Loading...
HomeMy WebLinkAboutMinutes 1977-1981 pt. 2In the Council Chambers of the City of San Rafael, Tuesday, August 1, 1978, at 7:3U PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: REVIEW OF PRELIMINARY BUDGET, FY 1978/79 - File 8-5-1 The Council met for the first hearing on the 1978/79 Fiscal Year budget, and heard a budget message statement from City Manager Bielser regarding stringency measures as a result of the passage of Proposition 13. They then considered the individual budgets and it was moved, seconded and carried that the City Council's budget be approved at $24,799, including travel allowance set at one-third of the previous year's budget. Councilman Nixon dissented on the motion to set the one-third travel allowance. It was moved, seconded and carried that the City Clerk's budget be approved at $46,880, with one-third of the previous year's travel budget included. The Council also approved the City Clerk's recommendations that: A Charter Amendment be put before the voters in the March 1979 election, to limit publication of ordinances to number, title and a brief summary of content; that residents and nonresidents alike be charged $18.00 per year for agendas and $3U.UU per year for minutes, effective January 1, 1979; and that copier costs be increased to 25¢ per page. It was moved, seconded and carried that the City Attorney's budget be increased by $20U for supplies and services, for a total of $67,377, with one-third of the previous year's travel budget included. It was moved, seconded and carried that the City Manager's budget be approved for a total of $IUU,17u, with one-third of the previous year's travel budget included. It was moved, seconded and carried that the Personnel Department budget be approved for a total of $13,530, with one-third of the previous year's travel budget included. It was moved, seconded and carried that the Finance Department budget be approved for a total of $1U1,847, with one-third of the previous year's travel budget included. It was noted that in lieu of filling a vacant Account Clerk position, the Finance Department arranged with the City Clerk's Office for one of her staff to fill in for 2-1/2 hours per day. Council agreed to finalize the Planning Department budget on Thursday evening, August 3, 1978. Merchants and property owners Irving Chapman and Sig Herzog addressed the Council regarding the increase in overtime parking meter fines. After discussion, it was agreed to hold the matter in abeyance until Thursday evening, August 3, 1978. The City Council adjourned to the second budget hearing on Wednesday, August 3, 1978. APPROVED THIS A �. J E M. LEONCINI'CitClerk DAY OF , '4�p 41-,;2 e4�� MAYOR OF THE CITY OF SAN RAFAEL 19 7e IT 1 • loh In the Council Chambers of the City of San Rafael, Wednesday, August 2, 1978, at 7:30 PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: REVIEW OF PRELIMINARY BUDGET, FY 1978/79 - File 8-5-1 The Council reviewed the proposal to redesignate the Building Inspection Division as the Land Develop- ment Division, with the designation of Chief Building Inspector being changed to Land Development Engineer, and adding Chief Building Inspector under classified employees; also, an Assistant Civil Engineer being designated as Building Development Engineer under Land Development. A proposal to redesignate a Maintenance Man II as a Grounds Worker III was also reviewed; the employee has been performing the supervisory duties in directing the Parkways & Islands Division. It was moved, seconded and carried with Councilman Jensen dissenting, to approve the proposed organizational change and redesignations. It was then moved, seconded and carried to approve the following Public Works Department budgets, with one-third of the previous year's budget for travel included: Administration & Engineering, $229,245; Street Maintenance, $670,338; Street Cleaning, $36,840; Street Painting, $38,352; Storm & Sanitary Sewers, $85,501; Street Trees & Islands, $140,04U; Parks, $183,261; Land Development, $95,973; Sanitation District, $2,900; and Weed Abatement, $1U,325. RESOLUTION NO. 5520 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTIONS NOS. 5133, 5134 AND 5391 (Amending Res. 5133 to include Police Records Clerk; amending Res. 5134 to delete Plan Development Coordinator; add Chief Building Inspector; add Building Development Engineer; delete Associate Civil Engineer; and add Grounds Worker III - all classified positions; and amending Res. 5391 to delete Chief Building Inspector; add Land Development Engineer and Associate Civil Engineer - all management positions. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None After discussion of responsibility for sewer laterals, and discussion of standby sewer crews, Council- man Jensen moved and Councilman Miskimen seconded that the Public Works Director draw up a policy for approval by the Council, that laterals are the responsibility of the property owners; and that a trial program for calling private firms for sewer problems during off-duty hours be implemented, with a record kept of costs involved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None It was moved, seconded and carried that the General Services budget be approved as follows: Central Services, $65,729; Building Maintenande, $66,998; Electrician, $26,402; and Garage, $238,960, includ- ing one-third of the previous year's travel budget. It was then moved, seconded and carried to approve the Parking District budget of $59,515. It was then moved, seconded and carried to approve the Nondepartmental budget of $2,292,b1U; the Gas Tax budget of $265,000; and the Bond Retirement budget of $371,620. The City Council adjourned to the third budget hearing on Thursday, August 3, 1978. A QLXNNISI. LEONCINI, Cit) Clerk APPROVED THIS � � DAY OF f 19 7 61Z( eZ4; MAYOR OF THE CITY OF SAN RAFAEL R RN • • In the Council Chambers of the City of San Rafael, Thursday, August 3, 1976, at 7:3U PPI. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. lylul ryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne PI. Leoncini, City Clerk RE: REVIEW OF PRELIMINARY BUDGET. FY 1976/79 - File 8-5-1 The Council met for the third hearing on the 1976/79 Fiscal Year budget, and considered the scheduled budgets. Council noted recommendation by staff that the Library be closed on Friday evenings and remain closed to the public from 9:UU to 1U:UO AM with the staff working. It was also recommended that the Bookmobile for Glenwood and Terra Linda be eliminated. After discussion Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Library budget with the 9% cut, curtailed hours and elimination of the Bookmobile in Glenwood and Terra Linda, for a total budget of $2b1,576 which includes one-third of the previous year's travel budget. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon moved and Councilman Jensen seconded, to approve the Recreation Department budget for a total of $106,391 which includes one-third of the previous year's travel budget. Mayor Bettini commended Recreation Director Jauch for the tremendous efforts within his department toward cutting the budget and still providing the services. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Judge Keating spoke on behalf of the Marin Historical Society, asking that there be no change in their rental of the Boyd House, citing that the Board of Supervisors has cut the County contribution by $600. He cited the services performed by the volunteer staff at the Museum and the fact that they have installed burglar and fire alarm systems in the House. Councilman Jensen moved and Councilman Nixon seconded, to leave the rental of the Boyd House by the Marin County Historical Society as it now is, at $1U0.OU per month. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council discussed the Falkirk (Cultural Affairs) budget, and the fact that there might be better use made of the house through rentals or other means. After further discussion, Councilman Nixon moved and Councilman Mulryan seconded, to eliminate the position of Director of Community Projects and create a position, probably part time, for a salary of $7UU or $6UU per month, for handling the affairs at Falkirk. Councilman Miskimen offered an amendment, in which Councilman Nixon concurred, to eliminate all reference to the salary and the fact that it would be part time, but substitute that the staff and Cultural Affairs Commission are to work out the details. Also, that the Council approves the Falkirk budget at $45,077 which includes one-third of the previous year's travel budget. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Jensen moved and Councilman Miskimen seconded, to approve the Community School budget of $22,488 which includes one-third of the previous year's travel budget. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Miskimen left meeting) Councilman Mulryan moved and Councilman Nixon seconded, to approve the Police Department Budget, with restoration of four positions as requested, with budget broken down as follows: Administration, $365,26b; Investigation, $242,719; and Uniform, $978,822, with one-third of the previous year's travel budget included. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen (Councilman Miskimen returned) Councilman Mulryan moved and Councilman Jensen seconded, to approve the Fire Department budget of $1,532,643, which includes one-third of the previous year's travel budget. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Fire Chief Marcucci stated that he is working on getting approximately $20U,000 from the County for the CSA #19 budget. Councilman Jensen moved and Councilman Miskimen seconded, to approve the CSA #19 budget of $201,723. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Manager Bielser informed the Council that it will not be possible to adopt the Redevelopment budget this evening, because there are too many variables. He stated that Attorney Goldfarb is studying the matter. Councilman Jensen moved and Councilman Miskimen seconded, to approve the Redevelopment budget in concept. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Jensen moved and Councilman Nixon seconded, to approve the Capital Improvements budget of $113,000. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Irving Chapman and Ken Reichard, Fourth Street merchants and property owners, discussed the increased parking meter violation fees. Various solutions to the problem were discussed and it was agreed that an in-depth study should be made by staff, as to whether the parking meter hourly rates should be revised, or what other corrective measures can be taken. The Planning Department budget, which was deferred from the August 1st meeting, was discussed, and on the subject of priorities of the various projects within the Department, Council requested that City Manager Bielser meet with Planning Director Hotchner and establish a set of priorities for the various projects. It was moved, seconded and passed to accept the Planning Department budget of $155,125, which includes one-third of the previous year's travel budget. It was moved, seconded and passed to approve the Revenue Sharing budget of $538,6UU. RESOLUTION NO. 5521 - RESOLUTION ADOPTING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1978 - JUNE 3U, 1979 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5522 - RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO ELIMINATE CERTAIN OPERATING FUNDS AND COMBINE THEM WITH THE CITY'S GENERAL FUND AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5523 - RESOLUTION FINDING AND DETERMINING THAT POLICE AND FIRE PROTECTION PROGRAMS ARE AT THE SAME LEVEL AND WILL BE MAINTAINED AT THE SAME OR HIGHER LEVEL THAN PROVIDED IN THE SCHOOL YEAR 1977/78 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5524 - RESOLUTION APPROPRIATING $113,798 TO THE REDEVELOPMENT AGENCY ADMINISTRATIVE FUND AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The City Council adjourned to their next regular meeting on Monday, August 7, 1976. &.�AN_i_iE M. LEONCI NI , City C1 erk APPROVED THIS DAY OF 19-7 tx,o,� &��t MAYOR OF THE CITY OF AN RAFAEL ' 'A In the Council chambers of the City of San Rafael, Monday, August 7, 1978, at 7:45 PM. Joint Meeting: Present: Fred E. Jensen, Vice-Mayor/Agency Member City Council and John A. Miskimen, Councilman/Agency Member Redevelopment Agency Lawrence E. Mulryan, Councilman/Agency Chairman Jack G. Nixon, Councilman/Agency Member Absent: C. Paul Bettini, Mayor/Agency Member Also Present: Harry A. Connick, City Attorney/Agency Attorney REDEVELOPMENT AGENCY: Chairman Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. RESOLUTION NO. 73-5U - AUTHORIZING THE SALE OF 532 "B" STREET, AP 13-U61-41 (FORMERLY COOK PLUMBING) AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Bettini RESOLUTION NO. 78-51 - AUTHORIZING THE SALE OF 522 "B" STREET, AP 13-U61-40 (FORMERLY CROCKETT) AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Bettini RESOLUTION NO. 78-52 - APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH HELLMAN-TURRINI PROPER- TIES (AP 14-123-U1 & 02) AYES: MEMBERS: Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Bettini CITY COUNCIL: Vice -Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was declared closed. RESOLUTION NO. 5525 - AUTHORIZING THE PURCHASE OF 532 "B" STREET (AP 13-061-41) File 2-1-b2 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5526 - AUTHORIZING THE PURCHASE OF 522 "B" STREET (AP 13 -U61 -4U) File 2-1-63 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5527 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO COMPLY WITH SECTION 33433 OF THE CALIFORNIA HEALTH AND SAFETY CODE REGARDING SALE TO HELLMAN-TURRINI PROPERTIES File 167 AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice-Playor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini The Council/Agency adjourned to the regular City Council meeting at 8:UU Plyl, August 7, 1976. NA A. UCHANAN, Deputy City Cler Acting Agency Secretary APPROVED THIS DAY OF 197$ r 91 In the Council Chambers of the City of San Rafael, Monday, August 7, 1978, at 8:UU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of July 17, 1978 Meetings Change in Meeting Date Due to Holiday - Labor Day, Monday, September 4, 1978 - File 9-1 Endorsement of Golden Gate Bridge, Highway & Transportation District's Application for Funds - File 112-2 Approval of Joint Powers Agreements re Building Usage with: a. Dixie School District File 4-7-3 b. San Rafael School District F; l a 4-7_11. Claim for Damages - Claudette Little File 3-1-348 Resolution Approving Lease Agreement for Property at Jordan & Lindaro Sts. (AP #13-031-46) - File 2-8-16 Resolution Authorizing San Rafael Public Library to Participate in California Library - File 9-3-61 Approved as submitted. Approved setting first meeting date in September for Tuesday, September 5, 1976. RESOLUTION 110. 5528 - ENUORSING THE APPLICATION OF THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTA- TION DISTRICT FOR TRANSPORTATION MOUE INTERFACE FACILITIES FUNDS RESOLUTION NO. 5529 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement w/Dixie School Dist.) RESOLUTION NO. 553U - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement w/San Rafael School Dist.) Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 55J1 - APPROVING LEASE AGREEMENT FOR PROPERTY AT JORDAN & LINDARO STS. (AP #13-U31-46) (Marin Lumber, $13,75U for 5u Mos.) RESOLUTION NO. 5532 - AUTHORIZING THE SAN RAFAEL PUBLIC LIBRARY TO PARTICIPATE IN CALIFORNIA LIBRARY SERVICES ACT AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - RECOMMENDATIONS OF CULTURAL AFFAIRS COMMISSION RE: File 13-14-2 a. Designation of Properties at 9U1/9U3/9u5/9U7/9U9 and 911 Irwin Street as Historical Landmarks. Mayor Bettini declared the public hearing opened. RESOLUTION NO. 5536 - DESIGNATING THE PROPERTIES LOCATED AT 9U1, 90, 9u5, 9U7-09 AND 911 IRWIN STREET, SAN RAFAEL AS HISTORICAL LANDMARK SITES AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. Designation of Historic District Boundaries to Include all Properties Located at 901/903/9U5/907/9U9 and 911 Irwin Street, and 61U Third Street. RESOLUTION NO. 5537 - DESIGNATING AN HISTORIC LANDMARK DISTRICT TO INCLUDE PROPERTIES LOCATED AT 901, 903, 9U5, 90-9, 911 IRWIN STREET ANO 610 THIRD STREET, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None c. Communication from Design Phase II Associates. Architect David Hanchette spoke regarding his letter in which he outlined plans for remodeling and alteration of the subject buildings. After discussion, he agreed to correct the exits to include outside stairs to meet fire regulations. There being no further public input, the public hearing was declared closed. RE: PUBLIC HEARING - UP78-3U - CATERING SERVICE IN ABANDONED SERVICE STATION: 167 THIRD STREET; GOODMAN LUMBER, OWNER; M. GARCIA, REP.; C-2 DISTRICT; AP 14-161-22 & 23 - File lU-5 Mayor Bettini declared the public hearing opened. 92 Mario Garcia of Sausalito Caterers, the appellant, informed the Council that he is on a month-to- month rental basis, and that the building and surrounding parking area are absolutely essential to his operation. He stated they have cleaned it up as much as they can, and noted that since his trucks are parking there at night there has been much less loitering in the area and consequently less debris. The Council agreed that the area is unattractive and that the most desirable solution would be for the owner to erect a fence to screen the area from public view. The public hearing was declared closed. Councilman Mulryan moved and Councilman Jensen seconded to grant the appeal to allow use for 90 days, and indicate to the owners of the property that it is the desire of the Council to impose the nuisance procedure if the conditions are not corrected. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: UP780-66, V78-22 - APPEAL OF ZONING ADMINISTRATOR CONDITIONS OF APPROVAL - SWIMMING POOL AND 6 -FOOT FENCE IN REVERSED FRONT SETBACK; 685 PENNY ROYAL LANE; DAVID J. ZAPPETINI, OWNER; R -1 -CSD DISTRICT; AP 178-U92-01 - File 1U-4/lU-5 Mayor Bettini declared the public hearing opened. David Zappetini stated he would like to move his fence out to the retaining wall which is within the right-of-way, and was appealing the condition of the Planning Commission that there be a landscape strip between the fence and retaining wall. Senior Planner Anne Parke stated that the setback was to permit City adequate room to repair the side- walk or do work in the right-of-way. There being no further public input, the public hearing was declared closed. Councilman Nixon moved and Councilman Jensen seconded, to sustain the appeal, and that an encroachment permit be granted, and that a six-foot fence be permitted on top of the retaining wall, for a total height of 8 feet. AYES: COUNCILMEN: Jensen, Dixon and Mayor Bettini NOES: COUNCILMEN: Miskimen and Mulryan ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - V78-23 - APPEAL OF ZONING ADMINISTRATOR'S DENIAL - PARKING IN FRONT YARD SETBACK; 348 DEVON DRIVE; PATRICK JOHNSON, OWNER; W. JOHN MOUNTZ, REP.; R -1-B-1 DISTRICT; AP 175-3U2-09 - File lU-4 Mayhor Bettini declared the public hearing opened. W. John M ountz requested that the Council grant the appeal, since he felt there was adequate space for two cars to park on the front yard setback. He objected to the ordinance which prohibits such parking. There being no further public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, that the appeal be denied. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: MODIFICATION OF PICKLEWEED PARK FUNDING - File 12-5 x 2-1-55 Council considered a staff report which stated that there is a possibility of funding an additional $100,000 for development of Pickleweed Park. The funds would come available if the City decides to back the application of a private developer on the Fourth & Union Street properties, in which case the $85,000 the City has earmarked for development assistance at Fourth & Union would no longer be needed. The report further proposes that the City could use the $25,000 in HCDA funds which were reserved for further modifications at Falkirk, and apply for the amount again next year to use the money for the Falkirk modifications. In consideration for this reallocation of funds the Canal Community Council has agreed to drop its opposition to applying $27,5U0 to the Bellam Boulevard right-of-way acquisition. After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, to approve the staff recommendation in concept, pending outcome of the application for additional funding. If the additional funds become available, the possibility of a building rather than additional turfing is to be decided. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None row RE: APPEAL ON REQUIREMENT FOR BUSINESS LICENSE - EMMET V. CORRIDAN - File 9-10-2 Mr. Corridan informed the Council that he is appealing the requirement for a business license because he does not perform business from his home, and does not have a phone under his company's name. He stated he spends about four hours per week calling on his customers in San Rafael, and that the bal- ance of his calls are made from Mountain View to Healdsburg. The Council reviewed a determination from the City Attorney that the sales activity of Mr. Corridan would constitute a business and that he should be required to secure a business license. Councilman Mulryan moved and Councilman Miskimen seconded, that Mr. Corridan not be required to have a business license. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: STATUS REPORT ON IMPLEMENTATION OF RESIDENTIAL REHABILITATION PROGRAM - File 157 Council reviewed a staff report which stated that the residents who have expressed interest in participating in the program are not restricted to any specific area of the City. For this reason, staff recommended that the City as a whole be designated as the project area. Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation that the City as a whole be designated as the project area for the Residential Rehabilitation Program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILIAEN: None RE: REPORT ON DUTCH ELM DISEASE - File 9-3-4U Council reviewed a report from staff, which recommended that the Council approve the State's policy and procedures with respect to Dutch Elm Disease, subject to various conditions: No tree removal in San Rafael without approval from Department of Public Works; Department personnel to inspect each tree recommended by the State for removal, along with the consultant when considered necessary, and approve or disapprove on each tree; when the City and State agree on tree removal, the property owner concerned will be informed and concurrence requested; property owner to have the right to appeal to the City Council on removal. The final recommendation was that all City -owned trees (diseased and non -diseased) recommended for removal by the State or County agencies be removed at the expense of those agencies. Mike Arciero, Project Director for Dutch Elm Disease for the State of California, outlined their program and concurred in staff recommendations except for the last item, regarding expense for re- moval of trees. Mr. Arciero then discussed the program of injecting the trees with Lignasan-Arboral- Arbortect, and did not recommend their use. Several individuals spoke in favor of the injection treatment and requested that the Council consider such a program. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the first four points in the staff memo regarding conditions. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Following further discussion Councilman Mulryan moved and Councilman wliskimen seconded, that staff check into feasibility of a fungicide program, and dead-wooding, and include costs and budgetary limits. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BID OPENING - KERNER-CANAL STORM DRAINAGE OUTFALL PIPE REPAIR PROJECT - File 4-1-173 RESOLUTION NO. 5533 - RESOLUTION OF AWARD OF CONTRACT (Maggiora & Ghilotti, Inc., Lump Sum Price $14,75U) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BID OPENING - KERNER-CANAL STORM DRAINAGE OUTFALL PIPE LINING PROJECT - File 4-1-272 RESOLUTION WO. 5534 - RESOLUTION OF AWARD OF CONTRACT (W. R. Thomason, Inc., $1Ub,41U) AYES: COUNCILMEN: Jensen, I li skimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None LITI [WAM" RE: PROPOSED CULTURAL AFFAIRS COMMISSION GOALS & POLICY STATEMENTS - File 9-2-24 Cultural Affairs Commission Chairman Daniel Mardesich stated that his reason for asking the Council to approve such a statement was so that it will be simpler to plan programs, events, workshops, etc., without having to come to the Council for every one. He emphasized that whatever programming is done for Falkirk will be self-sustaining. Mr. Mardesich requested that the Council approve hiring of an individual to take over the coordina- tion for the Fall Festival at Falkirk which is scheduled to start September '22. He mentioned that there is approximately $9,000 remaining in the salary budget, and suggested that a portion of that could possibly be used. After discussion Councilman Miskimen moved and Concilman Ivlulryan seconded, to authorize the Cultural Affairs Commission and staff to initiate a contract not to exceed $1,5Uu to employ an individual to supervise Falkirk affairs, the amount to be deducted from the salary expense authorized in the budget. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Mulryan then moved and Councilman Miskimen seconded, to approve the Goals and Objectives of the Cultural Affairs Commission as presented. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM LOUISE SOUSA - File 13-1-1 Council considered a letter from Mrs. Sousa, in which she stated that as the law now reads property owners are obliged to put signs regarding handicapped parking areas at the entrances to their property and in the case of large department stores or shopping areas this is very expensive. She stated she understood the law is now being changed so that the signs may be posted only at the handicapped parking stalls. The Council directed that the City Attorney research the matter and see if the law has in fact changed. If so, a resolution is to be adopted to clear up the matter. The City Attorney is to report back to the Council on August 21st. RE: REPORT ON LOW AND MODERATE INCOME SENIOR CITIZENS HOUSING PROJECT - File 13-16 No action required on this item; resolved at Redevelopment Agency meeting this date. RE: REPORT ON VACANT LOTS FRONTING PEACOCK GAP LAGOON - 2-1-62 Council reviewed and accepted a report from Redevelopment Agency Associate Director Ward, giving the status of six lots fronting Peacock Gap Lagoon which as of May 15th have not yet been built upon. Two of the lots could be considered for purchase, at $175,000 each. RE: COMPLAINT FROM MR. & MRS. BLODGETT - File 3-3-2b (Councilman Miskimen left meeting) Mayor Bettini asked City Attorney Connick to take positive action regarding the property at 231 Union Street, since he has been receiving complaints regarding nonconforming use. The City Attorney was directed to file abatement proceedings if the conditions are not corrected by August 8th. Mrs. Waters of 211 Union Street reported that conditions are substandard in her building also, and that the same person owns both buildings. Mrs. Waters was requested to speak with Assistant City Manager Meador in regard to her problems. (Councilman Mulryan left meeting) RE: COMMUNICATION FROM TOWN OF CORTE MADERA RE CLEAN INDOOR AIR INITIATIVE - File 9-1-2 No action was taken on this item, in view of the City's long-standing policy regarding initiatives of this type. RE: APPLICATION FOR CERTIFICATION OF THE CITY'S HISTORIC PRESERVATION ORDINANCE - File 13-14-2 RESOLUTION NO. 5535 - AUTHORIZING APPLICATION FOR CERTIFICATION OF THE CITY'S HISTORIC PRESERVATION ORDINANCE NOS. 11919 12b4 and 1297 BY THE NATIONAL PARK SERVICE OF THE UNITED STATES DEPARTMENT OF THE INTERIOR AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nliskimen and Mulryan ADD ITEMS: RE: RENTAL OF FORMER CAL'S STEAK HOUSE PROPERTY - File 2-8-16 Assistant City Manager Meador informed the Council that the Younger for Governor Committee has requested use of the former on a rantal basis from mid-August to mid-November. The Council approved the rental of the building, as long as there is a 8U -day cancellation clause. [7AM RE: APPLICATION FOR DEVELOPMENT OF LOUISEGRADY PROPERTY - File 9-3-17 Planning Director Hotchner reported that the City has been advised by the County of Marin that they are again processing the application for about 270 units on the Louise Grady property which is located off Lucas Valley Road. It is the same application which was presented a couple of years ago, with the same Environmental Impact Report. RE: COMPLAINT RE NOISE ON LAS COLINDAS ROAD - File 3-3-27 Mayor Bettini informed City Attorney Connick that he has had complaints regarding noise and bikes on Las Colindas Road. Mr. Connick stated he has been in touch with one of the property owners who complained, and will follow up on it. Mayor Bettini informed the City Attorney that if the condition is not corrected, he is to file a public nuisance action. RE: NEIGHBORHOOD STANDARDS ORDINANCE - File 153 Councilman Nixon inquired about the status of the Neighborhood Standards Ordinance. Planning Director Hotchner reported that the final draft will be on the agenda of the Planning Commission meeting of August 22nd. RE: PURCHASE OF SOCCER GOALS FOR YOUTH SOCCER PROGRAM - File 9-3-65 Councilman Nixon informed the Council that the Youth Soccer Program is in need of eight soccer goals and inquired if the purchase of the goals could be funded. Councilman Jensen moved and Councilman Nixon seconded, that $bUO be allocated out of the $1,000 Promotional Fund toward purchase of the goals. AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mulryan (Coundilman Miskimen returned) Councilman Nixon then moved, and Councilman Miskimen seconded, to approve $60U from the Miscellaneous Park Improvements Account of the Capital Improvements Fund. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The City Council adjourned to their next regular meeting on August 'L1, 1976. REGINA A. BUCHANAN, Deputy City Clerk APPROVED THIS — DAY OF 197 MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the San Rafael City Hall, Monday, August 14, 1976, at 7:3U PILI. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mul ryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager Meeting was called by Mayor Bettini in compliance with Section 2.U4.U2U of the San Rafael Municipal Code entitled, "Special Meetings". It was an Executive Session to consider the appointment, employ- ment, or dismissal of a public employee. No action was taken. J EVE M. LEONCINI, City 0,1erk APPROVED THIS DAY OF , 197 60��a dl� MAYOR OF THE CITY F SAN RA AEL 97 In the Council Chambers of the City of San Rafael, Monday, August 21, 1978, at 8:OU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of the Special - August 7 and Executive Session - August 14, 1978 Meetings Claim for Damages - Marin Storage & Trucking, Inc. - File 3-1-350 Claim for Damages - Barbara O'Neill - File 3-1-364 Claim for Damages - Roussel De Lury - File 3-1-365 Authorization to Initiate Defensive Driving Course - File 7-4-6 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 disapproval of late claim application. Approved staff recommendation to implement this program beginning 9-15, and charge cost to the Worker's Compensation Fund. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 7, 1978 Assistant Attorney Bullard requested that a paragraph be inserted on page 3 of the minutes of the regular meeting of August 7, 1978, regarding Public Hearing - V78-23 - Appeal of Zoning Administra- tor's Denial - Parking in Front Yard Setback; 348 Devon Drive; Patrick Johnson, Owner; W. John Mountz, Rep.; R -1-B-1 District; AP 175 -3U2 -U9, as follows (additions underlined): There being no further public input, the public hearing was declared closed. The Council made findings, reaffirming those of the Planning Commission, that the applicant's property contained no extraordinary conditions regarding the land or buildings, that the reason for the variance was self-imposed and that the variance was more properly the subject of legislative action. Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended change to the minutes of the regular meeting of August 7, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - V78-21 - ENCROACHMENT INTO SIDE YARD WITH DECK AND ADDITIONAL LOT COVERAGE; 18 MARIN STREET; ROBERT & ALICE PALMER, OWNERS; R-2 DISTRICT; AP 12-181-24 - File 1U-4 Mayor Bettini declared the public hearing opened. Letter from law office of Peter B. Brekhus, Attorney for appellant, had been received asking for a continuation of the hearing until September 5, 1978, due to Attorney Brekhus being on vacation. Mayor Bettini declared the public hearing closed. The Council continued the hearing until September 5, 1978. RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE; ADJACENT TO 5U ELDA DRIVE; HAROLD D. HOLTZINGER, OWNER; R-1 DISTRICT; AP 175-U82-21; DIANE S. GRAVES, 5U ELDA DRIVE, APPELLANT - File 10-b Mayor Bettini declared the public hearing opened. Appellant, by letter, requested continuance of the public hearing to September 18, 197b, due to a change in vacation plans. Mayor Bettini declared the public hearing closed. After discussion, the Council agreed to continue the hearing until September 18, 1978. RE: REQUEST FOR ABANDONMENT OF A PORTION OF LINDEN LANE - File 2-12 x 1U-5 Mr. Stanley A. Feingold, owner of property at #2 Brookdale Avenue, had requested to start abandonment proceedings on the portion of Linden Lane which is contiguous to his property. Staff recommended against this request for various reasons. After discussion of recommendations made by staff, Councilman Mulryan moved and Councilmen seconded, to grant a Variance (77-25) for 3 parking spaces, without prejudice, at the request of Attorney Stanley Feingold. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon ABSTAINED: COUNCILMEN: Mayor Bettini, due to possible conflict of interest. Councilman Miskimen then moved and Councilman Mulryan seconded, to reapprove the Use Permit (77-96) with Condition "C" (time limit of 9U days) deleted. AYES: COUNCILMEN: Miskimen, Mulryan and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon ABSTAINED: COUNCILMEN: Mayor Bettini, due to possible conflict of interest RE: MATTERS REFERRED TO CITY ATTORNEY a. REPORT RE NUISANCE ABATEMENT AT 211 and 231 UNION STREET - File 3-3-2b x 9-3-16 Mayor noted that he had received complaints of a nonconforming unit downstairs at this location for the past several years and asked why legal action had not been taken against the violators. Attorney Connick stated he had just recently become aware of the problem and would continue to investigate this. Mayor Bettini reiterated that a follow-up program be implemented, with prompt legal action instituted against code violators by the City Attorney. b. REPORT OF CITY ATTORNEY RE HANDICAPPED PARKING ENFORCEMENT - File 13-1-1 x 9-3-16 Council denied request for additional signing by City in private parking lots as City cannot place signs on private property. Council will support Legislative Amendment regarding posting of signs, to be presented sometime in January 1979. If Amendment is not adopted, Council told Mrs. Louise Sousa they will discuss subject further. c. REPORT ON PROPOSED 'NUISANCE ABATEMENT OR PUBLIC NUISANCE ACTIONS RE LAS COLINDAS ROAD - File 3-3-27 x 9-3-16 Council accepted staff's report regarding complaints of neighbors adjacent to 554 Las Colindas Road, and City Attorney's letter to resident at that address asking his cooperation in correcting the noise problem and the unsightliness of the yard. Police Department was requested to watch the residence closely. City Attorney to take prompt legal action if problems are not corrected. d. COMPLAINT RE 12 HEPBURN HEIGHTS - File 3-3-28 x 9-3-1b City Attorney was requested to implement a follow-up program to make sure how many related people are living at this address, and whether there are continuing violations of the building code, with prompt legal action to be taken against code violators. RE: DISCUSSION RE VACANCIES ON VARIOUS COMMISSIONS AND BOARDS - File 9-2-24 x 9-2-5 x 9-2-3 x R -14U Redevelopment Council discussed the possibility of consolidation of the Parks and Recreation Commission, the Cultural Affairs Commission and the Library Board, in light of Proposition 13 and the need to cut down the staff time required to work with these individual Commissions and Board. After discussion, Council decided to continue this item for further study and staff input to the next meeting to be held September 5, 1976. City Manager Bielser stated that the Redevelopment Citizens Advisory Committee is required by law and should therefore remain as a separate Committee; however, the filling of the current vacancy on this Committee, due to the resignation of Mel Croner, is not required. Councilman Miskimen moved and Councilman Jensen seconded, to not fill the vacancy on the Redevelop- ment Citizens Advisory Committee, thereby reducing the number of members from 9 to d. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: RECOMMENDATIONS RE ACTUARIAL STUDY - CITY RETIREMENT SYSTEM - File 7-1-26 After discussing Finance Director Coleman's report, Councilman Mulryan moved and Councilman Jensen seconded, to approve the recommendation to accept the assumptions that were made by Martin Segal and apply these assumptions to the City's portion of the retirement system (alternative two). AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon tiPJ Staff was requested to look into the possibility of City establishing their own Retirement Board, if County has no objection. RE: RESOLUTION AUTHORIZING GRANT APPLICATION - OFFICE OF TRAFFIC SAFETY - File 9-3-3U Council considered a report by Police Chief Benaderet to apply for a $9U,000 grant from the Office of Traffic Safety to obtain an on-line computer to be used by the Police Department in formulating a Traffic Management Information System. Computer could also be adapted to other City-wide uses. RESOLUTION NO. 5536 - AUTHORIZATION TO SUBMIT APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES, TO OFFICE OF TRAFFIC SAFETY AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Council directed Finance Director to look into expanding Computer's usage on a City-wide basis and report back to Council. RE: ADOPTION OF TAX RATES FOR FISCAL YEAR 1976/79 - File 9-12-1 RESOLUTION NO. 5539 - RESOLUTION SETTING A TAX RATE OF 1U-1/2¢ FOR THE CITY OF SAN RAFAEL, FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION SEWER BONDS, ON OPEN SPACE BONDS, AND FOR PAYMENT OF PRINCIPAL AND INTEREST ON TERRA LINDA RECRE- ATION DISTRICT BONDS ASSUMED BY CITY OF SAN RAFAEL - 1-1-73 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 554U - RESOLUTION SETTING A TAX RATE OF b.9¢ FOR PAYMENT OF PRINCIPAL AND INTEREST ON GENERAL OBLIGATION OPEN SPACE BONDS AND TERRA LINDA RECREATION DISTRICT BONDS ASSUMED BY CITY (TERRA LINDA ANNEXATION) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: OFFSET PRESS BID SUMMARIES - File 4-2-133 RESOLUTION NO. 5541 - AUTHORIZING THE PURCHASE OF DUPLICATING SYSTEM (To Addressograph Multigraph Corporation, Low Bidder - $23,152.99) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REQUEST FOR STREET CLOSURES - File 11-19 a. REQUEST FROM MARIN SYMPHONY ASSOCIATION Council approved request of Marin Symphony Association to close off Magnolia Street, between Palm and Deer Park Avenue, between 11:30 a.m. and 4:30 p.m. on September 10, 1976, in conjunction with a free Marin Symphony concert planned that day. b. REQUEST TO CLOSE RAY COURT FOR BLOCK PARTY Council approved request from residents of Ray Court to close street on August L7, 1976, during the day for a Neighborhood Block Party. Access for emergency vehicles to be maintained at all times. Assistant City Attorney to obtain Hold Harmless Agreement. RE: BID OPENING - ANNUAL STREET RESURFACING PROJECT - File 4-1-274 RESOLUTION NO. 5542 - AWARDING CONTRACT FOR STREET RESURFACING - 1976 PROJECT NO. 76.161 (To Ghilotti Bros., Inc., Low Bidder) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon ADD ITEMS: RE: AGREEMENT FOR SERVICES WITH HERBERT G. HOTCHNER AS COMMUNITY PROJECTS COORDINATOR - File 9-3-83 City Manager Bielser presented an Agreement for Services with Herbert G. Hotchner as Community Projects Coordinator, which had previously been discussed in Executive Session, relating to a three year contract for certain advanced planning items. City Manager also requested authorization to set the salary for the Planning Director position for recruitment purposes and authorization to recruit for that position. 1®0 RESOLUTION NO. 5543 - AUTHORIZING THE SIGNING OF A CONTRACT WITH HERBERT G. HOTCHNER (Community Projects Coordinator) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon File 7-3 x 9-3-17 RESOLUTION NO. 5544 - RESOLUTION AMENDING PAST RESOLUTIONS AND APPROPRIATINU CERTAIN MONIES (Adding Community Projects Coordinator, Revising Planning Director & Deleting Community Development Director & Community Projects Director) AYES: COUNCILMEN: Jensen, Miskimen, Nlul ryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon File 7-J x 9-3-17 x 9-3-11 Councilman Jensen then moved and Councilman Miskimen seconded, to appoint Raymond L. Meador as Acting Planning Director upon signing of the Agreement with Mr. Hotchner. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REQUEST FOR $25 DONATION TO BE GIVEN TO ECUMENICAL HOUSING FOR THEIR PRO TOTAL ENVIRONMENT MARIN HOUSING CONFERENCE - File 13-16 Councilman Jensen moved and Councilman Miskimen seconded, to approve giving a donation of �Z5 to Ecumenical Housing for their Pro Total Environment Marin Housing Conference. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The City Council adjourned to Executive Session to discuss property acquisition. APPROVED THIS E NNE M. LEONCINI, Cit Clerk DAY OF19 % � 6e:za *q4 MAYOR OF THE CITY OF SAN RAFAEL 101 In the Council Chambers of the City of San Rafael, Tuesday, September 5, 1978, at d:UU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Mulryan moved and Councilamn Nixon seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of the August 1, 2, 3, and August 21, 1978 meetings. Claim for Damages - Jack D. Strickland File 3-1-346 Claim for Damages - Kenneth Green File 3-1-3b2 Claim for Damages - Patrick Connick File 3-1-369 Claim for Damages - Toshie Connick File 3-1-37U Request for Reimbursement - Police Olympics File 9-3-30 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. Approved R. L. Kautz Co. recommendation for denial. Approved payment of 1/3 of costs, total $b' . Resolution Authorizing Destruction of Records - RESOLUTION NO. 5545 - AUTHORIZING THE File 9-13 DESTRUCTION OF CERTAIN FINANCE DEPARTMENT DOCUMENTS Set Date for Public Hearing for Abandonment of Set public hearing for October 2, 1978. a Portion of Tamalpais Avenue Located Between Willow Avenue and the Southbound Off -ramp from Highway 1U1 to North San Pedro Road - Pilo Modification of Master Fee Schedule for Certain RESOLUTION NO. 5546 - RESOLUTION AMENDING Planning Fees - File 9-1U-2 x 9-3-17 THE MASTER FEE SCHEDULE (Animal Permits; Sign Review - Conforming & Adjustment; Use Permit - Fence; and Notification Charge) Resolution Amending Loan with Redevelopment RESOLUTION NO. 5547 - RESOLUTION AMENDING Agency - File 8-5 x 14U RESOLUTION NO. 5524 APPROPRIATING $4d4,575 TO THE REDEVELOPMENT AGENCY ADMINISTRATIVE FUND AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CITY COUNCIL MINUTES OF AUGUST 3, 1978 Councilman Nixon requested an addition to the City Council minutes of August 3, 1978, page 2, regarding discussion of the increased parking meter violation fees. (Addition underlined.) 'Various solutions to the problem were discussed, including a suggestion by Councilman Nixon that the bulk of the parking meters be changed to two hours, and it was agreed that an in-depth study should be made by staff... Councilman Mulryan moved and Councilman Nixon seconded, to approve the recommended change in the minutes. AYES: COUNCILMEN: Jensen, Miskimen, rvlulryan, Nixon and Mayor bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ABANDONMENT OF DRAINAGE AND FLOOD EASEMENTS - 175 RIVIERA DRIVE - File 2-12 Mayor Bettini declared the public hearing opened. The Council heard from Peacock Gap residents and members of the Peacock Gap Homeowners Association Fred Kanter, Bob Winckler, B. Waters and Kenneth Levy, objecting to abandonment of the drainage and flood easements and also objecting to the development of the subject property. Mr. Winckler informed the Council that his Association had been, and still is, willing to discuss acquisition of the property at a reasonable price. 102 Attorney Richard Tarrant, representing Sidney Hendricks, owner of the property, stated that he had been authorized by Mr. Hendricks to state that the property could be offered to the City or to the Peacock Gap Homeowners Association at fair market value. There being no further public input, the public hearing was declared closed. Councilman Miskimen moved and Councilman Nixon seconded, to continue the hearing for two weeks to permit the seller and the Homeowners Association time to negotiate. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - V7d-21 - ENCROACHMENT INTO SIDE YARD WITH DECK AND ADDITIONAL LUT COVERAGE; 16 NIARIW STREET; ROBERT & ALICE PALMER, OWNERS; R-2 DISTRICT; AP 12-161-24 - File 1U-4 Mayor Bettini declared the public hearing opened. Acting Planning Director Meador informed the Council that the attorney for the appellant, Peter Brekhus, has indicated that the property owners will cut off three feet of the deck, and nullify the appeal since it will then comply with the ordinance. Hardy Langworthy of 21 Marin Street, complained that the property owners have done considerable con- struction without permits. Mr. Meador stated that the construction will be checked by the Building Division on September 6th. He also stated that the owners' attorney has agreed that they will comply with all City regulations. Mayor Bettini declared the public hearing closed. Councilman Mulryan moved and Councilman Miskimen seconded, to deny the appeal. AYES: COUNCILMEN: Jensen, Miskimen, Liulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon requested that staff report back to the Council on the matter. RE: PUBLIC HEARING - REZONING - (Z76-13), 111 CLORINDA AVENUE (AP 12-211-21), FROM: R-2 DUPLEX RESIDENTIAL) DISTRICT TO: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT; INITIATED BY JOHN & RENA VELCICH REPRESENTED BY BALA & STRANDGAARD - File 1U-4 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Nixon moved and Councilman Mulryan seconded, to approve a Negative Determination as to Environmental Impact. AYES: COUNCILMEN: Jensen, Lliskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An ordinance of the City of San Rafael amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.U20 of the Municipal Code, so as to Reclassify Certain Real Property from R-2 (Duplex Residential) District to R-1 (Single Family Residential) District (111 Clorinda Avenue), and numbering Charter Ordinance No. 13U7, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Liulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REZONING - (Z77 -8(b) ), bOU POINT SAN PEDRO ROAD (SAN PEDRO COVE) FROM: P -U PLANNED DEVELOPMENT DISTRICT, TO: P -D PLANNED DEVELOPMENT DISTRICT, TO PERMIT CHANGES OF THE MASTER PLAN AS REgUIRED BY BCDC; INITIATED BY CHARLES & FRANK PAGANINI, REPRESENTED BY ENVIRON- MENTAL PLANNING & DESIGN ASSOCIATED - File 10-4 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. Councilman Jensen moved and Councilman Nixon seconded, to approve a Negative Determination as to Environmental Impact. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 103 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 San Rafael Municipal Code by Amending Ordinance No. 128J (San Pedro Cove - PD Development Plan Amendment) by Adding Condition to Development Plan Con- ditions and Revising Master Plan, and numbering Charter Ordinance No. 1JUd, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Miskimen left meeting) RE: SMOKE DETECTION ALARM ORDINANCE - File 13-5 An ordinance of the City of San Rafael Amending Ordinance No. 1266, Codified as Title 4, Chapter 4.U6 of the Municipal Code of the City of San Rafael, Requiring Installation of Centrally Terminated Smoke Detector Systems in Multiple Residential Buildings Upon Their Construction, Repair, or Transfer, and numbering Charter ordinance No. 1309, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM STATE DEPARTMENT OF PARKS & RECREATION RE CHINA CAMP STATE PARK OVERNIGHT CAMPING - File 9-3-66 Council considered a planning package from the State Department of Parks and Recreation concerning the development of China Camp State Park, in which overnight camping would be permitted. After discussion Councilman Mulryan moved and Councilman Nixon seconded, to restate the Council's position in opposition to overnight camping, in letters to Senator Behr and Assemblyman Wornum, and also to the State Parks & Recreation Department, with the Council's position stated in a forceful way. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF MAKEUP OF BOARDS AND COMMISSIONS - File 9-2-24 x 9-2-5 x 9-2-3 x 9-2-b The Council considered the possibility of consolidation of various commissions for economy purposes, to streamline activities and lessen the burden on the staff. They then heard from Daniel M ardesich, Chairman of the Cultural Affairs Commission, William Love, Chairman of the Parks & Recreation Commission, James Mayer of the Library Board of Trustees, Anise Turina of the Redevelopment Citizens Advisory Committee, and several citizens, regarding the diversity of interests of the various commissions and the fact that the members of each commission are expert in their respective fields. The speakers all stated that they felt additional public input which would result from having more individuals involved is a benefit to the City, and the commissioners and board member promised that they will all continue to do as much work as they can and not burden the staff with time-consuming projects. Clifford Elbing of the Fire Commission stated that staff work required by the Fire Commission is minimal, and will continue to be so. Council reviewed the staff report which indicated one vacancy each on the Cultural Affairs Commission, Fire Commission, Library Board of Trustees, and Planning Commission. Councilman Mulryan moved and Councilman Miskimen seconded, to call for applications to fill the vacanciews on the commissions and board. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Mayor Bettini left the meeting) RE: DISCUSSION OF REVISED PROCEDURE FOR PLANNING COMMISSION APPEALS - File 9-L-6 x 9-3-17 RESOLUTION NO. 5546 - RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO AMEND THE MUNICIPAL CODE BY ADDING SECTION z.ub ENTITLED APPEALS ANU AWIENUINb SECTION 14.64.U40 OF THE SAN RAFAEL MUNICIPAL CODE AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Resolution provides for referring proposed ordinance amending the Municipal Code relative to the appeals procedure to the Planning Commission for review and recommendation to the City Council. RE: PROPOSED CHARTER AMENDMENT TO LIMIT CITY SPENDING - File 9-1 x 9-4 (Mayor Bettini returned during discussion) Councilman Miskimen proposed a Charter amendment for the March 6, 1979 election, in the form of a spending limitation which would require future City Councils to be prudent in their expenditures. 104 Tne proposed Charter amendment would limit the percentage increase in general government expenditures to whatever our percentage increase in population is, plus two-thirds of the rise in the cost of living. The matter was discussed. No action was taken. RE: REPORT ON CLOSURE OF TERRA LINDA RECREATION CENTER POOL - File 9-3-b5 Council reviewed a report from the Recreation Department, stating that due to an anticipated deficit in operation of the Terra Linda Recreation Center Pool the closing date was being moved up to September 11th rather than the advertised date of October 1st. The report gave two alternatives regarding days and hours of operation, since there had been objection by residents to the early closing of the pool. Councilman Jensen moved and Councilman Mulryan seconded, to approve Alternative II, for hours of operation of the pool to be on Fridays from 3:UU to 6:Uu PM, and on weekends from 12:JU to b:JU PM, through October 1st. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADD ITEMS RE: REQUEST FROM MARIN SYMPHONY ASSOCIATION - File 11U Councilman Jensen moved and Councilman Miskimen seconded, to approve the request of the Marin Symphony Association and declare the week of September 1U - 17th as "Marin Symphony Week." AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: LEAGUE OF CALIFORNIA CITIES CONFERENCE REPRESENTATION - File 9-11-1 Mayor Bettini appointed Councilman Jensen as voting delegate to the League of California Cities Conference in Anaheim, September 24/26, 1976. The Council adjourned to Executive Session to discuss property acquisition. NNE M. LEONCINI, Cit Clerk APPROVED THIS � 8 DAY OF 19 7,� &�C2G(l Itle � MAYOR OF THE CITY OF SAN RAFAEL ******************************************************************************** In the Council Chambers of the City of San Rafael, Monday, September 18, 1978, at 8:UU PM. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Mulryan moved and Councilamn Miskimen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of the September 5, 1978 Meeting Claim for Damages - Louis Canevari File 3-1-362 Claim for Damages - John Wolf File 3-1-366 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Grant of Additional Street Right -of -Way - Merrydale Road - File 2-2 Agreement with PG&E for Underground Gas & Electric Facilities - Smith Ranch Assessment District No. 1. - File 6-32 Letter Supporting Reappointment of Ernest Kettenhofen to Commission on Navigation and Ocean Development - File 9-1 Set Date for Public Hearing on Abandon- ment of Portion of Linden Lane between Mountain View & Locust Avenues - File 2-12 Mutual Aid Regulations Authorizing Fire Department to Dispatch Personnel and Equipment to Emergency Incidents Within and Outside Marin County - Fila 1,4-;i AYES: COUNCILMEN: Miskimen, Mulryan, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5549 - ACCEPTING CONVEYANCE OF ADDITIONAL STREET RIGHT-OF-WAY - MERRYDALE ROAD, SAN RAFAEL, CALIFORNIA (Robert A. & Elaine J. Vasser) RESOLUTION NO. 556U - AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND PACIFIC GAS & ELECTRIC COMPANY, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA Supported reappointment. RESOLUTION NO. 5551 - RESOLUTION OF INTENTION TO ORDER VACATION OF PUBLIC STREET Set public hearing for October 16, 1978. RESOLUTION NO. 5552 - AUTHORIZING THE SAN RAFAEL FIRE DEPARTMENT TO RESPOND TO EMERGENCY INCIDENTS WITHIN THE COUNTY OF MARIN RESOLUTION NO. 5553 - AUTHORIZING THE SAN RAFAEL FIRE DEPARTMENT TO RESPOND TO CALLS OUTSIDE THE COUNTY Nixon and Vice -Mayor Jensen 1®5 RE: PUBLIC HEARING - ABANDONMENT OF DRAINAGE AND FLOOD EASEMENTS - 175 RIVIERA DRIVE - File 2-12 Vice -Mayor Jensen declared the public hearing opened. Hearing continued to October 16, 1978 at request of property owner's attorney. RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE; ADJACENT TO 50 ELDA DRIVE; HAROLD D. HOLTZINGER, OWNER; R-1 DISTRICT; AP 175-082-21; DIANE S. GRAVES, 50 ELDA DRIVE APPELLANT - File 10-6 Vice -Mayor Jensen declared the public hearing opened. RESOLUTION NO. 5555 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Covenant with Harold & Sara Holtzinger, re Property Adjacent to 50 Elda Drive, AP #175-082-21) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Hearing continued to October 2, 1978, at request of appellant. RE: PUBLIC HEARING - MINOR ZONING ORDINANCE TEXT AMENDMENTS (Z78-14) - VARIOUS - File 1U-8 x 1-5 Vice -Mayor Jensen declared the public hearing opened. Hearing continued to October 2, 1978, to allow staff time for additional work. RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z78-1) TO ADD MOTOR VEHICLE SERVICE USE DEVELOPMENT STANDARDS A�iu RELATED CHANGES - File 10-3 Vice -Mayor Jensen declared the public hearing opened. Community Projects Coordinator Hotchner gave a report on the amended Ordinance No. 1288 which had been originally passed to print at the February 6, 1978, Council meeting, but had not been adopted. Mr. Hotchner stated that the amended ordinance has the concurrence of the business people and the Chamber of Commerce. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to make a Negative Declaration as to Environmental Impact. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini An Ordinance of the City of San Rafael Amending Title 4, Zoning, of the San Rafael Municipal Code by Amending Ordinances Nos. 1020 Section 1 and 1007 Section 1 (Part), as Codified at Sections 14.U8.14U M, 14.52.050 and 14.56.U2U Respectively, and Adding a New Chapter 14.6,E Entitled "Motor Vehicle Service Uses", and numbering Charter Ordinance No. 1288, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 106 RE: FINAL ADOPTION - ORDINANCE NO. 1307 - AM ENDINu THE ZUNINb MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.U20 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R-2 DUPLEX RESIDENTIAL DISTRICT TO R-1 SINGLE FAMILY RESIDENTIAL DISTRICT - 111 Clorinda Avenue - File 10-4 CHARTER ORDINANCE NO. 1307 - An Ordinance of the City of San Rafael, Amending the Zoning Map, Adopted by Reference by Sec. 14.15.02U of the Municipal Code, so as to Reclassify Certain Real Property from R-2 (Duplex Residential) District to R-1 (Single Family Residential) District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Pliskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1308 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING ORDINANCE NO. 1283 (SAN PEDRO COVE - PD DEVELOPMENT PLAN AMENDMENT) BY ADDING CONDITION TO DEVELOPMENT PLAN CONDITIONS AND REVISING MASTER PLAN - File 1U-4 CHARTER ORDINANCE NO. 1308 - Amending the Zoning Map of the City of San Rafael, Adopted by Reference by Sec. 14.15.020 of the San Rafael Municipal Code by Amending Ordinance No. 1283 (San Pedro Cove - PD Development Plan Amendment) by Adding Condition to Development Plan Conditions and Revising Master Plan, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1309 - AMENDING ORDINANCE NO. 1268, CODIFIED AS TITLE 4, CHAPTER 4.08 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, REQUIRING INSTALLATION OF CENTRALLY TERMINATED SMOKE DETECTOR SYSTEMS IN MULTIPLE RESIDENTIAL BUILDINGS UPON THEIR CONSTRUCTION, REPAIR OR TRANSFER - File 13-5 CHARTER ORDINANCE NO. 1309 - Amending Ordinance No. 1268, Codified as Title 4, Chapter 4.U8 of the Municipal Code of the City of San Rafael, Requiring Installation of Centrally Terminated Smoke Detector Systems in Multiple Residential Buildings upon their Construction, Repair, or Transfer, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixun and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON DEFINITION OF SINGLE FAMILY RESIDENCE - File 9-3-83 x 9-3-16 Council accepted report prepared by Community Projects Coordinator Hotchner and Assistant City Attorney Bullard, giving the opinion that the definition of "single family" as now constituted in Ordinance No. 118b (Municipal Code Sec. 14.08.070) is satisfactory. It is their opinion that the source of their problem is the interpretation which is applied to dwelling units, and they are now working on a solution. RE: COMMUNICATION FROM MR. JOHN E. MAHONEY RELATING TO CROSSING GUARDS - File 9-3-3U Council heard from Mr. Mahoney and several parents regarding the need for crossing guards for small children at Jewell and Grand, Lincoln and Paloma, and "D" and Bayview. Police Chief Benaderet discussed his staff report, with four alternatives as solutions to the problem, and recommended Alternate 3 which would eliminate the crossing guard position at Lincoln and Paloma, with salary to be adjusted for the other two intersections up to $150 per month, for a maximum of $3,000 per year. After discussion, Councilman Nixon moved and Councilman Miskimen seconded, to approve Alternate No. 1 of the staff report which proposes re-employment and staffing of each of the three crossing guards at the same pay and level of service as 1977/78 - $200 each per month - $6,000 annually plus %2UU for relief; additional $3,100 to come from reserves. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini The staff report pointed out that $3,100 had already been budgeted in the FY 1978/79 budget. RE: COMMUNICATIONS RE CLOSURE OF VIA LA CUMBRE TO THROUGH TRAFFIC - File 11-1 Council considered the possible closure of a portion of Via La Cumbre near the San Rafael City Limits, and heard from individuals and from the Police, Fire and Public Works departments requesting that the roadway be kept open for safety and traffic reasons. RESOLUITION NO. 5554 - OPPOSING THE CLOSURE OF A PORTION OF VIA LA CUMBRE NEAR THE LARKSPUR - SAN RAFAEL CITY LIMITS AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Copies of the Resolution to be sent to the members of the Board of Supervisors. 107 RE: REQUEST RE MODIFICATION OF FIRE HYDRANT CHARGES - File 151 x 9-3-31 Council considered a letter from the Town of San Anselmo, requesting endorsement by the City of proposed modification of fire hydrant charges by the Marin Municipal Water District, whereby the MMWD would drop its fire hydrant standby charge in lieu of a "fire flow service charge" on each consumer's water bill, ranging from 25¢ per month for single family, to $4.UU per month for major business establishment. Councilman Mulryan moved and Councilman Miskimen seconded, to endorse the modification of fire hydrant charges as proposed. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: COMMUNICATION FROM WEST COAST LIMOUSINE, INC., FOR RATE INCREASES - File 9-9 Council considered a request from West Coast Limousine, Inc., for a revision of their charges: From $30 for the first hour and $15 thereafter, to a standard $20 per hour; and the airport rate from $3U to $35. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the request from West Coast Limousine, Inc. for rate increases. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: COMMUNICATION FROM CONTEMPO MARIN MOBILE HOME RENT REVIEW ACTION COMMITTEE, REQUESTING MOBILE HOME RENT CONTROL ORDINANCE - File 13-7-1 x 9-3-32 James G. Lester, Chairman of the Contempo Marin Mobile Home Rent Review Action Committee, informed the Council that their request is not for a rent control ordinance, but for an ordinance to establish a Mobile Home Rent Review Commission. He asked that the record be corrected in this regard.. The discussion of this subject was continued to the Council meeting of October 16, 1978, with concurrence of the Contempo Marin Mobile Home group, in order to have a full Council present, and to permit City staff to prepare recommendations. RE: URGENCY ORDINANCE TO ADD TERM "FAST FOOD ESTABLISHMENTS" TO SECTION 14.08.070 OF ZONING ORDINANCE, AND AMEND SECTION 14.44.020 IIa - File 3-2-13 x 10-5 CHARTER ORDINANCE NO. 1310 - An Urgency Ordinance of the City of San Rafael Amending Sections 14.08.070 F and 14.44.020 II(a) by Adding a Definition of the Term "Fast Food Establishment" to the Former Section and by Adding Said Use as Defined Herein to the Latter Section of the San Rafael Municipal Code, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: APPLICATION FOR LIMOUSINE SERVICE (Heinz Neumann, Inc.) - File 9-9 Council heard a report from Finance Director Coleman, regarding the application. The owners of West Coast Limousine Service, Inc., withdrew their previous objection to the granting of the permit. Councilman Nixon moved and Councilman Miskimen seconded, to approve the request of Heinz Neumann, Inc., to establish a limousine service in San Rafael. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON AB 884 (Development Projects - Environmental Duality) - File 162 x 9-3-1b Council reviewed staff reports on the subject, including one from Assistant City Manager/ Acting Planning Director Meador, in which he listed eight projects which will be impacted by AB 884 in connection with the legislatively imposed time lines for review of applications. Staff requested direction from the Council on whether they should consider requesting extensions or attempt to met the one-year deadlines. The Council agreed that staff should attempt to go with the accelerated time frame and comply with AB 884 regulations as closely as possible. RE: PUBLIC TIME - File 9-4 x 9-1 Mr. Norman Gover requested permission to speak on Proposition 6, which will be on the November ballot. Vice -Mayor Jensen informed Mr. Gover that it is against Council policy to conduct discussions or take a position regarding State-wide ballot measures which do not directly affect City operations. After further discussion Councilman Mulryan moved and Councilman Nixon seconded, to allow Mr. Gover to put the item on a future Council agenda. AYES: COUNCILMEN: Mulryan and Nixon NOES: COUNCILMEN: Miskimen and Vice -Mayor Jensen ABSENT: COUNCILMEN: Mayor Bettini Motion failed. The City Council adjourned to Executive Session to discuss litigation. NE M. LEONCINI, Cit Clerk APPROVED THIS DAY OF arZ&, , 19%.? L 4AY O H;'CITY 0 SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Monday, October 2, 1978, at 8:U0 Pivi. Regular Meeting: Present: Fred E. Jensen, Vice -Mayor Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor John A. Miskimen, Councilman Also Present: William J. Bielser, City Manager; Jeanne N. Leoncini, City Clerk; RE: CONSENT CALENDAR Councilman Mulryan moved and Councilman Nixon seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of the September 18, 1978 Meeting Claims for Damages - (San Rafael Hotel Fire) Christime Boyce - File 3-1-355 Laura Brooks - File 3-1-358 Pamela Harper - File 3-1-353 Howard Jaeger - File 3-1-361 Pamela Jones - File 3-1-354 Susan Martin - File 3-1-357 Daryl Moran - File 3-1-359 Kathleen Moran - File 3-1-360 John Romero - File 3-1-356 Claim for Damages - Hiram Herries File 3-1-372 Claim for Damages - Robert Foehr File 3-1-363 Resolution Ordering Annexation of Sun Valley School Site (75 Happy Lane) - File 5-2-78 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial of claims. Approved R. L. Kautz Co. recommendation for denial of claim. Approved R. L. Kautz Co. recommendation for denial of claim. RESOLUTION NO. 5556 - ORDERING THE ANNEXATION OF THE TERRITORY DESIGNATED AS "SUN VALLEY SCHOOL SITE ANNEXATION" (76 HAPPY LANE) TO THE CITY OF SAN RAFAEL (Uninhabited) Common Use Agreement with PG&E - Spinnaker Point - File 4-4-2 x 5-1-238 Expiration of Term, Park and Recreation Commissioner Goerge Obana - File 9-2-4 109 RESOLUTION NO. 5557 - AUTHORIZIi�G THE SIGNING OF A CONSENT TO COMMON USE AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY WITHIN THE SPINNAKER POINT DEVELOPMENT, SAN RAFAEL, CALIFORNIA George Obana reappointed to four-year term, expiring October 1982. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE; ADJACENT TO 5U ELDA DRIVE; HAROLD D. HOLTZINGER, OWNER: R-1 DISTRICT; AP 175-082-21; DIANE S. GRAVES, 50 ELDA DRIVE APPELLANT - File 10-6 Vice -Mayor Jensen declared the public hearing opened. Hearing continued to meeting of October 16, 1978 at request of appellant. Full Council will be present at that time. RE: PUBLIC HEARING - MINOR ZONING ORDINANCE TEXT AIYIENDMENTS (Z78-14) - VARIOUS - File 10-.i x 1-5 Vice -Mayor Jensen declared the public hearing opened. There being no public input the public hearing was declared closed. Councilman Nixon moved and Councilman Mulryan seconded, to make a determination of Negative Declaration. AYES: COUNCILiMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: i ii skimen and Mayor Bettini An Ordinance of the City of San Rafael Amending Sections 14.08.U50 D; 14.12.02 E 2 b; 14.24.U2U II (a); 14.28 et seq., 14.30 et seq., 14.36.020 I (b); 14.4U.U20 1 (b); 14.58.U1O; 14.58.015 (D) and 14.75.060 (e) of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1311, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILIMEN: Miskimen and Mayor Bettini RE: PUBLIC HEARING - GERSTLE PARK NEIGHBORHOOD PLAN AND ZONING CHANGE - File 163 x 10-3 Vice -Mayor Jensen declared the public hearing opened. Hearing continued to meeting of October 16, 1978, with concurrence of Gerstle Park Neighborhood Association. Full Council will be present at that time. RE: PUBLIC HEARING - ABANDONMENT OF PORTION OF TAMALPAIS AVENUE BETWEEN WILLOW AVENUE AND THE SOUTHBOUND OFF -RAMP FROM HIGHWAY 101 TO NORTH SAN PEDRO ROAD - File 3-5-2e Applicant has withdrawn request for abandonment at this time. No action required. RE: DISCUSSION OF FREEWAY AND RELATED MATTERS - File 9-3-40 Assemblymen Michael Wornum and Barry Keene were invited to attend meeting for discussion of subject. Since neither were able to be present, the matter was deferred to a later unspecified date when both assemblymen can be present. RE: FINAL ADOPTION - ORDINANCE NO. 1288 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY 41ENDING ORDINANCES NOS. 1020 SECTION 1 and 1007 SECTION 1 (PART), AS CODIFIED AT SECTIONS 14.08.140 M, 14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED 'MOTOR VEHICLE SERVICE USES" - File 10-3 CHARTER ORDINANCE NO. 1288 - An Ordinance of the City of San Rafael Amending Title 14, Zoning, of the San Rafael Municipal Code by Amending Ordinances Nos. 1020 Section 1 and 1007 Section 1 (Part), as Codified at Sections 14.08.140 M, 14.52.050 and 14.56.020 Respectively, and Adding a New Chapter 14.63 Entitled "Motor Vehicle Service Uses", was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: PARK AND RECREATION COMMISSION RECOfYMENDATION RE: APPROVAL OF FINAL ADOPTION OF ALBERT PARK MASTER PLAN - File 4-3-66 Council heard a presentation by landscape architect George Girvin of the firm of Royston, Hanamoto, Beck and Abey, outlining the Master Plan for the upgrading and improvement of Albert Park. The plan included a Teen Center Complex, utilizing a brick building fronting on "B" Street, recently purchased; 1i® the adjacent building would be demolished, to provide space for a multi -use court area, social area, and landscaping. The group picnic area would be upgraded and be directly accessible to a large turf meadow with adjacent play area. The old stadium would be renovated to provide restrooms for park use, multi -use space for exercise classes, weight training, and storage, with the bleacher area upgraded with paint, lighting and new backstops. Earth mounds and trees would be used for separation of activities in lieu of the existing fences, and the existing light standards would be adjusted and relocated so as to provide night use for hardball, softball or soccer. The field would accommodate two softball fields, with the one at the southwest corner having permanent bleachers and a concession kiosk. The plan calls for the old restroom/storage building adjacent to the tennis courts to be removed to provide for a practice backboard area and seating along the west side of the courts, with a small tot area provided at the north end for players with small children. A general upgrading of lighting, fencing and surfacing is included. For potential future expansion, the plan calls for two additional courts and a park building within the railroad easement and adjoining PG&E property. If the railroad easement is abandoned, there would be a linear bike and pedestrian system, providing the land is acquired by the City. Mass tree planting is proposed along the north side in that area to help mitigate the visual impact of the industrial area. The proposed plan was approved by the Parks and Recreation Commission at their September 21st meeting, and they recommended to the City Council that the plan be adopted as presented. The possibility of doing the work in phases was discussed and Mr. Girvin suggested that because of the heavy usage of the hardball/softball area, that the multi -use fields with upgraded lighting should be the first priority. Irrigation and drainage would be included in that phase. He suggested that the play area could be of next priority. Vice -Mayor Jensen asked about funding, and City Manager Bielser stated that there are no local funds for park projects; however, it was anticipated that Pickleweed Park would be funded from HUD funds and that the next HUD funds would be for Albert Park, so that the project could commence. Councilman Mulryan moved and Councilman Nixon seconded, to approve the Albert Park Master Plan as presented by Mr. Girvin. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: APPOINTMENT OF PRIORITY SETTING COMMITTEE MEMBER - File 9-1 City Manager Bielser asked th Council to appoint a Councilman to the Priority Setting Committee to replace Councilman Miskimen who has been serving in that capacity. There will be a meeting of the Committee in the Council Chambers on Thursday evening, October 5th, and the City's request for $85,000 for Pickleweed Park improvements will be considered. After discussion, Vice -Mayor Jensen appointed Councilman Nixon to the Priority Setting Committee and requested that Councilman Nixon attend Thursday night's meeting. RE: REPORT ON JANITORIAL CONTRACT COST INCREASE - File 4-3-74 Council considered a staff report, concerning a request from Adams Building Maintenance for an increase in their fee. It was pointed out that during the twelve-year period the firm has been performing maintenance services for the City their hours had increased from 144 hours per month to 208 hours per month, with their fee remaining at $790 per month. They are requesting an increase in their fee to $1,140 per month. City. Manager Bielser stated that the increase could come out of reserve funds. Councilman Mulryan moved and Councilman Nixon seconded, to approve the request of Adams Building Maintenance to increase their fee to $1,140 per month. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: ACCEPTANCE OF GRANT AWARD, AB 90 MONEY - File 9-3-3U Council reviewed report from Police Chief Benaderet, that their application to the County for AB 90 funds has been approved. No matching funds are required. The total of the grant if $17,472. Of this, $15,292 will be utilized for an additional Corporal, which will allow the reinstatement of the Juvenile Diversion Program through June 3U, 1979. $2,180 will reimburse the City for its already budgeted LEAA matching funds for the existing Burglary Prevention Grant. Councilman Mulryan moved and Councilman Nixon seconded, to accept the grant monies. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini 4-2-133(A) x RE: AWARD OF CONTRACT FOR MODIFICATION OF FIRE ENGINE TO CROWN COACH CORPORATION - File 9-3-31 Council reviewed a report from Fire Chief Marcucci, stating that of the six quotations distributed to various manufacturers regarding required modifications to Engine No. 10, two were received. Crown Coach Corporation of Los Angeles submitted a quote of $44,689, and American LaFrance a quote of $47,123. III Councilman Mulryan moved and Councilman Nixon seconded, to approve award to Crown Coach Corporation. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: COMMUNICATION FROM MARIN ASSOCIATION OF PUBLIC EMPLOYEES - File 7-8 Mr. Jim Burneo, General Manager of MAPE, informed the Council that he felt it had violated the Personnel Rules and Regulations by their actions during the budget hearings in which they approved certain reclassifications in the Public Works Department. Mr. Burneo was advised that the proper procedure is for him to meet and confer with City Manager Bielser, who has been designated by the Council as the Municipal Employees Relations Officer. If, after meeting and conferring, a matter cannot be resolved it would then be proper to bring it before the Council. Mr. Burneo agreed to arrange a meeting with Mr. Bielser. RE: LONGS DRUG STORE CLAIM FOR REFUND OF TAXES - File 9-3-16 Council reviewed a report from City Attorney Connick, recommending denial of a claim by Longs Drug Store for refund of all unsecured property taxes paid to the City of San Rafael for fiscal year 1978/79, in amount of $9,297.76 Councilman Nixon moved and Councilman fhulryan seconded, that the claim be denied. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini RE: PLANNING COMMISSION REQUEST FOR JOINT MEETING WITH CITY COUNCIL - File 9-1 x 9-2-6 Date for joint meeting will be set at Council meeting of October 16, 1978, when full Council will be present. ADD ITEM: RE: COMMENDATION FOR CULTURAL AFFAIRS SERVICE LEAGUE AND MARIN HERITAGE FOR HISTORY WALK" - File 1U2 Councilman Mulryan asked the Council to loin him in commending the Cultural Affairs Service League and Marin Heritage for conducting a History Walk of the Falkirk neighborhood on Sunday, October 1, 1978, with a reception following at Falkirk. Councilman Mulryan moved and Councilman Nixon seconded, that letters of commendation be forwarded to both of the above organizations. AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini The City Council adjourned to Executive Session to discuss property acquisition. JEAaA M. LEONCINI, City Oerk APPROVED THIS / 6 X/ DAY OF 1976 VICE -MAYOR OF THE 4ITY OF SAN 112 In the Council Chambers of the City of San Rafael, Monday, October 16, 1978, at 8:00 Plyl. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. IYlul ryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Nixon moved and Councilman Miskimen seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of the October 2, 1978 Meeting Report on Rent Review Commission - Representatives of Contempo Marin Have Requested Continuance - File 13-7-1 x 9-3-32 Renewal of City (Manager's Employment Contract without Changes in Terms, Conditions or Salary - File 9-3-11 Approved as submitted. Continued to future date. RESOLUTION NO. 5558 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH CITY MANAGER (Extending Contract w/City To & Including October 16, 1981) AYES: COUNCILMEN: Jensen, (Miskimen, fMulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION TO AUTHORIZE LEASE AGREEMENT WITH NTRON ELECTRONICS, 522 "B" STREET (AP #13 -U61 -4U) Fila 2-R-17 Item continued to a future date. RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE: ADJACENT TO 50 ELDA DRIVE; HAROLD D. HOLTZINGER, OWNER; R-1 DISTRICT; AP #175-082-21; DIANE S. GRAVES, 50 ELDA DRIVE, APPELLANT - File 10-6 Mayor Bettini declared the public hearing opened. Mrs. Diane S. Graves addressed the Council regarding her concerns on the matter, including soil condi- tion, drainage and slope. Public Works Director Caillouette stated that he has a properly engineered plan, including a drainage system, and that he also has a soils report available for Mrs. Graves to see. There being no further public input, the public hearing was closed. After discussion Councilman Nixon moved and Councilman Jensen seconded, to postpone the hearing until the November 6, 1978 meeting, to give the Public Works Director an opportunity to show the plans and soils report to Mrs. Graves. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ABANDONMENT OF DRAINAGE AND FLOOD EASEMENTS - 175 RIVIERA DRIVE - File 2-12 Mayor Bettini declared the public hearing opened. Public Works Director Caillouette stated that the lot in question appears to be a legal building lot and that since the easements no longer serve a useful purpose of function, staff is recommending that the easements be abandoned. Attorney Richard Tarrant, representing property owner Sidney Hendricks, stated that he has been in contact with the Peacock Gap Homeowners regarding possible purchase of the property, and is prepared to accept a low offer of $125,000 for the property from the Homeowners. Peacock Gap Homeowners Association president Robert Winckler stated that the offer was made within the last few days and that his group's next meeting is set for November 1st at which time he will discuss the possible purchase with them. Mayor Bettini declared the public hearing closed. Councilman Nixon moved and Councilman Miskimen seconded, to defer the matter to the meeting on November 6, 1978, with the understanding that the Council will make a final decision at that time. AYES: COUNCILMEN: Jensen, Iviiskimen, iMulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Mayor Bettini, with concurrence of the Gerstle Park Neighborhood Association representatives, heard the next three public hearings out of agenda order, since they were expected to be brief.) 113 RE: PUBLIC HEARING - ABANDONMENT OF LINDEN LANE BETWEEN MOUNTAIN VIEW AVENUE AND LOCUST AVENUE File 2-12 Mayor Bettini declared the public hearing opened. Councilman Mulryan stated he is concerned that the property not be developed. Attorney Oak Dowling, representing one of the property owners concerned, stated that there may be underground utilities placed on the premises, but no development. There being no further input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Jensen seconded, to approve abandonment on condition that the property not be developed. RESOLUTION NO. 5559 - RESOLUTION ORDERING VACATION OF LINDEN LANE BETWEEN MOUNTAIN VIEW AVENUE AND LOCUST AVENUE, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - UP78-33 - FREESTANDING FILM KIOSK; NORTHGATE SHOPPING CENTER (UNIT ONE); NORTHGATE PROPERTIES, OWNER; WORLD PHOTO SERVICE, INC., TED COSSMAN - RICHARD T. TARRANT, REPS.; C-2 DISTRICT; AP #175-321-22 - File 10-5 Mayor Bettini declared the public hearing opened. Attorney Richard Tarrant stated that their problem is the two-year use permit granted by the Planning Commission. He stated he had requested modification to provide for automatic review, but his request was not granted by the Commission. There being no further input, the public hearing was closed. Councilman Jensen moved and Councilman Miskimen seconded, that the appeal be sustained ana that the Use Permit for the Film Kiosk be suDject to automatic review. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - POSITION RECLASSIFICATION - GENERAL SERVICES DEPARTMENT - File 7-3 x 9-3-81 Mayor Bettini declared the public hearing opened. Hearing was continued to meeting of November 6, 1978. RE: PUBLIC HEARING - GERSTLE PARK NEIGHBORHOOD PLAN AND ZONING CHANGE - File 163 x 1U-3 Mayor Bettini declared the public hearing opened. The Council heard from members of the Gerstle Park Neighborhood Association, concerning their request for down -zoning of properties in an attempt to preserve and/or restore the neighborhood atmosphere of the area. The Council also heard from residents and property owners, voicing their concerns over the down -zoning and requesting that the zoning remain as it is presently. Owners of apartment buildings and other multi -family buildings voiced their concern over the provision in the proposal that if, as a result of the proposed zoning changes, a building becomes nonconforming and is subsequently destroyed by 76% or more, it could not be rebuilt as it was previously. They stated that this would create a financial hardship. There was also the opinion expressed that the area encompassed is too large, and should be divided, perhaps at "D" Street. After hearing all who wished to speak, the public hearing was closed. After Council discussion, the matter was returned to staff, for the City Attorney to look into the legality of spot zoning, and for staff to look into modification of the Neighborhood Plan with regard to down -zoning so it would not be so hard on property owners. Staff to also consider dividing the area into two sections. Matter to come back before the Council for further hearing on Monday, November 20, 1978. (Councilman Jensen left meeting) =RE: FINAL ADOPTION - ORDINANCE NO. 1311 - AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING SECTIONS 14.08.050 D; 14.02.02 E 2b; 14.24.020 II (a); 14.28 et seg., 14.3U et seg., 14.36.020 I (b); 14.40.020 I (b); 14.58.010; 14.58.015 b and 14.75.050 a Minor Zoning Text Amendments Z78-14 - Various - File 10-3 x 1-5 ;CHARTER ORDINANCE NO. 1311 - An Ordinance of the City of San Rafael Amending Title 14, Zoning, of ,the San Rafael Municipal Code by Amending Sections 14.08.050 D; 14.02.02 E 21b; 14.24.020 II (a); 14.28 et seq., 14.30 et seq., 14.36.020 I (b); 14.40.020 I (b); 14.56.010; 14.56.015 (b) and 14.75.050 (e) (Minor Zoning Text Amendments (Z78-14) - Various), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen 114 RE: REPORT ON FINAL PLANS, SPECIFICATIONS, AND COST ESTIMATES FOR PHASING OF PICKLEWEED PARK File 2-1-55 Redev. R-55 Council reviewed a report on sources of funding for Pickleweek Park, including $156,000 from Local Park Assistance; $100,000 approved and $85,000 pending from Housing & Community Development Act; and $50,000 from Spinnaker Point Bedroom Tax. Staff reported that the cost for turfing of Area No. 1 would be $185,000, and for the restrooms the cost would be $5U,000. Councilman Miskimen moved and Councilman Mulryan seconded that specifications be prepared for turfing of Area No. 1 and for the restrooms, and for turfing of as much of Area No. 2 as current funding would allow. Mayor Bettini stated he could not vote in the affirmative because he does not favor the piecemeal approach to development of the park. AYES: COUNCILMEN: Miskimen, Mulryan, and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: Jensen RE: SET DATE FOR JOINT CITY COUNCIL/PLANNING COMMISSION MEETING - File 9-1 x 9-2-6 After discussion it was decided that the joint meeting will be held on Monday, November 13, 1978, at 8:30 PM. Staff will prepare an agenda for the Council, on items the Council wishes to discuss. The Planning Commission is to prepare an agenda for items they wish to take up with the Council. RE: REPORT ON APPLICATIONS OF VARIOUS BOARDS AND COMMISSIONS - File 9-2-6 x 9-2-5 x 9-2-3 x 9-2-24 Councilman Mulryan moved and Councilman Miskimen seconded, to appoint Lyman B. McBride to the Library Board of Trustees, to complete the term of Elizabeth Merriman who resigned. (IIs. Merriman's term expires in April, 1981.) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen After consideration, the Council decided to interview the candidates for the Fire Commission and Cultural Affairs Commission on Monday, November 13, 1978 commencing at 7:3U PIyI. Two Fire Commission candidates have already been interviewed, and one more remains to be interviewed. There are two candidates for Cultural Affairs Commission. The Council will set a later date for interviewing the five candidates for the Planning Commission. RE: COMMUNICATION FROM COUNTY OF MARtN RE HIGHWAY 101 STUDY COMMITTEE - File 170 x 9-1 Council reviewed correspondence from the H arin County Board of Supervisors regarding appointment of a representative for the City of San Rafael to participate in a special blue ribbon tasK force to attempt to find a solution to reduce vehicle congestion on Highway 101 during commute hours. It was unanimously decided that Mayor Bettini would be the City's representative. RE: COMMUNICATIONS FROM AMERICAN NATIONAL RED CROSS a. Request for Use of Community Center for Emergency Center - File 13-11 x 9-3-65 Councilman Mulryan moved and Councilman Miskimen seconded, to approve the request of the Red Cross for use of the San Rafael Community Center as an alternative facility if theirs should become unsuitable due to a natural disaster, with the understanding that the City would have precedence over the Red Cross in the use of the building during any disaster which may occur. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen b. Request for Waiver of 8% Transient Occupancy Tax Fee - File 9-10-2 x 13-11 Councilman Mulryan moved and Councilman Miskimen seconded, to approve the request of the Red Cross for waiver of the 8% transient occupancy tax when, during time of disaster, the Red Cross utilizes hotels and motels for temporary emergency shelter for victims. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: REPORT ON STATE LAW CHANGE RE LIABILITY INSURANCE REQUIREMENTS - File 9-6-1 x 9-3-65 Council considered a staff report from Recreation Director Jauch, in which he stated that SB 1645 was recently signed, relieving both social and commercial hosts of liability stemming from the overconsumption of alcohol. The effective date of the legislation is January 1, 1979. Director Jauch requested guidance from the Council on the continued requirment for additional insurance required of users of the Community Center, Terra Linda Recreation Center, and Falkirk. The Council unanimously agreed that the City Attorney should study SB 1645 to determine its effect on the City, and that meanwhile the insurance requirement would remain as it now stands, for users of City facilities. 115 RE: COMMUNICATION RE CITY/COUNTY SERVICES COMMITTEE - File 4-13-38 x 147 x 9-3-4U Council considered a communication from Councilman Robert Stockwell of Novato and Mayor James Reed of San Anselmo, proposing an outline for long-range projects for the City/County Services Committee. Item was deferred to the November 6, 1978 meeting for discussion. RE: REPORT ON STAFFING AT FALKIRK COMMUNITY CULTURAL CENTER - File 9-2-24 x 7-4 Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation regarding staffing at Falkirk, including Anne Charles being continued on a 20 -hour per week basis at $750 per month; contracting out services of a curator for each of three individual art shows, at $500 per show; hiring of additional cleaning help to assist in cleaning of Falkirk; and continuing to hire Gerald Denman to assist in setting up and overseeing evening and weekend events. The report stressed the importance of the Typist/Clerk at Falkirk, who is under the CETA Program, and recommended that if CETA funds are terminated, reconsideration be given regarding this position. RE: REPORT ON "TAKE CARE" HEALTH MAINTENANCE ORGANIZATION - File 7-1-30 Council considered a staff report regarding the "HMO" plan, which is an affiliate of Blue Cross. Under a new law, employers must offer employees the choice of two HMO's within their areas of residence. The employer is not required to contribute more toward HMO premiums than for other benefit plans. Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation that City employees become acquainted with the HMO plan. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen L1).1()1IQKINIPWT Council adjourned in memory of the late Andrea Giacomini, wife of Marin County Supervisor Gary Giacomini. EXECUTIVE SESSION Council adjourned to Executive Session to discuss property acquisition. rh JE PT. LEONCINI, City Clkerk APPROVED THIS 6 DAY OF , 1976 el�" � 0 MAYOR OF THE CITY OF SAN RAFAEL 116 In the Council Chambers of the City of San Rafael, Monday, November 6, 1978, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of the October 16, 1978 Meeting Claim for Damages - Christina Schenck File 3-1-368 Claim for Damages - James Girard File 3-1-374 Claim for Damages - Charles G. Guarino File 3-1-384 Contract with County of Marin re Senior Citizen Program Funding - File 4-13-32 Agreement for Future Frontage Improvements - 1817 Grand Avenue - File 4-10-113 Agreement with Las Gallinas Valley Sanitary District - Smith Ranch Assessment District No. 1 - File 6-32 Resolution Providing Authorization to Sign Training Agreements, when Required, between the Police Department and State Highway Patrol - File 9-3-30 Resolution to Authorize Lease Agreement with NTRON Electronics, 522 "B" Street (AP #13-061-40) - File 2-8-17 1977/1978 Audit Reports - File 8-1 x 6-4 Actions on Housing and Community Development Act - File 4-13-38 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. RESOLUTION NO. 5560 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/County of Marin for Senior Citizen Programming, July 1, 1978 to June 30, 1979) RESOLUTION NO. 5561 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH JOSEPH AND SUSAN R. GRIPPI TO DEFER IMMEDIATE OBLIGATION TO CONSTRUCT FRONTAGE IMPROVE- MENTS ON GRAND AVENUE, SAN RAFAEL, CALIFORNIA RESOLUTION NO. 5562 - AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE LAS GALLINAS VALLEY SANITARY DISTRICT, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA RESOLUTION NO. 5563 - AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT AND THE STATE OF CALIFORNIA DEPARTMENT OF HIGHWAY PATROL RESOLUTION NO. 5564 - APPROVING LEASE FOR PROPERTY AT 522 "B" STREET (AP #13-061-40) Received and accepted reports. Public Hearing set for November 20, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: LEASE AGREEMENT - FIRST CONGREGATIONAL CHURCH - File 2-9-15 Council reviewed a lease agreement whereby the Pooh Corner Cooperative Nursery School would use the First Congregational Church facility. After discussion of public liability insurance requirements and other requirements of the lease, the matter was referred to the City's Real Estate Officer, Ed Ward, for review, comment, and possible revision. flatter to come back before the Council on November 20, 1978. RE: AUTHORIZATION FOR ADDITIONAL POSITION - BUILDING INSPECTION - File 7-4 x 9-3-32 Council reviewed staff report, recommending addition of one Senior Building Inspector position, to be funded from general reserves. The report stated that the revenue from the Building Division will more than offset the additional expense; and that therefore no general City tax funds need be expended. Councilman Nixon moved and Councilman Jensen seconded, that the additional position of Senior Building Inspector be approved. AYES: COUNCILMEN: Jensen, Miskimen, fvlulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 117 RE: COMMUNICATION FROM SAN RAFAEL VOLUNTEER FIREMEN'S ASSOCIATION RE WAIVER OF COMMUNITY CENTER FEE File 9-10-2 x 9-3-31 Council considered a letter from the San Rafael Volunteer Fire Department in which they requested a waiver of the rental fee for the San Rafael Community Center for their 105th Annual Ball on March 17, 1979. After discussion Councilman Jensen moved and Councilman Miskimen seconded, to waive the rental fee except for the $80.00 charge for custodial help. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ADD ITEM RE: REQUEST FOR WAIVER OF FEE - THANKSGIVING DAY DINNER AT COMMUNITY CENTER - File 9-10-2 Councilman Nixon asked that the Council consider a waiver of the $50.00 fee charged by the San Rafael Recreation Department for use of the Community Center by the group of San Rafael churches who prepare a Thanksgiving Day dinner as a charity project. Councilman Nixon moved and Councilman Jensen seconded, to waive the $50.00 fee for the church group, with the understanding that they will pay the custodial charges. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ABANDONMENT OF DRAINAGE AND FLOOD EASEMENTS - 175 RIVIERA DRIVE - File 2-12 Mayor Bettini declared the public hearing opened. Robert Winckler, president of the Peacock Gap Homeowners' Association, reported that the group is reluctant to pay the $125,000 purchase price asked by Sidney Hendricks for the lot at 175 Riviera Drive. Mr. Winckler requested that in whatever action the City takes, they require a 20 -foot easement for access to the lagoon, and that the lot be brought up to the grade level of the sur- rounding lots. He also requested that the CC&Rs be imposed, the same as for the other homes built at Peacock Gap. Richard Tarrant, attorney, representing Mr. Hendricks, stated that he has no problem with the CC&Rs, except that he would like a waiver on the requirement for architectural approval by the Peacock Gap Homeowners. Mayor Bettini asked about a height limit - were they planning on a two-story house, and Mr. Tarrant replied that they are committed to buuilding a single -story home. Mr. Winckler stated that he would like to have the CC&Rs imposed in total. Mayor Bettini then closed the public hearing. After discussion Councilman Jensen moved and Councilman Miskimen seconded, to adopt a Resolution ordering closing, abandoning and vacating various easements on the property, and stated that the motion was to include filling of the land to grade and total compliance with the CC&Rs. RESOLUTION NO. 55b5 - ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS (Lot 25, Peacock Lagoon Unit One - 175 Riviera Drive) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE: ADJACENT TO 50 ELDA DRIVE; HAROLD D. HOLTZINGER. OWNER: R-1 DISTRICT: AP 175-082-21: DIANE S. GRAVES. 50 ELDA DRIVE. APPELLANT - File 10-6 Mayor Bettini declared the public hearing opened. Public Works Director Caillouette reported that since the last Council meeting he has met with the soils engineer and iters. Graves now has an amended soils report and a civil engineering plan. Since it was just recently received, Mr. Caillouette stated that the matter should be satisfactorily concluded at the November 20th meeting. Paul Benson of the Terra Linda Homeowners' Association requested a performance bond for protection of the City and the surrounding homeowners, to extend for one year after completion of the project. Harold Holtzinger questioned the bond, and who it would go to; he also stated he cannot afford any more continuances. He stated he has changed the site plan at the request of the Public Works Department. The public hearing was continued to the meeting of November 2Uth, at which time a final decision will be made. In addition, staff was directed to have the insurance advisor look into the type of bond suggested by Mr. Benson. RE: REPORT ON COMMUNITY CENTER ACOUSTICS - File 4-3-57 Council considered a staff report, with recommendation from a consultant in acoustics for certain modifications to the sound system which would cost approximately $4,500. its After discussion Councilman Nixon moved and Councilman Jensen seconded, to approve expenditure of $4,500 from the reserves for the sound system modification, with the understanding that it be subject to testing, and that a warranty be included. AYES: COUNCILMEN: Jensen, Nliskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF JOINT MEETING BETWEEN PLANNING COMMISSION AND CITY COUNCIL - File 9-1 x 9-2-6 Council agreed to wait until January 1979, to set a date for a meeting with the Planning Commission. RE: SCHEDULING OF DATE FOR INTERVIEWING PLANNING COMMISSION APPLICANTS - File 9-2-6 x 9-2-5 x 9-2-24 Council agreed to interview the applicants for the Planning Commission at a special meeting commencing at 8:00 PM on Monday, November 13, 1978, at which time they will also interview applicants for the Fire Commission and Cultural Affairs Commission. RE: REPORT ON NORTHBOUND ON-RAMP, LUCAS VALLEY ROAD - File 4-8-20 Council reviewed a letter from Michael Smith of The Smith Ranch, Inc., regarding financing of the northbound on-ramp at the intersection of Smith Ranch Road and Highway 101. He asked the City's assistance in contacting the State and other major developers in the area such as Firemen's Fund to see if they will cooperate in the funding. He also stated that Gallinas Properties will agree to advance most of the money to complete the on-ramp. Councilman Jensen moved and Councilman Miskimen seconded, to have staff go back to the State to see about financing the project through an assessment district, and also to contact Firemen's Fund regarding a contribution. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Director of Public Works Caillouette is to report back to the Council on the financing for the project. RE: COMMUNICATION RE CITY/COUNTY SERVICES COMMITTEE - File 4-13-38 x 147 x 9-3-40 After discussion of the proposal from the City/County Services Committee regarding consolidation of services throughout the County, the Council decided to have the matter discussed at the Mayors' and Councilmen's meeting, with City of San Rafael representatives to bring up the possibility of LAFCo handling the matter. RE: COMMUNICATION RE ANIMAL CONTROL SERVCICES - File 13-3 x 8-5 (Councilmen Nixon and Miskimen left during discussion.) Council reviewed a staff report, which stated that funding for existing Humane Society Animal Control functions will extend through November. The Board of Supervisors is asking each city to fund a pro -rata share of the $58,000 budget deficit. Since San Rafael's population is approximately 20% of the County total, the City is being tagged for $11,600. Staff recommended that the City deny the County's request for $11,60U and authorize staff to imple- ment a limited animal control program if full funding ends. Councilman Mulryan moved and Councilman Jensen seconded, to approve the staff recommendation. AYES: COUNCILMEN: Jensen, Mulryan and Nlayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon RE: REPORT ON AMENDMENTS TO ASSEMBLY BILL 884 - File 162 x 9-3-16 Council reviewed comments from Acting Planning Director Meador regarding the impact of AB 884 as it applies to the planning process. He stated that since that Bill, AB 2825 was passed, which modified AB 884 in some respects. The Council requested that Mr. Meador give them definite points of objection to the provisions of the Bill. (Councilmen Nixon and Miskimen returned during discussion.) RE: DISCUSSION OF LAWSUIT AGAINST GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT - File 112-2 Mayor Bettini explained his reason for having this item on the agenda. He stated that he feels the Golden Gate Bridge, Highway and Transportation District has met the need, and that the reason the matter is back in court is because the Board of Supervisors insisted on an extra Marin County member on the Bridge Board which, in fact, would not affect the vote at any rate. Councilman Mulryan suggested that the matter be taken up at the Mayors' and Councilmen's meeting in November. Due to the time element, staff was requested to write to the cities involved so they would be prepared to vote at the November meeting of the Mayors' and Councilmen's group. 119 RE: COMMUNICATION FROM MARIN COUNTY RE PARAMEDIC SERVICES - File 9-3-31 Council considered a staff report from Fire Chief Plarcucci, outlining the various alternatives regarding a Paramedic Program, and detailing the Marin County plan for Paramedic services. Chief Marcucci suggested to the Council that it would seem appropriate to ask the total community if they desire Paramedic service, through a ballot measure in the upcoming election on March 6, 1979. After discussion, and hearing public input on the subject, the Council requested staff to explore City participation in the County program, and asked Fire Chief Marcucci to update his report of costs by the meeting of November 20th. Council agreed that the Paramedic services measure should be placed on the ballot for the Plarch 6, 1979 election. RE: DISCUSSION OF PARKING METER HOLIDAY, DOWNTOWN BUSINESS DISTRICT - File 11-8 Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendation for a parking meter holiday for the downtown business district to extend for two weeks from December 11 through and including Saturday, December 23, 1978. AYES: COUNCILMEN: Jensen, Pliskimen, Plulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON ASSEMBLY BILL 2224 - File 9-4 AB 2224 concerns amendment of times in the General Law for General Municipal Elections and School Board Elections. Both times, as amended, are inconsistent with the time specified in the San Rafael Municipal Charter for the date of the San Rafael General Municipal Election, which is in March of odd -numbered years. Council agreed with the recommendation of the City Clerk that the item be placed on the ballot for the March 6, 1979 Election, for the voters to decide whether future elections should be consolidated with all School Districts, and be held in November instead of March of odd -numbered years. Staff is to contact San Rafael City Schools and apprise them of the situation. RE: COMMUNICATION RE PEACOCK GAP PARK - File 12-5 Mr. John Shook, Chairman, Parks & Playgrounds, Peacock Gap Homeowners' Association, spoke regarding the unfinished state of the children's play area at Peacock Gap. He inquired about the $4,000 from the group for the project. Public Works Director Caillouette explained that the only work not completed is the planting of some trees and shrubbery around the Tiny Tot area. This was postponed during the drought. At present, there is a possibility that the School District may be selling the property. Mr. Shook stated that if the School District should sell the property, he would like the City to explore the possibility of holding out the Tiny Tot area. Staff was directed by Council to check with the City Schools regarding the possible sale of the property and, if so, would they consider dedicating a part of the site for the City. City Manager Bielser stated that the City did not spend the $4,000 from the Homeowners' Association; he also recommended that the trees not be planted if there is a possibility of the property being sold. RE: URGENCY ORDINANCE RECOMMENDING PARKING METER LIMITS ON TAMALPAIS AVENUE - File 11-8 CHARTER ORDINANCE NO. 1312 - An Urgency Ordinance of the City of San Rafael Amending Title 5, Chapter 5.60, Section 5.60.010, Parking Meter Zones, and Section 5.60.070, Two Hour Parking Pieter Zones, by Adding Thereto Additional Parking Lot Facilities, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Plulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPEAL OF POLICE ROTATION TOWING ORDINANCE NO. 1280 - File 11-8 Assistant City Attorney Bullard stated that the proposed ordinance would repeal the Police Rotation Towing Services ordinance adopted in November of 1977. The result of the ordinance will be that the City will not have a Police rotation towing service system in effect and will be free to contract for Police towing services. Attorney Carl Shapiro, representing Doug Shaffer of Doug's Towing Service, stated that he felt this action was for the purpose of keeping Plr. Shaffer off the rotation towing list. Police Chief Benaderet stated he would prefer to grant a franchise to only one company. After further discussion Councilman Jensen moved and Councilman Plulryan seconded, to pass the ordinance to print, and direct staff to look into a franchise for one or two firms - staff to look into procedures for such a franchise and report back to Council. 120 An Ordinance of the City of San Rafael Repealing Ordinance No. 1280, Codified as Chapter 1U.85 of the San Rafael Municipal Code Entitled "Police Rotation Towing Services", and numbering Charter Ordinance No. 1313, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: None The City Council adjourned to Executive Session to discuss property acquisition. APPROVED THIS AA I J N LEONCINI, City Nerk cqO *,I DAY OF MAYOR OF THE CITY 0 SAN RAFAEL 1976 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In Room 201, City Hall, City of San Rafael, Monday, November 13, 1978, at B:OU Plyl. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne N1. Leoncini, City Clerk; RE: INTERVIEWING OF APPLICANTS FOR CULTURAL AFFAIRS COMMISSION - File 9-2-24 Council interviewed two applicants, Elise Meyers and Osa (Nikki) Hall Simons, for one vacancy on the Cultural Affairs Commission, caused by the resignation of Patricia Fortini Meyer. After discussion, Councilman Jensen moved and Councilman Miskimen seconded, to pursue increasing the number of Commission members from five to six members so that both applicants could serve on the Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: INTERVIEWING OF APPLICANTS FOR FIRE COMMISSION - File 9-2-5 Council interviewed Richard L. Arnold, applicant for one vacancy on the Fire Commission caused by the resignation of Daniel C. Dufficy. Council had previously interviewed two other applicants, Langdon Alvord and Jan Ryssemus. After discussion, Council agreed to appoint Richard L. Arnold to fill the unexpired term until March 1982, with Mayor Bettini dissenting. RE: INTERVIEWING OF APPLICANTS FOR PLANNING COMMISSION - File 9-2-6 Council interviewed five applicants, Peter L. Clark, Richard M. Lockman, Richard M. Norman, Bok Reitzel and Willy A. Vanndenbos, for one vacancy on the Planning Commission, caused by the resigna- tion of Richard P. Rodrigues. After discussion, Council unanimously agreed to appoint Richard M. Norman to fill the unexpired term until July 1979. Meeting adjourned to the next regular meeting of November 2U, 1978. G' -'fear JE NI M. LEONCINI, City CleNr k APPROVED THIS a 0 -;te DAY OF 1978 MAYOR OF THE CITY OF SAN RAFAEL 121 In the Council Chambers of the City of San Rafael, Monday, November 2U, 1978, at 8:UO Ply]. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Nixon moved and Councilamn Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of the November 6 and 13, 1978 Meetings Claim for Damages - Janet King, File 3-1-382 Claim for Damages - Kathleen M. Smith, et al. - File 3-1-385 Lease Agreement with Amendments, with First Congregational Church - File 2-9-15 Approval of Final Map and Subdivision Agreement - Seastrand - File 5-1-242 Reappropriation of Capital Project Funds - File 8-14 x 9-3-40 Approval of Conditions of Joint Powers Agreement re San Rafael City Schools and City of San Rafael, Use of Facilities and Fields - File 4-7-12 Authorization to Solicit Bids for Copy Machines - File 4-2-134 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5566 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/First Congregational Church, for use of facility by Pooh Corner Cooperative Nursery School) RESOLUTION NO. 5567 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "SEASTRAND" (And Agreement) Approved memorandum. RESOLUTION NO. 5568 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement - Memo of Understanding re use of facilities & fields by C i ty of San Rafael) Approved staff recommendation re purchase rather than rental of six copy machines - requesting authorization to solicit bids. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - ED77-22 - SINGLE FAMILY RESIDENCE; ADJACENT TO 50 ELDA DRIVE; HAROLD D. HOLTZINGER, OWNER; R-1 DISTRICT; AP175-082-21; DIANE S. GRAVES, 50 ELDA DRIVE, APPELLANT - File 10-6 Mayor Bettini declared the public hearing opened. Public Works Director Caillouette reviewed previous public hearings on the subject, and stated that the appellant has now reviewed the revised plans. Mrs. Graves stated that she would like to make sure about the drainage in case of heavy rain. Mayor Bettini asked staff to advise Mr. Holtzinger to make sure the drainage is adequate. Paul Benson of 15 Elda Drive, who had requested a bond to cover the adjacent property owners, asked about action on that subject. Assistant City Attorney Bullard stated that he had inquired of bond experts and had been told that no one would write such a bond. There being no further input, the public hearing was declared closed. Councilman Jensen moved and Councilman Nixon seconded, that the appeal be denied, and the Planning Commission be sustained with their conditions as stated. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - GERSTLE PARK NEIGHBORHOOD PLAN AND ZONING CHANGE - File 163 Mayor Bettini declared the public hearing opened. Community Projects Coordinator Hotchner presented an analysis and recommendations on the Gerstle Park Neighborhood Plan for the Council to review, and recommended that the public hearing be con- tinued to the meeting of January 15, 1979. There being no public input, Mayor Bettini declared the public hearing would be continued to January 15, 1979. Public hearings were then heard out of agenda sequence, awaiting the arrival of Supervisor Roumiguiere for the HCDA Block Grant Monies hearing. 122 RE: PUBLIC HEARING - REZONING (Z78-18) CHANGE IN P -D MASTER PLAN ZONING FROM TOWNHOUSE TO HOSPITAL USE; PORTION OF COUNTY ASSESSOR'S PARCEL 155-150-7U, FROM: P -D PLANNED DEVELOPMENT DISTRICT TO: P -D PLANNED DEVELOPMENT DISTRICT, INITIATED BY HOSPITAL CORP. OF Al~IERICA, REPRESENTED BY COLEMAN CONSORTIUM - File 10-3 Mayor Bettini declared the public hearing opened. Council heard from Judy Waller of Coleman Consortium, and Ray Webb, Ross General Hospital Adminis- trator. Mr. Webb asked that if the Council approves the concept of the project that they go on record as being in favor of Ross General Hospital moving to San Rafael. He stated that this would be of help to the hospital in going to the State for approval. There being no further input, the public hearing was declared closed. Councilman Miskimen moved and Councilman Jensen seconded, to certify the EIR and Supplements. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Nixon An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.14.020 of the I0�unicipal Code, so as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Development) District by Amending a Portion of the Smith Ranch Planned Development Plan and Conditions, and numbering Charter Ordinance No. 1314, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Nixon RESOLUTION NO. 5569 - ENDORSING IN CONCEPT THE RELOCATION OF ROSS GENERAL HOSPITAL TO THE CITY OF SAN RAFAEL AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Nixon Supervisor Roumiguiere arrived. RE: PUBLIC HEARING - HOUSING AND COMMUNITY DEVELOPMENT ACT BLOCK GRANT MONIES - File 147 x 4-13-38 Mayor Bettini turned the meeting over to Supervisor Bob Roumiguiere, who opened the public hearing. There then followed a discussion as to the probable length of the hearing, due to the number of individuals who wished to speak about their individual projects. Mayor Bettini expressed concern about the number of regular Council items still to be considered, and asked if Supervisor Roumiguiere and Councilman Nixon (who, with Supervisor Roumiguiere, comprises the subcommittee) could hear the proponents of the various projects in the conference room, and then report back to the Council. The group then met in the lobby, since the conference room was inadequate. Councilman Nixon was excused from the rest of the Council meeting for that purpose. Hearing was held on the following: Canal Child Care; Handicapped Barrier Removal, Dominican College; Park Development, San Rafael High School; Flood Control #7, Pump Station; Las Gallinas Sewage; Pickleweed Park; Albert Park; Pilgrim Park; and Wheelchair Access to Public Buildings. It was agreed to set a full hearing before the City Council on December 4. The final hearing for the Greater San Rafael Planning Area will be held by Supervisor Roumiguiere and Councilman Nixon on December 11, 1978, at 8:00 PM in the City Council Chambers. RE: HIGHWAY 101 RELATED MATTERS - File 9-3-40 Item deferred until a later date, since neither Senator -elect Keene nor Assemblyman -elect Filante could attend. Staff will write, congratulating them on their election, and asking them to set a date. RE: REPORT ON STATUS OF FIRE STATION LOCATION STUDY - File 9-3-31 Council accepted report stating that the study should be completed and presented to the Council shortly after the first of the year. There have been problems with computer capacity relative to open space lands, and linking of streets into the street networking system, but these are now being solved. RE: REPORT ON CHARTER AMENDMENTS - File 9-4 x 1-1 Ballot wording was approved on the following Charter amendments, and it was agreed that the resolu- tion approving Charter amendments will be passed at a special meeting on December 21, 1978: Proposition A: $5,000 Maximum for the Purchase of Supplies, Materials, Machinery or Equipment Not Let by Bid. Proposition B: Establishing Definite Periods and Monetary Amounts When an Ordinance is Required for Leasing City Property. Proposition C: City Tax and License Collector to be Appointive Rather than Elective. Proposition D: Establishment of New Election Dates to Coincide with School District Elections, as Established by State Law. 123 File 9-3-16 x 7-3 An Ordinance of the City of San Rafael Amending Title 2 of the Municipal Code by Amending Chapter 2.08, Entltled "Officers" by Deleting Therefrom Section 2.08.155 and Amending Section 2.06.160 "Salary of City Attorney", and numbering Charter Ordinance No. 1318, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Nixon The ordinance, to become effective March 13, 1979, makes the City Attorney position parttime, with a monthly salary of $800.00. RE: REPORT ON PARAMEDIC SERVICES BALLOT PROPOSITION - File 9-4 x 9-3-31 Council reviewed a report from Fire Chief Marcucci, regarding putting Paramedic Services on as a ballot measure in the March 1979 election. He pointed out that since Marinwood and CSA #19 are not within the City Limits, it might be advisable to request the Board of Supervisors to hold a special election to coincide with the San Rafael election so those residents could vote on the subject. Councilman Miskimen moved and Councilman Jensen seconded, to place the item on as a ballot measure in the March 1979 election, and to ask staff to contact the County regarding Marinwood and CSA #19 being allowed to vote on the measure. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REQUEST FOR DETERMINATION OF PARKING IN LIEU FEES, "E" Street School - File 11-24 Item deferred to meeting of December 4, 1976. Council expressed a desire to review the original parking plan for the project, and the new plan, for comparison. RE: REPORT ON LIABILITY INSURANCE - File 9-6-1 x 9-3-65 Council reviewed a report by City Attorney Connick, in which he reviewed SB 1645, regarding alcoholic beverage liability. His report stated that under the law, which will become effective on January 1, 1979, the City's exposure to liability resulting from a renter or guest using a City facility and consuming alcoholic beverages thereon and subsequently doing injury to a third party, would be minimized if not completely extinguished. Council accepted the report as informational. RE: FINAL ADOPTION - ORDINANCE NO. 1313 - REPEALING ORDINANCE NO. 1280, CODIFIED AS CHAPTER 10.65 OF THE SAN RAFAEL MUNICIPAL CODE ENTITLED POLICE ROTATION TOWING SERVICES - File 11-8 CHARTER ORDINANCE NO., 1313 - An Ordinance of the City of Sar, Rafael Repealing Ordinance No. 1280, Codified as Chapter 10.85 of the San Rafael Municipal Code Entitled "Police Rotation Towing Services" was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: EXCHANGE OF CITY LAND FOR NORTHWESTERN PACIFIC RAILROAD LANDS - File 117 An Ordinance of the City of San Rafael, Providing for the Exchange (Sale) of Public Real Property for (Purchase) of Lands or Rights Thereto Held by Northwestern Pacific Railroad, and numbering Charter Ordinance No. 1306, was amended, reread, reintroduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: ORDINANCE AMENDING SECTION 2.16.210 OF THE SAN RAFAEL MUNICIPAL CODE, TO SET THE MEMBERSHIP COMPOSITION OF THE CULTURAL AFFAIRS COMMISSION BY RESOLUTION - File 9-2-24 An Ordinance of the City of San Rafael Amending Title 2, Chapter 2.16 of the Municipal Code by Amending Section 2.16.210, to Set the Membership Composition of the Cultural Affairs Commission by Resolution, and Section 2.16.220 to Change the Terms of the Commissioners to Four Years, and number- ing Charter Ordinance No. 1315, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5570 - EXPANDING MEMBERSHIP OF THE CULTURAL AFFAIRS COMMISSION (From five to six members, with future reversion to five members to be by attrition) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 124 RE: REPORT ON CITY COUNCIL PUBLIC ADDRESS SYSTEM - File 9-1 Council reviewed a report from W. H. Freisleben of Electronic Service & Engineering Company, with suggestions for upgrading the City Council public address system. Staff was asked to obtain more detail, and item was continued to the meeting of December 4, 1978. RE: COMMUNICATION RE PROPOSED RENTAL CONTROL INITIATIVE - File 9-4 Council reviewed a request from the Fair Tax Rebate for Renters Committee, asking for a waiver of the 30 day period in which to verify signatures for their initiative petition, and allow them until November 27, 1978 to collect signatures in the hope of qualifying for the March 1979 election. After discussion, and hearing various comments pro and con from individuals, Councilman Miskimen mnoved and Councilman Jensen seconded, to deny the request for extension of time. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: DISCUSSION OF CHARGES FOR CANDIDATES' STATEMENTS - MARCH 6, 1979 ELECTION - File 9-4 RESOLUTION NO. 5571 - DETERMINING NUMBER OF WORDS IN CANDIDATE'S STATEMENT AND PROVIDING THAT THE COST OF PRINTING AND HANDLING OF CANDIDATE'S STATEMENT SHOULD BE BORNE BY THE CANDIDATE (With limit of 200 words in statement) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: MUTUAL AGREEMENTS TO EXTEND TIME LIMITS FOR PROJECT PROCESSING PURSUANT TO GOVERNMENT CODE SEC. 65957 - File 5-1-243 x 5-1-244 RESOLUTION NO. 5572 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With N.Y.-Cal. Industrial Corp. re Peacock Gap Subdivision) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RESOLUTION NO. 5573 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Paul Felton re Oakwood Subdivision) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON PLANNING DIRECTOR APPLICATIONS - File 9-3-17 City Manager Bielser announced that after considering the applicants for the position of City Planning Director, it was decided to appoint Acting Planning Director Raymond L. Meador to that position, in view of the excellent job he has done. Council approved the appointment. RE: SALE OF PROPERTY TO SAN RAFAEL REDEVELOPMENT AGENCY - MISSION AVENUE AND UNION STREET, AP #14-092-12 - File 2-7 An Ordinance of the City of San Rafael, Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency, and numbering Charter Ordinance No. 1316, was read, intro- duced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: URGENCY ORDINANCE REPEALING CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO MUNICIPAL ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURE CONTROLS - File 9-4 x 9-4-2 CHARTER ORDINANCE NO. 1317 - An Urgency Ordinance of the City of San Rafael Repealing Chapter 2.38 of the San Rafael Municipal Code, Municipal Election Campaign Contribution and Expenditure Controls, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Pliskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Iu5 ADD ITEMS: RE: ABATEMENT PROCEEDINGS, LINCOLN HOTEL - File 3-3-29 Councilman Miskimen moved and Councilman Jensen seconded, to set the public hearing regarding abatement of Lincoln Hotel for the first meeting in January 1979. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: APPEAL ON OAKWOOD SUBDIVISION - File 5-1-244 Council agreed to hold public hearing on appeal regarding Oakwood Subdivision on December 4, 1978. RE: OFFER OF FILL MATERIALS FOR PICKLEWEED PARK - File 12-5 Council considered an offer from Grange Debris Box & Wrecking Co. to deliver and dump approximately 8,000 cubic yards of fill materials to the Pickleweed Park project for a total of $3.00 per truck yard, with the City to provide equipment to spread and compact, or to stockpile. Councilman Jensen moved and Councilman Miskimen seconded, to accept the offer, with the money to come from Pickleweed Park fund. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: SALARY OF COMMUNITY SCHOOL COORDINATOR - File 7-4 x 4-13-52 City Manager Bielser informed the Council that the Community School Coordinator, Ken Helms, has requested a review of his salary structure with a view to increasing his current salary. After discussion, it was agreed that staff would look into the background of Mr. Helms' hiring, and determine if a salary adjustment can legally be made at this time. RE: EXECUTIVE SESSION The Council adjourned to Executive Session to discuss property acquisition. JEWE M. LEONCINI, City Cllerk APPROVED THIS A DAY OF , 1978 Z! �/ � � 1z � rew MAYOR OF THE CITY OF N RAFAEL 126 In the Council Chambers of the City of San Rafael , Monday, December 4, 1978, at 8:00 PNI. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Claim for Damages - Harold Bishop, Approved staff recommendation for denial. File 3-1-371 Claim for Damages - Arden Valasek, File 3-1-383 Council Chambers Public Address System - File 9-1 Approval of Subdivision Map and Agreement - Picolo Valley - File 5-1-245 Resolution Requesting County to Consent to Consolidated Election re Paramedic Services - File 9-4 x 9-3-31 Resolution Requesting the Marin County Board of Supervisors to Permit the County Clerk to Render Specified Services Relating to the Conduct of an Election and Canvass of Returns, General Municipal Election - File 9-4 Resolution Requestng Consolidation of Precincts and Polling Places, General Municipal Election - File 9-4 Acceptance of Grant of Sanitary Sewer Easement and Grant of Utility Easements - Spinnaker Point - File 5-1-238 Approved R. L. Kautz Co. recommendation for denial. Continued to first meeting in January. RESOLUTION NO. 5574 - APPROVING FINAL MAP OF SUBDIVISION, ENTITLED, "PICOLO VALLE" (& Agrmt) RESOLUTION NO. 5575 - REQUESTING THE MARIN COUNTY BOARD OF SUPRVISORS TO CONDUCT AN ELECTION TO COINCIDE WITH THE SAN RAFAEL CITY SCHOOL ELECTION FOR PARAMEDIC SERVICE IN THE UNINCORPORATED AREAS OF SANTA VENETIA, LOS RANCHITOS, MARINWOOD, UPPER LUCAS VALLEY, BAYSIDE ACRES, COUNTRY CLUB, CALIFORNIA PARK, SAN QUENTIN VILLAGE AND DILLINGHAM PROPERTY RESOLUTION NO. 5576 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK OF THE COUNTY OF MARIN TO RENDER SPECIFIED SERVICES RELATING TO THE CONDUCT OF AN ELECTION AND CANVASS OF RETURNS - GENERAL MUNICIPAL ELECTION RESOLUTION NO. 5577 - 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 NIUNI- CIPAL ELECTION RESOLUTION NO. 5578 - ACCEPTING GRANT OF SEWER EASEMENT (Seaport Development Co., Inc., for Spinnaker Point Unit 1) RESOLUTION NO. 5579 - ACCEPTING GRANT OF PUBLIC UTILITIES EASEMENTS (Seaport Develop- ment Co., Inc., for Spinnaker Point Unit 1) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: APPROVAL OF SUBDIVISION MAP AND AGREEMENT - SAN PEDRO COVE UNIT 2 - File 5-1-246 Item continued to the December 18, 1978 meeting, if possible. Meanwhile, staff to contact Mr. Charles Paganini and inform him of complaints about the wall surrounding the subdivision. RE: PUBLIC HEARING - HOUSING AND COMMUNITY DEVELOPMENT ACT BLOCK GRANT MONIES - File 147 x 4-13-38 Mayor Bettini declared the public hearing opened. June Baker of County Planning Department informed the Council that the requests for the HCDA funds must be for three years. Nis. Baker also stated that there is a question of eligibility of the San Rafael High School for the funds because their area does not have 51% low and moderate income families. She will be meeting shortly with the HUD representative and this point will be cleared up. The Council then heard from individuals requesting funds: 1u7 Bob Jones, Board of Directors, Las Gallinas Valley Sanitary District; Steve Collins, Superintendent of San Rafael High School and Gerry Gill, Assistant Superintendent, regarding a recreation park in the area in front of the high school; Barbara Zeavin, Director of the Canal Child Care Center; John Levinsohn, Chairman of the CAC for Dominican College regarding facilities for handicapped; City Manager Bielser regarding renovation of Albert Park; Jack Cottage, representative for Santa Venetia Flood Control; Peter Johnson, Manager of Pilgrim Park. There was no discussion of wheelchair access to public buildings, since the representative, Louise Sousa, was not present. After hearing all who wished to speak, Mayor Bettini declared the public hearing closed. The Council adjourned for a five-minute recess, before voting on the projects. After discussion, Councilman Mulryan moved and Councilman Jensen seconded, to recommend the following funding of projects: Project Pickleweed Park Albert Park Canal Child Care Center Handicapped Facil.-Dominican Park Development - San Rafael High School ** Zone 7 Flood Control Pilgrim Park 1st Year $ 175,000 -0- 20,000 20,000 2nd Year 3rd Year $ 85,000 $ 20U,OUO -0- 75,000 15,000 -0- 20,000 -U- 50,000 -0- -0- -0- 155,000 -U- 10,000 -0- -U- $ 275,000 $ 275,000 $ 275,000 ** The motion stipulated that if it developed that San Rafael High School was determined not to be eligible for the funding, the $50,000 would be applied toward the Pickleweed Park development. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon * and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Nixon * Mr. Nixon's abstention applied only to the funding for handicapped facilities for Dominican. City Manager Bielser then recommended to the Council that they apply for additional housing funds under the housing portion of the HCDA. He recommended applying for an additional $30U,000 to match the $300,000 which was allocated this year to buy a site in the downtown area for the second half of the Low and Moderate Income Senior Citizen Housing Project. Councilman Mulryan then moved and Councilman Jensen seconded, to apply for the additional $3UO,000 as recommended by City Manager Bielser, for the Low and Moderate Income Senior Citizen Housing Project. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - TS76-8 - APPEAL OF PLANNING COMMISSION DECISION. 52 -UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION (OAKWOOD); END OF CLORINDA, SPRING GROVE AND GREENWOOD AVENUES AND UPPER TOYON DRIVE; PAUL FELTON, OWNER; RICHARD OLMSTEAD, REP.; R-1 DISTRICT; AP 12-081-29; 12-094-U1; 12-121-23 & 04; EIR PREPARED; RICHARD A. BARRY AND GERSTLE PARK & WEST END NEIGHBORHOOD ASSOCIATIONS, APPELLANTS - File 10-8 Mayor Bettini declared the public hearing opened. Planning Director Meador briefed the Council on the concerns of the appellants, regarding soils analysis, ridge line lots which they consider to be inconsistent with the City's General Plan, increase in Clorinda Avenue traffic, loss of open space and adequacy of geological review. The Council then heard from the appellants and other residents of the area, voicing their concerns. After all who wished to speak had been heard, the public hearing was declared closed. Following Council discussion Councilman Miskimen moved and Councilman Nixon seconded, to continue the hearing for two weeks and direct staff to meet with Paul Felton, owner of the property to discuss the lots in question. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON SALARY ADJUSTMENT REQUEST FOR COMMUNITY SCHOOL COORDINATOR - File 7-4 x 4-13-52 Continued to December 18, 1978 meeting. Meanwhile, staff is to work out fringe benefits in lieu of a salary increase in order to comply with the State -imposed restrictions. (Councilman Miskimen left) RE: FINAL ADOPTION - ORDINANCE NO. 1306, PROVIDING FOR THE EXCHANGE (SALE) OF PUBLIC REAL PROPERTY FOR (PURCHASE OF LANDS OR RIGHTS THERETO HELD BY NORTHWESTERN PACIFIC RAILROAD - File 117 128 CHARTER ORDINANCE NO. 1306 - Providing for the Exchange (Sale) of Public Real Property for (Purchase) of Lands or Rights Thereto Held by Northwestern Pacific Railroad, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: FINAL ADOPTION - ORDINANCE NO. 1314, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.14.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D PLANNED DEVELOPMENT DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT BY AMENDING A PORTION OF THE SMITH RANCH PLANNED DEVELOPMENT PLAN AND CONDITIONS (County AP #155 -15U -7U - Hospital Corp. of America - File 10-3 CHARTER ORDINANCE NO. 1314 - Amending the Zoning Map of the City of San Rafael, Adopted by Reference by Section 14.14.020 of the Municipal Code, so as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned Development) District by Amending a Portion of the Smith Ranch Planned Development Plan and Conditions, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen ABSTAINED: COUNCILMEN: Nixon RE: FINAL ADOPTION - ORDINANCE NO. 1315, AMENDING TITLE 2, CHAPTER 2.16 OF THE MUNICIPAL CODE BY AMENDING SECTION 2.16.210, TO SET THE MEMBERSHIP COMPOSITION OF THE CULTURAL AFFAIRS COMMISSION BY RESOLUTION, AND SECTION 2.16.220 TO CHANGE THE TERMS OF THE COMMISSIONERS TO FOUR YEARS - File 9-2-24 CHARTER ORDINANCE NO. 1316 - Amending Title 2, Chapter 2.16 of the Municipal Code by Amending Section 2.16.210, to Set the Membership Composition of the Cultural Affairs Commission by Resolution, and Section 2.16.220 to Change the Terms of the Commissioners to Four Years, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: FINAL ADOPTION - ORDINANCE NO. 1316, PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY MISSION AVENUE & UNION STREET, AP #14-092-12) - ile 2 - CHARTER ORDINANCE NO. 1316 - Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen (Councilman Miskimen returned) RE: FINAL ADOPTION - ORDINANCE NO. 1318, AMENDING TITLE 2 OF THE (MUNICIPAL CODE BY AMENDING CHAPTER 2.U8, ENTITLED OFFICERS BY DELETING THEREFROM SECTION 2.08.155 AND AMENDING SECTION 2.08.160 SALARY OF CITY ATTORNEY - File 9-4 x 9-3-16 x 7-4 CHARTER ORDINANCE NO. 1318, Amending Title 2 of the Municipal Code by Amending Chapter 2.08, Entitled "Officers" by Deleting Therefrom Section 2.08.155 and Amending Section 2.08.160 "Salary of City Attorney", was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None RE: REQUEST OF DR. GIDEON SOROKIN TO DISCUSS LINCOLN HOTEL PLANS - File 3-3-29 x 9-2-7 Council agreed that they will hear Dr. Sorokin's plans for the building at the public hearing on abatement on January 2, 1979. Meanwhile, Dr. Sorokin is to obtain a report from a structural engineer regarding the condition of the building as a result of the latest fire. RE: SET DATE FOR FIRST MEETING IN JANUARY 1979 - File 9-1 Council agreed to hold the first meeting on Tuesday, Janaury 2, 1979, in compliance with the City Charter. RE: ACCEPTANCE OF DEVELOPMENT RIGHTS FROM N.Y.-CAL. CORP. - File 5-1-243 Continued to a later date, at request of staff. Iu9 RE: REMOVAL OF TAXI STAND - FOURTH & "A" STREETS - File 9-9 RESOLUTION NO. 5580 - ELIMINATING TAXICAB STAND AT THE SOUTHEAST CORNER OF FOURTH AND "A" STREETS AND ESTABLISHING NEW STAND ON THE EASTERLY SIDE OF "B" STREET BETWEEN FIRST AND SECOND STREETS AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: POLICY RE COMMISSIONER EMPLOYMENT - 9-2-24 x 9-1 Council considered a report from City Manager Bielser, that the question as to the City's policy on employing members of citizens' advisory groups and commissions to positions of City employment had recently come up again. In this instance it involves a member of the Cultural Affairs Commission. Mr. Bielser asked for the Council to reaffirm the policy that advisory commission members not also serve in a paid capacity with the City simultaneously. Councilman Miskimen moved and Councilman Mulryan seconded, to reaffirm the policy that if a commis- sioner is put on the paid City staff they must resign from their commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF DOWNTOWN TRAFFIC CONGESTION - File 11-13 x 9-3-30 Councilman Nixon stated he had this subject put on the agenda, so the Council could ask the Chief of Police to look into assigning officers to some of the intersections which are a problem during the rush hour in downtown San Rafael. Council agreed that the Police Chief and City Manager should give them a report on steps which can be taken in this regard and report back at the next meeting. RE: MARIN COUNTY URBAN SYSTEM COMMITTEE RECOMMENDATIONS FOR 1979/80 FEDERAL -AID URBAN PROJECTS - File 4-10-66 Council considered a staff report from Public Works Director Caillouette regarding the five-year Marin County FAU Program. RESOLUTION NO. 5581 - APPROVING THE 5 -YEAR FEDERAL -AID URBAN PROGRAM BEGINNING 1979/8U RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FILLING OF POTENTIAL COUNCIL VACANCY - File 9-1 Councilman Miskimen proposed that if there is a vacancy on the Council after the March 1979 election, due to the fact that two Councilmen are running for Mayor, the Council appoint the first runner-up to the vacancy. After discussion, it was agreed that the Council should not legally commit a future Council to such a policy and no action was taken on the proposal. RE: USE OF COLLECTION AGENCY FOR UNCOLLECTABLE MONIES - File 8-17 RESOLUTION NO. 5582 - AUTHORIZING ASSIGNMENT OF UNCOLLECTABLE DEBTS TO A SAN RAFAEL COLLECTION AUENCY AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RENTAL OF PARKING METER SPACES FOR CONSTRUCTION PROJECT AT FIFTH AVENUE AND "D" STREET - File 11-18 Council considered a letter from D. L. Walker Construction Company, asking reconsideration of the required fee of $5.00 per day per parking meter for the meters which will be blocked during the six-month construction period at Fifth Avenue and "D" Street. The company offered $1.OU per day, for five days per week, or a total of $1,040. Mr. Walker, who was present at the meeting, promised to keep "D" Street clear on weekends and to prevent blockage of "D" Street as much as possible, and also stated they would not use any meters on Fifth Avenue. Council agreed to Mr. Walker's proposal, to charge $1.00 per day per parking meter on "D" Street only. RE: DETERMINAION OF WHETHER TO ALLOW REBUTTAL ARGUMENTS ON BALLOT MEASURES - File 9-4 Council considered the question of adopting a policy of not allowing rebuttal arguments for the proposed ballot measures for the March 6, 1979 election. City Clerk Leoncini pointed out the time constraints placed upon the City in publishing the proposed Charter amendments, and the necessity of meeting County deadlines for submission of material for the sample ballot. It was also pointed out that no rebuttal arguments were printed in conjunction with proposed charter amendments in the last general municipal election in 1977. After discussion, Council agreed that they would not allow rebuttal arguments for the proposed Charter amendments in the March 1979 election. 130 _ ADD ITEM RE: APPROVAL OF WORDING OF BALLOT MEASURE FOR PARAMEDIC SERVICE - File 9-4 x 9-3-31 Councilmen Jensen moved and Councilman fvlulryan seconded, to approve the proposed wording of the ballot measure on Paramedic Service for the March 6, 1979 election. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None EXECUTIVE SESSION Due to the lateness of the hour, Executive Session was not held. an,1niIP MAPNIT The City Council adjourned to their next regular meeting December 18, 1978. JEAW M. LEONCINI, City Nerk APPROVED THIS l 8 DAY OF �!�/Zezal /JwA- MAYOR OF THE CITY OF SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Monday, December 11, 1976, at 5:00 P.M. Joint Meeting: Present: Lawrence E. Mulryan, Agency Chairman/Councilman City Council and Fred E. Jensen, Agency Member/Vice Mayor Redevelopment Agency Jack G. Nixon, Agency Member/Councilman Absent: C. Paul Bettini, Mayor/Agency Member John A. Miskimen, Agency Member/Councilman Also Present: William J. Bielser, City Manager; William T. Bullard, Jr., Assistant City Attorney The Agency/Council met in Executive Session to discuss property acquisition and pending litigation. No action was taken. APPROVED THIS JEANM [A. 18-t,-1 , City ClerkYAgency Secretary DAY OF , 19 7 AIRMAN, REDEVELOP ENT AGENCY 131 P In the Council Chambers of the City of San Rafael, Monday, December 18, 1978, at 8:UO PILI. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Hiskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of November 2U, December 4 and 11, Meetings Claim for Damages - Eileen Streeter, File 3-1-389 Resolution Authorizing City of San Rafael to Apply for and Accept Federal Library Services and Construction Act Funds for 1979/80 - File 9-3-61 Lease Agreement with Dixie School District - Use of Classroom at Don Timoteo School for Day Care Center - Pilo 2-q-14 Formal Notice Calling Election and Setting Polling Hours - File 9-4 Communication Requesting Restroom Facilities at Fourth & Hetherton - Fila 11?_? Award of Contract for Purchase of Five Copy Machines - File 4-2-134 Annual Report on Redevelopment Projects - File 140 Resolution Accepting Grant Deed (1/3 Interest), Nunes Property, Parcel D, CSA #23 - File 2-1-51 13-14-1 x 4-13-45 x Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5583 - AUTHORIZING CITY OF SAN RAFAEL TO APPLY FOR AND ACCEPT FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT FUNDING FOR 1979/80 RESOLUTION NO. 5584 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Dixie School District, $116/Mo.) Approved. Referred to Bridge District. RESOLUTION NO. 5585 - AUTHORIZING THE PURCHASE OF COPY MACHINES (Business Systems Unitd., designated as low bidder, no amount specified) Report received. RESOLUTION NO. 5586 - ACCEPTANCE OF GRANT OF ONE-THIRD (1/3) INTEREST IN REAL PROPERTY (Nunes) Mutual Agreement to Extend Time RESOLUTION NO. 5587 - AUTHORIZING THE Limits for Project Processing SIGNING OF A CONTRACT, LEASE OR AGREEMENT Pursuant to Govt. Code Sec. (With H. J. Slager re Three -Lot Sub - 65957 - S1 ager Subdivision - division) 25 De Anza Way - File 5-1-247 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - TS76-8 - APPEAL OF PLANNING COMMISSION DECISION. 52 -UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION (OAKWOOD); END OF CLORINDA, SPRING GROVE AND GREENWOOD AVENUES AND UPPER TOYON DRIVE; PAUL FELTON, OWNER; RICHARD OLMSTEAD, REP.; R-1 DISTRICT; AP 12-U81-29; 12-094-U1; 12-121-23 & U4; EIR PREPARED; RICHARD A. BARRY, GERSTLE PARK & WEST END NEIGHBORHOOD ASSOCIATIONS AND AD HOC COMMITTEE FOR OPEN SPACE, APPELLANTS - File 1U-8 Mayor Bettini opened the public hearing. Hearing was then continued to the meeting of January 2, 1979, at request of the developer. RE: PUBLIC HEARING - UP78-122 - APPEAL OF PLANNING COMMISSION DENIAL. CONVERSION OF RESIDENCE TO TRIPLEX, 524 D STREET; DIANNE B. ANISEL, OWNER; LINDA STONE, REP.; R-3 DISTRICT; AP 12-153-14; CEUA: NEGATIVE DECLARATION - File IU -5 Mayor Bettini opened the public hearing. Hearing was then continued to the meeting of January 15, 1979, at the request of the appellant. RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENT (Z78-22) TO INCLUDE DISCOS AND SIMILAR USES IN THE C-2 DISTRICT - File 10-1 Mayor Bettini declared the public hearing opened. There being no public input, the public hearing was declared closed. 132 Councilman Jensen moved and Councilman Miskimen seconded, to certify the Negative Declaration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon An Ordinance of the City of San Rafael, Amending Section 14.08.050 0 of the San Rafael Municipal Code to Add a Definition of "Disco" and Amending Section 14.44.02U II (a) to Add Disco as a Use Requiring a Use Permit, and numbering Charter Ordinance No. 1319, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON POLICE TOWING PROCEDURES - File 9-3-3U Proposed franchise was returned to staff for amendments, to come back to Council for approval. Amendments included adjustment of insurance limits; City to be named as additional insured, and clarification of the wording regarding eligible towing companies with regard to their own equipment or equipment which could be made available to them. Also a provision is to be added that if a towing company sub -contracts the sub -contractor's insurance is to be carefully scrutinized. Councilman Miskimen then moved, and Councilman Mulryan seconded, to approve the proposed franchise as a first draft reading. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON COMMUNITY SCHOOL COORDINATOR COMPENSATION - File 7-4 x 4-13-52 It was pointed out to the Council by the City Attorney that no formal resolution had been prepared regarding salary structure at the time Mr. Ken Helms was hired and there was merely a verbal agree- ment regarding step increases if the City Manager approved his performance. For this reason, the City Attorney gave the opinion that granting a step increase and approving the proposed resolution would not jeopardize the City's receipt of State surplus funds. RESOLUTION NO. 5588 - AMENDING RESOLUTION NO. 5134 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED EMPLOYEES (Salary Range $1,000 to $1,223, Community School Coordinator) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Councilman Jensen then moved and Councilman Miskimen seconded, that the Community School Coordinator be granted Step B, $1,165 per month, retroactive to October 1, 1978. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: POLICY DISCUSSION - USE OF OPEN SPACE LAND FOR ORGANIZED GROUP RECREATIONAL ACTIVITIES - File 9-1-2 x 4-13-45 Council considered a problem brought to their attention by residents in the vicinity of Ridgewood and Los Altos Drives, regarding the stub end of Los Altos which is continually used by youths for partying, fighting, and general chaos. They complained that the area is also used as a dump. They suggested possibly a pipe gate would help. After discussion, Councilman Jensen moved and Councilman Mulryan seconded, to instruct the Director of Public Works to have the street closed off by the most economical means which would still allow emergency vehicles access to the open space beyond. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Council next considered the problem of organized recreational events taking place in the open space beyond Ridgewood Drive, causing inconvenience to their neighborhood by vehicles parking, and by noise. It was suggested by a Ridgewood Drive resident that perhaps Terra Linda High School area could be used for gathering, and the running meets and other recreational events could start there, thus eliminating the traffic problems in the Ridgewood area. Staff reported that they had met with representatives of San Rafael and Terra Linda High Schools, and Marin Academy, to discuss this use of the open space lands, and the schools were asked to make formal application for future events in the open space lands. After discussion Councilman Mulryan moved and Councilman Jensen seconded, to establish the policy that groups using the open space lands for recreational events must have a use permit, and that 133 staff will contact the Terra Linda High School with regard to having such events start at the school grounds rather than in the Ridgewood Drive area. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: POLICY DISCUSSION - CITY APPROVAL FOR DEVELOPMENT ON HIGH HAZARD LANDS - File 9-1-2 x 9-3-4U Council considered a staff report from the Planning Director and the Public Works Director stating that the City has received a number of applications for development of lands which are considered to be high hazard lands with a high risk for development. These lands have either steep slopes, questionable or unsatisfactory soils conditions with an active or suspect landslide area on or adjacent to them, or similar conditions. Staff recommended that this matter be referred to the City Attorney for an opinion on the City's liability if the City approves development on this type of land. Staff would then make recommenda- tions to the Council at the next meeting. Council concurred in the staff's recommendation that the matter be referred to the City Attorney for an opinion and that a report be made at the next meeting. RE: DISCUSSION OF APPOINTMENT OF CITY PHYSICIAN - File 7-4 Council considered a letter from the City Physician, Dr. Arnold A. Nutting, in which he announced his retirement effective January 1, 1979. Dr. Nutting recommended Dr. Don B. Zanotti, who is taking over his practice, to be appointed City Physician. After discussion, during which City Manager Bielser suggested that the Council may wish to explore the area to see if any other local physician would be interested, the Council directed Mr. Bielser to advertise through the local Medical Society, and report back in thirty days. RE: RECOMMENDATIONS RE MANAGEMENT SALARIES - File 7-3 Council accepted City Manager Bielser's recommendation that there be no Management increases due to the constraints placed on the City by the State Legislature. RE: PLANS BY GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT TO USE ARTICULATED BUSES THROUGH SAN RAFAEL - File 112-2 Council considered a letter from the Golden Gate Bridge, Highway and Transportation District announc- ing that they are expecting delivery of ten articulated buses very shortly, and are planning on using them through San Rafael beginning in mid-December. The buses carry 69 passengers, and are made up of two separate compartments joined by a flexible hinge at the mid-section. The increased length of the buses will necessitate relocation and/or lengthening of several bus stops on Lincoln Avenue. The subject of whether the increased weight would adversely affect the streets was discussed, and staff was directed to make a study. Mr. Don White stated that he has received technical data on the buses and he will furnish any information the City requests. Councilman Jensen moved and Councilman Mulryan seconded, that staff make a study of the use of the articulated buses, subject to approval of weight loads and their affect on the streets. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon ADD ITEMS: RE: DEVELOPMENT OF AREA IN FRONT OF SAN RAFAEL HIGH SCHOOL - File 4-7-12 Councilman Mulryan proposed that the City assist the School Distrtict with development of the area in front of San Rafael High School by contributing $5U,000 of Revenue Sharing Funds, with the School District contributing matching funds, and making up the balance of the $116,b4U required by raising the funds. Councilman Miskimen moved and Councilman Jensen seconded, that staff prepare a Joint Powers Agreement with the School District regarding the funding as discussed. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: DOWNTOWN TRAFFIC CONGESTION DURING HOLIDAY SEASON - DECEMBER 18 - 31 - File 9-3-3U Council accepted a report from Police Chief Benaderet regarding the steps being taken to alleviate traffic congestion at intersections of Irwin Street at Second and Fourth Streets and Mission Avenue, by assigning three police recruits to physically direct traffic between 4:00 and 6:UU PM. The other six hours of the officers' shifts, they will be assigned a downtown walking beat and will physically direct traffic if needed at any downtown intersection to relieve temporary congestion. 134 RE: EXECUTIVE SESSION The Council adjourned to Executive Session to discuss property acquisition. JEAW M. LEONCINI, City C erk hcI APPROVED THIS DAY OF , 1979 V 01 aeric. MAYOR OF THE CITY OF SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Thursday, December 21, 1978, at 5:UU PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne WI. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: DISCUSSION OF BALLOT MEASURES FOR THE MARCH b, 1979 GENERAL MUNICIPAL ELECTION - File 9-4 City Manager Bielser advised the Council that County Administrator John Barrows had dust informed him that, because of time constraints, the County could not legally hold an election to coincide with San Rafael's March 1979 General Municipal Election, to place the Paramedic Service measure before the voters in the unincorporated areas. The reason for this is that the County has different election requirements than the City. The Council then discussed the ballot wording for the Paramedic Service measure within the corporate limits of the City of San Rafael only, including removal of all reference to the San Rafael Fire Department as providing the service. The Council had previously been informed that the private sector has requested to be allowed to submit proposals to provide Paramedic Service should the voters approve the measure in March, 1979. Fire Chief Marcucci advised the Council that the Fire Department is presently handling at least five medical problems a day within the City alone, and that the establishment of a Paramedic Service will increase the level of service and expertise of the people who are answering the calls. After further discussion, Councilman Mulryan moved and Councilman Jensen seconded, to change the Paramedic Service ballot measure woding to include Paramedic Service only within the corporate limits of the City of San Rafael, and to allow Council to have the option of deciding between the public and private sector to provide the Paramedic Service. AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon The following ballot measures were then approved: A. $5,000 maximum for the purchase of supplies, materials, machinery or equipment not let by bid. B. Establishing definite periods and monetary amounts when an ordinance is required for leasing City property. C. City Tax and License Collector to be appointive rather than elective. D. Establishment of new election date to coincide with School District elections, as established by State law. E. Establishment of Paramedic Service. 135 RESOLUTION NO. 5589 - 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. AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon ADD ITEM: File 9-3-16 RESOLUTION NO. 5590 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (RE PROOF OF CLAIM AGAINST ECONOMY OPTICAL AND DOCUMENT ENTITLED "ACCEPTANCE PLAN OF ARRANGEMENT") AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Nixon The Council adjourned to the next regular meeting, to be held January 2, 1979. JEPW R. LEONCINI, City CIO* 02 d APPROVED THIS DAY OF , 1977 MAYOR OF THE CITY SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Tuesday, January 2 1979, at 7:45PM. Joint Meeting Present: C. Paul Bettini, Mayor/Agency Member City Council and Fred E. Jensen, Councilman/Agency Member Redevelopment Agency John A. Miskimen, Councilman/Agency Member Lawrence E. fvlulryan, Councilman/Agency Chairman Jack G. Nixon, Councilman/Agency Member Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney Redevelopment Agency Chairman Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. SRRA File R-51 RESOLUTION NO. 79-6 - AUTHORIZING NEGAIIVE UECLARAIION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH PACIFIC UNION DEVELOPMENT COMPANY (AP 14-092-U4, U5, 06, U7, 11, 12, 17 and Former Alice Street) AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None SRRA File R-51 RESOLUTION NO. 79-7 - APPROVING COMPLIANCE 3433 OF THE HEALTH & SAFETY CODE AND APPROVING DISPOSITION & DEVELOPMENT AGREEMENT WITH PACIFIC UNION DEVELOPMENT COMPANY (AP 14-092-U4, 05, 06, 07, 11, 12, 17 and Former Alice Street) Mr. Bettini specified in his motion that it also included amendments to the Disposition & Development Agreement as concurred in by staff and the developers. AYES: MEMBERS: Bettini, Jensen, Miskimen, Nixon and Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None SRCC File 177 RESOLUTION NO. 5591 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO COMPLY WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING THE SALE TO PACIFIC UNION DEVELOPMENT COMPANY AYES: COUNCIL14EN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 136 The Council/Agency adjourned to the City Council meeting immediately following. a UTW M. LEONCINI, City Clerk/Agency Secretary APPROVED THIS `J DAY OF 1979. 61 C AIRMAN, REDEVELOPMENT AGENCY * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Tuesday, January 2 1979, at 8:OU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action Minutes of December 18 and 21, 1978 Meetings Claim for Damages - Francine Curtis - File 3-1-387 Extension of Time - Northgate East Development, Phases 2 and 3 - File 5-1-220 Supplement to Agreement for Installation of Railroad Crossing Protection on Third Street, Fourth Street, and Fifth Avenue - File 4-10-92 Public Hearing.on the Use of Revenue Sharing Funds - File 8-9 West Francisco Blvd. Extension Project: a. Resolution Authorizing Filing of Application to the Public Utilities Commission for Approval of Grade Crossings o. Resolution Requesting State of California to Approve Use of State Right -of -Way for New West Francisco Blvd. Extension - File 117 x 4-5-15 (R-89) Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5592 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 (To December 3, 1979) RESOLUTION NO. 5593 - ADOPTING PROGRAM SUPPLEMENT NO. 1 (REVISED) TO CITY/STATE AGREEMENT NO. 3 FOR FUNDING OF FEDERAL AID PROJECT NO. RRP-000S (243) FOR INSTALLATION OF RAILROAD PROTECTION DEVICES ON THIRD STREET, FOURTH STREET AND FIFTH AVENUE IN SAN RAFAEL, CALIFORNIA Set date for Public Hearing on January 15, 1979 RESOLUTION NO. 5594 - FINDING THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF RAILROAD CROSSINGS, WEST FRANCISCO BLVD. EXTENSION PROJECT RESOLUTION NO. 5595 - REQUESTING THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION TO APPROVE THE USE OF A PORTION OF STATE RIGHT-OF-WAY FOR THE WEST FRANCISCO BLVD. EXTENSION PROJECT AND TO PAY ONE-HALF THE PROJECT COST AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 137 RE: PUBLIC HEARING - TS76-8 - APPEAL OF PLANNING COMMISSION DECISION. 52 -UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION OAKWOOD ; END OF CLORINDA, SPRING GROVE AND GREENWOOD AVENUES AND UPPER TOYON DRIVE; PAUL FELTON, OWNER; RICHARD OLMSTEAD, REP.; R-1 DISTRICT; AP 12-U81-29; 12 -U94 -U1; 12-121-23 & U4; EIR PREPARED; RICHARD A. BARRY, GERSTLE PARK & WEST END NEIGHBORHOOD ASSOCIATIONS, AND AD HOC COMMITTEE FOR OPEN SPACE, APPELLANTS - File 10-8 Mayor Bettini declared the public 'hearing opened. Hearing continued to meeting of February 5, 1979, at request of the developer. RE: PUBLIC HEARING - BOARD OF APPEALS HEARING, AP 11-273-0b, THE LINCOLN BUILDING, bUl FOURTH STREET; NESS, INC. C/0 DR. GIDEON SOROKIN OWNERS - File 3-3-29 x 9-2-7 Mayor Bettini declared the public hearing opened. Dr. Sorokin introduced Valmar Schaaf, civil engineer, to speak on his behalf with regard to the building. Mr. Schaaf questioned the procedure being followed with regard to the appeal, and also the requirement that if a building is more than 50% destroyed it must be abated. He stated that he failed to find that requirement in the Uniform Building Code. The Council agreed to have staff look into the cited regulations, and to continue the hearing at the end of the Council meeting. As the last item on the Council agenda, the matter was brought back, and further discussion was held regarding the building regulations. After the discussion Councilman Mulryan moved and Councilman Jensen seconded, to put the matter over to the January 15, 1979 meeting to allow staff and the owner with his engineer to confer, including the legal issues involved and what procedures should be complied with. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None Dr. Sorokin promised the Council that he would agree to comply with the Building Code and was willing to work with staff to come to a solution. RE: PUBLIC HEARING - UP78-127 - APPEAL OF PLANNING COMMISSION DENIAL. DISCO; 1618 SECOND STREET; C-2 DISTRICT; AP 11-241-38; CERA: Cat. Ex. 15101; IRAJ BAHMANZADEH, APPELLANT - File 1U-5 Mayor Bettini declared the public hearing opened. Item continued to the meeting of January 15, 1979, at request of appellant. RE: STATUS REPORT ON COMPLAINTS RE 231 UNION STREET AND 12 HEPBURN HEIGHTS - File 3-3-26 x 3-3-28 x 9-3-16 Report from City Attorney Connick indicated that the properties are now in compliance with the Uniform Building Code, and will be periodically checked. Council accepted the report. RE: COMMUNICATION RE OVERNIGHT CAMPING, CHINA CARP STATE PARK - File 9-3-66 Council considered a letter from Senator Barry Keene which enclosed a letter from Steven Steinhour, Deputy Director of the State Parks and Recreation Department, which Senator Keene had received in response to his letter regarding China Camp State Park. It reaffirmed the State's position to allow overnight camping at China Camp State Park, and announced that there will be another State Park Commission hearing on the China Camp State Park General Plan in the San Francisco Bay Area in February, date and time not yet confirmed. After discussion of the next action which could be taken, Councilman Mulryan moved and Councilman Miskimen seconded, that staff draft another resolution to the State protesting the overnight camping and request the Marin County Board of Supervisors to do likewise. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON HIGH HAZARD LANDS POLICY - File 9-1-2 x 9-3-4U Council considered a staff report which indicated that the City must process applications for development of land which is considered to be high hazard, or face possible inverse condemnation. The City's insurance agent has indicated that it is not possible to get insurance coverage which would protect the City from liability for damages because the City had approved a development plan, and also that it is not practical to require a performance bond for completion of work on private property by the owner of the property. Staff therefore recommended various steps to be taken upon receiving such an application, including obtaining soils engineering and geologic reports, or other engineering reports which are considered necessary; evaluating the reports to determine if the land is suitable for development, and recom- mending for or against the application. A recommendation against approval could be appealed to the k -1011-0i Council by the applicant. If the land is developable but needs extensive repair work before a building permit can be issued, the repair work would De a condition of approval of the tentative map. At the time of approval of a final or parcel map, the City would require a Covenant running with the land to be recorded, stating the nature of the repairs made so that future prospective buyers would be informed of the history of the land. A warranty of soil stability may be developea when possible. Councilman Nixon moved and Councilman Miskimen seconded, to adopt the recommendations as policy, procedures and guidelines, and that staff be authorized to proceed with necessary changes in existing ordinances to cover this policy, and return to Council for consideration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REVISED TOWING PROCEDURES POLICY - File 9-3-30 Council considered the revised Towing Procedures Policy, which had been amended in accordance with their suggestions at the previous meeting. The changes were approved, and Police Chief Benaderet promised to have the enabling ordinance ready for the January 15, 1979 meeting. RE: REPORT ON COUNCIL CHAMBERS PUBLIC ADDRESS SYSTEM - File 9-1 Continued to meeting of January 15, 1979. Speaker not able to attend this meeting. RE: FINAL ADOPTION - ORDINANCE NO. CODE TO ADD A DEFINITION OFDISCO REQUIRING A USE PERMIT - File 10-1 1319, AMENDING SECTION 14.U8.U50 D OF THE SAN RAFAEL MUNICIPAL AND AMENDING SECTION 14.44.020 II a T TO ADD DISCO AS A USE CHARTER ORDINANCE NO. 1319 - An Ordinance of the City of San Rafael Amending Section 14.ud.USU D of the San Rafael Municipal Code to Add a Definition of "Disco" and Amending Section 14.44.UZU II (2) to Add Disco as a Use Requiring a Use Permit, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REUUEST FOR POLICY DECISION RE LIABILITY INSURANCE - 9-6-1 x 9-3-65 Council considered a request from Recreation Director Jauch for a policy decision on whether the City should continue their present policy of requiring users of City facilities to carry additional insurance when alcoholic beverages are being served, in view of SB 1645 which lifted the liability in such cases on the part of the host, effective January 1, 1979. Councilman Mulryan moved and Councilman Miskimen seconded to exclude the requirement for the addi- tional insurance with regard to alcoholic beverages, and to increase the general liability for users of City facilities to $1UU,000 from $50,000. AYES: COUNCILMEN: Jensen, hiskimen, iviulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Nixon left meeting) RE: REQUEST FOR GARBAGE COLLECTION RATE ADJUSTMENT - File 4-3-32 Council considered a Sixth Amendment to the Agreement with Marin Sanitary Service, which would raise the garbage collection rates effective January 1, 1979. RESOLUTION NO. 5596 - AUTHORIZING THE SINGING OF A CONTRACT, LEASE OR AGREEMENT (With Marin Sanitary Service, Sixth Amendment to Agreement) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon (Councilman Nixon returned) (Councilman Jensen left) RE: DISCUSSION OF BALLOT ARGUMENTS, 1979 MUNICIPAL ELECTION - File 9-4 Council suggested minor revisions to the proposed ballot arguments for the March 6, 1979 General Municipal Election. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the ballot arguments as amended. AYES: COUNCILMEN: Miskimen, Plulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: URGENCY ORDINANCE SETTING PARKING LIMITS FOR NEW DOWNTOWN AREA PARKING LOTS - File 11-16 CHARTER ORDINANCE NO. 1320 - An Urgency Ordinance of the City of San Rafael Amending Title 5, Chapter 5.60, Section 5.60.066, Ten Hour Parking Meter Zones, and Section 5.ou.u7U, Two Hour Parking 139 Meter Zones by Adding Thereto Additional Parking Lot Facilities, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen ADD ITEM: City Attorney Connick requested and received approval to join as Amicus Curiae on behalf of the City of Vallejo where their sign ordinance is being tested, barring posting of political signs on public property. Council noted that the City of San Rafael already has such an ordinance. ADJOURNMENT: J E M. LEONCINI, City Clerk APPROVED THIS DAY OF 1977 1v1AYOR OF THE CITY 9F SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Monday, January 15, 1979, at 8:UO PNI. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Nixon seconded, to approve the recommended action on the following consent calendar items: Item Resolution of Appreciation for Retired Chief George Hasler - File 102 Report on 1717/1719 Fifth Avenue - File 10-5 Acceptance of Grant of Right -of -Way - Jacoby Street - File 2-2 Resolutions re Cultural Affairs Program Contracts - File 9-3-82 Recommended Action RESOLUTION NO. 5597 - RESOLUTION OF APPRECIATION TO GEORGE HASLER (Retired Battalion Chief, Fire Department) Accepted report. RESOLUTION NO. 5598 - ACCEPTING CONVEYANCE OF STREET RIGHT-OF-WAY -- JACOBY STREET, SAN RAFAEL, CALIFORNIA RESOLUTIONS AUTHORIZING SIGNING OF CONTRACTS, LEASES OR AGREEMENTS: NO. 5599 - Kent Diehl, Antiques NO. 56UU - Beverly Mayeri , Flasks NO. 5601 - Helen Stanley, Curator NO. 56U2 - Mary Dekker, Art Curator Resignation of Mary Dekker from Cultural Affairs Commission accepted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 140 RE: PUBLIC HEARING - GERSTLE PARK NEIGHBORHOOD PLAN - File 163 Mayor Bettini declared the public hearing opened. Community Projects Coordinator Hotchner briefed the Council on his staff report, including his recommendation that almost all properties now documented as "nonconforming" be changed to "legal and conforming". For this purpose, Mr. Hotchner proposed the addition to the zoning ordinance of a "G" combining zone which initially would be applied to the Gerstle Park core area, and subsequently could be applied in other neighborhoods where warranted. Mr. Hotchner also displayed maps with alternate zoning proposals for the area. Council then heard from individuals pro and con, including Michael Flynn, Aldo Dallara, Herman Deitch, Si Tarlan, Cecilia Bridges, Orlando Conti and Orlando Conti, Jr., Roger Pierce, Jim Metter, Gary Henderson and Hugo Landecker. Mr. Landecker presented a map, designated as "Flap 3a", which showed amended zoning and which has the approval of the Gerstle Park Neighborhood Association. There being no further input, the public hearing was declared closed. Councilman Nixon moved and Councilman Mulryan seconded, to refer Map 3a and the "G" zoning matter to the Planning Commission with the Council's recommendation for approval, asking the Planning Commis- sion for their response. The motion also recommended continuation of the public hearing. AYES: COUNCILMEN: Mulryan and Nixon NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini ABSENT: COUNCILMEN: None Motion failed. Councilman Miskimen then moved, and Councilman Jensen seconded, to refer the Map 3a to the Planning Commission with no recommendation on it or on the "u" zoning. The Planning Commission is to react and give their recommendation on the new concept. The motion included a recommendation to continue the public hearing to March 5, 1979. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - UP76-122 - CONVERSION OF RESIDENCE TO TRIPLEX: DIANNE B. APISEL, OWNER; LINDA STONE, REP.; 524 D STREET; R-3 DISTRICT; AP 12-153-14; CEQA: Negative Declaration - File 10-5 Mayor Bettini declared the public hearing opened. Hearing was continued to the meeting of February 2U, 1979, at the request of appellant. RE: PUBLIC HEARING - UP76-127 - APPEAL OF PLANNING COMMISSION DENIAL. DISCO; 1616 SECOND STREET; C -'L DISTRICT; AP 11-241-36; CEQA: Cat. Ex. 15101; IRAJ BAHMANZADEH, APPELLANT - File IU -5 Mayor Bettini declared the public hearing opened. Councilman Miskimen determined fromn Planning Director Meador that the proposed disco would have no live music, just a juke box. He inquired if the previous owners had a juke box, and was told they had live music. Council then heard attorney James W. Crichton, representing Iraj Bahmanzadeh, the appellant. Mr. Crichton stated that they are appealing the Planning Commission's denial of a Use Permit for the disco, "Truffles", and pointed out that the Planning Staff Report shows Nasser Kashani as one of the owners when, in fact, Mr. Bahmanzadeh bought the business from Mr. Kashani who had operated it under the name "Knights Bridge". Mr. Crichton stated there will be no music heard outside the building, that the amplifiers will be focused on the dance floor, and the decor and atmosphere will attract mature adults. He further stated that the manager and owner had sent 16 invitations to surrounding neighbors to come and talk with them and listen to their plans for the operation of the disco, but that only one person responded. The Council then heard from Bob Wacher, manager of the Sawmill Disco in Mill Valley, speaking in favor of this planned establishment, and from Elizabeth Tye, interior designer, who described the subdued and costly interior being planned. Darrell Clark, who will manage the disco, stated that there will be two people at the door at all times to monitor the people entering. Mayor Bettini inquired about controlling the patrons when they leave at night and Mr. Clark replied that the two people at the door will take care of that. The Council then heard from several neighbors, including Patrick Bowen whose rear property line is directly behind the disco building; and from Harold Wolhaupter who lives next door to Mr. Bowen, both of whom are concerned about the attendant noise. There being no further input, the public hearing was closed. 141 Councilman Jensen moved and Mayor Bettini seconded, that the appeal be denied and the action of the Planning Commission be sustained. AYES: COUNCILMEN: Jensen and Mayor Bettini NOES: COUNCILMEN: Miskimen, Mulryan and Nixon ABSENT: COUNCILMEN: None Motion failed. Councilman Mulryan then moved and Councilman Miskimen seconded, to uphold the appeal and overrule the Planning Commission, and that a Use Permit be granted for 120 days, based on Planning staff's conditions. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: PUBLIC FHEARING - APPEAL OF PLANNING COMMISSION DENIAL. ED78-114 - OFFICE COMPLEX ON SIX PARCELS (ADDITION TO EXISTING BUILDING, ONE NEW BUILDING, DEMOLITION OF THREE EXISTINTG BUILDINGS). V78-42 - REDUCTION IN REQUIRED OFF-STREET PARKING FOR OFFICE COMPLEX; 523 FOURTH STREET & 914 IRWIN STREET; AP 14-123-01 THRU 05 & 22; CEQA: Negative Declaration; HUT PROPERTIES, APPELLANT - File 10-4 x IU -6 Mayor Bettini announced that a letter had been received from the appellant withdrawing nis appeal. RE: PUBLIC HEARING - BOARD OF APPEALS HEARING, AP 11-273-06, THE LINCOLN BUILDING, 801 FOURTH STREET; NESS, INC. C/O DR. GIDEON SOROKIN OWNERS - File 3-3-29 x 9-2-7 Mayor Bettini declared the public hearing opened. City Manager Bielser summarized the staff report, which stated that since the last Council meeting staff has had many inspections, and meetings with the appellant. The staff report recommends that the abatement proceedings be postponed to allow the appellant to prepare plans and specifications to bring the building up to all applicable building and fire code requirements, and that the Council express its intent to allow the reconstruction of the building if all applicable building code requirements are met. The report included other recommendations regarding meeting earthquake standards and energy conservation requirements. Mr. Bielser also pointed out that a recent inspec- tion indicated 47% to 48% destruction by the recent fire, not 5U% as first indicated. This would mean that only the repair work done would have to be up to code, not the entire building. However, if any alterations or repairs are made within any twelve-month period which exceed 5U% the entire building must be brought up to code. Valmar Schaaf, engineer for the appellant, stated that Dr. Sorokin is willing to bring the building up to code, which will require considerable upgrading. Mayor Bettini declared the public hearing closed. Councilman Mulryan moved and Councilman Nixon seconded, to accept the staff recommendations, including applying the 48% rule. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - PROPOSED AMENDMENT OF TITLE 14 (ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING SECTION 14.84.040 RELATING TO APPEALS TO THE CITY COUNCIL AND ESTABLISHING CHAPTER 2.05 OF THE SAN RAFAEL MUNICIPAL CODE - File 10-6 Mayor Bettini declared the public hearing opened. Council considered a proposed ordinance regarding appeals procedure on Planning Commission decisions. The staff report pointed out that while the present City Code does not provide the City Council with any alternative other than a full public hearing, the proposed ordinance would permit the Council to make a decision only on the record. It was pointed out by staff that the present procedure requires that all appeals be considered by means of a public hearing before the Council. Council then heard from members of the public, including Marilyn Weller who wanted the time for appeal to be five "working days", and objected to Section 2.15.3U, regarding hearing on the record, and requested that the provision that a hearing could be bypassed by a determination of the City Manager that the appeal is of such a nature that a full hearing is warranted, be deleted entirely. The public hearing was declared closed. After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, that the ordinance should not be adopted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None 142 RE: PUBLIC HEARING - PUBLIC USES OF FEDERAL REVENUE SHARING FUNDS - File 8-9 Mayor Bettini declared the public hearing opened. Staff reported that the recommended use was the expenditure of $5U,000 of the funds for the San Rafael High School project, with matching School funds being contributed. There being no public input, the public hearing was declared closed. Councilman Mulryan moved and Councilman Miskimen seconded, to approve use of the Federal Revenue Sharing Funds as recommended by staff. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: "E" STREET SCHOOL PARKING IN -LIEU FEES - File 11-24 x 9-10-2 Council considered a recommendation that, since the parking at the "E" Street School property which is to be renovated is still short three spaces after a considerable amount of re -working of the parking plan, the Council impose an in -lieu fee of $5,000 per space for the three spaces requiring a variance. Staff also suggested that the $5,000 would be payable upon issuance of a building permit. Mayor Bettini stated he felt the parking plan was too tight and did not allow sufficient area for turning when leaving certain parking spaces. Councilman Miskimen moved and Councilmn Jensen seconded, to approve the $5,000 per space in -lieu fee for the three spaces in question. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: None (Mayor Bettini left meeting) RE: REPORT ON COUNCIL CHAMBERS PUBLIC ADDRESS SYSTEM - File 9-1 (Vice -Mayor Jensen presided) Council considered a proposal from W. H. FreisleDen, regarding the upgrading of the Council Chambers public address system. After discussion Councilman Miskimen moved and Councilman Nixon seconded, to approve the recommenda- tion of the button -switch type of microphones, and that the system would be on a trial basis. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini (Mayor Bettini returned) RE: DISCUSSION ON STATUS OF OPEN SPACE AC UISITION PRIORITIES - File 13-14-1 Verbal presentation Councilman Nixon requested that staff prepare an updated report on which open space lands are left, and how much money is left, so that a policy decision can be made. Report is to be presented at the February 20, 1979 meeting. RE: DISCUSSION OF FREEWAY TRAFFIC PROBLEMS - File 11-16 Verbal presentation Councilman Mulryan requested permission from the Council to visit Caltrans when he is in Sacramento on business, to discuss with them the freeway situation in San Rafael. Permission was granted. Mayor Bettini remarked that Assemblyman Filante had been present and would have liked to talk on the subject, but that he had left due to the lateness of the hour. Mayor Bettini suggested that Assemblyman Filante be invited again. RE: REPORT ON SAN PEDRO COVE WALL - File 5-1-24U Council accepted a report from staff, indicating the improvements being made on the wall, involving landscaping. Also, a sidewalk is to be installed to provide pedestrian access along Pt. San Pedro Road adjacent to the subdivision. RE: REQUEST FOR TWO TAXICAB PARKING SPACES - FOURTH STREET AND TAMALPAIS AVENUE - File 9-9 RESOLUTION NO. 5603 - ESTABLISHING TWO TAXICAB PARKING SPACES ON THE EAST SIDE OF TAMALPAIS AVENUE IMMEDIATELY SOUTH OF THIRD STREET ($250 per space per year) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None It was noted that these two spaces are in lieu of the four spaces previously located on Third Street near the Greyhound Depot, which are now unavailable due to the construction and modification on Third Street. 143 RE: ESTABLISHMENT OF PARKING IN -LIEU FEE, 828 MISSION AVENUE - File 11-24 x 9-10-2 Item continued to February 5, 1979 meeting, at request of owner of property. RE: LAW ENFORCEMENT GRANTS: a. Marin County Major Crimes Task Force - File 4-10-114 The Police Chief was directed by the Council to confer with the City's insurance agent regarding the liability insurance, including coverage for owned and non -owned automobiles, and Hold Harmless. RESOLUTION NO. 5604 - AUTHORIZING THE JOINT POWERS AGREEMENT FOR PARTICIPATION IN THE MARIN COUNTY MAJOR CRIMES TASK FORCE AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. Youth Services Bureau - File 4-10-115 RESOLUTION NO. 5605 - APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE OFFICE OF CRIMINAL JUSTICE PLANNING AYES: COUNCILMEN: Jensen, Miskimen, Nlulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED CALTRANS LEASE AT GARY PLACE AND ANDERSEN DRIVE - File 171 Council considered a staff report which indicated that both Budget Rent -a -Car and Lucky Stores (parent company of GEMCO) had submitted bids for lease of Caltrans land at Gary Place and Andersen Drive. Budget was high bidder with $29,000 per annum on a five-year lease with options up to thirty years; GEMCO was second at $26,700 per annum with similar terms. The staff report indicated that it is not clear whether the State Highway Commission is obliged to accept the highest dollar amount. It was pointed out that those lands which are outside the right-of- way could be more aptly described as excess real property, and the property in question appears to come under that category. This would mean that Sec. 54220 et seq of the Government Code would apply, and a local public agency would have the first right for refusal of such lands. For this reason, staff points out that the State Highway Commission at the request of the San Rafael Redevelopment Agency could exercise its discretion and award the lease to Lucky Stores at their figure, or lease to the Redevelopment Agency or the City of San Rafael with either entity reserving the right to assign to Lucky Stores. It was pointed out by a representative of GEMCO that this area in question had been earmarked for employee parking for the proposed GENICO project. After discussion Councilman Jensen moved and Councilman Miskimen seconded, to request Caltrans to hold up the lease until such time as a decision has been rendered on the GEMCO project. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SET DATE FOR SECOND MEETING IN FEBRUARY 1979 - File 9-1 Council agreed that, due to the holiday on Monday, Februaryl9th, the City Council meeting will be held on Tuesday, February 2U, 1979. ADD ITEMS: HOUSING CONDITIONS IN CANAL AREA - File 13-9 Verbal presentation Councilman Mulryan stated that he had received calls and had gone to the Canal area to look over conditions in three apartment buildings. He found them appalling, with broken railings, broken stairways and driveways, broken sewer lines with raw sewage flowing, and at least two illegal units. It was apparent that no maintenance had been done in a long time. It was agreed that Councilman Mulryan should give the addresses to staff so a building inspection could be made. He also offered to take anyone who was interested into the area so they could see for themselves. PREPARATION OF SUB -REGIONAL TRAFFIC STUDY IN TERRA LINDA VALLEY - File 4-10-116 RESOLUTION NO. 5606 - AUTHORIZING THE SIGNINU OF A LEASE OR AGREEMENT (W/Wilbur Smith & Associates, Inc. - fixed fee of $26,860) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 144 On.1r)I(PKIM FKIT The City Council adjourned to their next regular meeting February 5, 1979. JE&AE M. LEONCINI, City Clerk APPROVED THIS 5 DAY OF 1979 MAYOR OF THE CITY OF SAN RAFAEL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * In the Council Chambers of the City of San Rafael, Monday, February 5, 1979, at 8:UU PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Harry A. Connick, City Attorney RE: PROPOSED RESOLUTION SUPPORTING SAN RAFAEL HIGH SCHOOL'S REQUEST TO DESIGNATE DAISY AS NATIONAL FLOWER - File 173 A group of San Rafael High School students appeared before the Council to gain their support before travelling to Washington, DC later this month to appear before Congress in an effort to have them consider the daisy as the national flower. Jeri De Conard, who spoke for the group, stated that Congress has been seeking a national flower since 1912. RESOLUTION NO. 56U7 - RESOLUTION SUPPORTING SAN RAFAEL HIGH SCHOOL'S RESOLUTION TO DESIGNATE DAISY AS THE NATIONAL FLOWER AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: CONSENT CALENDAR Councilman Jensen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of January 2 and 15, 1979 Meetings Claim for Damages - Maureen Healy - File 3-1-388 Claim for Damages - Mark Krafft - File 3-1-394 Report on Vydec Machine - File 4-10-117 Communication from Mr. E. S. Arntz re Dedication of Open Space - File 2-1-66 Four -lot Subdivision, Elizabeth Way; AP 10-083-02 & 1U-133-15 - File 5-1-248 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved purchase of Vydec Word Processing equipment at a cost of $9,799. RESOLUTION NO. 56U8 - ACCEPTING CONVEYANCE OF REAL PROPERTY TO BE RETAINED AS OPEN SPACE (AP 186-051-U2 & 03, approximately 2 acres adjoining Ridge Avenue) Set public hearing for February 2U, 1979. Resolution re: Cultural Affairs Program Contract for Concert (Mark Naftalin, March 1, 1979 ) - File 9-2-24 North Bay Cooperative Library System Financial Statement, June 30, 1976 - File 4-10-83 Notice of Determination for the Environ- mental Assessment for West Francisco Blvd. Extension Project - File 117 x 4-5-15 (R-89) Bid Authorization of Police Vehicles - File 4-2-135 Request for Council Approval re Opening Book/Gift Shop at Falkirk Community Cultural Center - File 9-2-24 Communication from M-2 Sponsors Inc. re Richmond/San Rafael Bridge Run - File 172 145 RESOLUTION NO. 56U9 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (Mark Naftalin) Report accepted. Approved Environmental Assessment & Notification (Negative Declaration & Notice of Determination) Approved recommendation to go to bid for purchase of eight new four -door sedan Police vehicles. (Restricted to Marin County dealers) Approved. RESOLUTION NO. 561U - EXPRESSING SUPPORT FOR THE FIRST RICHMOND/SAN RAFAEL BRIDGE RUN SPONSORED BY ISI -2 SPONSORS (April 29, 1979) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: APPLICATION OF SYSTEMS APPLICATIONS, INC. - File 10-2 (This item removed from Redevelopment Agenda for discussion by Council) George P. Mandanis, Chairman of Systems Applications, Inc., requested that his project not have to wait until completion of the Terra Linda Valley Traffic Study, as this could result in their loss of their option on the property. He offered to agree, prior to completion of the traffic study, to comply with any requirements made as a result of the study. Study should be completed within six weeks. After discussion Councilman Nixon moved and Councilman Jensen seconded, that the applicant be allowed to file an application for processing through the Planning Commission, but that no permits be issued until environmental problems relating to traffic are resolved, and noting the applicant's willingness to pay his ro rata share if such is required. AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: Miskimen RE: APPLICATION OF DEBRA HOMES, INC. - File 10-2 (This item also removed from Redevelopment Agenda for discussion by Council) Council reviewed a letter from Debra Homes, Inc., requesting that they be allowed to have their applications go through the Planning process, for 89 unit townhouse development on Lots 9 and lU of the Smith Ranch. This request is similar to the above, in that Debra Homes were notified that their applications could not be processed until the completion of the Terra Linda Valley Traffic Study. Council agreed that Councilmen Mulryan and Nixon would meet and confer with Charles Linthicum, Vice President of Debra Homes to discuss the matter. RE: PUBLIC HEARING - TS76-8 - APPEAL OF PLANNING COMMISSION DECISION. 52 -UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION OAKWOOD ; END OF CLORINDA, SPRING GROVE AND GREENWOOD AVENUES AND UPPER TOYON DRIVE; PAUL FELTON, OWNER; RICHARD OLMSTEAD, REP.; R-1 DISTRICT; AP 12-081-29; 12-U94-01; 12-121-23 & 24: EIR PREPARED - File 5-1-244 x 10-8 Mayor Bettini declared the public hearing opened. Planning Director Meador reported that the developer has agreed to delete six ridgeline lots, and the extension of Clorinda Avenue is no longer a concern. Lot 38 will be divided into two separate lots. Total number of lots is now 45. Council then heard from several residents of the area, expressing satisfaction with the new agreement by the developer, but still expressing some concern over traffic on Clorinda Avenue. There being no further public input, the hearing was declared closed. RESOLUTION NO. 5611 - APPROVING AND MODIFYING THE TENTATIVE IAP OF THE OAKWOOD SUBDIVISION TO DELETE ALL RIDGELINE LOTS AND ADD ONE ADDITIONAL LOT AYES: COUNCILMEN: Jensen, Plulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 146 RE: PUBLIC HEARING - PROPERTY MAINTENANCE ORDINANCE - File 153 Mayor Bettini declared the public hearing opened. Community Projects Coordinator Hotchner explained how this present proposea ordinance had evolved, with emphasis on parking of recreational vehicles, through hearings and public input which had indicated that this was a major item of concern for the public. Hugo Landecker expressed the opinion that the proposed ordinance is not strong enough, using the term "watered down". There being no further public input, the hearing was declared closed. Council then discussed passing the ordinance in its present form, and reviewing it in a year, and agreed that would be their course of action. Councilman Nixon moved and Councilman Jensen seconded, to certify the Negative Declaration. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen An Ordinance of the City of San Rafael, Amending Ordinances 1145 and 1094 as Codified in Sections 1.2U.03U H, 1.2U.03U U, 1.2U.03U V, 1.2U.U90, 14.13.05U, 14.Ud.UbO and 14.08.200; Repealing Ordinance 1094 as Codified in Section 14.13.260 and Adding Section 14.13.310 of the San Rafael Municipal Code (Property Maintenance Ordinance), and numbering Charter Ordinance No. 1321, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen Councilman Nixon moved and Councilman Jensen seconded, to adopt the Implementation and Enforcement Guidelines. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: PUBLIC HEARING - PREZONING (Pre79-3) to R -1-B-1 FROM COUNTY A-2; 909 PATRICIA WAY, AP 165-021-08; ROGER HILTON, OWNER - File 10-3 Mayor Bettini declared the public hearing opened. There being no public input, the hearing was declared closed. Councilman Jensen moved and Councilman Mulryan seconded, to certify the Negative Declaration. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 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.U2U of the Municipal Code, so as to Reclassify Certain Real Property from A-2 (Limited Agricultural) District to R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 Square Feet) District (9U9 Patricia Way), and numbering Charter Ordinance No. 1322, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: PUBLIC HEARING - PREZONING (Pre79-4) to R-1 FROM COUNTY A-2, LOCATED AT RIDGEWOOD DRIVE AND ELIZABETH WAY; AP 10-081-07; MMWD, OWNER - File 1U-3 Mayor Bettini declared the public hearing opened. There being no public input, the hearing was declared closed. Councilman Jensen moved and Councilman Mulryan seconded, to certify the Negative Declaration. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of' San Rafael, California, Adopted by Reference by Section 14.15.02U of the Municipal Code so as to Reclassify Certain Real Property from A-2 (Limited Agricultural) District to R-1 (Single Family Residential) District (Corner of Ridgewood Drive and Elizabeth Way), and numbering Charter Ordinance No. 1323, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 147 RE: PUBLIC HEARING - ZONING ORDINANCE TEXT AMENDMENTS - (Z79-1) TO REQUIRE DESIGN REVIEW FOR STRUCTURES WITHIN 100 VERTICAL FEET OF A RIDGELINE, AND Z78-23 FOR ELEVATED DECKS OVER A CERTAIN HEIGHT - File 10-1 Mayor Bettini declared the public hearing opened. There being no public input, the hearing was declared closed. Councilman Mulryan moved and Councilman Nixon seconded, to certify the Negative Declaration. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen An Ordinance of the City of San Rafael, Amending Various Sections of the San Rafael Municipal Code Concerning Environmental and Design Review for Ridgelines and Elevated Decks, and numbering Charter Ordinance No. 1324, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON TOWING MATTERS - File 9-3-30 x 11-8 Assistant City Attorney Bullard reviewed for the Council the proposed Police Towing Franchisee Selection Procedures, including the notice to towing companies and the application. He also informed them that a proposed enabling ordinance is recommended if the procedure is adopted. Chief Benaderet was presented with a letter which was received by the Council at the start of its meeting, recommending a broader scope of selection, from the nine towing companies mentioned in the letter. The item was suspended for a brief period so Police Chief Benaderet could study the letter. At the end of that time, the Council and the Police Chief agreed to continue the entire matter until the February 20th meeting, so that Chief Benaderet could confer with the towing companies mentioned in the letter. RE: ESTABLISHMENT OF IN -LIEU PARKING FEE, 828 MISSION AVENUE - File 11-24 x 9-10-2 Item was continued to February 20, 1979 meeting, at request of property owner. RE: DISCUSSION OF RECONSIDERATION OF COUNCIL ACTION ON PROPOSED DISCO, 1618 SECOND STREET - File 10-b Planning Director Meador explained to the Council that it appears there is a problem with the Disco people not meeting the condition regarding parking. Attorney James W. Crichton, representing the Disco owners, stated that he is securing agreements from Casa Marin and Michael's, the adjacent property owners, for their spaces. There will be a total of 22 on-site spaces and 14 spaces on the street, making a total of 36 spaces. After discussion Councilman Mulryan moved and Councilman Nixon seconded, that the Council reconsider their action of January 15, 1979. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen Several residents of the area spoke regarding the noise factor, and stated they did not feel the noise people made when leaving the establishment could be controlled, even with valet parking. The owner of the proposed disco, Iraj Bahmanzadeh, stated that they will be catering to a more mature group, not young people, and called attention to the fact that the area is zoned C-2. The neighboring residents presented a petition, requesting that the area be rezoned R-3, for multiple residential use. Councilman Nixon expressed the opinion that the Council should stay with their original decision to grant the 120 -day Use Permit and give the disco people an opportunity to prove their claims. Mayor Bettini explained that there was no need for a motion, as the vote would be a 2-2 tie. RE: REPORT ON BID OPENING - PICKLEWEED PARK EXPANSION, PHASE I - File 4-1-278 City Manager Bielser informed the Council that staff is recommending that all bids be rejected, and that all work except the restroom building be re -bid. (Councilman Jensen left meeting) Council agreed that the restroom building cost seemed much too high, and it was agreed that staff should work with the architect and the Canal Community Council to work out a less expensive restroom building. Councilman Mulryan moved and Councilman Nixon seconded, to reject all bids, and re -bid all items except the restroom building, and that staff should work with the architect and the Canal Community Council to redesign the building and possibly the main hall. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen 148 RE: REQUEST FOR REPORT ON CANAL DREDGING - File 12-10 (Verbal Report) Councilman Mulryan stated he understood staff has been negotiating for a site for dumping of spoils from dredging of the Canal, and asked for an updated report. City Manager Bielser stated that staff has been working with the Corps of Engineers on the dredging and that they are prepared to commence in late Spring or early Summer. Accordingly, staff has been attempting to negotiate with the owners of the property where the Marina would have been, for use of the land as a disposal site for the dumping of spoils. There has been a recent change in ownership of the property, and staff is attempting to finalize an agreement with them. (Councilman Jensen returned) RE: REPORT ON INSPECTION OF APARTMENT HOUSES IN THE CANAL AREA - File 13-9 x 157 Planning Director Meador reported that the houses were reinspected by staff, with the County Health Department. Since the inspections, the City Attorney's office has assumed responsibility for securing corrective measures at 255 Canal Street, and staff is working to conclude violations for the houses at 123 and 260 Canal Street. Mr. Meador pointed out that if a concentrated effort were brought forward for just the Canal area, it would dominate the time of the Code Enforcement Officer, a Building Inspector, and a Fire Inspector. He suggested the use of a portion of HCDA funds be requested from the County, to hire a Code Enforce- ment Officer - a total of $46,000 was recommended. Mr. Meador also suggested consideration be given to the use of State and Federal funds for low interest loans for the necessary corrective action, so that landlords would not have to raise rents in order to bring their buildings up to standard. The Federal program is called Section 312 loans, and the State program is called the Marx -Foran Rehabilitation Loan Program. Mr. Dick Blood-Bornholdt of the (Marin Council Housing Authority, explained the details of both programs, and offered to work very closely with staff to obtain funds. He stated that with the Canal area as a target area, there should be no difficulty in receiving approval. It was agreed that no action should be taken on a Code Enforcement Officer until such time as the rehabilitation funds have been finalized. RESOLUTION NO. 5612 - APPROVING THE OPERATION OF THE SECTION 312 REHABILITATION LOAN PROGRAM IN THE CITY OF SAN RAFAEL, CALIFORNIA AYES: COUNCILfMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: DISCUSSION OF HEALTH, LIFE AND LONG-TERM DISABILITY COVERAGE - File 7-1-15/16/21/22/26/29/30 Verbal Report Mayor Bettini stated that he had this item placed on the agenda to bring attention to the fact that the Council will be in the budget process soon, and reviewing employee contracts, and that this would be the time to take a careful look at fringe benefits. (Mayor Bettini recommended that the Council see if there can be improvement in the terms for health, dental and long-term disability coverage. RE: COMPLAINT RE ELECTRONIC FOG SIGNAL - File 13-9 Council reviewed the fact that both Councilmen Mulryan and Nixon had received complaints from residents regarding a bell warning device which was installed by the U.S. Coast Guard at the mouth of the San Rafael Canal. The device, LT -17, was installed last August and emits a constant "ping" day and night, causing extreme annoyance to a large area. Mayor Bettini, accordingly, addressed a letter to Vice Admiral J. S. Gracey of the U.S. Coast Guard notifying him that the Coast Guard is in violation of federal, state and local laws, and that it is incumbent upon him to have the device removed immediately and to take no further action regarding installing other noise devices - unless it is reinstitution of the bell which formerly was there - prior to notifying the City of San Rafael and complying with the various federal, state and local requirements pertaining to compliance with general plans, noise pollution, and environmental impact analysis. City Manager Bielser was requested to notify the Council when a reply has been received from the U.S. Coast Guard. RE: COMMUNICATION FROM MT. TAM BRIDGE CLUB - File 9-10 Council considered a request from Mt. Tam Bridge Club for a license to operate a Duplicate Bridge studio at 4136 Redwood Highway. The license had been denied because Ordinance No. 917, Chapter 10.36 of the Municipal Code calls for mandatory denial of applications for "card room" permits. The letter explained that this would be a bridge studio, and will have no connection with gambling. Finance Director Coleman and Police Chief Benaderet agreed that Ordinance No. 917, Chapter 1U.36 of the Municipal Code, was passed to keep games of gambling with cards out of San Rafael. Mr. Coleman presented a proposed -ordinance which would amend Chapter 10.35, and exempt the playing of cards where there is no gambling involved.' FEW An Ordinance of the City of San Rafael, Amending Ordinance No. 358 of the San Rafael Municipal Code as Codified at Chapter 10.36, "Card Rooms" to Exempt Therefrom the Playing of Cards Where no Gambling is involved, and numbering Charter Ordinance No. 1325, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM CONNIE GREY RE CERTAIN BUSINESS LICENSE FEES - File 9-1U Council considered a letter from Connie Grey, whose business "N'Bottoms" is being liquidated. Mrs. Grey stated tht since the business is being liquidated because it has been operating at a loss, she is requesting a waiver of the $1UO.UO liquidating license fee. Councilman Mulryan moved and Councilman Nixon seconded, to waive the $100.OU liquidating fee in this instance. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM THE UNIFICATION CHURCH - File 9-10 Council considered a request from the Unification Church for waiver of fees (if any), and waiver of solicitors' permit application process. Police Chief Benaderet recommended against any waiver of any of the requirements of Section 10.bu "Charitable Solicitations" of the Municipal Code. Councilman Mulryan moved and Councilman Jensen seconded, to deny the request for waiver of fees and other regulations. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: SOLID WASTE STATE GRANT APPLICATION - File 4-10-118 x 13-2 Council considered a staff report stating that the City of San Rafael is eligible for $6,624 each year for five years to assist in litter cleanup, and $2,164 each year for five years to provide litter law enforcement, under the recently passed Litter Control, Recycling and Resource Recovery Act. Staff proposed that the City purchase litter receptacles for the downtown beautification area using the first grant, and provide for litter law enforcement and education programs with the second. RESOLUTION NO. 5613 - RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen ADD ITEMS RE: PARKING ACQUISITION STUDY - PHASE II - DOWNTOWN SAN RAFAEL - File 11-8 x 11-14 x 12-14 Verbal Report City Manager Bielser requested authorization for payment for Jack Faustman in amount of $S,000.Uu, for the Parking Acquisition Study, Phase II, for downtown San Rafael. RESOLUTION NO. 5614 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Jack Faustman, $5,000.UU) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: CITY ATTORNEY VACATION - File 9-3-16 Council heard report from City Attorney Connick that he will be on vacation status from February 26 through March 2, 1979. RE: EXECUTIVE SESSION The City Council adjourned to Executive Session to discuss property acquisition. JE NE M. LEONCINI, City Clerk APPROVED THIS 5-4--L DAY OF 19 -79 ivLAYOR OF THF CTTY OF SAN RAFAFI