorney Robbins advised that the Bridge District Board of Directors has informally agreed to extend, by stipulation and waiver to the Council, the 30 -day protest period during which the City may file an appeal to and including September 24, 1973. The Council then set the public hearing with the Golden Gate Bridge District for 8:00 P.M., September 17, 1973. RE: CAMPAIGN SPENDING ORDINANCE - FILE 1-2 x 9-4 Mr. William Connor, 83A Clark Street, presented some ideas as to campaign reform. The item was carried over to the meeting of September 4, 1973, at the request of Councilman Miskimen, who volunteered to meet with Mr. Connor and draft a more simple ordinance. RE: REPORT ON SAN RAFAEL CANAL CITIZENS' COMMITTEE - FILE 12-10 A written and verbal report was presented by Robert D. Selmi, Administrative Intern, in response to Council request. It was noted that the Chamber of Commerce has been studying the Canal area for a number of months, that in Redevelopment there will be money for improvements, and the City's cooperation is required. The staff recommendation was to establish a committee of approximately 25 persons to be divided into subcommittees for various projects. At the request of Mr. Eugene Sweeney, representing the Chamber of Commerce, the item was continued to September 17, 1973, with the Chamber of Commerce to present a report to the Council. RE: QUARRY ROAD - FORBES QUARRY - FILE 100 A written and verbal report was submitted by Public Works Director Rawles, along with letters from Mr. Charles M. Grandi, the property owner, regarding the legal non -conforming use. City Attorney Robbins again reported that the City's only recourse is through legal action on a nuisance basis. He said that a possible solution, one to which Mr. Grandi appears agreeable, might be to place the quarry in an open space reserve, thereby reducing his taxes considerably. Mr. John Collette, 25 Quarry Road, said that the destruction of personal property is involved since Quarry Road is privately maintained and the heavy truck traffic breaks down the road. He was agreeable to the proposed scenic easement solution. Mr. Lawrence A. Cowen, 87 Forbes Avenue, contended that the City has a right to control a non -conforming use by the limitation of that non -conforming use. He also believed an ordinance should be adopted estab- lishing weight limitations on Forbes Avenue. Mr. Crawford, 209 "H" Street, presented photographs of the quarry, and said there is a slide potential, the site is totally unmarked as to the safety hazards, and felt it is the duty of the City to protect the citizens from such hazards. After Council discussion, this item was continued to the next meeting and the City Attorney was directed to bring back the full details for the scenic easement, City responsibility and extent of control over non- conforming use, as well as start preparations for abatement proceedings in the event a solution is not reached. This item was later continued to the meeting of September 17, 1973, since the City Attorney will be on vacation until after the September 4th meeting. RE: PROPOSED STREET NAME CHANGES - EAST SAN RAFAEL AREA (ANDERSEN DRIVE) - FILE 11-2 City Planner Herbert G. Hotchner reported the results of the Planning Commission hearing on this item which was continued from the August 6, 1973 Council meeting. Councilman Jensen left the Council Chambers. Mr. Herman Deitch represented Ghilotti Brothers in requesting that the portion from Simms Street north- westerly to Jacoby Street be named "Industrial Drive," because they felt that is more appropriate to the area. RESOLUTION NO. 4560 - Resolution Affirming the Recommendation of the Planning Commission of the City of San Rafael in Connection with Street Name of Andersen Drive for New Street in the East San Rafael Area and the middle segment of Jacoby Street; and the renaming of the northly segment of Jacoby Street to Francisco Boulevard West. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Jensen. Councilman Jensen returned to the Council Chambers. RE: CITY -SCHOOL LIAISON COMMITTEE - FILE 9-2-10 City Manager William J. Bielser presented a written and verbal report on a proposed committee of the School Board and City Council to discuss problems of mutual concern and benefit. The Council concurred that such a committee should be formed, and Mayor Bettini and Councilman Miskimen were appointed to represent the Council. A representative from the School Board advised that they endorsed the idea. RE: PURCHASE OF LIBRARY PROPERTY - FILE 2-7-1 x 9-3-61 City Manager Bielser and Library Board Chairman Mayer spoke regarding the proposal of the Library Board of Trustees that the City Council negotiate for the purchase of 2-1/4 acres from St. Isabella's parish in Terra Linda for use as the site of the Terra Linda Branch of the San Rafael Public Library. After Council discussion, the staff was authorized to communicate with the property owners regarding a 30 to 90 day option to hold the property. The Council will set a policy as to conditions of any purchase at the meeting on September 24, 1973 for discussion of policy issues in the 1973/74 budget message. RE: PROPOSED EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - REQUEST TO ENTER INTO AGREEMENT FOR SOILS ENGINEERING - FILE 6-29 Public Works Director Rawles reported, recommending adoption of resolution authorizing the Engineer of Work to sign the agreement with the stipulation that money comes from proceeds of the sale of bonds. RESOLUTION NO. 4549 - 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. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENTS NOS. 16A AND 29 - FILE -22 RESOLUTION NO. 4559 - Resolution Directing Project Engineer to Prepare and File an Amended Assessment, East San Rafael Drainage Assessment District No. 1, City of San Rafael, Marin County, California. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. NOTICE OF ORDER TO FILE AMENDED ASSESSMENT WAS FILED. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - LAND ACQUISITION FOR STREET RIGHTS OF WAY AND UTILITY EASEMENTS. FILE 6-22 The following actions were taken by Council: RESOLUTION NO. 4551 - Resolution Accepting Conveyance of Real Property (From Mario and Dino Ghilotti within Assessment No. 17, Parcel A) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4550 - Resolution Authorizing the Signing of a Lease or Agreement (Right of Way Contract and Escrow Instructions -Mario and Dino Ghilotti) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4552 - Resolution Accepting Conveyance of Real Property (From Mario and Dino Ghilotti within Assessment No. 18) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4553 - Resolution Authorizing Signing of a Lease or Agreement (Right of Way Contract and Escrow Instructions -Mario and Dino Ghilotti) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4554 - Resolution Accepting Conveyance of Real Property (From Fairview Lands, Inc. within Assessment No. 19) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. b: RESOLUTION NO. 4555 - Resolution Authorizing Signing of a Lease or Agreement (Right of Way Contract and Escrow Instructions -Fairview Lands, Inc.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: AMENDMENT TO TITLE 8 OF THE MUNICIPAL CODE - MASSAGE PARLOR ORDINANCE - FILE 13-8 Deputy Chief Stephenson recommended the amendment of Section 8.34.020(F), "Recognized School;" and the deletion of "surname" from Section 8.34.190. An ordinance of the City of San Rafael amending Title 8, Chapter 8.34, by amending Section 8.34.020, Subsection F, Experience Required, and Section 8.34.190, Identification Name Plate, and numbering Charter Ordinance 1118, 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 BURGLARY PREVENTION PROGRAM - FILE 9-3-30 Assistant City Manager Meador reported on the proposal for a Burglary Prevention Plan with a key objective to education of San Rafael families and businessmen as to what they may do to secure their homes and places of business against burglary. The staff was directed to present a report to Council at the meeting of October 2, 1973, after scheduled development of a booklet for distribution to all San Rafael citizens. Motion by Councilman Nixon, second by Councilman Jensen, to endorse the proposed burglary prevention plan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: SETTING OF 1973-74 TAX RATE - FILE 9-12-1 City Manager William J. Bielser reported the staff recommendation of $ .99 for the tax rate of the City with the exception of the former Terra Linda Community Services District, which is recommended a rate of $ .94. Motion by Councilman Mulryan, second by Councilman Nixon that the tax rate be set at $ .99, as recommended by staff. RESOLUTION NO. 4556 - Resolution Fixing the Rate of Taxes for Fiscal Year 1973-74 (City of San Rafael except the TERRA LINDA ANNEXATION area) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: Jensen. ABSENT: COUNCILMEN: None. RESOLUTION NO. 4557 - Resolution Fixing the Rate of Taxes for Fiscal Year 1973-74 (Terra Linda Annexation area) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: RECOMMENDATION OF THE TRAFFIC COMMITTEE - FAIRHILLS DRIVE - FILE 9-2-8 Director of Public Works Norris M. Rawles advised that the Traffic Committee recommendation that "mini" buses be provided by the School District had been agreed to by the School District. Also, "SLOW" and "CHILDREN WALKING" signs will be installed as a safety measure, and the residents have agreed that, if sidewalks are put in, an Assessment District would be formed. RE: REPORT ON OPEN SPACE LEGISLATION - FILE 13-14-1 City Manager Bielser reported that the League of Cities has requested support of Assembly Bill 920 which would levy a 1% state tax on the transfer of real property. Motion by Councilman Mulryan, second by Councilman Miskimen, that the City Council go on record as endorsing Assembly Bill 920. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon. NOES: COUNCILMEN: Jensen and Mayor Bettini. ABSENT: COUNCILMEN: None. City Manager Bielser recommended that the City Council oppose Assembly Bill 2610 which would require that whenever the fair market value of real property decreases due to a change in the zoning classification, the city or county responsible for the zoning change must pay the amount of the decrease in value to the property owner. Motion by Councilman Nixon, second by Councilman Miskimen, that the City Council go on record as opposing Assembly Bill 2610. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: BOYD MUSEUM ARCHITECTURAL SERVICES - FILE 9-3-66 City Manager Bielser presented the staff report, recommending that the Council call for proposals from architectural firms for the restoration of the Boyd Museum House. Motion by Councilman Nixon, second by Councilman Miskimen, to accept the staff recommendation and call for proposals, at no expense to the City, from architects as to what might be done. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: RESOLUTION OF CONSENT TO ANNEXATION PROCEEDINGS - COUNTRY CLUB AREA - FILE 5-2-6o RESOLUTION NO. 4558 - A Resolution of the City Council of the City of San Rafael Consenting to the Commencement of Proceedings for the Annexation of Certain Inhabited Territory Desig- nated as ''Country Club Annexation.'' AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. Motion by Councilman Miskimen, second by Councilman Jensen, to direct the Planning Commission to commence proceedings concerning pre -zoning of the Country Club Annexation area, as required under the LAFCO Resolution. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: REQUEST FROM TELE-VUE SYSTEMS, INC. NOT TO INSTALL FACILITIES - BAHIA DE RAFAEL INDUSTRIAL PARK - FILE 5-1-21 x 9 -7 - Motion by Councilman Jensen to approve staff recommendation to not require present installation of Tele-Vue facilities, other than street crossings and subject to installing facilities when demand for service is made by one individual, second by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. RE: REQUEST FOR PLACING OF ONE -FOOT NON -ACCESS STRIP - END OF GREENWOOD AVENUE - FILE 11-19 Motion by Councilman Miskimen, second by Councilman Nixon to approve the staff recommendation that a one foot non -access strip be placed across the end of the road right-of-way on Greenwood Avenue. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. NON -AGENDA ITEM - REQUEST REGARDING CLOSING OF ''OLD'' LUCAS VALLEY ROAD TO THROUGH TRAFFIC - FILE 14-4r City Manager William J. Bielser informed the Council of a request from Mont Marin Homeowners Association for support of their request to Marin County that ''Old'' Lucas Valley Road be closed to through traffic and be maintained for pedestrian traffic, bicycles, etc. Motion by Councilman Miskimen, second by Councilman Nixon to support this request. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. NON -AGENDA ITEM - NON-RESIDENT PARTICIPATION - FILE 1-4-2 The Council established the policy of allowing non-residents of San Rafael to speak on agenda items at the discretion of the Mayor. NON -AGENDA ITEM - PROPOSED MARIN COUNTY AGENCY ON ZONING - FILE 10-1 City Planner Hotchner was directed to attend the meeting of the Marin County Board of Supervisors on August 21, 1973, to listen to the proposal by Supervisor Giacomini for a County Agency to rule on all zoning matters in Marin County and convey the City's objection. Council adjourned. of MARION A. GRADY, City Clerk APPROVED THIS DAY OF 973• MAYOR OF THE CITY OF SAN RAFAEL 4 1 e, In Room 201 of the City of San Rafael, Tuesday, September 4, 1973, at 7:30 o'clock P.M. Special Meeting: RE: PERSONNEL - FILE 7-5 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman The Council met in executive session to discuss the hiring of personnel for two positions. MARION A. GRADY, City Clerk APPROVED THIS fly DAY OF ��. 19 %3 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, September 4, 1973, at 8:00 o'clock P.M. Regular Meeting: RE: PERSONNEL - FILE 7-5 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman City Attorney Fred Robbins, Jr. reported on the previous executive session to discuss hiring of two posi- tions. He said that no action was taken and the items were continued for further action. RE: APPROVAL OF MINUTES Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the minutes of the regular and special meetings of August 20, 1973, as mailed. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - UP72-9, ADDITION OF CHRISTIAN EDUCATIONAL CHILD CENTER, ASSEMBLY OF GOD CHURCH, 1675 GRAND AVENUE - FILE 10-5 Mayor Bettini opened the public hearing for the appeal by Mr. and Mrs. Frank O'Callaghan, and called on Mr. Hotchner for a staff report. City Planner Herbert G. Hotchner reported that the Council had been furnished with copies of the complete staff report and minutes of the Planning Commission, reflecting a 6-0 vote for approval subject to five conditions. The Planning Commission approval was based on the fact the use is a church related function. Mrs. Mary O'Callaghan, an appellant, presented a petition containing 41 signatures opposing the addition of the child care facility, because (1) This is a commercial venture; (2) It would be a violation of the Zoning Ordinance; (3) It would cause an increase in traffic problems on Grand Avenue; and (4) It would not be compatible with the established character of this R-1 district. Also speaking in opposition to the use were Mr. Frank O'Callaghan, 3 Grand Court, Mr. A. M. Donnan, 1 Grand Court, Mr. Glen Humphrey, 1664 Grand Avenue, and Mr. Howard Levenson, President of the Black Canyon Neighborhood Association. Speaking against the appeal and in favor of the use was Joan Davis, 310 Olive Street, Novato, who hoped to be the Director of the proposed nursery school. She stated that it will be non-profit rather than a commercial venture, the traffic should not be a problem since the Church has a large parking lot, that it will definitely be an educational facility with all the staff having training in child development, and it would fill a need for religious oriented education for young children. Mr. Ashdown, a member of the Church Board, contended that the use is a church related activity and should be authorized under the existing use permit. Ms. Cheryl Noel, 318 Prospect Drive, as a remedial therapist stressed the need for this type of training. Mayor Bettini closed the public hearing. Council discussion included the background of public hearings at the time the Church facility, tennis courts and a dancing school were approved in the area, with the understanding that any proposed changes would be severly scrutinized. It was noted that under the present use permit the facility could operate specified hours three days a week if limited to church members only. Motion by Councilman Jensen, second by Councilman Nixon, that the appeal be upheld and the Planning Com- mission approval revoked. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REZONING - Z73-9 - 1701-1709 GRAND AVENUE, FROM "U" TO "R-2" - P. J. TARRANT - FILE 10-3 Mayor Bettini opened the public hearing. City Planner Hotchner reported that the written staff report and recommendation that the ordinance be passed to print had been presented to Council and Resolution No. 9-73 of the Planning Commission reflected its recommendation of rezoning by a vote of 7-0. There were no speakers either for or against the rezoning. Mayor Bettini declared the public hearing closed. Mr. Hotchner, at Council request, displayed the detailed plan as submitted by the applicant. An ordinance of the City of San Rafa6l amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from "U" (Unclassified) District to R-2 (Duplex Residential) District, and numbering Charter Ordinance No. 1119, 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: ZONING TEXT AMENDMENT - Z73-10 - TO TITLE 14 PERTAINING TO MULTIPLE OCCUPANCY FOR SINGLE FAMILY RESIDENTIAL UNITS - FILE 10-3 Mayor Bettini opened the public hearing and, for the benefit of persons in the audience, gave a brief background of complaints received by the City in the last few years. City Planner Herbert G. Hotchner presented a verbal staff report, and said there is a question of whether persons who reside in single-family zoning areas have a right to expect that a single-family house does not become a multi -family structure. He stateed that the recommended ordinance provides for filing of an application for use permit if the circumstances are unique. The Council had received a memorandum from the Assistant to the City Manager, a memorandum from the Senior Planner, all letters received concerning this hearing, planning staff report and minutes of the Planning Commission hearing, and a copy of the pro- posed ordinance. It was the staff opinion the problems could not be solved by enforcement of present laws. Mr. Hotchner pointed out that complaints have been received from many areas where number of residents, noise, traffic, etc. exceeds the normal for a single-family residential district. Mrs. Ella Mae Minneman, representing the League of Women Voters, asked that the ordinance be rejected in the belief that the existing health and safety codes are adequate and the enactment of the proposed ordi- nance would result in destruction of many older homes. Mr. Bill Luft, Chairman of the American Civil Liberties Union, opposed the proposed ordinance, expressing a primary concern with civil tiberties issues involved. Mr. Bosco, Executive Director of the Marin County Human Rights Commission, spoke as a private citizen in opposition. Ernest Gray, Chairman of the Human Rights Commission said that at a public hearing the Commission had recommended that the City of San Rafael reject the proposed ordinance and that other cities having similar ordinances rescind them. Ken Frankel, 260 Tiburon Blvd., part owner of property at 16 Culloden Park which houses the ashram group, cited other ordinances that would apply to multiple use of single family dwellings and be sufficient for enforcement of any safety hazards. He contended that all problems could be solved either with present ordinances or enactment of ordinances aimed at the specific problems such as health and fire restrictions, limiting number of cars, etc. Mr. Jonathan Lewis, President of Marin Alternative, opposed the ordinance as discriminatory and said the issue is how to protect R-1 property rights without interfering in the pri- vate lives of citizens. Mr. John Mahoney, Attorney, also opposed and felt a solution could be reached by attacking the parking problems with a parking ordinance. Mr. Fred Hurvich, 710 "C" Street, Attorney for the American Civil Liberties Union, said the proposed ordinance would violate the right of privacy and cited various related court cases, raising the question of constitutionality. Mr. Robert Zwieg, Attorney representing the residents of 16 Culloden Park as well as the owner of the property, opposed the proposed ordinance and contended that there are present laws to cover all problems. The President of the Associated Students of the College of Marin said they had passed a resolution in opposition to the pro- posed ordinance. Cliff Singh Lamoureau, Director of the organization at 16 Culloden Park, urged the City Council to vote against the proposed ordinance which would prohibit the life style that is necessary to the practice of religion at the ashram and which is an alternative to the drug culture. He, as well as another member of the group, felt that they are an asset to the community and will do all in their power to alleviate the problems to their neighbors. Dr. Arthur Ablin, 43 Culloden Park, said that while he respected the rights of his neighbors living in the ashram there have been some problems. He suggested that perhaps a meeting could be scheduled with resident s of the area, someone from the ashram, from the American Civil Liberties Union, and from the City staff. Mrs. Sauter, 35 Culloden Park, said the proposed ordinance is badly needed and that the R-1 environment is not compatible with 25 or 30 adults and children living in a single-family home and generating excessive traffic. Mr. Howard Levenson of the Black Canyon Homeowners Association said that he had been directed to speak in favor of the proposed ordinance; however, he felt there are other problems that have not been brought to the attention of the City Council and there should be more time devoted before an ordinance is passed. Reverend Sam Walberg, Pastor of the Marin Evangelical Free Church, felt that the ordinance as proposed would be very restrictive and harmful, creating additional problems to the City of San Rafael. he sug- gested a permit procedure or limiting the number of persons per square foot of living space as alternatives. Motion by Councilman Nixon, second by Councilman Mulryan, to continue the public hearing with the under- standing that the people from the ashram house, Dr. Ablin and the ACLU people get together to discuss their problem and, secondly, that the ACLU Attorney will meeting with our staff to discuss alterative ordinances. Discussion by the Council and staff resulted in amendment of the motion to consolidate the meeting with the neighborhood representative (Dr. Ablin agreed to represent the residents), a representative from ashram, Attorneys, and the City staff. Amended Motion by Councilman Nixon, second by Councilman Mulryan, to continue the public hearing to October 1, 1973, and direct the staff to meet with the representative from the ashram group, Dr. Ablin or other representative of the neighborhood, and with Attorney Robert Zweig, with the objective of defining the problems of Culloden Park and any other areas, past and present, and arrive at a solution. The staff is to bring back to the Council a solution agreeable to all parties, if possible; otherwise, their position and the staff position. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1115 - AMENDING TITLE 6, SECTION 6.10.184, ANIMAL LITTER, NUISANCE - FILE 13-3 CHARTER ORDINANCE NO. 1115 - An ordinance of the City of San Rafael amending Title 6, Chapter 6.10, by adding thereto Section 6.10.184, was passed and adopted as an ordinance of the City of San Rafael by the following vote to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1118 - AMENDING CHAPTER 8.34 RELATING TO MASSAGE SERVICES - FILE 13-8 CHARTER ORDINANCE NO. 1118 - An ordinance of the City of San Rafael amending Title 8, Chapter 8.34, by amending Section 8.34.020, Subsection F, Experience Required, and Section 8.34.190, Identification Name Plate, 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 - NEW ONE-WAY STREET SYSTEM - FILE 11-14 A written report concerning the one-way street system recently implemented on A,B, C and D streets was accepted by the Council with the comment that the report answered all questions and the system seems to be working properly. RE: DISCUSSION OF CAMPAIGN SPENDING ORDINANCE - FILE 1-2 x 9-4 This item was continued for two weeks to the meeting of September 17, 1973, RE: AWARD OF CONTRACT - SLURRY SEAL RESURFACING, 1973 - PROJECT NO. 9311-73.173 " ILE 4-1-206 RESOLUTION NO. 4561 - RESOLUTION OF AWARD OF CONTRACT (to Valley Slurry Seal Company in the amount of $15,186.50) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF DEVELOPMENT ALONG LINCOLN AVENUE - FILE 10-2 This item was continued for two weeks to the meeting of September 17, 1973, due to the lateness of the hour. RE: RECREATION CENTER SITE SELECTION - FILE 12-15 x 9-3-65 After a report of possible locations available for a recreation center and City Manager Bielser's recom- mendation of the Albert Park area as the best site, the City Council endorsed the staff recommendation and directed the staff to bring back a report from the Parks and Recreation Commission as to how much land is needed and available parcels. RE: AUTHORIZATION, OR IMMEDIATE DISPATCH OF AIRCRAFT FOR FIRE SUPPRESSION ROM COUNTY OF MARIN - FILE 13-5 x 9-3-31 Fire Chief Marcucci presented a written and verbal report, recommendation that the Council request the Board of Supervisors to recommend to their Chief that aircraft requested by the San Rafael Fire Chief be immediately authorized and dispatched. He advised that the City must accept liability for the costs in- curred. Motion by Councilman Nixon to adopt the staff recommendation as outlined in the memorandum from Fire Chief Marcucci dated August 27, 1973; Second by Councilman Jensen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF CENTENNIAL CELEBRATION - FILE 104 Council discussion resulted in agreement that the City participate to some extent in the Centennial, that date should be set for September or October, the Council go on record to request the Chamber of Commerce to act as agent for publicity and public information, and Mayor Bettini and Councilman Miskimen will prepare a list of people who migh serve on a committee. Councilman Miskimen was appointed to attend and dcall the initial meeting. RE; CONVERSION OF EXISTING APARTMENTS TO CONDOMINIUMS -�FIILE 10-2 The City Council received a verbal and written report from City Planner Hotchner regarding the Planning Commission recommendation that a moratorium be established on the conversion of existing apartments to condominiums. Motion by Councilman Jensen, second by Councilman Mulryan, to direct the City Attorney to prepare an ordi- nance for the next meeting. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AWARD OF CONTRACT - FILLING OF CITY PROPERTY - KERNER BOULEVARD/CANAL STREET - PROJECT NO. 73.174 - FILE -1-207 Motion by Councilman Jensen, second by Councilman Mulryan, that a resolution be adopted awarding a contract Til for filling of the East San Rafael park to the low bidder, Fanfa-Mulloy, Inc., at $8,000 less than the Engineer's estimate. RESOLUTION NO. 4562 - RESOLUTION OF AWARD OF CONTRACT (to Fanfa-Mulloy, Inc. in the amount of $10,310.50) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PLANNING COMMISSION REPRESENTATION - FILE 9-2-6 Councilman Nixon raised the question of whether the planning staff should represent the Planning Commis- sion or the staff opinion when the Planning Commission decision differs from the planning staff recom- mendation and has been appealed to the City Council. Councilman Nixon said that he wanted the integrity of the staff to be maintained because they are the technical advisors to the Mayor and City Council. He asked that the planning staff be directed to present the staff position to the Council regardless of the Planning Commission recommendation. He added that the staff gives the Council the minutes of the Commission meetings and he felt that Commission members were free to come to the Council meetings and make any further explanation they wanted if they felt that their position needed further explanation. Motion by Councilman Miskimen, second by Councilman Nixon, that City Planner Hotchner be directed to represent the staff before the City Council and, if the Planning Commission wants to send one of its members to the meeting, the Council will be happy to hear the Commissioner. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: IRWIN STREET LANDSCAPING - FILE 11-1 In answer to Mayor Bettini's request for information as to the status of the Irwin Street landscaping project, City Manager Bielser reported that this project is under the control of the State Drivision of Highways and has been delayed because of funding difficulties at the State level. It is now scheduled to go to bid in the fall of 1973. Council adjourned to 8:00 p.m., Monday, September 17, 1973• MARION A. GRADY, City Clerk APPROVED THIS�� DAY OF /m 6 -_ 19 %_3 . MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City of San Rafael, Monday, September 17, 1973, at 7:30 O'Clock P.M. Special Meeting: RE: BOARD OF REVIEW - FILE 9-2-12 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilmam Council met to interview Mr. Barsamian and Mr. Milani for appointment to vacancy on the Board of Review. MARION A. GRADY, City Clerk APPROVED THIS/J/ DAY OF OC4le'-_ 1.9 73 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, September 17, 1973, at 8:00 O'Clock P.M. Regular Meeting: RE: APPOINTMENT TO BOARD OF REVIEW - FILE 9-2-12 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman City Attorney Fred Robbins, Jr. reported that applicants for the Board of Review were interviewed at the 7:30 P.M. Executive Session. Motion by Councilman Mulryan, Second by Councilman Miskimen, that Armon Barsamian be appointed to the Board of Review for a term expiring June 30, 1979, to replace Howard Levenson. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONSENT CALENDAR Motion by Councilman Nixon, second by Councilman Mulryan, and carried unanimously, to approve the recom- menddd action of the following consent calendar items: Item Recommended Action Approval of minutes of the Regular and Approve. Special Meetings of September 4, 1973. Contract Change Order No. 12 - South Approve. San Pedro Road- Phase IV FILE 4-13-14 PUBLIC HEARING - PRESENTATION BY GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT - FILE 112-2 Mayor Bettini opened the public hearing. Mr. Dale Leuhring, General Manager, Golden Gate Bridge Highway and Transportation District, assisted by Mr. Wallace, Engineer, and Mr. Cole, Landscape Architect, gave a detailed presentation regarding Phases 1 and 11 of their project. This includes the development of the bus maintenance facility and administra- tion building located on ten acres in San Rafael off Highway 101. Mr. Leuhring assured the Council and staff that the City would receive an EIR prior to the commencement of Phase III scheduled for future development on 15 acres adjacent to Highway 17 on which the Bridge District has a purchase option. Mayor Bettini closed the public hearing. At staff suggestion, Mr. Leuhring agreed to investigate the possibility of including the landscaping on the side where none is shown on the plan, rather than waiting for Phase III development. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - GPC7327 (FOUR -LOT SUBDIVISION, END OF BUTTERNUT DRIVE - FILE 10-5 Mayor Bettini declared the public hearing open. City Planner Hotchner reported that the staff report and Planning Commission minutes have been furnished to the Council. Also, petitions were given to the Council: (1), In favor of the appeal, contained the signatures of seven property owners and (2), In opposition to the appeal, contained the signatures of ten property owners. The letter of appeal contained six signatures of residents of Butternut Drive. Mr. Hotchner presented the staff recommendation that the application be denied and the Planning Commission recom- mendation of approval of a vote of 5-2. Mr. Robert Kenney, 842 Butternut Drive, represented the appellants in urging denial of the application on the grounds that it is piecemeal development and said the Planning Commission has acted hastily in view of the forthcoming General Plan. Mr. Tim Tunney, 837 Butternut Drive, also spoke in favor of the appeal. Mr. Gene Dyer, President of Las Gallinas Sanitary District, referred to his letter to the City Council dated August 10, 1973 and advised that no new allocations are avaialbe from that District until September of 1976. Therefore, he felt the approval might be premature. Mr. Michael Smith, representing the applicant, contended the proposed development is consistent with the neighborhood as to lot size and topography and advised that pedestrian access to the open space will be provided. Mr. Lee Oberkamper advised that the buildable area of the four lots is consistent with a number of other lots in the area, and proper drainage will be provided. He said that annexation proceedings with the Sanitary District have been under way for several months and the applicant wants to be first in line in case sanitary service is available for reallocation. Mr. John Galbraith, 863 Butternut Drive, said he saw no problem with the subdivision development and felt it would have no bearing on the additional 49 acres. Mrs. Jane Frelin, 883 Butternut Drive, asked what development is planned for the balance of the 50 acres and the time plan. Mr. Oberkamper replied that it will remain the the Freitas ownership and nothing is proposed at this time. There was Council discussion regarding the policy of not developing or segregating land on hilltops, whether development should be considered on the total property at one time, the problem of regulating approvals of property (an allocation procedure rather than a ''first-come first-served'' basis and whether sanitary service allocation should be considered by Council),and the merits of the subdivision. x 1'9 Motion to grant the appeal based on the analysis provided by the staff was made by Councilman Mulryan and seconded by Councilman Nixon. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None The City Council adjourned, and reconvened to act as the Redevelopment Agency. RE: REPORT ON REDEVELOPMENT MATTERS - FILE 140 Executive Director William J. Bielser presented a status report and requested authorization to recruit for a Project Manager. There was a question from one developer regarding the definition of water ''con- sumption.'' The Agency instructed the staff to make an official appointment with the Water District Board of Directors and get a clarification of water consumption. Mr. Swanson spoke regarding his understanding that redevelopment matters would be handled by City staff and was advised that was true in the past; however, a full-time person would be required. Motion by Member Jensen, second by Member Miskimen to authorize the Executive Director to advertise for a full-time position of ''Assistant Executive Director'' with the job description as proposed. AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: MEMBERS: None ABSENT: MEMBERS: None A written and verbal report was received from Mr. Dennis Ciocca of Blyth Eastman Dillon & Co., bond finance consultants, regarding a bond and financing program to get wopking capital for the Agency. The Agency approved Mr. Ciocca's recommendation and authorized a bond issue (25 -year bonds) of $1,000,000 for November, 1973, and discussed the possibility of a second issue in the spring or summer of 1974 when the interest rates should be lower. The staff was instructed to notify the County Auditor and the School Districts 60 days prior to any bond issue, as specified in the agreements. The Redevelopment Agency adjourned and reconvened to act as the City Council. RE: REPORT ON QUARRY ROAD - FILE 100 City Attorney Robbins reported that there has been no further quarry activity since this item was last before the City Council and none is expected during the balance of the year. He also advised that the property owner, Mr. Grandi, has expressed willingness to enter into an open space agreement whereby he would receive a reduction in his property taxes which presently run about $900 to $1,000 per year in re- turn for the use of the land as open space. On recommendation by staff, the Council continued the matter for 30 days, to the meeting of October 15, 1973, to allow the property owner's attorney time to review the open space agreement. RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24 Mr. Edwin N. Ness, Assessment District Counsel, presented a new estimate of cost due to changes in the estimated cost of the underground facilities. The following actions were taken by the Council: Engineer's Second Amended Estimate of Cost was filed. RESOLUTION NO. 4567 - RESOLUTION APPROVING SECOND AMENDED ENGINEER'S ESTIMATE OF COST, BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - FILE 6-27 Mr. Edwin N. Ness, Assessment District Counsel, referred to the petition signed by more than 60 percent of the property owners, advised that a portion of the area is in the City of San Anselmo, and received Coun- cil concurrence to the use of 1915 act bonds. The following actions were then taken by the Council: The Petition was filed. The Boundary Map was filed. The Certificate of City Engineer with regatd to the percentage of signatures to the petition was filed. RESOLUTION NO. 4568 - RESOLUTION APPROVING BOUNDARY MAP. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4569 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4570 - RESOLUTION SETTING TIME AND PLACE FOR HEARING FOR DETERMINING PUBLIC CON- VENIENCE AND NECESSITY IN THE RAFAEL RACQUET CLUB ESTATES UTILITY UNDER - GROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4571 - RESOLUTION REQUESTING JURISDICTION OF THE CITY COUNCIL OF THE CITY OF SAN ANSELMO IN CONNECTION WITH THE RAFAEL RACQUET CLUB ESTATES UTILITY UNDER - GROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CROSS MARIN TRAIL AND BICYCLE ROUTE - PRELIMINARY PLAN - FILE 9-3-66 Mr. Pierre Joske, Marin County Director of Parks and Recreation, presented a preliminary plan for the Cross Marin Trail and Bicycle Route, a joint venture betweeen the County of Marin and the Water District, and indicated interest in working with the City in taking this route through San Rafael. He urged the Council to take a position endorsing the plan. When asked by the Council for his comments, City Engineer Caillouette said that he was not in a position to respond at this time since he had not seen the plan. Motion by Councilman Nixon, second by Councilman Mulryan, to table this item for two weeks to allow time for the staff to review the preliminary plan, and that Council not take a position at this time. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM SANTA MARGARITA HOMEOWNERS ASSOCIATION - FILE 6-30 Mr. Walt Jorgenson, President of the Santa Maargarita Homeowners Association, presented a request for immediate assistance in setting up the "Santa Margarita Valley Open Space Assessment District" for the acquisition of open space. He reported that over 80 percent of homeowners are willing to contribute up to $120 per year, and contended there is an element of urgency since a portion of the area is under serious consideration for development at this time. Mrs. Charlotte Schmid, presented a sample form signed by the homeowners indicating their willingness to acquiring the open space. She contended that there is an existing option which creates the urgency in forming an assessment district. Mr. Gene Dyer, speaking as a homeowner, said that while he agreed with the general objectives, he was opposed to the type of action taken by the Association Board. Council discussed the question of urgency in view of the non-availability of sanitary donnections, criteria to be considered in acquiring open space lands, possible County contribution in establishing an assessment district, and scheduling of staff time in drawing up of the boundary map. Motion by Councilman Jensen, second by Councilman Miskimen, to authorize staff to provide services to assist in the formation of the assessment district, said staff time to be regulated by the department head. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1119, AMENDING ZONING MAP TO RECLASSIFY PROPERTY LOCATED AT 1701-1709 GRAND AVENUE, FROM "U" TO "R-2" - FILE 10-3 CHARTER ORDINANCE NO. 1119 - 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 re- classify certain real property from "U" (Unclassified) District to 4-2" (Duplex Residential) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DEVELOPMENT ALONG LINCOLN AVENUE - FILE 10-2 Council discussion regarding the concern expressed by Councilman Nixon with development along Lincoln Avenue resulted in the decision to find out, through the City Manager's office, if the General Plan con- sultants are addressing themselves to the problems in the Lincoln Avenue area. Also, Councilman Nixon could meet with the consultants to express his views during a regular meeting with the planning staff. RE: APPOINTMENT TO CITIZENS COMMITTEE - SAN RAFAEL CANAL - FILE 12-10 This item was continued to the meeting of October 1, 1973, since the Chamber of Commerce representative, Mr. Eugene Sweeney, was unable to make the presentation. He did leave copies of a written report for the Council. `I i H RE: DISCUSSION OF CAMPAIGN SPENDING ORDINANCE - FILE 1-2 x 9-4--7- Council -4-z Council consensus regarding the points listed in Councilman's Miskimen's memorandum dated August 31, 1973, was that (1) the limitation on spending be 25 cents; (2) contribution limitations of $100 for a single individual and 1/3 of the maximum for the candidate be established; (3) total anonymous contributions should not exceed $100; and (4) there should be no cut-off on the collection of contributions, to be fair to non -incumbents. Possible filing of disclosure reports with the City Clerk 20 days and 5 days prior to the election was also discussed, as well as the City Charter provision that the State Elections Law be followed. Councilman Miskimen will work with the staff in preparation of an ordinance to be presented to the Council for approval. RE: MORATORIUM ON CONVERSION OF EXISTING APARTMENTS TO CONDOMINIUMS - ORDINANCE NO. 1120 - FILE 10-2 City Attorney Robbins presented two ordinances for Council review, one establishing a moratorium to apply to existing apartments and one to apply to both existing apartment conversion and new condominiums. He asked for Council clarification of "existing apartment," and recommended that after pouring of a foundation is started, it be considred a conversion. Information ftom the staff revealed that two pend- ing developments are at the stage beyond where they should be required to resubmit applications under Planned Unit Development. After discussion, the following Council actions were taken: RESOLUTION NO. 4563 - RESOLUTION ESTABLISHING WHEN CONSTRUCTION STARTS ON APARTMENTS. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CHARTER ORDINANCE NO. 1120 - An urgency ordinance of the City of San Rafael prohibiting the conversion of existing apartment buildings to condominiums pending the adoption of a Housing Element of the San Rafael General Plan and the amendment of the San Rafael Zoning Ordinance, 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 RESOLUTION NO. 4564 - RESOLUTION EXCEPTING "MARIN YACHT CLUB" AND "SESSIONS RISE" FROM OPERATION OF URGENCY ORDINANCE NO. 1120 SO AS TO NOT REQUIRE A PLANNED UNIT DEVELOP- MENT APPLICATION. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COU14CILMEN: None It was regularly moved and seconded to direct the Planning Commission to hold hearings to extend the four-month moratorium period if needed. RE: AWARD OF BIDS - PURCHASE OF VEHICLES (DUMP TRUCK AND STREET SWEEPER) - FILE 4-2-102; 4-2-103 RESOLUTION NO. 4565 - RESOLUTION AWARDING CONTRACT FOR ONE (1) 1973 MODEL HEAVY DUTY DUMP TRUCK. (to DeLong Chevrolet, Inc. - $5,691.94) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4566 - RESOLUTION AWARDING CONTRACT FOR ONE (1) FOUR WHEEL STREET SWEEPER (to Western Traction Company - $20,266.14) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DETACHMENT OF PROPERTIES OWNED BY RICHARD PARASOL - FILE 5-7-1 RESOLUTION NO. 4572 - RESOLUTION APPROVING DETACHMENT OF PARASOL PROPERTY FROM THE CITY OF SAN RAFAEL. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR LEASE OF CITY PROPERTY - MARIN BAY LINCOLN MERCURY - FILE 2-1-5 After Council discussion pertaining to the request for lease of City property on Francisco Boulevard for a period of five years in exchange for clearing the property, filling and compacting the land, removing the concrete wall and paving and fencing the area, the staff was directed to notify Marin Bay Lincoln Mer- cury that the City Council is not interested in leasing. In addition, the staff is to prepare and present for Council approval a plan for cleaning up and landscaping this property. RE: PROPOSED PUBLIC WORKS DEPARTMENT REORGANIZATION - FILE 9-3-40--A -7— s' Motion by Councilman Nixon, second by Councilman Jensen, to accept the City Manager's report and approve the proposed reorganization consolidating the positions of Director of Public Works and City Engineer in- to the combined position of Director of Public Works/and City Engineer and appoint Mr. Ely Caillouette, Jr., to the combined position. Superintendent of Streets AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4573 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4467 FIXING THE COMPENSATION FOR MISCELLANEOUS, MANAGEMENT AND CONFIDEN- TIAL EMPLOYEES (Public Works Superintendent, Street Maintenance Supervisor and Director of Public Works - City Engineer) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON UNINCORPORATED FIRE PROTECTIO14 AREA - FILE 9-3 x 13-5 City Manager William J. Bielser presented a proposed mutual aid agreement between the City of San Rafael and the County of Marin for unincorporated area fire protection, with the recommendation that the City Council transmit the proposed draft to the County Board of Supervisors for a response. Motion by Councilman Miskimen to transmit the mutual aid agreement to the Marin County Board of Supervisors, second by Councilman Jensen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNC-ILMEN: None RE: PROPOSED AMENDED BUSINESS LICENSE ORDINANCE PROVIDING FOR THE PAYMENT OF FEES FOR MOBILE HOME PARKS - FILE 9-10-2 An ordinance of the City of San Rafael amending Title 10, Businesses, Professions, Occupations, Industries and Trades by amending Section 10.04.050 by the addition thereto of Paragraph (AA), providing for the pay- ment of fees for mobile home parks, and numbering Charter Ordinance No. 1121, 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: AUTHORIZATION TO CONNECT TO ANDERSEN DRIVE - EAST SAN RAFAEL - FILE 11-1 x 6-22 City Engineer Ely Caillouette, Jr. reported on the request to bridge and connect to Andersen Drive in the East San Rafael Drainage Assessment District No. 1 by Clover Dairy Products and Marin Surplus Store. The City Council referred the matter to the Traffic Committee for a report and set a public hearing for 8:00 P.M., October 15, 1973• RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT ''BAHIA DE RAFAEL UNIT TWO" - FILE 5-1-211 RESOLUTION NO. 4574 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (McKeon Construction, to November 19, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - "CECCOTTI TRACT" - FILE 5-1-200 RESOLUTION NO. 4575 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Lee R. Ceccotti, Eva J. Ceccotti and Shamrock Materials, Inc., to September 7, 1974) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO PROJECT AGREEMENT - "EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE A, MAJOR DRAINAGE FACILITIES" - FILE 6-22 RESOLUTION NO. 4576.- RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Pacific Excavators, to October 20, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO PROJECT AGREEMENT - "EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE B, MAJOR STREET IMPROVEMENTS" - FILE 6-22 RESOLUTION NO. 4577 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Ghilotti Bros., Inc., to October 20, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GRANT OF RIGHT-OF-WAY AND INSTALLATION OF IMPROVEMENT WORK - FILE 2-2 This item was held over at the request of the staff. RE: PROPOSED PACIFIC GAS AND ELECTRIC COMPANY RATE INCREASES - FILE 120 Councilman Mulryan raised the question of proposed rate increases by PG&E, and it was suggested that PG&E could be invited to appear before the Council and explain this proposal. RE: RESOLUTION OF PROCLAMATION - TOWN MEETING DAY - FILE 110 RESOLUTION NO. 4578 - RESOLUTION PROCLAIMING SAN RAFAEL TOWN MEETING DAY (October 13, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CITY -OWNED OPEN SPACE - COMPLAINTS - FILE 100 Councilman Nixon reported that he has received complaints of illegal use of motorcycles and firearms in the Black Canyon area. Staff was directed to investigate the complaints as they pertain to all City -owned open space. It was reported that the newly authorized Park Ranger would be employed in the near future. RE: PROPOSED BUILDING INSPECTION REQUIREMENTS UPON SALE OF HOMES - FILE 9-3-32 There was no action taken at this time on the proposal that an ordinance be enacted to require inspection of residences at the time of sale. The Council adjourned to 8:00 p.m., Monday, September 24, 1973• MARION A. GRADY, City Cle m APPROVED TH I S /St DAY OF �C<���� 19 7-3 . MAYOR OF THE CITY OF SAN RAFAEL In Room 301 of the City of San Rafael, Monday, September 24, 1973, at 8:00 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: JOINT MEETING WITH LIBRARY BOARD - FILE 9-3-61 x 2-7-1 x 4-1-204 Mr. James H. Mayer, Chairman of the Library Board of Trustees, reviewed the need for expanding the main branch library facilities as well as developing a branch library in Terra Linda. A motion by Councilman Nixon that the Council indicate approval of the expansion of the present library and building a branch library of a size to be determined, was withdrawn for lack of a second. Questions raised by the Council were operating costs involved, possible overplanning, and the danger of obsolescence before facilities are completed. Motion by Councilman Miskimen that the Council agree in principle to expand the existing library and establish a branch library in Terra Linda, subject to further review and meeting with the Library Board as to costs, etc.; second by Councilman Nixon. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCiLLMEN: None ABSENT: COUNCILMEN: None After discussion regarding purchase of land for a branch library site, staff was directed to look into the availability of Presbyterian Church property and to investigate an option on the St. Isabella's parish property in Terra Linda. Mr. Andrew Ring, Architect for the repairs to the Carnegie Wing of the Library, requested City Council authorization of Change Order No. 1 in the amount of $2,948.53 to M & H Construction Company for replace- ment of 60 roof joists due to dry rot discovered in the roof joist system. Motion by Councilman Mulryan to approve Change Order No. 1, second by Councilman Nixon. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Council adjourned to an executive session with the Planning Commission to discuss hiring the termination of personnel. Council reconvened at 10:20 P.M. RE: POLICY MATTERS IN 1973-74 BUDGET - FILE 9-1 The Council reviewed the 21 items on which policy determination was requested by the staff and the follow- ing action was taken: No action required on Item 1 relating to consideration, approval and implementation of the City's General Plan. Council agreed with staff proposal for a long term master plan for parks to be developed by the Director of Parks and Recreation with a submittal date of approximately January 1, 1974 for the report. Policy relating to Item 3, library expansion, was defined earlier in this meeting. Council heard a report from Councilman Mulryan on the joint meeting with the Ecumenical Housing Committee. The Ecumenical Housing people are preparing a list of specific programs for possible joint participation by the City and the Redeve-opment Agency. City Manager Bielser advised that, although low and moderate income housing is not approved for assistance in the agreement with the County, it is possible to obtain an increase in the $6 -million limit if the City and the County could agree on a project. No action was taken on Item 6 pertaining to improvements to San Rafael Canal, pending a report scheduled for the City Council agenda on October 1, 1973. The Council requested a report from the City Engineer regarding the proposed lock system to prevent flood- ing and indicated that flood control could be included as an item for review by the committee to be formed for Canal improvements. July 1, 1974 was specified as the deadline for transfer of the City sanitary sewer collection line system to the San Rafael Sanitation District. The Council authorized the development of long range capital facilities improvement planning, after the General Plan is adopted. The City Manager was directed to meet with the County Executive Officer in an attempt to work out better intergovernmental relations between the City of San Rafael and the County of Marin. Staff was also directed to send a letter to each of the 2,000 property owners explaining the 71� which will be shown on tax bills in the redevelopment area. Staff was directed to use all means available in acquiring open space. It was also decided to set up a citizen selection committee as soon as the Council has an opportunity to review the General Plan, and a request for interested citizens to serve on the committee will be on the agenda October 15, 1973• Council agreed with the suggestion that the City recommend to the County that they attempt to secure State and Federal assistance in the acquisition of a major portion of the undeveloped San Pedro Penin- sula and shoreline as a publicly held natural preserve, and encourage the County to spend some of the money from the 10� tax levied on San Rafael residents on that project. The Council concurred that City policy should be to help people who want to be annexed to the City of San Rafael but not take agressive action in pursuing annexations, and with the understanding that the staff will bring any unusual situations to the Council's attention. It was the concensus of the Council that policies for redevelopment should be deferred until the full- time Assistant Executive Director is hired. The staff was directed to investigate the adequacy of the present business license ordinance as it per- tains to regulation. The City Attorney was directed to submit a written report of existing regulations coveringthe use of open space property . It was reported that an inventory of all City -owned property is being prepapred. The suggestion was made that rather than the City accepting open space offered by a developer in conjuction with a project, that it be developed and maintained as open space as part of the development. Council discussion of Irem 16 pertaining to parking meters resulted in direction of the staff to deter- mine whether the Redevelopment Agency could be involved in or sponsor any project of free parking that would compete with the parking creating revenue to service the bonds, even though the City is prohibited from doing this. The staff was directed to prepare a report on what the various Commissions' duties consist of as well as input from other cities as to their Commissions and duties, with a view towards streamlining. The Council asked that this item be given high priority. Council requested a report on the proposed duties of a Zoning Administrator before action on the pro- posed institution of a staff zoning administration program. After discussion as to the degree and nature of involvement in Historical Preservation, Council authorized staff to prepare a demolition permit procedure for their review. Mayor Bettini and Councilman Mulryan were appointed as a committee to screen architectural proposals for the Boyd House Restoration Project and select three to present for Council approval. Items 20 and 21 pertaining to the Centennial celebration and Citizen participation required no action. Council adjounred to the regular meeting of October 1, 1973 at 8:00 p.m. MARION A. GRADY, City Clerk APPROVED THIS IIJ // DAY OF ��'�/��, 19%3• MAYOR OF THE CITY"OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 1, 1973, at 8:00 O'Clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Motion by Councilman Jensen, second by Councilman Miskimen to approve the minutes of the Special and Regular meetings of September 17, 1973 as mailed. Motion carried unanimously. RE: ZONING TEXT AMENDMENT (Z73-10) TO TITLE 14 PERTAINING TO MULTIPLE OCCUPANCY FOR SINGLE FAMILY RESIDENTIAL UNITS - FILE 10-3 This item was continued until the meeting of November 5, 1973, at the request of the attorney representing the property owner and residents at 16 Culloden Park, with the public hearing to remain open. RE: APPEAL OF PLANNING COMMISSION DECISION (GPC73-31) FIVE -LOT SUBDIVISION, HILLSIDE AVENUE BETWEEN ROSS VALLEY AND WESTWOOD DRIVES - MEADOWHILL CORPORATION, JAMES W. DERRYBERRY, REPRESENTATIVE. FILE 10-5 Mayor Bettini opened the public hearing on the appeal by Mr. Gerald P. Larson, and asked for a report by staff. City PLanner Hotchner presented the staff report and advised that the Council has copies of the staff re- commendation of denial, the Planning Commission minutes approving the subdivision, and the letter of ap- peal. Mr. Gerald P. Larson, 30 Hillside Avenue, opposed the subdivision on the grounds that he felt it would cause erosion and drainage problems. He asked that the Council uphold his appeal and deny the application pending approval of the new General Plan. Mr. Pat Dillon, 169 Terrace, opposed the development and also represented his neighbors at 167 Terrace, 171 Terrace, 173 Terrace and 138 Hillside. He opposed any new development in the area and felt it should be purchased for open space. Ms. Wilma Billingsley, 206 Ross Valley Drive, opposed the su bdivision because of drainage problems, and expressed concern about the location of a street or access to be constructed. Speakers favoring the Planning Commission approval of the subdivision were Charles West, 205 Spring Grove Avenue, Harry Winters, 201 Spring Grove, Mel Beck, 170 Hillside, and Dick Rodriguez, 10 Clark Street. They felt that the proposed subdivision is a good development, future development would probably not be as good, and cited the large area dedicated as open space. Mr. James Derryberry, applicant, said that his reason for his low-density proposal which donates approxi- mately 2/3 of the land to open space is to accomplish it now. He contended the lots are on the best build- ing sites with a 20% slope and expressed his willingness to cooperate with the neighbors and the staff to eliminate any problems. Moyor Bettini declared the public hearing closed. Council discussion included the Planning staff's opinion that the proposed lot locations were not on the most level land, the assurance that the Engineering Department will require the developer to provide the drainage facility to adequately provide runoff in a manner to not damage adjoining property, and the policy to review each application individually in relation to the GPC ordinance. Motion by Councilman Jensen, second by Councilman Mulryan, to deny the appeal and that the precise loca- tion of the four lots be subject to further review and approval. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REZONING - Z73-12, 115 CLORINDA AVENUE, JOHN & RENA VELCHICH, OWNERS, FROM R-1 TO R-2 DISTRICT - FILE 10-3 Mayor Bettini declared the public hearing open. City Planner Herbert G. Hotchner presented the staff report, stating that the Council has copies of the staff recommendation of denial, the Planning Commission minutes approving the change of zone by a vote of 4 - 2, and a letter opposing the Planning Commission approval together with a petition containing the signatures of 51 residents. Persons speaking in opposition to the Planning Commission decision were Hans Lamm, 158 Greenwood Avenue, Dick Rodriguez, 10 Clark Street, Lewis Foster, 165 Greenwood, and John Strachn, 148 Greenwood Avenue. They felt that the area is historically a single-family neighborhood and asked that the rezoning applica- tion be denied. Mr. Joseph E. Sheeks represented the property owner and contended that the rezoning of the one parcel from R-1 to R-2 is appropriate and would not be detrimental to the neighborhood since the pattern is already established as R-1, R-2 and R-3 zoning. He presented a petition signed by 58 residents of the neighbor- hood who have indicated that they do not object to the R-2 rezoning. Mayor Bettini closed the public hearing. 481 The Council was in agreement with the staff recommendation that the rezoning not be approved until com- pletion of the General Plan. Motion by Councilman Mulryan, second by Councilman Nixon, that Rezoning application Z73-12 be denied. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The City Council adjourned and reconvened to act as the Redevelopment Agency. Executive Director William J. Bielser recommended that the Agency and the Council each adopt resolutions authorizing the repayment of funds advanced to the San Rafael Redevelopment Agency by the City of San Rafael. In paragraph 2, "Pinole" was changed to "San Rafael." RESOLUTION NO. 73-3 - RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO ENTER INTO A LOAN AND REPAYMENT CONTRACT WITH THE CITY OF SAN RAFAEL FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT. AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Chairman Bettini NOES: MEMBERS: None ABSENT: MEMBERS: None Motion by Member Miskimen that the staff be directed to contact the Marin Municipal Water District before January 1, 1974, and indicate that the Agency is interested in acquiring the MMWD property at Second and Grand Streets, San Rafael, second by Member Mulryan. AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Chairman Bettini NOES: MEMBERS: None ABSENT: MEMBERS: None The Redevelopment Agency adjourned and reconvened to act as the City Council. RE: REDEVELOPMENT - FILE 140 RESOLUTION NO. 4579 - BEFORE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA, IN THE MATTER OF A REPAYMENT CONTRACT WITH THE SAN RAFAEL REDEVELOPMENT AGENCY. AYES: COUNCILMAN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1121, AMENDING TITLE 10 BY ADDING PROVISION FOR THE PAYMENT OF FEES FOR MOBILE HOME PARKS - FILE 9-10-2 CHARTER ORDINANCE NO. 1121 - An ordinance of the City of San Rafael amending Title 10, Businesses, Pro- fessions, Occupations, Industries and Trades by Amending Section 10.04.050 by the addition thereto of Paragraph (AA), providing for the payment of fees for mobile home parks 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: SAN RAFAEL CANAL CITIZENS ADVISORY COMMITTEE - FILE 12-10 x 9-2-17 The City Council received a report from Mr. Eugene Sweeney of progress made by the Chamber of Commerce Com- mittee in their review of the Canal area. Council feeling was that the City should become involved and possibly use some of the monies available through redevelopment. It was also decided that a Committee should be established, to include interested members of the Chamber of Commerce Committee, and to call for names of citizens interested in serving on such a committee. RE: CROSS MARIN TRAIL AND BICYCLE ROUTE - FILE 9-3-66 Ely Caillouette, Jr., Acting Chairman of the San Rafael Traffic Advisory Committee, presented a verbal and written report of the Traffic Committee recommendation approving "Route 1" proposed by the Preliminary Master Plan and disapproving "Route 2" through the downtown section of San Rafael as it might create a hazardous condition. The Committee recommended to alternate suggestions to "Route 2." The Council instructed the staff to meet with the County of Marin and suggest that the alternate routes be studied by the consultants as proposed changes in the final routes adopted. RE: GRANTS OF RIGHT-OF-WAY AND INSTALLATION OF ROADWAY IMPROVEMENTS - FILE 2-2 City Engineer Caillouette reviewed the proposals for Partial Roadway Improvements to be constructed at this time and for Future Roadway Improvements for the Northgate East Development. Since the Grant Deed from Scettrini is being held up pending approval, he recommended that the City Council approve the con- cept and not take action until all documents are submitted. Mr. Arthur Nicolaisen said that the only missing document is the Grant Deed which should be received within a few days and asked for Council approval subject to receipt of the deed. Motion by Councilman Mulryan, second by Councilman Jensen, to approve the concept subject to submission of all documents at the next meeting. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BUILDING INSPECTION UPON SALE OF PROPERTY IN THE CITY OF SAN RAFAEL - FILE 9-3-32 City Attorney Robbins reviewed the Government Code Sections 38780 through 38785 covering reports of re- sidential building records upon sale of property, which is a consumer protection service. He advised that, although it provides for penalties against the seller if he does not obtain an inspection report, it does no,t invalidate the sale because of failure to comply. He further advised that all Marin County Cities have adopted such an ordinance with the exception of two. Mr. Ray Noble, resident, formerly of San Francisco, reported that San Francisco has a similar ordinance re- quiring that violations be corrected within a certain time, for protection of adjacent property owners. Motion by Councilman Nixon, second by Councilman Mulryan, that staff be directed to secure additional in- put and that a public hearing on a proposed ordinance be set for November 5, 1973• AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT COUNCILMEN: None RE: ABATEMENT OF PUBLIC NUISANCE: BARKING DOGS AT SAN RAFAEL ANIMAL HOSPITAL, 419 IRWIN STREET - FILE 13-3 City Attorney Fred Robbins, Jr. advised that the San Rafael Animal Hospital was established prior to the Zoning Ordinance, therefore is a legally non -conforming use and not subject to a use permit. Mrs. Janice Naumann, owner of apartments at 129 Woodland Avenue who submitted a letter and petition request- ing that the City Council authorize the City Attorney to file a nuisance complaint, said that the main com- plaint was of the dogs barking on week end mornings and sometimes as early as 6:00 A.M. She read a letter from Mr. Henderson, the former owner, regarding the history of prior complaints. She said that five of her tenants have moved because of the noise and asked that the City Council take action to abate this nuisance. Dr. W. Berner, 29 West Seaview, owner of the Animal Hospital, contended that no animals were let outside before 8:00 A.M. and then only the dogs brought in that morning; the other animals are let out in the run at 9:00 A.M. He also said that on weekends, the animals were out a maximum of two to three hours and never before 9:00 A.M. He presented five letters from neighboring firms and residents stating they had no complaints about noise. After discussion, the item was held over and Council suggested that Mrs. Naumann and Dr. Berner get to- gether and attemp to work things out. RE: AMENDMENT OF SALES AND USE TAX ORDINANCE TO COMPLY WITH STATE REQUIREMENTS - FILE 4-10-11 City Attorney Robbins presented an amended ordinance necessitated by amendments to the Bradley -Burns law made by AB309 and SB90, and requested by the State Board of Equalization along with an agreement for State Administration of local sales and use tax. He said there is little, if any, basic change but the amend- ment is required by the State. An ordinance of the City of San Rafael repealing Chapter 3.18 of Title 3 of the Municipal Code of the City of San Rafael, and reenacting Chapter 3.18 of Title 3, entitled Uniform Local Sales and Use Tax, and number- ing Charter Ordinance No. 1122, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini NOES: COUNCILMEN: Mulryan and Nixon ABSENT: COUNCILMEN: None RESOLUTION NO. 4580 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (For State Administration of Local Sales and Use Tax) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON LANDSCAPING PLAN - CITY PROPERTY OPPOSITE YACHT CLUB - FILE 2-1-5 City Landscape Architect Scott Tilden explained the proposed beach park plan and presented the preliminary landscape plan. The City Council, after noting that the landscaping could be coordinated with the Yacht Club plan, ap- proved the concept proposed, referred it to the Parks and Recreation Commission for consideration, and asked that the item be brought back at the meeting of October 15, 1973• REPORT ON PROPERTY ACQUISITION - COMMUNITY RECREATION CENTER - FILE 2-7.1 x 12-15 City Manager Bielser presented a written and verbal report, recommending that staff be authorized to ne- gotiate for two properties in the Albert Park area. He advised that budgeted funds are available for this purpose. Motion by Councilman Mulryan, second by Councilman Nixon, to authorize staff to negotiate for the acquisi- tion of the Cardellini property and the Cook property at the lowest possible price obtainable, and to re- port back to the Council at the earliest possible time. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 489 RE: REQUEST FOR RELIEF FROM ANNEXATION FEES - GREEN OAKS SUBDIVISION - TERRA LINDA DEVELOPMENT - FILE 5-1-20 Mr. George Scott, Project Manager for the Green Oaks Subdivi,sion, related their problem in obtaining oc- cupancy permits because of a difference in opinion as to the amount of annex ation fees to be paid prior to occupancy. He contended that the $8,000 that has been delivered to the City constitutes full payment and asked Council consideration and approval for issuance of the occupancy permits. Mr. Walter Freitas, representing the Freitas Estate who were the owners of subject property at the time of annexation to the City, reviewed the background of the 1959 agreement and annexation, and insisted that it was not the intent of the agreement that $375 per acre should be paid in addition to $75 per unit. He suggested a meeting with Mr. A. E. Bagshaw, who was City Attorney when the agreement was executed, to establish the interpretation intended when the agreement was drawn. After Council discussion, the matter was carried over two weeks, staff was directed to meet with the for- mer City Attorney to verify what the agreement was meant to say and, in the meantime, hold the $8,000 check and allow an additional 10 occupancy permits pending a solution to the problem. RE: SELECTION OF ARCHITECT - BOYD HOUSE RESTORATION PROJECT - FILE 13-14-2 x 9-3-66 This item was continued two weeks to allow time for the Committee to meet and review all the plans. RE: STATUS OF PRELIMINARY PLANS - SAN RAFAEL LIBRARY EXPANSION - FILE 9-3-61 Mr. Andrew Ring, Architect, displayed plans and gave a detailed report of the proposed expansion which he said is adequate other than parking; however, it would infringe on City Hall property 28 feet and delete the driveway to Fifth Avenue. After a lengthy discussion regarding the problems with the proposed plan and possible alternatives such as tearing down the existing library building and rebuilding, construction of off-site parking, or re- location of the main library, the items was continued for further review of alternative solutions to October 29 for a joint meeting with the Library Board. RE: PROPOSED GENERAL PLAN IMPLEMENTATION SCHEDULE - FILE 11 City Planner Hotchner presented a proposed General Plan Implementation schedule and a preliminary draft by Duncan & Jones. Council denied a request by Mr. Dick Rodriguez, Chairman of the Citizens Advisory Committee, that the preliminary draft be furnished to them since the contract provides only for non -sub- stantive changes from the City staff. On November 5, 1973, the initial General Plan will be made avail- able and the first public hearing will be scheduled for November 12, 1973• Council accepted the proposed schedule. RE: EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11 This item was continued for Council modifications, with Councilman Mulryan and City Attorney Robbins to work out details and report back at the _next meeting. RE: REPORT REGARDING MOTORCYCLES ON OPEN SPACE LANDS -FILE 13-8 City Attorney Robbins presented a report regarding existing regulations prohibiting use of parks and open space land for motorcycles and was directed to prepare an ordinance amendment to be reviewed at the meet- ing of October 15, 1973• RE: PURCHASE OF TAX -DEEDED LAND - FILE 2-15 Public Works Director Rawles presented a list of Tax Deeded Property to be sold at Public Auction in January or February, 1974, and recommended that the City purchase one parcel, A.P. No. 178-152-29, pur- suant to Chapter 8 of the Revenue and Taxation Code. Motion by Councilman Jensen, second by Councilman Mulryan, to purchase tax -deeded property, A.P. No. 178-152-29. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF MOBILE HOME PARK COMMUNICATION - FILE 13-7-1 After discussion of the problem of supervision of mobile home parks and review of the article, ''Tyranny in Mobile -Home Land,'' published in July 1973 Consumer Reports, the matter was referred to the Planning Director and City Attorney for review and recommendation. RE: RESOLUTION OF APPRECIATION UPON RETIREMENT - EUNICE ''INEZ'' OPITZ - FILE 102 RESOLUTION NO. 4583 - RESOLUTION OF APPRECIATION TO EUNICE INEZ OPITZ AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM CITY OF PETALUMA - FILE 10 Council denied the request that the City contribute to the cost of legal fees being incurred by the City of Petaluam in lawsuits challenging the legality of their General Plan. RE: RECOMMENDED PLAN FOR INSTITUTING A STAFF ZONING ADMINISTRATION PROGRAM - FILE 10-1 x 7-4 x 9-2 City Planner Hotchner presented a staff report outlining the proposed zoning administration program to handle minor items and free policy bodies from detailed handling of routine matters. The staff was directed to prepare an ordinance to cover the zoning administration program as outlined in the Planning Director's letter of September 26, 1973, with the exception of subdivision approvals which will be limited to subdivisions containing four or fewer lots and are presently handled at staff level. RE: ANNEXATION OF CITY -OWNED PARCEL OFF WINTERGREEN TERRACE IN TERRA LINDA - FILE 5-2-61 RESOLUTION NO. 4581 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING THE ANNEXATION OF TERRITORY OWNED ENTIRELY BY THE CITY OF SAN RAFAEL TO SAID CITY. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT ''GOLDEN GATE INDUSTRIAL PARK'' - FILE 5-1-213 RESOLUTION NO. 4582 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Golden Development & Management , Inc. to November 5, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FIRE PROTECTION IN UNINCORPORATED ARREAS - FILE 13-5 Councilman Miskimen reported on the meeting with the Board of Supervisors, advising that the proposed mutual aid agreement will be on the agenda October 9, 1973• He said they had expressed hopes of reaching a permanent long-range solution and reiterated the November 1, 1973 cut-off date for City fire protection in unincorporated areas. RE: COMPLAINTS REGARDING CHANGE IN PARKING BEHIND MAYFAIR MARKETS - FILE 11-8 x 12-14 After hearing reports of complaints regarding change in parking limits as well as complaints of commuter all -day parking on City streets while the 4th and Union lot for commuters is not being used, the staff was directed to study the parking. The establishment of the 4th and Union lot as an alternate to viaduct parking at a charge of $5 per month was suggested. RE: STREET REFLECTORS - FILE 11-1 Councilman Jensen noted the County program for installing reflectors down the center of streets and was advised that the City of San Rafael is included in that project. RE: RESOLUTION IN SUPPORT OF THE WATER BOND - FILE 120 Mayor Battini asked the Council feeling on whether they should pass a resolution in support of the Water Bond, and it was scheduled for the agenda of October 15. The Council adjourned to the next regularly scheduled meeting, October 15, 1973, at 8:00 p.m. MARION A. GRADY, City Clerk APPROVED THIS /.Sf'/-DAY OF OcI4,L-E , 1973• MAYOR OF THE CIT OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 15, 1973, at 8:00 o'clock P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman �91 Motion by Councilman Miskimen, second by Councilman Nixon, and carried unanimously, to approve the re- commended action of the following consent calendar items: Item Approval of Minutes - Adjourned Regular Meeting of September 24,1973 and Regular Meeting of October 1, 1973. Claim for Damages - Virginia E. Mace, Claimant. Claim No. 3-1-67 Claim for Personal Injuries - William W. Young, a minor, by Elva 0. Garvin (mother). Claim No. 3-1-68 Contract Change Order No. 13 - South San Pedro Road - Phase IV - FILE 4-13-14 Recommended Action Approve. Deny and refer to Insurance Carrier. Deny and refer to Insurance Carrier. Approve subject to approval of all connections by the District Engineer of the San Rafael Sanitation Dis- trict. RE: PUBLIC HEARING - RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - FILE 6-2 Mayor Bettini opened the public hearing and announced that Bond Counsel has recommended continuing this item until November 5, 1973 since the San Anselmo City Council did not yet grant the required jurisdic- tion to proceed. There was no one from the audience wishing to speak at this meeting. RESOLUTION NO. 4584 - RESOLUTION CONTINUING HEARING, RAFAEL RACQUET CLUB ESTATES UTILITY UNDER - GROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (GPC73-35) - 20 -UNIT CONDOMINIUM TOWN HOUSE DEVELOPMENT. POINT SAN PEDRO ROAD, EAST OF PORTO BELLO - MARIN YACHT CLUB - FILE 10-5 Mayor Bettini opened the public hearing and Council heard a staff report by City Planner Hotchner of the recommendation by the planning staff for denial as well as the Planning Commission denial by a vote of 5-0. The Council has been furnished copies of the planning staff report, Commission minutes and the letter of appeal from the Marin Yacht Club. Mr. Richard Tarrant, representing the applicant and appellant, asked for continuance since they have just learned there is a question as to whether the proposed devel-opment encroaches on the contended location of Allardts Canal. There was no one in the audience objecting to continuance and the item was continued to the meeting of November 5, 1973, when the results of the Canal survey will be available. RE: PUBLIC HEARING - AUTHORIZATION TO CONNECT TO ANDERSEN DRIVE - FILE 6-22 x 11-1 Mayor Bettini opened the public hearing and informed the Council that he had just received a letter of protest from Henry Ghilotti and Elmo Maggiora for the reason that the bridge would create a traffic hazard and that the applicants did not contribute to the Assessment District. City Engineer Ely Caillouette, Jr. presented the Traffic Committee recommendation that the bridge connec- tion be allowed, but that it be a joint driveway with the location to be designated by the Department of Public Works. Burt Capel and Edward Grady, applicants, explained that the request to building a fully engineered bridge over the canal, if allowed, should improve a very bad traffic situation existing on Dodie Street which would benefit a lot of people. They had not been invited to join the Assessment District because their properties had access from Dodie Street. The item was continued to November 5, 1973 and the Engineers of Work instructed to meet with Mr. Capel and Mr. Grady as well as representatives from the Assessment District and attempt to arrive at an equit- able figure for assessing the applicants to connect to Andersen Drive. The City Council adjourned and reconvened to act as the Redevelopment Agency. RE: AUTHORIZATION TO CALL FOR PROPOSALS FOR REDEVELOPMENT MASTER PLAN - FILE 140 A report was presented by Executive Director William J. Bielser in which he advised that $50,000 appro- priated in the 1973-74 budget for the retention of a consultant for the Redevelopment Master Plan will be available at the end of November when the bonds are sold. Agency Members were in agreement that three main areas -- the Courthouse Square, Francisco Boulevard, and East San Rafael --should have first priority. The approximate date of January 1, 1974 was proposed for completion of the selection of a consultant. Motion by Member Nixon, second by Member Miskimen, to authorize a call for proposals for the Redevelop- ment Master Plan. AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Bettini NOES: MEMBERS: None ABSENT: MEMBERS: Mulryan The Redevelopment Agency adjourned and reconvened to act as the City Council. RE: FINAL ADOPTION - ORDINANCE NO. 1122 - AMENDMENT OF UNIFORM LOCAL SALES AND USE TAX - FILE 4-10-11 CHARTER ORDINANCE NO. 1122 - An ordinance of the City of San Rafael repealing Chapter 3.18 of Title 3 of the Municipal Code of the City of San Rafael, and reenacting Chapter 3.18 of Title 3, entitled Uniform Local Sales and Use Tax, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON PURCHASE OF PROPERTY FOR COMMUNITY RECREATION CENTER - FILE 2-7-1 x 12-15 City Manager Bielser presented a written and verbal report, recommending that the Council authorize the purchase of the Cardellini property immediately adjacent to Albert Field for the Community Recreation Center site at a purchase price of $180,000 gross; $169,457 net. Motion by Councilman Miskimen, second by Councilman Jensen to accept the staff proposal as presented. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: STAFF REPORT - QUARRY ROAD QUARRY - FILE 13-14.1 x 4-10-69 City Manager William J. Bielser reported that negotiations with Mr. Charles Grand! have resulted in agree- ment on a 10 -year open space easement agreement, subject to Council confirmation, whereby Mr. Grandi would cease quarry operations in exchange for a tax reduction and a $400 annual payment. The payments would apply to the purchase price to be negotiated at the end of the 10 -year period, should the City desire to exercise an option to purchase the property. Mrs. Edward Campion, 49 Twin Oaks, and Mr.. Paul Wells, 34 Twin Oaks, expressed concern that Quarry Road is being used by the public to connect with Tw,i-n Oaks although it is marked as a dead end street. They were advised that the City has no jurisdiction as it is private property; however, Mr. Grand! has agreed to blocking off all access except pedestrian as part of the agreement. Mr. Crawford remarked about the heavy truck traffic still existing from the Quarry and was advised that the agreement will be effective January 1, 1974, and all such traffic will cease. Motion by Councilman Miskimen, second by Councilman Jensen, to authorize the open space easement agree- ment and payments as presented. RESOLUTION NO. 4585 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Mr. Grandi to place his property in an open space ease- ment and enter into an option to purchase at the end of ten years) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11 This item was continued to November 5, 1973, at the request of Councilman Mulryan, since he had not had an opportunity to meet with the City Attorney on the matter. RE: SELECTION OF ARCHITECT - BOYD MUSEUM HOUSE - FILE 13-14-2 x 9-3-66 This item was continued to November 5, 1973, for selection of three architects by the committee, for sub- mittal to the Council. RE: ORDINANCE NO. 1123 - ORDINANCE RELATING TO MOTORCYCLES ON OPEN SPACE LANDS - FILE 13-8 City Attorney Robbins presented a proposed ordinance as directed by Council at the last meeting, and re- commended a change in the definition of ''Open Space'' which could include any properties under open space easement agreements. Councilman Jensen left the Council Chambers. Motion by Councilman Nixon, second by Councilman Miskimen, that Ordinance No. 1123, amemded in accordance with the staff recommendation, be passed to print. An ordinance of the City of San Rafael amending Title 5, Chapter 5.64, Fire Trails and Hiking Trails by amending said Chapter to include Open Space and Park Lands, and numbering Charter Ordinance No. 1123, was read, introduced and ordered passed to print, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: GRANTS OF RIGHT-OF-WAY AND INSTALLATION OF ROADWAY AND FRONTAGE IMPROVEMENTS - NORTHGATE EAST DEVELOPMENT - FILE 2-2 Since the Grant Deed from Scettrini has still not been submitted, this item was again continued to the Meeting of November 5, 1973• RE: AGREEMENT WITH MARIN COUNTY FOR LIBRARY BOOKMOBILE SERVICES - FILE 4-13-30 x 9-3-61 City Manager Bielser reported, recommending adoption of the joint agreement, and advised that funds are included in the current budget. RESOLUTION NO. 4586 - A RESOLUTION AUTHORIXING THE SIGNING OF A LEASE OR AGREEMENT (with the County of Marin for Library Bookmobile Services) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: OPTION AGREEMENT - ST. ISABELLA'S CATHOLIC CHURCH - FILE 2-7-1 x 2-1-47 Assistant to the City Manager Meador presented a written and verbal report and recommended that the Coun- cil authorize the option agreement for the one year duration at a cost of $10, with the total purchase price, if the option is exercised, not to exceed $49,350. RESOLUTION NO. 4587 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the Roman Catholic Archbishop of San Francisco) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: PLANNING COMMISSION RECOMMENDATION REGARDING FILING OF EIR'S OR NEGATIVE DECLARATIONS - FILE 10-2 City Planner Hotchner reported the recommendation of the Planning Commission that the City Council re- quest the State legislative representatives to secure an amendment to the State law requiring that local jurisdictions, as well as County jurisdictions, be sent all Environmental Impact Reports and Negative Declarations. Councilman Jensen returned to the Council Chambers. Motion by Councilman Nixon, second by Councilman Miskimen, to pursue this action and direct the staff to prepare a letter to the legislators for the signature of the Mayor and Council. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: RESOLUTION ACKNOWLEDGING NOTIFICATION OF INTENT TO CIRCULATE PETITION CONCERNING THE COUNTRY CLUB ANNEXATION - FILE 5-2-60 RESOLUTION NO. 4588 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACKNOWLEDGING THE RECEIPT OF NOTICE OF INTENTION TO CIRCULATE A PETITION FOR THE ANNEXA- TION OF TERRITORY DESIGNATED AS ''COUNTRY CLUB ANNEXATION'' AND AFFIDAVIT OF PUBLICATION THEREOF AND APPROVING THE CIRCULATION OF PETITION. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REQUEST FOR COUNCIL POSITION ON PROPOSITION E - WATER BONDS - FILE 120 During Council discussion it was pointed out that the City will be represented at the Marin County Coun- cil of Mayors and Councilmen when this item is on the agenda; therefore, no action was taken at the City Council meeting. RE: RESOLUTION OF APPRECIATION - CHARLES LINTHICUM - FILE 102 RESOLUTION NO. 4589 - RESOLUTION OF COMMENDATION FOR CHARLES L. LINTHICUM. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON LIBRARY EARTHQUAKE REPAIRS - FILE 4-1-2o4 x 4-3-55 A report by City Manager William J. Bielser was received by the City Council. It was verified that the Contractor is legally liable for any water damage resulting from the structural repairs to the Carnegie wing and the City should collect for the damages. RE: EXTENSION OF TIME TO AGREEMENT - BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24 RESOLUTION NO. 4590 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Bahia de Rafael Industrial Park Assessment District - Silva's Pipeline, Inc., Contractor) Through February 7, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: EXTENSION OF TIME TO PROJECT AGREEMENT - TRAFFIC SIGNAL SYSTEM INSTALLATIONS AND IMPROVEMENTS - PROJECT NO. 9412 AND 9413 - 73.318 - FILE 4-1-197 RESOLUTION NO. 4591 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (L. H. Leonardi Electric Construction Co., Contractor) Through November 28, 1973. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: UNINCORPORATED AREA FIRE PROTECTION - FILE 13-5 Councilman Miskimen, reporting on his attendance at the Board of Supervisors meeting October 11, 1973, said that the Mayor's letter proposing a mutual aid agreement for unincorporated area fire protection was on the agenda and reviewed the letter to the City Council signed by the Chairman of the Board of Supervisors con- cerning their consideration of this item. Motion by Councilman Miskimen, second by Councilman Nixon, that the Mayor be directed to respond to the letter of October 9, 1973 from the Board of Supervisors reiterating our position regarding the November 1 date; i.e., that after November 1, 1973, the City will not provide service to unincorporated County areas until the County Fire Department has arrived with a structutal truck and two men --except we will continue to provide first response service on resuscitator or first aid calls, and advise that the Coun- cil is willing to negotiate further if they have a proposal to make. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: LANDSCAPING PLAN -- PARK, CITY PROPERTY OPPOSITE YACHT CLUB - FILE 2-1-5 After hearing the Parks and Recreation Commission recommendation of approval of the landscaping plan as presented at the last Council meeting, to be coordinated with the Yacht Club plan, and their further recommendation that Council consider adding a restroom facility, the Council members expressed concern as to the advisability of encouraging children because of the proximity of the canal and that the park might be too small for a boat launching facility. Motion by Councilman Nixon, second by Councilman Miskimen, to approve the plan as recommended except for the restroom facility and subject to deletion of the children's playground facilities; and appropriate $13,000 from the Bedroom Tax Fund. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REQUEST FOR LEGAL DEFENSE FINANCIAL SUPPORT - LT. NASH - FILE 920 City Attorney Robbins presented a written and verbal recommendation that the City should not indemnify Detective Lt. Nash for the reasons that he was not an employee of the City when he testified in the criminal trial and the primary responsibility, if any, appears to be that of the County of Marin. Mr. Leonard Shaw, Attorney retained by the Attorney General of the State of Michigan to represent Lt. Nash in connection with the civil action, contended that there was an implied contract of indemnity and asked that the City Council favorably consider sharing with the County in the cost of handling the defense. Council consensus was that they should rely on the judgment of the City Attorney and the Insurance Carrier and, after discussion, the item was continued to November 5, 1973, and the City Attorney was directed to correspond with Insurance Carrier to determine if Lt. Nash would be considered an employee of the City of San Rafael in connection with the voice print identification. RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28 Mr. Edwin Ness, Attorney, represented the Assessment District. The following actions were taken: Engineer's Estimate of Cost was filed. Engineer's Report, Plans and Specifications were filed. Engineer's Statement of Method of Determining Benefit was filed. RESOLUTION NO. 4592 - RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT, SETTING PUBLIC HEARING AND CALLING FOR BIDS, MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Notice of Improvement was filed. Notice Inviting Sealed Bids was filed. RE: APPOINTMENT OF DEPUTY CITY TREASURER - FILE 9-3-15 x 9-3-14 Motion by Councilman Nixon, second by Councilman Miskiman, and carried, to appoint Marion A. Grady, City Clerk, as Deputy Cuty Treasurer, and that her bond be increased to the limit of the Treasurer; and to ac- cept the staff recommendation that William J. Bielser and Raymond L. Meador no longer be authorized to sign checks. 9 ;3 RESOLUTION NO. 4593 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPOINTING MARION A. GRADY DEPUTY CITY TREASURER. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: NON-AGENA ITEM - OPEN SPACE COMMITTEE SELECTION - FILE 9-2-16 x 13-14-1 In response to Councilman Nixon's query regarding the timing, City Planner Hotchner assured him that this item will be on the agenda November 5, 1973• RE: NON -AGENDA ITEM - LAS GALLINAS SANITARY DISTRICT LETTER - FILE 9-8 In response to the request that no further building permits be issued for construction in the Las Gallinas Sanitary District area, Council accepted City Attorney Robbins'.recommendation of the same pro- cedure presently being used with the Water District, that the City issue a permit with the stipulation that no construction may start until such time as they have secured all other permits. RE: NON -AGENDA ITEM - PROPOSED JOINT MEETING WITH PLANNING COMMISSION - FILE 9-2-6 After Council discussion regarding the need for a better understanding of the role of the Planning Com- mission, it was decided that a joint meeting could be scheduled after receipt of a letter from the Chair- man stating the problems. The City Council adjourned to October 29, 1973 at 8:00 O'Clock P.M. for a joint meeting with the Library Board. MARION A. GRADY, City Clerk APPROVED THIS 6_X/- DAY OF yc•LJ, , 1913 . MAYOR OF THE CITY—OF SAN RAFAEL In Room 301 of the City of San Rafael, Monday, October 29, 1973, at 8:00 O'Clock P.M. The San Rafael Redevelopment Agency met in special session, pursua,t to call of Chairman Bettini. Present: C. Paul Bettini, Chairman Fred E. Jensen, Member John A. Miskimen, Member Jack G. Nixon, Member Absent: Lawrence E. Mulryan, Memb er RE: REDEVELOPMENT BOND ISSUE - FILE 140 Afer hearing a report by Mr. Dennis Ciocca of Blyth, Eastman, Dillon & Company, Incorporated, the follow- ing actions were taken: Motion by Member Jensen, second by Member Miskimen, to adopt Resolution 73-A. RESOLUTION NO. 73-4 - RESOLUTION AUTHORIZING THE ISSUANCE OF $1,000,000 PRINCIPAL AMOUNT OF CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, SERIES 1973• AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Bettini NOES: MEMBERS: None ABSENT: MEMBERS: Mulryan Motion by Member Miskimen, second by Member Nixon, to adopt Resolution 73-5• RESOLUTION NO. 73-5 - RESOLUTION AUTHORIZING AND DIRECTING THE SALE OF $1,000,000 PRINCIPAL AMOUNT OF SAN RAFAEL REDEVELOPMENT AGENCY, CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT, TAX ALLOCATION BONDS, SERIES 1973, ADOPTING OFFICIAL NOTICE OF SALE, ADOPTING OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION. (Bid Opening 11:00 O'Clock A.M., Tuesday, November 20, 1973) AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Bettini NOES: MEMBERS: None ABSENT: MEMBERS: Mulryan The Redevelopment Agency adjourned and Reconvened to act as the San Rafael City Council for a Joint Meet- ing with the Library Board. RE: LIBRARY EXPANSION - FILE 9-3-61 Discussion by the City Council and the Library Board included, in addition to the five alternatives sum- marized by the Library Board, the possibility of securing a site next to the San Rafael High School, possible relocation of the County library to a site convenient for the residents of Terra Linda, and the parking situation. Motion by Councilman Miskimen, second by Councilman Jensen, to approach the County of Marin to see if they intend to move the County Library and, if so, when and where they plan the relocation. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Motion by Councilman Nixon, second by Councilman Miskimen, to adopt Resolution No. 4594• RESOLUTION NO. 4594 - RESOLUTION DIRECTING THE CITY MANGER IN COOPERATION WITH THE LIBRARY BOARD TO ASSESS POTENTIAL SITES FOR A NEW MAIN LIBRARY. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CENTENNIAL CELEBRATION - FILE 104 Councilman Miskimen reported on the progress of the Centennial Committee. Council indicated no objection to the date of the latter part of May recommended by the steering committee and referred the matter to the Centennial Committee at the meeting to be held Thursday, November 1, 1973, at 3:00 P.M. The staff was directed to provide a desk and telephone for the use of the Centennial Committee from January to May, 1974. Motion by Councilman Jensen, second by Councilman Nixon, to allow the Centennial Committee $1000 for pro- motional purposes, to come out of the contingent account. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: GENERAL PLAN IMPLEMENTATION - FILE 115 x 9-2-15 City Manager Bielser reported that to conform to the contract with Duncan & Jones, General Plan consul- tants, would require that the initial plan be referred to the Citizens Advisory Committee for review and input before presentation to the Planning Commission and the City Council. This would delay the schedule of presentation to the Council from November to January, 1974. The City Council will be provided with a schedule of the Citizens Advisroy Committee meetings. Motion by Councilman Jensen, second by Councilman Nixon, that the initial plan be referred to the Citizens 497 Advisory Committee and that the schedule be amended in accordance with the staff recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The City Council adjourned to the next regular meeting, November 5, 1973, at 8:00 O'Clock P.M. MARION A. GRADY, City Clerk APPROVED THIS 15:�11� DAY OF /C��v� C�ml 197-3 . MAYOR OF THE CITY --OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, November 5, 1973, at 8:00 o'clock P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman After discussion of Claim No. 3-1-63 filed by the San Rafael Assembly of God Church, denial of the claim was recommended. Motion was then made by Councilman Jensen, seconded by Councilman Miskimen, and carried unanimously to approve the recommended action of the following consent calendar items, as amended: Item Approval of Minutes - Regular Meeting of October 15, and Ad- journed Regular Meeting of October 29, 1973. Claim for Damages, No. 3-1-63 - San Rafael Assembly of God Church, Claimant. Claim for Damages, No. 3-1-72 - Glen W. Kuhl, Claimant. Amendment to Claim and Claim for Compensation, No. 3-1-47 - Mr. Russell Kern, Jr. and Mrs. Janet Kern, Claimants. Recommended Action Approve. Deny. Deny and refer to Insurance Carrier. Deny and refer to Insurance Carrier. Delinquent Assessments - East San Rafael Drainage Assessment District No.] Authorize staff to take action 6-� necessary to foreclose on delinquent properties. RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z73-10) TO TITLE 14 PERTAINING TO MULTIPLE OCCUPANCY FOR SINGLE FAMILTY RESIDENTIAL UNITS - File 10-3 Mayor Bettini reopened the public hearing, continued from October 1, 1973. City Attorney Robbins recom- mended that the matter be put over until the 9th Circuit Court has rendered a decision as to the consti- tutionality of an ordinance similar to the one proposed. City Planner Hotchner presented a progress re- port. Dr. Arthur Albin, 43 Culloden Park, summarized the problems relating to multiple occupancy of the larger residences in San Rafael; i. e., increased traffic and parking, increased population density, unavoidavle increase in noise, possible health and fire hazards, and probable increase in the number of large older homes being so occupied. He suggested that, in lieu of the proposed ordinance defining ''family'' and in- cluding the use permit procedure, ordinances be amended to limit the number of cars per single family residence, limit the number of residents in relation to either the number of bedrooms or the square foot- age, and allow periodic inspection by the Fire Department. He felt these would be adequate, along with enforcement of present parking and traffic control law, and better communication among the residents where problems occur. Mr. Zweig, Attorney, expressed his belief that Dr. Ablin's suggestions would be a good solution to the problem. After discussion, the public hearing was continued for two weeks and staff directed to review the recom- mendations of Dr. Ablin's committee and report back to the Council at the meeting of November 19, 1973• RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION-GPC73-35 (20 -UNIT CONDOMINIUM TOWN HOUSE DEVELOPMENT) POINT SAN PEDRO ROAD, EAST OF PORTO BELLO - MARIN YACHT CLUB - FILE 10-5 Mayor Bettini reopened the public hearing, continued from October 15, 1973• Mr. Richard Tarrant, speaking on behalf of the applicant, stated that they have a design to build a pro- ject that will not conflict with the Canal area which is the subject of controversy. He also advised that they will utilize a pier -type construction and no fill is contemplated, which he felt was the main reason for the consultant's recommendation concerning the Canal area and for the objections of the Plann- ing Commission to this development. Mr. Bill Monti, a teacher at San Rafael High School, said that the Marin Yacht Club's community involve- ment should be noted. Mr. Stan DeGreeve, 2 Montecito Road, voiced opposition on the basis that this would come under the General Plan Conflict and should not be approved at this time. He suggested that the City purchase the area for open space. Planning Commissioner John Starkweather stated that the Commission disapproval was not based on any speci- fic item such as seismic risk, but on the fact that there is substantial doubt as to whether this is the best use of the land. Sharon Fox, San Rafael High School student, said that maybe it would be wise to wait for the recommenda- tions of the Canal study before granting any approvals. Mayor Bettini closed the public hearing. Motion was made by Councilman Nixon to uphold the Planning Commission denial on the basis that there is some reasonable doubt that it will conform to the new General Plan, second by Councilman Mulryan. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None ___99 RE: PUBLIC HEARING - AUTHORIZATION TO CONNECT TO ANDERSEN DRIVE - FILE 6-22 x 11-1 Mayor Bettini declared the public hearing open. After a report by City Attorney Robbins advising that the Grady family has an easement over the land that Andersen Drive is on, the Council approved the request of Mr. Edward Grady for authorization to connect to Andersen Drive subject to the City's obtaining a grant of easement from Mr. Grady, and continued the request of Mr. Burt Capel to the meeting of November 19, 1973 for further negotiations. RE: PUBLIC HEARING - RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - FILE 6-2 Mayor Bettini reopened the public hearing which had been continued from October 15, 1973• City Engineer Caillouette advised that a protest petition received this date contains approximately 1/3 of the signatures on the original petition. Mr. Sanford Masonek, 43 Longwood Drive, who initiated the original petition to form the District, said that he thought most of the property owners would still be in favor of the formation if the cost of in- dividual assessments was under $2000. Mr. Andrews, 15 Wimbledon Way, was in favor of continuing proceed- ings, at this point. Mr. Larry Biancalana of Pacific Gas & Electric gave approxiate PG&E costs to which would be added Pacific Telephone & Telegraph and the costs of individual on-site connections. Speakers protesting the formation of the District were John Austin, 12 Longwood Drive, Carl Brown, 47 Longwood Drive, and Jack Hanzlik, 31 Longwood Drive. Mr. Edwin N. Ness, Assessment District Attorney, at the request of Mayor Bettini, explained to the prop- erty owners present the procedures involved in forming an assessment district. He also said that this is a preliminary hearing, that a public hearing for final determination of necessity will be held and prop- erty owners will be able to register either protest or approval, and will know the exact amount of indi- vidual assessments. Because of the uncertainty as to the total percentage of signatures on the various petitions filed for and against the Assessment District, staff was directed to check the petitions and verify the sufficiency of the petition. Motion by Councilman Mulryan, second by Councilman Nixon, to continue this hearing for two weeks for check- ing signatures. RESOLUTION NO. 4595 - RESOLUTION CONTINUING HEARING TO NOVEMBER 19, 1973, RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE. FINAL ADOPTION - ORDINANCE NO. 1123 - AMENDING TITLE 5, CHAPTER 5.64, FIRE TRAILS AND HIKING TRAILS, TO INCLUDE OPEN SPACE AND PARK LANDS - FILE 13-8 CHARTER ORDINANCE NO. 1123 - An ordinance of the City of San Rafael amending Title 5, Chapter 5.64, Fire Trails and Hiking Trails by amending said Chapter to include Open Space and Park Lands, was passed and adopted as an ordinance of the City of San Rafael by the folloiwng vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11 After discussion, this item was continued for two weeks, with the contract to be revised. RE: BOYD MUSEUM HOUSE ARCHITECTURAL PROPOSALS - FILE 13-14-2 x 9-3-66 Councilman Mulryan reported that the firms of Phillips/Finisy, Whisler Patri, and Milton W. Chambers were selected by the committee for consieration by the Council. Saturday afternoon, November 17, 1973, was set for the scheduling of interviews before the City Council. RE: GRANT OF RIGHT-OF-WAY AND INSTALLATION OF ROADWAY AND FRONTAGE IMPROVEMENTS-NORTHGATE EAST DEVELOP- MENT - FILE 2-2 This item was continued to the meeting of December 3, 1973, since all of the documents have not been sub- mitted by the applicant. RE: REQUEST FOR LEGAL DEFENSE FINANCIAL SUPPORT - LT. NASH - FILE 120 City Attorney Robbins advised that this matter is still under consideration by the insurance carrier; therefore, the matter was continued to the meeting of November 19th. RE: DISTRIBUTION OF INITIAL GENERAL PLAN - FILE 11 City Planner Hotchner reported on the distribution of the initial General Plan and the availability of copies in the Planning Department. He also presented the schedule of hearings as revised, and said the preliminary General Plan is due from Consultant on January 10, 1974. RE: APPROVAL OF CONCEPTUAL PLANS - CORPORATION YARD EXPANSION - FILE 12-4 City Manager Bielser presented a verbal and written report. Motion by Councilman Jensen, second by Councilman Miskimen, to approve the plans as presented with the deletion of the barb wire. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED DEMOLITION CONTROL ORDINANCE - FILE 9-3-32 x 13-14-2 After a report by City Manager Bielser and Council discussion, the liability insurance for each person in Section 11.32.060 was changed from $25,000.00 to $250,000.00, and the Demolition Permit Bond amount in Sec tion 11.32.070 was changed from, shall not be in excess of $1,000.00, to shall not be less than $1,000.00. Council members indicated approval of the ordinance. Motion by Councilman Nixon, second by Councilman Jensen, to refer the ordinance as amended to the Planning Commission for consideration, with the understanding that it come before the City Council at the next re- gular meeting. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED ORDINANCE AMENDING CHAPTER 9.20 of the MUNICIPAL CODE TITLED "INDUSTRIAL WASTE" - FILE 13-12 City Attorney Robbins presented the staff report, recommending approval. An ordinance of the City of San Rafael amending Chapter 9.20 of the Municipal Code entitled Industrial Waste, and numbering Charter Ordinance No. 1124, was read, introduced and ordered passed to print, by the following vote to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED ORDINANCE CHANGING PARKING LIMITATIONS AT THIRD AND "A" STREET LOT - FILE 12-14 x 11-18 City Manager Bielser reported that, since closure of the PG&E lot previously leased by the City, all -day parking is needed for persons working in the area and recommended adoption of the ordinance. An ordinance of the City of San Rafael amending Title 5, Traffic Regulations, Chapter 5.60, Parking Meters, by adding ten hour parking meters to the Third and "A" Street Parking Lot, and numbering Charter Ordinance No. 1125, was read, introduced and ordered passed to print, by the following vote, towit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CHAMBER OF COMMERCE CONTRACT RENEWAL - FILE 4-6 RESOLUTION NO. 4596 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Greater San Rafael Chamber of Commerce - Contract Renewal - $8,000 per year) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: OFFER OF DEDICATION OF LAND - IRWIN STREET - FILE 937 The Council heard a report by City Manager Bielser on the offer to the City of San Rafael of a parcel of land located between the Highway 101/Mlssion Avenue on-ramp and Irwin Street for use as a landscaped area. The staff was directed to negotiate with Mr. Carl Yeakey, the property owner, for the installation of land- scaping to adequately screen his buildings and possible installation and maintenance by the City of land- scaping on the parcel being offered for dedication. RE: PURCHASE OF TAX -DEEDED PROPERTY - FILE 2-15 x 2-6 RESOLUTION NO. 4597 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Board of Supervisors of the County of Marin, and the County of Marin - agreement for the purchase of A.P. No. 178-152-29) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CITY -WALKER PROPERTY EXCHANGE, VICINITY JACOBY, AUBURN AND SIMMS STREET - FILE 4-10-68 RESOLUTION NO. 4598 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY - (Grant Deed from James R. and Barbara L. Walker, dated October 19, 1973, Application No. 93261) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Jensen, second by Councilman Nixon, to authorize the Mayor and City Clerk to execute Grant Deed conveying City Property to Walker. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Nixon, second by Councilman Miskimen, to authorize the Mayor and City Clerk to execute escrow instructions. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Jensen, second by Councilman Miskimen, to authorize payment to Walker in the amount of $11,715.45, as per agreement dated December 28, 1972. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 501 RE: OPEN SPACE SELECTION COMMITTEE - FILE 9-2-16 City Planner Hotchner presented a sketch outlining nine areas within the City of San Rafael and two areas within the City's sphere of influence from which committee members could be selected, and re- commended that members from the areas outside the City be exofficio representatives without vote. After Council discussion, a motion was made by Councilman Jensen to appoint one person from each district. The motion died for lack of a second. Motion by Councilman Nixon, second by Councilman Mulryan, that the committee consist of two persons from each area and that those persons from areas outside the City be non-voting members. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None Council authorized calling for applications to be submitted within thirty days. RE: REPORT RELATING TO PURCHASE OF FOUR WHEEL DRIVE GENERAL UTILITY VEHICLE - FILE 9-3-66 Motion by Councilman Jensen, second by Councilman Nixon, to authorize staff to purchase one four- wheel drive vehicle on the open market, since no bids were received on this item. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - ''GOLDEN GATE INDUSTRIAL PARK'' - FILE 5-1-21 Motion by Councilman Jensen, second by Councilman Mulryan that the staff recommendation that the time be extended to January 7, 1974 be approved. RESOLUTION NO. 4599 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Golden Development & Management, Inc.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO PROJECT AGREEMENT - ''EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE A. MAJOR DRAINAGE FACILITIES'' - FILE 6-22 RESOLUTION NO. 4600 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Pacific Excavators - to December 3, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO PROJECT AGREEMENT - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SCHEDULE B, MAJOR DRAINAGE FACILITIES - FILE 6-22 RESOLUTION NO. 4601 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Ghilotti Bros., Inc. - To December 3, 1973) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CITY -COUNTY PLANNING COUNCIL - FILE 10-2 x 4-13-24 Councilman Nixon reported on the CCPC meeting held October 10, 1973 concerning a joint powers agree- ment for the Advisory Review Agency, and requested Council reaction before the next meeting scheduled November 14, 1973. It was felt that the proposal requires a great deal of consideration by the planning staff, Planning Commission and City Council and that copies of the Agreement should be made available to the Planning Department for review. Since the Consultants for the San Rafael General Plan have recommended an entirely different approach than the County, Councilman Nixon was authorized to convey to the CCPC at the November 14th meeting that the Council will not take a posi- tion on this item until it takes a stand on the County -wide General Plan. The matter was continued to November 19, 1973, for further discussion and a report from Councilman Nixon. RE: COMMUNITY RECREATION CENTER PROPERTY - FILE 12-15 x 2-1-12 RESOLUTION NO. 4602 - RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO EXECUTE A NOTE AND DEED OF TRUST (Cardellini property adjacent to Albert Field) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT OPERATIONS - FILE 112-2 In answer to a request by City Manager Bielser, the Council authorized the staff to request that the 502 L Golden Gate Bridge District give ample notice of any proposed changesin bus routes affecting the City of San Rafael. RE: PG&E POLE LINE EASEMENT - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - FILE 6-22 RESOLUTION NO. 4603 - RESOLUTION OF NECESSITY FOR CONDEMNATION, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PLANNING COMMISSION MINUTES - FILE 9-2-6 Councilman Mulryan questioned the necessity for verbatim transcripts of the Planning Commission minutes and asked that the practice be discontinued. It was suggested that the Chairman of the Commission provide a written list of any problems before the next Council meeting. RE: PARKING METERS ON HETHERTON STREET - FILE 11-18 In reply to a query from Councilman Mulryan, City Manager Bielser advised that five -hours parking meters were installed on Netherton Street for use by persons employed in that area; however, they are not being used to the extent expected and there will be some revisions in the near future in an attempt to meet the parking needs. RE: STATE BOND PARK ISSUE OF 1974 - FILE 9-3-66 Councilman Miskimen referred to a memo dated October 30, 1973, from the Director of Parks and Recrea- tion, relating to a request that the City submit a list of parks where these funds may be used, adopt a resolution concerning the list, and forward to the County prior to November 14, 1973. Since this item is scheduled on the agenda of the Parks and Recreation Commission meeting Thursday, November 8, 1973, and will not come before the Council until November 19, 1973, staff was directed to notify the County that compliance with their request will be five days late. RE: FIRE PROTECTION IN UNINCORPORATED AREAS - FILE 13-5 Councilman Miskimen reviewed the action of the Board of Supervisors relative to the mutual aid agree- ment and their request that the City consider extending the ultimatum until residents of these unin- corporated areas have had an opportunity to vote on the problems in June of 1974. After discussion, staff was directed to reply to the Board of Supervisors that the Council has not changed its position on the previous decision to change the method of service in the County areas, and to emphasize the request for a second man on the truck. RE: REDEVELOPMENT - FILE 140 It was directed that a letter of appreciation be written to the Board of Supervisors for approval of the request for extension to a seven-year period on the bond issue. RE: PURCHASE OF AUTOMOBILE - FILE 9-3-11 Authorization was given for the purchase of a new automobile for the City Manager from the replacement fund budgeted in the 1973-74 budget. Council adjourned to the next regularly scheduled meeting November 19, 1973• MARION A. GRADY, City Clerk APPROVED THIS DAY OF ,19�_• y r MAYOR OF THE CW OF SAN RAFAEL