HomeMy WebLinkAboutMinutes 1977-1981 pt. 8In the Public Works Conference Room, San Rafael, City Hall, on Monday, June.8,—L981, at 7:30 PM.
Special 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
RE: REVIEW OF PRELIMINARY BUDGET, FY 1981/82 - File 8-5 x 8-5-1
The Council met for the first hearing on the 1981/82 Fiscal Year budget. City Manager Beyer
gave an overview of the proposed budget, stating that it has been developed within the existing
constraints of declining revenues, continued pressure on City operations caused by inflation, and
continued demands from the public for the same or increased levels of service. Mr. Beyer stated
he feels that this budget is a sound one, which meets community needs within the City''s ability
to pay.
City Treasurer/Finance Director Coleman briefly discussed the revenue aspect, stating that the
City is waiting to see what the economy does, and meanwhile we will try to be relatively con-
servative and maintain the same service level.
The City Council budget was reduced by $500, from the Meetings and Conferences account, which was
proposed at $3,500 and reduced to $3,000. It was then moved, seconded and carried that the City
Council"s budget be approved at $36,510.
The City Attorney's budget was approved by motion, seconded and carried, for a total of $143,751.
The City Clerk's budget was approved by motion, seconded and carried, for a total of $88,997,
including $150 per month car allowance.
The City Manager's budget was then discussed, and it was moved, seconded and carried to approve
it at $224,084 as proposed.
The Finance Department"s budget, proposed for a total of $231,347, was approved by motion,
seconded and carried.
The Library budget, which reflects the filling of the Library Director's position, was approved
at $437,189 by motion, seconded and carried.
The Recreation Department's budget, which includes Cultural Affairs along with the regular
recreation programs, was approved at $1,499,566 as proposed, by motion, seconded and carried.
The Planning Department"s budget was approved at $345,703, by motion seconded and carried.
Several members of the public spoke regarding the County's Rental Assistance Program for lower
income families, and requested the matter be discussed in relation to the Planning Department's
budget, since that department is involved with the Housing Element. The County was granted
$400,000 in Buck Grant funds to provide a rental assistance program on condition that the cities
match contributions on a "one for two" basis. This is a 2 -year program which goes through
December 1982.
After discussion the Council agreed to discuss the matter further on Tuesday evening, June 9,
1981, as part of the Revenue Sharing budget.
The Personnel Department's budget was then approved by motion, seconded and carried, for a total
of $91,962, which includes $5,000 for a clerical position classification study for City positions
based upon a factor analysis approach.
The City Council adjourned to Tuesday at 7:30 PM, for discussion of the remaining budgets and for a
public hearing on revenue sharing.
APPROVED THIS VA DAY OF , 1981
MAYOR OF THE CITY OF�SAN RAFT
4588
In the Webb Room of the—San Rafael Public Library, Tuesday, June 9, 1981, at 7:30 PM.
Special Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember (Arr. 8:05)
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk
RE: REVIEW OF PRELIMINARY BUDGET, FY 1981/82 - File 8-5
The Council met for the second hearing on the 1981/82 Fiscal Year budget.
The General Services budget was approved by motion, seconded and carried, for the proposed total
of $937,119. (Councilmember Nixon absent)
The Parking District budget was approved by motion, seconded and carried, for the proposed total
of $100,568. (Councilmember Nixon absent)
(Councilmember Nixon arrived)
The Public Works budget proposed for a total of $2,632,168, was approved by motion, seconded and
carried.
During discussion of the Fire Department budget, Chief Marcucci informed the Council that he
would recommend consideration of a residential sprinkler ordinance for new construction, since in
commercial fires the sprinkler systems have been most effective in controlling fires until the
arrival of the fire equipment. Council agreed to consider such an ordinance. Chief Marcucci was
asked to also work on updating the Disaster Plan.
The Fire Department budget was then approved by motion, seconded and carried, for a total of
$3,398,306, including CSA 19 and Paramedics.
The Police Department budget was discussed and approved by motion, seconded and carried, for a
total of $3,097,079.
The Nondepartmental budget for a total of $622,000 and the Elections budget for a total of
$16,500, were approved by motion, seconded and carried.
The Bond Retirement budget, for a total of $355,399 total bond requirement, was approved by
motion, seconded and carried.
The Gas Tax budget was approved by motion, seconded and carried, for a total of $314,500, with
Operating transfer to General Fund of $200,000.
RE: REVENUE SHARING PUBLIC HEARING - File 8-9
Mayor Mulryan declared the public hearing opened.
Mr. Fred Dekker, representing Marin Heritage, asked that the Council keep in the budget the
$5,000 which they pledged as matching funds toward restoration of the greenhouse at Falkirk.
Council agreed to do so.
There being no further public input the public hearing was closed.
Council then discussed the County's Rental Assistance Program which was introduced at the budget
hearing on June 8, 1981, and the possibility of using Revenue Sharing funds for this purpose.
Councilmember Miskimen then moved and Councilmember Breiner seconded, to approve $30,000 for
Rental Assistance Program be added to the Revenue Sharing budget.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Revenue Sharing budget was then approved by motion, seconded and carried, for a total of
$910,916 which includes the $30,000 for Rental Assistance.
RE: BENEFITS FOR RETIRED EMPLOYEES - File 7-9 x 8-5
A58C
Council considered a request from a retired employee for a cost of living increase for retired
employees, and a staff analysis of the total cost to the City for various formulas which could be
used. After discussion, it was unanimously agreed that no action would be taken.
The Council then discussed medical benefits for retired employees after they reach age 65. After
discussion it was moved, seconded and unanimously approved to continue only those retired em-
ployees presently covered, thus fixing the number of persons directly covered, through July 1,
1982, at a total cost to the City of $14,724.
During the coming fiscal year 1981/82 Council will review the policy of paying the premiums for
retirees.
Council then adjourned to their next regular meeting on June 15, 1981.
AN E M. LEONCINI, City Clerk
APPROVED THIS C+h DAY OF _yW_1981
MAYOR OF THE CITY OFSANAFAEL
*** *** *** *** *** *** *** ***
459
The City Council then reconvened in public session and unanimously approved payment of $8,500 to
Gladys Foret, Claim No. 3-1-548.
15 ;
APPROVED THIS �St� DAY OF , 1981
MAYOR,z7z�� -�
O-F-THTE CITY OF SAN KAFAEL
*** *** *** max* ter* *** *** ter*
In the Council Chambers of the City of San Rafael, Monday, June 15, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: Dorothy L. Breiner, Councilmember
John A. Miskimen, 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 Nixon seconded, to approve the recommended action
on the following consent calendar items:
Item
1. Approval of Minutes of Regular Meetings
of May 18 and June 1, 1981 (CC)
2. Selection of Sleezer & Eckhoff for the
1980/81 Audit (CC) - File 8-1
3. Resolution Declaring July 6 through
July 12, 1981, as National Girls' -
14 Tennis Championship Week (RA) -
File 110
4. Information re Sale of Surplus Vehicles
(CM) - File 2-13
Recommended Action
Approved minutes of May 18, 1981 meeting
as submitted. Approved minutes of June 1,
1981, as previously amended, re page 2,
Item 9, Quail Hill.
Approved proposal for 1980/81 audit:
City $7,200; Parking District $2,000;
Redevelopment $6,000.
RESOLUTION NO. 6116 - DECLARING JULY 6
THROUGH JULY 12 AS NATIONAL GIRLS' -
14 TENNIS CHAMPSIONSHIPS WEEK
Accepted report recommending that City
continue to send surplus vehicles to
Vallejo for disposal by professional
auctioneers.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
5. 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 5-
- File 10 -
Mayor Mulryan opened the public hearing and continued it to July 6, 1981, since no specific
agreement has been reached with Quail Hill. The City will continue to work with the owners
toward a mutually satisfactory solution.
PERSONS WISHING TO ADDRESS COUNCIL
(File 13-1-1)
City Attorney Duggan addressed the Council, requesting that the matter of handicapped access at
36 Professional Center Parkway be agendized for the July 6, 1981 meeting, and that the Council
give consideration to the formation of an Appeals Board for such cases.
6. RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND SAN RAFAEL FIREMAN'S ASSOCIA-
TION Pers - File 7-8-2
Councilmember Jensen stated he would not vote for the Memorandum of Understanding since he did
not have sufficient backup data.
460
RESOLUTION NO. 6117 - AMENDING RESOLUTION NO. 5928 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR FIRE DEPARTMENT PERSONNEL
AYES: COUNCILMEMBERS: Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
Later in the meeting Councilmember Jensen stated that he did not want to cause hardship for the
Firemans's Association, and asked that the vote on the resolution be retaken. Council agreed,
and the vote was as follows:
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
7. ARBITRATION INITIATIVE, SAN RAFAEL FIREFIGHTERS AND POLICE OFFICERS (CM) - File 9-4
Council agreed with City Manager Beyer's recommendation that no ballot measure will be presented
by the City in the November 3, 1981 election as was first contemplated, to provide that no
wages, benefits or employee expenses would be paid until another election is held - in the
event the Arbitration Initiative is successful. Instead, the City will work toward defeating
the binding arbitration measure itself, rather than possibly confusing the public. If the
binding arbitration measure is successful, Council could place their Charter Amendment on the
June 8, 1982 ballot.
8. ENFORCEMENT OF ORDINANCE NO. 1207 - HAWKING BY NEWSPAPER VENDORS (CA) - File 2-11
Council reviewed a staff report from City Attorney Duggan in which he stated that he feels
Ordinance No. 1207, which prohibits hawking of newspapers, is unconstitutional with respect to
newspapers and should not be enforced. He stated that hawking of hawking of newspapers by East
Bay Today or by any other newspaper is a constitutional privilege which may not be abridged by
any provision of the current San Rafael Municipal Code.
Councilmember Nixon remarked that all of the newspapers are being treated equally with regard
to vending machines.
Mayor Mulryan stated he would like to see an ordinance restricting the sale of newspapers to
vending machines.
Councilmember Nixon moved and Councilmember Jensen seconded, to direct the City Attorney to
attempt to draft a constitutionally sound ordinance prohibiting hawking of newspapers
within the City.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
9. RESOLUTION OF APPLICATION TO LAFCO - NUNES OPEN SPACE, PARCEL E, ANNEXATION (CM) -
File5-2-81
Councilmember Jensen questioned liability in connection with the annexation. Assistant City
Attorney Bullard replied that there was no more liability than on any other open space which
the City owns.
RESOLUTION NO. 6118 - RESOLUTION OF APPLICATION TO THE MARIN LOCAL AGENCY FORMATION COMMISSION
IS MADE FOR AN ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT
(Nunes Open Space Parcel E Annexation)
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
10. ENGINEERING SERVICES FOR ANDERSEN DRIVE EXTENSION PROJECT (PW) - File 4-3-83
After considering a staff report from Public Works Director Bernardi, Councilmember Nixon moved
and Councilmember Jensen seconded, to approve the staff recommendation and authorize the City
Manager and City Attorney to execute a service agreement with Hoffman & Albritton for civil
engineering services for Phase I work for the Andersen Drive Extension Project in an amount not
to exceed $10,000.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
11. SECOND ANNUAL TOWN PICNIC AND PARADE (CM) - File 11-22
Council reviewed a staff report from Assistant to the City Manager Barbier, outlining the
City's expenditures toward the July 12, 1981 parade. The total is $6,366, which includes
services of the Public Works, Police and Fire departments. It was noted that the cost for the
Police Department has been included in its 1981/82 budget, amounting to $3,746.
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the expenditure of
$6,366 in services of the Public Works, Police and Fire departments.
461
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
12. FINAL ADOPTION - ORDINANCE NO. 1395 - AMENDING CHAPTER 10.76, COMMUNITY ANTENNA TELEVISION
SYSTEMS FRANCHISES, BY ADDING SECTION SANCTIONS OR FAILURE TO REMEDY SER ICE
PROBLEMS CA - File 9-7-4
CHARTER ORDINANCE NO. 1395, Amending Chapter 10.76, Community Antenna Television Systems
Franchises, by Adding Section 10.76.085, Sanctions for Failure to Remedy Service Problems, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
13. AWARD OF BID - FALKIRK STAINED GLASS WINDOWS (CM) - File 4-1-306
Council considered a staff report on the bids received for the restoration of the stained glass
windows at Falkirk. Staff recommended to accept bid of Great Panes Stained Glass of Calistoga,
whose alternate bid is $6,520 which will cover complete releading of all of the windows if it
is determined to be necessary.
RESOLUTION NO. 6119 - AWARD OF BID FOR RESTORATION OF THE STAINED GLASS WINDOWS AT FALKIRK (To
Great Panes Stained Glass, $6,520)
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
14. REPORT RE RECOMMENDED LAND USES FOR PG&E SITE (CD) - File 200 x R-134
Council agreed to defer discussion on this matter to the July 6, 1981 meeting, when four
councilmembers will be present.
15. DISCUSSION OF MAJOR ISSUES FACING THE CITY - File 9-1
Mayor Mulryan briefed the Council on the many major issues facing the City at this time, and
asked councilmembers and staff for any suggestions they might have regarding procedures and/or
solutions.
It was agreed that a meeting will be arranged with Senator Keene and Assemblyman Filante to
discuss funding of the Northgate traffic measures. It was also agreed that an attempt should
be made to extend the life of the Redevelopment Agency. Another goal is a five-year analysis
of expected revenues and expenditures to be prepared.
Council deferred further discussion to the July 6, 1981 meeting, when four Councilmembers will
be present.
16. REPORT RE DISCUSSIONS WITH CALTRANS ON HIGHWAY 101 IMPROVEMENTS IN NORTHGATE AREA (CM) -
File ITT
Council discussed a staff report from City Manager Beyer regarding a meting on June 9, 1981,
with City and CalTrans staffs. Mr. Beyer mentioned that CalTrans personnel were not optimistic
about any type of State funding for the City's projects. He asked the Council's direction and
suggested pursuing all avenues with regard to getting the programs included in the Metropolitan
Transportation Commission (MTC) and the State Transportation Improvement Program (STIP) pro-
jects.
Council agreed, and added that City should lobby where possible. Council also reaffirmed their
current policy on Northgate with regard to developers being assessed for transportaion improve-
ments, with the understanding that if the City succeeds in getting any State funding for the
improvements the mitigation fees collected under Option 2 could be refunded.
17. RESOLUTION AMENDING THE 1980/81 APPROPRIATION LIMIT (Fin) - File 8-5
RESOLUTION NO. 6120 - AMENDING APPROPRIATIONS LIMIT FOR 1980/81 ($11,684,929, per SB 1352
formula)
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
18. RESOLUTION APPROPRIATING ALL UNAPPROPRIATED 1980/81 REVENUES TO RESERVES (Fin) - File 8-5
RESOLUTION NO. 6121 - APPROPRIATING UNAPPROPRIATED REVENUES AS OF JUNE 30, 1981
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
462
19. RESOLUTION ESTABLISHING APPROPRIATIONS LIMIT FOR 1981/82 (Fin) - File 8-5
RESOLUTION NO. 6122 - ESTABLISHING APPROPRIATIONS LIMIT FOR 1981/82 ($12,685,507, per SB 1352
formula)
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
20. LITTER PATROL PROPOSAL FOR SUMMER 1981 (CM) - File 201
Council considered a proposal from Mr. Donald Saccani of Mariner Distributing Company, offering
to contribute $3,000 for a pilot program for a City of San Rafael "Litter Patrol", to provide
summer jobs and at the same time help to keep the City clean. There will be no cost to the
City.
Councilmember Nixon moved and Councilmember Jensen seconded, to approve the Litter Patrol
concept as outlined, noting that the litter will be taken for recycling. Use of a City truck
and supervisor to be included in the approval.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Miskimen
The City Council adjourned to Closed Session to discuss pending litigation.
A E M. LEONCIN , City Clerk
APPROVED THIS ;61k DAY OF 1981
MAYOR OF THE CITY OF ANRA L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, July 6, 1981, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Absent: Dorothy L. Breiner, Councilmember/Agency Member
Also Present: Robert F. Beyer, City Manager/Executive Director
Jeanne M. Leoncini, City Clerk/Agency Secretary
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
RE: AMENDMENTS TO THE CITY OF SAN RAFAEL ENVIRONMENTAL ASSESSMENT PROCEDURES MANUAL (P1) -
File SRCC 10-2, SRRA R -
CITY COUNCIL ACTION
RESOLUTION NO. 6123 - ADOPTING AMENDMENTS ON ENVIRONMENTAL ASSESSMENT PROCEDURES IN COMPLIANCE
WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF
1980, AS AMENDED
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
An Ordinance of the City of San Rafael, Amending Title 2, Administration, of the San Rafael
Municipal Code, by Adding a New Chapter 2.40, Public Hearings, and numbering Charter Ordinance
No. 1396, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
463
REDEVELOPMENT AGENCY ACTION
RESOLUTION NO. 81-30 - ADOPTING AMENDMENTS ON ENVIRONMENTAL ASSESSMENT PROCEDURES IN COMPLIANCE
WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF
1980, AS AMENDED
AYES: MEMBERS: Jensen, Miskimen, Mulryan & Chairman Nixon
NOES: MEMBERS: None
ABSENT: MEMBERS: Breiner
E , City Clerk/Agency Secretary
APPROVED THIS 3 r� DAY OF 1981
MAYOR OF THE CITY OF SAN RAFAEL GENCY MEMBER
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, July 6, 1981, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Absent: Dorothy L. Breiner, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special
Meetings of June 8 and 9, 1981 (CC)
2. Authorization to Solicit Bids for
Banking Services (Fin) -
File 4-10-59
3. Agreement with Inter -Arts of Marin
re Community Art Project (Red -
File 4-10-157
4. Amendment to Resolution No. 5933
re Compensation for Parttime
Employees (Pers) - File 7-3
5. Approval of Fee Increases for:
(Red - File 9-10-2
a. San Rafael Community Center
b. Terra Linda Recreation Center
c. Falkirk Community Cultural Center
6. Request from Marin County Velodrome
Assn. for Bicycle Races (CM) -
Fila q -i --in
Recommended Action
Approved as submitted.
Approved staff recommendation to go out to
bid for banking services.
RESOLUTION NO. 6124 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Inter-
Arts of Marin for Art in Public Places
Project)
RESOLUTION NO. 6125 - AMENDING RESOLUTION
5933 WHICH PERTAINS TO COMPENSATION FOR
PARTTIME, TEMPORARY, INTERMITTENT AND
SEASONAL WORKERS (Effective July 1, 1981)
RESOLUTION NO. 6126 - APPROVING POLICY AND
FEE SCHEDULES FOR SAN RAFAEL COMMUNITY
CENTER
RESOLUTION NO. 6127 - APPROVING POLICY
AND FEE SCHEDULES FOR TERRA LINDA RECREA-
TION CENTER
RESOLUTION NO. 6128 - APPROVING POLICY AND
FEE SCHEDULES FOR FALKIRK COMMUNITY CULTURAL
CENTER
Approved closure of one side of Civic Center
Dr. for bicycle races at Civic Center on
July 19, 1981, from 10 AM to 4 PM.
7. Accept Resignation of James H. Mayer
from Library Board of Trustees (CC) -
File 102 x 9-2-3
8. Expiration of Terms of Two Planning
Commission Members (CC) - File 9-2-6
9. Paramedic Agreements (FD) -
File 4-13-56
a. CSA 13 (Upper Lucas Valley)
b. CSA 19 (Unincorporated Area)
c. Marinwood CSD
RESOLUTION NO. 6129 - RESOLUTION OF APPRE-
CIATION - James H. Mayer. Called for
applications for replacement, w/deadline
of 7/28/81 at noon, and interviews on
Monday, August 3, 1981.
Approved setting interviews for Commis-
sioners Albert Boro and John A. Stark -
weather at 7 PM, July 20, 1981.
RESOLUTION NO. 6130 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/CSA 13,
7/1/81 to 6/30/82)
RESOLUTION NO. 6131 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/CSA 19,
(UNINCORPORATED AREA), terminating 6/30/86)
RESOLUTION NO. 6132 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/Marin-
wood CSD, 7/1/81 to 6/30/82)
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
22. PRESENTATION OF $3,000 CHECK TO CITY FROM MR. DONALD SACCANI, OWNER, MARINER DISTRIBUT-
ING COMPANY TO FUND A LITTER PATROL SUMMER PROGRAM - File 201 Verbal presentation
Mr. Donald Saccani was warmly thanked by the City Council for his contribution of $3,000 to fund a
Litter Patrol Summer Program.
10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-66, TWO OFFICE & MULTIPURPOSE
BUILDINGS; THORNDALE DRIVE - QUAIL HILL, INC., OWNER; MARQUIS ASSOC., REP.; AP 175--360-04
- riie lu-b
Mayor Mulryan declared the public hearing opened.
City Manager Beyer briefed the compromise proposal which resulted from meetings between Council -
members Miskimen and Nixon and Mr. Dick Duncan, Vice President of Commerce Clearing House.
Staff's recommendation is that Council direct staff to prepare a mitigated Negative Declaration;
process the design review application before the Planning Commission; and prepare the necessary
agreement to implement the understanding. Further, the City would retain architectural control
over each project, and mitigation fees paid now by Quail Hill, Inc., would be used for the
improvement of the intersection of Northgate Drive and Las Gallinas Avenue.
With regard to the 24,000 sq. ft. space that is being converted within the existing Commerce
Clearing House building, Quail Hill believes that, due to the nature of the use which will not
be office space and will accommodate only three employees, the trips can be mitigated 100% and
thus no mitigation fee is required for this portion of the project.
Attorney Joseph Lemon, representing Quail Hill, stated that since only minor points are to be
resolved he would like to be allowed to confer further with City Manager Beyer in the prepara-
tion of a final document which would run with the land.
Mrs. Mary Conte expressed her concern regarding construction on the ridgeline.
There being no further input the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the
staff recommendations regarding the compromise agreement. Details to be submitted for approval
at the July 20, 1981 meeting.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
11. PUBLIC HEARING - APPEAL BY MERCHANTS, PLANNING COMMISSION CONDITIONAL APPROVAL; UP81-36,
ST. VINCENT DE PAUL FREE DINING ROOM; 820 B STREET; JOE BOHANEC, OWNER; LORETTA SPRINGER
ST. VINCENT DE PAUL SOCIETY), REP.; AP 11-262-15 P1 - File 10-5
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the staff report, indicating that on June 9, 1981 the Planning
Commission had approved the operation of a free dining room by the St. Vincent de Paul Society
at 820 "B" Street, after extensive public testimony. The appeal received on June 16, 1981 from
a number of downtown merchants was based on the lack of a factual study of the need for the
operation and the appellants' belief that a facility of this type will attract an undesirable
element to the downtown area.
465
Mayor Mulryan then called for public input from persons in favor of the project. Those speaking
for the free kitchen were: Anise Turina, Lawrence A. Cowan, Maxine James, Marie Woelfl, George
Culler, W. Milani, Bob Douglas, Bernard TishnTan and Loretta Springer of the St. Vincent de Paul
Society.
Mayor Mulryan next asked for input from persons opposed. Norman Richardson spoke for the
merchants in the area, and stated that they are not objecting to the elderly and poor, but to
the "freeloader" types. Robert Warner, Dick Chapman, Diane Marsh, Stephen Keeler & Bob Hoffman
also spoke about their doubts of the effect such an establishment would have and the difficulty
in abating the project if it is a problem.
Brian Cahill stated that no one knows at this point whether or not there will be a detrimental
effect on the area. Wm. Brannan of the Redevelopment CAC spoke of a possible program where
several restaurants in San Rafael would issue chits at $1 each for which the needy would be
eligible. These could be paid for by the St. Vincent de Paul Society, and the restaurants
would honor them at certain times of the day. Kay Crawford of the Redevlopment CAC stated her
concern about harassment of women in downtown San Rafael. Mr. Kilty, who is presently connected
with Saint Anthony's Dining Room in San Francisco spoke of the success of that program, and
stated that there is adequate space in the proposed dining room on "B" Street. Earl Hargraves
suggested that strong police enforcement throughout the entire downtown area should be a
consideration at this time.
There being no further public input the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Nixon seconded to deny the
appeal by the merchants and grant St. Vincent de Paul Society a six-month use permit with the
operation to be carefully monitored and any complaints brought to the attention of the Planning
Commission. The Police Department and Code Enforcement Officer are to carefully observe the
operation.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
(Councilmember Miskimen left meeting)
12. PUBLIC HEARING - REZONING (Z81-7) FROM: P -C (PLANNED COMMUNITY) DISTRICT, TO: P -D (PLANNED
DEVELOPMENT) DISTRICT; BISCAYNE DRIVE; N.Y. CAL. INDUSTRIAL CORP., OWNER; MURPHY, PULICE
ASSOCIATES, REP.; AP 186-4/0-13, & 79, & 186-480-01 P - File - x
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council on the proposed rezoning, indicating the area is
north of Biscayne Drive and west of Point San Pedro Road, and contains three major development
envelopes, allowing up to 130 total units, a neighborhood park, and open space for the balance
of the land. Mayor Mulryan asked if the plan is consistent with the 125 foot limitation, and
Ms. Moore indicated that it is.
Mr. Frank Pulice of Murphy, Pulice Associates, stated there will not be any houses which
project above the 125 foot limitation. Mr. Robert Winckler of the Peacock Gap Homeowners
Association stated that with the understanding about the height limitation the Association will
endorse the plan.
Councilmember Jensen moved and Councilmember Nixon seconded, to certify the Negative Declara-
tion.
AYES: COUNCILMEMBERS: Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
An Ordinance of the City of San Rafael, Rezoning Certain Real Property from the P -C (Planned
Community) District to the P -D (Planned Development) District (N. of Biscayne Drive & W. of Pt.
San Pedro Road), and numbering Charter Ordinance No. 1397, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAINED:
COUNCILMEMBERS:
Jensen, Nixon & Mayor Mulryan
None
Breiner
Miskimen, due to conflict of interest.
(Councilmember Miskimen returned.
Councilmember Nixon left meeting.)
13. PUBLIC HEARING - CONSIDERATION OF RATE INCREASE FOR MARIN SANITARY SERVICE (Fin) - File 4-3-32
Mayor Mulryan declared the public hearing opened.
Finance Director Coleman briefed the Council regarding the proposed 10% rate increase, and
recommended that it be approved for a fourteen month period, from August 1, 1981 to September
30, 1982. At the end of that time the rates would again be reevaluated with the possibility of
going to multi-year contracts in the future.
Attorney Albert Bianchi, representing Marin Sanitary Service, informed the Council that this is
the first rate increase since January 1980, and cited other services received by the City in
addition to the yearly $1,500 franchise payment.
Attorney Wm. Corrigan representing the owners of the San Quentin Disposal Site, asked for a
continuance of the hearing to give him and his clients an opportunity to peruse the figures.
Mr. Fred Grange, who introduced himself as a competitor of Marin Sanitary Service, stated that
he is not here to object to the rate increase, but to ask the Council to require a cost account-
ing report in the future so they could identify which services are above and which are below
cost, and the ratio of the gross to the net.
Lane Fye spoke in favor of the increase.
There being no further public input the public hearing was closed.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to adopt the
Resolution increasing the present rate by 10% effective August 1, for a fourteen -month period,
with deletion of the phrase in paragraph 3, page 2 of the Agreement, to delete the words,
"however, if any agency served by Marin Sanitary Service approves a rate of less than 10% during
this period then the rates in San Rafael will be changed to reflect the lower percent increase."
RESOLUTION NO. 6133 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Marin
Sanitary Service, Ninth Amendment to Agreement, effective August 1, 1981,
through September 30, 1982)
AYES: COUNCILMEMBERS: Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
ABSTAINED: COUNCILMEMBERS: Nixon, due to conflict of interest.
(Councilmember Nixon returned)
14. DISCUSSION OF MAJOR ISSUES FACING THE CITY - File 9-1
Mayor Mulryan discussed various major issues facing the City, and it was the concensus of the
Council that they should decide shortly on use of the PG&E property at Second and Lindaro
Streets, where the "Two Worlds" concept is being considered. Also, a meeting is to be arranged
with Senator Keene and Assemblyman Filante to discuss the use of State funds in connection with
the Northgate Activity Center traffic plan. It was also agreed that an attempt should be made
to extend the life of the Redevelopment Agency past July 1982, and the Council will attempt to
devise various avenues to be explored in this regard.
15. RESOLUTION ADOPTING FINAL 1981/82 BUDGET (Fin) - File 8-5
RESOLUTION NO. 6134 - ADOPTING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR
JULY 1, 1981 - JUNE 30, 1982 AND PROVIDING FOR THE APPROPRIATIONS AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
(Councilmember Jensen left)
16. REQUEST BY CITY ATTORNEY TO CREATE AN APPEALS BOARD RE HANDICAPPED ACCESS (CA) - File 13-1-1
Council reviewed a staff report from City Attorney Duggan, recommending that the City establish
an Appeals Board, two members of which should be physically handicapped, two members to be
persons experienced in construction, and one member to be a public member. This subject was
brought up in connection with a building at 36 Professional Center Parkway which was permitted
to be occupied under bond without the required handicapped access because a change in State law
appeared to be imminent at that time.
Mayor Mulryan stated that the law, as he understands it, is not mandatory but is discretionary,
and he questioned the necessity for an Appeals Board.
After discussion, Council asked that City Manager Beyer and City Attorney Duggan together draft
a letter for Mayor Mulryan's signature, to our legislators to the Attorney General's Office,
requesting an opinion as to the actual ability of a City Council to act on such matters without
forming an Appeals Board.
17. REPORT RE RECOMMEND USES OF PG&E SITE (Pl) - File 200 x R-134/187
Council discussed alternative uses for the PG&E Site at Second and Lindaro, and the advisability
of more emphasis on housing. No decisions were made.
18. PRIORITY LISTING OF PROJECTS FOR STATE PARKLAND FUND OF 1980 (Red - File 4-10-156 x 12-5
Council reviewed a staff report from Recreation Director Jauch, which recommended a priority
list to be submitted to the City/County Priority Setting Committee for consideration of 1980
State Parkland Funds. First priority is Albert Park Renovation; second priority is Terra Linda
Recreation Center Rehabilitation Project; and third priority is Falkirk Community Cultural
Center grounds.
Councilmember Nixon moved and Councilmember Miskimen seconded, to approve priority list as
submitted.
AYES: COUNCILMEMBERS: Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Jensen
(Councilmember Jensen returned)
467
19. DISCUSSION OF PETITION FROM "JACK THE KNIFE" (CM) - File 10-2
Council discussed a staff report which enclosed a petition, asking that the Council allow Jack
the Knife to continue his operation on a public street in Terra Linda in violation of current
City code.
Options before the Council are: 1) Abate the use; 2) Continue to allow Mr. Jack Haviland
additional time to relocate so long as he is making a good faith effort to do so; 3) Find that
Mr. Haviland is a legal, noncomforming use in that he has essentially been in continuous
operation since before adoption in 1975 of the Ordinance containing Chapter 10.48; and, 4)
Amend the City Code so that approved sites for peddling on City streets are established along
with a system for allocating those sites to peddlers.
Council then heard from attorney Tommie Whitener, representing Mr. Haviland, asking that he be
"grandfathered" in and allowed to remain on Las Gallinas Avenue. He stated that Mr. Haviland
has tried for two years to relocate either on the Northgate parking area or the Sears lot, but
has not been successful.
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to give Mr.
Haviland 90 days to attempt to relocate off the street, with the promise that the City would
work with the Northgate Mall people toward a parking variance to allow the vehicle to locate in
the Northgate parking lot.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
20. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council reviewed a staff report from Assistant to the City Manager Barbier, outlining various
pieces of legislation affecting the City. It was agreed that AB 95 (Brown/Filante) regarding
establishment of a new Golden Gate Transit District and transfer of the Golden Gate Bridge
District to the State should be followed closely. City Manager Beyer to report to the council
on options so that the City can make its position known in Sacramento.
21. GRAZING OF SHEEP ON OPEN SPACE LANDS FOR FIRE PROTECTION (PW) - File 13-14-1
Item continued to meeting of July 20, 1981 for discussion, since the residents of Mont Marin
were not notified. The area being requested for sheep grazing is part of the open space area
which was an assessment district partly paid for by the Mont Marin homeowners.
23. REPORT OF CITY COUNCIL CLOSED SESSION HELD ON JUNE 29. 1981 - File 9-1
City Attorney Duggan questioned the propriety of a closed session held at 5:00 PM on June 29,
1981, the reason for which was published as discussion of potential litigation. Mr. Duggan
asserted that when he arrived at the meeting another subject entirely was being discussed and
he felt this was a violation.
Mr. Duggan was informed by City Manager Beyer that indeed pending litigation had been discussed
at the meeting regarding allegations made by developer Robert Ham against Planning Commissioner
Michael Smith, but that since Mr. Duggan arrived late the matter had already been discussed and
the further discussion had evolved from the earlier item. Mayor Mulryan informed Mr. Duggan
that he questioned the propriety of releasing the subject information to the press.
No action was taken.
The City Council adjourned to their next regular meeting on July 20, 1981.
APPROVED THIS DAY OF 1981
61
MAYOR OF THE CITY OF SAN RA AEL
In Conference Room 201 of the San Rafael City Hall, Monday, July 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
RE: INTERVIEWS OF PLANNING COMMISSION INCUMBENTS FOR REAPPOINTMENT (P1) - File 9-2-6
Council interviewed Albert J. Boro and John A. Starkweather, incumbent Planning Commission
members whose terms expired at the end of June.
Councilmember Nixon moved and Councilmember Miskimen seconded, to reappoint Albert J. Boro to
another four-year term ending in June 1985.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Councilmember Nixon moved and Councilmember Miskimen seconded, to reappoint John A.
Starkweather to another four-year term ending in June 1985.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
J ANNE M. LEONCIN , City Clerk
APPROVED THIS 17'- DAY OF 1981
AYOR OF THE CITY OF SA�R:_7'
In the Council Chambers of the City of San Rafael, Monday, July 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 June 15, 1981 (CC)
2. Extension of Time - Dominican Estates
Subdivision (PW) - File 5-1-259
3. Report on Bid Opening for 1981/82
Public Works Maintenance Materials (PW) -
File 4-2-159
5. Agreements with CalTrans for Maintenance
of Traffic Signal System - Bellam
Boulevard Roadway Improvements Project
(PW) - File 4-8-18
Recommended Action
Approved as submitted.
RESOLUTION NO. 6135 - EXTENDING TIME FOR
THE COMPLETION OF IMPROVEMENT WORK IN
DOMINICAN ESTATES SUBDIVISION, SAN RAFAEL,
CALIFORNIA (To & incl. 8/19/82)
Approved staff recommendation authorizing
issuance of P.O.'s to Shamrock Materials,
Inc.; McPhails, Inc; and Basalt Rock
Company, Inc.
RESOLUTION NO. 6136 - AUTHORIZING MAYOR &
CITY CLERK TO EXECUTE A 2ND AMENDMENT TO
AGREEMENT WITH STATE OF CALIFORNIA FOR
BELLAM BLVD. ROADWAY IMPROVEMENTS PROJ.
r _�
6. Statement of Disclosure - Donald
Dickinson, Redevelopment CAC Member
(CC) - File R-140(CAC)
469
RESOLUTION NO. 6137 - AUTHORIZING MAYOR &
CITY CLERK TO EXECUTE AN AGREEMENT WITH
STATE OF CALIFORNIA FOR MAINTENANCE OF
TRAFFIC SIGNAL SYSTEM-BELLAM BLVD. ROADWAY
IMPROVEMENTS PROJECT
Accepted report.
7. Report on Bahia Vista Community School Accepted financial report.
Program Audit (Fin) - File 4-13-52
8. Appointment of Library Director (CM) - Confirmed selection of Mr. Vaughn Stratford
File 7-4 x 9-3-61 as Library Director, effective August 3,
1981.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner - Abstained only from approval of minutes of regular meeting
of June 15, 1981, due to absence from meeting.
4. LOAN OF SURPLUS VEHICLE TO SANTA ROSA POLICE ACADEMY (CM) - File 9-3-30
Mayor Mulryan requested removal of this item from the Consent Calendar for discussion. After
discussion, Councilmember Miskimen moved and Councilmember Breiner seconded, to approve loan of
a surplus vehicle for one year, subject to City attorney's Office providing a "Hold Harmless
Agreement".
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - APPEAL BY ONE WAY PORTION OF WINDSOR AVENUE HOMEOWNERS, OF PLANNING COMMISSION
DECISION; V81-8, REQUIRED PARKING WITHIN FRONT SETBACK; WINDSOR AVE.; C A DE MIKE HENDERSON,
OWNER: RON GLANDER & ASSOC.. REP.: A 10-301-12 - File -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that Mr. Finbar O'Driscoll, President, One -Way
Portion Windsor Avenue, has requested that the item be continued to August 17th, due to the
fact that many of their group were unable to attend tonight's meeting because of vacations or
illness.
After discussion, Council agreed to continue the public hearing only to the next meeting, to be
held on August 3rd, with appellant to be so informed.
10. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT TO CREATE C-4 (DOWNTOWN COMMERCIAL) DISTRICT.
REZONING, FROM: C-2 DRD GENERAL COMMERCIAL -DOWNTOWN REVIEW) DISTRICT, TO: C- -DRD DOWNTOWN
COMMERCIAL -DOWNTOWN REVIEW DISTRICT FOR POPERTIES FRONTING FOURTH ST. BETWEEN LINCOLN AVE. &
TrD-rrST. EXCLUDING COURTHOUSE SQUARE P1 - File 10-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that pursuant to Council's request, Planning staff reviewed
Fourth Street, from Netherton to "E" Street. The proposal before the Council this evening,
recommended by the Planning Commission, is to consider a new zoning designation for Fourth
Street between Lincoln and "E". It was determined that that is the area where there is a
preponderance of retail/commercial uses. Mrs. Moore went on to state that the proposed ordin-
ance would eliminate office and financial institutions as uses by right. At the present time,
nothing is required other than a business license. This new zone would require the issuance of
a use permit. The intent is to affect those properties facing on Fourth Street. The only
exception would be three small properties that front on "B" Street to the north of Fourth that
are included, because they seem to be a part of Fourth Street retail section. Courthouse
Square is not included; it has its own special C-3 Zoning District that was established when
the complex was built. Courthouse Square would not be included in the rezoning.
Councilmember Miskimen stated that originally the Council attempted to get retail for Courthouse
Square, but in the final analysis, this was not possible. He mentioned that it is a question
of judgment whether a firm is retail or not, and cited Dean Witter as retailing stocks and
bonds, etc.
Mrs. Marie Sessi, one of the owners of the Burchard Hotel, asked that their annex building be
excluded for reason that the property does not really front on Fourth Street - it fronts the
alley. Mrs. Sessi also mentioned the back of the Radio Shack. She requested to be allowed to
keep options open for her property and others like it.
Upon questioning, Planning Director Moore stated that the proposed zoning was for parcels; the
lines were not drawn consistent with buildings. Mrs. Moore indicated Mrs. Sessi's situation
was different than the three properties facing on "B" Steet, as previously mentioned, and that
if that portion of Mrs. Sessi's property or any other property similarly situated with a rear
orientation were to be eliminated from the rezoning, that would be consistent with the Council's
direction and staff and Planning Commission's intent.
470
City Manager recommended that public hearing be continued to allow staff time to draft proper
wording to exclude the portion of the Sessi property mentioned from the rezoning, as well as
Courthouse Square; Courthouse Square representatives to be notified of the proposal before the
next meeting.
Mayor Mulryan continued the public hearing to August 3rd meeting as recommended.
11. PUBLIC HEARING - ZONING (Z81-9) 34 REDDING WAY, ADJ. TO AP 13-212-15; ZONE DISTRICT DESIGNATION
OF R-1 SINGLE FAMILY RESIDENTIAL DISTRICT FOR FORMER STREET RIGHT-OF-WAY NOW COMBINED WITH
ADJACENT RESIDENTIAL PARCEL; INITIATED BY ROY & GENEVIEVE PADGETT, REPRESENTED BY DAVID
KNOB OC P - File -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore stated that recently the Council approved the abandonment of a street
right-of-way at Redding Way and Meadow Avenue, and then proceeded to offer that piece of
property for sale. The applicant, Mr. Padgett, secured that abandoned right-of-way and by
adding it to his existing property has applied for a subdivision to the Planning Commission.
As part of that action, it was found that the right-of-way had never been zoned. This is
therefore the former right-of-way that needs to be zoned R-1, similar to the rest of the
residential area in the neighborhood. Upon questioning, Ms. Moore stated that 5,000 sq. ft. is
a minimum lot size in a R-1 zone, and there are some other lots that are essentially the same
size in the area. The property site is encumbered by some easements. Planning would require
environmental design review approvals.
There being no public input the public hearing was closed.
Councilmember Jensen moved and Councilmember Nixon seconded, to Certify the Negative Declara-
tion.
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 So As To Classify
Certain Real Property to R-1 (Single Family Residential) (34 Redding Way, San Rafael), and
numbering Charter Ordinance No. 1398, 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
12. PUBLIC HEARING - REZONING (Z79-14) SMITH RANCH ROAD AT YOSEMITE ROAD, AP 155-120-81 & 82; FROM
(PLANNED DE ELOPMENT DISTRICT TO P---D-PLANNED DEVELOPMENT DISTRICT, FOR MASTER PLAN
CHANGE TO GARDEN APARTMENT (CAPTAINS'S COVE); INITIATED BY DEBRA HOMES, INC., CHARLES LINTHICUM,
REP. P - Fi 1 e -
Mayor Mulryan declared the public hearing opened.
Staff recommended that the City Council 1) find that the project with the proposed mitigation
measures is adequately covered by the Smith Ranch EIR; 2) amend the Zoning Map from P -D
(Planned Development) District to P -D (Planned Development) District to amend the Smith Ranch
Master Plan to change the land use designation of Area 9B from a swim and tennis club to garden
apartments.
Councilmember Miskimen questioned whether units would be owner -occupied. Mr. Phil Trowbridge,
Vice -President, Debra Homes stated the units will be individually sold as a townhouse project
with no intention and no real ability in today's market for investor -type financing or purchase.
Councilmember Breiner questioned whether the project would be for "adults only" and was told by
Mr. Trowbridge that it would not be.
There being no further public input, the public hearing was closed.
Councilmember Breiner asked staff whether buyers of these units would be adequately protected
from complaints such as were made in the past about Debra Homes' projects. Planning Director
Moore stated that Debra Homes has made some significant personnel changes since that time, and
had presented an extensive package to the satisfaction of both staff and the Planning Commission
which addressed previous concerns.
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code So As To Reclassify
Certain Real Property From P -D (Planned Development) District to P -D (Planned Development)
District With a Change in Land Use (Smith Ranch Master Plan), and numbering Charter Ordinance
No. 1399, 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
13. GRAZING OF SHEEP ON OPEN SPACE LANDS FOR FIRE PROTECTION (PW) - File 13-14-1
471
This item was continued from meeting of July 6th, as staff was directed to notify the homeowners
adjacent to the open space areas proposed for sheep grazing. Public Works Director Bernardi
informed the Council that they had received approximately 24 phone inquiries and all but two
were favorable. The Mont Marin Homeowners Association indicated its favorable reaction as
well. Mr. Don MIlls, the rancher, has indicated that the sheep will be penned up in the
evening far from any residences so as to avoid noise problems at night. Mr. Mills is also
requesting use of the open space until next May.
After further discussion, during which residents of Butternut Drive requested that grazing near
their property not be allowed, Council approved staff recommendation for a three-month trial
period with elimination of open space in Butternut Drive area; monitoring of area to take place
before and after grazing. If at the end of three months no adverse problems are encountered,
then the sheep would be authorized to remain in the open space lands until May 1982.
RESOLUTION NO. 6138 - AUTHORIZING THE SIGNING OF A HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
FOR THE GRAZING OF SHEEP IN CITY OPEN SPACE LANDS
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. STATUS REPORT ON 911 (CM) - File 9-3-31
Staff presented Council with the specifications for San Rafael's needs for participation in the
911 system. The new system is called expanded 911 or E911 and will include Marin and Sonoma
Counties. This is a state mandated program and the specifications were developed by the phone
company after meeting with city staff to determine our current level of service.
Council accepted report for forwarding on to state for determination of state level funding.
15. REPORT ON BINDING ARBITRATION STRATEGY (CM) - File 9-4
City Manager Beyer discussed report outlining proposed strategy, policies and schedule for the
campaign against the binding arbitration measure on the November ballot. The report indicated
the staff activities with respect to ballot measures had been reviewed by William Bullard,
Assistant City Attorney, and were deemed appropriate within the context of pertinent law.
Councilmember Nixon moved and Councilmember Breiner seconded, to;
1) Approve proposed strategey, policies and schedule, and directed staff to initiate work; and
2) Directed staff to draft ballot measure argument against binding arbitration for Council
approval at August 3rd meeting.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. COUNTY URBAN SERVICE AREA/SPHERE OF INFLUENCE STUDY (P1) - File 191
Planning Director Moore advised Council that for the past two years, Marin County has been
revising its Countywide Plan. The latest draft of the recommendations which will be considered
by the Countywide Plan Advisory Committe on July 23, 1981 will include, implementation measures
- prezoning of unincorporated lands within city Urban Service Areas and county deference to
cities review and annexation of unincorporated development areas - would guarantee implementa-
tion of the proposed country policy "to encourage future urban development to occur in the
cities."
After discussion, Councilmember Nixon moved and Councilmember Miskimen seconded, to authorize
Councilmember Breiner to endorse the revised Countywide Recommendations Statement of Policy
sections of Technical Report #12 at the Countywide Plan Advisory Committee meeting on July 23,
1981, including minor modifications recommended by staff in the background section of the
staff report.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. REPORT ON RENT CONTROL INITIATIVE PETITION (CC) - File 9-4
Council accepted report from City Clerk stating that the Rent Control Initiative has qualified
for ballot for November 3, 1981 General Municipal Election; County Clerk has certified that
2,686 signatures were valid, with 2,667 signatures required in order to qualify for the ballot.
18. FINAL ADOPTION - ORDINANCE NO. 1396 - AMENDING TITLE 2, ADMINISTRATION OF THE SAN RAFAEL MUNI-
CIPAL CODE. BY ADDING A NEW CHAPTER 2.40, PUBLIC HEARINGS - File -
CHARTER ORDINANCE NO. 1396, Amending Title 2, Administration, of the San Rafael Municipal Code,
by Adding a New Chapter 2.40, Public Hearings, 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
472
19. FINAL ADOPTION - ORDINANCE NO. 1397 - REZONING CERTAIN REAL PROPERTY FROM THE P -C (PLANNED
COMMUNITY) DISTRICT TO THE P -D PLANNED DEVELOPMENT DISTRICT N. OF BISCAYNE DR. & W. OF
PT. SAN PEDRO RD. P1 - File 10-3 x 166
CHARTER ORDINANCE NO. 1397, Rezoning Certain Real Property From The P -C (Planned Community)
District to the P -D (Planned Development) District (N. of Biscayne Drive and W. of Pt. San
Pedro Road), 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
20. CONSIDERATION OF CALIFORNIA PARKLAND ACT OF 1980 - MARIN COUNTY PRIORITY PLAN FOR EXPENDITURES
Rec - File 4-10-156 x 12 -
Staff is recommending approval of the Priority Plan for Expenditures as recommended by the
Parks and Recreation Director's Committee, as the City will receive direct benefit from two of
the projects being recommended for approval; $147,556 to go directly to the Albert Park Renova-
tion Project which was San Rafael's number one priority project, and Marin County's McInnis
Park to receive $90,000 for adding an additional playfield for soccer and softball. Since the
City's recreation department is the main user of McInnis fields, this addition will greatly
benefit our sports program.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve staff recommendation
that Council's priority setting committee member representative (Councilmember Nixon), vote in
favor of the Priority Plan for Expenditures as recommended by the Parks and Recreation Direc-
tor's Committee.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REQUEST FOR CONSIDERATION OF ACCEPTANCE OF LATE APPEAL ON PLANNING COMMISSION DECISION -
ED - , DESIGN REVIEW OF BAY PARK LIGHT INDUSTRIAL -OFFICE COMPLEX; FRANCISCO BLVD.;
JOE SHEKOU. OWNER; RON GLANDER & ASSOC.. REP. P1 - File -6
Jay Paxon, attorney for Mr. Joe Shekou spoke, requesting leave to present late appeal, stating
he believes the appeal has great merit.
(Councilmember Nixon left meeting).
Staff recommended denial of the request on the basis that the appeal period is 5 days from date
of the Planning Commission meeting where action was taken, namely June 9, 1981, and appeal
letter was received on July 6, 1981.
After discussion, Councilmember Miskimen moved and Councilmember Breiner seconded, to accept
late appeal, with adjacent property owners to be noticed of the date of the public hearing.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
22. ORDINANCE RE POLITICAL SIGNS (CA) - File 9-3-16 x 9-4
An Ordinance of the City of San Rafael, Amending Chapter 8.12 "Miscellaneous Public Offenses,"
Section 8.12.090, Permitting the Posting of Bills on Private Property with the Owner's Consent,
and numbering Charter Ordinance No. 1400, 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
23. PRESENTATION OF AND SCHEDULE FOR HOUSING ELEMENT (P1) - File 9-2-33 x 9-2-6 x 4-3-80
Council agreed to set date of August 3, 1981 at 6:30 PM for Special Meeting with consultant re
Housing Element amendment to the General Plan. Library Board interviews, scheduled for 7:00
PM, same date, to be rescheduled to a later date.
(Councilmember Jensen left meeting)
24. ESTABLISHING OF PARKING AUTHORITY (PW) - File 9-3-40 x (R-172)
At the meeting of July 6, 1981, Council approved the distribution of a request for proposals to
construct the parking structure on Third Street, and directed staff to pursue all financing
mechanisms available. The establishment of a Parking Authority permits the City to take
advantage of financing mechanisms not available to cities, and staff is recommending establish-
ment of a Parking Authority with the City Council to be the Parking Authority.
RESOLUTION NO. 6139 - DECLARING THAT THERE IS A NEED FOR A PARKING AUTHORITY TO FUNCTION IN THE
CITY OF SAN RAFAEL AND DECLARING THE CITY COUNCIL TO BE THE PARKING
AUTHORITY
473
AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
(Councilmember Nixon returned to meeting)
25. REPORT ON ROLE OF CITY IN DEVELOPING ADDITIONAL PARKING AT NORTHGATE SHOPPING CENTER (CM) -
File11-13
Council approved staff recommendation and authorized staff to proceed with discussions with
Northgate concerning the possibility of applying the Parking Authority as a means of implement-
ing additional parking in the Northgate Shopping Center. Staff was also instructed to work on
parking standard requirements at Northgate.
26. RESOLUTIONS RE ELECTION MATTERS - GENERAL MUNICIPAL ELECTION, NOVEMBER 3, 1981 (CC) - File 9-4
RESOLUTION NO. 6140 - 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL
ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT
GENERAL ELECTION;
2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER
ELECTION CONDUCTED ON THE SAME DATE;
3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Jensen returned to meeting)
RESOLUTION NO. 6141 - REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF
QUALIFICATIONS, AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF
CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE
AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6142 - PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF SAN RAFAEL, AND AN
AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AND SUBMITTING
THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION
THEREOF (Re: City Attorney to be appointive rather than elective; Binding
Arbitration for Fire and Police Personnel Initiative; and Rent Control
and Just Cause Eviction Initiative)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6143 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE
COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE
SAN RAFAEL GENERAL MUNICIPAL ELECTION
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM:
REQUEST OF RESIDENTS OF CONTEMPO MARIN MOBILE HOME PARK, FOR PARKING TO BE ALLOWED ON ONE SIDE
OF THE STREET ONLY IN THE AREA - File 9-2-2
Council agreed to refer request of residents of Contempo Marin Mobile Home Park, for parking to
be allowed on one side of the street only in the area, to the Mobile Home Park Commission for
review and comment.
City Council adjourned to closed session to discuss pending litigation.
City Council then reconvened in public session and unanimously approved payment of $1,400 to William
F. Boitano, Claim No. 3-1-568, and authorized staff to negotiate settlement for one-half the amount
of claim of David H. Plato, Claim No. 3-1-558.
The City Council adjourned to their next regular meeting on August 3, 1981.
A M. LEONCINI, City Clerk
APPROVED THIS /7_'hDAY OF 1981
MAYOR OF THE CITY OF SAN RAFAEL
474
In Council Chambers of the City of San Rafael, Monday, August 3, 1981, at 6:30 PM.
Special Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
John A. Miskimen, Councilmember
Absent: Lawrence E. Mul ryan, Mayor
Jack G. Nixon, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk ;
Edmund A. Duggan, City Attorney
RE: HOUSING ELEMENT WORKSHOP (P1) - File 9-2-33 x 9-2-6 x 4-3-80
Acting Mayor Jensen called upon Planning Director Moore, who gave a brief presentation, stating
that the Housing Element must be adopted in September since it is to be submitted to Sacramento
by October 1, 1981. Ms. Moore then introduced Meg Monroe of Ironside & Associates, who gave an
overall review of the methodology used in reaching the determinations outlined in the Housing
Element, including Analysis of Population with projections, Quantified Housing Needs, Standard
and Plans for Providing Adequate Lower Income Housing Opportunity Areas, Housing Targets 1985,
and Rental Assistance, which were issues considered important in the preparation of the Element.
Council requested that staff determine if the Buck Foundation is still open for additional
funding for the Rental Assistance Program.
The City Council agreed to hold two public hearings, the first on Monday, August 17, 1981, and
the second on Tuesday, September 8, 1981.
J ANNE M. LEONCINI, City Clerk
APPROVED THIS I'M RXYj OF
*** *** *** *** ***
1981
ING MAY09 OF /THE CITY OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, August 3, 1981, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
and Regular Meetings of July 6, 1981 (CC)
2. Agreements Between City of San Rafael
and County of Marin re: (Red -
File 4-13-32
a. Community Contract Service Agree-
ment for Funding Terra Linda Senior
Citizens Program for July 1 through
December 31, 1981.
b. Community Contract Service Agree-
ment for funding San Rafael
Goldenaires Program for July 1
through December 31, 1981.
Recommended Action
Approved as submitted.
RESOLUTION NO. 6144 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin for funding Terra Linda
Sr. Citizens Program for July 1 through
December 31, 1981)
RESOLUTION NO. 6145 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin for funding San Rafael
Goldenaires Program for July 1 through
December 31, 1981)
3. Extension of Time for Applications,
Board of Library Trustees (CC) -
File 9-2-3
4. Bid Opening - Award of Contract for
Banking Services (Fin) -
File 4-10-59
475
Extended time for receipt of applications
to noon, August 12, 1981, and set interviews
of applicants for 7 PM on Monday, August 17,
1981.
RESOLUTION NO. 6146 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Security Pacific National Bank, for
Banking Services, September 1, 1981 through
August 31, 1984)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED: COUNCILMEMBERS: Breiner - Abstained only from approval of minutes of meetings held
July 6, 1981, due to absence.
5. PUBLIC HEARING - APPEAL BY ONE WAY PORTION OF WINDSOR AVENUE HOMEOWNERS, OF PLANNING COMMISSION
DECISION: V81-8, REQUIRED PARKING WITHIN FRONT SETBACK; WINDSOR AVENUE; CLAUDE MIKE HENDER-
SON, OWNER; RON GLANDER & ASSOC., REP.; AP 10-301--12 P1 - File -
Acting Mayor Jensen declared the public hearing opened.
Planning Director Moore outlined the appeal, stating that the applicant requested approval of
a variance to permit parking within the front setback for property with an extremely steep
upslope. Under the proposed plan, parking would be located parallel to the front property line
as opposed to behind a conventional driveway which would require massive grading. Staff recom-
mended that the City Council uphold the Planning Commission decision by adopting a proposed
resolution with conditions.
Council then heard from residents of the area, who voiced their concerns. They were Joan
Erskine, who was concerned about the blasting which would be required, as well as the design of
the house; Finbar O'Driscoll, who is the spokesperson for the One -Way Portion of Windsor Avenue
Homeowners Association, stated that he too is concerned about the blasting but that if a
one-story home is built there should not be too much blasting, and he is very much concerned
with the parking variance; Glena Coleman's concern was mainly with the offstreet parking and
the possibility of an unsightly retaining wall; Bill Harney was also concerned with the wall
and with the design of the house, feeling it would be a "monstrosity".
Mike Henderson, owner of the property, addressed the Council, stating that the plan calls for
only four -foot redwood retaining walls, and that he will go along with any sensible suggestions
as to how he can have off-street parking.
There being no further public input, the hearing was closed.
Council discussed the proposed Resolution which contains findings of fact and conditions of
approval, dealing with the steep upslope and necessity for a variance to preclude major excava-
tion. The four conditions involve requiring a soils report subject to geotechnical review;
residence stepped up the hill with the appearance of a one-story structure; structure set back
a total of 28 feet which will include a ten -foot paved parking pad, a three-foot planter
between retaining walls, and a fifteen -foot area to be landscaped/irrigated to provide an
instant effect to mitigate the impact of the residence. A covered entranceway may encroach
into the 15 feet no more than 8 feet. Finally, building materials will be consistent with
those found on existing houses on Windsor Avenue.
After further discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to
adopt the Resolution as proposed, with the findings of fact and conditions of approval.
RESOLUTION NO. 6147 - DENYING THE APPEAL OF A VARIANCE (V81-8) GRANTED BY THE SAN RAFAEL
PLANNING COMMISSION TO PERMIT PARKING WITHIN THE FRONT SETBACK AT
98 WINDSOR AVENUE (AP 10-301-12)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Nixon
NOES: COUNCILMEMBERS: Acting Mayor Jensen
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Planning Director Moore stated that she would be glad to explain the conditions to any neighbors
who are concerned about them.
6. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT TO CREATE C-4 (DOWNTOWN COMMERCIAL) DISTRICT. RE-
ZONING,
E-
Z N , FROM: C- -DRD (GENERAL COMMERCIAL -DOWNTOWN REVIEW) DISTRICT, T0: C- -DRD (DOWNTOWN
COMMERCIAL -DOWNTOWN REVIEW DISTRICT, FOR PROPERTIES FRONTING FOURTH ST. BETWEEN LINCOLN AVE.
AND D STREET P1 - File 0 -
Acting Mayor Jensen declared the public hearing opened.
City Manager Beyer informed the Council that the public hearing had been continued to this
meeting for consideration of Courthouse Square being included, but it was found that their
zoning is even more restrictive than this proposed rezoning so it will not be necessary to
include that property. It is already within the C-3 (Retail Commercial) District.
Planning Director Moore reported that staff has reviewed the access to alleyways behind build-
ings which front on Fourth Street. This point had been raised by Mrs. Marie Sessi in regard to
the annex at the Burchard -Hess Hotel. Staff has found that in no case is there a free-standing
structure which faces a rear accessway, even though it is located on a property which fronts
Fourth Street, and that the buildings to the rear of the Sessi property, the Radio Shack, and a
few other locations are all connected to the other buildings on the properties which do front
on Fourth Street. Staff does not recommend that a zoning district boundary bisect a single
parcel, nor a connected structure, and for that reason staff recommends that there be no
modification to the rezoning as recommended by the Planning Commission.
Mrs. Marie Sessi addressed the Council, stating that the annex at the rear of the Burchard -Hess
Hotel is actually a separate building, and is residential only, renting at very low cost. She
was concerned that if the area is rezoned she would be forced to obtain a use permit each time
there was a change in tenancy.
Mrs. Moore stated that such a permit would not be required for residential but that if Mrs.
Sessi wanted to convert the building to office space and the existing C-2 zoning remains, she
could do so with no City approval required. If we rezone that portion of the property to the
proposed C-4 District she would need a use permit to convert those residential units to offices.
She would not need a use permit for change of tenants while the building is residential.
There being no further public input the public hearing was closed.
Council agreed with staff's recommendation regarding the Sessi property.
Councilmember Miskimen asked, regarding Courthouse Square, about the difference between C-3 and
C-4 zoning regarding a use permit for retail. Mrs. Moore stated that there is no difference as
far as the use permit for retail is concerned. Retail would be a use by right in either
zoning, C-3 and C-4. The requirement for a use permit for offices and financial institutions
is also the same for C-3 and C-4. All of the financial uses in the area are operating under
permits.
Councilmember Breiner moved and Councilmember Miskimen seconded, to certify a Negative Declara-
tion.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
An ordinance of the City of San Rafael, Amending Title 14 of the San Rafael Municipal Code
(Zoning Ordinance) by Adding Chapter 14.47, C-4 (Downtown Commercial District), and numbering
Charter Ordinance No. 1401, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify
Certain Real Property on the North Side of Fourth Street Between "D" and "A" Streets and
Between Court Street and Lincoln Avenue and Certain Real Property on the South Side of Fourth
Street Between "D" Street and Lincoln Avenue from C-2-DRD (General Commercial -Downtown Review)
District to C-4-DRD (Downtown Commercial -Downtown Review) District, and numbering Charter
Ordinance No. 1402, was read, introduced and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
(Councilmember Miskimen left meeting)
7. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT (Z81-13) TO ADD NEW C-R (COMMERCIAL RECREATION)
DISTRICT AND RELATED ZONING ORDINANCE REVISIONS P1 - File 10-3 x 166
Acting Mayor Jensen declared the public hearing opened. There being no public input the public
hearing was closed.
Planning Director Moore informed the Council that this rezoning was primarily to implement the
Peacock Gap Neighborhood Plan. She had hoped to include the Peacock Gap Golf & Country Club,
but Joseph Lemon, attorney for the owners of that property, informed her that they will arrive
here soon from Japan and that subject can be discussed with them at that time.
Councilmember Nixon moved and Councilmember Breiner seconded, to certify the Negative Declara-
tion.
AYES: COUNCILMEMBERS: Breiner, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
Councilmember Nixon moved and Councilmember Breiner seconded, to approve staff recommendations
'a' through 'g' of the staff report regarding the proposed zoning revisions.
477
An Ordinance of the City of San Rafael, Amending Various Sections of the San Rafael Municipal
Code Title 14 Concerning Commercial Recreational Uses, and numbering Charter Ordinance No.
1403, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
Council agreed that the proposed resolution directing staff to initiate rezoning should be
brought back after meetings are held with the owners of the Peacock Gap Golf and Country
Club.
(Councilmember Miskimen returned)
8. AGREEMENT AND RESOLUTION CERTIFYING NEGATIVE DECLARATION RE QUAIL HILL (CM) - File 10-6
Council reviewed a staff report recommending that they adopt a resolution approving a Negative
Declaration, and a resolution authorizing signing of an Agreement Regarding Quail Hill Plateau.
City Attorney Duggan presented the Council with a memorandum stating that in his opinion the
Council is risking being charged with commission of an ultra vires act if they proceed with the
approval of this project without an EIR. Assistant City Attorney Bullard, when asked for his
opinion by the Council, stated that ultra vires is generally an offense when a City attempts to
get out of a contract, and he fails to see the applicability in this instance.
Douglas Colbert, president of the Council of Presidents of the Terra Linda Valley, agreed with
Mr. Duggan. Pat Tyrell -Smith, president of the Santa Margarita Homeowners' Association, stated
that Mr. Colbert's views are not those of his homeowners' association.
Councilmember Breiner asked Planning Director Moore about the amount of power the Planning
Commission would have over the project if a Negative Declaration is certified. Mrs. Moore
replied that if a Negative Declaration is approved by the Council it is considered a judgment
that there will be no impact, and the Commission will be somewhat limited in design changes.
They would be looking at finished details, location and design. Councilmember Breiner stated
she could not vote for a Negative Declaration, because the City would not have ultimate control,
and she feels there should have been a focused EIR on the visual impact.
Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the mitigated Negative
Declaration.
RESOLUTION NO. 6148 - CERTIFYING THE NEGATIVE DECLARATION FOR THE QUAIL HILL EXPANSION PROJECT
AYES: COUNCILMEMBERS: Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 6149 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Quail
Hill, Inc., re expansion project)
AYES: COUNCILMEMBERS: Miskimen, Nixon & Acting Mayor Jensen
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Due to the number of people present in connection with Item No. 24, Staff Reports re Rent
Control/Mediation, this item was heard out of sequence.
24. STAFF REPORTS RE RENT CONTROL/MEDIATION: File 9-4 x 9-2-35
a. Analysis of Proposed Rent Control Initiative Ordinance.
b. Consideration of Rent Mediation Alternative.
City Manager Beyer presented an anlysis of the proposed Rent Control Initiative Ordinance. He
stated that certain provisions within the ordinance would be very costly to the City, both in
staff time and in the administrative expenses caused by formation of a Rent Control Board.
Other cities whose residents have voted for a similar measure have found the results to have a
very heavy impact on their budgets.
With regard to Rent Mediation Alternative, Mr. Beyer suggested that he arrange meetings with
property owners and renters, and representatives of related organizations, to develop more
detailed alternatives for Council consideration. Council agreed, and asked him to do so.
Council then heard from a number of residents who have serious problems with a landlord in San
Rafael who has raised their rents sharply, after just buying the apartment complex.
A number of residents urged the Council to back the rent control ballot measure, and others
stated they thought it was wiser for the Council not to.
Acting Mayor Jensen turned the meeting over to Councilmember Nixon, and asked that he preside
as Acting Mayor for the balance of the evening. Councilmember Jensen then left the meeting
returning shortly after.
Councilmember Breiner stated she understands that AB 256 (McCarthy) would make it unlawful to
discriminate against families with children.
478
Councilmember Breiner then moved, and Acting Mayor Nixon seconded, to send a letter to represen-
tatives on the Senate local government committee stating the City's support of AB 256.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Jensen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
9. APPROVAL OF AGREEMENT WITH CITY AND VIACOM CABLEVISION (CA) - File 9-7-4
Assistant City Attorney Bullard informed the Council that since AB 699 was passed in 1979
permitting qualified cable operators to raise rates unilaterally without permission of the
relevant cable franchisor, he is recommending that the proposed agreement be adopted by resolu-
tion. The agreement raises primary service to $8.95 per month, with senior citizen rates
remaining at $2.00 per month (for those who qualify). The effective date is July 1, 1981 and
termination date is January 1, 1984.
RESOLUTION NO. 6150 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Viacom,
regarding rates and consumer service)
AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Mayor Mulryan
(Councilmember Miskimen left meeting)
10. REPORT ON LOT MERGER ORDINANCE (P1) - File 190
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the staff recommenda-
tion and direct that a lot merger ordinance be prepared and submitted to the Planning Commission
for review and recommedation to the Council.
AYES: COUNCILMEMBERS: Breiner, Jensen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan
(Councilmember Miskimen returned)
11. REPORT RE ANALYSIS OF MANAGEMENT AND OPERATIONS OF THE POLICE DEPARTMENT (CM) - File 4-10-146 x
9-3-30
Council agreed to set a meeting for the early part of September for discussion of the analysis
between the Council and the Police Advisory Commission.
(Councilmember Breiner left meeting)
12. PURCHASE SCHEDULE FOR REPLACEMENT OF CITY VEHICLES FOR FY 1981/82 (CM) - File 9-3-12
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve staff recommendations
for Vehicle Replacement Program for 1981/82.
AYES: COUNCILMEMBERS: Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan
13. IMPLEMENTATION OF LONG-RANGE PLAN RE FALKIRK COMMUNITY CULTURAL CENTER (Rec) - File 4-10-137 x
13-14-2
RESOLUTION NO. 6151 - AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO SAN FRANCISCO FOUNDATION
($15,000, for technical assistance to develop long-range plan)
AYES: COUNCILMEMBERS: Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan
RESOLUTION NO. 6152 - AUTHORIZING STAFF TO SUBMIT GRANT REQUEST TO CALIFORNIA ARTS COUNCIL
($10,000, for technical assistance to develop long-range plan)
AYES: COUNCILMEMBERS: Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Mayor Mulryan
(Councilmember Breiner returned)
14. DRAFT ORDINANCE RE NEWSPAPER HAWKING (CA) - File 2-11
Item continued to meeting of August 17, 1981, when Mayor Mulryan will be present.
15. FINAL ADOPTION - ORDINANCE NO. 1398 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE SO AS TO CLASSIFY CERTAIN REAL
PROPERTY TO R- SINGLE FAMILY RESIDENTIAL) (34 REDDING WAY, SAN RAFAEL P1 - File 10 -
CHARTER ORDINANCE NO. 1398 - An Ordinance of the City of San Rafael Amending the Zoning Map,
Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Classify Certain Real
Property to R-1 (Single Family Residential) (34 Redding Way, San Rafael), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
4i�
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
16. FINAL ADOPTION - ORDINANCE NO. 1399 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED
BY REFERENCE BY SECTION 1 .15.020 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPER-
TY FROM P -D PLANNED DEVELOPMENT) DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT WITH A CHANGE
IN LAND USE (CAPTAIN'S COVE SMITH RANCH MASTER PLAN P1 - Fi e 10 -
CHARTER ORDINANCE NO. 1399 - An Ordinance of the City of San Rafael Amending the Zoning Map,
Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain
Real Property from P -D (Planned Development) District to P -D (Planned Development) District
With a Change in Land Use (Captain's Cove) (Smith Ranch Master Plan) was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
17. FINAL ADOPTION - ORDINANCE NO. 1400 - AMENDING CHAPTER 8.12 "MISCELLANEOUS PUBLIC OFFENSES",
SECTION 2. 9 , PERMITTING THE POSTING OF BILLS ON PRIVATE WITH THE OWNER'S CONSENT CA -
Fi 1 e 9 - 3 - x -
Assistant City Attorney Bullard recommended to the Council that this Ordinance not be adopted
as written, but that he be directed to rewrite and republish the Ordinance to reflect posting
of bills and political signs on public and private property.
Item continued to meeting of August 17, 1981, for a revised Ordinance to be submitted for
approval.
18. COMMUNICATION FROM BUSINESS IMPROVEMENT DISTRICT RE PARKING METER TIME CHANGES (CM) -
File 183 x -
Council referred a communication from the Business Improvement District, regarding suggested
time changes on parking meters, to staff for review and recommendation, to be agendized for the
August 17, 1981 meeting.
19. CITY/COUNTY COORDINATION ON LAND DIVISIONS (P1) - File 9-3-17 x 113
Planning Director Moore informed the Council that at the present time there is no monitoring
syustem available to Marin County local planning agencies regarding alleged illegal land
divisions, and that City/County coordination between local planning agencies and the County
Assessor's Office could possibly rectify the situation. This would enable local planning
agencies to correct improper land divisions close to the time when they occur. It was staff's
suggestion that the matter be referred to the Marin County Council of Mayors and Councilmembers
for consideration and joint action and coordination with the County Assessor.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve staff recommendation
and refer the matter to the Marin County Council of Mayors and Councilmembers.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
20. REPORT BY CITY ATTORNEY ON ELIZABETH WAY/GRANDI SUBDIVISION (CA) - File 5-1-248
Council heard an opinion from City Attorney Duggan, that the fact of changing the subdivision
from four to three lots should result in a new action, and since it was part of a negotiation
between the City and the owners of the property, it should be treated as a new project.
Assistant City Attorney Bullard gave a chronological review of the litigation and its settle-
ment, in which there was a Stipulation and Settlement Agreement from Marin County Superior
Court in which the City of San Rafael is directed to approve the Tentative Parcel Map of
Elizabeth Way Subdivision subject to the recommended conditions set forth on the "Approval of
Parcel Map".
Council then heard from various neighbors about their concerns regarding stability of the soil,
and the fact that this area is adjacent to a dangerous curve on Elizabeth Way where cars have
been known to leave the road when going down the grade.
Property owners Charles Grandi informed the Council that his soils engineer Mr. Herzog, is
signing the letter required by Public Works Department attesting as to the condition of the
soil.
After discussion it was agreed that the project is to proceed, and that the Traffic Engineer is
to look into possible improvement of the dangerous curve on Elizabeth Way.
21. REQUEST FOR CITY ASSISTANCE RE COUNTY -WIDE TRAIL SYSTEM (Red - File 13-14-1
RESOLUTION NO. 6153 - APPROVING IN KIND SERVICES TO ASSIST MARIN COUNTY OPEN SPACE DISTRICT IN
DEVELOPING A COUNTY -WIDE TRAILS PLAN (Providing in-kind services equiva-
lent to $1,000 in labor)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
22. IMPARTIAL ANALYSIS OF BALLOT MEASURES (CA) - File 9-4
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the impartial analysis
for Ballot Measures E, making City Attorney position appointive rather than elective; F,
Binding arbitration for Fire and Police personnel; and G, rent control and just cause eviction.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
23. REQUEST FOR APPROVAL OF BALLOT ARGUMENTS (CM) - File 9-4
After discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to remove
Measure E, regarding an appointed City Attorney.
RESOLUTION NO. 6154 - AMENDING RESOLUTION NO. 6142 BY DELETING SECTION "A" WHICH PROPOSED AMEND-
MENT TO CHARTER OF CITY OF SAN RAFAEL REGARDING OFFICE OF CITY ATTORNEY
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Acting Mayor Nixon explained that a job description will be prepared for the City Attorney
position, including duties and responsibilities, to be discussed in detail with the City
Attorney.
Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the ballot argument
against Measure F, Binding Arbitration for Fire and Police Personnel.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the ballot argument
against Measure G, Rent Control and Just Cause Eviction.
AYES: COUNCILMEMBERS: Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED:COUNCILMEMBERS: Breiner (Councilmember Breiner explained that her abstention was due
to the fact that this subject will be a campaign issue)
25. LEGISLATION AFFECTING SAN RAFAEL (CM) - 9-1
Councilmember Miskimen moved and Councilmember Breiner seconded, to take the position of
opposing AB 2133 (Mountjoy), which is due to be heard August 11 or 18th by the Senate Committee
on Judiciary, and deals with indemnity of contractors on City projects.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ITEMS FOR DISCUSSION AT REQUEST
OF MAYOR AND COUNCILMEMBERS
26. CONSIDERATION OF PROPOSED USES OF DUFFY'S GARAGE PROPERTY (Pl) - 9-1
Councilmember Breiner had requested that staff look into possible uses for the Duffy's Garage
property at Third and "C" Streets. The Planning staff report indicated that the property is
zoned C-2 (General Commercial) District.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to request
staff to develop recommendations regarding possible ten-hour parking on a short-term basis, as
soon as feasible.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ADD ITEM:
DOLE ANNEXATION (P1) - File 5-2-85 x 166
(Councilmember Miskimen left)
RESOLUTION NO. 6155 - INITIATING PROCEEDINGS FOR DOLE ANNEXATION (Peacock Gap Area - Amended
to include McNear Beach County Park and Draper Parcels)
Ji
AYES: COUNCILMEMBERS: Breiner, Jensen & Acting Mayor Nixon
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
ABSTAINED:COUNCILMEMBERS: Miskimen (Abstained due to possible conflict of interest)
The City Council adjourned to their next regular meeting on August 17, 1981.
i
`'�.-:AW
APPROVED THIS J74- DAY OF 1981
ACTIYOR OF TH CI OF SAN RAFAEL
In Room 201 of the San Rafael City Hall, Monday, August 17, 1981, at 7:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
RE: INTERVIEWS OF APPLICANTS FOR BOARD OF LIBRARY TRUSTEES - File 9-2-3
The City Council interviewed three applicants for the vacancy on the Board of Library Trustees
caused by the resignation of James H. Mayer:
James S. Greenan
Claire McMenamy-Berger
James King
After discussion, Councilmember Breiner moved and Councilmember Jensen seconded, to appoint
James S. Greenan to fill Mr. Mayer's unexpired term, which runs until April 1983.
AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen & Nixon
J A M. LEONCINI, City Clerk
APPROVED THIS 8-�! DAY OF P 1981
MAYOR OF THE CITY �OFAN RAF L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, August 17, 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
482
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 July 20 and August 3, 1981 (CC)
2. Resolutions Setting Property Tax Rates
for General Obligation Bonds (Fin) -
Film 9_19_1
3. Call for Applications to Fill Vacancy
on Fire Commission (CC) -
Film q_p_;
4. Time Extension of Tentative Map of
Oakwood Subdivision (P1) -
File 5-1-244
5. Approval of Agreement with County
of Marin re Rental of Marin Center
for Recreation Classes (Rec) -
File 4-13-58
6. Change in Meeting Date Due to Labor Day
Holiday (CC) - File 9-1
7. Request for Hearing of Late Appeal on
Planning Commission Decision - SR81-30,
Amendment to "French Quarter" Sign
Program and Variance to Permit Neon
Sign; 610 Third., 901/911 Irwin St.
(P1) - File 10-11
Recommended Action
Approved as submitted.
RESOLUTION NO. 6156 - FIXING THE RATE OF
TAXES FOR FISCAL YEAR 1981/82 ($.032, pay-
ment of principal and interest on general
obligation Open Space bonds and Terra Linda
Rec. Dist. bonds assumed by City of San
Rafael)
RESOLUTION NO. 6157 - FIXING THE RATE OF
TAXES FOR FISCAL YEAR 1981/82 ($.052, pay-
ment of principal and interest on general
obligation Sewer Bonds, on Open Space Bonds,
and for payment of principal and interest on
Terra Linda Rec. Dist. bonds assumed by City
of San Rafael January 1, 1973)
Approved staff recommendation to call for
applications, deadline noon on September
3rd, interviews 7 PM on September 8th. One
vacancy due to demise of Commissioner Jim
Kean; interview of Clifford Elbing for
reappointment.
Approved staff recommendation to extend
time for Tentative Map to March 28, 1982.
RESOLUTION NO. 6158 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/County
of Marin, Marin Center, for Exhibition Hall
for Bod Squad Classes July 21 thru December
31, 1981)
Approved setting meeting date for Tuesday,
September 8, 1981.
Agreed to hear late appeal on September 8,
1981.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED:COUNCILMEMBERS: Mayor Mulryan - Abstained only from approval of minutes of August 3,
1981 meeting, due to absence.
MINUTES OF REGULAR MEETING OF JULY 20, 1981 (CC)
Councilmember Breiner requested an addition to the last sentence on the second paragraph of
Item 13, page 4, of the July 20, 1981 minutes, regarding the grazing of sheep on open space
lands for fire protection, so that the sentence would read, "If at the end of three months no
adverse problems are encountered, then the sheep would be authorized to remain in the open
space lands until May 1982, with monitoring to continue during that period".
Councilmember Breiner then moved and Councilmember Nixon seconded, to approve the minutes of
the regular meeting of July 20, 1981, with the amendment as stated above.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - DISCUSSION OF DRAFT HOUSING ELEMENT (Pl) - File 9-2-33 x 4-3-80
Mayor Mulryan declared the public hearing opened. He stated that no decisions will be made at
this hearing on any phases of the Housing Element.
Mayor Mulryan stated that he realized a large number of residents had come to discuss the use
of the Hartzell School site, but that this is only a small part of the Housing Element. Al-
though the San Rafael Housing Corporation is working on a plan for 96 units of low and moderate
income housing on the site, the San Rafael School District has not yet declared the property
surplus and no plans have been submitted.
4S3
Planning Director Moore outlined the revised draft housing element, and stated that if the
Hartzell School site were to become a housing development it would have to be considered by the
Planning Commission for an amendment to the zoning ordinance. Ms. Moore pointed out a handout
she was distributing at the meeting, giving the salary structures of "low" and "moderate"
incomes, indicating that within this category were police, firemen, nurses, secretaries,
dental assistants, and similar occupations.
Attorney Peter Breckhus, representing the Terra Linda Property Owners' Association, asked that
the draft not be adopted without at least amending a statement at the bottom of page 35, which
says that "acknowledges these areas as suitable for such housing" in connection with a list
which includes the Hartzell School site. He enlarged upon reasons why that site would not be
suitable for low income housing.
Darby Beatham of the Terra Linda Valley Property Owners' Association presented a petition with
425 signatures, stating that the petitioners were opposed to high density, low income family
housing on the Hartzell School site, and that any proposal for the site should protect the
neighborhood from the type of urban development which would destroy its natural qualities.
Larry Simmons of the Terra Linda Property Owners' Association addressed the traffic problem as
outlined on page 32 of the draft, and asked for a traffic counter for the intersection of
Golden Hinde and Los Ranchitos. He stated that the traffic on Golden Hinde at present is quite
heavy and there are many blind curves and that additional traffic would compound the problem.
John Gaskin of 9 Sussex Court, asked that there be a low density development rather than a
major project.
James Ring, AIA, secretary of the Housing Corporation, stated that the long-term effects are
not being considered at this time, with expediency seeming to be the driving force. He stated
that he is against subidies for development of this type of site.
Margaret Hosier of 5 Golden Hinde Boulevard expressed concern over vandalism if the area became
heavily populated with low income housing.
Shirley Fischer of 19 Cermenho Court stated she feels the school district should be hesitant
about declaring more schools surplus because, with the heavy enrollment at present in kinder-
garten there will be a need for elementary schools in the near future.
Nancy Greenfield from Casa Ranchitos stated that she is a long-time employee of County of
Marin, and her salary would fall within the criteria listed for low income. She warned of too
many stereotypes, and felt that low and moderate income housing should be considered.
Samuel DiGiacomo stated that the City has a moral obligation to provide housing to all citizens
of San Rafael. He feels that the Planning Commission has weakened the Housing Element plan by
its amendments.
Mildred Devlinson expressed her concern regarding vandalism; Marie Sessi suggested condominiums
or town houses with a percentage of moderate income dwellings on the Hartzell site; Ailene
Taylor, a member of the CAC on the Housing Element, suggested that on page 37 of the plan,
under Action Program, there be added "Many of these actions also addressed moderate income
housing needs". Ms. Taylor also spoke against discrimination against families with children.
Chris Oliva, who had lived for 19 years across the street from Hartzell, stated he cannot
afford to live in his own neighborhood at the present prices for property.
Col. James McKenna spoke for affordable housing so the young people of today can stay in Marin
County.
Herbert Nienstedt of Marin Property Owners Association, urged specifics in development standards
approved by the City, and asked that addition of "inclusionary units" or other special housing
requirements be approached with caution.
Bill Pryor of Clorinda Avenue, referred to paragraph C13 on page 43 of the plan, regarding
allowance of second units. He urged that the areas of West End, Neighborhoods 13/14, Bret
Harte and Gerstle Park not be included in permits for second units. He stated there are
already too many second units in those areas, and even third units in some.
There being no further public input the public portion of the hearing was closed.
Council then entered into considerable discussion on the various aspects of the plan. Council -
member Breiner suggested that before detailed discussion is held on second units, staff research
what effect there would be on assessments. Councilmember Breiner then made suggestions on
items to be included in the Housing Element such as, any family housing project should include
a reasonable mix of affordable low and moderate income housing units. Mayor Mulryan agreed
that would be a subject for discussion at the continued public hearing on September 8th. Mrs.
Breiner then suggested that there be a statement in the plan that no approval should be granted
by the Planning Commission and the City Council for and affordable housing project unless a
finding can be made that there will be no adverse affect upon the neighborhood as a result of a
cumulative impact of such housing project in the area. On page 35, Mrs. Breiner suggested that
the sentence "It does mean that the community acknowledges those areas are suitable for such
housing" (below the list of 10 examples of suitable sites), be deleted entirely. Mayor Mulryan
responded that the phrase "may be suitable" might be preferable, and Mrs. Breiner agreed.
In connection with discrimination against families with children for rental housing, Mrs.
Breiner announced that AB 265 which the Council had endorsed had passed the Assembly, was
recently heard by the Senate Local Government Committee and will soon be before the Senate and,
if successful, will eliminate the discrimination against families with children.
Councilmember Miskimen then suggested, in connection with the list of examples of sites for
lower income housing on page 35 of the plan, that the total acreage of the ten sites is 88.6
which is more than ample for the 145 to 240 units which the plan states are needed.
Councilmember Miskimen then moved and Councilmember Jensen seconded, to direct staff to delete
Example No. 1 (Hartzell Elementary School site) and Example No. 2 (San Pedro Elementary School
site) from the list of examples of sites.
AYES: COUNCILMEMBERS: Jensen & Miskimen
NOES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
Motion failed.
Councilmember Nixon stated that he was not prepared to vote on sites at this hearing, and that
he would like to discuss various points with some of the people who spoke tonight before making
any decisions.
Councilmember Breiner suggested that staff might look toward rewording of the title above the
list of ten suggested sites, and Mayor Mulryan agreed.
Councilmember Miskimen stated he would like to discuss, at the meeting on September 8th, items
C11 and C13 on page 43, and item A4 on page 39. He intends to suggest significant changes in
those areas.
Mayor Mulryan asked that the Council furnish staff with their specific thoughts on the various
aspects so they may be prepared with answers at the next meeting. Councilmember Breiner stated
she would like to hear more about what kind of zoning would be required if rezoning is neces-
sary, whether it would be P -D or another.
Planning Director Moore stated they will be ready with replies to the concerns expressed. She
stated she would anticipate additional public testimony on September 8th, consideration of some
changes, and then scheduling of final adoption at the September 21, 1981 meeting.
9. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-84(b), DESIGN REVIEW OF BAY
PARK LIGHTINDUSTRIAL-OFFICE COMPLEX; FRANCISCO BOULEVARD; JOE SHE 0 , OWNER; RON G ANDER
& ASSOC., REP.; AP 9-161-22, 3 & 42 AND 9-290-01, 02 & (PT)---- File 0 -
Mayor Mulryan opened the public hearing and continued it to September 8, 1981, at request of
staff, with concurrence of appellant.
10. PUBLIC HEARING - ZONING ORDINANCE AMENDMENT (Z81-16), TEXT CHANGES RELATED TO MOBILE HOMES AND
MANUFACTURED HOUSING P1 - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input the public
hearing was closed.
Planning Director Moore informed the Council that SB 1960, which went into effect July 1, 1981,
requires that cities allow certified mobile homes in all zones where single family homes are
permitted. Alternatively, areas can be designated where mobile homes are deemed "compatible",
and the mobile homes must meet all zoning and building standards, setbacks, height limits,
etc., which also apply to conventional single family homes. However, architectural standards
for mobile homes must be limited to roof overhang, roofing and siding materials.
Staff is recommending three options which are available: 1) Requiring Design Review of all
single family homes; 2) Requiring issuance of a "Certificate of Compatibility" for mobile
homes; and 3) Designating "compatible" sites for mobile homes. The Planning Commission unani-
mously recommended a "Certificate of Compatibility" approach. Staff, therefore, is recommending
certification of a Negative Declaration for proposed Zoning Ordinance changes, passing to print
an Urgency Ordinance to amend Title 14 of the Municipal Code relating to mobile homes, and adop-
tion of a Resolution establishing a specific fee for processing certificates of compatibility.
Councilmember Jensen objected to Compatibility Criteria No. 8 of the proposed Chapter 14.14
"Mobile Homes", which stated "The roof pitch is not less than three inches vertical rise for
each 12 inches of horizontal run". Planning Director Moore stated this could be modified to
stipulate that the roof pitch would be consistent with the neighborhood character, or compatible
with surrounding homes. The Council agreed to the latter wording, that the roof pitch of the
mobile home shall be compatible with other homes in the neighborhood.
Councilmember Breiner then moved and Councilmember Miskimen seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Nixon seconded, to adopt the Urgency Ordinance re
Zoning, as amended (Item 8 of the Compatibility Criteria).
485",
CHARTER ORDINANCE NO. 1404 - An Urgency Ordinance of the City of San Rafael, Amending Title 14,
Zoning, of the San Rafael Municipal Code Relating to Mobile Homes, 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
RESOLUTION NO. 6159 - ESTABLISHING A SPECIFIC FEE FOR PROCESSING CERTIFICATES OF COMPATIBILITY
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - REZONING (Z80-14) "VICTORIAN GLEN"; SAN PABLO AVENUE & NORTH SAN PEDRO ROAD,
AP 179-321-01 & 23, FROM: U UNCLASSIFIED DISTRICT, TO: P -D PLANNED DEVELOPMENT DISTRICT
- File -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the name of this development will be changed
because the architecture will not be victorian but will be compatible with the area. The 34
condominium units were approved by the Planning Commission on July 28, 1981.
Attorney Jay Paxton, representing the owner of the property, informed the Council that he
agrees with the findings of the Planning commission and added that six of the units will go to
people working on the East side of Highway 101. He stated that the prices of the units will be
held to within $10,000 of the $120,000 to $150,000 if the necessary permits are issued by the
Las Gallinas Valley Sanitary District. If the delay is longer than one year, the prices may
have to be adjusted.
There being no further input the public hearing was closed.
Councilmember Jensen moved and Councilmember Breiner 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, 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 (San Pablo Avenue & North San Pedro Road), and numbering Charter
Ordinance No. 1405, 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
12. URGENCY ORDINANCE AMENDING PROVISIONS OF SAN RAFAEL MUNICIPAL CODE GOVERNING BILL POSTING AND
POLITICAL SIGN PLACEMENT ON PUBLIC AND PRIVATE PROPERTY CA - File 9-3-16 x 9 -
Council reviewed a staff report from Assistant City Attorney Bullard, stating that a previously
submitted ordinance addressing election signs failed through oversight to include provisions
which specifically governed the posting of campaign signs, bills or posters on utility poles
and specific mention of bills and posters on private property. The Urgency Ordinance being
proposed covers all of the above provisions. This is being presented as an urgency measure in
that campaigns are imminent and the ordinance must be passed expeditiously so that candidates
may commence the posting of political signs.
CHARTER ORDINANCE NO. 1406 - An Urgency Ordinance of the City of San Rafael, Amending Chapter
8.12 "Miscellaneous Public Offenses", Section 8.12.080, Bill Posting and Political Signs on
Public Property Prohibited, and Section 8.12.090, Permitting the Posting of Bills and Political
Signs on Private Property with the Owner's Consent, 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
13. LETTER FROM BUSINESS IMPROVEMENT DISTRICT (BID) RE PARKING METER TIME CHANGES (PW) -
File 183 x11-18
Council considered a staff report from Public Works Director Bernardi, indicating that two
resolutions regarding parking meter time changes have been prepared, in response to a letter
from the Business Improvement District (BID).
Councilmember Breiner agreed with the BID in their suggestion that hours of meter operation
be changed from 9:00 AM to 6:00 PM, to 9:00 AM to 5:00 PM. Council took no action on this
suggestion.
486
RESOLUTION NO. 6160 - CHANGING TWO HOUR AND FIVE HOUR PARKING METER TIME LIMITS TO TEN HOUR
PARKING METER TIME LIMITS (62 Meters: Fifth Ave. & C Street parking
structure, upper level; Fifth Ave. & D Street parking lot; 1412 Second
St. parking lot; Second & C Sts. parking lot; and Lindaro St. between
Second & Third St., both sides.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6161 - CHANGING ONE HOUR PARKING METER TIME LIMITS TO TWO HOUR PARKING METER
TIME LIMITS (163 parking meters along both sides of Fourth St. between
Netherton & E Streets)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. ALBERT PARK RENOVATION PROJECT (Rec)
a. Resolution Approving Submittal of Application for 1980 State Parkland Funds -
File - - x -
RESOLUTION NO. 6162 - RESOLUTION APPROVING THE APPLICATION FOR 1980 STATE PARKLAND GRANT
MONEYS
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. Resolution Authorizing Execution of Agreement for Landscape Architectural Services -
File 4-3-66 x 2 -
Staff recommendation was for the Council to adopt a resolution authorizing staff to enter
into a contractural agreement with the firm of Royston, Hanamoto, Alley & Abey for
architectual services at a cost of $27,142 for the Albert Park Renovation Project. This
cost is broken down with $3,886 for design development; $17,784 for working drawings, and
$5,472 for technical specifications.
Council discussed a contractual agreement as suggested rather than going out to bid,
because of the total of $27,142. After discussion, Councilmember Breiner moved and
Councilmember Nixon seconded, to approve only the design development segment for $3,886
and ask staff to look into proper procedures for accomplishing the balance of the work
and bring back before the Council on September 21, 1981.
RESOLUTION NO. 6163 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Roy-
ston, Hanamoto, Alley & Abey, for design development, for a total
of $3,886)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. REVIEW OF MOBILE HOME PARK ADVISORY COMMITTEE (CM) - File 9-2-29
Council reviewed a staff recommendation from Assistant to the City Manager Nicolai, that the
Committee be continued through December 31, 1981, to allow them to assist in dealing with the
issues of rent control and family parks, and that the Committee be reviewed at that time.
Councilmember Nixon moved and Councilmember Jensen seconded, to approve staff recommendation to
review the Committee at the end of the year.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. FINAL ADOPTION - ORDINANCE NO. 1401 - AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE
(ZONING ORDINANCE) BY ADDING CHAPTER 14.4/, C-4 (DOWNTOWN COMMERCIAL) DISTRICT i e 10-3
CHARTER ORDINANCE NO. 1401 - Amending Title 14 of the San Rafael Municipal Code (Zoning Ordi-
nance) by Adding Chapter 14.47, C-4 (Downtown Commercial, District, 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
17. FINAL ADOPTION - ORDINANCE NO. 1402 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ED 97 REFERENCE BY SECTION.HE MUNICIPAL CODE SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY ON HE NORTH SIDE OF FOURTHSTREET BETWEEN A A STREETS A BE WEE
COURT STREET AND LINCOLN AVENUE AND CERTAIN REAL PROPTERTY ON THE SOUTH SIDE OF FOURTH STREET
BETWEEN D STREET AND LINCOLN AVENUE FROM C-2-DRD GENERAL COMMERCIAL -DOWNTOWN REVIEW DISTRICT
TO C- -DRD DOWNTOWN COMMERCIAL -DOWNTOWN REVIEW DISTRICT P1 - File 0-
CHARTER ORDINANCE NO. 1402 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain
Real Property on the North Side of Fourth Street between "D" and "A" Streets and between Court
Street and Lincoln Avenue and Certain Real Property on the South Side of Fourth Street between
"D" Street and Lincoln Avenue from C-2-DRD (General Commercial -Downtown Review) District to
C-4-DRD (Downtown Commercial -Downtown Review) District, 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
18. FINAL ADOPTION - CHARTER ORDINANCE NO. 1403 - AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL
MUNICIPAL CODE TITLE 14 CONCERNING COMMERCIAL RECREATIONAL USES P - File 10-3 x 166
CHARTER ORDINANCE NO. 1403 - Amending Various Sections of the San Rafael Municipal Code Title
14 Concerning Commercial Recreational Uses, 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. RATIFICATION OF SETTLEMENT - GRANGE LITIGATION (CA) - File 3-2-33
Councilmember Jensen moved and Councilmember Breiner seconded, to ratify the settlement of the
Grange litigation, which provides that the City will issue a Certificate of Compliance to Fred
Grange which legitimizes or legalizes his parcel of land, described as Assessor's Parcels
9-161-41 and 42, and 9-290-01, 02 and 03. As a condition of the issuance of the Certificate of
Compliance, Mr. Grange shall forthwith dedicate the levee, in fee, in a width of forty-five (45)
feet inward from the plus six (6) mean sea level.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. REPORT ON COMPOSITION OF PROPOSED COMMITTEE FOR RENTER OR LANDLORD DISCUSSIONS (CM) -
File9-2-35'-
Council approved in concept the composition of a task force, as recommended by City Manager
Beyer, to discuss the problems of landlord/tenant relationships in San Rafael. The breakdown
of possible members of the task force is: Representative of Marin County Tenants Association
(San Rafael resident); representative of the Board of Realtors; representative of the mobile
home park owners; representative of the mobile home park renters; representative of Apartment
House Owners Association; representative of the Canal Community Council; three residents who
rent their living quarters; three apartment house owners or people who own rental property;
representative from Marin County Mediation Service; and Mayor Mulryan or a City Councilmember.
City Manager Beyer and Assistant to City Manager Nicolai would be working with the Committee.
21. REPORT ON MEETING WITH EAST SAN RAFAEL PROPERTY OWNERS RE REGULATORY REVIEW (CD) - File 9-3-11
Assistant City Manager/Community Development Meador reported on attendance at a meeting of East
San Rafael property owners to discuss how to approach the regulatory agencies and utilize the
offices of the City of San Rafael; Supervisor Roumiguiere and Assemblyman Filante, to assist in
the permit review process.
The Council approved the report and asked Councilmember Miskimen to attend the next meeting
which will be held August 19, 1981.
22. REPORT ON FRANCISCO BOULEVARD EAST STORM WATER PUMP STATION (PW) - File 4-1-309
Council reviewed a staff report from Public Works Director Bernardi, indicating that staff had
made an inspection, along with the consulting engineering firm of Copple Foreaker Associates,
of the Francisco Boulevard East Storm Water Pump Station in order to assess the repair work
required to be completed prior to this winter for the operational and structural integrity of
the station.
Staff recommend to the Council that they accept the report from the consultants and authorize
the necessary repair work not to exceed $25,000 (budgeted in this year's Capital Improvement
Budget), and to be done on a negotiated time and material contract basis with choice of the
contractor being determined by staff and the consultant upon concurrence by the City Attorney's
Office.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the staff recommenda-
tion as outlined above.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Nixon left meeting)
i
23. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR STREET RESURFACING - 1981, PROJECT
N0. 19-409410 PW - File 4-1-30
Council reviewed a staff report, recommending award of the contract to low bidder Bresnan -
Dalecio, Inc., for $297,300.55, and allocation of and additional $45,000 from Revenue Sharing
to repave nine additional streets.
RESOLUTION NO. 6164 - RESOLUTION OF AWARD OF CONTRACT (To Bresnan - Dalecio, Inc., low bidder at
$297,300.55, plus additional allocation of $45,000 for added streets)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
24. PENDING STATE EIR GUIDELINE CHANGES (P1) - File 9-3-17
Council reviewed a staff report from Planning Director Moore, indicating that the California
State Resources Agency is proposing amendments to the State EIR Guidelines, which implement the
California Environmental Quality Act. Staff recommended that a letter be prepared to the
California State Resources Agency outlining the City's concerns about proposed changes to the
State EIR Guidelines and authorize Mayor Mulryan to sign the letter.
The principal items of concern to staff are: a) Procedures would be provided for consulting with
members of the public before an agency prepares a draft EIR. These procedures would be designed
to comply with the Woodland Hills court decision; b) Reducing the number of units in a housing
project would be made a mitigation measure of last resort. A public agency would be required
to make a finding that no other feasible mitigation measure would successfully avoid the
significant effects before the agency could reduce the number of housing units in the project.
The City has until August 31, 1981 to respond to these changes.
Council agreed that Mayor Mulryan should sign a letter to the State Resources Agency as recom-
mended by staff, opposing the above two changes.
25. CHANGE IN WORKERS' COMPENSATION CARRIER (Pers) - File 7-1-31
Council considered a recommendation from Assistant to the City Manager/Personal Luedeman, that
the City terminate its contract for Workers' Compensation with R. L. Kautz, and that the
Personnel and Finance departments be authorized to negotiate a contract with Leonard Russo,
Inc., to replace the Kautz Co. at a figure not to exceed $16,500 for the contract year, plus
start-up costs. This change is recommended because the City has experienced problems in
obtaining adequate service from R. L. Kautz Co. during the past two years.
Council agreed that a representative from R. L. Kautz should be invited to be present when the
matter is discussed, and deferred the matter to September 8, 1981, for a Kautz representative
to be present.
(Councilmember Nixon returned)
26. CONSIDERATION OF CITIZEN COMMUNICATION PROGRAM (CM) - File 9-1 x 125
Councilmember Breiner proposed that the City adopt a program, as recommended by the League of
Women Voters, which would provide additional possibilities for the citizens to communicate with
City government. A suggested form was presented.
Council agreed to hold the item over to the September 8, 1981 meeting, for further discussion.
Councilmember Breiner also included a memo suggesting an improved sign program, to facilitate
locating of points of interest by visitors. This item was referred to staff for review.
ADD ITEM
(Councilmember Jensen left meeting)
APPROVAL OF LEASE AGREEMENT AND PIPELINE CROSSING AGREEMENT WITH NORTHWESTERN PACIFIC RAILROAD
COMPANY - FRANCISCO BLVD. WEST EXTENSION & BRIDGE PROJECTS PW - File 4-5-16 x 4-5-17
RESOLUTION NO. 6165 - AUTHORIZING THE SIGNING OF A PIPELINE CROSSING AGREEMENT WITH NORTH-
WESTERN PACIFIC RAILROAD COMPANY (In connection with Francisco Boulevard
West Extension Project)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
RESOLUTION NO. 6166 - AUTHORIZING THE SIGNING OF A TEMPORARY ACCESS AGREEMENT WITH NORTH-
WESTERN PACIFIC RAILROAD COMPANY (In connection with Francisco
Boulevard West Bridge Replacement Project)
489
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
CLOSED SESSION
Council met in closed session, then reconvened and approved payment of $120.00 re Claim No.
3-1-573, Citizens' Party of Marin. Claim of Leon Netboy, No. 3-1-572, is to be dropped.
The City Council adjourned to their next regular meeting on Tuesday, September 8, 1981.
J AWE M. LEONCINI, City Clerk
8+h
APPROVED THIS DAY OF 1981
�. �---1
MA OR OF THE CITY 0 SAN AFAEL
*** *** *** *** *** *** *** ***
In Conference Room 201 of the San Rafael City Hall, Tuesday, September 8, 1981, at 7:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Jack G. Nixon, Councilmember
RE: INTERVIEWS OF FIRE COMMISSION APPLICANTS (CC) - File 9-2-5
Council interviewed Fire Commission incumbent Clifford Elbing, whose term expired, and appli-
cants Lane Fye and Morton Steiner, for vacancy caused by the death of Jim Kean.
No action was taken.
Council set Monday, September 21, 1981, at 7:15 PM for interviews of two additional applicants,
Marshall L. Peal and Stephen Auerbach, who are presently out of town.
WNNJLM. LEONCINI, City er
APPROVED THIS A/ 'DAY OF4) 1981
1,
MAYTHE CITY OFSAN�RA
In the Council Chambers of the City of San Rafael, Tuesday, September 8, 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
490
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 Special and
Regular Meetings of August 17, 1981
(CC)
2. Crime Data Report, First Half of 1981
(PD) - File 9-3-30
3. Claims for damages:
a. Jodi Jamerson - File 3-1-569 (PD)
b. Leslie Zuber - File 3-1-570 (PD)
4. Extension of Time - Ceccotti Tract
Subdivision (PW) - File 5-1-257
5. Abandonment of Easement - Northgate
Terrace Development, Marin Professional
Center, Unit 2 (PW) - File 2-12
6. Abandonment of Easements - East
San Rafael (PW) - File 2-12
7. Old Bay Way & Pt. San Pedro Road
Annexation (P1) - File 5-2-75 x 5-2-83
8. Arntz Open Space Annexation (P1) -
File 5-2-82
9. Agreement with PG&E for additional
Street Lighting - Smith Ranch Assess-
ment District No. 1 (PW) -
File 4-4-5 x 6-32
10. Ballot Argument Against Measure F,
Binding Arbitration - Ratification
of Revised Wording (CA) - File 9-4
Recommended Action
Approved as submitted.
Accepted report.
Approved R. L. Kautz Co., recommendation for
denial of claims.
RESOLUTION NO. 6167 - EXTENDING TIME FOR THE
COMPLETION OF IMPROVEMENT WORK IN THE CEC-
COTTI TRACT SUBDIVISION, SAN RAFAEL, CALI-
FORNIA (To & including September 1, 1982)
RESOLUTION NO. 6168 - RESOLUTION OF INTEN-
TION TO VACATE VARIOUS EASEMENTS IN MARIN
PROFESSIONAL CENTER UNIT 2 (And setting
public hearing for October 5, 1981, at
8:00 PM)
RESOLUTION NO. 6169 - RESOLUTION OF INTEN-
TION TO VACATE VARIOUS EASEMENTS IN EAST
SAN RAFAEL (GRANGE PROPERTY) (And setting
public hearing for October 5, 1981, at
8:00 PM)
RESOLUTION NO. 6170 - INTIATING PROCEEDINGS
FOR OLD BAY WAY AND POINT SAN PEDRO ROAD
ANNEXATION PURSUANT TO THE MUNICIPAL ORGAN-
IZATION ACT OF 1977
RESOLUTION NO. 6171 - INITIATING PROCEEDINGS
FOR THE ARNTZ OPEN SPACE ANNEXATION PURSUANT
TO THE MUNICIPAL ORGANIZATION ACT OF 1977
RESOLUTION NO. 6172 - AUTHORIZING EXECUTION
OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND PACIFIC GAS AND ELECTRIC COMPANY (Smith
Ranch Assessment Dist. No. 1, Additional
Street Lighting)
Approved revised ballot wording, replacing
sentence: "Recent experience in other
cities indicates that binding arbitration
does not prevent illegal strikes by safety
groups", with: "Binding arbitration does
not necessarily prevent illegal strikes by
safety groups"; and replacing sentence:
"Many jurisdictions skip collective bargain-
ing and go straight to arbitration since
many employee groups feel they have a
better chance to get what they want from
the arbitrators", with: "Since employee
groups feel they have a better chance to
get what they want from the arbitrators,
less effort may be put into reaching an
agreement through collective bargaining".
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - DISCUSSION OF DRAFT HOUSING ELEMENT (P1) - File 9-2-33 x 9-2-6 x 4-3-80
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan then informed those present that at this hearing decisions will be made on many
proposed amendments to the Housing Element. For the benefit of those present because of the
Hartzell School site being on the list of possible areas for low and moderate income housing,
Mayor Mulryan stated that no determination would be made on any of the proposed sites until a
proposal would be received, and then only after a full hearing.
491
Councilmember Jensen moved and Councilmember Breiner seconded, to strike all ten sites from the
Plan - the entire section starting on page 35 and ending on page 36, entitled "Lower Income
Housing Opportunity Areas".
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Douglas Colbert, Chairman of the Council of Homeowners' Association Presidents, stated that his
goup is in favor of the City's fair share of affordable housing being met on a community -wide
basis, distributed throughout the City, and that affordable housing should be offered to
current San Rafael residents, people who work and live in San Rafael.
Russ McCubbin of the Legal Aid Society, urged the Council to consider additional projects such
as Rotary Manor and The Commons, for low income families.
Charles Peek spoke for second units in homes, and asked the Council to enact a second unit
ordinance. Steve Patterson of the Gerstle Park Homeowners informed the Council that second
units are a very real concern in the Gerstle Park neighborhood, in terms of congestion and
traffic, and urged that if such an ordinance is enacted it exclude the Gerstle Park area.
There being no further public comment the public hearing was closed.
Planning Director Moore, in summarizing her report, suggested that possibly three areas may be
considered for low and moderate income housing: 1) City -owned property on Bellam Boulevard; 2)
PG&E Corporation Yard site, on which commitment has already been made; and 3) Smith Ranch
(residential areas). Councilmember Miskimen suggested including a fourth site, the San Rafael
Sanitation Plant property, which has not been on the list of possible sites.
After discussion, Councilmember Miskimen moved and Councilmember Nixon seconded, to direct
staff to review the four sites suggested, and come back to Council at the September 21st
meeting with recommendations.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
After discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to add on
page 4 at the end of Policy 8, "and avoid disruptive population growth within the Planning
Area".
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then moved, and Councilmember Miskimen seconded, to add a new section on
page 36, entitled: "Policies for Development of Lower Income Housing Projects": 1) Any assisted
family housing project should include a mix of both affordable low and moderate income housing
units; 2) Whenever possible, establish a priority system in assisted housing for City employees
and residents; and 3) Encourage neighborhood representatives, if interested, to participate
both in establishing, with staff, the tenant selection criteria and in the screening process.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the staff recommenda-
tions A and B in the enclosure to the staff report of September 8th.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
Councilmember Beiner then moved, and Councilmember Miskimen seconded, to approve recommendation
D in the enclosure to the staff report of September 8th.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
Councilmember Miskimen moved that on page 39, A4 be deleted - re enforcing existing condominium
conversion regulations to protect multiple -family rental housing stock, or indicate that the
policy would be reviewed periodically. There was no second to the motion.
Mayor Mulryan then pointed out that at the September 21st meeting the final revisions will be
submitted to the Council for approval before a revised Housing Element is prepared for submis-
sion to the State of California by October 1, 1981.
12. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-84(b), DESIGN REVIEW OF BAY PARK
LIGHT INDUSTRIAL -OFFICE COMPLEX; FRANCISCO BOULEVARD; JOE SHE OU, OWNER; RON GLANDER
ASSOC., REP.; AP 9-161-22, & 42 AND 9-290-01, 2 P - File -
Mayor Mulryan declared the public hearing opened.
492
Attorney Jay Paxton, representing the property owner, stated that condition (a) as revised to
state that fire sprinker systems shall be installed where required by the Fire Marshal, meets
with their approval. However, condition (dd), regarding traffic mitigation in the amount of
$62,425 (reduced from the original amount of $111,740) may be challenged later.
There being no further public input the public hearing was closed.
Councilmember Breiner moved and Councilmember Miskimen seconded, to uphold the Planning Commis-
sion and approve conditions (a) and (dd) as revised.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
13. PUBLIC HEARING - APPEAL OF PLANNING COMISSION DECISION - SR81-30 - AMENDMENT TO "FRENCH QUARTER"
SIGN PROGRAM AND VARIANCE TO PERMIT NEON SIGN; 61U THIRD ST.; 901/911IRWIN ST.; BROUGHTON,
HORNE & HENDRICKS, OWNERS; DAVID BOWERS, REP.; AP 14-122-07, 08, 09 10 & 11 P1 - File 0-11
Mayor Mulryan declared the public hearing opened. Hearing was continued to the meeting of
September 21, 1981, at request of appellant.
(Councilmember Jensen returned)
14. PUBLIC HEARING - PREZONINGS (PreZ81-18), FROM: COUNTY A-2 (LIMITED AGRICULTURE) AND RSP -4.0
(SINGLE FAM RESIDENTIAL PLA NE S R C - 4 UNITS PER ACRE) DISTRICTS, 0: CITY R -1-B-4
(SINGLE
- -B-
SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA ONE ACRE)'DISTRICT; EAST OF PT. SAN PEDRO
ROAD AND NORTH OF McNEAR BEACH COUNTY PARK, COUNTY ASSESSOR'S PARCELS 184-030-01, 0_47170T,_
JEROME C. & NORMA DRAPER, JR., OWNERS;
AND
FROM: COUNTY 0-A (OPEN AREA), M-2 (HEAVY INDUSTRIAL) AND A2 -B2 (LIMITED AGRICULTURE, 10,000
SQUARE FOOT MINIMUM) DISTRICT, TO: CI (UNCLASSIFIED) DISTRICT; EAST OF PT. SAN PEDRO
ROAD AND NORTH AND SOUTH OF CANTERA WAY, COUNTY ASSESSOR S PARCELS 184-030-16 & 17, AND
184-010-49, 50 & 53; MARIN COUNTY McNEAR BEACH COUNTY PARK OWNER;
AND
COMPLETION OF PROCEEDINGS FOR DOLE ANNEXATION (P1) - File 5-2-85
Mayor Mulryan declared the public hearing opened.
Councilmember Miskimen inquired of City Attorney Duggan regarding conflict of interest. He
stated that in the past he had a possible conflict of interest regarding Peacock Gap, and in
this instance he has no conflict with the properties in question. Mr. Duggan informed Council -
member Miskimen that in his opinion he still has a conflict of interest, and Councilmember
Miskimen left the meeting.
Planning Director Moore informed the Council that the Draper rezoning is apparently agreeable
to the owners, since no protests were received when the Planning Commission had their second
hearing on the matter.
Councilmember Nixon questioned the annexation of the McNear Beach County Park. City Manager
Beyer informed him that this had previously been discussed with the Council, and that the
County will retain control of the park, but the City has an advantage with the entrance coming
under control of the City, regarding parking and traffic.
Attorney Bill Lynch, representing the Dole Trust, referred to his letter of protest, regarding
down zoning, and citing the fact that the Basalt property (Dillingham), which is also part of
the Peacock Gap Master Plan, is not being annexed and can determine their own destiny.
There being no further public input the public hearing was closed.
After discussion Councilmember Breiner moved and Mayor Mulryan seconded, to approve staff
recommendation No. 1 and determine that the prezoning is in conformance with the Peacock Gap
Neighborhood Plan and the action is therefore covered by the Plan EIR, certified by the Council
on December 15, 1980.
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen
An Ordinance of the City of San Rafael, Prezoning Certain Real Property from the County of
Marin Zones A-2 (Limited Agriculture) and RSP -4.0 (Residential Single Family Planned District 4
Units per acre) to the City R -1-B-4 (Residential Single Family, 1 Unit per Acre) District, and
Other Certain Real Property from the County of Marin Zones 0-A (Open Area), M-2 (Heavy Indust-
rial) and A -2-B-2 (Limited Agriculture, 10,000 Square Feet Minimum Lot Size) District to the
City "U" (Unclassified) District - (McNears Beach County Park/Draper Properties) and numbering
Charter Ordinance No. 1408, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen
Councilmember Jensen explained his "No" vote, saying that there will be one home per acre in
the Draper property, and even though the City will annex McNear Beach County Park there will be
no revenue coming to the City.
493
RESOLUTION NO. 6173 - RESOLUTION ORDERING THE DOLE ANNEXATION
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
ADD ITEM
FERRO PROJECT - File R-77
City Manager Beyer informed the Council that since the Ferro matter was continued on the
Redvelopment Agency agenda to the meeting of October 19, the City building permit for the
project will be extended until that date.
Councilmember Breiner moved and Councilmember Miskimen seconded, to extend the City building
permit for the Ferro project to October 19, 1981.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. DRAFT ORDINANCE RE NEWSPAPER HAWKING (CA) - File 2-11
An Ordinance of the City of San Rafael, Amending Chapter 10.48 "Peddlers and Solicitors" of the
San Rafael Municipal Code by Adding Section 10.48.021 Thereto, and numbering Charter Ordinance
No. 1409, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: None
(This Ordinance adresses the peddling and soliciting of newspapers, and had been the subject of
discussion at previous meetings.)
16. REVISION TO FREEWAY AGREEMENT SIGNED BY CITY OF SAN RAFAEL AND CALTRANS (PW) - File 4-8-7
Council reviewed a staff report from Assistant City Manager Meador, indicating that the recently
adopted West Francisco Boulevard Specific Area Plan necessitated certain modifications in the
existing Freeway Agreement by the City and Caltrans. The new Freeway Agreement deletes certain
aspects of the existing Freeway Agreement and incorporates the new roadway extension currently
under construction.
RESOLUTION NO. 6174 - AUTHORIZING THE SIGNING OF A FREEWAY AGREEMENT WITH THE STATE OF CALIFOR-
NIA (Re Highway 101 in San Rafael from Harbor Street to Fourth Street)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. AWARD OF BID FOR RECONDITIONING OF 1962 VAN PELT FIRE DEPARTMENT PUMPER (FD) - File 4-2-158
RESOLUTION NO. 6175 - AWARDING CONTRACT FOR THE RECONDITIONING OF A 1962 VAN PELT FIRE ENGINE
UTILIZING EQUIPMENT REPLACEMENT FUNDS (To Grumman Emergency Products,
Inc., low bidder, for $78,978.36)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. FINAL ADOPTION - ORDINANCE NO. 1405 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED
BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, SO AS TO RECLASSIFY CER-
TAIN REAL PROPERTY FROM UNCLASSIFIED DISTRICT TO P -D PANNED DEVELOPMENT) DISTRIC San
Pablo Avenue & North San Pedro Road P - File -
CHARTER ORDINANCE NO. 1405 - Amending the Zoning Map of the City of San Rafael, Adopted by
Reference by Section 14.15.020 of the Municipal Code of San Rafael, so as to Reclassify Certain
Real Property from "U" (Unclassified) District to P -D (Planned Development) District (San Pablo
Avenue and North San Pedro Road), 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. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR THIRD STREET STORM WATER PUMP STATION - PROJECT
N0. 19-409698 PW - File 4-1-308
RESOLUTION NO. 6176 - RESOLUTION OF AWARD OF CONTRACT (To Steve Zappetini & Son, Inc., low
bidder, for $19,210)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
494
20. RECOMMENDATIONS FROM POLICE ADVISORY COMMISSION RE ITEMS: (CM)
A. POLICE CANINE UNIT - File 9-2-28
Before discussion of the Canine Unit began, Councilmember Jensen stated his displeasure
with the Commission and moved that it be disbanded. There was no second to the motion.
Council agreed that they would discuss the matter at the special meeting with the Police
Advisory Commission scheduled for September 14, 1981.
Commissioner David Rawlinson gave the Council a brief description of the operation of a
Canine Unit, and informed them that the Concord Police Department, which has a very
successful Unit, will be glad to come over and give a demonstration. Council decided
that the Commission's suggestion about raising public funds for a police program was not
in order.
Councilmember Breiner moved and Councilmember Nixon seconded, to have a demonstration of
a Canine Unit and to research the proposal, with details for the demonstration to be
worked out at the special meeting between the Council and Commission on September 14th.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. POSITION ON MEASURE F - BINDING ARBITRATION - File 9-4 x 9-2-28 x 9-2-5
Council discussed a staff report from City Manager Beyer, in which he recommended that
the Council direct the Police Advisory Commission to take a position on Measure F,
covering Binding Arbitration for Police and Fire personnel. The Commission has hesitated
to take a stand, feeling that they had been directed by the City Council to stay away
from personnel matters. However, City Manager Beyer feels that this issue is a legitimate
matter for the Police Advisory Commission to not only discuss but also on which to make a
recommendation.
Councilmember Breiner moved and Councilmember Miskimen seconded, to ask the Police
Advisory Commission, and the Fire Commission as well, to take a position on Measure F,
Binding Arbitration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT ON SEEPAGE OF POLLUTANTS INTO CITY DRAINAGE POND - EAST SAN RAFAEL DRAINAGE ASSESSMENT
DISTRICT NO. 1 (PW) - File
Council reviewed a staff report from Public Works Director Bernardi, indicating that a portion
of the drainage pond which was constructed under the East San Rafael Drainage Assessment Dis-
trict No. 1 required the removal of compacted debris. When the access road to the City's pump
station was built, an adjacent cell barrier was cut, which allows the liquid contained in the
cell to leak out into the drainage pond, polluting the pond water. The disposal site operators
have been notified by the Solid Waste Management and Water Quality Control boards that this
leakage must be eliminated. The disposal site operators, in turn, have notified the City with
regard to correcting the situation. The estimate for the work is between $8,500 and $13,000,
and there are available funds in the Assessment District to do the work. Actually, there is
$76,000 set aside for maintenance.
Staff requested authorization for expenditure of the funds as described, and authorization to
call for bids on the project.
Councilmember Jensen moved and Councilmember Breiner seconded, to approve staff recommendation
that East San Rafael Drainage Assessment District No. 1 maintenance funds be expended for the
subject project, and authorize staff to call for bids.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Nixon left meeting)
22. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Assistant to the City Manager Barbier briefed the Council on AB 999(Campbell) which would
prohibit a city from banning the sale of "safe & sane" fireworks within its boundaries. If
this is passed, local jurisdictions could still enact ordinances to prohibit the use of fire-
works; however, enforcement would be very difficult if not impossible.
Council agreed that a mailgram should be sent to our legislators, protesting AB 999.
AB 1693 (Tucker), Agency Shop, was then discussed. This would place agency shop on the local
government collective bargaining table as a negotiable item. If negotiated, an agency shop
would mean that all members of a collective bargaining unit would pay an "agency shop fee" to
the union, and if employees refuse to pay they must be terminated from employment. Council
agreed that a mailgram or phone call should call Senator Keene's attention to the City's
opposition to this Bill.
495
23. ADOPTION OF URGENCY ORDINANCE AMENDING SECTION 14.15.010 OF THE SAN RAFAEL MUNICIPAL CODE
DESIGNATION OF DISTRICTS CA - File 1-5
Assistant City Attorney Bullard informed the Council that this Urgency Ordinance is necessary
to correct certain clerical errors which had been discovered by Book Publishing Company, who
codify the City's Municipal Code. They involve certain zoning classifications which had been
added to the body of the zoning ordinance but had not also been included in the referenced
section which contains a complete listing of all zoning classifications within the City.
CHARTER ORDINANCE NO. 1407 - An Urgency Ordinance of the City of San Rafael Amending Section
14.15.010 of the San Rafael Municipal Code (Designation of Districts) was adopted as an Ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
24. REPORT ON PROPOSED REDISTRICTING ALTERNATIVES FOR THE COUNTY BOARD OF SUPERVISORS - File 9-1-2
This item was agendized at request of Mayor Mulryan, since the Board of Supervisors, under
State Law, is required to adjust the boundaries of the Supervisorial Districts so that the
Districts may be as nearly equal in population as possible, as defined in the 1980 census.
Council reviewed the charts showing the present districts, and Alternatives A through E, after
which City Manager Beyer informed the Council that the Supervisors will be voting on the matter
on September 22, 1981.
Council agreed that a letter should be sent to the Board of Supervisors asking that as little
disruption as possible be done with regard to San Rafael boundaries.
(Councilmember Nixon returned)
25. TOURIST ORIENTED MAPS - File 9-1
Councilmember Breiner placed this item on the agenda, to discuss posting of conveniently
located tourist oriented maps to help visitors to the community.
Council agreed that the Chamber of Commerce should be asked if they would be interested in a
joint venture of this nature.
26. DISCUSSION OF CALTRANS IMPROVEMENTS - File 9-3-40 (Oral presentation)
Councilmember Breiner stated that she had this item placed on the agenda, to see what can be
done regarding CalTrans taking action on HOV lanes, auxiliary lanes, and the other highway
improvements for which there may be money forthcoming from the State.
Public Works Director Bernardi informed the Council that he has been in contact with CalTrans
and has been informed that they are trying to modify the design standards. The fiscal situation
does not look promising at this time, but staff will keep the Council informed of any develop-
ments.
ADD ITEMS
I RESOLUTION OF APPRECIATION - JAMES D. MAHONEY - File 102
Council supported the designation of James D. Mahoney as 1981 Construction Industry Man of the
Year.
RESOLUTION NO. 6177 - RESOLUTION OF APPRECIATION (To James D. Mahoney, as 1981 Construction
Industry Man of the Year)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
II AFFIRMATION OATHS - File 9-1-2
Mayor Mulryan asked the Councilmembers to each sign an affirmation oath, affirming that they
will preserve the confidential nature of all closed sessions of the City Council of San Rafael
unless disclosure is required by law or by the majority vote of the City Council. All Council -
members and Mayor Mulryan signed the oaths.
27. CLOSED SESSION
Council adjourned to Closed Session to discuss personnel matters and pending litigation.
File 9-1-2
Council then reconvened in open session and stated that City Manager Beyer, City Attorney
Duggan and Assistant City Attorney Bullard had also signed Affirmation Oaths re confidentiality
of Closed Sessions.
[01111t
ADJOURNMENT
City Council then adjourned to their special meeting with the Police Advisory Commission on
Monday, September 14, 1981.
_JAXNNE M. LEONCIN , City C erk
APPROVED THIS E__t� DAY OF 0c&} -et, , 1981
MAYOR OF THE CITY OF SAN RA AEL
*** *** *** *** *** *** *** ***
In the Public Works Conference Room of the San Rafael City Hall, on Monday, September 14, 1981, at
7:30 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
(Arr. 8:UO PM)
Fred E. Jensen, Councilmemoer
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Present: Commissioners:
Ronald A. MacMillan
Donn E. Nissen
George Obana
David N. Rawlinson
Absent: Mary Gassaway, Chairman
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: SPECIAL JOINT MEETING OF THE CITY COUNCIL AND POLICE ADVISORY COMMISSION TO DISCUSS ROLE OF THE
COMMISSION - File 9-2-28
Council first discussed the role of the Commission, and interpretation of Ordinance No. 1352 as
it relates to responsibilities and scope of the Police Advisory Commission.
Mayor Mulryan discussed the matter of the Commission endorsing the Council's stand against
binding arbitration which will be on the ballot for the November 3, 1981 election. Commis-
sioners informed the Mayor that the reason they did not take a stand previously was that they
understood they were not to deal with personnel matters and they felt that binding arbitration
was out of their line of responsibility. However, since the Council asked for a stand on the
matter, the Commissioners present stated they have no objection and will shortly take a vote on
backing the Council on the matter.
Council and Commission agreed that the portion of Ordinance No. 1352 dealing with the responsi-
bilities of the Commission should be rewritten to more clearly reflect the Council's intentions
regarding the scope of responsibilities of the Commission, specifically Section 2.16.360(1).
The revision is to be agendized for the Council meting of October 5, 1981.
Commissioner Rawlinson discussed the proposed Canine Unit, and it was agreed upon to tentatively
set Saturday, October 3rd at 9:00 AM as the date and time to have the Concord Police Department
Canine Unit come to demonstrate their techniques at Albert Park.
Councilmember Breiner arrived during the discussion, and stated that she would like to suggest
that the Commission look into the matters of career development policies and educational
requirements at entry level. Council agreed that these were good subjects for the Commission
to deal with.
497
Council adjourned to their next regular meeting on September 21, 1981.
WftE'.M. LEONCINI, City Clerk
APPROVED THISI DAY OF , 1981
CvIAYOR OF THE CITY 0 SAN AFAEL
*** *** *** *** *** *** ***
In Room 201 of the San Rafael City Hall, Monday, September 21, 1981, at 7:15 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmemoer
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmemoer
Jack G. Nixon, Councilmember
(Arrived at 7:25 PM)
RE: INTERVIEWS OF FIRE COMMISSION APPLICANTS (CC) - File 9-2-5
Council interviewed applicants Marshall L. Peal and Stephen B. Auerbach, applicants for the
Fire Commission, and then discussed the interviews which were conducted on September 8th with
incumbent Clifford Elbing and new applicants Lane Fye and Morton Steiner.
Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint Clifford Elbing,
presently serving as Chairman of the Fire Commission, to a four-year term ending in Marcn
1985.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then moved, and Councilmember Jensen seconded, to appoint Lane Fye to the
vacancy caused by the death of Jim Kean, with term to expire in March 1985.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NL_M. LEONCINI, tity Clerk
APPROVED THISJTDAY OF 1981
L.o _
MAYOR OF THE CITY OF S�NRA�FA
In the Council Chambers of the City of San Rafael, Monday, September 21, 1981, at 8:OU 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 Special
Meeting of September 8, 1981 (CC)
2. Claims for Damages:
a. Roy A. & Genevieve Padgett -
File 3-1-571 (PW)
b. Ron Boutte - File 3-1-576 (PD)
c. California Casualty Insurance Co.,
(Jean Nuyen Latouche Tagore) -
File 3-1-578 (PW)
e. Stanley Utzman - File 3-1-58U (PD)
3. Resolution Authorizing a Loan to the
Redevelopment Agency (Fin) -
File 8-5
4. Nunes Open Space Parcel "E" Annexation,
Including AP 164-280-49 (P1) -
Fi1c ;-9-R1
6. Authorization to Support Amicus
Brief - IBEW vs City of Gridley at no
Cost to City (CA) - File 9-3-16
7. Modified Resolutions for Arntz Open
Space and Old Bay Way & Point San Pedro
Road Annexations (P1) -
File 5-2-82 x 5-2-75 x 5-2-83
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
Accepted late claim and approved
R. L. Kautz Co. recommendation for denial
of claim.
RESOLUTION NO. 6178 - LOANING $456,000
TO THE SAN RAFAEL REDEVELOPMENT AGENCY
(To be paid back to Open Space Fund @ 4.9%
interest on or before July 1, 1982)
RESOLUTION NO. 6179 - INITIATING
PROCEEDINGS FOR NUNES OPEN SPACE PARCEL
"E" ANNEXATION PURSUANT TO THE MUNICIPAL
ORGANIZATION ACT OF 1977
Authorized staff to send letter signifying
amicus participation re illegal strikes by
City employees.
RESOLUTION NO. 617U - ORDERING THE ULD BAY
WAY & PT. SAN PEDRO ROAD ANNEXATION PURSUANT
TO THE MUNICIPAL ORGANIZATION ACT OF 1977
RESOLUTION NO. 6171 - ORDERING THE ARNTZ
OPEN SPACE ANNEXATION PURSUANT TO THE
MUNICIPAL ORGANIZATION ACT OF 1977
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
5. REPORT ON LITTER PATROL PROGRAM (PW) - File 2U1
Council discussed a staff report indicating that there is $500 left over from the $3,000 which
was contributed by Donald Saccani of Mariner Distributing Company for the program. Staff
intends to hold the $500 in trust, for use in next year's litter patrol program.
Councilmember Nixon offered to speak with Mr. Saccani and ask him if the funds may be held for
next year's program.
Councilmember Miskimen suggested that, since the Litter Patrol is almost entirely within the
Redevelopment Agency, consideration should be given to use of a Redevelopment Agency truck next
year, instead of a City truck.
Councilmember Nixon moved and Councilmember Breiner seconded, to accept the staff report on the
Litter Patrol Program.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - SR81-3U - AMENDMENT TO "FRENCH
Mayor Mulryan declared the public hearing opened.
499
Planning Director Moore informed the Council that when the French Quarter was approved in 1978
a sign program was submitted by the applicant which included signage for each tenant and three
pedestrian oriented free standing signs. However, over the last several months several signs
were installed which are inconsistent with the approved sign program and, in addition, a neon
sign, which is prohibited under the sign ordinance, was installed. The Planning Commission
denied the recently installed hearts and window signs because it was felt they detracted from
the overall appearance of the project. As for the neon sign, the Commission could not make the
required findings necessary to grant a variance.
Attorney George Silvestri, representing Gia Weston for Men, a clothing shop in the French
Quarter, stated that in his opinion a tastefully located and designed neon sign should be
approved, and that due to the area in which the French Quarter is situated, away from the
general shopping area, it is necessary that the public's attention be called to these shops.
The sign in question cost $2,300 and was custom made, and presents a hardship if the business
is prohibited from using it.
There being no further public input, the public hearing was closed.
Councilmember Breiner stated that she feels that better traffic location signs are needed, and
highly visible parking signs to direct patrons to the parking area behind the shops. Council -
member Nixon agreed with Mrs. Breiner.
After further discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to
support the Planning Commission, but give twelve months use of the neon sign in order to help
the shop attract business.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - REZONING (Z81-6) FOR NEIGHBORHOOD BOUNDED BY SHAVER, LATHAM, HAYES, "F" AND
THIRD STREETS, FROM: C-2 GENERAL COMMERCIAL DISTRICT, TO: R -3-N MULTIPLE FAMILY RESIDEN-
TIAL -NONCONFORMANCE ADJUSTMENTS DISTRICT; INITIATED BY CITY AT REQUEST OF CERTAIN PROPERTY
OWNERS BY PETITION; AP 11-241-03 THRU 14; 11-242-12, 13, 14 & 16 THRU 28; 11-243-01, U2, U3,
04 & 07 THRU 15 Pl - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
Planning Director Moore stated that this action was the result of requests from residents of
the area in question, and staff is recommending that a Negative Declaration be certified and
the area be rezoned as requested.
RESOLUTION NO. 618U - CERTIFYING A NEGATIVE DECLARATION FOR THE REZONING OF THE LATHAM NEIGHBOR-
HOOD FROM C-2 (GENERAL COMMERCIAL) DISTRICT TO R -3-N (MULTIPLE FAMILY
RESIDENTIAL - NONCONFORMANCE STANDARDS) DISTRICT
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 C-2 (General Commercial) District to
R -3-N (Multiple Family Residential - Nonconformance Adjustments) District (Latham, Shaver, "F",
Hayes and Third Streets), and numbering Charter Ordinance No. 1410, 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)
10. PUBLIC HEARING - REZONING (Z81-14) (NORTH OF PEACOCK & McNEAR DRIVES
c OMM7--
ONITYT DISTRICT TO: P -D PLANNED DEVELOPMENT DISTRICT; INITIATE
LOAN, OWNERS; IVAN GLOVER, THE ASHTON COMPANY, REP.; AP 186 -47U -8U
Mayor Mulryan declared the public hearing opened.
FROM: P -C (PLANNED
Y AMERICAN SAVINGS &
- File 1U-3 x 166
Planning Director Moore informed the Council that staff is recommending that the Council find
that the rezoning is in conformance with the Peacock Gap Neighborhood Plan and is, therefore,
covered by the Plan Environmental Impact Report. Staff is also recommending that the proposed
ordinance be passed to print, rezoning the property in question from P -C (Planned Community)
District to P -D (Planned Development) District.
Ivan Glover of The Ashton Company, developers of the property for American Savings & Loan
Company, complimented the staff on an excellent job, and had only one objection to the condi-
tions which indicated that except for the three lots on the new McNear Drive cul-de-sac no
structures are to extend above the 125 foot contour elevation. He would have preferred that the
conditions indicated an elevation of 95 feet for foundations.
There being no further input, the public hearing was closed.
500
Councilmember Breiner moved and Councilmember Nixon seconded, to uphold the Planning Commission,
with a finding that the rezoning is consistent with the Peacock Gap Neighborhood Plan and is
covered by the Plan EIR.
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
An Ordinance of the City of San Rafael, Rezoning Certain Real Property from P -C (Planned
Community) District to P -D (Planned Development) District (North of Peacock & McNear Drives),
and numbering Charter Ordinance No. 1411, was read, introduced and ordered passed to print by
the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
(Councilmember Miskimen returned)
11. PUBLIC HEARING - REZONING (Z81-12) END OF SANTIAGO WAY, FROM: P -C (PLANNED COMMUNITY) DISTRICT
TO: R -1-B-1 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,5UU SQUARE FEET DISTRICT,
INITIATED BY JUAN FERRER. OWNER: RON GLANDER & ASSOCIATES. REP.: AP 165-141-30 P1 -
riie b-1-4bb x iu-S
Mayor Mulran declared the public hearing openea. There being no public input the public
hearing was closed.
Planning Director Moore informed the Council that this rezoning was requested in conjunction
with a three -lot subdivision of the site, and that staff is requesting the Council certify the
Negative Declaration and rezone the subject property from P -C (Planned Community) District to
R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 Square Feet) District.
RESOLUTION NO. 6181 - CERTIFYING A NEGATIVE DECLARATION FOR THE REZONING OF AP 165-141-30
PROPERTY AT THE END OF SANTIAGO WAY FROM P -C (PLANNED COMMUNITY) DISTRICT
TO R -1-B-1 (SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 7,bOU
SQUARE FEET) DISTRICT
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 P -C (Planned Community) District to
R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 Square Feet) District (End
of Santiago Way), and numbering Charter Ordinance No. 1412, 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
12. ADOPTION OF HOUSING ELEMENT (P1) - File 9-2-33 x 4-3-80 x 115 x 1U2
Planning Director Moore briefed the revisions to the Housing Element, as directed by the City
Council, including the four sites to be included in a modified section pertaining to potential
affordable housing sites - City -owned property at the end of Bellam Boulevard, PG&E corporation
yards on Lindaro Street, undeveloped residential portions of the Smith Ranch Master Plan, and
the San Rafael Sanitation District Main Treatment Plant.
RESOLUTION NO. 6182 - ADOPTING THE 1981 HOUSING ELEMENT WHICH REPLACES THE "HOUSING AND THE
RESIDENTIAL ENVIRONMENT" SECTION OF THE 1974 GENERAL PLAN
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6183 - RESOLUTION OF APPRECIATION (To all Housing Element Citizens' Advisory
Committee members: Rev. Vernon S. Cox, Derek Cunninghame-Blank, Samuel
DeGiacomo, Annette Heller, Florence Johnson, Dane Larsen, Paula McNamee,
J. Stanley Ott, Jack Ryan, Ailene S. Taylor, Anise Turina, Michael J.
Venables, Bruce E. Woelfel, Rita Wool and Abraham L. Yang)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PIIRI Tr TTIAP
I ANNOUNCEMENT RE FIRE COMMISSION APPOINTMENTS - File 9-2-5
Mayor Mulryan announced that interviews of Fire Commission applicants had been completed
earlier in the evening and that Clifford Elbing had been reappointed, and Lane Fye appointed,
both terms to run until March 1985.
II REVISION OF SUPERVISORIAL DISTRICTS - File 9-1
Marin County Supervisor Gary Giacomini addressed the Council, with the aid of charts, on the
five alternate plans to be considered on Tuesday, September 22nd, by the Board of Supervisors.
Supervisor Giacomini stated he was seeking the Council's viewpoint on the alternate plans.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to approve
Alternate A, which would give San Rafael three supervisors, Messrs. Roumiguiere and Giacomini,
and Mrs. Boxer.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
13. APPROVE RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
FOR ALBERT PARK RENOVATION PROJECT Rec - File 4-3-66
RESOLUTION NO. 6184 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Royston,
Hanamoto, Alley & Abey for Landscape Architectural Services for Albert
Park Renovation Project, not to exceed $27,142, of which $3,886 was
already approved for design development)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
14. FINAL ADOPTION - ORDINANCE NO. 1408 - PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN
ZONES A-2 LIMITED AGRICULTURE AND RSP -4.0 RESIDENTIAL SINGLE FAMILY PLANNED DISTRICT 4 UNITS
PFR ArQP-7 Tn THF rTTY R -1 -R -a RFCTnFNTTAI CTN(.I F FAMTI Y 1 IINTT PFR ACRE nTCTRTr..T_ AN(1 CITHFR
CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONES O -A (OPEN AREA), M-2 (HEAVY INDUSTRIAL)
AND A -2-B-2 LIMITED AGRICULTURE, 10,000 SQUARE FEET MINIMUM LOT SIZE DISTRICT TO THE CITY "U"
UNCLASSIFIED DISTRICT McNears Beach County Park/Draper Properties) (Pl) - File 5-2-85
CHARTER ORDINANCE NO. 1408 - Prezoning Certain Real Property from the County of Marin Zones A-2
(Limited Agriculture) and RSP -4.0 (Residential Single Family Planned District 4 Units per Acre)
to the City R -1-B-4 (Residential Single Family, 1 Unit per Acre) District, and Other Certain
Real Property from the County of Marin Zones O -A (Open Area), M-2 (Heavy Industrial) and
A -2-B-2 (Limited Agriculture, 10,000 Square Feet Minimum Lot Size) District to the City "U"
(Unclassified) District (McNears Beach County Park/Draper Properties), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
ABSTAINED: COUNCILMEMBERS: Miskimen, due to conflict of interest.
15. FINAL ADOPTION - ORDINANCE NO. 1409 - AMENDING CHAPTER 10.48 "PEDDLERS AND SOLICITORS" OF THE
SAN RAFAEL MUNICIPAL CODE BY ADDING SECTION 10.48.021 THERETO Re Peddling & Soliciting of
Newspapers CA - File 2-11
CHARTER ORDINANCE NO. 1409 - Amending Chapter 10.48 "Peddlers and Solicitors" of the San Rafael
Municipal Code by Adding Section 10.48.021 Thereto (Peddling & Soliciting of Newspapers), was
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Miskimen left meeting)
16. STATUS REPORT ON FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34
Public Works Director Bernardi gave a presentation summarizing the progress on the Underground-
ing Project on Francisco Boulevard East and, with the aid of drawings, the proposal regarding
the widening of Francisco Boulevard. Staff's recommendation is that the Council approve the
roadway widening between Medway Road and Bellam Boulevard in concept, and authorize staff to
discuss with CalTrans the use of excess right-of-way. Staff also requested authorization to
develop cost estimates for the widening of Francisco Boulevard East, for review by the Council.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to approve all
three recommendations by staff: 1) Approve in concept the roadway widening of Francisco
Boulevard East between Medway Road and Bellam Boulevard; 2) Authorize staff to discuss with
CalTrans the use of excess right-of-way; and 3) Develop cost estimates for the widening of
Francisco Boulevard East for review by the Council.
AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen & Miskimen
(Councilmembers Jensen & Miskimen returned)
17. CONSIDERATION OF CITIZEN COMMUNICATION PROGRAM (CM) - File 9-1
Council discussed the citizen input form suggested by Councilmemoer Breiner.
Councilmember Breiner moved and Councilmember Miskimen seconded, to request that City Manager
Beyer draw up a form and bring it back to the Council for approval, along the lines of the form
submitted by Mrs. Breiner.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. REQUEST FOR ENDORSEMENT - THE MARIN GOVERNMENT SCHOLAR PROGRAM (CM) - File 202
Council considered a request from the New Voter Research Foundation, presented by Carol Staley,
president, for Council support of the program and a contribution of $200.00.
After discussion Councilmember Nixon moved and Councilmember Breiner seconded, to support the
program and contribute $200.00 as requested.
RESOLUTION NO. 6185 - ENDORSING AND ASSISTING THE MARIN GOVERNMENT SCHOLAR PROGRAM (W/contribu-
tion of $200.00)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. APPROVE SPECIFICATIONS FOR A PROPOSED TELEPHONE SYSTEM AND AUTHORIZE STAFF TO SOLICIT PROPOSALS
Fin - File 4-3-88
Council reviewed specifications submitted by Finance Director Coleman for an updated telephone
system, since the technology for the present telephone system was designed and marketed by
Pacific Telephone Company over 25 years ago.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to approve
the specifications and authorize staff to go to bid for proposals.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. RESOLUTION SETTING TOWING FEES (Fin) - File 9-3-30 x 9-10-2
Council considered a staff report from Finance Director Coleman, stating that the last rate
increase for towing operators was granted in November 1979 and the proposed resolution revises
the present rates and covers a two year period, and would not regulate towing requests initiated
by drivers.
RESOLUTION NO. 6186 - SETTING FEES PURSUANT TO TOW CAR BUSINESS AND OPERATORS ORDINANCE AND
RESOLUTION 6083 (Effective October 1, 1981)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Nixon left meeting)
21. RECOMMENDATION TO COUNTY ON GALLINAS RANCH PROPOSAL (P1) - File 149
Council reviewed a staff report from Planning Director Moore, indicating that the Local Agency
Formation Commission has indicated that dual annexation should apply to the 55 -unit residential
development known as Las Gallinas Ranch, which must annex to the Marin Municipal Water District
and the Las Gallinas Valley Sanitary District, thus coming under the jurisdiction of LAFCo.
Since the property is not contiguous to existing City of San Rafael corporate limits and it is
not anticipated that the property would become contiguous to the City Limits in the foreseeable
future, staff is recommending that the dual annexation policy be waived.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to approve the
staff recommendation that the County of Marin and the Marin County Local Agency Formation
Commission be advised that the LAFCo dual annexation policy should be waived for the Las
Gallinas Ranch project.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
22. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council discussed a report on pending legislation from Assistant to the City Manager Barbier,
and agreed to attempt to obtain a share of the transportation financing package covered by
SB 215 (Foran).
Council expressed concern regarding SB 999 (Campbell) which would prohibit a city from banning
the sale of "safe and sane" fireworks within its boundaries. Local jurisdictions could still
enact ordinances to prohibit the use of fireworks; however, enforcement would be difficult if
they are sold in the area.
23. PLANNING COMMISSION REPRESENTATIVE TO ATTEND COUNCIL MEETINGS - File 9-1-2 x 9-2-6
Council agreed that this subject would be discussed at the joint meeting of the Council and
Planning Commission, tentatively scheduled for November 17, 1981.
ADD ITEMS (Councilmemder Nixon returned)
I REVENUE SHARING FUNDS - File 8-9 (Verbal)
Mayor Mulryan reported he had received a telegram from the League of Cities indicating that
President Reagan is seriously considering cancelling the Revenue Sharing Program. He thereupon
called the White House and expressed the concern of the City of San Rafael, whose loss would
amount to approximately $460,000.
II CHAMBER OF COMMERCE COMMUNICATION RE CANDLELIGHT PARADE - File 119 x 11-22
Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the request from the
Chamber of Commerce for endorsement of their celebration of the beautification of San Rafael with
a candlelight parade on November 27th.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
III COST OF LIVING INCREASE FOR COUNCILMEMBERS - File 9-1 x 7-3
City Manager Beyer informed the Council that their cost of living increase for this fiscal year
was overlooked at the budget hearings, and presented a proposed ordinance with a 5% increase
effective September 1, 1981.
An Ordinance of the City of San Rafael, Providing for Cost of Living Increase for City Council,
and numbering Charter Ordinance No. 1413, 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
IV POLICE ADVISORY COMMISSION RESPONSIBILITIES - File 9-2-28 (Verbal)
Assistant City Attorney Bullard was asked to prepare a revision to the Ordinance which outlines
Police Advisory Commission scope of responsibilities, as discussed at the joint meeting on
September 14, 1981 between the Council and the Police Advisory Commission. The gist of the
discussion had been that the Commission not involve themselves with personnel rules and regula-
tions, nor with labor relations and personnel matters.
2d CLAIM FOR DAMAGES - RAYMOND HANDLEY (PW) - File 3-1-583
Council met in closed session, then reconvened and approved R. L. Kautz Company recommendation
for denial of claim.
The City Council then adjourned to their next regular meeting to be held at 8:00 PM on Monday,
October 5, 1981.
M. LEONCIN , ty erk
APPROVED THIS I q. * DAY OF d&e6e..) , 1981
MAYOR OF THE CITY OF AN RAF
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