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HomeMy WebLinkAboutMinutes 1977-1981 pt. 1I Special Joint Meeting between the San Rafael City Council and the San Rafael Planning Commission, Dominic's Harbor Restaurant, San Rafael, 7:00 PM, Tuesday, November 29, 1977. Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Present: Donn E. Nissen, Chairman Albert J. Boro, Member Dorothy L. Breiner, Member Edmund A. Duggan, Member Clifford S. Lund, Member Richard P. Rodrigues, Member John A. Starkweather, Member Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney The San Rafael City Council and the San Rafael Planning Commission held a joint dinner meeting at Dominic's Harbor Restaurant to discuss mutual problems relating to planning in San Rafael; namely, the need to streamline planning procedures for applicants, the changing nature of planning duties in the City, and the number of Commission decisions appealed to the Council. After discussion, it was jointly agreed that a new position of Zoning Administrator should be created to speed up the approval process. It was also agreed that the City Council and Planning Commission should try to meet at least once a year for further joint discussions. ANNE M. LEONCINI, City Clerk APPROVED THIS / q;rZ DAY OF 1977 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 5, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Claim for Damages - California State Automobile Association (Margarita Dorothy Alvarez), File No. 3-1-304 Claim for Damages - Kathryn M. Connolly, File No. 3-1-313 Claim for Damages - Debra Lee Newton, File No. 3-1-314 Emergency Authorization for Installation of Underground Electric Service Facilities to MMWD Santa Margarita Tank - File 151 Recommended Action Referred to insurance carrier for payment. Denied and referred to insurance carrier. Denied and referred to insurance carrier. RESOLUTION NO. 5383 - AUTHORIZING THE SIGNING OF A RIGHT OF WAY DEED TO PG&E COMPANY FOR INSTALLATION AND MAINTENANCE OF ELECTRIC SERVICE FACILITIES (Santa Margarita Tank - Bet. City Council and PG&E) RESOLUTION NO. 5384 - AUTHORIZING THE SIGNING OF A RIGHT OF WAY DEED TO PG&E COMPANY FOR INSTAL- LATION AND MAINTENANCE OF ELECTRIC SERVICE FACILITIES (Santa Margarita Tank - Bet. City, Green Oaks Homeowners & PG&E) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AMENDMENT TO MINUTES OF CITY COUNCIL MEETING NOVEMBER 21, 1977 - File 1-4 Councilman Nixon requested that paragraph 4, page 2 of the November 21, 1977 City Council minutes be amended to read as follows: Councilman Nixon stated for the record that he supports not approving the pool and not removing the baseball diamond, but that since the motion is being considered without any plan for increasing any athletic facilities anywhere, he will vote against the motion since he feels it does not accomplish the Council's original objective, to wit: To increase the number of available athletic fields for Little League and Yout Soccer. Councilman Mulryan moved and Councilman Miskimen seconded, that the minutes be amended to include the above statement. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CLAIM FOR DAMAGES - ROBERT DROLLA. File 3-1-312 Councilman Jensen noted the number of accidents for which claims are being filed against the City, and questioned how many are avoidable and are careless accidents. He also inquired about a safety proqram. City Manager Bielser stated that various safety programs are presently under study, and he was asked to furnish the Council with a report on what has been done to date. Councilman Jensen then moved, and Councilman Miskimen seconded, that the Robert Drolla claim for damages be denied and referred to the insurance carrier as recommended. AYES: COUNCILMEN: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - REZONING (Z77-8) FROM P -D TO P -D (CHANGE IN MASTER PLAN) SAN PEDRO COVE; 600 PT. SAN PEDRO ROAD; AP 16-213-11; 16-221-09,10,11; 16-222-01; 16-241-04,05; 16-242-10,11; 16-251-01,02; 16-252-01,02; 16-271-03,04,05, 12 & 13 - INITIATED BY PAGANINI FAMILY REPRESENTED BY ENVIRONMENTAL PLANNING & DESIGN ASSOCIATES - File 5-2-73 Mayor Bettini declared the public hearing opened. Planning Director Hotchner briefed the Council on the staff report regarding the rezoning of the area. 4� There being no public input, Mayor Bettini declared the public hearing closed. Councilman Miskimen moved and Councilman Jensen seconded, to concur with the Planning Commission in the Negative Declaration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None -" ABSENT: COUNCILMEN: None An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Development) District by Adopting Amendment to the Development Plan, and numbering Charter Ordinance No. 1283, 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: PUBLIC HEARING - P77-19 - APPEAL OF REQUIREMENT FOR ENVIRONMENTAL IMPACT REPORT - BUSINESS AND INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER; END OF ANDERSEN DRIVE; MAGGIORA & OHILOTTI, INC., OWNER; GONZALEZ, OBERKAMPER, ROBERTS, McCARTHY, REP.; AP 18-180-03 & 04 - File 10-6 Item deferred to January 3, 1978 meeting, at appellant's request. RE: UP76-65(b) DE LONG CHEVROLET USE PERMIT FOR USED CAR SALES, 550 WEST FRANCISCO BLVD., CLARENCE A. DE LONG, OWNER; M DISTRICT; AP 13-051-07 & 08 - File 10-5 Mr. Don DeLong informed the Council that he feels that the company is now complying with the conditions set down by the Planning Commission. After discussion, the Council continued the item to the December 19, 1977 Council meeting, to give staff an opportunity to review the situation as regards compliance with Planning Commission conditions as concurred in by the Police Department. RE: FINAL ADOPTION - ORDINANCE NO. 1280, AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED. "POLICE ROTATION TOWING SERVICES" - File 11-8 After discussion Councilman Jensen moved and Councilman Nixon seconded, to amend Section 10.85.090 to change public liability insurance with minimum limits of $100,000 (from $500,000) injury to one person; $50,000 (from $25,000) for property damages; and a garage liability for tow operators liability insu- rance with minimum limits of $50,000 (from $500,000). AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ordinance will be republished before December 19, 1977 meeting, when it will come up for final adoption. FINAL ADOPTION - ORDINANCE NO. 1281, AMENDING TITLE 8, "MORALS & CONDUCT", OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 THERETO, ENTITLED, 'BINGO GAMES" - File 13-8 After discussion, Councilman Miskimen moved and Councilman Jensen seconded, to continue this item to the December 19, 1977 Council meeting to give the City Attorney, Chief of Police and Mr. Bruce Egnew an opportunity to meet and confer on possible amendments to the ordinance. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1282, AMENDING SECTION 10.04.080 OF CHAPTER 10.04, BUSINESS LICENSE E OF THE SAN RAFAEL MUNICIPAL CODE, BY CHANGING THE INCREMENTAL PENALTY FEES FOR DELINQUENCY OR FAILURE TO PAY THE REQUIRED BUSINESS LICENSE FEE FROM TEN PERCENT ON THE AMOUNT DUE TO TWENTY-FIVE PERCENT ON THE AMOUNT DUE - File 9-10 CHARTER ORDINANCE NO. 1282 - An Ordinance of the City of San Rafael Amending Section 10.04.080 of Chapter 10.04, Business License, of the San Rafael Municipal Code, by Changing the Incremental Penalty Fees for Delinquency or Failure to Pay the Required Business License Fee from Ten Percent on the Amount Due to Twenty-five Percent on the Amount Due, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SELECTION OF ARCHITECT - PICKLEWEED PARK - File 2-1-55 Councilman Miskimen moved and Councilman Mulryan seconded, that the firm of R. Bruce Shaffer and Associates be selected for the design of Pickleweed Park, and that staff be authorized to negotiate a contract for execution by the Mayor and City Clerk. RESOLUTION NO. 5385 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With R. Bruce Shaffer and Associates for Design of Pickleweed Park) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None FI RE: PROPOSAL FOR DESIGN SERVICES - ALBERT PARK - File 4-3-66 Council reviewed letter from Royston, Hanamoto, Beck & Abey regarding changing of the master planning for Albert Park. Councilman Mulryan moved and Councilman Miskimen seconded, to approve extending the Royston, Hanamoto, Beck & Abey contract to include the additional $2,600 service charge. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSALS FOR LOW AND MODERATE INCOME HOUSING ADMINISTRATIVE SERVICES - File 147 Council heard from Martin Mackey and John Shellenberger of Ecumenical Housing, who stated they would like to be involved in the planning and development process with regard to the proposed low and moderate income housing. Douglas Bosco of the Marin County Housing Authority stated they are not at all in com- petition with the Ecumenical group, but his proposal would be that the County Housing Authority would sell revenue bonds, and administer the construction and later the management of the project. They would at all times look to the City for direction. After further discussion on various types of funding, Councilman Mulryan moved and Councilman Jensen seconded, that the Marin County Housing Authority administer the program on the condition that they use the design and other architectural services of the Ecumenical Housing. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON APPLICATIONS - PARKS & RECREATION COMMISSION VACANCY - File 9-2-4 The Council set January 9, 1978 at 7:30 PM to interview applicants for the Parks and Recreation Commission vacancy, which was due to the resignation of Mr. Bruce Egnew. RE: EXPIRATION OF PLANNING COMMISSIONERS' TERMS - File 9-2-6 Mayor Bettini announced that he had received a letter from Mr. Joseph Garbarino stating that he does not want to compete for the Planning Commission vacancies, but will wait for another time. Councilman Mulryan moved and Councilman Nixon seconded, to reappoint incumbents Albert J. Boro and John A. Starkweather to four-year terms retroactive to July 1, 1977. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None RE: BID OPENING - AWARD OF CONTRACT, FALKIRK CULTURAL CENTER RENOVATION AND RESTORATION File 4-1-265 x 4-3-67 RESOLUTION NO. 5386 - RESOLUTION OF AWARD OF CONTRACT (To Joseph E. Redmond for bid items 12 through 16, bid amount $94,800) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: ABSENT: COUNCILMEN: (Councilman Mulryan left meeting) RE: REPORT ON PERSONNEL RULES AND REGULATIONS - File 7-2 After discussion of the revised Personnel Rules and Regulations, Councilman Nixon moved and Councilman Miskimen seconded, to accept the staff proposal that the regulations be accepted as written, and that a public hearing be set for the Council meeting of January 16, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PLANNING DEPARTMENT WORK PROGRAM MID -YEAR REVIEW - File 9-3-17 a. Progress Report Councilman Jensen moved and Councilman Miskimen seconded, to accept the report as submitted. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan b. Additions and Revisions - Staff Recommendations Councilman Nixon moved and Councilman Miskimen seconded, to adopt the provisions of the Work Program for 1978. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan (Councilman Mulryan returned) 5 The Council adjourned to Executive Session to discuss property acquisition. JEANNE M. LLEONCIN , City Clerk APPROVED THIS / '� ;LZ DAY OF , 1977 MAYOR OF TH IT F SAN RAF EL In the Council Chambers of the City of San Rafael, Monday, December 19, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of November 29 and December 5, Approved as submitted. 1977 Meetings. Claim for Damages - Joyce Wycoff File No. 3-1-316 Resolutions Permitting Use of Alcoholic Beverages on City -owned Property: File 9-3-65 a. San Rafael Cummunity Center and Terra Linda Recreation Center b. City Parks Statements of Disclosure re Property Interests of Redevelopment CAC Members in Central SR Redevelopment Project - File 140 Resolution Accepting One -Third Interest (Parcel C) in the Nunes Open Space Property - File 13-14-1 East San Rafael Drainage Assessment District No. 1 - Use of District Funds for Maintenance Purposes - File 6-22 Reopening of Open Space and Parks Areas - File 13-5 x 12-5 x 9-3-65 Report on Cable Television Matters: File 9-7-4 a. Cable TV Service in Fairhills b. Senior Citizen Rates c. Proposed Pay TV d. Franchise Renewal Communication from San Quentin Disposal re Permit - File 160 Denied and referred to Insurance Carrier. RESOLUTION NO. 5387 - PERMITTING THE USE OF ALCOHOLIC BEVERAGES AT THE SAN RAFAEL COMMUNITY CENTER AND THE TERRA LINDA RECREATION CENTER RESOLUTION NO. 5388 - PERMITTING THE LIMITED USE OF ALCOHOLIC BEVERAGES IN CITY PARKS Statements accepted. RESOLUTION NO. 5389 - RESOLUTION OF ACCEP- TANCE OF GRANT OF ONE-THIRD (1/3) INTEREST IN REAL PROPERTY (Nunes) RESOLUTION NO. 5394 - DECLARING SURPLUS IN IMPROVEMENT FUND, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA Report of Fire Chief Accepted. Continued to February 6, 1978 meeting. Approved request to close at 1:00 PM on Christmas Eve and New Years Eve. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: AUTHORIZATION TO SOLICIT BIDS FOR POLICE VEHICLES - 4-2-125 x 9-3-30 After discussion Councilman Mulryan moved and Councilman Nixon seconded, to approve staff recommendation and authorized staff to prepare and accept bids for eight police vehicles for San Rafael, two for Fairfax, and two for Corte Madera. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM U. S. DEPARTMENT OF THE INTERIOR RE DEVELOPMENT OF NIKE SITE, BARBIER PARK Fila 9-1-10 Councilman Mulryan moved and Councilman Nixon seconded, to approve staff recommendation that they reply to the letter from the Department of the Interior, explaining that the delay in development of the property has been due to lack of funds. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 7 RE: PUBLIC HEARING - DESIGNATION OF 241 WEST END AVENUE AS AN HISTORICAL LANDMARK, MR. & MRS. JOSEPH CANALE AND DR. ARTHUR CIANCUTTI, OWNERS; AP 12-031-24 - File 13-14-2 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. RESOLUTION NO. 5390 - DESIGNATING 241 WEST END AVENUE SITE AS AN HISTORICAL LANDMARK AYES: COUNCILMEN: Jensen, Mulrya, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: UP76-65(b) DeLONG CHEVROLET USE PERMIT FOR USED CAR SALES, 550 WEST FRANCISCO BLVD.; CLARENCE A DeLONG. OWNER, M DISTRICT; AP 13-051-07 & 08 - File 10-5 Staff recommended that on the basis of the meeting held with Mr. Donald DeLong and the agreement in writing, it would be appropriate for the City Council to extend the use permit for an additional 60 days and to authorize the Planning Director to further extend it up through its original termination period of July 26, 1978, subject to amending the conditions by adding conditions (a) through (f). Councilman Jensen moved and Councilman Mulryan seconded, to sustain the appeal under the conditions set forth by the Planning Commission. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION RE HOUSING & COMMUNITY DEVELOPMENT ACT FUNDS - File 4-13-38 Council reviewed staff recommendations for projects for the three-year program: Handicapped Facilities, Downtown Area; Pickleweed Park; Albert Park Improvements; and Francisco Blvd. Beautification. Councilman Jensen moved and Councilman Mulryan seconded, to accept the recommendations of staff. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: DISCUSSION OF REVISED GUIDELINES - LOCAL PARKS ASSISTANCE PROGRAM - File 9-3-66 City Manager Bielser reported that the Board of Supervisors is now considering sharing the Local Parks Assistance Program funds with the school districts. He expressed the opinion that the $200,000 involved does not go far enough among the cities and community service districts, let alone complicating the program by adding the school districts. Councilman Mulryan moved and Councilman Jensen seconded, to approve the objection of use of the Local Parks Assistance funds by school districts. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: FINAL ADOPTION - ORDINANCE NO. 1280, AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED, "POLICE ROT TION TOWING SERVICES - File 11-8 CHARTER ORDINANCE NO. 1280 - An Ordinance of the City of San Rafael Amending Title 10 of the San Rafael Municipal Code by Adding a New Chapter 10.85 Entitled, "Police Rotation Towing Services, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: ORDINANCE NO. 1281 - AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 THERETO ENTITLED, BINGO GAMES - File 13-8 Councilman Mulryan moved and Councilman Jensen seconded, to approve the amendments and pass Ordinance No. 1281 to print as amended. An Ordinance of the City of San Rafael Amending Title 8 - "Morals & Conduct" of the San Rafael Muni- cipal Code by Adding a New Chapter 8.06 Thereto Entitled, "Bingo Games", and numbering Charter Ordinance No. 1281, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM LOUISE SOUSA RE PRIVATE PARKING LOTS - File 13-1-1 Mrs. Louise Sousa requested that the Council pass an ordinance covering citations for non -handicapped persons parking in private parking lots. She asked for patrols in certain specified areas of San Rafael. The possibility of an ordinance authorizing ticketing of such persons when a call is received from a property owner or private citizen, rather than entering into an expensive police patrol program, was discussed. Police Chief Benaderet stated that the on-call procedure would be workable but that he would prefer to check it out with the County's judicial system with regard to their upholding a charge when it is not a constant enforcement. Mrs. Sousa reported that a State law is going into effect January 1, 1978, which levies a $25.00 fine for persons illegally parked in a handicapped stall. Councilman Mulryan moved and Councilman Nixon seconded, to authorize staff to prepare an ordinance to effect the citing of people in private parking lots who are illegally parked in handicapped spaces either on receipt of a call or by personal observation of a police officer. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen City Manager Bielser suggested that signs could be erected, stating that citations will be issued for parking in the handicapped spaces, He felt that would serve as a deterrent to people parking in the spaces. RE: REPORT ON CRIME STATISTICS - File 9-3-30 Council accepted with thanks a report from Police Chief Benaderet, giving crime statistics from January through November 1977, and indicating that the overall crime rate has decreased by 22.5%. RE: REPORT ON MANAGEMENT SALARY RECOMMENDATIONS, CALENDAR YEAR 1978 - File 7-3 x 9-1 RESOLUTION NO. 5391 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5135 PERTAINING TO THE COMPENSATION FOR MANAGEMENT AND UNCLASSIFIED EMPLOYEES (To include the City Manager) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen An Ordinance of the City of San Rafael Providing for Cost of Living Increase for City Council, and numbering Charter Ordinance No. 1286, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON COUNTY'S PARTICIPATION IN OPEN SPACE - File 4-13-51 RESOLUTION NO. 5392 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Marin County Open Space District, Joint Powers Agreement to Provide for Joint Ownership of Property Formerly Owned by Knox, Nock and Turrini). (Paragraph 3b of Joint Powers Agree- ment deleted.) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: URGENCY ORDINANCE ESTABLISHING TIME LIMITS FOR THE LA FARGUE LAUNDRY PARKING LOT - File 11-18 CHARTER ORDINANCE NO. 1284 - An Urgency Ordinance of the City of San Rafael Amending Title 5, Chapter 5.60, Section 5.60.068, Ten Hour Parking Meter Zones, and Section 5.60.070, Two Hour Parking Meter Zones, by Adding Thereto Additional Parking Lot Facilities, was adopted as an urgency ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: BID OPENING - AWARD OF CONTRACT FOR IRWIN ST. SIDEWALK IMPROVEMENTS - Fiel 9-3-40 RESOLUTION NO. 5393 - RESOLUTION OF AWARD OF CONTRACT (To Ghilotti Bros., Inc., $21,292.00) AYES: COUNCILMEN: Jensen, Mulryan- and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen ABSTAINED: COUNCILMEN:Nixon (Due to conflict of interest) RE: REVIEW OF CULTURAL AFFAIRS COMMISSION PROGRAMS - File 9-2-24 After discussion Councilman Mulryan moved and Councilman Nixon seconded, that Cultural Affairs programs should be cleared through the City Council, and that two Cultural Affairs commissioners shall meet with two members of the City Council to discuss areas of programming and policy matters. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON MEETING RE CHINA CAMP STATE PARK - File 9-3-66 Recreation Director Jauch briefed the Council on the hearing conducted by the State Department of Parks & Recreation on December 14, to hear public comment on whether to classify China Camp as a recreation area, state park or historical unit. The consensus of the people present was to classify the area (approximately 35 acres) as a state park and to retain and protect the historical significance of the Chinese and Miwok cultures. Many of the buildings date back to the turn of the century. Mr. Jauch informed the Council that the State Park & Recreation Commission is meeting on January 13th to determine the classification for the site, so if the Council wishes to make a recommendation it should be done before that date. City Manager Bielser suggested a public hearing at the meeting of January 3rd, and stated that mean- while homeowners groups could be contacted for input. Council agreed on setting the public hearing. RE: ORDINANCE DESIGNATING CITY ENGINEER OR HIS DESIGNEE AS BUILDING OFFICIAL - File 7-4 x 9-3-40 An Ordinance of the City of San Rafael Amending Title 12 of the San Rafael Municipal Code by Adding Thereto Chapter 12.04 Entitled, "Building Division and Designation of Building Official", and numbering Charter Ordinance No. 1285, was read, introduced and ordered passed to print by the following vote, to wit. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: NOTIFICATION PROCEDURES FOR PLANNING COMMISSION ACTIONS - File 9-3-17 Council reviewed the staff study on Planning Notification Procedures, the stated purpose of which is to provide adequate notification to those who may reasonably be affected by a zoning or subdivision action, with proper consideration for the time and cost of mailing such notifications. Councilman Mulryan moved and Councilman Nixon seconded, to approve the policy. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION RE FAMILY AND CHILDREN SERVICES ADVISORY COMMITTEE - File 160 Item continued to a later date at request of the Advisory Committee. ADDITIONAL ITEMS RE: REPORT RE FAU FUNDS - File 4-8-18 City Manager Bielser reported that the City was granted an 83% contribution on their application for FAU funds for the Bellam Boulevard widening project, thereby supplanting Redevelopment funds, and the 17% match between the Redevelopment Agency and the State will be worked out. The Agency would acquire the right-of-way. It appears that this action saves $500,000 to $600,000 in Redevelopment expenditures. RE: OAK VIEW SCHOOL SOCCER FIELDS - 9-3-65 Councilman Mulryan announced that he has been in contact with the Dixie School District, in connection with development of soccer fields in that area. The District asked Councilman Mulryan to meet with them and to bring Dennis Jauch to explore possibility and discuss funding, and bring the proposal back to the Council. Councilman Mulryan was appointed a committee of one, to bring Mr. Jauch and meet with Dixie School representatives, and report back to the Council. The Council adjourned to Executive Session to discuss property acquisition. APPROVED THIS A. J ANNE M. LEONCINI, City Clerk 3 DAY OF MAYO OF THE CITY OF -SAN RAFAEL 1978. 10 In the Council Chambers of the City of San Rafael, Tuesday, January 3, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of December 19, 1977 Meeting. Approved as submitted. Adoption of State of California, Department of Trans- Adopted by motion. portation, 1978 Standard Specifications - File 9-3-40 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REVIEW OF ALTERNATIVE RECREATIONAL PLANS FOR CHINA CAMP STATE PARK - File 12-5 x 9-3-66 Mayor Bettini declared the public hearing opened. Recreation Director Dennis Jauch informed the Council that after attending the public hearing conducted by the State Parks & Recreation Department, it is staff's recommendation that the China Camp develop- ment be designated as a State Park and that the approximately 35 acres containing evidence of Chinese and Miwok cultures be preserved. Mayor Bettini asked how soon a decision by the Council should be made as to their recommendation and Mr. Jauch reported that there will be another hearing, on January 13th in Salinas at which time the designation for the area will be decided. Council then heard from Mr. Robert Winkler, president of the Peacock Gap Homeowners Association. The Association concurs in the name "China Camp State Park" and the preservation of the areas containing Chinese and Miwok culture. They favor controlling traffic by having people park at the Civic Center and use a shuttle service from there to points within the park. Foot traffic and bicycle traffic would be allowed at all times. They also favor restricting of entry from adjacent neighborhoods. The Asso- ciation also recommended that North San Pedro Road be renamed "China Camp Road". Finally, they re- commended that the Director of Recreation organize a Citizens Advisory Committee to participate in the planning stages of the park. They offered their help in any capacity which would be of assistance. Mr. Chuck Wood, president of Glenwood Homeowners concurred in Mr. Winkler's remarks and added that the state park portion of the park should be open for day camping, hiking and similar uses but that re- creational vehicles should be excluded. Dr. William Ford of Peacock Gap stated that he is aware of the concern of the Santa Venetia residents about routing of traffic through their area. He pointed out that the southern route is very circuitous, and that the Civic Center would provide adequate parking and a much more direct route to the park. Mrs. Dora Knell of Peacock Gap inquired about retention of fishing facilities and was assured that the City would recommend this among recreational facilities for the State Park portion of the area. Mr. Dale Klein of Santa Venetia spoke about limited use of the park for recreation in order to preserve the culture areas, and favored two gates to control traffic. He stated that he is against the renaming of North San Pedro Road to "China Camp Road" There being no further input, the public hearing was closed. After discussion Councilman Miskimen moved and Councilman Nixon seconded, to recommend the area be designated as "China Camp State Park" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Mulryan then moved and Councilman Jensen seconded, that the Council support the State Park for the area, including a historical preserve therein and support the continued existence of the historical buildings, access by the public and use by the present owners. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None It was agreed that a letter to the State Department of Parks and Recreation should include the fact that the Council is concerned about the traffic situation, and the other items which the property owners' associations have pointed out, also that the Council will be in a position later to give more detail, and that they desire to participate in the final discussions. RE: PUBLIC HEARING - AMENDMENT OF CITY "SIGN ORDINANCE" (Z76-1) - File 125 x 9-2-10 x 9-2-6 Mayor Bettini declared the public hearing opened. 11 Planning Director Hotchner explained the modifications and amendments to the sign ordinance. Council heard a brief resum6 from Cliff Lund on the actions taken by the Sign Ordinance Review Sub- committee in revising the sign ordinance. Council then heard a brief presentation from Alan Wadsworth of American Sign & Indicator, on Unex display panels for public service displays. There being no further public input, the public hearing was closed. Councilman Mulryan moved and Councilman Miskimen seconded, that the sign ordinance be passed to print, with staff being given latitude to make editorial corrections as suggested. An Ordinance of the City of San Rafael Amending Title 14 - "Zoning" of the San Rafael Municipal Code by Repealing and Reenacting Chapter 14.12 therein, entitled: Sign Ordinance, and numbering Charter Ordinance No. 1287, 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 RESOLUTION NO. 5398 - RESOLUTION OF APPRECIATION (To Sign Ordinance Review Subcommittee members Clifford S. Lund, Dorothy L. Breiner, Robert Hoffman, Richard Aunger, Sue Lifschiz and John Galbraith) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REQUIREMENT OF ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT - BUSINESS & INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER; END OF ANDERSEN DRIVE; MAGGIORA & GHILOTTI, INC., OWNERS, GONZALEZ, OBERKAMPER, ROBERTS, McCARTHY, REPS.; AP 18-180-03 & 04 - File 10-6 Item continued to meeting of February 6, 1978, at request of appellant. RE: PUBLIC HEARING - UP77-27(b) - SIX-FOOT FENCE IN REVERSE CORNER, SIDE/REAR YARD SETBACK; 222 ,ARIAS STREET; CLYDE LUCERO, OWNER; FRED FURUICHI, REP.; R-1 DISTRICT; AP 175-312-16 - File 3-3-25 x 10-5 Mayor Bettini declared the public hearing opened. Council heard from Timothy Davis, attorney for Mr. Lucero, the appellant, He stated that Mr. Lucero has had his shrubbery damaged and wants to protect it. Mr. Davis cited Section 14.16.030 of the Zoning Ordinance, which he felt was being misinterpreted in denying the six-foot fence. He cited the fact that there are many six-foot fences in the neighborhood. Council then heard from Gustaf Stalin, whose property at 9 Elena Circle would be affected by the pro- posed fence. He objected on the basis that the fence would block the light and air from the front of his house. He also cited the petition which he had circulated in the neighborhood in which the neighbors objected to the fence. There being no further public input, the public hearing was closed. After discussion Councilman Jensen moved and Councilman Nixon seconded, that the appeal be sustained and Mr. Lucero be allowed to build the fence as outlined in Plan "B" AYES: COUNCILMEN: Jensen, Nixon NOES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini ABSENT: COUNCILMEN: None Motion failed. Planning Commission decision is upheld and appeal denied. RE: FINAL ADOPTION - ORDINANCE NO. 1281, AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 ENTITLED, "BINGO GAMES" - File 13-8 ! CHARTER ORDINANCE NO. 1281 - An Ordinance of the City of San Rafael Amending Title 8 - "Morals & -- Conduct" of the San Rafael Municipal Code by Adding a New Chapter 8.06 Entitled, "Bingo Games", was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1283, AMENDING ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO RECLASSIFY CERT REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT BY ADOPTING AMENDMENT TO THE DEVELOPMENT PLAN RE LANDS OF PAGANINI - File 5-2-73 CHARTER ORDINANCE NO. 1283 - An Ordinance of the City of San Rafael Amending Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Develop- ment) District by Adopting Amendment to the Development Plan, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 12 RE: FINAL ADOPTION - ORDINANCE NO. 1285, AMENDING TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING THERETO CHAPTER 12.04 ENTITLED, "BUILDING DIVISION AND DESIGNATION OF BUILDING OFFICIAL - File 7-4 x 9-3-40 CHARTER ORDINANCE NO. 1285 - An Ordinance of the City of San Rafael Amending Title 12 of the San Rafael Municipal Code by Adding Thereto Chapter 12.04 entitled, "Building Division and Designation of Building Official", was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1286, PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL - File 9-1 CHARTER ORDINANCE NO. 1286 - An Ordinance of the City of San Rafael Providing for Cost of Living In- crease for City Council, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REVIEW OF PRIORITY PROJECTS UNDER THE HOUSING & COMMUNITY DEVELOPMENT ACT - File 4-13-38 Council reviewed the staff report on the projects which were determined by the Priority Setting Committee for the 1978/79 fiscal year. Pickleweed Park was approved for development assistance in the amount of $100,000. Council accepted the report as submitted, and agreed to attempt to find funds for the handicapped facilities for the downtown area, which was excluded from the approved projects. Also, the Council members in the future will make every effort to attend and take part in the discussions on HCDA Funding. RE: REPORT ON ACTIONS OF THE PARKS & RECREATION COMMISSION - File 9-2-4 a. Request of Gallinas Village Community Services District re Joint Recreational Proarams Administered by the City - File 4-10-107 After reviewing the program, which the Parks & Recreation Commission and Recreation staff recommended be approved, Councilman Miskimen moved and Councilman Mulryan seconded, that the program be approved on a one-year trial basis. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixona and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. Request for Day Care Program at Bahia Vista School. Council reviewed the request, and the recommendation of the Parks & Recreation Commission and Recreation staff that the request be denied. Councilman Jensen moved and Councilman Mulryan seconded, to accept the recommendation of the Parks & Recreation Commission and deny the request for the Day Care Program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None c. Final Adoption of Recreation Department Goals and Policies. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the goals and policies as submitted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixona and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON LIABILITY INSURANCE - File 9-6-1 x 4-10-109 Council reviewed a report from staff in which the various types of insurance programs were outlined. Finance Director Coleman's and City Manager Bielser's recommendation was that the City establish a modified self-insurance program, with a $50,000 deductible. Two firms, R. L. Kautz and George Hills Company, were considered for administering the self-insurance program. After discussion Councilman Mulryan moved and Councilman Nixon seconded, to approve full coverage, excluding false arrest, bodily injury and collision on Police vehicles. AYES: COUNCILMEN: Mayor Bettini NOES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon ABSENT: COUNCILMEN: None Motion failed. 13 Councilman Nixon then moved and Councilman Miskimen seconded, to enter into a program with Admiral Insurance, with $50,000 deductible, at an annual premium cost of $104,335. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None RESOLUTION NO. 5395 - A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH R. L. KAUTZ FOR LIABILITY SELF-INSURANCE SERVICES AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5396 - RESOLUTION ESTABLISHING A LIABILITY INSURANCE RESERVE FUND ($50,000) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Jensen then moved and Councilman Nixon seconded, to approve staff recommendation that City should receive $10,433 from Redevelopment Agency for their contribution for next year's premium and $40,118 for their portion of premium for the last three years; the remaining premium of $85,257 to be funded from general fund reserve. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None Councilman Nixon then moved and Councilman Jensen seconded, that the policy exclude collision on Police cars. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Miskimen left meeting) RE: 1978/79 FEDERAL -AID URBAN PROGRAM - File 11-15-1 RESOLUTION NO. 5397 - APPROVING THE 1978/79 FEDERAL -AID URBAN PROGRAM RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen (Councilman Miskimen returned) RE: REQUEST OF MARIN MUNICIPAL WATER DISTRICT TO INCREASE HYDRANT RENTAL BY 234° - File 151 Council directed that a letter be sent to MMWD, objecting to the increase, and stating that if such increase is contemplated public hearings should be held and cities be allowed to discuss the matter with the Water District. RE: REVIEW OF SPECIAL CONDITIONS REQUIRED BY THE ECONOMIC DEVELOPMENT ADMINISTRATION Affirmative Action - File 7-4 Item discussed, and continued to January 16, 1978 meeting. RE: REVIEW OF ACTION OF MARIN COUNTY BOARD OF SUPERVISORS RE ONE-YEAR C.E.T.A. PROJECTS - File 4-13-41 Council reviewed staff report outlining a new set of rules unilaterally adopted by the Board of Supervi- sors regarding administration of the one year CETA projects. Under the new program the City is being asked to return approximately $40,000 which would be reprogrammed, and staff recommended that the funds be used for six projects requested by City departments, and requested authority to proceed with applica- tions for the projects. Staff also recommended that the Council voice its displeasure with the Board of Supervisors for formulat- ing new policy without prior consultation with cities and towns in Marin. Councilman Nixon moved and Councilman Jensen seconded, to accept the staff recommendations, and grant authority to proceed with applications. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 14 The Council adjourned to Executive Session to discuss property acquisition. EANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1978 MAYOR OF THE CIT ? -10F SAN RA AEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In Room 201, in the City Hall of the City of San Rafael, Monday, January 9, 1978, at 7:30 PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk Three applicants were interviewed for one vacancy on the Parks and Recreation Commission due to the resignation of Bruce Egnew: Richard L. Arnold Leonard F. Fisher George Obana City Manager Bielser informed the Council that a fourth applicant, Loretta Persichilli, had asked that her name be withdrawn. After deliberation Councilman Jensen moved and Councilman Nixon seconded, to appoint George Obana to fill the unexpired term of Bruce Egnew, which term expires October, 1978. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen The Council adjourned to their regular meeting of January 16, 1978. APPROVED THIS A E M. LEONCINI, City Clerk DAY OF , 1978. MAYOR OF THE CITY OF SAN RAFAEL 15 In the Council Chambers of the City of San Rafael, Monday, January 16, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of January 3 and January 9, 1978 Meetings Joint Powers Agreement - State Department of Parks & Recreation Grant Assistance Program File 4-10-106 x 2-1-55 Approval of Memorandum of Understanding with Gallinas Community Services District - File 4-10-107 x 9-2-4 Special Conditions Required by Economic Development Administration - File 7-4 Setting Public Hearing for Historical Landmark Designation for 418 Mission Avenue - File 13-14-2 Recommended Action Approved as submitted. RESOLUTION NO. 5399 - AUTHORIZING THE SIGN- ING OF A LEASE OR AGREEMENT (Joint Powers Agreement w/San Rafael Redevelopment Agency to Obtain State Grant Assistance for Pickleweed Park) RESOLUTION NO. 5400 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Memorandum of Under- standing with Gallinas Village Community Services District re Participation in City Recreation Programs) Continued to February 6, 1978 meeting. Public Hearing set for March 6 1978. Training Program, California State RESOLUTION NO. 5401 - AUTHORIZING AND Police Division - File 9-3-30 DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF SAN RAFAEL AND THE STATE OF CALIFORNIA STATE POLICE DIVISION AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT AND RECOMMENDATION BY PLANNING COMMISSION ON ADDITION TO SIGN ORDINANCE BY CITY COUNCIL File 125 x 9-2-10 x 9-2-6 Council reviewed report that the Planning Commission had unanimously recommended favorably to the City Council on the addition of a third paragraph to Sec. 14.12.08(A) on Page 30 of the Ordinance. Councilman Mulryan moved and Councilman Miskimen seconded, that the recommendation of the Planning Commission be accepted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - UP77-89 - CONVERSION OF RESIDENCE TO OFFICE; 527 MISSION AVENUE; ROBERT & JEANETTE PIDCOCK, OWNERS; ALLEN HOCK, REP.; R-3 DISTRICT; AP 14-083-02 - File 10-5 Mayor Bettini declared the public hearing opened. Planning Director Hotchner reviewed for the Council the Planning Commission's action at their meeting of December 13, 1977, in which they denied the use permit, with the finding that: The area is residen- tial and this denial was based upon preserving the residential use of the area, and to maintain the stock of moderate income housing, consistent with the stated goals of the General Plan. Mr. Hotchner informed the Council that the Planning Commission at their meeting on January 10, 1978 had passed a resolution regarding preservation of the residential neighborhood, citing the boundaries as outlined in the General Plan, and that this property falls within those boundaries. He stated that if the Council upholds the appeal they cannot adopt a resolution based on that approved by the Planning Commission; however, if the Council denies the appeal they can then adopt the resolution. Mr. John Thomason, who wishes to have a business in the residence at 527 Mission Avenue informed the Council that he had written a letter to the nearby residents, none of whom objected to the commercial use of the residence. Planning Commissioner Dorothy Breiner appealed to the Council to uphold the residential use of the neighborhood in question. W1, There being no further input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to deny the appeal. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5402 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CONCERNING PRESERVATION OF THE RESIDENTIAL NEIGHBORHOOD WHICH GENERALLY LIES IN THE AREA FROM THE SOUTH SIDE OF BELLE TO AND INCLUDING THE EAST SIDE OF GRAND, THE NORTH SIDE OF MISSION TO MARY STREET, WEST SIDE OF MARY TO FOURTH, TO IRWIN AND NORTH TO BELLE; EXCLUDING THOSE LOTS AND STRUCTURES FACING ON FOURTH OR ON IRWIN AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REVISED PERSONNEL RULES AND REGULATIONS FOR THE CITY OF SAN RAFAEL - File 7-2 Continued to a future date, to give administration an opportunity to meet with employee negotiating groups. RE: REPORT ON SAN RAFAEL YACHT CLUB LEASE REQUEST - File 2-8-11 Council considered a letter from the San Rafael Yacht Club, requesting extension of their lease agree- ment for an additional five years from April 1, 1978 when their current lease expires. Staff was directed to evaluate the lease and obtain an appraisal on the land on which yacht club stands. It was pointed out that the yacht club owns the building. Item was continued awaiting report from staff. RE: PROGRESS REPORT, NEIGHBORHOOD STANDARDS ORDINANCE - File 153 Council heard a report from Planning Director Hotchner on the progress being made by the Planning Commission on the ordinance. Mr. Hotchner was directed to pass on to the Commission that the Council is asking for completion of the ordinance and wants the Commission to place it on their next agenda. Also, homeowners' groups are to be notified that the Commission will be considering the ordinance at that time. RE: FALKIRK RESTORATION PROJECT - File 4-10-108 x 4-3-67 a. Notification of Grant Award Council reviewed a report from Assistant City Manager Meador that the City has been notified of a $45,000 award from the Office of Historic Preservation for the Falkirk Restoration Project. This award, when combined with other available monies, will permit completion of exterior repair and painting. Reconstruction of front stairs, which have been strengthened and do not present an immmediate hazard, will be deleted from the current project. b. Request for Authorization to Submit Additional Application Staff also requested approval to submit an application for funding in the next fiscal year for additional repairs. RESOLUTION NO. 5403 - APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR FALKIRK COMMUNITY CULTURAL CENTER PROJECT AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5404 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Re Grant Award for Falkirk Restoration Project) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BIDS, POLICE VEHICLES - File 4-2-125 x 9-3-30 Councilman Jensen moved and Councilman Miskimen seconded that all bids be rejected and re-advertized specifying a maximum distance so that servicing of vehicles would not be a problem. This stipulation had been omitted from specifications. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SENIOR CITIZEN HOUSING PROJECT - APPLICATION FOR FUNDING ASSISTANCE UNDER HOUSING AND COMMUNITY DEVELOPMENT ACT FOURTH & UNION STS. - File 147 Staff recommended that they be authorized to submit a grant application for land acquisition for $255,000, and $75,000 for other eligible activities connected with the Senior Citizen Housing Project at Fourth and Union Streets, and $300,000 for land acquisition for the second increment of this project. 17 Councilman Mulryan moved and Councilman Miskimen seconded, to approve the staff recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon,and Mayhor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Manager Bielser then asked permission to attempt to obtain the $85,000 in HCDA funds from last year, to be used possibly toward Albert Park renovation. The Council asked that the attempt be made, and agreed that part of the money if obtained could be used for curb cuts in the downtown area for the handicapped. RE: REPORT ON PG&E RATE INCREASES FOR LIGHTING a. Request for Additional Funds for Street Lighting - File 9-3-40 Staff recommended appropriation of an additional $155,000 for street lighting charges. b. Request to increase User Fees at Albert Park - File 9-10-2 x 9-3-65 Staff recommended increasing the fee for use of lights at the Albert Park baseball and softball fields from $6.00 to $8.00 per hour. Staff also recommended that they be authorized to investigate the feasibility of hiring an expert to analyze the City's street lighting system to determine if substantial reductions can be made by revising the street lighting system. Councilman Nixon moved and Councilman Miskimen seconded, to approve the staff recommendations. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON 219 CANAL STREET - File 9-3-32 x 9-3-40 Council heard from members of the Canal Community Council and from residents of 219 Canal Street, with regard to needed repairs. Staff reported that repairs have begun on the property, and an inspector from the Building Division of Public Works Department is inspecting the progress of the work. Wm. Desmond, Director of the County's Environmental Services, explained the function of his office in reporting unsafe and/or unsanitary conditions and deficiencies as they are found. After discussion, staff was directed to set up a system for taking care of structural deficiencies, working in conjunction with Environmental Services. RE: RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION RE PROPOSED COMMUNITY THEATER GROUP - File 9-2-24 Council reviewed the proposal for a community theater group, to commence at Falkirk and later move to the Community Center. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the program, and to review it after a year. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON ASSEMBLY BILL 884 (DEVELOPMENT PROJECTS - ENVIRONMENTAL QUALITY) - File 162 x 9-3-16 Council reviewed a resume' of the Bill, and after discussion with Assistant City Attorney Bullard, directed that a task force be formed to present observations and recommendations to the Council at an early date. Council adjourned to Executive Session to discuss property acquisition. ANNE M. LEON INI, ity Clerk APPROVED THIS b 76/ DAY OF 1978. MAYOR OF THE CITY Or SAN RAFAEL W In the Council Chambers of the City of San Rafael, Monday, February 6, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of January 16, 1978 Meeting Claim for Damages - Lily B. Cuneo and Joseph D. Cuneo - File No. 3-1-318 Resolution Establishing Fees for Organizations Desiring to Provide Bingo Playing - File 13-8 Grant of Easement - Off Diaz Way in Terra Linda File 2-2 Revised Agreement with PG&E for Gas Service - Civic Center Fire Station - File 4-1-261 Business License Fees for Mini -Warehouses - Status Review - File 9-10-2 Amendment to 1975 DNOD Loan Agreement to Correct Payment Schedule - File 4-10-81 Report on Meeting with Marin County Health Department (Building Code Violations) - File 9-3-32 x 9-3-40 Right of Entry and Hold Harmless Agreement for Wolfe Grade Slide Repair - File 4-10-110 Rescheduling of Second Council Meeting in February - File 9-1 Communication from United Cerebral Palsy Association - File 154 Progress Report on Cable Television Matters - Pilo Q -7-a Appeal of Denial of Permit for Hot Tub Facility. Appeal of Decision of Planning Commission - P77-19 General Plan Amendment - Business & Industrial Review Area to Multi -use Activity Center, end of Andersen Drive (Maggiora & Ghilotti, Inc., owners) Recommended Action Approved as submitted. Denied and referred to insurance carrier. RESOLUTION NO. 5405 - ESTABLISHING FEES FOR ORGANIZATIONS DESIRING TO PROVIDE BINGO PLAYING RESOLUTION NO. 5407 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR ACCESS AND ROADWAY PURPOSES RESOLUTION NO. 5408 - AUTHORIZING THE SIGNING OF A REVISED GAS SERVICE CONTRACT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR GAS SERVICE TO THE CIVIC CENTER FIRE STATION Confirmed existing fees. RESOLUTION NO. 5409 - AUTHORIZING EXECUTION BY THE MAYOR AND CITY CLERK OF THE AMENDMENT TO THE CALIFORNIA DEPARTMENT OF NAVIGATION & OCEAN DEVELOPMENT LOAN AGREEMENT Report accepted. RESOLUTION NO. 5410 - AUTHORIZING EXECUTION OF A RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT WITH JOHN CONNOR, 20 UPPER TOYON ROAD, SAN RAFAEL, CALIFORNIA Due to Holiday, meeting Rescheduled to February 21, 1978. Referred to Police Department. Continued to March 20, 1978 meeting. Public Hearing set for February 21, 1978 meeting. Continued to March 6, 1978 meeting at Request of Appellant. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 19 RE: EXTENSION OF TIME FOR NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 - File 5-1-220 RESOLUTION NO. 5406 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL EXTENDING TIME FOR COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 (To & including December 3, 1978) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: SHANNON SUBDIVISION - File 5-1-235 After discussion, Councilman Miskimen moved and Councilman Jensen seconded, to approve the Parcel flap for Four -Lot Subdivision on Lot 7. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5411 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT DEED OF ADDITIONAL RIGHTS-OF-WAY, SHANNON SUBDIVISION, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5412 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AGREEMENT WITH DEVELOPER, SHANNON SUBDIVISION, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PROPOSAL FOR FIRE STATION LOCATION STUDY - 9-3-31 After discussion regarding whether the subject study would look toward possible consolidation within the Fire Department regarding fire stations, Councilman Mulryan moved and Councilman Miskimen seconded, to approve a contract with Public Technology, Inc., for a fire station location study in the amount of $3,500, to be funded by surplus funds in the Fire Department budget. AYES: COUNCILMEN: Jensen, Miksimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - UP77-96 & V77-25 - OFFICE CONVERSION, WITH NO PROVISION FOR ON-SITE PARKING; 2 BROOKDALE AVENUE; STANLEY FEINGOLD, OWNER & REP.; R-3 DISTRICT; AP 11-094-11 File 10-4 x 10-5 Mayor Bettini declared a conflict of interest and left the meeting. Vice -Mayor Jensen presided. Vice -Mayor Jensen declared the public hearing opened. Planning Director Hotchner briefed the Council, stating that staff agrees that the end of the street is not used for public street parking purposes, and that there is space there which could be used for parking. Title should be searched to see whether the City actually owns that area and, if not, Mr. Feingold should take action to get a conveyance of the area to himself. Mr. Feingold stated that he is seeking a conditional variance and use permit while he pursues the title search on the area in question. He stated he has a title company presently conducting a title search. He lost his lease in his former quarters and is presently conducting business at 2 Brookdale. Mr. Hotchner stated that, in effect, conducting the business at 2 Brookdale without a use permit is illegal and that any action taken aside from having the Code Enforcement Officer close the business down, would have to allow the appellant a time limit to try to remedy the situation by acquiring the property for parking. Mr. George Sinnott, whose mother owns the Lincoln Market at Linden Lane and Lincoln Avenue, asked for additional parking at the side of the market on Linden Lane. Mrs. Debbie Baker of 29 Brookdale spoke, opposing additional businesses located in their area. Mr. Feingold stated that his use of the house is not a commercial one, in that there will be very little traffic generated, and cited that many legal offices are even conducted in homes throughout the area. Vice -Mayor Jensen declared the public hearing closed. After discussion Councilman Mulryan moved and Councilman Miskimen seconded, to grant conditional use for 120 days, allowing time for the appellant to acquire property for parking. If he is not success- ful he will come back to the Council with an explanation. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini 20 Councilman Mulryan then moved and Councilman Miskimen seconded, to grant a conditional variance to run parallel to the use permit. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini (Mayor Bettini returned to the meeting.) RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z78-1) TO ADD MOTOR VEHICLE SERVICE USE DEVELOPMENT STANDARDS AND RELATED CHANGES - File 10-3 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. An Ordinance of the City of San Rafael Amending Title 14, Zoning, of the San Rafael Municipal Code by Amending Ordinances Nos. 1020, Sec. 1 and 1007, Sec. 1 (Part), as Codified at Sections 14.08.140 M., 14.52.050 and 14.56.020 Respectively, and Adding a New Chapter 14.63 Entitled, "Motor Vehicle Service Uses", and numbering Charter Ordinance No. 1288, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The public hearing was reopened, in order to hear Steve Horgan, who stated that he had misunderstood the proceedings, and wished to speak on the subject of restrictions on motor vehicle service estab- lishments. Mr. Horgan was the lessee of 1542 Fourth Street, San Rafael, where he operated R&R Trans- mission Service, which was destroyed by fire on April 23, 1977. Planning Director Hotchner stated that wherever motor vehicle service uses are to exist they must exist subject to the conditions of the ordinance. Councilman Jensen stated he felt it was a moral issue, that since an existing business was burned out it should be allowed to resume operation despite new regulations. After discussion, Planning Director Hotchner suggested a compromise - since Mr. Horgan's problem re- volves about deleting from the C-2 zone the capacity by use permit to have this type of use - that a change be made in what the Planning Commission recommended to the Council, and pass the ordinance to print with the change, to leave this category in the conditional uses and refer it back to the Plan- ning Commission for recommendation, and pass the ordinance to print. If it is adopted in this way, Mr. Horgan or anyone else still has a capacity to apply for a use permit in a C-2 zone for an automo- bile service use, and to have it judged on its merits at the time it comes in. Mayor Bettini stated he feels the ordinance is a good one, and he feels Mr. Horgan has a special problem which would give him the right to come back in and build a building because he had a business there for 17 years, providing he meets the present day standards of the building, the parking require- ments and everything else which goes along with the present ordinance. Councilman Mulryan moved and Councilman Miskimen seconded, to rescind the previous motion passing subject ordinance to print. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Mayor Bettini then closed the public hearing. Councilman Mulryan moved and Councilman Jensen seconded, to grant this type of conditional use in a C-2 zone, and to refer to the Planning Commission for report and recommendation the proposed change, and pass the ordinance to print with the informal understanding that staff will bring this back to the Council for an amendment. An Ordinance of the City of San Rafael Amending Title 14, Zoning, of the San Rafael Municipal Code by Amending Ordinances Nos. 1020, Sec. 1 and 1007, Sec. 1 (Part), as Codified at Sections 14.08.140 M., 14.52.050 and 14.56.020 Respectively, and Adding a New Chapter 14.63 Entitled, "Motor Vehicle Service Uses", and numbering Charter Ordinance No. 1288, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - ZONING TEST AMENDMENT (Z78-2) TO ADD ZONING ADMINISTRATOR OFFICE - File 9-3-17 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. An Ordinance of the City of San Rafael Amending Title 14 of the San Rafael Municipal Code by Adding a New Chapter 14.82 Entitled, "Zoning Administrator", and numbering Charter Ordinance No. 1289, was read, introduced and ordered passed to print by the following vote, to wit: 4i AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5413 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING PROCEDURES FOR IMPLEMENTATION OF ZONING ADMINISTRATOR AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5414 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE SCHEDULE BY ADDING FEES FOR APPLICATIONS THAT ARE TO BE ACTED UPON BY THE ZONING ADMINISTRATOR AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon (Councilman Miskimen left meeting) RE: PUBLIC HEARING - PREZONING (PreZ78-3) B -BAR -A TRAILER RANCH; 742 FRANCISCO BLVD. (AP 18-011-06 FROM COUNTY; M -1-H TLIGHT INDUSTRIAL) ZONE TO CITY; 'U" (UNCLASSIFIED) DISTRICT - File 5-2-74 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Jensen seconded, to make a negative declaration as to environmental impact. AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from M -1-H (Light Industrial) District to U (Unclassified) District, and numbering Charter Ordinance No. 1290, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon RESOLUTION NO. 5415 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPLYING TO THE MARIN LOCAL AGENCY FORMATION COMMISSION FOR AN ANNEXATION OF REAL PROPERTY KNOWN AS B -BAR -A TRAILER RANCH, 742 FRANCISCO BOULEVARD (A.P. No. 18-011-06) PURSUANT TO THE MUNICIPAL ORGANIZATION ACT AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon (Councilman Miskimen returned; Councilman Jensen left meeting) RE: HANDICAPPED PARKING RESOLUTION - File 13-1-1 RESOLUTION NO. 5416 - RESOLUTION OF THE CITY OF SAN RAFAEL DESIGNATING PARKING SPACES FOR DISABLED PERSONS AND ENFORCING ILLEGAL USE OF DESIGNATED SPACES FOR THE DISABLED PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 22511.7 AND 22511.8 AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon RE: FINAL ADOPTION - ORDINANCE NO. 1287, AMENDING TITLE 14 - "ZONING" OF THE SAN RAFAEL MUNICIPAL CODE BY REPEALING AND RE-ENACTING CHAPTER 14.12 THEREIN, ENTITLED, SIGN ORDINANCE - File 125 x 9-2-10 x 9-2-6 CHARTER ORDINANCE NO. 1287 - An Ordinance of the City of San Rafael Amending Title 14 "Zoning" of the San Rafael Municipal Code by Repealing and Re-enacting Chapter 14.12 Therein, Entitled, "Sign Ordinance", was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon Adoption included provision for correction of wording in Chart 14.12.02A. (Councilman Jensen returned to meeting) RE: URGENCY ORDINANCE TO EXTEND DOWNTOWN REVIEW DISTRICT BOUNDARIES ALONG BOTH SIDES OF FOURTH STREET FROM LOOTENS PLACE EASTWARD TO HETHERTON STREET - File 10-2 x /0,1 CHARTER ORDINANCE NO. 1291 - An Urgency Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to Designate Certain Real Properties with a DRD (Downtown Review District) Overlay Zone, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: 22 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON MEETING RE DIXIE SCHOOL FIELDS - File 4-7-3 Councilman Mulryan moved and Councilman Jensen seconded, to authorize staff to prepare joint powers agreements with Dixie School District for use of athletic fields at Oak View and Bernard Hoffman schools. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON DISTRIBUTION OF HCDA HOUSING FUNDS - File 147 Council heard a report from City Manager Bielser, that San Rafael had been completely denied any opportunity to use the $1,064,500 1978/79 appropriation for the cities in Marin County for housing. After discussion Councilman Mulryan moved and Councilman Jensen seconded, to authorize staff and a member of the Council to appear before the Board of Supervisors at their February 7th meeting and carry the message that the City of San Rafael feels it should be considered for housing assistance funding; and that if the City is not included it will pull out of the program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON INSURANCE MATTERS - File 9-6-1 After hearing a report from Finance Director Coleman, Councilman Mulryan moved and Councilman Miskimen seconded that: Claims up to $1,000 be handled by R. L. Kautz Co.; claims over $1,000 be on Council's consent calendar, with recommendation from Claims Review Board and R. L. Kautz; defense of claims up to $5,000 be handled by City Attorney's Office, and that claims over $5,000 be handled by an outside law firm. R. L. Kautz and City's insurance carrier to be asked for recommendations for local legal firms. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: DISCUSSION OF FORMATION OF CITIZENS COMMITTEE TO ANALYZE THE JARVIS/GANN INITIATIVE - File 9-4 After discussion, it was decided to not pursue the citizens' committee idea. The City Manager will prepare, as soon as possible, a comprehensive report for the Council, on curtail- ment of operations in the event the Jarvis/Gann initiative is successful in June. The report will be based on department heads' determinations regarding possible cutbacks within their departments. The Council will use the City Manager's report as a basis for their deliberations in the event the initia- tive is successful. (Councilman Jensen left due to illness) RE: REQUEST FROM CULTURAL AFFAIRS COMMISSION RE APPOINTMENT OF COUNCIL COMMITTEE - File 9-2-24 In response to a request from the Cultural Affairs Commission for a meeting with two Council members to discuss future programming goals and objectives for the Falkirk Community Cultural Center, Councilmen Miskimen and Mulryan were asked to make arrangements to attend a Cultural Affairs Commission meeting in the near future. RE: RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION RE SHOWCASE CONCERTS - File 9-2-24 Cultural Affairs Commission requested approval of a proposed program for a series of showcase concerts at Falkirk. The performers would not be paid and the concerts would be offered free of charge to the public. Tentative dates would be February 17th and March 10, 1978. Councilman Miskimen moved and Councilman Mulryan seconded, to approve the concerts. AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon RE: DISCUSSION OF MAKEUP OF COUNTY MANPOWER COMMISSION - File 164 Council considered a report from City Manager Bielser, pointing out that local government is not well represented on the County Manpower Commission, and approved staff recommendation that they seek discus- sion with the Board of Supervisors to reform the unfair situation with respect to representation by and for cities. RE: COMMUNICATION FROM TRINITY COMMUNITY CHURCH RE USE OF SAN RAFAEL HILL FOR EASTER SERVICES - File 4-10-102 RESOLUTION NO. 5417 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Trinity Community Church re Conducting of Easter Sunrise Services on San Rafael Hill) AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon 03 RE: REQUEST FROM PILGRIM PARK APARTMENTS RE ADVANCE OF FUNDING - File 4-10-105 Council considered a request from Pilgrim Park Apartments for advance of funds for installation of a new roof, and interior improvements in the Recreation Center, for a total cost of $37,800. Council suggested that it would be preferable for the County to advance the funds. The City will write the Board of Supervisors and urge them to take positive action. RE: REPORT ON EASTERN MARIN-SOUTHERN SONOMA WASTEWATER MANAGEMENT PLAN - File 165 After discussion, Council directed staff to prepare a letter similar to that sent by the City of Larkspur. Letter will be signed by all Council members at the February 21, 1978 meeting. The Council adjourned to Executive Session to discuss property acquisition. E NE M. LEONCINI, City Clerk APPROVED THIS � -/t/—D A Y OF , 1978. t: �'-/ � A /-- �-./ MAYOR OF THE CIT OF SAN RAFAEL 24 In the Council Chambers of the City of San Rafael, Tuesday, February 21, 1978, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: PRESENTATION BY U.S. COAST GUARD - File 9-3-30 Commander Charles S. Mincks, U.S. Coast Guard, read a letter from Vice Admiral A. C. Wagner, Commander, Twelfth Coast Guard District, commending the San Rafael Police Department and particularly the personnel assigned to the marine division for the assistance and support provided to the Coast Guard during re- cent months. The letter stated that the actions of officers (dark Hedeen and Charles O'Neill of the "Mission City" have been highly commendable. RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the following consent calendar items: Item Claim for Damages - Chris Madera File No. 3-1-320 Abatement of Fence Encroachment at 42 Miramar Avenue - File 3-3-24 Report on Urban Thoroughfare System Fila a -11-A AYES: COUNCILMEN: Miskimen, Mulryan, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Recommended Action Denied and referred to insurance carrier. Set public hearing for March 6, 1978. Accepted report. Nixon and Vice -Mayor Jensen RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - KENNETH EDWARD MORGAN - File 3-1-325 Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and to deny the claim and refer it to the insurance carrier. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - GARY WAYNE HAYES - File 3-1-323 Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and to deny the claim and refer it to the insurance carrier. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REQUEST TO ACCEPT FILING OF LATE CLAIM FOR DAMAGES - DENNIS P. LANIGAN - File 3-1-324 Councilman Mulryan moved and Councilman Miskimen seconded, to not accept the late filing, and to deny the claim and refer it to the insurance carrier. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: CLAIM FOR DAMAGES - MARY E. O'MALLEY - File 3-1-319 Councilman Mulryan moved and Councilman Nixon seconded, to deny the claim and refer it to the insurance carrier. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: COOPERATIVE AGREEMENT WITH STATE FOR LUCAS VALLEY ROAD INTERCHANGE - File 4-8-20 Councilman Mulryan inquired with respect to agreements with the Smith development on the East side of the highway, and with Fireman's Fund on the West side, for contributions toward the development. 25 Public Works Director Caillouette stated that in the matter of Smith, in their approval of their master plan they have agreed to put up $100,000 for the northbound on-ramp. The money would be used for that purpose. As far as a contribution to the interchange work itself, CALTRANS made an extensive study of that and it was their opinion, and that of their legal staff, that they did not want to accept contribu- tions on that particular basis because it brings up many problems as to rights, etc. That is their position, and that is why there was nothing done as far as Fireman's Fund is concerned. Fireman's Fund has money up for the signalization. Councilman Mulryan asked whether the State would then take care of the main contribution. Mr. Caillouette replied that is essentially correct. Councilman Miskimen then moved and Councilman Mulryan seconded, to approve the resolution authorizing the signing of the cooperative agreement with the State, and appropriation of $16,000 for the City's share of the project cost. RESOLUTION NO. 5418 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA FOR CONSTRUCTION OF INTERIM IMPROVEMENTS AT THE LUCAS VALLEY ROAD INTERCHANGE WITH ROUTE 101 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RF- inINT POWERS AGREEMENTS BETWEEN DIXIE SCHOOL DISTRICT AND CITY OF SAN RAFAEL RE: File 4-7-3 a. Oak View Elementary School Playfield. Councilman Mulryan stated he would like the Agreement with Dixie Schools regarding the use of the playfield be amended to assure that the time allotted to Easter Seals would not be expanded. Recrea- tion Director Jauch was requested to amend the Agreement accordingly. RESOLUTION NO. 5419 - A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Dixie School District - Joint Powers Agreement Re: Oak View Elementary School Playfield) (As amended in accordance with Council instructions) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini b. Bernard Hoffman Elementary School Playfield. RESOLUTION NO. 5420 - A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Dixie School District - Joint Powers Agreement Re: Bernard Hoffman Elementary School Playfield) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT FOR STORAGE COMPARTMENTS AT THIRD & LOOTENS - File 2-8-15 RESOLUTION NO. 5421 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT (With Hector Rubini for two enclosed compartments for storage underneath and created by the ramps which form part of the parking structure at the northwest corner of Third and Lootens) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini There being no objection from the public, the following agenda item was taken up, out of numerical sequence: RE: ORDINANCE AMENDING ORDINANCE NO. 1261 OF THE SAN RAFAEL MUNICIPAL CODE AS CODIFIED AT CHAPTER 8.34 ENTITLED, REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES - File 9-10-3 After discussion, it was agreed that subparagraph (c) of Section 8.34.080, pertaining to walls in all rooms where water or steambaths are given having a washable, mold -resistant surface, should be deleted. An Ordinance of the City of San Rafael Amending Ordinance No. 1261 of the San Rafael Municipal Code as Codified at Chapter 8.34 Entitled, "Regulations for Massage Establishments, Massage Services and Public Bathhouses" and numbering Charter Ordinance No. 1292, was read, introduced and ordered passed to print (as amended) by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - BUILDING PERMIT DENIAL - PUBLIC HOT TUB SPA AT 1495 FRANCISCO BLVD., SUITE "D", SAN RAFAEL; JOSEPH J. BERTO, APPELLANT - File 9-10-3 Vice -Mayor Jensen declared the public hearing opened. Mr. Berto stated that he wished to withdraw his appeal because, with the passing of the ordinance on public bathhouses, there should be no problem with his permit. 26 There being no additional public input, Vice -Mayor Jensen declared the public hearing closed. Councilman Mulryan moved and Councilman Miskimen seconded, to sustain the appeal. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini There being no objection from the public, the following item was taken up out of numerical sequence. RE: RECOMMENDATIONS RE POLICE/FIRE BOAT - File 4-2-127 x 9-3-30 Report on Condition of Boat After discussion on repair or replacement of engines on the boat, Councilman Mulryan moved and Council- man Nixon seconded, to approve replacement of the present system by purchase of two 4 -cylinder Mercury engines, 120 HP, to include fresh water cooling and existing outdrives, at an estimated cost of $4,687. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON EDA AFFIRMATIVE ACTION REQUIREMENTS - File 7-4 Personnel Director Uchida briefed the Council on the report and the proposed Affirmative Action Plan. Staff recommendation was that the Council adopt the Affirmative Action Plan and submit it to EDA in order to comply with the special condition attached to the $56,000 EDA Grant for Falkirk restoration. Council decided that the Plan should be reviewed annually and brought back to them for possible revision and re-establishment of goals and time tables. Councilman Nixon moved and Councilman Mulryan seconded, to approve staff recommendations regarding approval of plan and forwarding to EDA. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Councilman Nixon commended Mr. Uchida on his fine work in preparing the report. RE: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN CITY AND SHELL OIL COMPANY RE LEASE OF PROPERTY AT SECOND STREET & LINCOLN AVENUE - 2-8-12 RESOLUTION NO. 5422 - RESOLUTION AUTHORIZING AN AGREEMENT TO RENT DURING PERIOD OF FIVE YEAR OPTION (With Shell Oil Co., property at Second and Lincoln, owned by City) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PROPOSED RESPONSE TO EPA ON EIS AND.EIR FOR EASTERN MARIN/SONOMA WASTEWATER FACILITIES PLAN - File 165 Public Works Director Caillouette presented a draft of a letter to the U.S. Environmental Protection Agency, as directed by the Council. Councilman Miskimen moved and Councilman Nixon seconded, to approve the draft, and stipulated that the letter is to be signed by Vice -Mayor Jensen. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1288 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING ORDINANCES NOS. 1020 Sec. 1 and 1007 Sec. 1 (PART), AS CODIFIED AT SECTIONS 14:08.140 M., 14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED, MOTOR VEHICLE SERVICE USES - File 10-3 Mr. John Sowden of Auto -Tronics, and Mr. Robert Hoffman of Hoffman Tire Center, addressed the Council, asking them to defer final adoption until the business community can study the ordinance. Council agreed to defer action on final adoption for 30 days and directed that in the meantime staff meet with Messrs. Sowden and Hoffman and possibly the Chamber of Commerce, to discuss and explain the provisions within the ordinance. RE: FINAL ADOPTION - ORDINANCE NO. 1289, AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 14.82 ENTITLED, ZONING ADMINISTRATOR - File 9-3-17 CHARTER ORDINANCE NO. 1289 - An Ordinance of the City of San Rafael Amending Title 14 of the San Rafael Municipal Code by Adding a New Chapter 14.82 Entitled, "Zoning Administrator" was adopted as an ordinance of the City of San Rafael by the following vote, to wit: 27 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1290 - AMENDING ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM M -1-H LIGHT INDUSTRIAU DISTRICT TO U UNCLASSIFIED DISTRICT B -BAR -A TRAILER RANCH - File 5-2-74 CHARTER ORDINANCE NO. 1290 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from M -1-H (Light Industrial) District to "U" (Unclassified) District (B -Bar -A Trailer Ranch), was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON UNEMPLOYMENT INSURANCE - File 7-1-28 Council heard a report from Finance Director/Treasurer Coleman, setting forth three options available to the City for funding unemployment insurance. Councilman Nixon moved and Councilman Miskimen seconded, to approve joining the Public Entity Employees Fund (which has a rate of .8% of gross payroll), and stipulated that if, after two years, we have a surplus of funds we consider dropping out and going on a reimbursement basis. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini ADD ITEM: RE: ATTENDANCE OF COUNCIL MEMBERS AT NATIONAL LEAGUE OF CITIES CONFERENCE - File 9-1 Councilman Mulryan asked the Council to approve his and Mayor Bettini's attendance at the National League of Cities Conference in Washington, DC March 5th through 7th. Councilman Miskimen moved and Councilman Nixon seconded, to approve Mayor Bettini's and Councilman Mulryan's attendance at the National League of Cities Conference in Washington, DC. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini The Council adjourned to Executive Session to discuss property acquisition. ANNE M. LEO/NCCINI, City Clerk APPROVED THIS DAY OF 1978. VICE -MAYO OF THE"CITY OF SAN RAFAEL Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency in Room 201 of the San Rafael City Hall, on Saturday, February 25, 1978, at 9:00 AM. Joint Meeting: City Council and Redevelopment Agency Also Present: William J. Bielser, City Manager. Present: Lawrence E. Mulryan, Councilman and Chairman, Redev. Agency John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Fred E. Jensen, Councilman A joint meeting was held to consider hiring of personnel. The City Council/Redevelopment Agency met in Executive Session, and then adjourned to Public Session. City Manager Bielser was instructed to offer the position of Community Development Director to one of the candidates interviewed. Meeting adjourned to the next regular meeting of March 6, 1978. ANNE M. LEONCINI City Clerk/Agency Secretary APPROVED THIS % -,;t/ DAY OF 1978. CHAIRMAN, SAN RAFAEL RED VELOPMENT AGENCY 29 In the Council Chambers of the City of San Rafael, Monday, March 6, 1978, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Lawrence E. Mulryan, Councilman Also Present: Raymond L. Meador, Assistant City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the fol- lowing consent calendar items: Item Approval of Minutes of February 6, 21 and 25, 1978 Meetings. Grant of Street Right -of -Way - Jacoby Street File 2-2 Contractual Agreement - Cooperative Per- sonnel Services, State of California - File 4-10-56 - North Bay Cooperative Library System Financial Statement, June 30, 1977 - File 4-10-83 Recommended Action Approved as submitted. RESOLUTION NO. 5423 - ACCEPTING CONVEYANCE OF STREET RIGHT-OF-WAY - JACOBY STREET, SAN RAFAEL, CALIFORNIA RESOLUTION NO. 5424 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/State of Calif. for Cooperative Personnel Services, March 20, 1978, terminating March 19, 1981) Report accepted. Appeal from Planning Commission Decision - Public Hearing set for March 20, 1978. s77-35 - Single -Lot Subdivision; 96 Peacock Drive; Marin Title & Guaranty Co., owner; Michael Broughton, rep.; P -C District; AP 184-020-06 - File 10-8 Status Report, Historical Survey Program - Report accepted. File 13-14-2 Appeal of Decision of Planning Commission - Continued to April 17, 1978 at request of appellant. P77-19, General Plan Amendment - Business & Industrial Review Area to Multi -Use Activity Center, end of Andersen Drive (Maggiora & Ghilotti, Inc., owners) - File 10-6 Progress Report - Safety and Training Report accepted. Program - File 7-4-6 AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: PUBLIC HEARING - HISTORIC LANDMARK DESIGNATION, 418 MISSION AVENUE; MRS. HEDWIG ZAUNMULLER, OWNER; AP 14-054-20 - File 13-14-2 Hearing continued to March 20, 1978 meeting at request of Mayor Bettini. RE: PUBLIC HEARING - NUISANCE ABATEMENT, 42 MIRAMAR AVENUE; JACK R. HENDRICKSON AND MARY A. MAYER, OWNERS - File 3-3-24 Vice -Mayor Jensen declared the public hearing opened. Public Works Director Caillouette briefed the Council on the problem, stating that a City -owned white painted wood delineating railing, which was in poor repair, had been replaced last August by the owner of 42 Miramar, with a fence six feet high and of solid construction. He stated that the new fence was constructed without prior consultation, discussion or approval, written or oral, with the Public Works Department. The fence encroaches into the City right-of-way six to seven feet. Jack Hendrickson informed the Council that he has sold the property, and stated that if the fence is moved back as far as the Public Works Department specified it would destroy the back yard. He said the address of the property is now 21 Wood Street, and that the former front of the property is now the rear. He also stated that a shorter fence would take away the privacy of the present owners due to the floor plan of the newly -built house which was constructed on the same foundation but with a different floor plan. The new owner, a Mr. Cooper, stated that he thought the matter of the fence had been resolved until he learned of the public hearing. Bruce Hopper of 3 Miraflores, presented a petition signed by neighbors, stating that the fence blocks the vision of drivers approaching the corner of Miramar and Miraflores and citing among other items 30 that the owners have not provided parking space at their new entrance on Wood Street. They asked im- mediate abatement proceedings with regard to the fence, and that the City direct Mr. Hendrickson to provide off-street parking within 90 days from the date of this public hearing. Planning Director Hotchner reported that there is no record of any formal Planning Commission action in this matter. There being no further input, the public hearing was declared closed. Councilman Nixon moved and Councilman Miskimen seconded, to adopt the staff recommendation and order abatement of this public nuisance. RESOLUTION NO. 5425 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF PUBLIC NUISANCE (Fence at 42 Miramar) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini Bob Silverman of 106 Miramar stated he is still concerned about the parking on Wood Street, and asked if something can be worked out. Mr. Caillouette stated that a survey is required and so far Mr. Hendrickson has not wished to have one. He stated that he will again attempt to work out this problem with Mr. Hendrickson, and that if it can- not be worked out, the problem may have to come back to the Council. RE: PLANNING COMMISSION INTERIM REPORTS: a. Property Maintenance Ordinance - File 153 Council heard a brief report from Planning Commission Chairman Dorothy Breiner, in which she stated the Commission desired to keep the Council informed of their progress and see if the Coun- cil wished to make any changes in the actions of the Commission thus far. Councilman Nixon moved and Councilman Miskimen seconded, to support the Commission recommendations on the Property Maintenance Ordinance and ask that they proceed as quickly as possible with the final draft. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini b. Floating Homes and Floating Home Marinas Ordinances - File 144 Chairman Breiner then reported to the Council that the Commission feels that the current situation on this subject is not out of hand, nor likely to get out of hand, and not demanding of any imme- diate action. The Commission therefore requests that this project be given a low priority. Councilman Nixon moved and Councilman Miskimen seconded, to approve the present approach by the Planning Commission on this subject, and agreed that it be given a low priority. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: RECOMMENDATION OF FIRE COMMISSION RE PARAMEDIC PROGRAM - File 9-3-31 Fire Commission Chairman Dan Dufficy asked the Council to consider the feasibility of paramedic train- ing to upgrade the present level of competence by firemen on their medical aid calls. This would not involve purchase of additional vehicles or equipment or employment of additional manpower. After discussion Councilman Nixon moved and Councilman Miskimen seconded, to approve the program in con- cept, and ask that it be brought up at budget time for evaluation of the possibility of entering into the program. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1292 - AMENDING ORDINANCE NO. 1261 OF THE SAN RAFAEL MUNICIPAL CODE AS CODIFIED AT CHAPTER 8.34, "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES - File 9-10-3 CHARTER ORDINANCE NO. 1292 - An Ordinance of the City of San Rafael Amending Ordinance No. 1261 of the San Rafael Municipal Code as Codified at Chapter 8.34, "Regulations for Massage Establishments, Massage Services and Public Bathhouses", was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini 31 RE: PROPOSAL TO FILE APPEAL TO NEW STATE FISH & GAME GUIDELINES RE WETLANDS MITIGATION - File 12-19 Councilman Miskimen moved and Councilman Nixon seconded, that the City of San Rafael file an appeal to the State Resources Agency for Preservation of Wetlands, regarding their guidelines. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: REPORT ON BIDS, POLICE COMMUNICATION SYSTEM - File 4-2-126 x 9-3-30 Staff reported that only one bid had been received, from Motorola, and recommended that the bid be re- jected and staff be authorized to re -advertise so that other bids may be solicited. Staff will report back at the April 3rd meeting. Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation, reject the bid received, and re -advertise. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE PROGRAMS: File 9-2-24 a. Spring 1978 Program Councilman Miskimen moved and Councilman Nixon seconded, to approve the Spring 1978 Program. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini b. Proposed Fall Festival Program Commissioner Mary Dekker informed the Council that the Commission would like to offer a $200.00 award for the best photos, or a series of 12 photos, which best document the Falkirk restoration process, as a part of the Fall Festival Program. Various methods of obtaining the award money were discussed, but it was agreed that this can be discussed again, closer to the time of the festival. RE: PARKS & RECREATION COMMISSION RECOMMENDATION RE APPROVAL OF 1978 SPRING RECREATION PROGRAM - File 9-2-4 x 9-3-65 Councilman Nixon moved and Councilman Miskimen seconded, to approve the 1978 Spring Recreation Program as presented. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES RE: File 9-3-65 a. Tennis Program RESOLUTION NO. 5426 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Paul F. Murray, for Tennis Instruction, 1978 Spring Recreation Program) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini b. Judo Program RESOLUTION NO. 5427 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Marin Self Defense School for Judo Instruction, 1978 Spring Recreation Program) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini c. Photography Program RESOLUTION NO. 5428 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Carl Parfitt, for Photography Instruction, 1978 Spring Recreation Program) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: RESOLUTION AUTHORIZING EXTENSION OF JOINT POWERS AGREEMENT FOR OPEN SPACE (Re Property Formerly Owned by Knox, Nock and Turrini) - File 4-13-51 32 RESOLUTION NO. 5429 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Marin Co. Open Space District, Joint Powers Agreement to provide for joint ownership of property formerly owned by Knox, Nock and Turrini) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini ADD ITEMS (Not on Agenda) RE: MODIFICATION OF AGREEMENT, FALKIRK RESTORATION - File 4-1-265 Assistant City Manager Meador requested the Council adopt a resolution authorizing the Mayor and City Clerk to sign a technical modification to the previous agreement re monies received by the contractor from the State in the amount of $45,000 for Falkirk restoration. RESOLUTION NO. 5430 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With State of California, Department of Parks & Recreation, for Amendment to Project Agreement for Project No. 06-76-00182-00 - Restoration of Falkirk) AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: RESOLUTION REQUESTING ALLOCATION OF URBAN THOROUGHFARE FUNDS - File 4-13-8 Public Works Director Caillouette presented a report regarding efforts to secure Urban Thorough- fare Funds totaling $157,625 for assistance on City projects. This would involve $83,625 from Urban Thoroughfare, and $74,000 from Marin County's share of Rule 20 Funds for undergrounding of utilities. RESOLUTION NO. 5431 - RESOLUTION REQUESTING ALLOCATION OF FUNDS FROM THE COUNTY ROAD FUND OF THE COUNTY OF MARIN PURSUANT TO SECTION 2106, et seq., OF THE STREETS AND HIGHWAYS CODE AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini RE: REQUEST FOR REPORT ON SAN RAFAEL HOTEL FIRE - File 9-3-31 Councilman Miskimen asked staff to prepare a report on the anticipated cause of the March 4th fire in the San Rafael Hotel, and whether or not the program we put into effect with the alarm system is going to be adequate. ADJOUR14MENT Councilman Miskimen moved and Councilman Nixon seconded, that the Council adjourn in memory of Victoria Bettini, mother of Mayor C. Paul Bettini. Ayes unanimous. The Council adjourned to their next regular meeting March 20, 1978. ae�� A ANNE M. LEONCINI, C ty Clerk APPROVED THIS 40 X DAY OF 1978. 33 In the Council Chambers of the City of San Rafael, Monday, March 20, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of March 6, 1978 Meeting. Resolution re Operating Costs - File 8-14 Bid Opening - Award of Contract for Seven Police Vehicles - File 4-2-125 Recommended Action Approved as submitted. RESOLUTION NO. 5432 - APPROPRIATING $401,721 TO THE REDEVELOPMENT AGENCY ADMINISTRATIVE FUND RESOLUTION NO. 5433 - AUTHORIZING THE PUR- CHASE OF POLICE VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (Robinson Chevrolet, Novato) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CLAIM FOR DAMAGES - VICTOR JULIAN JAMERSON - FILE NO. 3-1-309, CLAIM FOR DAMAGES - JOSEPH MOYLE - FILE NO. 3-1-327. CLAIM FOR DAMAGES - RONALD D. & ANNE H. LEVINE - File No. 3-1-328 Councilman Nixon asked what might be done to avoid having so many exorbitant claims filed. He questioned whether giving them publicity might be a deterrent. City Attorney Connick expressed the opinion that this would not help, since claims are constantly being publicized in newspapers and the situation regarding large claims has not changed. Councilman Nixon moved and Councilman Miskimen seconded, to deny the claims and refer them to the in- surance carrier. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON SAN RAFAEL YACHT CLUB LEASE - File 2-8-11 The Council reviewed the proposed renewal of the San Rafael Yacht Club lease, at $325.00 per month for five years, to April 1, 1982. Councilman Jensen expressed the opinion that the lessee should have the same option as the City regarding termination of the lease upon giving 360 days' written notice. Councilman Jensen moved and Councilman Nixon seconded, to adopt the resolution authorizing the sign- ing of the lease, and that the lease be amended to include provision for the San Rafael Yacht Club to terminate the lease upon giving the City 360 days' written notice. RESOLUTION NO. 5434 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL YACHT CLUB AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: RETIREMENT CONTRIBUTION - HERBERT G. HOTCHNER - File 7-1-25 x 7-4 Council reviewed a staff report stating that Planning Director Hotchner had been advised by PERS that he could not get reciprocity for the 4 years and 3 months he had worked for Yolo County because of a break in service before re-entering the PERS system, and that he will receive a refund for his contri- bution during the 4 years and 3 months of service. The report stated that Mr. Hotchner has been advised by Marin County that he can buy back the 4 years and 3 months of prior service. Also, because Mr. Hotchner did not get reciprocity his retirement rate is based on his age at the time of employment with San Rafael, and thus he is faced with a higher contribution rate than he should be paying. Councilman Jensen moved and Councilman Miskimen seconded, that funds be appropriated to cover the buy-back plus the higher percentage cost which must be paid until the retirement of Mr. Hotchner. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PUBLIC HEARING - HISTORIC LANDMARK DESIGNATION, 418 MISSION AVENUE; MRS. HEDWIG ZAUNMULLER, OWNER; P #14-054-20 - File 13-14-2 Mayor Bettini declared the public hearing opened. Mayor Bettini stated that he would like a policy established whereby, when a house is designated a Historic Landmark, the Planning Commission and staff would give special consideration to variances regarding parking and use. These requests are to be treated on an individual basis. This is in the interest of encouraging owners to maintain large, older residential properties, which is part of our Historic Preservation Program. Cultural Affairs Commission Chairman Daniel Mardesich stated that it is the position of the Cultural Affairs Commission to make a recommendation on the basis of historic value of a property, and they do not mean to imply that a specific use should be made. They feel that if a variance is needed in order to preserve a property, that should be a good basis for the variance. There being no further input the public hearing was declared closed. After discussion, Councilman Miskimen moved and Councilman Nixon seconded, that 418 Mission Avenue be designated as a Historic Landmark under the Historic Preservation Ordinance, and that a policy be established whereby, when a house is designated a Historic Landmark, the Planning Commission and staff would give special consideration to variances regarding parking and use; these requests are to be treated on an individual basis. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 5435 - A RESOLUTION OF THE CITY COUNCIL DESIGNATING 418 MISSION AVENUE SITE AS A HISTORICAL LANDMARK AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT COUNCILMEN: Mulryan RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, SINGLE -LOT SUBDIVISION, 96 PEACOCK DRIVE; MARIN TITLE & GUARANTY CO., OWNER; MICHAEL BROUGHTON, REP.; P -C DISTRICT; AP #184-020-06 - File 10-8 Mayor Bettini declared the public hearing opened. Robert Winckler, president of the Peacock Gap Homeowners Association, expressed the concern of Pea- cock residents on the proposal to build a home at 96 Peacock Drive. They feel it will deprive them of access to the Lagoon and the open space beyond. The Peacock Association feel that an EIR should be required, although the Planning Commission did not feel one was necessary. Mr. Leonard Rubin of 128 Peacock Drive stated that this is a unique situation because of the location of the property in question and he, too, felt an EIR was necessary. Attorney Richard Tarrant, representing Michael Broughton, stated that his clients would be willing to build a single story home, if required. Mayor Bettini stated that he had looked over the property and saw no reason why a single story home should not be built in that location. Mr. Winckler stated that the Peacock Gap Homeowners would be willing to negotiate toward purchase of the property in order to preserve it as open space, but that they had been unsuccessful in their at- tempts to discuss a possible purchase. There being no further input, the public hearing was declared closed. After discussion, Councilman Jensen moved and Mayor Bettini seconded, that the Planning Commission be sustained and the appeal denied, and that the Planning Commission declared that the EIR is not necessary. AYES: COUNCILMEN: Jensen and Mayor Bettini NOES: COUNCILMEN: Miskimen and Nixon ABSENT: COUNCILMEN: Mulryan Failing a majority, the appeal failed. Councilman Miskimen suggested that staff work with the Peacock Gap Homeowners and the owner of the lot at the other side of the lagoon (Mr. Broughton), and Ed Ward the City's Real Estate Officer, to see if they can negotiate for the other lot to be used as access to the lagoon. City Manager Bielser mentioned that there are several lots other than the two in question, around the lagoon area, and asked if they should be appraised. Mayor Bettini replied that they should be. (Councilman Jensen left the meeting) 35 RE: PUBLIC HEARING - PREZONING (PreZ78-4) PROPERTY ON SOUTH SIDE OF PT. SAN PEDRO ROAD AT BAY WAY AP #16-211-04 AND 0 FROM COUNTY R- :B-2 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 10,000 SQ. FT. DISTRICT, TO CITY R -1-B-1 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,500 SQ. FT.) DISTRICT - File 5-2-75 x 10 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Miskimen moved and Councilman Nixon seconded, to approve the Negative Declaration as to En- vironmental Impact. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan An Ordinance of the City of San Rafael Amending the Zoning Map, Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from R -1:B-2 (Single Family Residential, Minimum Building Site Area 10,000 sq. ft.) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 sq. ft.) District, and numbering Charter Ordinance No. 1293, 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 (Councilman Jensen returned) Councilman Jensen moved and Councilman Miskimen seconded, to approve submission of application to LAFCo, requesting annexation of the parcels cited. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PROGRESS REPORT ON CABLE TELEVISION MATTERS - File 9-7-4 a. Cable TV Service in Fairhills b. Senior Citizen Rates c. Pay TV d. Renewal of Franchise Since another meeting between Fairhills Homeowners and the Cable TV people is necessary, this item was deferred to the Council meeting on Monday, April 3, 1978. RE: FINAL ADOPTION - ORDINANCE NO. 1288 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING ORDINANCES NOS. 1020 PAR. 1 AND 1007 PAR. 1 PART), AS CODIFIED AT SECTIONS 14.08.140 M., 14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED, 'MOTOR VEHICLE SERVICE USES - File 10-3 After discussion Councilman Nixon moved and Councilman Miskimen seconded, to defer any action on the proposed ordinance, and that the Chamber of Commerce appoint two people to a citizens' committee, and the Chairman of the Planning Commission appoint two of her members and they in turn appoint one person not connected with the automotive industry, and they try to reconcile this ordinance in a fashion that will be acceptable to everyone. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Ordinance to be returned to the Council at a later date. RE: INTERIM REPORT ON COMMUNITY CENTER ACOUSTICS - File 4-3-57 Recreation Director Jauch reported that he had conducted a survey of users of the auditorium in the Community Center, regarding the performance of the sound system. He has received mixed response as to its adequacy. He indicated that there seems to be a problem when a large group uses the auditor- ium, and when users bring in their own systems. He classified the system as "adequate". After discussing the matter, and the fact that the building's architects, Wagstaff and McDonald, have done all they could to improve the system, it was agreed that City Attorney Connick should review the contract material to see if there is responsibility on the part of the architects, and determine what steps the City should take next. Mr. Jauch reported that when consultants inspected the sound system last November, they estimated it would cost between $25,000 and $27,000 to correct the deficiencies. 36 RE: COMMUNICATION FROM MR. GUSTAF STALIN RE CONSTRUCTION OF FENCE AT 222 ARIAS STREET File 3-3-25 x 10-5 After discussing the intent of paragraph 14.16.060 of the Municipal Code, in relation to the fact that the resident at 222 Arias Street had proceeded to build a fence on his property after his appeal was denied by the City Council on January 3, 1978, Councilman Miskimen moved and Councilman Nixon seconded, that the City Attorney be directed to start abatement action with regard to the fence. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMAN: Mulryan RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES RE: - File 4-3-72 x 9-3-65 a. Tennis Program (Resolution No. 5426) b. Judo Program (Resolution No. 5427) c. Photography Program (Resolution No. 5428) Mayor Bettini stated that he had this item brought back before the Council, because he feels that in- structors should be required to provide insurance, that a hold harmless clause in the contracts is not sufficient. Insurance should have a $50,000 limit. Recreation Director Jauch agreed to work it out with instructors, and stated that it would probably necessitate an increase in program fees. Councilman Nixon moved and Councilman Jensen seconded, that insurance be required and that it be paid for through increase in fees. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Councilman Jensen moved and Councilman Miskimen seconded, to amend the contracts covered by Resolutions Nos. 5426, 5427 and 5428, to include $50,000 insurance. AYES: COUNCILMEN: Jensen Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON S.O.S. (SAFER OFF -SYSTEM) ROADWAY GRANT- File 4-13-8 Councilman Nixon moved and Councilman Jensen seconded, to approve staff recommendation to approve the Marin County Urban Thoroughfare Committee allocation of funds to San Rafael, and authorize staff to proceed with the first minor safety project at Miramar and Miraflores Streets. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: COUNCIL REQUEST FOR STAFF SERVICES - POLICY DETERMINATION - File 9-1 Councilman Miskimen discussed the subject of the Council members calling on staff for special projects, which may become time-consuming, without first contacting the City Manager. He mentioned that there was a verbal policy determination on this subject in the past. Mayor Bettini, after further discussion, agreed to prepare a written policy for Council guidance in relation to staff activities. (Councilman Jensen left meeting) RE: REPORT ON ABAG MATTERS - File 111 a. Environmental Management Plan. b. Fiscal Year 1978/79 Assessment. Item continued to April 3, 1978 meeting. RE: EXPIRATION OF TERM OF FIRE COMMISSIONER - File 9-2-5 Council reviewed a report from staff, that Fire Commissioner Daniel C. Dufficy, whose term expires in March, does not wish to seek reappointment to the Fire Commission. Staff also recommended that the Council call for applications to fill the vacancy. Councilman Miskimen moved and Councilman Nixon seconded, that a Resolution of Appreciation be prepared for Mr. Dufficy, and that staff advertise the vacancy in the usual method. 30 RESOLUTION NO. 5436 - RESOLUTION OF APPRECIATION, DANIEL C. DUFFICY, FIRE COMMISSION AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: APPLICATION TO THE COUNTY OF MARIN FOR FINANCIAL SUPPORT OF THE BAHIA VISTA SCHOOL COMMUNITY PROGRAM - File 4-13-52 Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation and request the County of Marin's support for 50% subsidy of the Bahia Vista Community School Program, with the City and the School District funding 25% each. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan (Councilman Jensen returned to meeting; Mayor Bettini (left; Councilmen Jensen presided) RE: REPORT ON SAN RAFAEL HOTEL FIRE - File 13-5 Council reviewed a report from Fire Chief Marcucci, regarding the cause of the fire in the San Rafael Ho tel (formerly the Lincoln Hotel) on the morning of Sunday, March 5, 1978. The fire started in and around a hot water heater on the second floor where combustible material, i.e., mattress and box frame, had been stored. The fire burned into the area where the alarm system wires were run, and burned off the insulation which made the system inoperative. Chief Marcucci recommended that if the San Rafael Hotel is to again be utilized as a rooming house, and since major construction work is required, that an automatic sprinkler system be installed throughout the structure connected to a central station. He further recommended that the owner be encouraged to convert the hotel to some other use, such as office spaces, if he elects not to install a sprinkler system in the building. Chief Marcucci further recommended that an ordinance be developed requiring occupancies similar to the San Rafael Hotel to install a complete smoke detection system throughout their building connected to a central station. Councilman Miskimen moved and Councilman Nixon seconded, to direct staff to move forward with developing an ordinance as recommended by Chief Marcucci, and also to approve staff recommendation regarding the future requirements for the San Rafael Hotel. AYES: COUNCILMEN: Miskimen, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Mayor Bettini (Mayor Bettini returned to the meeting) RE: APPLICATION FROM MEDICAL SHUTTLE SERVICE, INC., FOR NON -EMERGENCY TRANSPORTATION FOR THE ELDERLY AND HANDICAPPED - File 9-9 Council reviewed the application from Chiaki Kumano, who was represented by his Attorney Louis Castro. Mr. Jim Newman, who has a similar service operating out of Greenbrae, objected to the possible granting of a permit, since he stated he had applied for a permit last November, was sent an incorrect applica- tion form, and received the correct form only a few days ago. Staff was directed by the Council to determine the facts of Mr. Newman's case, and explore the neces- sity for such a service within the County and which other companies may be providing a similar service. Item was continued to the April 17, 1978 meeting. ADD ITEMS RE: PARKING METER HOLIDAY, APRIL 8, 1978 - File 11-18 City Manager Bielser reported that the Chamber of Commerce had requested a parking meter holiday for sales promotion on Saturday, April 8, 1978, and asked that the City pay the cost of $1,300. Councilman Nixon moved and Councilman Miskimen seconded, that Redevelopment Agency pay the cost of $1,300. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan (Councilman Jensen left meeting) RE: CITY ATTORNEY'S AND ASSISTANT CITY ATTORNEY'S ATTENDANCE AT LEGAL CONFERENCES - File 9-3-16 Councilman Nixon moved and Councilman Miskimen seconded, to approve the City Attorney's request for an appropriation of $750.00 for City Attorney Connick and Assistant City Attorney Bullard to attend conferences on legal matters. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan MW• The Council adjourned to Executive Session to discuss property acquisition. ANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF qez4 , 1978. MAYOR OF THE CITY GF SAN RAFAEL 39 In the Council Chambers of the City of San Rafael, Monday, April 3, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: None Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Mulryan moved and Councilman Miskimen seconded, to approve the recommended action on the fol- lowing consent calendar items: Item Approval of Minutes of March 20, 1978 Meeting. Claim for Damages - Richard E. Mamet File No. 3-1-331 Claim for Damages - Norman Maxwell Carlin File No. 3-1-334 Resolution Authorizing Mayor to Accept Deeds and Consent to the Recordation Thereof (Govt. Code Sec. 27281). - File 9-1 Report on Program Contracts, Cultural Affairs - Fi i o 4_q_A9 Report on Police Communication Bids - File No. 4-2-126 Recommended Action Approved as submitted. Denied and referred to insurance carrier. Denied and referred to insurance carrier. RESOLUTION NO. 5437 - AUTHORIZING THE MAYOR OF THE CITY OF SAN RAFAEL TO ACCEPT DEEDS AND CONSENT TO THE RECORDATION THEREOF (Govt. Code Sec. 27281) RESOLUTION AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT as Follows: Res. No. 5438 - Western Electric Res. No. 5439 - Mary Lexa Res. No. 5440 - Jedo Bushnik Res. No. 5441 - Jamie Parker Res. No. 5442 - Ruth Geoffey Res. No. 5443 - Jack Cloutier Res. No. 5444 - Mark Naf talin Res. No. 5445 - Woody Harris Res. No. 5446 - Barry Scheier Res. No. 5447 - Richard Garneau RESOLUTION NO. 5448 - AUTHORIZING THE PURCHASE OF POLICE RADIO COMMUNICATIONS SYSTEM (Motorola Corp., bid amount $53,875.56) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CLAIM FOR DAMAGES - PAULINE L. & E. H. SENNER - File 3-1-333 Continued to meeting of April 17, 1978. RE: PUBLIC HEARING - UP78-3 - GROUP COUNSELING CENTER, 1719 FIFTH AVENUE; CARL BELLINE, OWNER; LAWRENCE ROSS/CYNTHIA HILL, REPS.; R-3 DISTRICT; AP 11-192-13. APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT - File 10-5 Mayor Bettini declared the public hearing opened. Lawrence Ross, Executive Director of the Group Counseling Center, and Sue Abrams, Administrator, spoke for the appeal, indicating that they felt there would be little impact on the parking situation in the area, since they have only small groups at a time, and mostly in the evening when the professional offices in the vicinity would be closed. There being no further public input, the hearing was declared closed. After discussion, Councilman Nixon moved and Councilman Mulryan seconded, to sustain the appeal and grant the Use Permit for a period of six months, to be brought back before the Council at that time; and that granting of the Use Permit be subject to conditions (a) through (d) as recommended by staff. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None M RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE - Fil-el 3-14-2 Councilman Mulryan moved and Councilman Miskimen seconded, to set a public hearing regarding amendments to Ordinance No. 1191 regarding Historic Preservation, on Monday , May 1, 1978, at 8:00 PM. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROGRESS REPORT ON CABLE TELEVISION MATTERS - File 9-7-4 a. Cable TV Service in Fairhills Staff report indicated that the Fairhills Homeowners Association and Viacom had reached an agreement to extend service to the Fairhills area based on two geographic areas with a required subscriber basis of 50%; waiving of the franchise fee for Showtime from November 15, 1977 to May 1, 1978 and applying the funds to reducing subscriber rates in the Fairhills area to the same as the remainder of the community and eliminating the normal $37.50 installation charge; requiring residents to pay for conduit from right-of-way to the residence; and requiring marketing in Area I to be finished by July 1 and Area II by October 1, 1978. b. Senior Citizen & Handicapped Rates RESOLUTION NO. 5449 - RESOLUTION AMENDING RESOLUTION NO. 5026 (Extension of cable TV services in Fairhills area and extension of reduced rates to Senior Citizens and handicapped) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None c. Pay TV City to begin collecting Showtime revenue commencing May 1, 1978. d. Renewal of Franchise An Ordinance of the City of San Rafael amending Charter Ordinance No. 898 Renewing and Extending the CATV Franchise of Viacom, International for a Ten (10) Year Period Ending February 28, 1988, and numbering Charter Ordinance No. 1294, 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 GLENWOOD HOMEOWNERS ASSOCIATION RE CHINA CAMP STATE PARK OVERNIGHT CAMPING - File 12-5 Council reviewed a letter from Glenwood Homeowners Association, expressing their concern regarding the State's considering permitting overnight camping at China Camp State Park. They feel this would permit access through their neighborhood on foot, with cars parking along the streets and would induce litter and increased fire danger. Councilman Mulryan moved and Councilman Nixon seconded, to send a strong letter to the State presenting the City's position with regard to banning of overnight camping in the park. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1293 - AMENDING THE ZONING MAP BY REFERENCE BY SECTION 14.15.020 CHARTER ORDINANCE NO. 1293 - An Ordinance of the City of San Rafael Amending the Zoning Map by Refer- ence by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from R-l:B-2 (Single Family Residential, Minimum Building Site Area 10,000 sq. ft.) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 sq. ft.) District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON PROPOSED MARIN MUNICIPAL WATER DISTRICT WATER MANAGEMENT POLICY - File 151 Council reviewed the Marin Municipal Water District Water Management Policy, and agreed that a letter should be written to the MMWD opposing the allocation program on the basis that the City does 41 not feel that the Water Board should be in the land planning business, that this should be left to the local governmental bodies; also, that the letter should request the moratorium on water meters be lifted. A letter is also to be written to the San Rafael representative on the Water Board regarding lifting of the water meter moratorium. Both letters are to be presented to the Council for approval at the April 17, 1978 meeting. RE: APPLICATIONS FROM MEDICAL SHUTTLE SERVICE, INC., AND STAR TRANSPORTATION, FOR NON -EMERGENCY TRANS- PORTATION FOR THE ELDERLY AND HANDICAPPED - File 9-9 After review, and report from staff, Councilman Mulryan moved and Councilman Nixon seconded, to grant licenses to both applicants, Medical Shuttle Service, Inc., and Star Transportation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RECOMMENDATION OF PLANNING COMMISSION RE URGENCY ORDINANCE REZONING GERSTLE PARK AREA - File 163 a. Communication from Gerstle Park Neighborhood Association. b. Urgency Ordinance Recommended by Planning Commission. The Council heard from property owners in the Gerstle Park area, seeking to control the zoning so that the density does not increase. Many of them favored a short-term moratorium while the Gerstle Park Neighborhood Plan is being finalized. Others spoke against rezoning downward, so they could maintain their multiple unit properties. Petitions were presented, reflecting the divergent views. Councilman Nixon moved and Councilman Mulryan seconded, to recommend that a four-month moratorium on development be enacted, and any other necessary steps be taken to control the present situation. AYES: COUNCILMEN: Mulryan and Nixon NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini ABSENT: COUNCILMEN: None Motion failed. Councilman Nixon then moved, and Councilman Miskimen seconded, to adopt the urgency interim ordinance as recommended by the Planning Commission, using the Use Permit procedure, and ask the Planning Commission to set up an immediate meeting with the Gerstle Park Neighborhood Association to work on their Neighborhood Plan. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None Since four votes are required for adoption of an urgency ordinance, motion failed. An Interim Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, by Rezoning Designated Property Within the Gerstle Park Neighborhood so that any Development Projects Therein are Subject to Use Permit Approval, and numbering Charter Ordinance No. 1295, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None Motion passed. Councilman Miskimen moved and Councilman Nixon seconded, that the Planning Commission exercise the responsibility for reviewing the Gerstle Park Neighborhood Plan as expeditiously as possible, and while so doing consider alternatives regarding boundaries. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion passed. RE: COMMUNICATION FROM CANAL COMMUNITY COUNCIL RE POLICE PROTECTION - File 9-3-30 The Council heard from Marilyn Weller, Chairperson of the Canal Community Council, regarding the need for foot patrol within the Canal area, as a means of controlling the crime situation. She felt this would provide a more visible means of protection for the residents of the area. Other Canal area residents provided additional information on the incidents of crime in their neighborhood. The matter was referred to the Police Department, for review and comment. Staff is to meet with Canal Community Council membership, and give an evaluation at the next Council meeting on April 17, 1978. (Councilman Jensen left meeting during discussion on next agenda item.) 42 RE: REPORT ON UTILITY USERS' TAX - File 9-12 Councilman Miskimen moved and Mayor Bettini seconded, to set a public hearing for the April 17, 1978 Council meeting, to consider a utility users' tax ordinance. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: COMMUNICATION FROM MARIN COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES - File 9-3-31 Council reviewed a letter from County of Marin Department of Health and Human Services stating that they are preparing a federal grant application for funding in the area of advanced life support emer- gency medical care. They asked the City's endorsement of their application through a "letter of support". Councilman Nixon moved and Councilman Miskimen seconded, that the City send a letter of support to the County. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen ABSTAINED: COUNCILMEN: Mayor Bettini, due to possible conflict of interest RE: PURCHASE OF OPEN SPACE PROPERTY - ERIKSEN (AP #13-141-25) - File 2-1-61 RESOLUTION NO. 5450 - AUTHORIZING THE PURCHASE OF 6.6 ACRES OF OPEN SPACE, ERIKSEN PROPERTY (AP #13-141-25) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REQUEST TO PURCHASE REPLACEMENT FLAP GATES FOR STORM WATER PUMP STATIONS - File 12-9 Council considered request from Director of Public Works Caillouette, for authorization for emergency purchase of flap gates for the Kerner Blvd./Canal Street pumping station, and at the Francisco Blvd. pumping station; and replacement parts to rebuild two existing flap gates at the Peacock Gap pumping station. The total estimated cost is $27,000. Director Caillouette suggested the various sources for the necessary funds. Councilman Mulryan asked if any of the gates can be rebuilt, and Director Caillouette replied that is being looked into, and if any can be rebuilt they will be. Councilman Miskimen moved and Councilman Mulryan seconded, to approve the request regarding purchase of the flap gates, and replacement parts. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen The Council adjourned to their next meeting on April 17, 1978. A<:ze�.- �- dAfif M. LEONCINI, City Clerk APPROVED THIS 7X-1 DAY OF C.Q , 1978. If MAYOR OF THE CITY OF SAN RAFAEL Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency in Room 201 of the San Rafael City Hall, on Monday, April 10, 1978, at 8:00 PM. Joint Meeting: Present: Lawrence E. Mulryan, Councilman City Council and and Chairman, Redev. Agency Redevelopment Agency C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Harry A. Connick, City Attorney The City Council/Redevelopment Agency met in Executive Session to discuss property acquisition and litigation. No action was taken. Meeting adjourned to the next regular meeting of April 17, 1978. dRR1EM. LEONCINI City Clerk/Agency Secretary APPROVED THIS 7% DAY OF ap-t P , 1978. HAIRMAN, SAN RAFAEL REDEVELOPMENT AGENCY In the Council Chambers of the City of San Rafael, Monday, April 17, 1978, at 8:00 PM Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of April 3 and 10, 1978 Meetings. Claim for Damages - Clifford N. Johnsen File No. 3-1-332 Report on Bids: a. Police Motorcycle - File 4-2-12B b. Marine Engines - File 4-2-12,7 Recommendations for Changes in Use Fees for Falkirk - File 9-10-2 Resolution Authorizing the Agreement with Shell Oil Company at Second St. and Lincoln Ave. - File 2-8-12 Grant of Easement - Third and "B" Streets Parking Lot - File 2-2 x 4-1-269 Report on Sign Ordinance Interpretation - File 125 - x 9-2-10 x 9-2-6 Recommended Action Approved as submitted. Approved R. L. Kautz Co.'s recommendation for denial. RESOLUTION NO. 5451 - AUTHORIZING THE PURCHASE OF POLICE MOTORCYCLE FROM THE EQUIPMENT REPLACEMENT FUND (Harley Davidson, $4,178 minus $1,500 trade-in allowance, for net bid of $2,687) Authorized negotiation for purchase and replacement on open market. Referred to Cultural Affairs Commission. RESOLUTION NO. 5452 - AUTHORIZING AGREEMENT WITH SHELL OIL AT LINCOLN AVENUE AND SECOND STREET. RESOLUTION NO. 5453 - ACCEPTING A GRANT OF RIGHT-OF-WAY EASEMENT FOR ACCESS PURPOSES, THIRD AND "B" STREETS PARKING LOT, SAN RAFAEL, CALIFORNIA Received report. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXPIRATION OF TERMS OF PARKS & RECREATION COMMISSIONERS, LOVE AND NICHOLSON - File 9-2-4 Councilman Miskimen moved and Councilman Jensen seconded, to approve reappointment of Parks and Recrea- tion Commissioners William Love and Vernon Nicholson, to four-year terms commencing May 1, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESIGNATION OF CULTURAL AFFAIRS COMMISSION MEMBER - File 9-2-24 Council reviewed letter of resignation from Cultural Affairs Commissioner Patricia Fortini Meyer. Councilman Mulryan moved and Councilman Miskimen seconded, to have a Resolution of Commendation prepared for Mrs. Meyer, and advertise the vacancy on the Commission for 30 days. RESOLUTION NO. 5454 - RESOLUTION OF COMMENDATION (Mrs. Patricia F. Meyer) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ED78-3/UP78-6 - FAST-FOOD RESTAURANT, 831 FOURTH STREET; OGDEN FOOD SERVICE CORP., OWNER; RON GLANDER, REP.; C-2 DISTRICT; AP 11-273-01 - APPEAL FROM DECISION OF PLANNI14G COMMISSION - File 10-5 Mayor Bettini declared the public hearing opened. 45 The Council heard from Attorney Lucius Bernard, representing the Ogden Food Service Corporation (Doggie Diners), who contended that a use permit should not be required since this operation was not a fast- food service. The Council then heard from Ron Glander, architect, who described the setbacks and landscaping plans as illustrated in his drawings. Assistant City Attorney Bullard stated he believes the operation is that of a fast-food restaurant. Councilman Miskimen moved and Councilman Mulryan seconded, to take the position that a use permit would be required. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Bernard cited police statistics regarding other Doggie Diner operations, showing a low percentage of incidents, and presented a petition with over 500 names, urging the City Council to approve the application. Mayor Bettini declared the public hearing closed. After discussion Councilman Jensen moved and Councilman Miskimen seconded, to deny the appeal, and sustain the action of the Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REPORT ON IMPACT OF PROPOSITION 13 - File 8-5 City Manager Bielser presented a report on the impact of the Jarvis/Gann Initiative should it pass in the June 6, 1978 election. The report stated that San Rafael would lose approximately $2,000,000 in property tax income, which would equal an overall 21% reduction in spending. The report recommended cutting of expenses and raising certain fees, and pointed out that the recommen- dations were a one-year stop gap approach using one-time nonrecurring income. The recommendations would result in only minor decreases in services by the City's departments, and would not necessitate laying off any currently employed fulltime employees during Fiscal Year 1978/79. Mayor Bettini declared the public hearing opened. Council heard presentations from various taxpayers' groups, including Joe Bernat and Fielding Greaves of Marin United Taxpayers, asking that the City take an objective approach and not use scare tactics, and that they study the Behr Bill and compare it with Proposition 13. They also suggested getting a commitment from Sacramento on disbursement of the State surplus. Walter Kosta, president of the Police Association, urged that no Police positions be cut. Mayor Bettini declared the public hearing closed. Councilman Nixon moved and Councilman Mulryan seconded, to accept the City Manager's report as pre- sented. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Miskimen stated he would like to have a Town Meeting on the second Saturday in June (June 10th), in the event the Jarvis/Gann initiative passes. RE: PUBLIC HEARING - CONSIDERATION OF ORDINANCE ESTABLISHING A UTILITY USERS' TAX - File 9-12 Mayor Bettini declared the public hearing opened. Assistant City Attorney Bullard reported that utility users' taxes have been adopted by at least 50% of the Charter Cities in California. The proposed ordinance is based upon a model ordinance most of the Charter Cities have used. The Council then heard from representatives of local taxpayers' groups, including Col. Filler of Irate Taxpayers of Marin, Mr. Bernat and Mr. Greaves of Marin United Taxpayers, and from residents Ray Swanson, Clifford Elbing, Cy Hofmeister and Pauline Haro, objecting to any further taxation. Mayor Bettini declared the public hearing closed. Councilman Nixon moved and Councilman Jensen seconded, to not consider the proposed ordinance to establish a utility users' tax. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION - P77-19, GENERAL PLAN AMENDMENT - BUSINESS AND INDUSTRIAL REVIEW AREA TO MULTI -USE ACTIVITY CENTER, END OF ANDERSEN DRIVE (MAGGIORA & GHILOTTI, OWNERS) - File 10-6 Appeal dropped by appellants. M, RE: PERSONS WISHING TO ADDRESS COUNCIL Mrs. Marilyn Weller, chairperson of the Canal Community Council, listed various cases in which their group has had problems with staff. Mayor Bettini asked Mrs. Weller to put her presentation in writing so that staff could respond and the problems could be resolved. RE: REPORT ON POLICE PROTECTION IN CANAL AREA - File 9-3-30 The Council reviewed the report from Police Chief Benaderet on problems and suggested solutions. The first two suggested solutions were: Addition of one patrol beat (five patrolmen and one patrol car); and conversion of the worthy but unbudgeted Police Aide to a fully budgeted position. Councilman Nixon moved and Councilman Mulryan seconded, to approve the first two items, to be put in the non-Jarvis/Gann budget provisionally. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1294 - AMENDING CHARTER ORDINANCE #898 RENEWING AND EXTENDING THE CATV FRANCHISE OF VIACOM, INTERNATIONAL FOR A TEN 10 YEAR PERIOD ENDING FEBRUARY 28, 1988 - File 9-7-4 CHARTER ORDINANCE NO. 1294 - An Ordinance of the City of San Rafael Amending Charter Ordinance #898 Renewing and Extending the CATV Franchise of Viacom, International for a Ten (10) Year Period Ending February 28, 1988, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1295 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, BY REZONING DESIGNATED PROPERTY WITHIN THE GERSTLE PARK NEIGHBORHOOD SO THAT ANY DEVELOPMENT PROJECTS THEREIN ARE SUBJECT TO USE PERMIT APPROVAL - File 163 CHARTER ORDINANCE NO. 1295 - An ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, by Rezoning Designated Property within the Gerstle Park Neighborhood so that any Development Projects Therein are Subject to Use Permit Approval, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: RECOMMENDATION OF PLANNING COMMISSION RE PEACOCK GAP NEIGHBORHOOD PLAN - File 166 9-2-6 Robert Winckler, president of the Peacock Gap Homeowners Association, spoke of the need for a neighbor- hood plan, since development of the Chin Ho lands, American Savings & Loan Unit #5, the Sixty -Trust lands, and the McNear's Point Quarry, is imminent. The Association feels that adoption of a neighbor- hood plan would facilitate the planning and permit process, and they are looking to the City for leadership in implementing a neighborhood plan. The Association is requesting that their plan be given priority over other neighborhood plans. Planning Director Hotchner noted that in the approved Work Program the Gerstle Park Neighborhood Plan was given first priority, and the Lincoln Avenue and Park/Union plans were next in priority. He stated that the concept of the neighborhood plans was directed at conversion neighborhoods of the older, developed type. For this reason, the Planning Commission has repeatedly stated that they do not intend to prepare the kind of plan the Peacock Gap Association is requesting, that the density projec- tion technique system, with the rezoning of the peripheral lands to this system, would be the proper manner for controlling the further development so that it would be consistent with the neighborhood. The Peacock Gap Association has not been accepting this, and have not agreed with the Planning Commission. Mr. Hotchner stated that there is no projection for doing the type of plan requested at City expense and with City staff. There is, within the EIR consultant contract, a requirement, and the consultant met last week with the Peacock Gap people to get their thoughts as to what a neighborhood plan should be, to present to the Planning Commission the residents' thinking. It was the expression of the Planning Commission that there are two, not four, parcels within the City Limits - only the American Savings & Loan, and the Chin Ho properties are within the City Limits. The Council questioned the priorities of the Lincoln Avenue and Park/Union plans which had previously been approved in the projected work plan. The Council then agreed to permit the Peacock Gap plan to proceed, and to ask the Planning Director to come back to the Council with a dissertation on how the neighborhood plan priorities were decided. Mr. Hotchner asked that his report be deferred until the second meeting in June (June 19th) since he will be on vacation leave during the month of May. The Council agreed. (Councilman Mulryan left meeting) 47 RE: APPEAL OF MARIN TOWING RE PLACEMENT ON POLICE TOWING ROTATIO14 LIST - File 9-3-30 The Council reviewed a letter from Marin Towing, requesting that they be placed on the Police Depart- ment's Rotation Towing List. The owner, Doug Shaffer felt that he should be considered. A City committee had upheld the Police Dept.'s denial. Police Chief Benaderet stated that there have never been complaints against the two towing firms pre- sently on the list, in the past seven years, and cannot see the necessity for adding another firm. Councilman Jensen moved and Mayor bettini seconded, to deny the Marin Towing appeal and sustain the action of the City committee. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Councilman Nixon suggested that the Police Chief consider opening the towing list every three to five years, to give other towing firms a chance to apply. RE: FINAL REPORT, FALKIRK CONCEPTUAL MASTER SITE PLAN - File 4-3-67 The Council reviewed a report on the Falkirk conceptual master site plan, which Bruce Judd of the Charles Hall Page & Associates firm described as their long-term goal. The subject of circulation was discussed, since the report suggested that the exit and entrance drive- ways be reversed so that visitors would approach the house along the more favorable side, and drop-offs would be facilitated. The Council expressed concern regarding the sight distance on Mission Avenue if the pattern is reversed. (Councilman Nixon left meeting) Councilman Miskimen moved and Councilman Jensen seconded, to accept the conceptual master plan, with traffic circulation to be discussed at a later date. AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RE: FINAL REPORT ON HISTORICAL SURVEY - File 13-14-2 The Council reviewed the report, which listed 32 structures as Exceptional; 74 structures as Excellent; and 194 structures as Good, for a total of 300. They discussed the next steps to be taken, regarding historical landmark designations. Cultural Affairs Chairman Daniel Mardesich stated they would probably go by district, taking the exceptional structures in a given area first, and considering the others later. Councilman Jensen moved and Councilman Miskimen seconded, to accept the report as a survey. AYES: COUNCILMEN: Jensen, Miskimen, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RE: CULTURAL AFFAIRS COMMISSION REPORT ON PROPOSED FAUDE MUSEUM - File 9-2-24 Report accepted. Item to be considered during budget discussions. The Council adjourned to their next meeting on May 1, 1978. APPROVED THIS (SANNE M. LEONCINI, City Clerk DAY OFJr , MAYOR OF THE CITY OF -SAN RAFAEL 1978. OZ Special Joint Meeting between the San Rafael City Council and the San Rafael Redevelopment Agency in the Council Chambers on Monday, May 1, 1978, at 7:45 PM. Joint Meeting: City Council and Redevelopment Agency Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman and Agency Vice -Chairman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman and Agency Chairman Also Present: William J. Bielser, City Manager/Agency Executive Director; Harry A. Connick, City/Agency Attorney; Jeanne M. Leoncini, City Clerk/ Agency Secretary RE: COMPLIANCE WITH SECTION 33433, CALIFORNIA HEALTH & SAFETY CODE Redevelopment Agency Associate Director Ed Ward informed the Council/Agency that the Agency's legal consultants had reviewed the procedures taken in the Redevelopment Agency in connection with the disposition of Agency -owned property, and had interpreted Section 33433 of the California Health & Safety Code as requiring that approval must also come from the legislative body exercising jurisdic- tion, namely the City of San Rafael. Mr. Ward stated that the necessary legal advertisements have been published. CITY: File 167 RESOLUTION NO. 5455 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO SIDNEY HENDRICKS AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 5456 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO WARSEN/PEARSON AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 5457 - RESOLUTION OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO BILTWELL (Paul Epp) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan AGENCY: RESOLUTION NO. 78-31 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE. RE: SALE TO HENDRICKS AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mulryan RESOLUTION NO. 78-32 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE. RE: SALE TO WARSEN/PEARSON AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mulryan RESOLUTION NO. 78-33 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE. RE: SALE TO BILTWELL (Paul Epp) AYES: MEMBERS: Bettini, Jensen, Nixon and Vice -Chairman Miskimen NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Mulryan City Council adjourned to their next regular meeting immediately following this meeting. Redevelopment Agency adjourned to their next regular meeting May 15, 1978. JEYNE M. LEONCINI, City Clerk /Agency Secretary APPROVED THIS DAY OF 61�� 1978. In the Council Chambers of the City of San Rafael, Monday, May 1, 1978, at 8:UU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney Mayor Bettini introduced Anne Parke, new Senior Planner. RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the fol- lowing consent calendar items: Item Approval of Minutes of April 17, 1978, Meeting. Report on Proposed Audit Contract, 1977/78 - File 8-1 Proposed Budget Hearings Schedule - File 8-5 Certificate of Appreciation to Osa (Niki) Simons - File 102 Donations to Falkirk Community Cultural Center File 8-19 Recommended Action Approved as submitted. Approved recommendation. Approved schedule. RESOLUTION 5458 - RESOLUTION OF APPRECIA- TION TO USA (NIKI) HALL SIMONS Approved recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: MuIryan RE: PUBLIC HEARING - PREZONING (PreZ78-8) - 2464 FIFTH AVENUE (AP #177-240-0b) FROM COUNTY: RMP -U.5 (RESIDENTIAL MULTIPLE PLANNED, ONE UNIT PER TWO ACRES) DISTRICT, TO CITY: R -1-B-1 (SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,5UO SQUARE FEET) DISTRICT; LINDA CALDWELL, OWNER; ALBERT BIANCHI AND L. E. OBERKAMPER, REPS. - File 5-2-76 Mayor Bettini declared the public hearing opened. Associate Planner Art Brook explained that this is a prezoning, prior to annexation proceedings, and that the Planning Commission had unanimously recommended that the City Council approve this action. After discussion, Mayor Bettini declared the public hearing closed. Councilman Jensen moved and Councilman Miskimen seconded, to approve the Negative Declaration on the Environmental Assessment. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan An ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.02U of the Municipal Code, so as to Reclassify Certain Real Property from RMP -0.5 (Residential Multiple Planned, One Unit per Two Acres) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,5UU Square Feet) District, and numbering Charter Ordinance No. 1296, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PUBLIC HEARING - PROPOSED AMENDMENTS TO HISTORIC PRESERVATION ORDINANCE NO. 1191 - File 13-14-2 Mayor Bettini declared the public hearing opened. Community Projects Director Snyder briefed the Council on the proposed changes to the Historic Preserva- tion Ordinance No. 1191. The Council considered the proposed changes, and amended the wording in sections 2.18.041, 2.18.050 (e), and 2.18.065 (b). Mayor Bettini declared the public hearing closed, there being no public input. Councilman Miskimen moved and Councilman Jensen seconded, to pass the proposed ordinance to print, with the following amendments: Section 2.18.041, delete the word "individual"; Section 2.18.05U (e), change to "that after 90 days have elapsed from the date of initiation of said designation, the permit application may be approved if final action has not been completed; except that the time may be extended by action of the City Council"; and Section 2.18.065 (b), change to ...as appraised by a qualified real estate appraiser whose fee shall be paid by the property owner, and selection to be approved by City staff". 50 An ordinance of the City Council of the City of San Rafael Amending Chapter 2.13, Historic Preservation, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1297, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REQUEST FOR RECO14SIDERATION OF CITY COUNCIL DECISION IMPOSED IN CONNECTION WITH TEMPORARY USE PERMIT FOR 1717/1719 FIFTH AVENUE - File 10-5 The Council considered a request from Carl Belline, one of the owners of 1717/1719 Fifth Avenue, with regard to one of the conditions imposed by the Council at their April 3rd meeting in connection with a temporary use permit granted to a Group Counseling Center, tenants of the second floor of the building. The condition limited the number of persons who could occupy the first floor. After discussion, the matter was referred to the Planning Department, and Senior Planner Parke was re- quested to confer with Mr. Belline and his attorney in an effort to find a solution to the occupancy problem. RE: FOLLOWUP REPORT, SAN RAFAEL HOTEL (FORMER LINCOLN HOTEL) FIRE - File 13-5 The Council reviewed a proposed Urgency Ordinance submitted by Assistant City Attorney Bullard, re- quiring installation of centrally terminated smoke detector systems in multiple residential buildings upon their construction, repair, or transfer. After discussion with Fire Chief Marcucci with regard to the definition of the types of dwelling units which would fall under this requirement, the ordinance was referred back to the City Attorney's office to be amended to specify types of buildings - whether hotels, motels, rooming houses, including capa- city, etc. City Manager Bielser asked the Council if, pending finalization of the ordinance, a building permit for the San Rafael Hotel should not be issued, and the Council agreed. RE: RESOLUTION INCREASING BUSINESS LICENSE FEES - File 9-10 RESOLUTION INCREASING DEPARTMENTAL USER SERVICE CHARGES - File 9-10-2 The Council considered a proposed resolution increasing user fees by 5U%, and each business license tax by 20%. It was agreed that the business license tax would not be acted upon at this time, although the Council understood that if not acted upon before the end of June it could not be acted upon after that time if the Jarvis/Gann initiative passes. Councilman Nixon moved and Councilman Miskimen seconded, to table the subject of user fee increases and consider it in June. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PROGRESS REPORT, PICKLEWEED PARK EXPANSION PLANS - File 2-1-55 The Council heard a report from architect R. Bruce Shaffer, whose presentation was accompanied by drawings showing a substantially reduced lagoon area; proposed turf areas, with three soccer fields; modular, expandable recreation buildings; a proposal of three softball fields; parking for approxi- mately fifty cars; and adult areas for bocci ball, horseshoes, barbecues and similar activities. Mr. Shaffer stated that the plan had been approved in concept by the Canal Community Council, and is flexible. The Council thanked Mr. Shaffer for his presentation. City Manager Bielser informed the Council that the Board of Supervisors will very shortly be considering the Local Assistance funds for Pickleweed Park, and he requested authorization to appeal to the Board of Supervisors since the City did not get the funds they requested previously. Councilman Miskimen stated he thought the Canal Community Council should be asked to help in the appeal. The Council granted Mr. Bielser permission to appeal to the the Board of Supervisors. RE: COMMUNICATION FROM CANAL COMMUNITY COUNCIL - File 2-1-55 The Council considered a letter from the Canal Community Council and the CSN 2b Advisory Board, re- questing discussion of the use of the $75 "Bedroom Tax" which will be coming from the Spinnaker Point development. City Manager Sielser estimated that the tax will generate approximately $3U,000. After discussion Councilman Nixon moved and Councilman Miskimen seconded, to earmark the "Bearoom Tax" funds generated from Spinnaker Point for the expansion of Picklweea Park development; funding to be reviewed each year. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: FALKIRK RESTORATION PROJECT CHANGE ORDER - File 4-1-265 Public Works Director Caillouette reported that during the restoration work on Falkirk it was discovered that the existing deck, railing and supports contained dry -rot. He therefore recommended replacement of the deck from the $1b,000 Falkirk Reserve Fund, with any remaining funds to be applied to other minor project improvement work. 51 Councilman Nixon moved and Councilman Jensen seconded, to approve the staft recoinmendation regarding the $16 000 Falkirk Reserve Fund being used to replace the deck and to be applied to other minor improvement work. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: COMMUNICATION FROI4 TOWN OF CORTE MADERA RE CONDOMINIUM CONVERSION PROJECT - File 9-5-C Letter from Town of Corte Madera asked support for their appeal to Board of Supervisors regarding Village Green Condominium Conversion. No action was taken, since City Manager Bielser notified the Council that the matter had been taken care of. RE: PARKS & RECREATION COMMISSION RECOMMENDATION RE PROGRAM PLAN FOR ALBERT PARK MASTER PLAN - File 4-3-66 The Council heard a presentation by George Gervin, architect with the firm of Royston, Hanamoto, Beck & Abey, accompanied by drawings showing their latest concept for the Albert Park Master Plan. The Council thanked Mr. Gervin for his presentation. (Councilman Nixon left the meeting) RE: SMITH RANCH ASSESSMENT DISTRICT NO. 2 - File 6-33 RESOLUTION NO. 5459 - ABANDONING PROCEEDINGS FOR THE FORMATION OF SMITH RANCH ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RE: SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32 RESOLUTION NO. 546U - AMENDING RESOLUTION OF INTENTION NO. 5194, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RESOLUTION NO. 5461 - AMENDING DESIGNATION OF PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AMENDED AGREEMENT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, IVIARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RESOLUTION NO. 5462 - ACCEPTING REPORT AND SETTING HEARING OF PROTESTS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RESOLUTION NO. 5463 - CALLING FOR CONSTRUCTION BIDS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon Councilman Jensen moved and Councilman Miskimen seconded to call for construction bids, with bid date of May 23, 1978, at 2:UO PM. AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon Councilman Jensen moved and Councilman Miskimen seconded, that the City of San Rafael retain ownership of the entire street lighting system. AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon (Councilman Nixon returned) RE: REPORT ON PURCHASE OF STREET LIGHTING SYSTEM - File 4-4 The Council considered a staff report which they had authorized, regarding the City's street lighting system. The conclusion of the report indicates basically that the City can save $lUU,000 a year by ac- quiring the City street lighting system. 52 After discussion Councilman Nixon moved and Councilman ivliskimen seconded, to direct staff to begin nego- tiation with Pacific Gas & Electric Company regarding City's acquisition of the street lighting system. AYES: COUNCIL14EN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON PUBLIC WORKS COUNTER -CYCLICAL FUNDING - File 6-14 The Council considered a report from Finance Director Coleman, stating that he had been advised by the Department of the Treasury that the City will not be receiving any antirecession funds for the April/June 1976 quarter, since our unemployment rate is now below the minimum 4.5% rate necessary for further funding. The report pointed out that the City now has two employees funded from the anti - recession funds: Art Brook, Associate Planner @ $1,299 monthly, and Ralph Boatman, Planning Technician @ $1,165 monthly. Mr. Coleman also stated that it is possible that funding could be resumed after July if the City's unemployment rate goes above 4.5% After discussion Councilman Jensen moved and Councilman Miskimen seconded, to move Associate Planner Brook into the recently vacated permanent City position of Associate Planner; and Planning Technician Boatman be retained on a temporary basis. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: DISCUSSION OF INSTALLATION OF BARRIER, ANDERSEN DRIVE - File 11-12 x 9-3-3U Public Works Director Caillouette recommended that, as a deterrent to the speeding on Andersen Drive, speed limit signs be posted and striping be done. With these precautions, the Police Department will then have authority to cite violators and will have better control of the situation. If this does not prove effective it will be necessary to look toward closing of the street. The Council approved the staff recommendation regarding striping and signs. ann TTFPnC- RE: REQUEST FOR SIGN - SAN RAFAEL HIGH SCHOOL - File 125 City Manager Bielser reported that he had a request from the San Rafael High School Student Body to allow construction of a large sign adjacent to Third Street. They also requested waiver of the $95 variance cost. Councilman Jensen moved and Councilman Nixon seconded, to waive the variance fee, and have staff work with the student body in going through the Planning process, as a learning experience. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REQUEST FROM ECUMENICAL HOUSING FOR WAIVER OF FEE - File 9-10-2 City Manager Bielser informed the Council that Ecumenical Housing has requested a waiver of the Use Permit and Variance Fee of approximately $160, relating to work being done on their offices. Mr. Bielser stated he felt this might establish a precedent. Councilman Jensen moved and Councilman Miskimen seconded, to accept the recommendation of the City Manager and deny the request for a waiver of fee. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The Council adjourned to their next regular meeting on May 15, 1976. A E M. LEONCINIi,e---C- i �tClerk APPROVED THIS /S 7d DAY OF , MAYOR OF THE CITY OF SAN RAFAEL 19-7—F 53 in the Council Chambers of the City of San Rafael, Monday, May 15, 1976, at B:OU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry E. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of May 1, 1976, meetings Claim for Damages - Albert Lucas - File 3-1-330 Claim for Damages - Pauline L. & E. H. Senner - File 3-1-333 Claim for Damages - Helen Dowden - File 3-1-336 Resolution Establishing Salary for CETA Word Processing Clerk - File 7-4 Authorization to Apply for Land & Water Con- servation Funds for Pickleweed Park Develop- ment - File 2-1-55 Grant of Drainage Easement - Lot 66, Peacock Drive - File 2-4 Angiolini Annexation, Approved by LAFCo - File 5-2-76 Recommended Action Approved as submitted. Approved R. L. Kautz Co's recommendation for denial. Approved R. L. Kautz Co's recommendation for denial. Approved R. L. Kautz Co's recommendation for denial. RESOLUTION NO. 5464 - AMENDING RESOLUTIOii NO. 5134 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES (Word Processing Operator). RESOLUTION NO. 5465 - APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS, PICKLEWEED PARK DEVELOPMENT PROJECT. RESOLUTION NO. 5466 - ACCEPTING GRANT OF EASEMENT ON LOT 66 AT 96 PEACOCK DRIVE, SAN RAFAEL, CALIFORNIA RESOLUTION NO. 5466 - ORDERING AN ANNEXATION OF TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION ACT. Report on Applications for Fire Commission - Extended application period for 3U days. File 9-2-5 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CLAIM FOR DAMAGES - FIREMAN'S FUND INSURANCE COMPANY (ELIZABETH ANDERSON) - File 3-1-339 Item continued to June 5, 1976 meeting. RE: PARKING METER BUGGY REPLACEMENT - File 4-2-13 Council considered a staff report, giving the relative merits of a gas -powered meter buggy and a battery -powered electric model. Report indicated that Cushman is the sole supplier for the gas - powered model. After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation to purchase a gas -powered vehicle at an estimated cost of $4,7UU. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PURCHASE OF FIVE POLICE VEHICLES AND TWO PUBLIC WORKS VEHICLES - File 4-2-129 x 9-3-30 x 9-3-40 RESOLUTION NO. 5467 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PURCHASE OF POLICE UNDER COVER VEHICLES AND PUBLIC WORKS VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (to Hertz, Low Bidder) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RECOMMENDATION RE LIABILITY INSURANCE DEFENSE COUNSEL - File 9-6-1 Item continued to June 5, 1978 meeting. 54 RE: PERSONS WISHING TO ADDRESS COUNCIL CABLE TV SERVICE TO OAKMONT COURT, FAIRHILLS AREA - File 9-7-4 Michael Taekman of 15 Oakmont Court in the Fairhills area, requested service be extended by Viacom to Oakmont Court, since all residents are unanimous in desiring it, and are concerned that if Phase II fails they may not receive the service. The Council was informed by staff that the cable service could be extended over the top of the hill, from Chula Vista, and that Viacom was willing to share half of the cost if the City would pick up the other half. Total estimate is $3,500. After discussion, Councilman Jensen moved and Councilman Miskimen seconded, to approve the extension of Cable TV service to Oakmont Court, with City paying $1,750 out of Showtime revenus, and Viacom paying like amount. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Staff was then directed by Council to make a study of the possibility of Cable TV connections to ad- jacent properties while extending service from Chula Vista. RE: FINAL ADOPTION - ORDINANCE NO. 1296 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFOR- NIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM RMP -0.5 RESIDENTIAL MULTIPLE PLANNED, ONE UNIT PER TWO ACRES DISTRICT TO R -1-B-1 SINGLE FAMILY RESIDENTIAL. MINIMUM BUILDING SITE AREA 7.500 SQUARE FEET DISTRICT 2464 rittn Avenue) - rile b -L -/b CHARTER ORDINANCE NO. 1296 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.02U of the Municipal Code, so as to Reclassify Certain Real Property from RMP -U.5 (Residential Multiple Planned, One Unit per Two Acres) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 square feet) District, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1297 - AMENDING CHAPTER 2.18, HISTORIC PRESERVATION, OF THE SAN RAFAEL MUNICIPAL CODE - File 13-14-2 CHARTER ORDINANCE NO. 1297 - An Ordinance of the City of San Rafael, Amending Chapter 2.18, Historic Preservation, of the San Rafael Municipal Code, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT BY MAYOR BETTINI ON COUNCIL POLICIES - File 9-1 Policy set forth by Mayor Bettini, and accepted by the Council, was that requests for projects which will require more than normal routine staff work should come before the Council for approval. Councilman Mulryan inquired about a committee of two Council members to review expense account statements. Mayor Bettini agreed that he will appoint two Council members to serve for six months at a time, for the purpose of reviewing expense accounts of the Mayor and Councilmen. RE: PRESENTATION BY CHINA CAMP STATE PARK PLANNING TEAM - File 12-5 Council heard a presentation by Norm Kucala, a Department of Parks and Recreation Staff Planner for the State of California, and Jack Hesemeyer, Area Manager for the Marin area for the State Department of Parks and Recreation, on the latest plans for the park as a result of the meetings they have been holding. It contained modified overnight camping areas, considering accommodations for the approximately 16% of visitors who would come to the park from outside the Bay Area and would be interested in overnight camping. The use of North San Pedro Road for access was also discussed, and the impact on surrounding neighborhoods. After further discussion, Councilman Nixon moved and Councilman Miskimen seconded, to adamantly reaffirm the City Council's position with regard to having no overnight camping in the China Camp State Park. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 55 Councilman Miskimen then moved and Councilman Nixon seconded, to contact Congressman Burton and explain the recreational deficiencies as set forth on page 2 of the State Planning Team's report and urge that he take all action possible to increase the overnight camping facilities in the Golden Gate National Recreation Area. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Jensen left meeting) RE: CONCEPTUAL PLAN FOR TERRA LINDA RECREATION CENTER ADDITION - File 9-3-65 Council heard an explanation from Recreation Director Jauch on the proposed plans, which are to be done with the $35,000 capital improvement funds budgeted for this purpose. It involves changing the entrance to the Center, and moving the offices away from the pool area and closer to the activity area of the building. Architect Allen Schafer, who volunteered his services, further explained the plans with the help of drawings. The Council thanked Mr. Schafer, and complimented Director Jauch on his careful and astute use of the funds. Councilman Nixon moved and Councilman Mulryan seconded, to approve the plans in concept. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REUUEST TO HOLD BINGO GAMES AT COMMUNITY CENTER - File 9-3-65 Council considered a request from City of Hope for use of the San Rafael Community Center twice a month, on Mondays, for Bingo games. Recreation Director Jauch stated he had no objection since Monday is a lightly used night at the Center, but that it was against the Council's policy to grant regular use of the facility to a public group. After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, to grant approval to the City of Hope for use of the Center on a month-to-month basis, and that if it develops other groups are being displaced the use approval may be withdrawn. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Playor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen (Councilman Jensen returned to meeting) RE: APPROVAL OF THE 1978 SUMMER RECREATION PROGRAM - File 9-3-b5 Councilman Mulryan moved and Councilman Miskimen seconded, to approve the 1976 Summer Recreation Program as submitted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Nixon left the meeting) RE: CONTRACTUAL AGREEMENTS FOR RECREATION SERVICES - File 9-3-65 RESOLUTION NO. 5469 - AUTHORIZING THE SIGNING OF A CONTRACT(S) (Summer Recreation Program Instructors: Steven Cermak, Dance; Carl Clement, Tumbling; Jack Hyde, Soccer; Marin Self Defense School, Judo; John Panagakis, Basketball; Las Gallinas Driving Range, Golf; Carl Parfitt, Photography; Darrell Jorgenson, Diving; Samual Taylor Livery Co., Horseback Riding) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PROPOSED CULTURAL AFFAIRS SUMMER PROGRAM - File 9-2-24 Councilman Mulryan moved and Councilman Miskimen seconded, to approve the proposed Cultural Affairs Summer Program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PROPOSAL OF CITY/COUNTY SERVICES COMMITTEE RE DISTRIBUTION OF MONIES - File 4-13-38 x 147 x 9-3-40 City Manager Bielser briefed the Council on the differing proposals for distribution of various monies to which the City of San Rafael is entitled. Funds include: Local Parks Assistance, HCDA, I FAU, Urban Thoroughfare, County Undergrounding, and perhaps others. Staff is recommending that the City of San Rafael endorse the use of distribution of funds on a straight population basis wherever legally possible, and that this position be conveyed to the City/County Services Committee, the Marin County Council of Mayors and Councilmen, and to the Nlarin County Board of Supervisors. 56 Councilman Mulryan moved and Councilman Jensen seconded, to accept the recommendation of staff. AYES: COUNCILMEN: Jensen, Miskimen, lvlulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PROPOSED FEE SCHEDULE - CERTIFICATES OF COMPLIANCE - File 9-1u-2 x 9-3-40 Council considered a report by Public Works Director Caillouette, on the requirement of the State Subdivision Map Act for Certificates of Compliance. He therefore suggested that the Council adopt a resolution amending the Plaster Fee Schedule by adding fees for the processing of Certificates of Com- pliance. Amount specified is $5U.UO. RESOLUTION NO. 5470 - RESOLUTION OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE SCHEDULE BY ADDING THERETO SECTION 11.4.1 FOR FEES FOR THE PROCESSING OF CERTIFICATES OF COMPLIANCE AYES: COUNCILMEN: Jensen, Miskimen, lylulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: APPLICATION FOR NON -EMERGENCY MEDICAL SHUTTLE SERVICE - 9-9 Finance Director Coleman presented an application from Williams Medical Transportation, Inc., for non -emergency medical transportation. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the application. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: Nixon RE: REPORT ON PLANNING COMMISSION ACTION, PEACOCK GAP NEIGHBORHOOD PLAN - File 10-2 x lbb Planning Commission at their meeting of May 9, 1978, were divided in their opinions as to priorities for preparation of neighborhood plans, and therefore did not establish any change. Their minutes re- flect that Commissioner Lund abstained from the discussion; Commissioners Nissen, Rodrigues and Starkweather felt that the Lincoln Avenue Neighborhood Plan should be given the next priority; and Commissioners Breiner, Duggan and Boro felt that the Peacock Gap Neighborhood Plan should be given the next priority. (Councilman Nixon returned during discussion) Councilman Miskimen moved and Councilman Mulryan seconded, that Peacock Gap Plan be given second pri- ority, and Lincoln Avenue plan be given third priority. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADDITIONAL, NON -AGENDA ITEMS: RE: HCDA FUNDS FOR BELLAM BOULEVARD PROJECT - 4-13-38 (Verbal report) City Manager Bielser asked for authorization from the Council to allocate $53,000 out of the $145,uuu in HCDA funds, for the Bellam Boulevard Project. Councilman Miskimen moved and Councilman Mulryan seconded, to approve the allocation of $53,000 from HCDA funds. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CLAIM FOR DAMAGES - KATHRYN DAVENPORT - File 3-;-330a x 9-3-40 Staff requested approval of a settlement to Kathryn Davenport for damage from a blocked sanitary sewer. Amount of settlement, $2,295. Councilman Jensen moved and Councilman Miskimen seconded, to approve the payment of the $2,295 settlement. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BUDGET HEARINGS ON REVENUE SHARING PROJECTS - File 8-5 (Verbal report) City Manager Bielser informed the Council that under the new Federal Sharing requirements, a public hearing must be held two weeks prior to budget hearings on Revenue Sharing projects. 57 RE: MARIN MUNICIPAL WATER DISTRICT CONSIDERATION OF LIFTING MORATORIUM - File 151 (Verbal Report) City Manager Bielser reported that at 4 P1v1 on May 24, 1978, the Marin Municipal Water District Board will meet to consider lifting of the water moratorium. Councilman Jensen moved and Councilman Miskimen seconded, that Mr. Bielser attend the meeting and pre- sent the Council's policy, urging lifting of the moratorium. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AMENDMENT TO RESOLUTION NO. 5391 PERTAINING TO COMPENSATION FOR MANAGEMENT AND UNCLASSIFIED EMPLOYEES - File 7-4 City Manager Bielser informed the Council that the City Librarian position was inadvertently omitted when Resolution No. 5391 was adopted. RESOLUTION NO. 5471 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5391 PERTAINING TO THE COMPENSATION FOR MANAGEMENT AND UNCLASSIFIED EMPLOYEES (City Librarian) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION COMMENDING SOCCER COACH ED WRIGHT - File 102 RESOLUTION NO. 5472 - RESOLUTION COMMENDING SOCCER COACH ED WRIGHT AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to their next regular meeting on June 5, 1978. ANNE IA. LEONCINI, City Clerk APPROVED THIS J� DAY OF , 1979 6 eaml -- - MAYOR OF THE CI OF SAN RAFAEL a In Room 201, City Hall, City of San Rafael, Monday, May 22, 1978, at 8:UU Piv1 Joint Meeting: Present: C. Paul Bettini, Mayor/Agency Member City Council and Fred Jensen, Councilman/Agency Member Redevelopment Agency John A. Miskimen, Councilman/Agency Member (Arrived @ 8:25 PM) Lawrence E. Mulryan, Councilman and Agency Chairman Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager/Agency Executive Director; Edward P. Ward, City Real Estate Officer/Agency Associate Director; Jeanne M. Leoncini, City Clerk/Agency Secretary. AGENCY: RE: INTERVIEWING OF APPLICANTS FOR REDEVELOPMENT CITIZENS ADVISORY COMMITTEE Agency interviewed Robert M. Jones, applicant for vacancy on the Redevelopment Citizens Advisory Committee caused by the resignation of Sig Herzog. After discussion, Member Bettini moved and Member Jensen seconded, to appoint Robertfvl. Jones to fill the unexpired tgerm until June 1979. AYES: MEMBERS: Bettini, Jensen and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Miskimen and Nixon CITY: RE: INTERVIEWING OF APPLICANTS FOR FIRE COMMISSION - File 9-2-5 Council interviewed two applicants, Langdon "Tad" Alvord and Jan Ryssemus, for one vacancy on the Fire Commission. (Councilman Miskimen arrived during interview of Mr. Al vord) After discussion, it was agreed that as Council, on May 15, 1978, had extended the filing period for 30 days, no decision be made pending possible receipt of additional applications. CITY/AGENCY: The City Council/Redevelopment Agency then met in Executive Session to discuss property acquisition. No action was taken. Meeting adjourned to the next regular meeting of June 5, 1978. J ANNE M. LEONCINI City Clerk/Agency Secretary APPROVED THIS 5 -/t;l DAY OF , 19 78 59 In Room 201, City Hall, City of San Rafael, Monday, June 5, 1978, at 8:00 PM Joint fleeting: Present: C. Paul Bettini' Mayor/Agency Member City Council and Fred Jensen, Councilman/Agency Member Redevelopment Agency John A. kliskimen, Councilman/Agency Member Lawrence E. Mulryan, Councilman and Agency Chairman Jack G. Nixon, Councilman/Agency Member Also Present: William J. Bielser, City Manager/Agency Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Harry A. Connick, City Attorney/Agency Attorney RE: RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY TO AUTHORIZE THE SALE OF PROPERTY ON EAST FRAN- CISCO BLVD. OFF GRAND AVENUE FORMER SCHLOSSER PROPERTY - AP 14-133-05 TO ANGELO FERRO - File R-77 RESOLUTION NO. 78-37 - TO AUTHORIZE THE SALE OF PROPERTY ON EAST FRANCISCO BOULEVARD OFF URAND AVENUE (FORMER SCHLOSSER PROPERTY - AP 14-133-U5) AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None RE: RESOLUTION OF THE SAN RAFAEL REDEVELOPMENT AGENCY TO AUTHORIZE THE LEASE, DEVELOPMENT AND DISPO- SITION OF PROPERTY ON IRWIN AND THIRD STREETS AP 14-122-06, U7, 08, 09, 10, and 11) - File R-47 RESOLUTION NO. 78-38 - TO AUTHORIZE THE LEASE, DEVELOPMENT AND DISPOSITION OF PROPERTY ON IRWIN AND THIRD STREETS (AP 14-122-06, 07, 08, 09, 10, and 11) AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None RE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE REGARDING THE AMENDED LEASE AND SALE TO SIDNEY HENDRICKS - File lb7 RESOLUTION NO. 5473 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING THE AMENDED LEASE AND SALE TO SIDNEY HENDRICKS 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 TO COMPLY WITH SEC. 33433 OF THE CALIFOR- NIA HEALTH & SAFETY CODE REGARDING SALE TO FERRO -File 167 RESOLUTION NO. 5474 - TO COMPLY WITH SEC. 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO FERRO (Schlosser Property) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council/Agency adjourned to the regular City Council meeting immediately following this meeting. City Clerk/Agency Secretary APPROVED THIS / DAY OF , 19 7 P SAN RAFA M In the Council Chambers of the City of San Rafael, Monday, June 5, 1978, at 8:UU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: SPECIAL PRESENTATION - File 102 Mr. Bryce Anderson made a presentation of the San Rafael Centennial Youth Award to Lorelei L. Stoufer of Terra Linda High School in the form of a $15U scholarship for her contribution to the community in serving as president of the Beautification Committee at the school which included activities such as landscaping and painting. Certificates were also presented to the students who were runners up, all of whom had received serious consideraion for the award because of their community service activities. RE: CONSENT CALENDAR Councilman Mulryan moved and Councilman Miskimen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of May 15 and 22, 1978 Meetings. Claim for Damages - Michael Arena, File 3-1-343 Claim for Damages - Lorenzo Johnson, File 3-1-344 Claim for Damages - Raymond Smith, File 3-1-345 Vacation of Surplus Portion of North San Pedro Road at Merrydale Road - File 3-5-25 Grant of Additional Road Right -of -Way - Third Street between Tamalpais Avenue and Hetherton Street - File 2-2 Resolution Authorizing Staff to Apply for Title V Grant Funds - Terra Linda Recreation Center - File 168 State Proposal to Terminate Funding for Blood Alcohol Program - File 9-3-30 Resolution Adopting Provisions of California Code of Civil Procedure - File 9-3-16 Recommended Action Approved as submitted. Approved R. L. Kautz Co's recommendation for denial. Approved R. L. Kautz Co's recommendation for denial. Approved R. L. Kautz Co's recommendation for denial. RESOLUTION NO. 5475 - RESOLUTION OF INTENTION TO ORDER VACATION OF PART OF PUBLIC STREET (San Pedro Road at Merrydale Road). Set Public Hearing for July 17, 1978. RESOLUTION NO. 5476 - ACCEPTING CONVEYANCE OF REAL PROPERTY FOR ROAD WIDENING PURPOSES FROM CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION. RESOLUTION NO. 5477 - APPROVING THE CITY MANAGER'S APPLICATION FOR TITLE V FUNDS UNDER THE OLDER AMERICANS ACT AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT (for Terra Linda Recreation Center) Agreed to oppose cancellation of program. RESOLUTION NO. 5478 - ADOPTING THE PROVISIONS OF SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE REGARDING JUDICIAL REVIEW OF ADMINISTRATIVE DETERMINATIONS. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. (Councilman Nixon left meeting) a. RESOLUTION NO. 5479 - DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon b. Council approved filing of the Amended Report. 61 c. Council; app-ro-ved filing of Consent of Property Owner. d. Council received letter from Stone & Youngberg amending Commitment Letter. e. RESOLUTION NO. 5480 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE LAS GALLINAS VALLEY SANITARY DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon f. RESOLUTION NO. 5481 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE MARIN MUNICIPAL WATER DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon g. RESOLUTION NO. 5482 - APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENTS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon h. RESOLUTION -N0. 5483 - AUTHORIZING CHANGES IN WORK TO BE MADE BY THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF SAN RAFAEL, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon i. RESOLUTION NO. 5484 - RESOLUTION OF AWARD OF CONTRACT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (To lowest responsible bidder, Tyler -Engelke Corp.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon j. Notice of Award of Contract - notice to be published. k. RESOLUTION NO. 5485 - AUTHORIZING SALE OF BONDS, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (to Stone & Youngberg) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 1. RESOLUTION NO. 5486 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SMITH RANCH - NORTHERLY PORTION" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon m. RESOLUTION NO. 5487 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SMITH RANCH - SOUTHERLY PORTION" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Mr. Robert Brunsell of Sturgis, Ness and Brunsell, stated for the record that Pacific Telephone and Pacific Gas & Electric agreements will be presented shortly. Public Works Director Caillouette asked the Council, with regard to Mr. Smith's letter and offer of funding toward construction of the on-ramp, for authorization to talk with CALTRANS and see what is to be done regarding timing, etc. Mr. Caillouette will then report back to the Council. Councilmen Jensen moved and Councilman Miskimen seconded, to authorize Mr. Caillouette to discuss the matter with CALTRANS. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 62 RE: PUBLIC HEARING - REZONING, 99 SMITH RANCH ROAD AT CRESTA DRIVE (A 5 ACRE PORTION OF AP #155-120-70) (Z78-9)MODIFICATION OF P -D PLANNED DEVELOPMENT DIASTER PLAN: EDWARD & JORDAN SMITH, OWNERS, CAL FORNIN STATE AUTOMOBILE ASSOCIATION, REP. - File 10-3 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to certify the Nagative Declaration as to Environmental Impact. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon CHARTER ORDINANCE NO. 1298 - An Urgency Ordinance of the City of San Rafael Amending Ordinance No. 1219 which Amended the Boundaries of Districts in Accordance with Section 14.02.010 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from "P -D" (Planned Development) District to "P -D" (Planned Development) District by Amending the Master Plan, was adopted as an urgency ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon (Councilman Nixon returned to meeting) RE: PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION - A77-3, CONSIDERATION OF REVOCATION OF PERMIT TO KEEP CHICKENS, 16 HACIENDA COURT: CAROL ANN TYE, APPLICANT: R-1 DISTRICT: AP #15-012-07 - File 10-10 Mayor Bettini declared the public hearing opened. Council considered letters of complaint, and letters of support, from neighbors. They heard from Mrs. Carol Ann Tye, whose son has been raising the chickens as a 4-H project. She stated they have tried to keep the area clean, and offered to paint the chicken coop to match their house, and to reduce the number of chickens or get rid of the rooster, if required. Council then heard from Jerry Van Soest of 24 Hacienda Court, who complained about flies, odors, and the fact that the rooster crows at any hour of the day. Since he works nights and sleeps during the daytime he felt this was an extreme annoyance. There being no further public input, the public hearing was declared closed. After discussion, Councilman Jensen moved and Councilman Nixon seconded, that the appeal be denied and action of the Planning Commission sustained, and that revocation of the permit to keep the chickens take place on September 1, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: None RE: PERSONS WISHING TO ADDRESS COUNCIL - File 8-5 Mrs. Marilyn Weller of the Canal Community Council spoke regarding citizen participation in budget ses- sions, and was told by Mayor Bettini that all budget sessions are open meetings and the reason they have been held in the Public Works conference room in recent years is because there was little or no public participation. He informed her that the upcoming budget sessions are scheduled to be held in the Council Chambers, with notices of meeting dates given to newspapers. RE: REQUEST FOR FURTHER EXTENSION OF USE PERMIT - #2 BROOKDALE: STANLEY A. FEINGOLD, APPLICANT - File 10-5 Mr. Feingold requested a 120 -day extension of his Use Permit and Variance Permit in order to clear title on this portion of Linden Lane which is in question. He stated he had just received a paper from the title company which indicates he owns the underlying street. Councilman Mulryan moved and Councilman Miskimen seconded, to grant the 120 -day extension on the Use Permit and Variance Permit. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION RE CLOSE UP PROGRAM - File 9-4 Council heard from Anne Miskimen, who urged the Council to support Assembly Constitutional Amendment No. 85, which would add a provision to the Constitution that a United States citizen residing in Cali- fornia who will become 18 years of age on or before the date of the statewide general election may vote in any election conducted on the day of the immediately preceding direct primary election. Councilman Mulryan moved and Councilman Jensen seconded, that the Council support Assembly Constitu- tional Amendment No. 85. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 63 RE: COMMUNICATIONS FROM MRS. LOUISE SOUSA - File 13-1-1 a. Posting of Handicapped Signs on Private Property by City. b. Discussion of Drinking Fountain at Court Street Mall. c. Police Response to Private Property. Continued to Council meeting of June 19, 1978, since Mrs. Sousa could not be present at this meeting. RE: REPORT ON COMMISSION VACANCIES a. Planninq Commission - File 9-2-6 Councilman Mulryan moved and Councilman Miskimen seconded, to reappoint Commissioners Dorothy Breiner and Edmumd Duggan, whose terms will expire in July of this year, both terms to run until July 1982. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. Cultural Affairs Commission - File 9-2-24 Council accepted staff recommendation that a decision on the vacancy caused by the resignation of Patricia Meyer be held off until Proposition 13 is decided. c. Library Board of Trustees - File 9-2-3 Council accepted staff recommendation that a decision on the vacancy caused by resignation of Eliza- beth Merriman be held off until Proposition 13 is decided. d. Fire Commission - File 9-2-5 Council received a report from staff that two applicants have been interviewed and a third applica- tion has been received for the vacancy on this Commission. The application period is open until June 15. This item to be continued to the Council meeting of June 19, 1978. RE: IMPLEMENTATION OF EMPLOYEE RELATIONS CONTRACTS - File 7-3 Continued to June 19, 1978 meeting. RE: STAFF REQUEST FOR COUNCIL INPUT FOR CHARTER AMENDMENTS ON NOVEMBER BALLOT - File 9-4 Council directed the City Attorney to prepare Charter amendments for the Novewmber ballot on the fol- lowing: Raise the bid limit to $5,000; Leases to be by Ordinance, unless the term of lease is five years or less, or the total rent does not exceed $6,000; City Tax Collector position to be deleted from the Charter. RE: REPORT ON COUNTY RECOMMENDATIONS, 1978/79 BAHIA VISTA COMMUNITY SCHOOL PROGRAM - File 4-13-52 City Manager Bielser briefed the Council, and recommended that the City request the Board of Super- visors to have the County fund the full amount of the program, approximately $14,015. Councilman Nixon moved and Councilman Miskimen seconded, to approve the staff recommendation and appeal to the Board of Supervisors to fund the full amount. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM THE AMERICAN BUILDING DEVELOPERS RE PARKING IN LIEU FEES - File 1U-2 Council heard from Edward H. Kuykendall, General Partner of The American Building, regarding required parking spaces for their proposed American Building at Fifth Avenue and "D" Street. He stated that he is required to have 120 parking spaces and he has so far figured 95 spaces. Planning Commission has granted a variance of 10%, and recommends that 13 spaces be compensated for by "in lieu" fees. Mr. Kuykendall stated that he could, through increasing the compact car spaces, reduce the difference to 10 spaces. Councilman Jensen moved and Councilman Miskimen seconded, to approve the "in lieu" fee for 1U spaces at $5,000 per space, providing the necessary compact car spaces are included in the plan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR CITY TO SHARE IN COST FOR SEWER EASEMENT PROTECTION - 88 WINDSOR AVENUE - File 9-3-40 x 12-9 Council considered a report from Public Works Director Caillouette, recommending that the City pay for the construction of an interceptor ditch above the property at 88 Windsor Avenue, to protect the City's sanitary sewer. After a recent landslide, the property owner, Paul Castagna, made a costly emergency repair just below the sanitary sewer easement, which undoubtedly provided protection to the City's sewer line. Mr. Caillouette stated that his recommendation applies only if the City receives a release approved by the City Attorney which protects the City from any liability for the slide or slide repair. Cost of the lined interceptor ditch would be approximately $2,000 to $2,50U. Councilman Jensen moved and Councilman Nixon seconded, to approve staff recommendation for construc- tion of the lined interceptor ditch at an approximate cost of $2,000, with the provision regarding release from liability. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON SPINNAKER POINT DEVEOPMENT HAZARD PROTECTION REQUIREMENTS - File 12-5 Public Works Director Caillouette informed the Council of proposed levee improvements to be constructed around the Spinnaker Point Development for protection against flooding and tsunamis. The proposed levee protection would encompass the entire development, and would be adjacent to the Canal to the north, Bay frontage to the east, lands of Holiday Magic to the south, and the Bahia developments to the west. In order to provide complete perimeter protection around the development, a portion of Canal Street near Schoen Park will be raised approximately 4 to 5 feet to meet the grade of the existing levee adjacent to the Canal. This will result in Schoen Park being at a lower elevation than the street and levee and more or less in a hole. To prevent this, the developer has agreed to raise the grade of the park to a higher elevation. Mr. Caillouette asked for authorization from the Council to consult with the Landscape Architect for Pickleweed Park, Mr. Bruce Shaffer, to develop a plan for Schoen Park which will provide the most feasible tie between the new Spinnaker Shoreline Park and the new Pickleweed Park. Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: MARIN MUNICIPAL WATER DISTRICT PAYMENT FOR PAVING OF STREETS - CANAL AREA - File 151 Public Works Director Caillouette reported that there is a deposit on hand from the Marin Municipal Water District amounting to $24,659.12 which represents a savings on certain emergency pipeline work by the MMWD in the Canal area. This was due to reduced requirements for trench restoration. Director Caillouette requested that the Council, by motion, direct that the funds be approriated specif- ically for street reconstruction and/or resurfacing in the Canal area. Councilman Jensen moved and Councilman Nixon seconded, to approve staff recommendation on use of the $24,659.12 on deposit from the MMWD. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED CITY OF SAN RAFAEL/HOUSING AUTHORITY AGREEMENT FOR RESIDENTIAL REHABILITATION LOAN PROGRAM - File 157 x 4-13-53 RESOLUTION NO. 5466 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin Housing Authority re Residential Rehabilitation Program) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Agreement is to be revised to include a 30 -day cancellation clause. RE: GRANT APPLICATION TO CALIFORNIA ARTS COUNCIL FOR FUNDING CITY CULTURAL NEEDS ASSESSMENT PROJECT SURVEY - File 4-10-110 ,r, %, RESOLUTION NO. 5469 - RESOLUTION APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR GRANT FUNDING FROM THE CALIFORNIA ARTS COUNCIL AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini 140ES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF DATE FOR JULY 3RD COUNCIL MEETING - File 9-1 Council discussed the possibility of changing the date of the first meeting in July, due to the Fourth of July holiday falling on a Tuesday. Councilman Jensen moved and Councilman Mulryan seconded, to hold the meeting on Wednesday, July 5, 1976. AYES: COUNCILMEN: Jensen, Mulryan and Nixon NOES: COUNCILMEN: Miskimen and Mayor Bettini ABSENT: COUNCILMEN: None RE: PROGRESS REPORT ON WEST FRANCISCO BOULEVARD EXTENSION PROJECT - File 9-3-4U Council received a status report from Public Works Director Caillouette, and agreed with his recommenda- tion that a positive letter should be directed to the Northwestern Pacific Railrozd requesting that they take all possible action to conclude the project. 65 RE: SAN PEDRO COVE - UNIT ONE - File 5-1-240 a. Resolution Approving Final Map RESOLUTION NO. 5490 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SAN PEDRO COVE - UNIT ONE" (Paganini) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. Approval of Agreement and Bond for Sanitary Sewer System Councilman Miskimen moved and Councilman Jensen seconded, to approve agreement and bond for sani- tary sewer system, subject to conditions as listed by staff. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR ACTUARIAL STUDY - CITY RETIREMENT SYSTEM - File 7-1-26 (Oral Report) Councilman Mulryan stated he had this item put on the agenda, because he feels that the City should have an actuarial study made of the retirement program. There has been considerable publicity about the program, and he is concerned about the possibility of the City having to raise their contribution. After discussion, it was agreed that City Manager Bielser would contact the firm which recently com- pleted the actuarial study for the County, and to solicit inquiries from other firms also. ADD ITEMS RE: ACQUISITION OF 4.5 ACRES OFF LYNN COURT - File 13-14-1 City Manager Bielser recommended to the Council that they approve purchase of 4.6 acres off Lynn Court from Open Space funds. The area is on the open space inventory. RESOLUTION NO. 5491 - AUTHORIZING THE PURCHASE OF 4.5 ACRES OF OPEN SPACE - RUEB PROPERTY (AP #13-271-3U) (For $28,150) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROBLEM OF NONCONFORMING USE AT 23 HEPBURN HEIGHTS - File 3-3-28 x 9-3-16 Mayor Bettini directed City Attorney Connick to resolve the problem of nonconforming use at 23 Hepburn Heights without further delay. The City Council adjourned, to meet in Executive Session as the Redevelopment Agency, to discuss property acquisition. ."_� A NNE M. LEONCINI, tity Clerk APPROVED THIS 9 DAY OF 19 7k V N111 MAYOR OF THE CITY OF SAN RAFAEL SIC In the Council Chambers of the City of San Rafael, Monday, June 12, 1973, at 7:30 PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. wliskimen, Councilman Lawrence E. Mulryan, Councilman Jack U. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney Mayor Bettini stated he did not feel that the Council was prepared to discuss the budget at this time, due to the fact that the City does not know what monies will be coming from the State. There followed a discussion on possible sources of revenue, such as raising of fees for various ser- vices. Also discussed was the possibility of savings derived from not filling vacancies as they occur except where absolutely essential. City Manager Bielser was asked to brief the Council on his study regarding the impact of Proposition 13, including possible ways of curtailing expenses and of increasing revenues. Mr. Bielser Driefed the Council on the recommendations in his report. The subject of employee contracts was discussed, and continued to the regular Council meeting of June 19, 1978, in the hope that more information would be forthcoming from Sacramento. With regard to personnel, City Manager Bielser was asked to circulate a questionnaire to all personnel, asking if they plan to retire between the present time and the end of calendar year 1978, and asking if they plan to take a job elsewhere. The questionnaires are not to be signed, but should show what type of position the per- son holds. Report is to be made at the regular Council meeting on June 19th. At that time, new dates for budget hearings will be set if sufficient information has been received from Sacramento regarding allocation of the State's surplus funds to cities. Meeting adjourned to the next regular Council meeting Monday, June 19, 1978. J AN E Ih. LEONCINI, ity Clerk APPROVED THIS / 7 -4;1- DAY OF nJ7-' 19 7 77 C'' A MAYOR OF THE CITYSAN RAFAEL 67 In the Council Chambers of the City of San Rafael, Monday, June 19, 1978, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of June 5, 1978 Meetings. Application for Grant for Law Enforcement Purposes to Office of Criminal Justice Planning - File 9-3-30 Agreement for Street Improvements - Redwood Drive - File 4-10-112 Federal -Aid Urban Projects: a. Approval of Master Agreement b. Approval of Program Supplement No. 1 File 4-10-66 (Master Agreement) x 4-8-19 Southbound On-ramp) x 9-3-40-x 11-15-1 Hold Harmless Agreements for Canal Safety Swim Program - File 9-3-65 Administrative Hearing May 31, 1978, re Uses of Revenue Sharing Funds for FY 1978/79 File 8-5 x 8-9 Recommended Action Approved as submitted. RESOLUTION NO. 5492 - APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE OFFICE OF CRIMINAL JUSTICE PLANNING RESOLUTION NO. 5493 - AUTHORIZING EXECUTION OF AGREEMENT FOR COMPLETION OF STREET IMPROVE- MENT WORK ON REDWOOD DRIVE (W/Evangelical Covenant Church) RESOLUTION NO. 5494 - AUTHORIZING EXECUTION OF MASTER AGREEMENT FOR FEDERAL -AID PROJECTS IN THE CITY OF SAN RAFAEL RESOLUTION NO. 5495 - AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 1 TO FAU MASTER AGREEMENT FOR SOUTHBOUND ON-RAMP AT NORTH SAN PEDRO RUAD & STATE ROUTE 101 INTERCHANGE RESOLUTION NO. 5496 - AUTHORIZING THE SIGNING OF AGREEMENT (Hold Harmless Agreements w/Bahia de Rafael Townhouse Assn. & Fairfax Gardens, for Canal Safety Swim Program) Received report. Public Hearing to be set coincidental with budget hearings Review and Approval for Flood Control Zone #6 File 12-9 Approved. Deferred Compensation Administrator File 7-4-5 RESOLUTION NO. 5497 - APPOINTING THE ADMINIS- TRATOR OF THE CITY AUTHORIZED DEFERRED COMPEN- SATION PLAN (LaVon Eller in lieu of Richard Uchida). AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - PREZONING (PreZ78-11) - 3 RED ROCK WAY (AP #179-232-07), FROM COUNTY: A -2:b-4 (LIMITED AGRICULTURAL, ONE ACRE PARCEL) DISTRICT, TO CITY: R -1-B-4 (SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA ONE ACRE) DISTRICT. INITIATED BY SHAUN WILTSHIRE, REPRESENTED BY ROBERT C. MARTIN File 10-3 Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to make a Negative Declaration as to Environ- mental Impact. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini An ordinance of the City of San Rafael Amending the Zoning Flap of the City of San Rafael, California Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Prezone Certain Real Property from A -2:B-4 (Limited Agricultural, One Acre Parcel) District to R -1-B-4 (Single Family Residential, Minimum Building Site Area One Acre) District, and numbering Charter Ordinance No. 1299, was read, in- troduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini FROM f i RE: PUBLIC HEARING - Z75 -10(b) - DETAILED DEVELOPMENT PLAN FOR MARIN YACHT CLUB RESIDENTIAL COMPLEX; PT. SAN PEDRO ROAD NEAR SUMMIT; MARIN YACHT CLUB, OWNER: BRENT DICKENS & RICHARD TARRANT, REPS.; FROM U TO PUD -R-1 DIST.; PTN OF AP #09-031-U6 - File 10-5 x 2-8-6 Vice -Mayor Jensen declared the public hearing opened. Attorney Richard Tarrant asked for a continuation of the hearing, until the full Council could oe pres- ent. Bud Weisenburg asked that a firm date be set, so that those interested could be present. Vice -Mayor Jensen declared the public hearing closed. The Council, after discussion, continued the hearing until the Council meeting of July 17, 1978, when the full Council is expected to be present. RE: PUBLIC HEARING - ED77-123, UP77-95, V77-24, SR78-9 - GEMCO DEPARTMENT STORE; BELLAM BLVD. BETWEEN ANDERSEN DRIVE AND HIGHWAY 17; N. BLUMENFELD, OWNER; LUCKY STORES F. D. HELM, REP.; U DISTRICT; AP #18-051-18, #18-062-15/16 & 22 - File 1U-3/4/5 a. Appeal by Canal Community Council of Planning Commission's decisions re applications for Environ- mental Design Review, a Use Permit, a Variance, and Sign Review. Consideration of request for a waiver of appeal filing fee and Sign Review. Consideration of request for a waiver of appeal filing fee. b. Appeal by Applicant (Lucky Stores) of a Planning Commission condition of approval in granting Environmental Design Review and inaction on a Variance requesting a reduction in required parking. Vice -Mayor Jensen declared the public hearing opened. Councilman Mulryan moved to waive the appeal filing fee for the Canal Community Council. Seconded by Councilman Miskimen. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Both appellants requested continuance of the public hearing to July 17, 1978. Vice -Mayor Jensen declared the public hearing closed. After discussion, the Council agreed to continue the hearing until July 17, 1978. RE: PERSONS WISHING TO ADDRESS COUNCIL - File 10-5 x 10-6 Mr. Mario Ghilotti requested waiver of his late filing on an appeal of a Planning Commission decision. He stated it was due to a misunderstanding regarding the time for submission of an appeal. The appeal involves a commercial industrial building at 1111 Francisco Boulevard, Fairview Lands, Inc., owners (AP 9-191-12, 14, & 18. He also requested that a public hearing date be set regarding the matter. The Council unanimously granted the waiver of the late filing requirement, and agreed to set the public hearing for their meeting of July 5, 1978. RE: COMMUNICATIONS FROM MRS. LOUISE SOUSA - File 13-1-1 a. Posting of Handicapped Signs on Private Property by City. Chief Benaderet explained to Mrs. Sousa that the Vehicle Code does not apply to private parking, and unless the owner of the property posts a sign the police cannot take action. Public Works Director Caillouette and Traffic Engineer Gerth gave reports regarding steps which have been taken to interest property owners in posting of signs at handicapped parking stalls. However, to date they have had very minor success. The Council requested that the Traffic Engineer continue to pursue the matter in an attempt to get more handicapped parking signs posted on private property. b. Discussion of Drinkinq Fountain at Court Street Mall. In response to iters. Sousa's complaint that wheel -chair users cannot reach the drinking fountain in the Mall, it was agreed by the Council that if the City finds other use for the present drinking fountain, staff will look into replacing it with one which handicapped persons can use. c. Police Response to Private Property This relates to item "a" above. Mrs.Sousa stated that there is a grating in the Mall which has holes which could catch high -heeled shoes. She also complained about the grade of the Mall being too steep for many wheel -chair users, and it was explained to her that the grade was pre-existing and the City had no choice in the degree of slope. Mrs. Sousa was assured by the Council that they will do all they can to correct the items mentioned. RE: LIABILITY INSURANCE DEFENSE COUNSEL - File 9-6-1 After discussion Councilman Mulryan moved and Councilman Miskimen seconded, that the following law firms represent the City of San Rafael in litigation arising from claims over $5,000: Bianchi, Hoskins & Rosenberg Freitas, Allen, McCarthy, Bettini & MacMahon AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini ABSTAINED: COUNCILMEN: Nixon RE: FIRE COMMISSION VACANCY - File 9-2-5 Councilman Miskimen moved and Councilman Nixon seconded, to defer the matter until the meeting of July 5, 1978. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: IMPLEMENTATION OF EMPLOYEE RELATIONS CONTRACTS - File 7-3 City Manager Bielser explained that the resolutions presented are required to implement the employee relations contracts which were negotiated two years ago. Mr. Bielser stated that Councilman Mulryan had a report to make. Councilman Mulryan said he had heard from Sacramento that there is a possibility that the State may make a stipulation that cities who grant cost of living raises may be ineligible for their share of the surplus funds. Attorney Gary Messing, representing Police and Fire personnel stated he felt that there is a contrac- tual agreement which must be acted upon before July 1st. If action is not taken, he felt the City will be in breach of contract. Councilman Mulryan stated that he will personally attempt to find out from Sacramento any developments on the subject. After further discussion Councilman Nixon moved and Councilman Mulryan seconded, that the Council meet in special session on or before June 30th, with the understanding that it will be as soon as possible, to consider the matter of implementation of the employee contracts. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini City Manager Bielser added that as soon as there is an indication as to what action the State is going to take he will notify the Council members and set a date they can all be present, and then contact the employees' associations and notify them as to date and time of the meeting. The Council then considered a request from City Attorney Connick for an increase in his salary to bring it into the same salary range as other department heads. It was agreed that action on this item should be taken at budget hearings. (Councilman Nixon left meeting) RE: ORDINANCE AMENDING UNIFORM FIRE CODE, REQUIRING MAINTENANCE OF RECORDS AND TESTING OF UNDERGROUND FLAMMABLE AND COMBUSTIBLE LIQUID INSTALLATIONS - File 9-3-31 x 13-5 An ordinance of the City of San Rafael Amending Ordinance No. 1268, Codified as Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael, Requiring Maintenance of Records and Testing of Underground Flammable and Combustible Liquid Installations, and numbering Charter Ordinance No. 1300, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, fvlulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: REQUEST FOR FRANCHISE AGREEMENT FOR INDUSTRIAL TELEPHONE SYSTEMS, INC. - File 9-7-5 An Ordinance of the City of San Rafael Granting to Industrial Telephone Systems, its Successors, and Assigns, the Franchise: (1) To Use, for Transmitting and Distributing Facilities for Communication for Use by Consumers, All Poles, Wires, Conduits, and Appurtenances which Are Now or May Hereafter Be Lawfully Placed and Maintained in the Public Streets and Places Within the City of San Rafael under that Certain Franchise of Grantee Acquired Pursuant to Section 8 of Article XII. of the Consti- tution of the State of California, and (2) To Construct, Maintain, and Use in said Public Streets and Places All Poles, Wires, Conduits, and Appurtenances, Including Communication Circuits, Whenever and Wherever said Constitutional Franchise Shall Not be Available Therefor, Necessary to Transmit and Dis- tribute Communications Facilities Suited for, and for Use by Consumers for, Any or All Lawful Purposes, and numbering Charter Ordinance No. 1301, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini 70 RE: REPORT ON SUMMER PROGRAMS a. Recreation Programs - File 9-3-65 Council considered a report from Recreation Director Jauch, regarding their goal toward becoming self-sustaining by raising fees in an attempt to maintain the same level of service if possible. A copy of the proposed Summer Recreation Schedule was presented for review. The following policy changes were also recommended: 1) Elimination of the nonresident fees for programs which should result in increased enrollment; 2) Hiring of best qualified applicants, regardless of place of residence, but if two people are equally qualified the San Rafael resident would be hired; and, 3) Council and Commission to review programming periodically, but meanwhile new classes to be approved by the City Manager, thus enabling classes with long waiiting lists to commence without delay. After discussion Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Summer Program and staff recommendations. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini b. Cultural Affairs Programs - File 9-2-24 Council next considered a report from Community Projects Director Snyder regarding programs at Falkirk in the Summer. His report explained that payment to performers and instructors will be made on a 70%/30% split of gate receipts or program registration fees. City will receive the 30%. It is possible that a subsidy of $181.50 may be required for the films to be offered, and $110.00 for the Seldon Gile art exhibit scheduled for July 24 to September 15th. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Cultural Affairs Summer Program as submitted. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: PROPOSED MEMORANDUM OF UNDERSTANDING WITH HOUSING AUTHORITY OF MARIN RE SENIOR CITIZEN HOUSING PROJECT, FOURTH & UNION STREETS - File 13-16 Council considered the proposed Memorandum of Understanding and the critique prepared by staff, and returned the document to staff for redraft along the guidelines they suggested. RE: PROPOSED CULTURAL AFFAIRS COMMISSION GOALS AND POLICY STATEMENTS - File 9-2-24 Item deferred to the July 5, 1978 meeting. RE: SETTING DATES FOR BUDGET HEARINGS - File 8-5 The Council discussed the fact that, until they have information as to approximately what funds will be forthcoming from the State surplus, they could not make meaningful decisions regarding the budget. City Manager Bielser briefed the Council on his report regarding the impact of Proposition 13, which contained recommendations as to additional revenue and proposed methods of savings. The Council agreed that they would set the budget hearings after the State has developed a formula for funding for cities. Matter will be discussed when the special meeting is called regarding employee contracts. ADD ITEM: RE: RESOLUTION RE SUPPORT FOR CENTRAL MARIN COUNTY WASTEWATER FACILITIES PLAN ALTERNATIVE CM -5 - File 12-7 Councilman Miskimen suggested that the Council adopt a resolution supporting the San Rafael Sanitation District's plan Alternative CM -5, for Central Marin County Wastewater Facilities. RESOLUTION NO. 5498 - RESOLUTION OF THE CITY OF SAN RAFAEL SUPPORTING CENTRAL MARIN COUNTY WASTEWATER FACILITIES PLAN ALTERNATIVE CM -5 - File 12-7 AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini The City Council adjourned to Executive Session as the San Rafael Redevelopment Agency. ANNE M. LEONCINI, C'ty Clerk APPROVED THIS Soh DAY OF , 1919 VICE -MAYOR OF THE CITY OF SAN AFAEL 71 In the Council Chambers of the City of San Rafael, Monday, June 26, 1978, at 8:00 PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Conni ck, City Attorney RE: REPORT ON ACTIONS OF STATE OF CALIFORNIA RE DISTRIBUTION OF STATE SURPLUS - File 8-5 x 7-3 City Manager Bielser referred to SB -154, copies of which had been furnished to the Council, with particular reference to page 12, "State and Local Government Employee Pay Provisions" which stated, in effect, that no funds would be made available to any public agency which provides a cost of living salary increase in the 1978/79 fiscal year for its employees, if such an increase is in excess of the cost of living salary increase provided for State employees. The bill stated that any contract between a local public agency and an employee organization which provides for a cost of living salary increase to employees in excess of such increase to State employees, is null and void under the policy powers of the State, and such contract would be declared to be reoopened and subject to new negotiations. Mr. Bielser informed the Council that an employee group representative has requested permission to speak in relation to the subject. Mr. Gary Messing, representing the Police and Fire associations, stated that in his opinion the provision of SB -154 regarding pay increases is illegal. After further discussion, Mr. Messing said the Police and Fire associations would be willing to wait until the Council meeting of July 17, 1978, for a decision on the cost of living increases. Meanwhile, the item was continued to the Council meeting of July 5, 1978, in the event that any definitive information is received from the State. RE: PROGRESS REPORT ON COUNCIL ASSIGNMENT RE FEES, CHARGES AND OTHER REVENUES - File 9-10-2 After reviewing possibility of various alternative revenue sources, the Council took the following actions: RESOLUTION NO. 5499 - REVISING MASTER FEE RESOLUTION FOR VARIOUS SECTIONS OF THE MASTER FEE SCHEDULE RELATING TO PROPERTY DEVELOPMENT (User fees re Land Development & Current Planning raised by 50% effective January 1, 1979) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5500 - INTENTION TO PASS AN ORDINANCE SETTING NEW BAIL SCHEDULE FOR CERTAIN VEHICLE AND MUNICIPAL CODE ORDINANCE VIOLATIONS AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Resolution to be sent to Municipal Court of the County of Marin for implementation. Council deferred action on a proposed resolution establishing a user service fee for storm and sanitary sewers. RESOLUTION NO. 5501 - REVISING THE MASTER FEE SCHEDULE FOR CERTAIN LIBRARY FEES AYES: COUNCILMEN: Jensen, Miskimen, Wlulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Council requested that Library Board discuss tax increase, to be put on ballot for March 1979 election. CHARTER ORDINANCE NO. 1302 - An Urgency Ordinance of the City of San Rafael, Amending Title 3, Chapter 3.20, Section 3.20.030 of the Municipal Code to Provide for Eight (8) Percent Tax, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: (Transient Occupancy Tax) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5502 - RESOLUTION AMENDING MASTER FEE SCHEDULE (Bedroom Tax, $127.50/Bedroom) AYES: COUNCILMEN: Jensen, Mulryan and Nixon NOES: COUNCILMEN: Miskimen and Mayor Bettini ABSENT: COUNCILMEN:, None Mayor Bettini stated he felt the tax is too high. The Council took no action on a proposed amendment to the fee schedule involving the Development Excise Tax. 72 The Council agreed to reduce Workmen's Compensation premium in line with frozen or vacant positions, thereby creating an annual savings of approximately $20,000. RESOLUTION NO. 5503 - AMENDING THE MASTER FEE SCHEDULE PERTAINING TO BUSINESS LICENSE FEES (By 10%, to be increased effective January 1 of each year based upon changes in the August -to -August Consumer Cost of Living Index) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CHARTER ORDINANCE NO. 1303 - An Urgency Ordinance of the City of San Rafael, Amending Title 3, Chapter 3.22, Section 3.22.020 of the Municipal Code to Increase Property Transfer Tax, (5u¢ per each $500 or fractional part thereof) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION RE SETTING NEW BUDGET HEARINGS - File 8-5 After discussion as to the availability of Council members, it was agreed that the budget hearings will be held on August 1, 2 and 3rd (a Tuesday, Wednesday and Thursday), commencing at 7:30 PM. Councilman Nixon moved and Councilman Mulryan seconded, to extend the current budget until the new budget is adopted, with the restrictions already imposed regarding freezing of hiring and curtail- ment of expenditures. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Manager Bielser asked the Council if they desired to take action on the filling of two vacant positions in the Police Department, one desk clerk and one cadet, at this time. The Council de- clined to do so. RE: DISCUSSION AND ACTION RELATING TO WEST FRANCISCO BOULEVARD EXTENSION - File 4-5-15 x 117 RESOLUTION NO. 5504 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Northwestern Pacific Railroad Company and the San Rafael Redevelopment Agency - Conveyance of Title) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADD ITEM RE: TRANSFER OF TITLE LEGISLATION - File 9-11-2 Councilman Mulryan moved and Councilman Miskimen seconded, that a letter be written to the State Board of Equalization and our representatives in Sacramento, urging them to consider in their deliberations over the meaning of the transfer of title issue as a result of the passage of Proposi- tion 13, the exclusion from re-evaluation of the following: 1) Title transferred from joint ownership to one of the two owners of record as a result of the death of one of the spouses or dissolution of a marriage; 2) Title transferred from a parent to child as a result of death, as long as certain conditions are met. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The council adjourned to their next regular meeting of July 5, 1978. J N M. LEONCINI, City Nerk APPROVED THIS 1 DAY OF 1912 ��� 4,11� MAYOR OF THE CITY OF SAN RAFAEL 73 In the Council Chambers of the City of San Rafael, Wednesday, July 5, 1978, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilamn Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of June 19, 1978 Meeting Claim for Repairs - Lester L. Lahmann File No. 3-1-329 Claim for Damages - Peter Andersen File No. 3-1-335 Claim for Damages - Angelo R. Ligi - The Barrel House - File 3-1-342 Acceptance of Grant Deed for Additional Right -of -Way on Irene Street - File 2-4 Memoranda of Understanding with San Rafael School District: File 4-7-12 a. Use of School District Facilities Recommended Action Approved as submitted. Denied and referred to insurance carrier. Deni ed. Denied. RESOLUTION NO. 5505 - ACCEPTING CON- VEYANCE OF REAL PROPERTY FROM U -HAUL COMPANY FOR AN ADDITIONAL FIVE FEET OF RIGHT-OF-WAY ON IRENE STREET RESOLUTION NO. 5506 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Memo of Understanding W/School District re use of facilities) b. Use of San Rafael High School Swimming RESOLUTION NO. 55U7 - AUTHORIZING Pool & Locker Rooms THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/School District, Memo of Understanding re use of San Rafael High School Swimming Pool & Locker Rooms) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: ABANDONMENT OF PORTION OF LINDEN LANE (FeinQold) - File 2-12 x 10-5 Item deferred until later date. RE: SMITH RANCH ASSESSMENT DISTRICT NO. 1 - File 6-32 RESOLUTION NO. 5508 - APPOINTING COUNTY TREASURER OF THE COUNTY OF MARIN AS PAYING AGENT FOR BONDS TO BE ISSUED IN SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN:. None ABSENT: COUNCILMEN: Mayor Bettini ABSTAINED: COUNCILMEN: Nixon RESOLUTION NO. 5509 - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN CONNECTION WITH SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini ABSTAINED: COUNCILMEN: Nixon 74 RE: TERRA LINDA VALLEY (OAK HILL) OPEN SPACE ASSESSMENT DISTRICT - File 6-26 After discussion, Councilman Miskimen moved and Councilman Mulryan seconded, to continue this item to the meeting of July 17, 1978, and that attorney Robert T. Anderson of the firm of Den-Dulk, Douglass & Anderson, be invited to attend to discuss the reasons for the proposed abandonment of the assessment proceedings. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT TO SIGN ORDINANCE, SEC. 14.12.05D, BY PROVIDING CRITERIA FOR APPROVAL OR DISAPPROVAL OF SIGN APPLICATIONS BY THE PLANNING COMMISSION UPON SUBMISSION OF THE PLANNING DIRECTOR (Z76 -1(b) - File 125 x 9-2-6 Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Miskimen moved and Councilman Nixon seconded, to approve the Negative Declaration as to Environmental Impact. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini An Ordinance of the City of San Rafael Amending Ordinance No. 1287, Codified as Section 14.12.U5D of the San Rafael Municipal Code, by Providing Criteria for Approval or Disapproval of Sign Applications by the Planning Commission upon Submission of the Planning Director, and numbering Charter Ordinance No. 1304, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - PREZONING (PreZ78-12); SUN VALLEY SCHOOL SITE, 75 HAPPY LANE; AP 177-240-12 FROM COUNTY: A -2-B-2 LIMITED AGRICULTURAL/SINGLE FAMILY MINIMUM BUILDING SITE AREA 10,000 Sq. FT. DISTRICT, TO CITY: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT - File 5-2-78 Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to make a determination of Categorical Exemption per State EIR Guidelines as to Environmental Impact. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from A -2:B-2 (Limited Agricultural/Single Family, Minimum Building Site Area 10,000 Square Feet) District to R-1 (Single Family Residential) District, and numbering Charter Ordinance No. 1305, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5510 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ANNEXATION OF TERRITORY PURSUANT TO MUNICIPAL ORGANIZATION ACT - SUN VALLEY SCHOOL SITE, 75 HAPPY LANE AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - ED78-8/UP78-13 - APPEAL OF PLANNING COMMISSION DECISION, COMMERCIAL INDUSTRIAL BUILDING, 1111 FRANCISCO BOULEVARD; FAIRVIEW LANDS, INC., OWNER: RON GLANDER, REP.; PCM DISTRICT, AP 9-191-12, 14 & 28 - File 10-5 x 10-6 Continued to meeting of July 17, 1978, at request of appellant. RE: PERSONS WISHING TO ADDRESS COUNCIL 1. Improvements to Highway 101 North - File 9-3-40 Ray Swanson addressed the Council regarding improvements to Highway 101 North, suggesting that the City write to assemblymen and representatives in Sacramento, urging that the widening and other work be completed without further delay. He also suggested that the matter be covered by the local newspapers. 75 Councilman Miskimen moved and Councilman Nixon seconded, that assemblymen Michael Wornum and Barry Keene be invited to the August 7th Council meeting for discussion of the subject. If they cannot attend that meeting, they are to be asked to attend one at their earliest convenience. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 2. Protest re Increased Fees and Taxes - File 9-10-2 President -designate of the San Rafael Chamber of Commerce, Pat Tyrell -Smith, addressed the Council, objecting to the various fee and tax increases which were passed at the special meeting of the Council on June 26, 1978. He specifically mentioned the fees for overtime parking, expired meters, etc., the transient occupancy tax, property transfer tax and business license tax increases. He asked to meet with a member of the City staff and a member of the Council to discuss the rationale behind the City's action in increasing the fees and taxes. Councilman Nixon and City Manager Bielser will meet with Mr. Tyrell -Smith to discuss the matter. Mr. Tyrell -Smith indicated he may wish to appear before the Council again, for further discussion. RE: FINAL ADOPTION - ORDINANCE NO. 1299 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO PREZONE CERTAIN REAL PROPERTY FROM A -2:B-4 (LIMITED AGRICULTURAL, ONE ACRE PARCEL) DISTRICT TO R -1-B-4 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA ONE ACRE) DISTRICT (3 Red Rock Way, Shaun Wiltshire, owner) File 5-2-77 CHARTER ORDINANCE NO. 1299 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Prezone Certain Real Property from A -2:b-4 (Limited Agricultural, One Acre Parcel) District to R -1-B-4 (Single Family Residential, Minimum Building Site Area One Acre) District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: (3 Red Rock Way) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1300 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1268, CODIFIED AS TITLE 4, CHAPTER 4.08 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL. REQUIRING CHARTER ORDINANCE NO. 1300 - An Ordinance of the City of San Rafael Amending Ordinance No. 1268, Codified as Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael, Requiring Mainte nance of Records and Testing of Underground Flammable and Combustible Liquid Installations, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1301 - AN ORDINANCE OF THE CITY OF SAN RAFAEL GRANTING TO INDUSTRIAL TELEPHONE SYSTEMS, ITS SUCCESSORS, AND ASSIGNS, A FRANCHISE - File 9-7-5 CHARTER ORDINANCE NO. 1301 - An Ordinance of the City of San Rafael Granting to Industrial Telephone Systems, its Successors, and Assigns, the Franchise: (1) To Use, for Transmitting and Distributing Facilities for Communication for Use by Consumers, All Poles, Wires, Conduits, and Appurtenances which Are Now or May Hereafter Be Lawfully Placed and Maintained in the Public Streets and Places Within the City of San Rafael under that Certain Franchise of Grantee Acquired Pursuant to Section 8 of Article XII. of the Constitution of the State of California, and (2) To Construct, Maintain, and Use in said Public Streets and Places All Poles, Wires, Conduits, and Appurtenances, Including Communication Circuits, Whenever and Wherever said Constitutional Franchise Shall Not be Available Therefor, Necessary to Transmit and Distribute Communications Facilities Suited for, and for Use by Consumers for, Any or All Lawful Purposes, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: CONTINUING DISCUSSION ON STATE SURPLUS, AND EMPLOYEE RELATIONS CONTRACTS - File 7-3 City Manager Bielser reported that the issue of State surplus funds distribution has not yet been settled. However, the issue of employees' salaries has reached the state where the budget now before Governor Brown for approval includes a proposed 2 1/2% cost -of -living increase for employees. It is not known whether the Governor will blue -line the increase. The item was continued to the meeting of July 17, 1978. 76 RE: REPORT ON STATUS OF GERSTLE PARK NEIGHBORHOOD PLAN - File 163 Council heard from resident Orlando Conti, urging that the neighborhood plan be dropped and the zoning remain as it is. Hugo Landecker, president of the Gerstle Park Association then spoke, urging that the plan not be dropped and offering to assist the Planning Department by having Association members help in any way possible. City Manager Bielser informed the Council that the Planning Department has several vacancies - two advanced planners, a draftsperson and a secretary, and they are concerned about the fact that if they pursue the plan and hold the necessary public hearing they will be forced to defer a number of other planning matters. Planning Director Hotchner referred to his memorandum in which he detailed the cost and work involved in sending notices to people involved. He stated he has asked the City Attorney to examine State law and determine if a mailed notice is necessary in this case. Assistant City Attorney Bullard informed the Council that mailing of notices is not necessary in this case, but that advertising in the news- paoer will be sufF4-ient. The Council also considered a memo from Planning Commission Chairman Dorothy Breiner, urging that the Coirmission be allowed,to proceed with the Plan. After further discussion Councilman Mulryan moved and Councilman Miskimen seconded, to direct the Planning Commission to hold the public hearing on the Gerstle Park Neighborhood Plan, and to direct staff that notice will be published in 2 newspapers, but no individual mailings will be sent. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Vice -Mayor Jensen ABSENT: COUNCILMEN: Mayor Bettini RE: RESOLUTION OF CITY OF SAN RAFAEL SUPPORTING CENTRAL MARIN COUNTY WASTEWATER FACILITIES PLAN ALTERNATIVE CM -5 - File 12-7 Councilman Mulryan moved and Councilman Miskimen seconded, to revise Resolution No. 5498 which was adopted at the June 19, 1978 meeting, to reflect that the City of San Rafael will not pay for any of the costs of the site acquisition or of construction of the new facilities. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Add: Discussion re Environmental Protection Agency Report Councilman Miskimen notified the Council that EPA is requesting a report from the Planning Direc- tor on mitigation of odors - actions which the City has taken in the past and is presently taking, in connection with odors emanating from sanitation facilities. The matter was referred to the City Attorney's office to determine the necessity for the Planning Director to prepare and submit such a report. RE: MEMORANDUM OF UNDERSTANDING RE HOUSING AUTHORITY - File 13-16 The Memorandum of Understanding was referred to the City Attorney to review. RE: COMMUNICATION FROM CITY OF SAUSALITO RE FEDERAL IMPACT OF PROPOSITION 13 - File 8-5 Councilman Nixon moved and Councilman Mulryan seconded, to send letters, similar to those written by the City of Sausalito, to State and Federal representatives, relative to limits on State and Federal spending, and to also urge the exclusion of capital gains tax on sale of property by resident owners. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: BID OPENING - KERNER/CANAL STORM DRAINAGE STRUCTURE, PROJECT NO. 19-409648 - File 4-1-271 Council reviewed staff recommendation that the contract be awarded to Maggiora & Ghilotti, Inc., in the amount of $31,800, and that an additional $7,000 be authorized, by motion, to the existing bud- geted funds. Councilman Nixon moved and Councilman Miskimen seconded, to adopt the resolution of award of contract to Maggiora & Ghilotti, Inc. in amount specified, and that an additional $7,000 be appropriated as recommended by staff. RESOLUTION NO. 5511 - RESOLUTION OF AWARD OF CONTRACT (To Maggiora & Ghilotti, Inc.) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON ANIMAL CONTROL CORESPONDENCE - File 13-3 x 8-5 Item suspended for three months, due to additional funds being received by Marin County Animal Control, which will sustain the level of service for that period of time, through September 1978. 77 RE: COMMUNICATION FROM MARIN COUNTY VELODROME ASSOCIATION - File 9-3-30 x 9-5 V Council considered a request from the Marin County Velodrome Association for permission to use the Civic Center parking lot and block off a portion of Civic Center Drive on four consecutive Thursday evenings commencing about 6:30 PM for bicycle races. Chris Lang, president of the association, stated he had made arrangements with the Sheriff's office for traffic control and asked for a waiver of any fees. Clifford Lund informed the Council that he is a Captain in the Sheriff's Reserve, and could provide two deputies for traffic control. He stated that he has had experience with this type of race and has never known them to cause any trouble. After discussion with Police Lieutenant Doane as to traffic control and neutralizing the race if any police or fire emergency vehicles had to use the area, Councilman Mulryan moved and Councilman Nixon seconded, to approve the request subject to neutralizing the race at the sound of police or fire sirens, and subject to making provisions with the Sheriff's Reserve or other traffic control measures satisfactory to the Police Department. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Vice -Mayor Jensen ABSENT: COUNCILMEN: Mayor Bettini ADD ITEMS RE: FILLING VACANT POSITION IN PLANNING DEPARTMENT - File 7-4 x 9-3-17 Councilman Miskimen moved and Councilman Mulryan seconded, to approve staff request and authorize hiring to fill the vacant position of secretary in the Planning Department. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: AUTHORITY FOR INCREASE IN TRAFFIC FINES - File 9-10-2 x 11-18 City Manager Bielser informed the Council that the Municipal Court judges considered the City's re- quest for the increase in traffic fines and decided that Judge Baty will appear before the Mayors and Councilmen at their September meeting to discuss County -wide traffic fines. This would delay the en- forcement of the increased fines and cost the City considerable loss of funds. Councilman Mulryan moved and Councilman Nixon seconded, to take a position of protesting the action because of the extreme loss of income, and that when staff writes the letter they also include a re- quest for permission to enforce an interim increase pending the final decision. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini The City Council adjourned to Adjourned Executive Session as the San Rafael Redevelopment Agency. OE M. LEONCI I, City Clerk APPROVED THIS 7'/ DAY OF , 19 %P VIC -M F;THE CITY OF SAN RAFAEL 1 In the Council Chambers of the City of San Rafael, Monday, July 17, 1978, at 7:45 PM. Joint Meeting: Present: C. Paul Bettini, Mayor/Agency Member City Council and Fred E. Jensen, Councilman/Agency Member Redevelopment Agency John A. Miskimen, Councilman/Agency Member Lawrence E. Mulryan, Councilman/Agency Chairman Jack G. Nixon, Councilman/Agency Member Also Present: William J. Bielser, City Manager/Agency Executive Director Jeanne M. Leoncini, City Clerk/Agency Secretary; Harry A. Connick, City Attorney/Agency Attorney The Council/Agency reviewed a memo from Agency Associate Director Ward, which stated that he had dust been notified that the proposed sale of 522 and 532 "B" Street to the City has not received Federal Environmental clearance as yet, and that to proceed with the adoption of the proposed resolutions prior to the Federal clearance would prejudice the funding. For this reason, Mr. Ward recommended that the special joint meeting be deferred to Monday, August 7, 1978. It was also noted that the City Attorney's office advised that it will not be necessary to run legal notices again, if the matter is set over to a definite date and time. The Council/Agency agreed to defer the meeting to August 7, 1978, at 7:45 PM. APPROVED THIS NE M. LEONCINI, City C1 rk/Agency Secretary DAY OF9���-19 7�? 4&&F4 - MAYOR OF THE CITY U SAN R AEL 79 In the Council Chambers of the City of San Rafael, Monday, July 17, 1978, at 8:UO PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Mulryan moved and Councilman Miskiman seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of June 12 and 26, 1978, and July 5, 1978 Claim for Damages - Dan Bell/Sandra Stahr (Estate of Archie Bell) - File 3-1-349 Report on Bid Opening for 1978/79 Street and Park Maintenance Materials - File 4-2-132 State Abandoned Vehicle Abatement Program Contract - File 4-8-16 x 13-9 Grant of Right -of -Way - Jacoby Street - File 2-2 Resolution Ordering Annexation of 3 Red Rock Way - File 5-2-77 Approved as submitted Approved R. L. Kautz Co. recommendation for denial Approved recommendation of staff. (Purchase orders to be issued to Basalt Rock Co., Inc.; Shamrock Materials, Inc.; McPhail's, Inc., respectively) RESOLUTION NO. 5512 - AUTHORIZING THE CITY OF SAN RAFAEL TO ENTER INTO A CONTRACT WITH THE STATE OF CALIF. HIGHWAY PATROL FOR ABANDONED VEHICLE ABATE= MENT PARTICIPATION AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATED REPRESENTATIVE TO SIGN SAID CONTRACT RESOLUTION NO. 5513 - RESOLUTION ACCEPTING CONVEY- ANCE OF STREET RIGHT-OF-WAY - JACOBY STREET, SAN RAFAEL RESOLUTION NO. 5514 - ORDERING AN ANNEXATION OF TERRITORY PURSUANT TO THE MUNICIPAL ORGANIZATION ACT - 3 Red Rock Way (Wiltshire Reorg.) Request for Project Approval and Authorization Approved recommendation. (Call for bids and funding to go to Bid - Kerner -Canal Outfall Line for project, $1UO,000) Repair - File 4-1-272/273 Abandonment of Drainage and Flood Easements - RESOLUTION NO. 5515 - RESOLUTION OF INTENTION TO 175 Riviera Drive - File 2-12 VACATE VARIOUS EASEMENTS (175 Riviera Drive - Lot 25, Peacock Lagoon Unit I) - Set Public Hearing for Meeting of September 5, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS: File 13-14-2 a. DESIGNATION OF PROPERTIES AT 901/903/905/90/9U9 AND 911 IRWIN STREET AS HISTORIC LANDMARKS b. DESIGNATION OF BOUNDARIES FOR AN HISTORIC LANDMARK DISTRICT The Council discussed the recent fire at 901 Irwin Street. City Manager Bielser reported that the house sustained 25% damage, and that the building inspector has not yet had time to make an inspection. Mr. Bielser stated that the Council will have a report prior to the public hearing. Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation and set the public hearing for the meeting of August 7, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ED77-123 ANDERSEN DRIVE & HIGHWAY 17; N AP #18-U51-18, #18-062-15/16 & UP77-95, V77-24, SR78-9 - GEMCO DEPARTMENT STORE: BELLAM BLVD. . BLUMENFELD, OWNER: LUCKY STORES/F. D. HELM, REP.: U DISTRICT: 22 - File 10-3/4/5 BETWEEN Planning Director Hotchner informed the Council of the determination by Assistant City Attorney Bullard, based on California Environmental Quality Act requirements, that an EIR relative to traffic should be performed. He stated that it has become necessary to relate the impact of the East San Rafael EIR in connection with the other items which have now come up in connection with the Gemco development. Mayor Bettini declared the public hearing opened. M. • Brent Weller of the Canal Community Council asked that the Council first consider the issue of the granting of the Use Permit because if the Council overturns the Planning Commission decision regard- ing the Use Permit a discussion of the EIR will not be necessary at all. Assistant City Attorney Bullard stated that unless the Council is clearly opposed to a project, the Council cannot act on its merits until they go through the EIR process. Councilman Miskimen moved and Councilman Jensen seconded, that the Council will take the project under consideration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Mulryan then moved and Councilman Nixon seconded, to go ahead with a Focus EIR on traffic. Under the discussion period, Councilman Nixon asked about the cost of the Focus EIR. City Manager Bielser replied that it would take from three to four months and cost between $8,000 and $12,000. Councilman Nixon then asked who would pay the fee, and Mr. Bielser replied that normally the applicant pays the fee. He explained that the procedure is for the applicant to choose the firm to do the work from a list of approved firms; the applicant pays the funds to the City and the City pays the contractor. Dorothy Breiner, Planning Commission Chairman, requested that the Council consider including air quality standards as part of the Focus EIR on traffic. Mayor Bettini stated that since the traffic and circulation aspects of the EIR for the entire East San Rafael area had been properly researched by City staff, it should be the only item to be acted upon at this time. Councilman Nixon questioned the necessity for an EIR, since it is obvious there will be an impact by allowing a department store in the area with the attendant traffic problems. He felt this should enter into the discussion. Assistant City Attorney Bullard stated that there is one very important thing about having an EIR done: First of all, it will identify all of the mitigation measures, not only the Bellam Boulevard improvements; Secondly, if it does identify traffic impact and the Council finds that irrespective of that impact there are overriding reasons to still approve the project, then you have the right to do so if you make the finding. However, this cannot be done by a Negative Declaration alone. Mr. Bullard felt this was a very important reason for going through an EIR. Councilman Miskimen asked if the Focus EIR on traffic would include a study of on-site and off-site parking. Public Works Director Caillouette stated that staff would ask that all of the impact on traffic conditions be considered in the EIR. This would include parking. Councilman Mulryan asked if it would include air quality which would be affected by traffic. Mr. Caillouette stated it had not been included, but could be if the Council desired. Mr. Weller suggested that perhaps the Council should order a full EIR, to consider all adverse impacts this project may have on the area, and not have a study focused on any one area. Mr. Bullard stated that there had already been an initial study, and obviously the traffic situation is the only relevant item. The Planning staff has certainly referred to the previous check list regarding other impacts. Mr. Hotchner added that in Section 6d, pages 1U and 11 of the Environmental Impact Report they have roadside carbon monoxide levels for a one and an eight hour peak period. To the extent that we are adding more usage in the area, this would be increased. It would be the secondary result from the added traffic. Mr. Weller agreed that if all other bases were covered, a Focus EIR on traffic should be sufficient, and Mayor Bettini stated that is correct. Mr. Gilbert Dean, a resident of the Bahia condominium project, stated he uses Bellam Boulevard several times a day, and urged a full and complete EIR be done on every aspect. Assistant City Attorney Bullard replied that CEQA requirements have now been streamlined and modified, so that now if you identify only certain impacts that is all you have to address. Mr. Dean asked for clarifica- tion - if the Council decided that it wanted to overturn the Planning Commission only insofar as it affects traffic, does that mean that the Council is upholding the Planning Commission's determin- ation that all other impacts are negative. Mr. Bullard explained: The Planning Commission affirmed a Negative Declaration, which meant that there were no significant adverse impacts. Mr. Bullard's recommendation to the Council is that they reverse that decision insofar as they have identifies an adverse impact in the traffic area and, therefore, they should order a Focus EIR which will address traffic impact. Mr. Dean asked, would the Council then have to come to a positive determination that in their view there are no other significant impacts. Mr. Bullard replied that this is implicit in their action; if they are simply ordering an EIR addressing the traffic then implicitly they have said that the other impacts are not significant. Mr. Dean then asked about the air quality study, and Councilman Mulryan replied that this would be included in the Focus EIR, insofar as it was affected by the increase in traffic. Mayor Bettini asked to hear from the Lucky Stores representative, and Mr. Dick Thompson of Lucky Stores, Hayward, addressed the Council stating that as he understands it there was an East San Rafael project and a Gemco project, but nothing combining the two. He feels that when Bellam Boulevard is widened it should take care of the traffic. He also feels that the various alternate routes to East San Rafael, including those planned for West Francisco Boulevard, should be considered. Mayor Bettini asked Mr. Thompson if Lucky Stores are willing to pay the cost of the Focus EIR on traffic, and he stated that they are. He said he realizes that the Gemco project cannot be considered further until the EIR is completed, and that he feels it would be logical for Barnard C. Johnson to complete the EIR since he did the previous one. In addition, he extended an invitation to the Canal group to meet with Lucky Stores after the EIR is completed, to discuss the project. Wells Rasmussen, president of the San Rafael Chamber of Commerce, stated that the Chamber wishes to go on record as supporting the Assistant City Attorney regarding the Focus EIR. There being no further public input, Mayor Bettini declared the public hearing closed. The Council then voted on going ahead with a Focus EIR on traffic. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Johnson was asked how long the Focus EIR on traffic would take and he stated approximately six to eight weeks, due to traffic counts involved which comprise turning, moving and volume. Mr. Hotchner added that after the draft Focus EIR has been received there is a 45 -day period for review, which time will be added to the six to eight weeks of preparation. Public Works Director Caillouette was asked for his recommendation on the consultant for the Focus EIR on traffic, and he recommnded Barnard C. Johnson, since he has always worked within the scope given him by the City and has done a competent job. Councilman Jensen moved and Councilman Miskimen seconded, to hire Barnard C. Johnson for the Focus EIR on traffic. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - Z75 -10(b) - DETAILED DEVELOPMENT PLAN FOR MARIN YACHT CLUB RESIDENTIAL COMPLEX; PT. SAN PEDRO ROAD NEAR SUMMIT; MARIN YACHT CLUB, OWNER; BRENT DICKENS & RICHARD TARRANT, REPS.; FROM 'U TO PUD -R-3 DIST.; PTN OF A.P. #09-031-06 - File 10-5 x 2-8-6 Planning Director Hotchner informed the Council that the Planning Commission at their meeting of May 23, 1978 had denied without prejudice the appellant's request for eight units to be built on Marin Yacht Club property due to the visual impact and density proposed. Mayor Bettini declared the public hearing opened. Richard Tarrant, attorney for the Marin Yacht Club, stated that the design issue was never fully addressed to the Planning Commission, that density - one or two story units - had never been speci- fied. Mayor Bettini asked how long this project had been in the planning process, and Mr. Tarrant replied it had been for almost three years. He stated that a three to four unit subdivision is not economically feasible for the Yacht Club. Bud Weisenburg, representative of the Canal Community Council, stated that they are unanimously opposed to this development. He stated he is also on the Board of Managers of the Porto Bello Association, and they are not in favor of it. Al Boro of the Planning Commission informed the Council that the question raised before the Planning Commission by the applicant was, eight units or none. The applicant did not want to discuss any densities in between. Stan de Greeve of 2 Montecito Road, across the street from the Yacht Club property, gave the Council a brief history of the proposed development, and cited the Council meeting of December 2U, 197b wherein the Planning Commission had indicated to the Council that this property should be reviewed for possible acquisition as open space. Mr. Tarrant informed the Council that on the issue of density, a number of the Commissioners indi- cated that three or four units would be acceptable, but that was not acceptable to the Yacht Club. He stated this would be a 29.7 acre parcel with only eight condominium units. There being no further input, the public hearing was declared closed. Councilman Nixon stated that the City had found it too costly to buy the land in question and that the adjacent homeowners' groups had not formed an assessment district for that purpose. He stated that he feels something should be done, perhaps two-story units would result in less density so that it would be possible to look through them to the Bay. He stated he would support six or eight units and sending the project back to the Planning Commission with that recommendation, and suggest consideration of two-story units. Councilman Mulryan stated he agreed with Councilman Nixon. He moved to deny the appeal and send it back to the Planning Commission, with a recommendation for four units. The motion failed for lack of a second. Mayor Bettini stated he would like to see a combination of units together, some one story and some two story, some single and some clustered, for a total of six. Councilman Nixon moved and Councilman Miskimen seconded, to approve six units, in any combination of townhouses, with open areas for view. Appeal denied, and matter referred back to Planning Commission to work out a plan with appellant. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ED78-8/UP78-13 - APPEAL OF PLANNING COMMISSION DECISION, COMMERCIAL INDUSTRIAL BUILDING, 1111 FRANCISCO BOULEVARD; FAIRVIEW LANDS, INC., OWNER; RON GLANDER, REP.; PCM DISTRICT, AP #9-191-12, 14 & 18 - File 10-5 x 1U-6 Mayor Bettini and Councilman Nixon left the meeting, due to conflict of interest. Vice -Mayor Jensen declared the public hearing opened. Planning Director Hotchner briefed the Council on the matter, stating that in the proposed plan no provision is made for truck loading or turning. Also, the proposed landscaping is not to City standards in variety or quantity, and should be redone and submitted to the Planning Commission. Staff recommends that the Commission provide further direction to the architect on the items mentioned. Mario Ghilotti, Secretary/Treasurer for Fairview Lands, Inc., requested that the Council delete from the conditions imposed by the Planning Commission the necessity for the landscaping as they outlined it. Anne Park, Senior Planner, stated that the conditions of approval came from the Agency Design Review Board; there is a long, unbroken wall toward the adjacent property and the condition for the additional two feet of landscaping is hard and fast. Councilman Miskimen asked, with respect to the truck turnaround, why it would not be feasible to take out the landscaping and let the vehicles go out through the adjacent property. He felt space was being wasted by not using the adjacent driveways. Herman Deitch, realtor, addressed the Council, stating that because of all of the motorcycles in the area it would be hazardous to use the adjacent driveways. Mr. Deitch stated that the elimination of the requirement for landscaping would add one foot to the building width on the south side. There being no further public input, Vice -Mayor Jensen declared the public hearing closed. Councilman Mulryan moved and Councilman Miskimen seconded, to sustain the appeal with respect to landscaping and to uphold the Planning Commission with respect to the truck turnaround. Building to be widened by one foot. AYES: COUNCILMEN: Miskimen, lAulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini (Mayor Bettioni returned to meeting) RE: PUBLIC HEARING - Ts77-4 - RECONSIDERATION OF ENVIRONMENTAL ASSESSMENT - 34 LOT SUBDIVISION BAY PARK); 1615 FRANCISCO BOULEVARD; CAL-PDX, INC. BRUCE BERNHARD ; U DISTRICT; AP #9-01U-26 & 27 - File 5-1-241 x 10-8 Mayor Bettini declared the public hearing opened. Planning Director Hotchner reported that staff took the position that if something were included within the East San Rafael EIR, additional impact studies need not be performed. The Planning Commis- sion, by a vote of 3-2, felt that additional study should be done and requested that a Focus EIR relevant to the traffic impact and the effect on wildlife by development on this site be prepared. Mr. Hotchner explained that this site (as shown on map on display) was lumped into the East San Rafael EIR in the sense that it was among the 150 acres which were constituted for commercial or industrial development for which the impacts were applied in blanket. It was lumped into the environmental aspects relative to the effect on wildlife in that the entire EIR approved certain areas to be retained as they were and other areas to be developed. The Commission's point of view was that there should be some specific studies, by a vote of 3-2, and the applicant has appealed that decision to the Council. Bruce Bernhard, appellant, informed the Council that he is appealing for reconsideration of the Planning Commission's decision, in that the property has been included in all of the East San Rafael studies. He stated he has waited for years to submit a subdivision map, until all of the EIR's and studies have been completed. He takes the same position as staff, that all of the conditions have been met. There being no further public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, that the appeal be sustained. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Mayor Bettini then stated that he felt the Planning Commission should be reminded that this is the purpose of having an EIR, and he hopes that when other projects come before the Commission they do not put the Council in the position of having an additional hearing. He stated he thought it was very clear, on behalf of the Council, that when we had the initial East San Rafael EIR that those projects were basically approved, although the Council wants to review them on an individual basis if there are some major changes. But, those that have not had any changes, the Commission should approve without passing them back to the City Council, and this type of hearing is unnecessary. The Council agreed with the Mayor's statement. (Councilman Mulryan left meeting) RE: PUBLIC HEARING - VACATION OF SURPLUS PORTION OF NORTH SAN PEDRO ROAD AT MERRYDALE ROAD - Fi1a-�-95 RESOLUTION NO. 5516 - RESOLUTION ORDERING VACATION OF PART OF PUBLIC STREET (Surplus Portion of North San Pedro Road at Merrydale Road) AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan and Nixon RE: PERSONS WISHING TO ADDRESS COUNCIL (Councilmen Mulryan and Nixon returned) (Councilman Jensen left during discussion) Wells Rasmussen, president of the San Rafael Chamber of Commerce, asked for consideration of rescind- ing the increase in business license fees, and reviewing the other fee and tax increases passed at the special Council meeting of June 26, 1978, when the Council meets to discuss the budget. He requested that the Council review the matter to see if the increases are absolutely necessary. The Council agreed to do so. File 9-10-2 x 11-18. RESOLUTION NO. 5517 - RESOLUTION SETTING NEW BAIL SCHEDULE FOR CERTAIN VEHICLE AND MUNICIPAL CODE ORDINANCE VIOLATIONS AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: FINAL ADOPTION - ORDINANCE NO. 1304 - AMENDING ORDINANCE NO. 1287, CODIFIED AS SECTION 14.12.U5D OF THE SAN RAFAEL MUNICIPAL CODE, BY PROVIDING CRITERIA FOR APPROVAL OR DISAPPROVAL OF SIGN APPLICA- TIONS BY THE PLANNING COMMISSION UPON SUBMISSION OF THE PLANNING DIRECTOR - File 125 x 9-2-6 CHARTER ORDINANCE NO. 13U4 - An Ordinance of the City of San Rafael Amending Ordinance No. 1287, Codified as Section 14.12.05D of the San Rafael Municipal Code, by Providing Criteria for Approval or Disapproval of Sign Applications by the Planning Commission upon Submission of the Planning Director, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: FINAL ADOPTION - ORDINANCE NO. 1305 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.02U OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM A -2:B-2 LIMITED AGRICULTURAL/SINGLE FAMILY, MINIMUM BUILDING SITE AREA 10,000 SQUARE FEET) DISTRICT TO R-1 (SINGLE FAMILY RESIDENTIAL) DISTRICT - File 5-2-78 Sun Valley School Site, 75 Happy Lane CHARTER ORDINANCE NO. 1305 - An Ordinance of the City of San Rafael Amending the Zoning flap of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from A -2:B-2 (Limited Agricultural/Single Family, Minimum Building Site Area 10,000 Square Feet) District to R-1 (Single Family Residential) District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: CONTINUING DISCUSSION ON STATE SURPLUS, AND EMPLOYEE RELATIONS CONTRACTS - File 7-3 x 6-5 Councilman Jensen returned during discussion) City Manager Bielser reported that SB 2212 which followed SB 154 states that cities may grant fringe benefits to employees without jeopardizing cities' receipt of their share of the surplus funds. At the present time it appears that the City will receive approximately $600,000 as their share of the surplus. Mr. Bielser further informed the Council that the City has a lawsuit pending on adjudication of whether the City should be abiding by the law which states that the contracts which the City has with the Police, Fire and Miscellaneous employee groups were voided by SB 154 and that raises cannot be granted, or whether the City should abide by the contracts in effect. He also stated that the employees may be filing suit. With regard to the contract with the Miscellaneous employees, there was a $1U increase in health benefits to be effective July 1st but that has been held up pending a determination of the whole issue. Now, apparently this fringe benefit may be granted. Mayor Bettini asked if any members of the public wished to give input, and Beth Beerbohm introduced herself as the Marin Association of Public Employees field representative, representing the Miscel- laneous employees. She informed the Council that MAPE's attorney is in the process of filing a suit in the State Supreme Court regarding the impairment of the Miscellaneous employees' contract with the City of San Rafael. This is one more suit which may expedite the legal process. The attorney for MAPE is Peter Renkow. Ms. Beerbohm asked about the status of the $1U increase in health benefits for Miscellaneous employees, which was just discussed and which she feels should be granted at this time, as a fringe benefit. Mr. Bielser reported that funds are reserved for the $10 increase. M RESOLUTION NO. 5519 - RESOLUTION AUTHORIZING THE IMPLEMENTATION OF CERTAIN SERVICES OF THE MEMORANDUM OF UNDERSTANDING WITH THE MARIN ASSOCIATION OF PUBLIC Ely'1- PLOYEES ($1U per employee for coverage of health, life and disability insurance to non -safety employees.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Bielser pointed out to the Council that the funds for the entire salary increase package for all the employee groups are on deposit with the Court as part of the lawsuit, so the funds are there. Assistant City Attorney Bullard added that the City is going to court to have that money put into an interest-bearing account. The Council concurred in this action. The Council then reviewed a memo from Fire Chief Marcucci stating he now has nine vacancies in the Fire Department and his operation is severely affected by the hiring freeze. City Manager uielser recommended that the Council approve filling three of the nine vacancies in the Fire Department so that the snorkel will not be put out of operation. Councilman Nixon moved and CouncilmanvMiskimen seconded, to approve hiring of three firemen in accordance with staff recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXCHANGE OF CITY LAND FOR NORTHWESTERN PACIFIC RAILROAD LANDS - File 117 x 4-5-15 Redev. File R-89 RESOLUTION NO. 5518 - APPROVING NEGATIVE DECLARATION OF EXCHANGE OF CITY LANDS FOR RIGHTS IN LAND HELD BY NORTHWESTERN PACIFIC RAILROAD 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 the Exchange (Sale) of Public Real Property for (Purchase) of Lands or Rights Thereto Held by Northwestern Pacific Railroad, and numbering Charter Ordinance No. 1306, 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: APPEAL ON REQUIREMENT FOR BUSINESS LICENSE - BOWMAN DISTRIBUTORS, EMMET V. CORRIDAN, REPRESENTATIVE - File 9-10-2 Councilman Mulryan moved and Councilman Nixon seconded, to deny Mr. Corridan's request for waiver of requirement for a business license. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF MAINTENANCE RESPONSIBILITY - SHORELINE PARK, SAN RAFAEL - File 12-5 Council considered a letter from Robert H. Greene, regarding maintenance of the Shoreline Park, part of which runs adjacent to his proposed development. He suggested that perhaps a privately funded maintenance district should be formed for Shoreline Park, subject to participation in the district by adjoining property owners. City Manager Bielser suggested that the maintenance district would be a good possibility, with the City continuing to maintain the levee. He also questioned who will construct the improvements, landscaping, etc., which would be included in the shoreline park. Councilman Mulryan moved and Councilman Nixon seconded, to approve the maintenance district in concept, with staff to report back when cost figures are known. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION RE MARIN MUNICIPAL WATER DISTRICT'S SAFE WATER SUPPLY PROGRAM - File 151 Council reviewed a Safe Water Supply Program, forwarded from San Anselmo, after which Councilman Jensen moved and Councilman Nixon seconded, that a letter be addressed to the Marin Municipal Water District informing them that the planning process should be the prerogative of the individual communities and should not be taken over by the M1v1WD. AYES: COUNCILMEN: Jensen, Miskimen, Plulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADD ITEM: RE: REQUEST FROM MARIN MUNICIPAL WATER DISTRICT FOR WAIVER OF FEE - File 151 x 9-10-2 Council considered a request from MNIWD for waiver of their annual rubbish dump fee. Staff recom- mended that the fee not be waived. Councilman Jensen moved and Councilman Miskimen seconded, to deny the request of the NIMWD for waiver of the annual rubbish dump fee. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The City Council adjourned to their next regular meeting on August 7, 1978. APPROVED THIS A4 ` M -ANNE M. LEONCINI, Cit Clerk % X_-4 DAY OF 19 7 ell-0�uew fhAYOR OF THE CITY OF SAN RAFAEL