HomeMy WebLinkAboutMinutes 1977-1981 pt. 7420
In the Council Chambers of the City of San Rafael, Monday, March 9, 1981, at 8:00 PM.
Adjourned Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended action
on the following consent calendar items:
I tem
1. Approval of Minutes of Regular
Meeting of February 17, 1981 (CC)
2. Claim for Damages - Norma Hadnutt -
(PW) - File 3-1-550
3. Authorization to Engage "Architectural
Resources Group" to Provide Architectural
Services for Handicapped Access at the
Falkirk Community Cultural Center
(PW) - File 4-3-81
4. Request by Rev. R. Sequeira of Trinity
Community Church for Use of San Rafael
Hill for Easter Sunrise Services on
April 19, 1981 (CM) - File 4-10-152
5. Bid Opening - Fairhills Drive Storm
Drainage Improvements (PW) -
File 4-1-302
6. Resolution Authorizing Signing Cost
Service Contract Agreement for Coop-
erative Personnel Services (Pers) -
File 4-10-56
7. Appeal of Planning Commission Denial -
s80-6/ED80-8; Two -Lot Subdivision; Two
Professional Office Buildings; 1401 &
1455 Los Gamos Road; First California
Mortgage Co., Owner; Andrew James Ring
& Albert Bianchi, Reps. (AP 165-010-29)
(P1) - File 10-8 x 10-7
8. Set Date for Public Hearing re Specific
Area Plan for West Francisco Boulevard
Area (CD) - File 175 (SRRA R-130)
9. Expiration of Terms of Two Fire Com-
missioners (CC) - File 9-2-5
10. Report on Traffic Safety Improvements -
Las Gallinas Avenue (PW) - File 9-2-8
12. Resolution Amending Resolution
No. 5651 Establishing Administrative
Guidelines for Police Rotation Towing
(CA) - File 9-3-30 x 9-10-2
(See further on Item 12, below)
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial of claim.
RESOLUTION NO. 6064 - AUTHORIZING THE
SIGNING OF AN AGREEMENT WITH ARCHITECTURAL
RESOURCES GROUP FOR ARCHITECTURAL SERVICES
FOR HANDICAPPED ACCESS AT THE FALKIRK
COMMUNITY CULTURAL CENTER (Bruce D. Judd/
Stephen J. Farneth, fee of $3,200)
RESOLUTION NO. 6065 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Rev. Reuben J. Sequeira, Pastor of the
Trinity Communtiy Church re Use of San
Rafael Hill for Easter Sunrise Services
on April 19, 1981)
RESOLUTION NO. 6066 - RESOLUTION OF AWARD
OF CONTRACT (To W. R. Forde Construction,
low bidder, bid amount $8,890.00)
RESOLUTION NO. 6067 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Cooperative Personnel Services, State of
Calif., for Services Commencing March 20,
1981 and terminating March 19, 1984)
Set public hearing for Monday, March 23,
1981.
Set public hearing for Monday, April 6,
1981.
Commissioners Kean & Elbing to be inter-
viewed at 7:15 PM on Monday, March 23, 1981,
both of whom have expressed desire to
remain on Fire Commission.
Approved staff recommendation that existing
striping remain as completed on May 20,
1980, until such time that future traffic
demands necessitate restriping back to two
southbound lanes.
Resolution to be adopted, amending Res. 5651,
re Administrative Guidelines for Police
Rotation Towing.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Jensen & Nixon (Only with regard to approval of minutes of
February 17, 1981 meeting.)
421
11. APPROVAL TO CLOSE "F" STREET FOR KTIM PARADE (CM) - File 11-22
Mayor Mulryan expressed concern regarding possible noise problems, and annoyance to residents
of the neighborhood as mentioned in several letters, in connection with the parade and dance on
April 18th or 25th.
Mr. Rand Schulman of Ad Systems International, coordinators of the event for KTIM, stated that
they are very flexible in their plans and intend to call on residents of the neighborhood to
reassure them regarding noise and security, and any other concerns they may have. Hopefully
the event will be held on April 18th but, in event of rain, the alternate date of April 25th is
reserved.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the
closure of "F" Street for the KTIM event, with the understanding that staff will work out the
residents' concerns with KTIM regarding hours of dancing, noise factor, crowd control, etc.
Staff is also to look into the use of the City Hall parking lot as an assembly area for the
parade, rather than closing "B" Street. Assistant to the City Manager Barbier will be the
City's liaison with KTIM.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. (See Consent Calendar)
Mr. Doug Shaffer of Marin Towing approached the Council, stating that he had not realized they
had voted to adopt a Resolution regarding the amendment to the Administrative Guidelines for
Police Rotation Towing. He asked that the matter be put over to the next meeting to allow more
time to study the amendments.
Staff pointed out that the amendments to the Guidelines had been delivered to the four towing
companies involved on the previous Friday.
Councilmember Breiner moved and Councilmember Miskimen seconded, to reverse their motion
regarding adoption of a Resolution amending the Guidelines, and defer the matter to the March
23rd meeting to allow time for the towing companies to study the matter and discuss it with
staff. Also, staff was asked to provide Council with a copy of the original Guidelines, with
changes highlighted for their convenience in comparing the two.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF UP80-84 - BY CALIFORNIA GRADUATE SCHOOL
OF MARITAL AND FAMILY THERAP TRELLIS DRIVE; DIXIE SCHOOL DISTRICT, OWNER; STANLEY A. FEIN -
GOLD, REPRESENTATIVE FOR APPELLANT AP 175-060-01) P1 - File 0-5
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the hearing had been continued to allow staff
time to monitor the mitigation measures by the appellant and to obtain Dixie School District's
views of the situation. The letter from Dixie School District regarding suggested compromises
on the parking situation, and notifying the City that the Graduate School is looking for other
premises and will vacate Don Timoteo School as of June 30, 1981, was just received. It now
appears to staff that a compromise is possible.
Attorney Stanley Feingold, representing the appellant, stated that the program is educational
and not a commercial venture as claimed in the petition which was circulated throughout the
neighborhood. He also stated that there had been many nighttime uses in the past, such as PTA
meetings, school board meetings and administrative uses. Also, Dr. Thomason has submitted an
application for Buck Grant funds for over a million dollars for a new educational facility.
Mr. Feingold asked that the Council allow Dr. Thomason to finish this school year. He further
stated that students have been requested to carpool where possible, and the parking will be
carefully monitored, including the use of the basketball court for parking for the remainder of
the term. Mr. Feingold stated that, after the school term is over, the administrative staff of
the Graduate School would like to remain until the first of September. There would be no more
than seven people on the administrative staff.
Ms. Marion Dansie, Business Manager of Dixie School District, stated that this was the first
she had heard of occupancy of the school by the administrative staff, after the end of the term
in June.
Dr. Thomason replied that they would like to stay until September 1st, but will move before if
they have to.
Ms. Barbara Den -Otter, a resident of the neighborhood, expressed concern about safety if
the basketball court is used for parking, because of lack of adequate lighting and the
fact that the children are in the habit of running back and forth through that area. She
was assured by the appellant that there will be adequate lighting, and traffic monitors
if necessary.
422
Mr. Wm. Maley, who lives next door to the school building, urged the Council to let the
Graduate School finish the school term. He also asked that the Planning Commission and
City Council be very careful of the uses allowed in neighborhood areas, since that is
where most of the schools are located, and Dixie School District administrators are not
realtors.
There being no further input, the public hearing was closed.
After discussion Councilmember Nixon moved and Councilmember Jensen seconded, to grant
the appeal, and allow the Graduate School usage of the Don Timoteo School premises until
June 15, 1981, and administrative use of the office until September 1, 1981. Appellant
shall provide parking in accordance with a plan as approved by the Planning Department,
and any other conditions imposed by the Planning Director.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - REQUEST FOR RATE INCREASE - VIACOM CABLEVISION (CM/Fin) File 9-7-4
Mayor Mulryan declared the public hearing opened. He stated that the matter had been
continued from the meeting of February 17th, so that Viacom could produce an analysis and
figures to justify the rate increase, but as of this date the figures had not been
received.
The staff report from City Manager Beyer contained the recommendation that the rate
increase request not be approved until a financial analysis, paid for by Viacom, has been
completed to justify the amount of the rate increase. It was further recommended that if
Viacom opts to increase the rates under AB 699 that the Council not approve deregulation
but, also, not consider any further action from Viacom concerning the rate increase.
Mr. Thomas O'Toole informed the Council that Viacom is charging a neighbor $1,150 to
bring cable to his home in the Villa Real area, where half of the area has cable and half
does not.
Mr. Kent Rasmussen, Vice President and General Manager of Viacom, discussed their rate of
return with Councilmember Miskimen, who stated the opinion that the rate is very high.
He remarked that some cities are seriously considering taking over the franchises them-
selves.
Ms. Helen Weiss of Marin Community Video informed the Council that there is interest in
more use of community channels in Marin, and that there are twenty-eight public service
channels being offered to Mountain View. She stated she would like to hear some of the
points contained in the letter which Mr. Rasmussen has brought for the Council.
Mr. Rasmussen then briefed the five points in his letter, regarding the criteria for
electing to opt under Assembly Bill No. 699. These included:
1) Providing 20 or more channels to the cable television subscriber. Mr. Rasmussen
stated that Viacom will provide at least twenty-two channels to subscribers in the
proposed areas.
2) Receiving or has contracted to receive television signals by satellite earth receiving
station.
Viacom is presently constructing two earth stations for its own use.
3) Having a subscriber penetration ratio of less than 70% certified by the cable televi-
sion system, subject to review by franchisor or licensor.
Viacom retains records which substantiate its penetration at 69°x.
4) Is located in a country or portion of a county which has available three significantly
viewed television stations as defined by FCC, or two significantly viewed television
stations and an educational television station.
Viacom will be carrying sixteen significantly viewed stations.
5) Is providing or has agreed promptly to provide a community services channel program.
A totally dedicated channel for community services is included in the Viacom expan-
sion program.
Council then heard from a number of citizens, asking that the rate increase not be
approved, requesting a greater discount for senior citizens, and objecting to an
additional charge of $2.00 per month if remote control devices are used, when the boxes
are installed.
There being no further public input, the public hearing was closed.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to deny
the rate increase.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - PREZONING (PreZ80-12), BALBOA AVENUE & PT. SAN PEDRO ROAD (AP 16-131-07
& 16-162-02) EXCLUDING RIGHT-OF-WAY, FROM: R-1: B-4 SINGLE FAMILY RESIDENTIAL MINIMUM
BUILDING SITE ONE ACRE DISTRICT, TO: R- SINGLE FAMILY RESIDENTIAL DISTRICT P1 -
i e -2-83 x 5-2-75
423
Mayor Mulryan declared the public hearing opened. There being no public input, the
public hearing was closed.
Councilmember Jensen moved and Councilmember Miskimen seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Prezoning Certain Real Property from County
R -1:B-4 (Single Family Residential Minimum Lot Size One Acre) District, to R-1 (Single
Family Residential) District, and numbering Charter Ordinance No. 1388, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. IMPLEMENTATION ACTIONS FOR PEACOCK GAP NEIGHBORHOOD PLAN (P1) - File 166
(Councilmember Miskimen left meeting, due to
conflict of interest)
a. Annexation of San Marino Court Properties
Mr. Frank Pulice of Murphy, Pulice & Associates, asked that the Council not
proceed with the annexation but, as outlined in the Council's letter from
attorney Dennis McQuaid, simply forward a request to the County of Marin that
it take up for its consideration the recently passed Peacock Gap Neighborhood
Plan.
Planning Director Moore informed the Council that it was because of the
Peacock Gap Plan that the San Marino Court neighbors became interested in
annexation.
b. Correspondence to Board of Supervisors re County Implementation of the Neigh-
borhood P an
Staff recommended that the Council authorize official transmittal of the
adopted Peacock Gap Neighborhood Plan to the Board of Supervisors with the
request that the County implement all of the measures contained in Sections F2
and E of the Implementation Section of the adopted Plan.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to
approve the two recommendations by staff: 1) Instruct staff to prepare all necessary
documentation to submit a resolution to the Local Agency Formation Commission concerning
change of organization pursuant to the Municipal Organization Act regarding the existing
lots on San Marino Court and the property known as Parcel 5 in the Peacock Gap Neighbor-
hood Plan. 2) To authorize official transmittal of the adopted Peacock Gap Neighbor-
hood Plan to the Board of Supervisors, requesting that the County implement all of the
measures contained in Sections F2 and E of the Implementation Section of the adopted
Plan.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
17. REPORT ON FIFTEEN -MINUTE PARKING METERS AT FOURTH & "A" STREETS AND FOURTH & "B" STREETS
PW - File 1- f8 ---x 11-1 x 9-3-40
Councilmember Breiner stated that she understood there were fifteen -minute meters at
the two locations at one time, and she wondered about having them reinstated. Council -
member Jensen replied that fifteen minutes did not allow shoppers enough time and this
was the reason they were changed.
Acting Public Works Director Bernardi informed the Council that consideration has been
given to one and two-hour meters, because the shorter time does not allow for browsing.
Mrs. Kay Crawford, Manager of the San Rafael Chamber of Commerce, informed the Council
that they are doing a survey and intend to include press coverage, on how the public
feels about half-hour and two-hour meters downtown, and they will be glad to include
fifteen -minute meters in their survey.
18. FINAL ADOPTION - ORDINANCE NO. 1387 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R- TRANS EN
RESIDENTIAL DISTRICT TO C-1 RESTRICTED COMMERCIAL DISTRICT 1116 Lincoln Avenue)
P1 - File 0-3
424
CHARTER ORDINANCE NO. 1387 - Amending the Zoning Map of the City of San Rafael, Cali-
fornia, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from R-4 (Transient Residential)
District to C-1 (Restricted Commercial) District (1116 Lincoln Avenue), was adopted as
an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned. Councilmember
Jensen left meeting.)
19. ADDITIONAL COST OF LIVING INCREASE FOR RETIRED EMPLOYEES (Fin/CM) - File 7-9
Council agreed to defer discussion on this matter until the budget hearings.
(Councilmember Jensen returned)
20. CONSIDERATION OF COMPOSITION OF OFFICE OF THE CITY ATTORNEY; ASSISTANT CITY ATTORNEY
POSITION AND STAFF CA CM - File 9-3-16 x -
Council considered a staff study prepared by Assistant City Attorney Bullard, outlining
a proposal whereby he would represent the City under contract.
City Attorney Duggan requested that the item be deferred to the next meeting, on March
23rd, since he did not have the opportunity of providing input.
Attorney Fred Peterson informed the Council that there might be a problem with the
labor laws in the matter of a contract with Mr. Bullard, and suggested that the Marin
County Bar Association might be called upon for advice on the matter.
Council agreed that City Attorney Duggan and City Manager Beyer should meet the follow-
ing day and discuss the matter, and that staff should refer the matter of Mr. Bullard's
contract to an outside attorney who is familiar with labor laws. The matter will be
agendized for the March 23rd meeting.
21. RECOMMENDATIONS FROM CITIZENS' ADVISORY COMMITTEE ON ENERGY (PW) - File 9-2-34
Council reviewed a staff report outlining recommendations from the CAC on Energy,
including implementation of their goals.
One recommendation was for a scholarship to be awarded to that San Rafael high school
senior or student organization which proposes an innovative energy related program
and/or device intended to reduce the consumption of nonrenewable resources.
Another goal which the Committee recommends implementing is to make the City of San
Rafael an example of energy conservation in the community, and issue a challenge to
the other jurisdictions in the County for an energy conservation contest. Guidelines
were provided.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to
approve the recommendations of the CAC on Energy and establish a $250.00 scholarship
program as outlined in the staff report and that the Council issue an "Energy Conserva-
tion Challenge" to the other cities within Marin County subject to the guidelines
specified in the report.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. REPORT ON 532 "B" STREET (Rec/RA) - File 2-8-20
Council considered a staff report from Recreation Director Jauch and Assistant Executive
Director for Redevelopment Ward, regarding the deteriorating condition of the building
at 532 "B" Street, presently leased to William Ferrua and Jack Sumski at $1,300 per
month. The lease provides that on or after May 15, 1981, either party (Lessee or
Lessor) may cancel by giving 90 days' notice to the other. The roof is badly in need
of repair, with widespread leaks. Staff has attemped to get bids on roof repair, but
possibly because of the liability involved if the repairs were made on the roof and it
subsequently leaked, no roofer is willing to quote on repairs only. The Redevelopment
Agency received two bids to waterproof the entire roof.
Staff offered four recommendations:
1) All bids for roof repair be rejected, and interim repairs only be made.
2) Notice be given Lessee on May 15, 1981 that City is terminating the lease in 90 days, or
that lease be terminated sooner by mutual consent.
3) Proceed with demolition of building.
4) Budget the relocation of basketball courts, landscaping and expansion of parking lot in the
1981/82 budget using Revenue Sharing Funds.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve
staff recommendations as stated.
4"�
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
23. URGENCY ORDINANCE AMENDING CHAPTER 12.38 OF THE MUNICIPAL CODE, "UNIFORM SOLAR ENERGY CODE" (PW)
- File 1-6-8
The purpose of the proposed Ordinance is to revise the previously adopted Uniform Solar Energy
Code and bring the code into conformance with other adopted City uniform construction codes
relative to right of entry, fees and penalties.
CHARTER ORDINANCE NO. 1389 - An Urgency Ordinance of the City of San Rafael Amending Chapter
12.38 "Uniform Solar Energy Code". of the Municipal Code of the City of San Rafael, was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
24. 1980 FIRE DEPARTMENT STATISTICS (FD) - File 9-3-31
Council discussed and accepted a report from Fire Chief Marcucci concerning 1980 Fire Department
statistics indicating an increase in emergency incidents of 9.6% over 1980, and a 30% increase
in medical emergencies over the previous year. Mayor Mulryan commended Chief Marcucci.
(Councilmember Jensen returned)
The City Council adjourned to Closed Session to discuss pending litigation.
JAN INE FML E 0 NCity Clerk
APPROVED THIS DAY OF A, 1981
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, March 23, 1981, at 8:00 PM.
Adjourned Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action
on the following consent calendar items:
Item
1. Approval of Minutes of Adjourned
Regular Meeting of March 9, 1981 (CC)
2. Extension of Repayment Contract for
Demonstration Project - San Rafael
Community Center (PW) - File 4-16-6
(SRRA R-156)
3. Extension of Time - Piombo Industrial
Subdivision (PW) - File 5-1-255
Recommended Action
Approved as submitted.
RESOLUTION NO. 6068 - EXTENDING REPAYMENT
CONTRACT WITH THE SAN RAFAEL REDEVELOPMENT
AGENCY FOR THE SAN RAFAEL COMMUNITY CENTER
DEMONSTRATION PROJECT (Extended to June 30,
1982)
RESOLUTION NO. 6069 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENT WORK IN PIOMBO
INDUSTRIAL SUBDIVISION, SAN RAFAEL,
CALIFORNIA (Extended to & including July 31,
1981)
4c126
5. Claims for Damages:
a. Joseph Williams, File 3-1-533 (PW)
b. Linda Mathis, File 3-1-541 (PW)
6. North Bay Cooperative Library System
Financial Statements, June 30, 1980
(Lib) - File 4-10-83
AYES: COUNCILMEMBERS: Breiner, Jensen,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
4. FINANCIAL STATUS REPORTS:
Granted acceptance of late claim and
approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
Accepted report.
Miskimen & Mayor Mulryan
a. Midyear Financial Report (Fin) File 8-9
b. Impact of Governor's and President's Proposed Budgets on City (CM) File 8-5
Council discussed the reports with City Manager Beyer and Finance Director Coleman, and thanked
them for the excellence of their presentations.
7. RESOLUTION AMENDING RESOLUTION NO. 5935 PERTAINING TO THE COMPENSATION FOR CONFIDENTIAL
EMPLOYEES (ASST. PARKS SUPERINTENDENT) (Pers - File -
Councilmember Jensen inquired about the proposed Resolution and was informed by staff that the
Resolution adopted July 1, 1980 included a wrong salary for the Assistant Parks Superintendent
position and that the purpose of this resolution is to correct the error.
RESOLUTION NO. 6070 - AMENDING RESOLUTION NO. 5935 PERTAINING TO THE COMPENSATION FOR CONFIDEN-
TIAL EMPLOYEES (Asst. Parks Superintendent)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
8. PUBLIC HEARING - NORTHGATE ACTIVITY CENTER DISCUSSION PAPER (P1) - File 10-2
Mayor Mulryann declared the public hearing opened.
Planning Director Moore summarized the discussion paper, and stated that the Planning Commission
made three recommendations to the Council: 1) That the "Balanced Housing -Office -Retail
Alternative" be accepted for further analysis and development of subalternatives; 2) That the
Group One transportation improvements be initiated (with the understanding that they would be
funded by new development); and 3) That the processing moratorium continue until Council
commitment to a preliminary Land Use Alternative and Transportation Improvement package.
Mayor Mulryan then asked for public comment. The first to speak was Mr. Stuart Strong, repre-
sentative of the special committee of the Chamber of Commerce which was formed to study the
Northgate Activity Center Plan. The committee had distilled their information into a letter
which Mr. Strong read, which endorsed the "balanced program" which seeks to phase in the
elements of improved housing, support -oriented business, and office uses, in an orderly and
compatible manner. The Chamber also recommended the Group One traffic improvements be approved
and implemented as quickly as possible. Their final suggestion was that the Council address
the inequities arising as a result of the moratorium, especially in those cases which have been
judged to be of minimum impact, and allow that type of development to proceed.
Attorney Leland Jordan, representing the Smith Ranch property, urged the Council to permit his
clients to proceed with the development of their lands, and cited that their master plan now
puts more emphasis on housing, thus generating less traffic than commercial. He called atten-
tion to the large assessment indebtedness assumed by the Smith Ranch property owners, and
offered to work with City staff in facilitating the development of the property.
Mr. Bob Van Norman, representing the Marin Horse Council, requested that an Equestrian Center
be considered for inclusion in the Northgate area.
Ms. Pat McVay stressed the need for more jobs in Marin County, stating that 95% of the people
who come to her agency looking for positions would prefer to live and work in Marin. She
estimated that this would result in less traffic on Highway 101, and create a need for local
transportation. She also urged adoption of the balanced plan.
Mr. Paul Holter, representing Mr. & Mrs. John S. Bush, owners of two adjoining parcels at 99
Professional Center Parkway, urged that their plan for a small office building be given an
exemption and be allowed to proceed. Planning Director Moore stated that at present staff can
not make a finding that there would not be an impact caused by this development, and Mayor
Mulryan asked that it come back before the Council for a decision in, hopefully, 30 days.
Mayor Mulryan asked Ms. Moore if the processing is completed on this project and she replied
that it is, and that E1 Marinero and Commerce Clearing House projects have also completed
processing.
4��
Ms. Mary Lou Jacobson addressed the Council, urging that hotel/motel use be considered in the
plan, pointing out that the area on Civic Center Drive just north of the Civic Center is an
ideal area for such a complex. She also stated she would like to have specific direction
on development of property she owns on the West side of the highway adjacent to the
Three R School.
Attorney Albert Bianchi, representing the Northgate Shopping Center and E1 Marinero, urged that
the Planning Commission be issued a directive by the Council to hear each request for exemption
individually on its own merits. He stated that it would be very appropriate at this time to
take into account the proposed expansion of the Northgate Shopping Center, which will provide
greater sales tax revenue. He pointed out that two large shopping centers are being discussed,
one to the north in Novato and one to the south in Larkspur, and that Northgate Shopping Center
should be allowed to expand without delay since it will have a tremendous impact on the City of
San Rafael.
Mr. Ray Swanson stated he is of the opinion that traffic should not be a consideration in
development of property.
Mr. Richard Bressler, representing Glendale Federal Savings, urged that exemption requests be
dealt with separately and judged on their own merits, citing the fact that his request is for a
permanent facility to be located at 630 Las Gallinas Avenue, on the site of the temporary
facility. He noted that his previously granted Use Permit required him, at the time it was
issued, to move forward with the permanent facility.
Attorney Joe Lemon, representing Quail Hill, urged that the Council make a decision soon
regarding Quail Hill. Mayor Mulryan asked Planning Director Moore if a presentation has been
made for an exemption, and she replied that the enviornmental review work is in process, and
that visual and short-term analyses are being made. The analysis should be completed in
approximately 30 days.
Mr. Ron Marinoff of the Lucas Valley Homeowners' Association, endorsed an emphasis on housing.
He expressed concern about four lanes of traffic on Lucas Valley Road, but Ms. Moore reassured
him that the four lanes were only for the interchange and not Lucas Valley Road.
The last residents to speak were Douglas Colbert and Dave Hylton, who both urged more homes
rather than commercial development. Mr. Colbert also cited Policy No. 9 of the General Plan,
which stated that neighborhood groups should have their input considered regarding growth and
planning.
There being no further public input, the public hearing was closed.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to endorse
the "Balanced Housing -Office -Retail Alternative" approach as recommended by the Planning
Commission; approve the Group One Transportation Improvements in concept, including the under-
standing that new development would fund those improvements, approximately $3,000,000; and to
ask staff to proceed with all haste to come back to the Council with specific implementation
procedures so the Northgate Moratorium can be lifted as quickly as possible, hopefully thirty
days from this date, with Council looking to staff for guidelines on exemptions.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
Council then agreed to hold a workshop meeting on Wednesday, April 8, 1981, with the Planning
Commission, at 7:30 PM in the Council Chambers.
9. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - s80-6/ED80-8; TWO -LOT SUBDIVISION;
TWO PROFESSIONAL OFFICE BUILDINGS; 1401 & 1455 LOS GAMOS ROAD; FIRST CALIFORNIA MORTGAGE CO.,
OWNER; ANDREW JAMES RING & ALBERT BIANCHI, REPS. (AP 165-010-29) (P1) File 10-8 x 10-7
Mayor Mulryan opened the public hearing and continued it to Monday, April 6, 1981, at request
of the appellant.
10. REZONING (Z79-18) 54 SAN PABLO AVENUE ("MEADOW OAKS"); AP 179-321-08 & 11 AND 179-311-21;
FROM: "U" (UNCLASSIFIED) DISTRICT, TO: P -D (PLANNED DEVELOPMENT) DISTRICT; INITIATED BY
HENRY SCETTRINI, JR., ET AL, OWNERS; DICK DORR, McKEON CONSTRUCTION, REP. (P1) - File 10-6
Mayor Mulryan declared the public hearing opened.
Senior Planner Brook gave the Council a brief project history, including visual impacts and how
they were handled, traffic impacts, housing policy concerns, environmental status, and public
input, and concluded with the Planning Commission's recommendation for certification of the
Environmental Impact Report and passing of the Ordinance to print.
Attorney Albert Bianchi, representing the developers, pointed out that the owners of the
inclusionary units would have a much lower homeowners association fee, and will not have the
special recreation area or pool, but that all exteriors of the buildings will be equally
attractive. He pointed out that driveways were revised for tenants' convenience, and trees
preserved as much as possible.
Mr. Dick Dorr then gave an overview of the project, with the aid of drawings.
4c8
Mrs. Pat Moezzi expressed her dissatisfaction with the project, citing housing placement on the
hill, and traffic impact when combined with the E1 Marinero project nearby.
There being no further public input, the public hearing was closed.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to certify the
Environmental Impact Report.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: 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 of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to P -D
(Planned Development) District (54 San Pablo Avenue "Meadow Oaks") and numbering Charter
Ordinance No. 1390, was read, introduced and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
It was agreed that inclusionary units would be of the same elevation as the others.
PUBLIC TIME
REQUEST BY CITIZENS' ADVISORY COMMITTEE ON HOUSING ELEMENT - File 9-2-33
Council received a request from Ms. Rita Wool of the CAC on the Housing Element, for secretarial
assistance in taking minutes of the meetings, deal with correspondence and handle the clerical
business of the Committee.
Councilmember Breiner moved and Councilmember Miskimen seconded, to request that the Planning
Department provide the necesary secretarial assistance for the remaining meetings of the CAC on
Housing Element.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
11. RESOLUTION AMENDING RESOLUTION No. 5651, ESTABLISHING ADMINISTRATIVE GUIDELINES FOR POLICE
ROTATION TOWING (CA) - File 9-3-30 x 9-10-2
(Councilmember Miskimen left during discussion)
The Council reviewed the amendments suggested by City Atorney Duggan, which were the result of
a meeting between Mr. Duggan, representatives of the Police Department and the tow truck
operators.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to revise the
suggested guidelines and return them to the Council for approval, with the following revisions
being made:
Inspection of brakes and headlights by Police Department to be deleted. $500 bond be re-
instated. Reduction of trucks from five to three not approved.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
(Councilmember Miskimen returned)
12. C-2 RESTRICTIONS IN THE BUSINESS DISTRICT (P1) - File 10-1
Council reviewed a staff report, prepared at their request, regarding the nonretail first floor
uses along Fourth Street. Staff had been asked to study the situation and make appropriate
recommendations regarding possible changes to the City's Zoning Ordinance.
As a result of the survey staff recommended that the Council authorize an amendment to the City
Zoning Ordinance by directing staff to prepare a C-4 (Downtown Commercial) District and schedule
it for a Planning Commission public hearing, and that use permits for existing office and
financial uses be reviewed at the same time.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the staff recommen-
dation regarding formation of a C-4 (Downtown Commercial) District, and that the boundaries be
from Lincoln Avenue to "D" Street.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
13. FINAL ADOPTION - ORDINANCE NO. 1388 - PREZONING CERTAIN REAL PROPERTY FROM COUNTY TO R-1:
B-4 SINGLE FAMILY RESIDENTIAL MINIMUM LOT SIZE ONE ACRE DISTRICT TO R-1 SINGLE FAMILY
File 5-2-83 x 5-2-75—
CHARTER
- -
CHARTER ORDINANCE NO. 1388 - Prezoning Certain Real Property from County R -1:B-4 (Single Family
Residential Minimum Lot Size One Acre) District To R-1 (Single Family Residential) District (7
& 9 Balboa Avenue) was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
429
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
14. RESOLUTION OF APPLICATION TO MARIN LAFCO FOR ANNEXATION OF SAN PEDRO ROAD & BAY WAY (INCLUDING
BALBOA AVENUE) C - File -- x --
Assistant to the City Manager Barbier informed the Council that the portion of Balboa Avenue
which is included is a small island of County territory surrounded by the City limits, and this
prezoning is the first step toward annexation. The resolution being presented for adoption
authorizes this small island, two additional parcels in the Seastrand Subdivision which are
already prezoned and presently undeveloped, and a portion of San Pedro Road which abuts the
subject properties and extends to Bellevue Avenue, to be consolidated into an application for
annexation.
RESOLUTION NO. 6071 - RESOLUTION OF APPLICATION TO THE MARIN LOCAL AGENCY FORMATION COMMISSION
IS MADE FOR ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT (San
Pedro & Bay Way, Incl. Ptn. Balboa Ave.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
15. CONSIDERATION OF COMPOSITION OF OFFICE OF CITY ATTORNEY; ASSISTANT CITY ATTORNEY POSITION AND
STAFF LEVEL CA - File 9-3-16__x_7_-_3
City Manager Beyer briefed his report to the Council, stating that its purpose was to put into
perspective the proposal made by Assistant City Attorney Bullard regarding entering into a
contract with the City for his services. Mr. Beyer stated that he has met with City Attorney
Duggan, as directed by the Council, and has attached a memo stating Mr. Duggan's views.
Mr. Beyer's recommendation, concurred in by Mr. Bullard, was to continue the Assistant City
Attorney's position as it currently exists, with a salary adjustment to $44,400 per year or
$3,704 per month, and a car allowance adjustment from $175 per month to $225 per month. Mr.
Beyer stated that he felt the issue of working relationships within the office and clarification
of roles still needs to be more clearly defined.
Councilmember Breiner moved and Councilmember Miskimen seconded, to adopt the proposed Resolu-
tion authorizing the salary and car allowance as recommended by City Manager Beyer.
RESOLUTION NO. 6072 - AMENDING RESOLUTION NO. 5930 PERTAINING TO THE COMPENSATION FOR MANAGEMENT
AND UNCLASSIFIED EMPLOYEES ( Assistant City Attorney salary at $3,704/Mo.,
and car allowance at $225/Mo., effective March 1, 1981, through June 30,
1981. Further salary adjustment effective July 1, 1981.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
16. REQUEST FROM BUSINESS IMPROVEMENT DISTRICT FOR STREET CLOSURES AND USE OF FOURTH STREET MALL
DURING MAY FAIRE PW PD - File 11-19 x 119
Council reviewed a request from the Chamber of Commerce, regarding a major downtown promotion
called "May Faire". In this connection, they reuested the closing of "A" Street between Third
Street and Fifth Avenue on Saturday and Sunday, May 9 and 10th, no later than 8:00 AM on
Saturday until 6:00 PM on Sunday, for an art festival to be coordinated by the Terra Linda Art
Association. The Chamber also requested use of the Court Street Mall for art in action demon-
strations during the week of May 4th through 10th, during the Faire.
In a joint staff report from Acting Public Works Director Bernardi and Police Chief Benaderet,
it was recommended that the use of Court Street Mall be approved, and the closure of "A" Street
only between Fourth Street and Fifth Avenue, with the portion of "A" Street between Third and
Fourth to be closed only if necessary. Staff also recommended that Council authorize the
transfer of $850 from unappropriated reserves to cover the cost of Police Department overtime.
After discussion Councilmenber Miskimen moved and Councilmember Breiner seconded, to approve
the closure of "A" between Fourth Street and Fifth Avenue only, and authorized $850 in Police
Department overtime, from the Police Department budget.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
17. PROTOTYPE TRANSPORTATION SYSTEM FOR SAN RAFAEL (CM) - File 11-1
Council studied a proposal which was presented to City Manager Beyer by Robert Behnke, president
of Aegis Systems Corp., for an auto -ride transportation system for San Rafael. The system is a
computerized carpool matching program, which utilizes miniaturized online computer terminals
attached to the telephones of its paid members. Mr. Behnke is proposing that San Rafael be a
model city to test the applicability of this concept in assisting to impact the transportation
problems facing the community.
Council agreed to support the program in concept, but would make no financial commitment.
Staff was requested to check the Yellow Cab Co. franchise to ascertain whether there is any
conflict.
430
18. APPROVAL TO APPLY TO CALIFORNIA ARTS COUNCIL AND SAN FRANCISCO FOUNDATION FOR GRANTS FOR
FAMILY ART WORKSHOPS - -10-153
RESOLUTION NO. 6073 - AUTHORIZING STAFF TO SUBMIT GRANT REQUESTS TO THE CALIFORNIA ARTS COUNCIL
AND SAN FRANCISCO FOUNDATION FOR "FAMILY FESTIVALS" ($4,350 each)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
19. REQUEST TO SUPPORT APPLICATION TO CALIFORNIA ARTS COUNCIL BY MARIN ARTS COUNCIL (CM/Rec.) -
File 197
RESOLUTION NO. 6074 - RESOLUTION SUPPORTING THE MARIN ARTS COUNCIL
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jenson & Nixon
ADD ITEM
(Councilmember Jensen left meeting)
MEMORANDUM OF UNDERSTANDING RE PG&E SITE (CD) - File 4-4-4 x SRRA R-187 x R-134
This add item is the required additional action in connection with the Redevelopment Agency
agenda item on the same subject, regarding the PG&E property at Second and Lindaro Streets.
RESOLUTION NO. 6075 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Memorandum
of Understanding with Pacific Gas & Electric Company re PG&E site at
Second and Lindaro Streets)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Nixon
The City Council adjourned to Closed Session to discuss pending litigation.
\.
P S A ft-il E M L Egil C I l'
APPROVED THIS 6-F4 DAY OF 1981
MAYOR OF THE CITY OF CAF
In the Council Chambers of the City of San Rafael, Monday, April 6, 1981, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
I tem
1. Approval of Minutes of Adjourned Regular
Meeting of March 23, 1981 (CC)
2. Award of Contract - Bret Harte Road
Retaining Wall - 1981 Project
No. 06-409307 (F) (PW) - File 4-1-303
3. Approval of Final Map - Rafael North
Executive Park (PW) - File 5-1-265
Recommended Action
Approved as submitted.
RESOLUTION NO. 6076 - AWARD OF CONTRACT
(To Valentine Corp., low bidder, $11,888)
RESOLUTION NO. 6077 - APPROVING FINAL MAP
OF SUBDIVISION ENTITLED "RAFAEL NORTH
EXECUTIVE PARK"
4. Authorization for Soils Engineering
Services - Andersen Drive Extension
(PW) - File 4-3-79 x 12-7
7. Report re Terms of Board/Commission
Members (CC) - File 9-2-24 x 9-2-3
a. Cultural Affairs Commission
(Commissioners Batman, Mardesich,
Meyers & Simons)
b. Library Board of Trustees
(Board Members Kraemer & McBride)
8. Correspondence re Arbitration Initiative,
San Rafael Firefighters (CM)
File 9-4 x 7-8-2 x 7-8-3
10. Claims for Damages:
a. Brett E. Garner - File
(PD)
b. Bart Jefferson - File
(PW)
c. Judith M. Einbinder -
(PW)
3-1-552
3-1-556
File 3-1-560
11. Request to Waive Fees for Use of Falkirk
for Reception for French Canadian Students
(Rec.) File 9-2-24 x 110
12. Status Report - East Francisco Blvd.
Undergrounding of Utilities and
Assessment Distict (PW) - File 6-34
13. Resolution Pertaining to Compensation
and Working Conditions for Police
Department Personnel (CM) - File 7-8-3
Q
Authorized Actg. Dir. of Public Works to
sign Svc Agreement w/Cooper & Clark for
soils engineering services, fee not to
exceed $6,500.
Approved staff recommendation to interview
incumbents commencing at 7 PM on April 20,
1981.
Accepted report that Fire & Police Dept.
employees request proposed charter
amendment re binding arbitration be put on
ballot for the 11/3/81 Municipal Election.
Approved R. L. Kautz Co. recommendations
for denial of claims.
Approved staff recommendation re waiving
fees for reception at Falkirk, & adopted
Proclamation re week of April 5, 1981
being City of Quebec Student Exchange Week.
Reception to be held April 9, 1981.
Accepted report on status of undergrounding.
RESOLUTION NO. 6078 - AMENDING RESOLUTION
NO. 5929 PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR POLICE DEPARTMENT
PERSONNEL (Correcting inconsistencies in
Res. 5929, and designating the MOU of
June 30, 1979, as the official document of
reference respecting compensation and
working conditions for Police Department
personnel)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. REPORT ON STATE ASSEMBLY BILL 112 (INDUSTRIAL DEVELOPMENT BONDS) (CM) - File - 9-1-2 x 175 x
RRA R-130)
Council reviewed a staff report indicating that Assembly Bill 112 (Lockyer) is pending in
Sacramento, which would phase out the exemption the City now has regarding review by the
California Industrial Development Financing Advisory Commission of Industrial Development
Bonds.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to have staff
send a letter to the City's legislative representatives expressing the Council's opposition to
the proposed Bill.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. CONVEYANCE TO PG&E OF SMITH RANCH ASSESSMENT DISTRICT FACILITIES (PW) - File 6-32
Council reviewed a staff report indicating that there was a stipulation in the City's prior
agreement with PG&E for installation of underground gas and electric distribution facilities in
the Smith Ranch Assessment District provided that the City would convey to PG&E all of the
facilities subsequent to their installation. Staff's recommendation is that the Council adopt
the Resolution authorizing execution of the conveyance of underground gas and electric distribu-
tion facilities in Smith Ranch Assessment District No. 1.
RESOLUTION NO. 6079 - AUTHORIZING EXECUTION OF CONVEYANCE (Smith Ranch Assessment District No.l,
conveyance to PG&E of underground gas & electric distribution facilities)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
432
9. REQUEST FOR COUNCIL SUPPORT OF THE "GREAT CALIFORNIA RESOURCE RALLY", APRIL 20 - 26, 1981
CC PW -File 198
RESOLUTION NO. 6080 - ENDORSING AND SUPPORTING THE OBJECTIVES AND GOALS OF THE CALIFORNIA
RESOURCE RALLY
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - DRAFT SPECIFIC AREA PLAN FOR WEST FRANCISCO BOULEVARD AREA (CD) -
File 175 x SRRA R-130
Mayor Mulryan declared the public hearing opened.
Assistant City Manager/Community Development Meador gave the Council a brief chronology of the
work of the Planning Consultant and Economic Consultant concerning the Plan, and introduced
Dwight Winther, the Planning Consultant. Mr. Winther reviewed, with the aid of drawings, the
three alternatives developed, and stated that the Planning Commission endorsed Alternative No.
3, which includes connecting Rice Lane to Second Street and extends the linkage from Second
Street to Third Street. This would serve to improve access from two directions - via "A"
Street and Second Street - into the West Francisco Boulevard area. Council discussed costs,
and Mr. Winther informed them that the difference between Alternates 2 and 3 is $950,000. Mr.
Winther then introduced Mr. Tom Feeney of Economic Research Associates, who discussed the four
basic land uses for the area - office space, light industrial, retail, and/or a major shopping
center. He mentioned that with the development of the area the property values would increase
considerably, there would be no increase regarding fire protection, but that one additional
Police officer would be needed to service the expanded uses, at a cost of approximately $25,000.
Landscaping would be kept uniform throughout, in order to achieve an integrated effect.
Councilmember Breiner recommended that page 33 of the Specific Plan #9 should be amended to
read, "Views of surrounding ridgelines and of the Mission should be maintained between
buildings".
Attorney Warren Perry, representing Baxter family, owners of property in the area, expressed
concern regarding a firm commitment to property owners regarding the alternate uses of their
property so they will be aware of exactly where they stand in the Plan, and also pointed out
that the financing aspect should be made perfectly clear.
Mr. Scott Deming, property owner, urged Council to approve the extension to Second Street.
Mr. Steve Snyder stated that additional car dealers in the area would substantially increase the
sales tax base.
There being no further public input, the hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to endorse
Alternate 3 conceptually; to instruct staff to finalize the EIR based on conceptual land uses
and roadway patterns; to instruct staff to begin correspondence and negotiations with Caltrans
regarding modifications of the Freeway Agreement; and, further, instruct staff to go to bid on
the extension as soon as possible.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - s80-6/ED80-8; TWO -LOT SUBDIVISION; TWO
PROFESSIONAL OFFICE BUILDINGS; & 1455 LOS GA OS ROAD; FIRST CALIFORNIA MORTGAGE CO., OWNER;
ANDREW JAMES RING & A BER B ANCH , REPS. AP 165-010-29) (P - File 10-8 x -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council on the background of the project, and informed them
that the Planning Commission had voted in February to deny the project due to significant cumu-
lative adverse traffic impacts and the obstruction of a significant transit connector. The
project would preclude the through connection of Los Gamos Road by a limited access connector
and bicycle path which are needed to relieve congestion.
Attorney Albert Bianchi, representing the appellant, was not in agreement with the reasons for
denial, and cited the fact that the application has been before the City since 1979, and the
delaying action is putting the project in jeopardy. The developer had understood that there
would be no problem with the project. An additional problem is that this property consists of
two parcels which are under separate ownership.
There being no further public input, the hearing was closed and continued to April 20, 1981, on
motion of Councilmember Breiner, seconded by Councilmember Nixon, to allow further consideration
of the matter after the Northgate Activity Center workshop on April 8, 1981, in conjunction with
the Planning Commission.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
433
16. PUBLIC HEARING - REZONING (Z81-1) 626 DEL GANADO ROAD, AP 178-113-22; FROM: R -1 -CSD (SINGLE
FAMILY RESIDENTIAL -COMMUNITY SERVICE) DISTRICT, TO: P -D PLANNED DEVELOPMENT DISTRICT;
INITIATED BY PRESBYTERYF THE REDWOODS, LUCIE B C B NDER, RE P - File 0 -
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Dec-
laration and waive the City fees for the project, approximately $4,100.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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 of San Rafael,
California, so as to Reclassify Certain Real Property from R -1 -CSD (Single Family Residential -
Community Service) District to P -D (Planned Development) District (626 Del Ganado Road), and
numbering Charter Ordinance No. 1391, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting)
17. PUBLIC HEARING - CONSIDERATION OF "HISTORIC LANDMARK" DESIGNATION FOR 121 KNIGHT DRIVE
AP 185-082-01) P - File - -
Mayor Mulryan declared the public hearing opened. There being no public input, the
public hearing was closed.
RESOLUTION NO. 6081 - DESIGNATING 121 KNIGHT DRIVE AS AN HISTORICAL LANDMARK
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
18. PUBLIC HEARING - CONSIDERATION OF "HISTORIC LANDMARK" DESIGNATION FOR 510 BELLE AVENUE
A 14-052-09) P - File 13-YT--T-
Mayor
- -
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
RESOLUTION NO. 6082 - DESIGNATING 510 BELLE AVENUE AS AN HISTORICAL LANDMARK
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
PIIRI Tr' TTMF
(Councilmember Miskimen returned)
File 9-10-2 x 11-22
Leon Netboy, representing the Citizens' Party, requested waiver of a damage deposit of $500, and
insurance requirement of $100,000 liability with the City as additional insured, in connection
with a rally and demonstration, preceded by a parade, on Saturday, April 25, 1981, at Gerstle or
Albert Park. The group wanted Gerstle Park, but Recreation Director Jauch recommended Albert
Park instead, due to the nature of the event. Council agreed to discuss the matter further at
the April 8, 1981 workshop meeting.
19. RESOLUTION AMENDING RESOLUTION NO. 5651, ESTABLISHING ADMINISTRATIVE GUIDELINES FOR POLICE
ROTATION TOWING (PD) - File - - x 9 -IDE -2
Police Chief Benaderet informed the Council that the guidelines have now been amended in accord-
ance with their instructions, and recommended that a Resolution be adopted establishing the
administrative guidelines, with Sec. 12, Subsec. G of Exhibit "A" revised to reduce the number
of required tow vehicles to three.
RESOLUTION NO. 6083 - AMENDING RESOLUTION NO. 5651 WHICH ESTABLISHED ADMINISTRATIVE GUIDELINES
FOR POLICE ROTATION TOWING
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS. None
20. FINAL ADOPTION - ORDINANCE NO. 1390 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO
(PLANNEDan Pablo Avenue "Meadows Oaks") - File -
434
CHARTER ORDINANCE No. 1390 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as
to Reclassify Certain Real Property from "U" (Unclassified) District to P -D (Planned Develop-
ment) District (54 San Pablo Avenue "Meadow Oaks") was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. DRAFT ORDINANCE TO LEASE STATE TIDE AND SUBMERGED LANDS. GUIDELINES FOR LEASE OF STATE TIDE
AND SUBMERGED LANDS HELD IN TRUST BY CITY RA - File 12-19 x 9-1-2
Council reviewed a staff report indicating that the engineering firm for the Central Marin
Sanitation District was advised by State Lands Commission that a permit would be required to
construct an outfall line out into the Bay, and referred them to the City of San Rafael for that
purpose. The grant of State (submerged) Lands to the City of San Rafael in 1923, as amended,
requires the City to issue leases and permits for the use of these lands. Accordingly, staff
prepared an Ordinance enabling the City Council to lease or permit the use of these lands.
Additionally, Guidelines for the management of these lands, adopted from Sec. 2000 et seq, Title
2 of California Administrative Code have been prepared.
Staff's recommendations are that the Council pass the Ordinance to print at this meeting, and
defer action on the Guidelines until the Ordinance is returned to Council for final adoption.
An Ordinance of the City of San Rafael, Authorizing the Lease of Tide and Submerged Lands
Granted in Trust to the City of San Rafael, and numbering Charter Ordinance No. 1392, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. REPORT ON STATE SENATE BILL 215 (GAS TAX INCREASE) (PW) - File 4-9
Council discussed a staff report from Acting Public Works Director Bernardi, stating that local
support will be necessary for the passage of Senate Bill 215, regarding a 2 0/gallon gas
tax increase. This amount would increase the City's gas tax allocation to approximately
$650,000, by adding $250,000 in additional gas tax revenue.
Mayor Mulryan read a letter from Irate Taxpayers of Marin, asking that the City oppose the
Bill.
Councilmember Jensen indicated he is opposed to such a tax.
RESOLUTION NO. 6084 - SUPPORTING SENATE BILL 215 (FORAN - 2 ¢/GALLON GAS INCREASE)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Council directed that a copy of the Resolution be forwarded by staff to the City's elected
representatives.
23. REPORT ON CETA PROGRAM (CM) - File 4-13-41 x 7-3
City Manager Beyer informed the Council that the Marin County CETA Office recently announced
the elimination of funding for the CETA program effective April 10, 1981. As of that date the
program will end.
At present there are three CETA positions in the City: Word Processing, Records Management,
General Services Press Operations and Community Center front desk operation. Staff is recom-
mending that the Word Processing Operator position, which was previouly approved, now be
filled, and the Microfilm Technician and Press Operator be considered in the context of compet-
ing needs during the budget review process. The total cost for the Word Processing Operator
for FY 80/81 would be $4,121, to be funded from current budget reserves, with the understanding
that the position will be permanent. Staff also recommended that the Council authorize $5,115
to fund the Microfilm Technician and General Services Aide Trainee only through June 30, 1981.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to approve staff
recommendations regarding the CETA positions.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
24. DISCUSSION CONCERNING FORMATION OF MARIN CITIZENS' LEAGUE (CM) - File 195
Mayor Mulryan proposed that the Council inform the Marin County Council of Mayors and Council -
members at the next meeting that the City of San Rafael recommends against formation of the
Marin Citizens' League, which it is felt would constitute another level of government.
25. REPORT RE HOUSING IN RELATION TO REQUESTS TO SAN FRANCISCO FOUNDATION (CD) - File 4-13-38
Item continued to the meeting of April 20, 1981. The matter of the approach to the problem of
voting within the Priority Setting committee with regard to housing funds for the City of San
Rafael will be studied by the Council and discussed April 20. 1981.
26. DISCUSSION RE PUBLIC UTILITIES COMMISSION HEARINGS ON PG&E RATE INCREASE (CM) - File 9-11-5
City Manager Beyer informed the Council that the rate increases being requested by PG&E and
which will be the subject of a hearing before the PUC would increase electricity by 40% and gas
an average of 27% from January 1982 to December 1983. Staff is recommending adoption of a
Resolution protesting the proposed increases in gas and electricity.
RESOLUTION NO. 6085 - PROTESTING APPLICATION OF PACIFIC GAS & ELECTRIC COMPANY TO THE CALIFORNIA
PUBLIC UTILITIES COMMISSION FOR ELECTRIC AND GAS RATE INCREASES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEMS:
I COMMISSION ON AGING - File 9-1 x 199,(Verbal
Councilmember Jensen was appointed to represent the City Council on the Commission on Aging.
II BOARD OF SUPERVISORS' ACTION RE VIACOM - File 9-7-4 (Verbal)
Council directed staff to look into the matter of the Board of Supervisors' action regarding
Viacom and make recommendations at the April 20, 1981 meeting.
III REPORT ON CAC FOR HOUSING ELEMENT ACTIVITIES - File 9-2-33
Planning Director Moore reported to the Council on the number of meetings held, and planned, by
the Committee, and indicated that they intend to recommend a number of changes in the City's
housing policies. Council accepted the verbal report without action.
Council then adjourned to Closed Session to discuss pending litigation, personnel, and labor rela-
tions.
(97MNE M. LEONCI I, City Clerk
APPROVED THIS oZO�` DAY OF 1981
4
MAYOR OF THE CITY OF SAN RA EL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Wednesday, April 8, 1981, at 7:30 PM.
Special Joint Meeting:
San Rafael City Council,
San Rafael Planning Commission
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Present: Richard M. Norman, Chairman
Cecilia B. Bridges, Commissioner
John Galbraith, Commissioner
Clifford S. Lund, Commissioner
John A. Starkweather, Commissioner
Absent: Albert J. Boro, Commissioner
Michael J. Smith, Commissioner
Also Present: Robert F. Beyer, City Manager, Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CITY COUNCIL
REQUEST FOR WAIVER OF FEES, CITIZENS' PARTY PARADE, RALLY AND DEMONSTRATION (Rec) -
File 9-10-2 x 11-22
436
Council considered a request from the Citizens' Party for a parade, rally and demonstration
regarding E1 Salvador. The group first wanted Gerstle Park but when Recreation Director Jauch
realized the type of event which was being planned he cancelled that reservation and told the
group that Albert Park is more suitable for gatherings of the type they were planning. The
Citizens' Party representatives appealed to the City Council to waive the required $500 refund-
able damage deposit, and the $100,000 liability insurance with the City as additional insured.
Police Chief Benaderet informed the Council that in his estimation a sum of approximately $120
would be required for Police Department overtime, for crowd control during the parade and
gathering, especially since it was planned for April 25th, a Saturday.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to accept the
recommendation of the Recreation Director and require the $500 damage deposit, the $100,000
liability insurance with the City as additional insured, and payment of approximately $120 for
Police Department overtime.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY COUNCIL/PLANNING COMMISSION WORKSHOP
WORKSHOP ON NOR HGA E ACTIVITY CENTER PLAN (P1) - File 10-2
After a presentation by Planning Director Moore and Traffic Engineer Gerth, with the aid of
aerial maps of the Northgate area, Council and Planning Commission agreed to adopt the proposal
for modification of the Freitas Parkway overpass including signalization and channelization;
construction of an overpass at northerly Merrydale Road, as an east/west connector; modification
of the Lucas Valley Road interchange by adding a new direct southbound Hwy 101 offramp to match
the Group I northbound onramp, a new southbound Hwy 101 onramp for traffic traveling werterly
on Lucas Valley Road, no widening of the undercrossing, and closing existing southbound Hwy 101
offramp; and improvement of the North San Pedro Road/Hwy 101 interchange including signalizing
the intersection where eastbound traffic on North San Pedro Road turns to travel northerly on
Hwy 101, widening the northbound Hwy 101 offramp for traffic headed westerly on North San Pedro
Road, and widening the Merrydale/North San Pedro Road intersection.
Council stated that they wish the moratorium to be lifted as soon as possible, after staff
furnishes them with figures based on the decisions regarding traffic control modifications, to
enable the Council to rule on specific projects.
Council adjourned to a joint Closed Session with Redevelopment Agency to discuss personnel and
pending litigation.
(4EANNE M. LEONCINI , City Clerk
APPROVED THIS a6-" DAY OF 1981
MAYOR OF THE CITY OF SAN RAFAEL
In Room 201 of the San Rafael City Hall, Wednesday, April 8, 1981, at 9:00 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
San Rafael City Council, Dorothy L. Breiner, Councilmember/Agency Member
San Rafael Redevelopment Agency Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
CLOSED SESSION
The City Council/Redevelopment Agency met in closed session, to discuss personnel and pending
litigation.
No actions were taken.
437
The City Council/Redevelopment Agency adjourned to their next regular meetings on April 20,
1981.
E M. LEONCINI, C ty Clerk Agency Secretary
APPROVED THIS apt-' DAY OF 1981
��I-
CIAWRENCE E. MULRYAN
Mayor of the City of San Rafael/Agency Member
In Room 201 of the San Rafael City Hall, Monday, April 20, 1981, at 7:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
(Arrived at 7:20 PM)
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk
RE: INTERVIEWS OF INCUMBENTS RE REAPPOINTMENT:
a. Cultural Affairs Commission - File 9-2-24
Council interviewed the following incumbents of the Cultural Affairs Commission for reappointment:
Elise Meyers
Osa Hall (Niki) Simons
Daniel J. Mardesich
Ann Batman
Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint the four incumbents,
with the City Clerk to handle drawing of lots for lengths of terms - three four-year terms and
one two-year term, in order to stagger the expiration dates.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. Library Board of Trustees - File 9-2-3
Council then interviewed the following incumbents of the Library Board of Trustees for reappoint-
ment:
Clarice T. Kraemer
Lyman B. McBride
Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint the two incumbents
for four-year terms to expire in April 1985.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan requested that City Manager Beyer confer with County Librarian and give Council a
report on possible closing of the Civic Center Branch of the County Library System. Council
had some time ago considered the possibility of a Terra Linda Branch of the San Rafael Public
Library but took no further action because it was felt there would be a duplication of services
in the area.
43S
The Council adjourned to their regular meeting to commence at 8:00 PM, immediately following
the Redevelopment Agency meeting.
J ANNE M. LEONCINI, City Clerk
APPROVED THIS 4-n( DAY OF , 1981
d—
MAYOR OF THE CITY OF SAN RAFA
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, April 20, 1981, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of Regular Meeting of
April 6, and Special Joint Meetings of
April 8, 1981 (CC)
2. Claims for Damages:
a. California State Automobile Assn.
(Christopher J. Day) (PD) -
File 3-1-551
b. Steuart D. Seguy (FD) - File 3-1-557
3. Resolution Authorizing Mayor to Sign
Annexation Agreement, Ranch Road
Annexation (P1) - File 5-2-84 x 189
5. Authorization to Submit Specifications
for Reconditioning of Fire Engine (FD) -
File 4-2-158
6. Undergrounding of Electrical Lines on
Irwin St. between Third & Fourth Sts.
(CM) - File 4-4 (SRRA R-71)
Recommended Action
Approved as submitted.
Approved R.L.Kautz Co. recommendations for
denial of claims.
RESOLUTION NO. 6086 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Ranch
Road Annexation Property Owners & Marin
Co. Local Agency Formation Commission -
Annexation to Las Gallinas Valley
Sanitary Dist.)
Approved staff recommendation re author-
ization to submit specifications to fire
apparatus manufacturers for reconditioning
of Engine 5, est. $80,000. Following
submittal, Fire Dept. will request Council's
authorization to award bid.
Accepted report that PG&E will not pick
up portion of the $6,623 in question,
since all work was included in the
original estimate.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
4. APPLICATION OF SAN RAFAEL CHAMBER OF COMMERCE TO USE CITY STREET AND PARKING LOT FOR A FLEA
MARKET PD PW - File 119 x 1-19
Council reviewed a request from the Chamber of Commerce for use of the City parking lot on Third
Street between A and B Streets for a Flea Market, and closing of a portion of AoStreet for
the May 3, 1981 event. Hours are 7:00 AM to 5:00 PM.
439
The Chamber also asked the Council's permission for the sale of beer at the event. Police Chief
Frank Benaderet informed the Council that the Alcoholic Beverage Control routinely denies appli-
cations for permits on City property if their Code prohibits it. This permission could, however,
be granted by motion of the City Council.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the
Chamber of Commerce request for use of the City Parking Lot at Third and "A" Streets, partial
closure of "A" Street, and include permission for the sale of beer.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. PUBLIC HEARING - CONTINUATION OF REVIEW OF THE NORTHGATE ACTIVITY CENTER DISCUSSION PAPER (P1) -
File -2
a. Discussion of Proposed Merrydale Overpass
b. Discussion of Figures re Traffic Control Modifications
Mayor Mulryan declared the public hearing opened.
Council reviewed a staff report giving the time table of actions being taken, with a recom-
mendation that the schedule be adopted and a special meeting be set for the week of May 11, 1981,
in conjunction with the Planning Commission, at which time staff will have available a capacity
analysis and information to enable the Council to make decisions on assignment of land use based
on the balanced alternatives.
Council then heard from several Terra Linda and Los Ranchitos residents, clarifying various
aspects of the Northgate Activity Center Discussion Paper, and asking that copies be made avail-
able before the next joint meeting with the Planning Commission, including traffic level figures.
After discussion, Mayor Mulryan declared the public hearing continued to 8:00 PM on Wednesday,
May 13, 1981, at a joint meting with the Planning Commission. Council requested that staff
publicize the meeting more than the usual legal notices.
8. APPEAL OF PLANNING COMMISSION DENIAL - s80-6/ED80-8, TWO -LOT SUBDIVISION; TWO PROFESSIONAL
OFFICE BUILDINGS; 1401 & 1455 LOS GAMOS ROAD; FIRST CALIFORNIA MORTGAGE CO., OWNER; ANDREW
JAMESR B A A - - - File 10-8 x -
Hearing on this item was delayed until after Item 11, to permit arrival of Attorney
Albert Bianchi, representative for the developers)
Mayor Mulryan declared the public hearing opened.
Assistant City Manager/Community Development Meador called the Council's attention to his
staff report, prepared just before the meting due to a late afternoon conference with
the developer and his representatives. The report points out the two major design
criteria in respect to traffic circulation which need to be included within the plan -
the provision for a transit corridor and a bike path connecting the two sections of Los
Gamos Road. He stated that this may result in a redesign of the building to achieve more
optimum use of the land.
The staff report recommended that the matter be referred back to the Planning Commission
for consideration of a redesign of the building, and that staff work with the applicant
and Bank of Marin Trust in connection with an open space easement, scenic restriction or
similar mechanism.
Architect James Ring urged the Council not to request that the transit connector be
provided. However, he stated that he could redesign the building if this is required.
Council then heard from other residents of the area, asking that Los Gamos Road not be
connected, and pointing out that if a transit connector is once established it would
probably lead to through traffic later on.
There being no further public input the public hearing was closed.
After discussion Councilmember Jensen moved and Councilmember Nixon seconded, to approve
a negative declaration.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner & Miskimen
ABSENT: COUNCILMEMBERS: None
Councilmember Nixon then moved and Councilmember Jensen seconded, to approve the project
with the bike path, but not the transit connector.
In compliance with the staff recommendation, Council also asked staff to confer with the
Bank of Marin Trust in connection with the open space easement on the second parcel,
scenic restriction or similar mechanism.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PETITION TO STOP DEMOLITION OF SPIRO'S CHATEAU RESTAURANT AND THE ADJACENT POND (PW) -
i e 4-8-20 x 101
Council reviewed a staff report which enclosed a petition asking that demolition of
Spiro's Chateau Restaurant be halted, and that the northbound onramp not be constructed.
Council then heard a presentation from Mr. Bob Crockett, Acting Branch Chief of Cali-
fornia Department of Transportation, describing the plans for the onramp, and stating
that these plans have been publicized for years. He noted that the land has belonged to
CalTrans for many years, and the facts were known at the time the present lessee took over
the restaurant. Nicole and Tony Arms urged the Council to stop demolition.
After discussion Council agreed to take no action on the petition.
10. STATUS REPORT ON ROTARY MANOR SENIOR CITIZENS' HOUSING PROJECT (CD) - File 188
SRRA R -
Council considered a request from Mr. Jock McNutt, president of Rotary Manor Corp., to
waive the building permit and plan check fees for Rotary Manor, totaling approximately
$6,170. Mr. McNutt also requested a waiver of the 'bedroom tax', which totals approxi-
mately $8,030. He explained that by keeping these costs down he would be able to offer
lower long term rentals. With regard to waiving the bedroom tax, Mr. McNutt noted that a
recreation area for the neighborhood is being provided where the playground used to be.
Councilmember Jensen moved and Councilmember Miskimen seconded, to waive the building
permit and plan check fees.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Jensen then moved and Councilmember Breiner seconded, to waive the bedroom
tax.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. CONSULTANT'S STUDY OF POLICE DEPARTMENT (CM) - File 4-10-146 x 9-3-30
Richard Hughes of Hughes, Heiss & Assoc., reviewed the study for the Council. The study
was then referred to the Police Advisory Commission and staff to review specific pro-
posals and management ideas, and to present their views and recommendations to the
Council. Police Chief Benaderet will withhold his comments until after the Commission
and staff have completed the review.
12. REPORT RE HOUSING IN RELATION TO REQUESTS TO THE SAN FRANCISCO FOUNDATION (CD) -
File 4-13-38
Council reviewed a staff report regarding the report from the Committee on Affordable
Housing, which includes a shift in the apportionment of Block Grant funds. The funds are
now split 50% housing and 50% capital grants, and the report calls for a split of 65%
housing and 35% capital grants. Such a split would cost the San Rafael planning area
about $90,000 a year.
After discussion it was agreed that Assistant City Manager/Community Development Meador
prepare a letter for the Council to present to the Marin County Mayors and Councilmembers
on Wednesday, April 22nd, reflecting the City's views that a city which has active
housing projects underway or completed be considered in a different light than cities
which have had no such projects. The letter is also to state that the Council does not
agree with using a percentage factor splitting housing and capital grants.
13. DISCUSSION OF BOARD OF SUPERVISORS' ACTION RE VIACOM (CA) - File 9-7-4
Council met at the end of the meeting in Closed Session. They then reconvened in open
session and announced that the City is joining the County of Marin in Cause of Action
against Viacom.
14. REPORT ON CITY'S POSITION RE BINDING ARBITRATION (CM) - File 9-4 x 7-8-2 & 7-8-3
City Manager Beyer recommended to the Council that they approve a ballot measure for the
November 3, 1981 election, in response to the recently received notification that the
Police and Fire associations plan to have a ballot measure in that election requiring
binding arbitration of wages, hours and conditions of employment. The City's ballot
measure would provide that no public funds be awarded as a result of binding arbitration,
fact finding or parity without approval of the voters. Staff feels that this measure is
necessary in order to preserve the fiscal authority of the City.
Staff was asked to refine the wording of the suggested ballot measure and bring it back
to the Council on May 18, 1981. Council agreed that they will actively publicize the
measure so the people will understand the costs involved, and the necessity for the
City's ballot measure.
44�
15. CRIME DATA COMPARISON WITH FBI STATISTICS (PD) - File 9-3-30
Council accepted a report from Police Chief Benaderet, indicating an overall decline in
the crime rate within the City.
16. STATUS REPORT ON FUNDING OF ALTERNATE 3 CONCEPT RE SPECIFIC AREA PLAN FOR WEST
FRANCISCO BOULEVARD CD - File 175 (SRRA R- 0
Council accepted a staff report informing them that bid documents are being finalized in
connection with the plan, and will be completed within six weeks. Staff is to continue
discussions with Northwestern Pacific Railroad regarding exchange of property which would
culminate in obtaining right-of-way for the proposed extension of West Francisco
Boulevard.
17. FINAL ADOPTION - ORDINANCE NO. 1391 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.U2210 OF THE MUNICIPAL CODE OF SAN
RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1 -CSD SINGLE
FAMILY RESIDENTIAL - COMMUNITY SERVICE DISTRICT TO P -D PLANNED DEVELOPMENT
DISTRICT DEL GANADO ROAD - Fi e -
CHARTER ORDINANCE NO. 1391 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as
to Reclassify Certain Real Property from R -1 -CSD (Single Family Residential - Community Service)
District, to P -D (Planned Development) District (636 Del Ganado Road), was adopted as an Ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. FINAL ADOPTION - ORINANCE NO. 1392 - AUTHORIZING THE LEASE OF TIDE AND SUBMERGED LANDS
GRANTED IN TRUST TO THE CITY OF SAN RAFAEL RA - File 12-19 x 9-1-2—
CHARTER
- -
CHARTER ORDINANCE NO. 1392 - Authorizing the Lease of Tide and Submerged Lands Granted in Trust
to the City of San Rafael, was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. RESOLUTION TO ADOPT GUIDELINES FOR LEASE OR PERMIT OF UNFILLED STATE TIDE AND SUBMERGED LANDS
HELD N TRUST B THE CIT OF SAN RAFAEL RA - File 12-19 x 9-1-2
RESOLUTION NO. 6087 - ESTABLISHING GUIDELINES FOR THE LEASE OR PERMIT OF UNFILLED STATE TIDE
AND SUBMERGED LANDS
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. RESOLUTION OF AWARD OF CONTRACT FOR TRAFFIC LOOP DETECTOR REPLACEMENT 1981 - PROJECT NO.
06-409308 PW - File -1--RU
RESOLUTION NO. 6088 - RESOLUTION OF AWARD OF CONTRACT (To Steiny & Co., Inc., Low Bidder,
Bid Amont $13,320)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. ADOPTION OF RESOLUTION OF PROCEDURES FOR PROCESSING DEVELOPMENT AGREEMENTS (CA) - File 9-1-2 x
RESOLUTION NO. 6089 - RESOLUTION ESTABLISHING PROCEDURES AND REQUIREMENTS FOR THE CON-
SIDERATION OF DEVELOPMENT AGREEMENTS UNDER GOVERNMENT CODE SECTIONS
65864-65869.5
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. RESOLUTION AUTHORIZING CITY MANAGER TO SIGN APPLICATION FOR ROBERTI-Z'BERG URBAN SPACE AND
RECREATION GRANT FOR 1980/81 PW - File 4-10-154 x 2-1-5
Council reviewed a staff report from Acting Public Works Director Bernardi, recommending that
they adopt a resolution approving application to the State Department of Parks and Recreation
for grant funds for Pickleweed Park, since we are being allocated $11,214 for which we must
provide $3,738 in matching funds. The staff recommendation is for allocation of the $3,738
from unappropriated reserves, and also that the City Manager be designated as the City's
authorized representative in this matter.
442
RESOLUTION NO. 6090 - APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN
OPEN SPACE AND RECREATION PROGRAM FOR PICKLEWEED PARK PLAYGROUND IMPROVE-
MENTS
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM
RENAMING OF RICHMOND -SAN RAFAEL BRIDGE IN HONOR OR THE LATE SEN ATOR JOHN F. McCARTHY - File 112
Both Councilmembers Breiner and Jensen recommended that Council adopt a resolution renaming
the Richmond -San Rafael Bridge in honor of the late Senator John F. McCarthy.
RESOLUTION NO. 6091 - RESOLUTION SUPPORTING THE RENAMING OF THE RICHMOND -SAN RAFAEL BRIDGE TO
THE JOHN F. McCARTHY MEMORIAL BRIDGE IN HONOR OF JOHN F. McCARTHY
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CLOSED SESSION
The Council met in closed session to discuss pending litigation, labor negotiations and
personnel. They then reconvened in open session and unanimously agreed to authorize payment
of $3,800 in connection with the claim of Simone Kulhaner. (File 3-1-567)
The City Council then adjourned to their next regular meeting on Monday, May 4, 1981.
ANNE M. LEONCINI, City Clerk
APPROVED THIS 4--tl DAY OF 1981
4AY0__R OF THE ZCITY OF SA�RAI
In the Council Chambers of the City of San Rafael, Monday, May 4, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended action
on the following consent calendar items:
Item
1. Approval of Minutes of Special and Regular
Meetings of April 20, 1981 (CC)
2. Request for 90 -Day Extension for
99 Professional Center Parkway (P1) -
File 4-10-155
3. Extension of Time - Marin Covenant
Church Frontage Improvements (PW) -
File 4-10-112
Recommended Action
Approved as submitted.
RESOLUTION NO. 6092 - AUTORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/John & Lola Bush for 90 -day extension
of time limits for project processing,
to August 23, 1981)
RESOLUTION NO. 6093 - EXTENDING TIME FOR
COMPLETION OF ROADWAY IMPROVEMENTS ON
REDWOOD DRIVE, SAN RAFAEL, CALIFORNIA
(Extended to and including December 31,
1981)
5. Report on Terms of Cultural Affairs
Commission Members (CC) - File 9-2-24
6. Report on Annual Filings - Form 730,
Statements of Economic Interests for
Designated Employees (CC) - File 9-4-3
7. Claims for Damages:
a. James Finnegan (PW) - File 3-1-542
b. A. A. Carrico (PW) - File 3-1-56-3-
8.
- -
8. Marin Sanitary Service Rate Study (Fin) -
File 4-3-32
9. Resolution Revising Negative Declaration -
West Francisco Boulevard Extension
Project (PW) - File 175 x R-130
443
Accepted report re terms of Commissioners,
after drawing lots, are: Four years,
Commissioners Batman, Meyers & Simons, two
years, Commissioner Mardesich.
Accepted report that all filings were
received on time and have been verified for
completeness.
Approved R. L. Kautz Co. recommendations
for denial of claims.
Accepted report and referred it to Finance
Director for review.
RESOLUTION NO. 6094 - CERTIFYING THE
REVISED NEGATIVE DECLARATION FOR THE
WEST FRANCISCO BOULEVARD EXTENSION
PROJECT
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
4. REDEVELOPMENT AGENCY ANNUAL REPORT (RA) - File 140
Council accepted report, with the deletion of Legislative Recommendation No. 1, regarding the
enacting of EIR exemptions for low and moderate income housing.
10. COMMUNITY ART PROJECT USING BUCK GRANT FUNDS (Rec) - File 9-2-24
Council reviewed a request from Inter -Arts of Marin, asking the City's support of a "Public
Arts Projects" program whereby works of art would be placed throughout the City, done by local
artists. Inter -Arts is applying for Buck Grant funding, and is asking communities for a
minimum of 25% in-kind participation.
Councilmember Breiner moved and Councilmember Miskimen seconded, to refer the matter to the
Cultural Affairs Commission for review and recommendation.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
11. PUBLIC HEARING - PREZONINGS TO IMPLEMENT PEACOCK GAP NEIGHBORHOOD PLAN (PreZ81-5): FROM:
COUNTY RSP -4.0 (RESIDENTIAL SINGLE FAMILY PLANNED, 4 UNITS PER ACRE) DISTRICT, TO: CITY P -D
PLANNED DEVELOPMENT DISTRICT. KNOWN AS THE DOLE PROPERTY, EAST OF PT. SAN PEDRO ROAD AND
WEST OF McNEAR S BEACH COUNTY PARK, A 184-030-06, & ; &
AND
FROM: COUNTY A2 -B2 (LIMITED AGRICULTURE, 10 -,-MO MINIMUM LOT SIZE) DISTRICT, TO: CITY R1 -B2
T.
- F1 ie
Councilmember Miskimen left meeting, due to
conflict of interest.
Mayor Mulryan declared the public hearing opened.
Council reviewed a staff report, indicating that the prezoning is in conformance with the
Peacock Gap Neighborhood Plan, and that the San Marino Ct./Dole/MMWD properties constitute a
logical service area for annexation since the area is already within the San Rafael Sanitation
District. The report further stated that LAFCO requires prezoning prior to annexation proceed-
ings, and such prezoning is only effective upon annexation.
Attorney Dennis McQuaid representing Murphy/Pulice & Associates (Dole property), stated that
his clients oppose the annexation. Mr. Heinz Dreier of 6 San Marino Court spoke in favor of
the annexation.
There being no further public input the public hearing was closed.
Councilmember Breiner moved and Councilmember Jensen seconded, to find the EIR for AP's
184-030-06, 07, 08 & 10; AP 184-030-15; and AP's 184-121-01 thru 07, adequate.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
An Ordinance of the City of San Rafael, Prezoning Certain Real Property from the County of
Marin Zone RSP -4.0 (Residential Single Family Planned District, 4 Units per Acre) to a P -D
(Planned Development) District, and other Certain Real Property from the County of Marin Zone
A2 -B2 (Limited Agriculture, 10,000 Square Foot Minimum Lot Size) to R1 -B2 (Residential Single
Family, 10,000 Square Foot Minimum Lot Size) District (Dole/San Marino Ct./MMWD Properties),
and numbering Charter Ordinance No. 1393, was read, introduced and ordered passed to print by
the following vote, to wit:
444
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
(Councilmember Miskimen returned to meeting)
12. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-66, TWO OFFICE & MULTIPURPOSE
BUILDINGS; THORNA E DRIVE - QUAIL IL ; QUAIL HILL, INC., OWNER; MARQUIS ASSOC., REP.;
- vi ie iu-
Mayor Mulryan declared the public hearing opended.
Planning Director Moore reviewed the chronological sequence of actions regarding this project,
beginning with March 1966 when approval was first requested by Draper Development, Inc., for
rezoning of Quail Hill and master plan approval for 216 townhouse units, 34 single family
residences, and one acre of administrative/professional office use.
On September 23, 1980 proposed expansions of Quail Hill offices were presented to the Planning
Commission at a public hearing for environmental review, and the Commission determined that a
focused EIR was required. The application fees were paid on September 24, 1980 and the
proposed applications were deemed complete on October 22, 1980. The applicant then appealed
the Commission's decision to require a focused EIR.
The applicant is now appealing additional environmental review, stating that Quail Hill, Inc.
has faithfully pursued prior approvals granted by the City and should be exempt from the
Northgate Activity Center Plan and grandfathered by various provisions in the administrative
guidelines of the California Environmental Quality Act.
Attorney Joseph Lemon, representing Quail Hill, Inc., repeated the views as outlined by staff,
and stated that since their new plans are scaled down from the original ones he felt they
should be permitted to proceed. Mr. Lemon also asked for a grading permit since the developer
has a firm waiting to take the soil for fill, but the grading would have to commence within a
few days.
Mrs. Mary Conte of Terra Linda informed the Council that ten years ago when the project was first
approved things were very different in that area, and in her opinion the present Planning Commis-
sion and City Council are not responsible for the decisions made ten years ago. She also ex-
pressed the opinion that there would be considerable impact on the area if further build -out is
permitted on Quail Hill.
Council deferred action on the request for a grading permit, and continued public hearing to
May 18, 1981; staff to look into grandfather provisions.
PUBLIC TIME
File 2-11
Mr. Willis Kolb, a Chronicle distributor, addressed the Council in connection with enforcement
of Ordinance No. 1207, which prohibits "hawking" of newspapers. He stated that his people,
after seeing East Bay Today vendors hawking papers, began doing so and were promptly stopped
by the Police Department.
After discussion, the Council referred the matter to City Attorney Duggan to report back at
the May 18, 1981 meeting on any legal implications regarding enforcement of Ordinance No. 1207.
13. REQUEST RE APPROVAL OF MATCHING FUNDS FOR TECHNICAL ASSISTANCE GRANT PROPOSAL FROM SAN FRANCISCO
FOUNDATION FOR PICKLEWEED PARK COMMUNIT CENTER Rec - File 2-1-55
Council reviewed a staff request that the City approve matching funds in the amount of $22,500
for Phase One of the Pickleweed Park Community Building and Capital Improvements project grant
request to the San Francisco Foundation. This phase covers technical assistance by Milton
Chambers, AIA, including technical services, cost analysis and developing use plans. Phase
Two will include the actual construction.
RESOLUTION NO. 6095 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Francisco
Foundation agreeing to appropriate $22,500 as matching monies for
Technical Assistance for Community Center Building at Pickleweed Park)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
The Council then heard Item No. 20, as a courtesy to Mr. Vernon Nicholson.
20. RECOMMENDATION OF PARK & RECREATION COMMISSION AND STAFF FOR SAN RAFAEL CANDIDATE FOR SENIOR
CITIZEN OF THE YEAR AWARD Rec - File 9-2-4
Councilmember Jensen moved and Councilmember Miskimen seconded, to adopt a Resolution nominat-
ing Vernon Nicholson as San Rafael's candidate for Marin County Outstanding Senior Citizen of
the Year.
RESOLUTION NO. 6096 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/Marin Senior
Coordinating Council nominating Vernon Nicholson as San Rafael's Candi-
date for Marin County Senior Citizen of the year)
445
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
14. PRESENTATION OF DRAFT HOUSING ELEMENT BY CITIZENS' ADVISORY COMMITTEE (P1) -
File -- x --
Council discussed the Citizens' Advisory Committee recommended revised Housing Element.
Mr. Peter Frobenius, owner of the San Rafael Nursery at 1580 Lincoln Avenue, addressed the
Council and stated tht his property should not be on the list of vacant, abandoned or burned
down properties which are earmarked for low income housing. He stated that he has an ongoing
business, which his sons will eventually be running also, and asked that his business location
be removed from the list. A quorum of CAC members being present, they voted unanimously to
remove the San Rafael Nursery from the list.
The Council noted a letter from CAC member Jack Ryan, who stated that in the many hours of
diligent work by the Committee there has not been uniformity or unanimity of opinion throughout
the deliberations.
Council then agreed to refer the report to the Planning Commission for review at their May 12,
1981 meeting, with the possibility of their conducting public hearings on May 26/27th, after
which the Commission is to make recommendations to the Council. Council requested that the
original draft be returned at that time, to facilitate their checking the revisions.
15. REVIEW OF URBAN THOROUGHFARE AGREEMENT - COUNTY OF MARIN (PW) - File 4-13-8
Council reviewed a staff report indicating that the County is considering amending the existing
Urban Thoroughfare Agreement, to change the percentage of County gas tax monies set aside for
this program from 50% annually to a range of 0% to 50% determined annually by the County Board
of Supervisors. This year the amount in the fund was approximately $140,000, and any reduction
in the funding level would result in an allocation which is too small to fund any worthwhile
project. For this reason, staff has prepared a Resolution, requesting the County Board of
Supervisors to extend the existing Urban Thoroughfare Agreement without modification, and
recommends that the Council adopt the Resolution.
RESOLUTION NO. 6097 - REQUESTING THE COUNTY OF MARIN BOARD OF SUPERVISORS TO EXTEND THE
EXISTING URBAN THOROUGHFARE AGREEMENT WITHOUT MODIFICATION
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
16. AMENDMENT TO ORDINANCE NO. 1344, "SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS" (CA) - File 13-4
Council considered a staff report recommending deletion of the sentence, "The 'service line'
or 'service counter' provisions shall not apply to restaurants." from Section 8.14.020(1) of
the Municipal Code. This change would add the prohibition against smoking in all restaurant
service lines in addition to the posted dining area.
An Ordinance of the City of San Rafael, Amending Ordinance No. 1344 "Smoking Prohibited in
Certain Public Areas" by Deleting the last Sentence of Section 8.14.020(1), and numbering
Charter Ordinance No. 1394, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
17. REQUEST FROM CHAMBER OF COMMERCE RE USE OF SIDEWALK SPACE FOR "SIDEWALK SPECTACULAR" (CM) -
e
Council reviewed a request from the Business Improvement District Committee of the San Rafael
Chamber of Commerce, that it be allowed to use sidewalk space beginning four feet back from
the curb in front of the business establishments in downtown Fourth Street, in connection with
a "Sidewalk Spectacular" on Saturday, July 11, 1981. The plan is for tables to be set up for
demonstrations, free samples, selected merchandise and food products for sale in front of
stores and restaurants.
Staff recommended that Council support this one -day event by exempting the BID from the require-
ments of individual use permits and encroachment permits, stating that staff can work with the
BID Committee on ways to reduce congestion and potential liability.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the request of the
BID Committee for use of sidewalk space on July 11th as specified, and to exempt the BID from
use permit and encroachment permit requirements.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
446
18. DISCUSSION RE ENFORCEMENT OF MOBILE HOME PARKS ACT (PW) - File 13-7-1 x 9-2-29
Acting Public Works Director Bernardi informed the Council that his office was contacted
recently by the State of California Department of Housing and Community Development with
regard to the City's inspections of its two mobile home parks (Contempo Marin and B -Bar -A).
The State was concerned with the issuance of annual operating permits, and the performance and
followup on the annual inspections made by the City's inspectors as required by law. The City
has been pre-empted by State Law in issuing building permits for any work done in the coach
itself, only being permitted to issue building permits for ancillary structures such as decks,
carports and awnings. The State issues permits for any work done on or in the coach itself
and also performs the inspections.
Accordingly, staff is recommending adoption of a Resolution cancelling enforcement responsi-
bility on the part of City of San Rafael for the Mobile Home Parks Act and related California
Administrative Code requirements.
RESOLUTION NO. 6098 - CANCELLING ENFORCEMENT RESPONSIBILITY FOR THE MOBILE HOME PARKS ACT AND
RELATED CALIFORNIA ADMINISTRATIVE CODE REQUIREMENTS IN THE CITY OF
SAN RAFAEL
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
Councilmember Miskimen informed the Council that he had received a letter from a Contempo-Marin
resident, objecting to the fact that the mobile home park has been made an "adults only" park,
with restriction against anyone under 18 years of age. Staff was asked to refer this question
to the Mobile Home Park Advisory Committee.
19. APPROVAL OF FUNDING REQUEST TO SAN FRANCISCO FOUNDATION FOR MAJOR CRIMES TASK FORCE (CM) -
i e 4-10-=
City Manager Beyer submitted a proposal for five-year funding from the San Francisco Foundation
for the Marin County Major Crimes Task Force beyond August 1981, when LEAA funding terminates.
The Major Crimes Task Force Oversight Committee is recommending that the City Council consider
adopting the proposal, in concept, in order to allow the Oversight Committee, on behalf of the
cities and the County, to submit the proposed application to the San Francisco Foundation.
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve, in concept, the
filing of a five-year application for funding of the Major Crimes Task Force to the San
Francisco Foundation.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
21. DISCUSSION OF POSITION OF ELECTED CITY ATTORNEY - File 9-4 x 9-3-16
Mayor Mulryan informed the Council that the matter for discussion is whether the Council
wishes to put before the voters the question of having the City Attorney position appointive
rather than elective. Mayor Mulryan stated that, if the measure is successful, a blue ribbon
group should be established to help in the selection of a City Attorney to assure high quality
and to avoid any suggestion of personalities entering into the selection.
After further discussion, it was agreed that the measure would be placed on the ballot for the
November 1981 election, and that staff should bring back the precise ballot wording at the
May 18, 1981 meeting.
City Attorney Duggan asked that the Council not make any decisions on this matter until
Councilmember Nixon returns and a full Council is present.
ADD ITEM
PESTICIDE PROGRAM - File 9-3-40
Councilmember Breiner requested that staff give a full report on the City's pesticide program -
locations, conditions and costs - within the next month.
CLOSED SESSION
The Council adjourned to Closed Session to discuss labor negotiations, personnel matters and
pending litigation.
Council then reconvened in public session and unanimously appointed David M. Bernardi as
Director of Public Works/City Engineer effective May 5, 1981. (Councilmember Nixon absent.)
447
Council then adjourned to a special joint meeting with the Planning Commission on the Northgate
Activity Center Plan, at 8:00 PM on Wednesday, May 13, 1981.
J�-ct.�n.ws_
A M. EO N C , City C I er
APPROVED THIS /8 -Al DAY OF 1981
MAYC.
OR OF THE CITY OF SAN RA EL
In the Council Chambers of the City of San Rafael, Wednesday, May 13, 1981, at 8:00 PM.
Special Joint Meeting:
San Rafael City Council,
San Rafael Planning Commission
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Absent: Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Present: Richard M. Norman, Chairman
Cecilia B. Bridges, Commissioner
John Galbraith, Commissioner
Clifford S. Lund, Commissioner
Albert J. Boro, Commissioner
Absent: Michael J. Smith, Commissioner
John A. Starkweather, Commissioner
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: PUBLIC HEARING ON NORTHGATE ACTIVITY CENTER PLAN (P1) - File 10-2
Mayor Mulryan declared the public hearing opened. He then announced that no decisions will be
made at this meeting, since three Councilmembers are absent and there is not a quorum. He
stated that all aspects of the staff report will be discussed and the public hearing will be
contined to the next regular Council meeting on Monday, May 18, 1981.
Before calling on Planning Director Moore for a summary of the staff report, Mayor Mulryan
remarked that staff is recommending that the private developers be assessed for 100% of the
traffic improvements which are being considered.
Planning Director Moore then summarized the staff report, stating that copies of the report
were mailed to all who are on the Northgate Activity Center mailing list. Ms. Moore first
gave a brief history of previous City actions, citing the circulation improvements which were
approved in concept at the joint Council/Planning Commission meeting on April 8, 1981: 1)
Signalization and channelization of the Freitas overpass; 2) Construction of a new overpass at
northerly Merrydale Road (north of the cemetary); 3) Addition of a direct southbound offramp
and a loop southbound onramp at the Lucas Valley road interchange (no widening of the under -
crossing but closure of the existing southbound offramp); and 4) Improvement of the North San
Pedro Road interchange (signalization of the northbound onramp and North San Pedro Road,
widening northbound onramp, and widening the Merrydale/North San Pedro roads intersection).
She stated that the total traffic improvement package would cost approximately $11,000,000,
in 1981 dollars.
Other items covered in the staff report were Development Potential, Improvements Cost and
Construction Timing, Phasing of Development and Improvements, Cost Distribution and Funding
Options, and Processing and Environmental Review.
Mayor Mulryan noted that the principal item being discussed is traffic, and he asked Traffic
Engineer Gerth to define "Level D". Mr. Gerth replied that the levels are qualities of
measure, trying to relate to drivers and how they react. For instance, "Level A" is light
traffic with no congestion; "Level B" is more traffic but no congestion; "Level C" drivers
begin to feel constrained; "Level D", drivers feel the strain, being delayed for more than one
traffic light in some instances, and may seek an alternate route if one exists.
Mayor Mulryan noted that of the 19 intersections in the plan, only one requires major changes -
Las Gallinas Avenue & Northgate Drive. Mr. Gerth agreed, stating that Level D will be achieved
with all of the improvements as proposed in the staff report. Mayor Mulryan asked about peak
traffic periods and Mr. Gerth replied they are between 4 and 6 PM, or 4:30 and 6:30 PM.
The next subject discussed with staff was the phasing of developments and improvements, with
the balanced alternative concept of 52% office space, 30% retail, and 65% residential. Land
use classifications with their suggested contributions were outlined, for a total of $11,118,383.
Mr. Lew Pollock of 9 Knoll Way asked that agendas have more detail, since they do not give a true
picture of what is going to be discussed, and cited the fact that the Merrydale Road overcross-
ing is very important to his area and they know nothing about it. Mayor Mulryan assured him
that it is not our intention to deceive, and stated that Traffic Engineer George Gerth would
be glad to fill him in on details. Mr. Gerth stated that he will be happy to arrange a
meeting with Mr. Pollock and his neighbors to go over the proposal in detail.
Attorney Leland Jordan, representing the owners of the Smith Ranch properties, asked that his
clients' properties not be held in abeyance as is suggested in the plan, awaiting other
smaller developments, since they have already waited so long to commence development. Also,
his clients feel that the cost of the traffic improvements should be borne by other areas of
the community and not just by the present developers.
Mr. Jerome Kuykendall of 23 Elda Drive in the Terra Linda area, expressed his concern over
Level C, stating that the average overall speed for that level drops to about 20 MPH, and with
Level D it goes about 15 MPH and a driver may sit through two siganl changes. He also expressed
concern about the proposed expansion of Kaiser Hospital.
Mr. Don Brown, developer and builder, who is hoping to build condos on Channing Way, discussed
trip generation. He said his 18 units have been cut to 5 units, and cited that the 2 1/2
parking stalls should be cut to 1 1/2 parking stalls, which would permit him to build more
units. He stated it will not be economically feasible to build only 5 units.
Mr. Bob Crockett of CalTrans stated that the three or four years which CalTrans takes for
projects is the result of certain processes which must be followed to preserve the integrity
of the system. He stated that the required EIR's benefit not only the local areas, but the
State-wide system.
Mr. Dick Dorr of McKeon Construction asked if the proposed assessment of $1,700 per unit for
housing could be cut, and Planning Director Moore stated it could not be cut, but could go up.
Mr. Dorr then suggested the City try to negotiate with CalTrans to get them to speed up their
procedures to alleviate the traffic problems sooner.
Mrs. Marie sessi of Los Ranchitos area stated that she supported a combination housing and
commercial development, and suggested that the proposed plan should include mention of people
using bicycles for transportation which would greatly alleviate the traffic problems.
Mr. Ron Marinoff spoke on behalf of the Lucas Valley Homeowners' Association, and mentioned
the proposed expansion of the Northgate Mall area, stating that it would generate more traffic.
Mr. Tom O'Toole of 66 Junipero Serra, stated he feels that taxing just a few developers is not
fair.
Mr. Douglas Colbert, representing most of the Terra Linda Valley homeowners' associations,
asked that the Council consider the residents who are going to have to tolerate the consequences
of the buildout which is permitted, and the traffic modifications also. He feels that traffic
improvements should be made prior to any construction, and that the traffic level should be
kept at "C" and never allowed to go to "D".
There being no further public input, the public hearing was continued to May 18, 1981.
Councilmember Breiner stated that she was concerned about the Level of Service at Smith Ranch
Road intersections, and asked that staff indicate which intersections would be at Level D
and/or E under the entire proposed Plan.
Mayor Mulryan urged the Planning Commission to attend the Council meeting on Monday, May 18,
1981, and stated his concern that the retail base be protected.
The City Council adjourned to their next regular meeting on Monday, May 18, 1981, at 8:00 PM.
(5/ANNE M. EONC N , Ctty C erk
APPROVED THIS (� DAY OF 1981
MAYOR OF THE CITY OF AN RA EL
In the Council Chambers of the City of San Rafael, Monday, May 18, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the recommended action
on the following consent calendar items:
Item
1. Approval of Minutes of May 4, 1981
Regular Meeting (CC)
2. Extension of Building Pemit for
Ferro Project from April 21, 1981
to July 21, 1981 (RA) - File R-77
3. Resolution Thanking Agencies for
Contributions to Gamefield Senior
Citizen Exercise Course at Albert
Park (Rec) - File 102
4. Resolution Designating June as Parks
and Recreation Month (Red - File 104
Recommended Action
Approved as submitted.
Approved staff recommendation re extension
of building permit to July 21, 1981.
RESOLUTION NO. 6099 - THANKING WELLS FARGO
BANK, SAN FRANCISCO FOUNDATION, OLDER ADULTS
FITNESS COUNCIL OF NURSING DYNAMICS, SAN
RAFAEL GOLDENAIRES AND THE MARIN CHAPTER
OF DE MOLAY FOR THEIR CONTRIBUTIONS IN
CONSTRUCTING A SENIOR CITIZEN EXERCISE
COURSE IN SAN RAFAEL
RESOLUTION NO. 6100 - DESIGNATING JUNE AS
PARKS AND RECREATION MONTH
6. New Representative to Mobile Home
Approved
staff recommendation that
Rosemary
Park Advisory Committee
(CM) -
Boch be
appointed to the
Committee,
re -
File 9-2-29
placing
Peter Brandelius
as tenant
repre-
sentative
from the B Bar
A Trailer
Ranch.
AYES: COUNCILMEMBERS:
Breiner,
Jensen, Miskimen & Mayor
Mulryan
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Nixon
5. CLAIM FOR DAMAGES - CALIFORNIA
STATE AUTOMOBILE ASSOCIATION
(JOHN P. RYAN)
(PD) - File
3-1-566
Councilmember Jensen stated he wished to discuss this item, and was advised by Assistant City
Attorney Bullard that discussion regarding a claim should be in Closed Session. However, Mr.
Jensen replied that his question was regarding the absence of a Highway Patrol report in his
packet, which he felt should have been included since the claim involved Police Chief Benaderet.
City Manager Beyer was asked to follow up on this and have the necessary documentation at the
June 1, 1981 meeting.
7. PUBLIC HEARING - NORTHGATE ACTIVITY CENTER DISCUSSION PAPER (P1) - File 10-2
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefly described the various items to be discussed and hopefully
decided upon. One was the declaration of a policy regarding expansion of the Northgate Mall.
Another was to decide whether smaller projects within the Northgate Activity Center may be
processed immediately with Negative Declarations and collection of the mitigation fees, and to
require EIR's for the larger projects which will have more impact on the area. Staff had also
been requested to develop information on land use designations and development intensities
consistent with a traffic Level of Service D, and the circulation improvements endorsed in
concept by the City Council and Planning Commission at their joint meeting on April 8, 1981.
Hopefully, with the information now developed the City Council may be in a position to end the
processing moratorium and take action on specific development proposals.
The Council then discussed the possibility of CalTrans paying for the Lucas Valley Road and
Freitas Parkway interchanges and the Merrydale Road overpass, thus cutting down the cost for
developers.
Mr. Herbert Neinstadt of Marin Property Owners read a letter requesting that the City not
delay or phase developments according to the schedules being considered, because the criteria
for determining development potential or phasing should not be a two or three hour period in
the afternoon traffic. Also, the organization stated that new developments should not pay all
traffic mitigation costs for the area, and that commercial developments should be restricted
to the extent indicated.
450
Attorney Joseph Lemon, representing Commerce Clearing House on Quail Hill, stated that Quail
Hill does not add to any traffic problems in the Northgate area, and that the traffic plan
being pursued is counter-productive. He stated that Commerce Clearing House has a traffic
peak load at 4:00 PM, in order to avoid adding to the Traffic load which occurs later.
Attorney Albert Bianchi spoke on behalf of Bell Savings & Loan and Pacific Coast Holding
Company regarding their plan for three office buildings off North San Pedro Road across from
the Civic Center, to be known as the E1 Marinero Office Plaza. The building at 30 North San
Pedro Road has already been constructed, and the developers are asking that they be permitted
to proceed with the other two upon payment of their fair share of the anticipated traffic
improvements.
Mr. Dean Davies, representing Equitec/Tiburon Properties, informed the Council that they had
first applied to Planning for their proposed development, Northgate East, in 1979. He stated
that the project would provide jobs for the area, and that they have already expended consider-
able funds. He further stated that a lawsuit has been filed to allow them to proceed with
their development.
Mr. Richard Barry, representing Shawn Wiltshire whose property is located between Highway 101
and Merrydale Road, stated that there has been no distinction made between development and
redevelopment. His client would like to tear down the old Wiltshire Towers building and
develop there, citing that part of his property contains the gasoline car wash and restaurant.
Planning Director Moore stated that part of the conditions for the Sizzler restaurant permit
was that the motel building would be demolished, and that additionally the Sizzler was approved
partly due to its being a replacement use for Wiltshire Towers.
Mr. Robert Becker, developer of Victorian Glen condominiums, stated they would be willing to
pay their fair share of the fees and would like to be considered for exemption from the mora-
torium. He presented a letter regarding his proposed development and Planning Director Moore
was asked to meet with Mr. Becker and report to the Council at the meeting of June 1, 1981.
Mr. Jerry Russom, 97 Upper Oak Drive, stated he felt it would be wise to have strong assurance
regarding CalTrans' willingness to contribute toward the traffic mitigation measures before
proceeding with the development.
Mr. Dennis Neeley, representing Glendale Federal Savings, asked that developments be considered
parcel by parcel. He stated his company has reduced their square footage to 16,000 feet, and
their traffic impact would be insignificant - only about four cars per hour during the peak
periods.
Mr. Ron Marinoff of Lucas Valley Homeowners' Association expressed concern about acquisition
of the property for the southbound offramp at Lucas Valley Road interchange, and also wondered
about developers in the unincorporated area sharing the cost of the traffic improvements.
Mr. Gary Phillips of the Terra Linda Homeowners' Association asked that Level of Service D be
preserved and not go to E. He asked for a focused EIR for Quail Hill because of traffic
generation as well as visual effect. He also expressed concern that the "balanced alternative"
does not sufficiently maintain the character of the Terra Linda Valley which is primarily
residential.
There being no further public input the public hearing was closed.
Council then discussed directing staff to investigate State and Federal funding and timing, in
connection with the traffic mitigation measures involving Highway 101. They also discussed
endorsing Level of Service D and not allowing the level to get any worse than D. It was
agreed that if the balanced approach is endorsed, the residential numbers can always be
revised upward at a later date.
After further discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to
delete Items 1 and 4 from the list of Roadway Construction Projects - the Lucas Valley Road/
Los Gamos Road/Highway 101 Interchange, and the Merrydale Road Overcrossing - and transfer
them 100% to CalTrans.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
After a brief recess, the discussion continued.
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve staff recommenda-
tion that the following projects be referred to the Planning Commission on a Negative Declara-
tion basis: a) 99 Professional Center Parkway; b) 30 North San Pedro Road (E1 Marinero); & c)
Debra Homes at Smith Ranch Road, and that the projects be included in an EIR.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
Councilmember Jensen moved and Councilmember Miskimen seconded, to direct staff to work with
Glendale Federal Savings to modify their floor plan so it will be acceptable.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
45.1
8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-66, TWO OFFICE & MULTIPURPOSE
BUILDINGS: THORNDALE DRIVE - QUAIL HILL; QUAIL HILL, INC., OWNER; MARQUIS ASSOC., REP.;
-JbU-U4 & Ub vi) - v i l e lU-
Mayor Mulryan declared the public hearing opened.
Assistant City Attorney Bullard was asked for an opinion on the appellant's claim of exemption
from environmental review and environmental mitigation requirements due to grandfathered rights,
and also on their claim that the project has vested rights and is entitled to proceed since
substantial work has been performed pursuant to earlier City approvals.
Mr. Bullard stated that he does not agree that the appellant has vested rights, and feels that
the project is subject to environmental review. Unless Council feels that the developer is
outside any environmental impacts of the entire area, the developer must wait for the EIR for
the entire project.
Traffic Engineer Gerth, on questioning regarding traffic, stated that the intersections
impacted by the project are not only Las Gallinas and Del Presidio, but also Freitas Parkway,
as well as Northgate Drive.
Attorney Joseph Lemon, representing Quail Hill, cited prior approvals made as long ago as
1972, and feels that they should be binding on this Council. He stated that he and the
developer will meet at any time with City representatives to get the matter resolved. Also
discussed was the payment of $100,000 in mitigation fees for upgrading of the traffic signals
at Las Gallinas Avenue & Northgate Drive. Mr. Lemon indicated the developer would be agreeable
to this fee.
Mrs. Mary Conte, a Terra Linda resident, urged the Council to make their judgment on today's
circumstances and conditions rather than on prior approval made so many years ago.
Mr. Jerry Russom, a Twelveoak Hill resident, stated his opinion is that this issue is totally
tied in with the Northgate Activity Center Plan, and can have a dramatic impact on northern
San Rafael. He further stated that this City Council halted the haphazard development in
Northgate and he urged that they uphold the Planning Commission and require the EIR process
for Quail Hill.
Mr. John Levinson, who lives on condor court in a ridgeline development above the Commerce
Clearing House, stated that he is looking forward to further development on Quail Hill which
has the approval of the homeowners of the townhouses.
Mr. Lemon stated that he believes that the developer needs only one approval, and that is the
appearance of the building. He stated that they can build their project, which fits the
General Plan perfectly.
Mrs. Anise Turina, a Terra Linda resident and Chairman of the CAC on the Housing Element,
stated that she agrees with Mr. Levinson, and that she never sees cars going up and down Quail
Hill and cannot believe that traffic is a problem.
Mr. Richard Duncan, president, Quail Hill, Inc., stated that the only homeowners group impacted
by his project is the townhouse association on Quail Hill, and he questioned other homeowners
in the Terra Linda Valley having a right to object.
There being no further public input, the public portion of the hearing was closed.
After discussion Councilmember Breiner moved and Mayor Mulryan seconded, to uphold CEQA and
require that the project proceed under the EIR for the Northgate Activity Center Plan.
Under question, Councilmember Miskimen asked about a building at the corner of Las Gallinas
Avenue and Northgate Drive, which he had seen on various maps. Mr. Lemon replied that Quail
Hill has no intention at this time of putting a building at that corner, but they reserve the
right to do so, possibly for a senior citizens' housing project, which would have no traffic
impact.
AYES: COUNCILMEMBERS: Breiner & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen & Miskimen
ABSENT: COUNCILMEMBERS: Nixon
Motion failed.
Councilmember Jensen moved and Councilmember Miskimen seconded, to certify a Negative Declara-
tion and sustain the appeal.
AYES: COUNCILMEMBERS: Jensen & Miskimen
NOES: COUNCILMEMBERS: Breiner & Mayor Mulryan
ABSENT: COUNCILMEMBERS: Nixon
Motion failed.
Council then agreed that Councilmembers Miskimen and Nixon will meet with Mr. Richard Duncan.
Mayor Mulryan then continued the public hearing to June 1, 1981, for a full Council to be
present.
452
9. REPORT FROM CITY ATTORNEY RE PROVISIONS COVERING ENFORCEMENT OF ORDINANCE NO. 1207, PERTAINING
TO NEWSPAPER HAWKING CA - File 2-11
This item was deferred to the June 1, 1981 meeting, at the request of Mr. Willis Kolb, Chroni-
cle distributor.
10. RESOLUTIONS RE APPROVAL OF 1401/1455 LOS GAMOS ROAD (P1) - File 10-8 x 10-7
This item was continued to the June 1, 1981 meeting, at the request of Attorney Albert Bianchi,
representing the developers, to enable him to meet with City Manager Beyer and staff regarding
the amount of their contribution toward traffic improvements, and consideration of the landscap-
ing of CalTrans land.
11. ACCEPTANCE OF ST. FRANCIS LANE RIGHT-OF-WAY (PW) - File 2-2
Councilmember Breiner left due to conflict of interest)
Council reviewed a staff report, recommending that the City accept a grant deed covering
Parcel C on St. Francis Lane, as offered by property owners Breiner and Gladstein. The
portion known as Parcel C was required for dedication in a 1956 subdivision approval. The
dedication was never completed and the City is under no obligation at this time to resurface
that portion of the roadway.
Staff is not recommending that the City take action at this time on Parcel D, since neither
the subdivision approval by the Planning Commission, nor the Subdivision Agreement, Plan or
Notice of Completion, pertain to this portion of St. Francis Lane. Staff recommends, however,
that should the property owners wish to improve Parcel D to acceptable standards the Council
should accept it. This would involve paving, installing drainage facilities to the satisfac-
tion of the City Engineer or execution of a hold harmless agreement absolving the City from
any liability due to inadequate drainage facilities.
Councilmember Jensen expressed his opinion that the street is too narrow for full usage as a
City street and that the drainage is a continuing problem.
Attorney Albert Bianchi informed the Council that the property owners are willing to bring
Parcel D up to City standards and take care of the drainage problems, and would also be
willing to execute a hold harmless agreement.
Councilmember Miskimen moved and Mayor Mulryan seconded, to compromise and accept Parcel C at
this time and Parcel D if and when it is brought up to City standards. Staff is to bring back
appropriate resolution regarding Parcel C for the June 1, 1981 meeting.
AYES: COUNCILMEMBERS: Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Nixon
ABSTAINED:COUNCILMEMBERS: Breiner
(Councilmember Miskimen left meeting)
12. REPORT ON THIRD STREET TRAFFIC SAFETY CONTROL MEASURES (PW) - File 11-10
Council accepted a staff report, indicating that traffic conditions along Third Street have
improved considerably, and that the improvement can be attributed to changes in signal timing
and increased traffic enforcement. Additional improvement is expected with installation of
traffic signal mast arms scheduled for this year. Staff recommended that the traffic enforce-
ment program continue and collision rates again be reviewed after the scheduled signal improve-
ments are in place. Council agreed with the recommendation.
13. REPORT ON CITY USE OF PESTICIDES (PW) - File 9-3-40
Council accepted a staff report, indicating the pesticides are being used only when necessary,
and then only by highly qualified personnel utilizing proper safety techniques.
(Councilmember Miskimen remained absent due to conflict of interest)
14. FINAL ADOPTION - ORDINANCE NO. 1393 - PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN
ZONE RSP -4.0 IRESIDENTIAL SINGLE FAMILY PLANNED DISTRICT, 4 UNITS PER ACRE) TO A P -D (PLANNED
DEVELOPMENT) DISTRICT, AND OTHER CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE A2 -B2
(LIMITED AGRICULTURE, SQUARE FOOT MINIMUM 0 SIZE O R1 -B2 (RESIDENTIAL S N E FAMILY
A E FOOT MINIMUM LOT SIZE) S R CT (Dole/San Marino Court/MMWD Properties)-
riie lbb x b -Z -bb
CHARTER ORDINANCE NO. 1393 - Prezoning Certain Real Property from the County of Marin Zone
RSP -4.0 (Residential Single Family Planned District, 4 Units per Acre) to a P -D (Planned
Development) District, and Other Certain Real Property from the County of Marin Zone A2 -B2
(Limited Agriculture, 10,000 Square Foot Minimum Lot Size) to R1 -B2 (Residential Single
Family, 10,000 Square Foot Minimum Lot Size) District (Dole/San Marino Court/MMWD Properties)
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ABSTAINED:COUNCILMEMBERS: Miskimen
15. FINAL ADOPTION - ORDINANCE NO. 1394 - AMENDING ORDINANCE NO. 1344 "SMOKING PROHIBITED IN CERTAIN
PUBLIC AREAS BY DELETING THE LAST SENTENCE OF SECTION 8.14.020(l) CA - File 13-4
453
CHARTER ORDINANCE NO. 1394 - Amending Ordinance No. 1344 "Smoking Prohibited in Certain Public
Areas" by deleting the Last Sentence of Section 8.14.020(1), was adopted as an Ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
(Councilmember Miskimen remained absent due to conflict of interest)
16. RESOLUTION OF APPLICATION TO MARIN LAFCO - DOLE/SAN MARINO COURT/MMWD ANNEXATION (P1) -
F1 e 166 x 5-2-85
RESOLUTION NO. 6101 - RESOLUTION OF APPLICATION TO THE MARIN LOCAL AGENCY FORMATION COMMISSION
IS MADE FOR AN ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT
(Dole/San Marino Court/MMWD Annexation)
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ABSTAINED:COUNCILMEMBERS: Miskimen
17. RESOLUTION OF APPLICATION TO MARIN LAFCO - ARNTZ OPEN SPACE ANNEXATION (CM) -
1 e 2-1-66 x b-2-82
RESOLUTION NO. 6102 - RESOLUTION OF APPLICATION TO THE MARIN LOCAL AGENCY FORMATION COMMISSION
IS MADE FOR ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT (Arntz
Open Space Annexation)
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
18. RESOLUTION OF APPLICATION TO MARIN LAFCO - NUNES OPEN SPACE, PARCEL E, ANNEXATION (CM) -
Pilo q-2-91
This item held over to June 1, 1981 meeting. City Manager Beyer was asked by Councilmember
Jensen to look into the cost of the present maintenance of the property by CSA 23, as compared
to savings in taxes if the City annexes the land.
19. BALLOT MEASURE RE CITY ATTORNEY POSITION BEING APPOINTIVE RATHER THAN ELECTIVE (CM) -
F1 e 9-4 x 9-3-16
This item held over to June 1, 1981 meeting, for a full Council to be present.
20. ORDINANCE AMENDING CHAPTER 10.76, COMMUNITY ANTENNA TELEVISION SYSTEMS FRANCHISES, OF THE
SAN RAFAEL MUNICIPAL CODE, BY ADDING SECTION , SANCTIONS FOR FAILURE TO REMEDY SERVICE
PROBLEMS CA - File - -
An Ordinance of the City of San Rafael, Amending Chapter 10.76, Community Antenna Television
Systems Franchises, of the San Rafael Municipal Code, by Adding Section 10.76.085, Sanctions
for Failure to Remedy Service Problems, and numbering Charter Ordinance No. 1395, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
(Councilmember Miskimen returned to meeting)
21. STATUS REPORT RE COUNTY URBAN SERVICE AREAS STUDY (P1) - File 191
Council reviewed a staff report indicating that Year Two of the Countywide Plan Update Program
includes completion of recommendations for Urban Service Areas within City Spheres of Influence.
County Planning staff is now suggesting to the Countywide Plan Advisory Committee a different
approach to this study which focuses on boundaries of the Spheres of Influence. The currently
suggested approach is generally responsive to the concerns City staff had about the earlier
Urban Service Areas study.
Councilmember Breiner informed the Council that she could not attend the May 20, 1981 meeting
to represent the City and generally endorse the County and LAFCo staff suggested approach for
Sphere of Influence Study and Implementation. Council agreed that Councilmember Miskimen will
attend the meeting.
22. REQUEST OF COMMUNITY SCHOOLS RE USE OF LOT 1 - BAHIA DE RAFAEL INDUSTRIAL PARK FOR COMMUNITY
GARDENS Rec - File 4--IT--5-2—
Council
- -
Council considered a staff report indicating that the Community Schools program in the Canal
area has requested permission to develop a community garden on a City -owned lot on Bellam
Boulevard, known as Lot #1 in the Bahia de Rafael Industrial Park, with the City paying for
water hookup, approximately $450; the ongoing water bill, approximately $45.00 per month; and
have Public Works scrape and clear a portion of the lot for a garden. Staff added that it
would also be necessary for a water line to be installed to run the water from the meter to
the garden.
454
Staff is recommending that the City approve the project only if the newly formed Canal Community
Project agrees to accept responsibility for the project and continues to develop the program;
or, if the City Council is supportive of the project and is willing to spend $7,000 to $10,000
preparing the site. The Recreation Department could absorb the ongoing administration respon-
sibilities with existing staff. Also, the Community Schools have acquired a $500 grant to
start the children's garden. These monies would help toward preparing the soil. There is a
possibility of getting some topsoil from Bahia Vista School, where they have excavated for the
new multipurpose room.
After discussion, City Manager Beyer was asked to write the Marin Municipal Water District
board members and state that the City will pay the $450.00 hookup fee under protest.
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve staff recommneda-
tions regarding the Community Gardens, excluding the $7,000 to $10,000 to prepare the site.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
23. CONSIDERATION OF PROPOSED SCHEDULE FOR BUDGET HEARINGS (CM) - File 8-5
Council accepted the preliminary budget from City Manager Beyer, and set June 8 and 9, 1981,
and June 10th if needed, for the Budget Hearings. Meetings will commence at 7:30 PM. Council
approved the recommended schedule of hearings for the various departments.
ADD ITEM
PACIFIC TELEPHONE REQUEST FOR RATE INCREASE - File 121 x 9-11-5
Councilmember Jensen suggested that the Council protest the requested rate increase by Pacific
Telephone, who will be appearing before the Public utilities Commission in May and July.
Council asked Assistant City Attorney Bullard to draft a Resolution of protest and bring it
back to the June 1, 1981 meeting.
The City Council cancelled the Closed Session for discussion of pending litigation and labor
negotiations, and adjourned to their next regular meeting on June 1, 1981.
J ANNE M. LEONCIN , City Clerk
APPROVED THISDAY OF 1981
f
-
AYOR OF THE CITNF'_IA�IAEL
In the Council Chambers of the City of San Rafael, Monday, June 1, 1981, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARD - File 104-1
Mr. Rex Silvernale, on behalf of the San Rafael Centennial Committee, presented this year's
service award to William Granados, 17 -year-old Junior at San Rafael High School, for his many
volunteer activities in the community. Other students who received certificates were: Dean
Krieger, Christopher Cul hane, Sherry Johnson, David Pohl, Melissa Green, Donna Schuck, Mary
Petrofsky, Thomas Schmitt, Linda Gregory, Christine Smith, Robin Rittenhouse and Cary Canfield.
All students were present except Donna Schuck, who could not remain for the ceremony due to a
previous commitment.
CONSENT CALENDAR
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action
on the following consent calendar items:
Item
2. Approval of Minutes of Special Joint
Meeting of May 13, 1981 (CC)
3. Report on Revenue Sharing Hearing
(Fin) - File 8-9
4. Extension of Time - Weissensee/
Middagh Land Division (Makin Grade)
(PW) - File 5-1-249
5. Engineering Services for Andersen
Drive Extension Project (PW) -
File 4-3-79
6. Approval of Lease of Office Space
at 1313 Fifth Avenue by Redevelopment
Agency (RA) - File 4-16-3 x R-167
7. Resolution of the City Council
Protesting Rate Increase of PT&T (CA) -
File 121 x 9-11-5
455
Recommended Action
Approved as submitted.
Accepted report re Administrative Public
Hearing on May 21, 1981, and set the second
public hearing as required by Federal Law
for June 9, 1981 at 7:30 PM.
RESOLUTION NO. 6103 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENT WORK IN THE
WEISSENSEE/MIDDAGH LAND DIVISION (Final
date October 1, 1981, last extension.
Subject to written consent of continuance
by developer's surety company to guarantee
completion of improvements.)
Rescheduled to June 15, 1981, at request
of staff.
RESOLUTION NO. 6104 - PROVIDING FOR THE
LEASE OF PUBLIC REAL PROPERTY AT 1313
FIFTH AVENUE TO THE SAN RAFAEL REDEVELOP-
MENT AGENCY (June 1, 1981, through
December 31, 1981, at $730/Mo., with
option to extend term of lease for addi-
tional six months.)
RESOLUTION NO. 6105 - PROTESTING PROPOSED
RATE INCREASE OF PACIFIC TELEPHONE,
CPUC O.I.I. NO. 84
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED:COUNCILMEMBERS: Jensen, Miskimen & Nixon, abstained from voting on approval of
minutes of May 13, 1981 meeting only, due to absence from meeting.
8. AMENDMENTS TO THE CITY OF SAN RAFAEL ENVIRONMENTAL ASSESSMENT PROCEDURES MANUAL (P1) -
Fi e -
Council agreed to hold a joint public hearing with Redevelopment Agency on July 6, 1981. This
decision was made to give an opportunity for public input. Staff was asked to mark the
changes to enable the Council to summarize them.
9. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-66, TWO OFFICE & MULTIPURPOSE
BUILDINGS; THORNDALE DRIVE - QUAIL HILL; QUAIL HILL, INC., OWNER; MARQUIS ASSOC., REP.;
AP 175-360-04 & 0 P1 - File -
Mayor Mulryan declared the public hearing opened.
Councilmembers Miskimen and Nixon reported on their meetings with representatives of Quail
Hill, including Mr. Richard Duncan, President. Mr. Nixon indicated he informed them that City
could not exempt them from CEQA. They discussed going with an EIR or a negative declaration,
with a series of mitigations, including traffic, to be agreed to in advance; however, nothing
was resolved. It was suggested that Committee meet again. Staff to prepare list quantifying
mitigation measures already built into project at request of City staff; list to be ready for
review on June 8th.
Attorney Joseph Lemon, representing Quail Hill, asked to be furnished a copy of the list as
soon as it is distributed.
There being no further public input the public hearing was continued to June 15, 1981.
10. DISCUSSION OF FAMILY PARK - CONTEMPO-MARIN (CA) - File 13-7-1
Council considered a file of letters from residents of Contempo-Marin protesting the change
from family to adults only policy. They indicated the resulting hardships as a result, and
asked the City to intervene.
Assistant City Attorney Bullard advised the Council that since he was asked to investigate the
propriety of an ordinance prohibiting policies against tenants with minor children he has
checked with other cities around the State. Several of them had enacted such ordinances;
however, the validity of one such ordinance has been challenged and is pending before the
Supreme Court. For this reason Mr. Bullard stated that it might be advisable for the City to
await the determination by the Supreme Court before embarking upon the adoption of such an
ordinance.
Council then heard from residents of Contempo-Marin, both those with families who wish to
remain there but have been given notice to vacate, and from adults who favor the adult park
concept. One resident asked the Council to take action to correct the ban on guest parking in
front of the homes, which results in costly tow -away if friends visit for even short periods.
456
After discussion, Council agreed to discuss the present ordinance governing mobile homes, and
its implications, in closed session. Meanwhile, the Mobile Home Park Advisory Committee is to
be asked to address the complaints by residents.
11. RESOLUTIONS RE APPROVAL OF 1401/1455 LOS GAMOS ROAD (P1) - File 10-8 x 10-7
RESOLUTION NO. 6106 - CERTIFYING A NEGATIVE DECLARATION FOR ED80-8 AND s80-6; TWO PROFESSIONAL
OFFICE BUILDINGS AT 1401/1455 LOS GAMOS ROAD (AP 165-010-29)
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6107 - APPROVING ED80-8 AND s80-6; TWO PROFESSIONAL OFFICE BUILDINGS, TWO -LOT
SUBDIVISION; 1401/1455 LOS GAMOS ROAD (AP 165-010-29) (Amended to omit
mitigation amt.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. ENFORCEMENT OF ORDINANCE NO. 1207 - HAWKING BY NEWSPAPER VENDORS (CA) - File 2-11
Item continued to June 15, 1981 meeting at request of Mr. Willis Kolb, Chronicle distributor,
whose attorney has not had time to prepare his report.
13. GRANT DEED FOR STREET RIGHT-OF-WAY - ST. FRANCIS LANE (PW) - File 2-2
Counci mem er Breiner-Te--ft—due to conflict of interest)
Council reviewed their action at the May 18, 1981 meeting, at which time they directed staff
to prepare a resolution accepting a grant deed for Parcel C, St. Francis Lane, as public right-
of-way. No action is to be taken at this time on Parcel D, which will be considered if and when
the adjacent property owners bring that portion of the street up to City standards. This item
had been continued from the May 18, 1981 meeting.
RESOLUTION NO. 6108 - ACCEPTING CONVEYANCE OF PORTION OF ST. FRANCIS LANE RIGHT-OF-WAY
(Parcel C)
AYES: COUNCILMEMBERS: Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner
(Councilmember Breiner returned to meeting)
14. CONSIDERATION OF AGREEMENT RE CSA 19 (Fin) - File 4-13-37
Council considered a staff report indicating that the agreement with Marin County for fire
protection services with CSA 19 will expire on June 30, 1981, and the proposed contract will
extend the period another five years subject to the voters authorizing additional financing at
the November 1981 election. If funding is provided, the agreement will terminate June 30,
1986.
City Manager Beyer informed the Council that the County will be deleting the Dillingham
property and San Quentin Village from the agreement, and recommend that the agreement be
approved with that amendment.
RESOLUTION NO. 6109 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/County of
Marin and CSA 19 for Fire Protection Services In and Around County
Service Area 19 (To June 30, 1986, if funding approved by voters in
November 1981 election)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. REPORT ON STATUS OF LITCHFIELD SIGN (CA) - File 125
Council reviewed a report from City Attorney Duggan indicating that no recent action has been
taken regarding the Litchfield sign abatement litigation, due to press of other business. Mr.
Duggan was asked by Mayor Mulryan to pursue the matter as early as possible.
16. RESOLUTIONS IMPLEMENTING ACTION ON NORTHGATE ACTIVITY CENTER (P1) - File 10-2
Council briefly discussed the actions being taken as a result of the public hearings on
Northgate Activity Center Plan.
RESOLUTION NO. 6110 - SPECIFYING THAT CERTAIN IMPROVEMENTS TO THE TERRA LINDA AND LUCAS VALLEY
INTERCHANGES ARE THE RESPONSIBILITY OF THE STATE OF CALIFORNIA
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
457
RESOLUTION NO. 6111 - REQUESTING THAT THE COUNTY OF MARIN IMPLEMENT TRAFFIC MITIGATION FEES
FOR DEVELOPMENT IN THE UNINCORPORATED AREA TO BE CARRIED TO THE NORTHGATE
ACTIVITY CENTER
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6112 - RESOLUTION OF INTENTION TO REZONE THE NORTHGATE ACTIVITY CENTER
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. BALLOT MEASURE RE CITY ATTORNEY POSITION BEING APPOINTIVE RATHER THAN ELECTIVE (CM) -
File 9-4 x 9-3-16
Mayor Mulryan stated that he has supported the idea of changing the City Attorney's position
from elective to appointive for a rather simple reason. The City Charter is clear that the
role of the City Attorney's Office is to provide advice for the Council, and experience has
proven that election has not been the way to get a highly qualified attorney. Mayor Mulryan
further said that the City cannot afford an Attorney who will work as an ombudsman, and that
the highest savings the City can effect is to have the best technical advice when it is
needed.
City Attorney Duggan stated that he feels the City Charter was set up as it was, for certain
offices to be elective, so that a separation of powers would insure to the citizens of San
Rafael the benefits of a check and balance system for City Hall in the same manner as the
State and Federal systems. He stated he feels that an attorney selected by the Council would
be primarily loyal to the Council and not to the public, whereas an elected City Attorney
provides the Council with advice which is backed by his or her accountability to the public.
Mr. Duggan then read a list of actions which he has taken since being elected.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to accept the
ballot wording as outlined by staff, which includes a provision that if the City Attorney
position is made appointive the Charter will be amended effective at 12:00 midnight on Monday,
November 7, 1983 so as to not affect the present City Attorney's term of office.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. DISCUSSION RE CLAIM FOR DAMAGES - CALIFORNIA STATE AUTOMOBILE ASSOCIATION (JOHN P. RYAN) (CM) -
File 3-1-56U__
After
- -
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded , to approve
R. L. Kautz Company recommendation for denial of the claim.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
FURTHER ACTION ON ITEM 16 RE NORTHGATE ACTIVITY CENTER - File 10-2
Mr. Robert Becker, developer of Victorian Glen Condominiums, came forward with a question on
exemption for his development. Council asked Senior Planner Brook to confer with Mr. Becker
and report back by the end of the meeting.
After conferring, Mr. Brook reported to the Council that the Victorian Glen project will
proceed with processing before the Planning Commission when geotechnical review and project
traffic information are completed.
19. MARIN COUNTY AND CITIES PRIORITY PLAN AGREEMENT FOR STATE PARKLANDS FUND OF 1980 (CM) -
File -10-156 x 12-5
City Manager Beyer informed the Council that the 1980 State Parklands Bond Fund allocates
certain monies to the cities and counties of California for development of park facilities.
It is estimated that Marin County and its cities will receive $798,881 from this Act. A
priority plan must be approved by at least 50% of the cities and districts representing 50% or
more of the population of the cities and districts wihin the county, and the Board of Super-
visors must approve a priority plan to be submitted to the State of California prior to
January 1, 1982.
Mr. Beyer recommended to the Council that they adopt a resolution and authorize the Mayor to
sign the priority plan agreement for the State Parklands Fund of 1980.
RESOLUTION NO. 6113 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With County of
Marin and Marin County Open Space District for creation of a priority
plan for expenditure of County allocation of the Parklands Fund of 1980)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
458
20. RESOLUTION APPLYING FOR GRANT FOR CONTINUED FUNDING OF YOUTH SERVICES BUREAU BY OFFICE OF
CRIMINAL ICE PLANNING PD - File 4-10-11
Council reviewed a staff report indicating that the third year of funding for the Youth
Services Bureau is available through the Office of Criminal Justice Planning and a resolution
from the City Council is required in order to apply for and execute the monies. The Youth
Services Bureau has operated for the past two years through an LEAA grant, and third year
funding has been in doubt due to Federal cutbacks. However, the City of San Rafael has now
been allocated $30,479 which will cover 100% of the cost of the Youth Services Bureau program
through January 1982. An application will be forwarded to the San Francisco Foundation this
summer, in the event no more funds will be forthcoming from this area.
RESOLUTION NO. 6114 - APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE OFFICE OF
CRIMINAL JUSTICE PLANNING (For Youth Services Bureau funds, $30,479)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT ON SPRAYING OF CITY ELM TREES FOR LEAF BEETLE (PW) - File 9-3-40
(Councilmember Nixon left meeting
Council considered a staff report with a recommendation that Council authorize staff to
commence a spraying program for leaf beetle which has infected 1200 elm trees within the City.
Carbaryl (Sevin) will be used. Notification of residents will be done in advance of spraying,
and the spraying will be done only in the early morning hours in calm weather. The City will
protect private property as necessary and wash down as necessary after spraying.
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the spraying for
leaf beetle, as recommended by staff.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
22. PRESENTATION OF 1981/82 BUDGET AND SCHEDULE OF HEARINGS (CM) - File 8-5
Council reaffirmed that the budget hearings will be held on June 8 and 9, 1981, and on
June 10th if required.
23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council heard a report from City Manager Beyer on pending legislation, including SB 102
(Marks) which, if adopted, would reduce revenues from the State by $964,770, or $465,000 more
than that proposed in Governor Brown's proposed budget. The bill would reduce various State
subventions, such as liquor license fee, cigarette tax, highway carriers uniform business tax,
and financial aide to local agencies.
Another Bill, AB 1721 (Lockyer) regards binding arbitration.
SB 77 (Marks) involves Mortgage Revenue Bonds for Single Family Construction. SB 1176 (Petris)
regards prejudgment of interest of 10%, regarding interest plaintiff receives on a court
judgment.
Council agreed to work closely with the League of California Cities regarding SB 102, and
Mayor Mulryan offered to go to Sacramento if necessary to testify in opposition to the Bill.
ADD ITEMS
I MEDICAL BENEFITS FOR RETIRED EMPLOYEES - File 7-9
Council decided to discuss at the upcoming budget hearings whether they should extend benefits
beyond age 65 for retired employees and their spouses. Present cost to the City is $1,227/month.
II PG&E BOXES CONTAINING PCB - File 13-1
Councilmember Breiner inquired about the subject, and City Manager Beyer reported that he has
met with PG&E and worked out a schedule for removal of the twelve PG&E containing PCB.
III RESOLUTION OF APPRECIATION - CLAUDE EARWOOD - File 102
RESOLUTION NO. 6115 - RESOLUTION OF APPRECIATION TO CLAUDE E. EARWOOD (On retirement on
June 5, 1981, after eleven years. Retired as City Electrician)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
IV MAIL SLOTS AT COUNCILMEMBERS' HOMES - File 9-1
Council asked the City Attorney to look into the situation with regard to the mail slots which
were placed at their homes for receipt of official mail, and affirm that this would not
constitute a gift of labor and would not be an issue for questioning at a later date. Mayor
Mulryan remarked that he refused a mail slot because of the design of his front door.
City Council adjourned to closed session to discuss labor negotiations and pending litigation.