HomeMy WebLinkAboutMinutes 1977-1981 pt. 3150
In the Council Chambers of the City of San Rafael, Tuesday, February 2U, 1979, at 8:UO PILI.
Regular Meeting: Present: Fred E. Jensen, Acting 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 Councilman Miskimen seconded, to approve the recommended action on the
following consent calendar items:
Item Recommended Action
Approval of Minutes of February 5, 1979 Approved as amended, to delete reference to
Meeting adoption of Resolution No. 5614, Authoriz-
ing Signing of a Contract with D. Jackson
Faustman for Preparation of a Downtown
Parking Study. (Redevelopment Item)
Amended City/State Agreement for Bellam
Blvd. Improvements - File 4-8-18
Communication from Commander, Twelfth
Coast Guard District - File 102 x 9-3-3U
Parking In -Lieu Fees, 628 Mission Avenue -
Pilc 11_74
Award of Bid for Self-contained Breathing
Apparatus - File 4-2-136
Resolutions re Cultural Affairs Program
Contracts (Sue Severin, Lecture;
Martin Blinder, Concert) - File 9-2-24
Appointment to Advisory Board for North
Bay Cooperative Library System -
File 4-10-83
Report on staff Review of Newspaper Rack
Locations - File 9-10 (R-125)
RESOLUTION NO. 5615 - AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMEND-
MENT TO THE AGREEMENT WITH THE STATE OF
CALIFORNIA FOR THE BELLAM BLVD. ROADWAY
IMPROVEMENTS PROJECT
RESOLUTION NO. 5616 - RESOLUTION OF
APPRECIATION TO MR. JOHN O'NEILL, RANGER
MARK HEDEEN & RESERVE POLICE OFFICER
MICHAEL O'NEILL
Adopted staff recommendation, $7,400 In -
Lieu parking fee: $1,400 on or before
7/1/79, $3,000 on or before 1/1/8u,
$3,000 on or before 7/1/80.
Approved staff recommendation, awarded
to L. N. Curtis & Sons, bid amount
$1U,26U.60.
RESOLUTION NO. 5617 - AUTHORIZING SIGN-
ING OF CONTRACT (Sue Severin, Lecture
at Falkirk)
RESOLUTION NO. 5616 - AUTHORIZING SIGN-
ING OF CONTRACT (Martin Blinder, Music
Concert at Falkirk)
Approved Library Board's Recommendation
to appoint Lyman McBride, with
Clarice Kramer as alternate.
Approved staff recommendation - permits to
be issued subject to conditions, at six
locations.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ADD ITEM:
RE: CONTRACTED SALARY INCREASES - File 7-3
City Manager Bielser informed the Council that as a result of the recent Supreme Court decision it is
now possible to honor the three-year contracts with Police, Fire and Miscellaneous personnel, and
grant the 6.75% increase for Police and Fire, and the 5% increase for nonmanagement, nonsafety
employees, retroactive to July 1, 1976. Mr. Bielser pointed out that in 1976 there was a 3% increase
for the employees, in 1977 there was no salary increase, and in the third year of the contract the
6.75% and 5% respectively were to be paid. Mr. Bielser recommended a motion to dismiss the lawsuit
which had been entered into with the employees, adopt the resolutions authorizing the salaries, and
authorizing the payment of 6.5°% interest annualized rate on the monies which were withheld on back
salaries, with back pay plus interest to be included on February 26, 1979 paychecks.
Mr. Mulryan moved and Mr. Nixon seconded, to dismiss the lawsuit which had been entered into with
the City employees.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
151
RESOLUTION NO. 5619 - AMENDING RESOLUTION NO. 5133 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR POLICE DEPARTMENT PERS014NEL
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 5620 - AMENDING RESOLUTION NO. 5132 PERTAININu TO THE COMPENSATION AND WORKING
CONDITIONS FOR FIRE DEPARTMENT PERSONNEL
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RESOLUTION NO. 5621 - AMENDING RESOLUTION NO. 5134 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED
EMPLOYEES
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: CULTURAL AFFAIRS COMMISSION RECOMMENDATION RE HOSTING CANADIAN EXCHANGE STUDENTS - File 9-2-24
Council reviewed a recommendation from the Cultural Affairs Commission that fees be waived for use
of Falkirk for a welcoming dinner for fifteen exchange students and three teachers from Quebec,
Canada, who are coming as part of an exchange program involving San Rafael students. The Commission
also recommended that the City Council extend an official welcome to the students, and endorse and
support the program.
Councilman Nixon moved and Councilman Miskimen seconded, to waive the fees for Falkirk, and that the
City Council endorse the exchange program and extend an official welcome to the students and teachers
from Quebec.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
It was also agreed that the group should be presented with a City flag, and that one member of the
Council should represent the City at the welcoming dinner at Falkirk.
RE: PUBLIC HEARING - UP76-122 - APPEAL OF PLANNING COMMISSION DENIAL. CONVERSION OF RESIDENCE
TO TRIPLEX, 524 D STREET; DIANNE B. AMSEL, OWNER; R-3 DISTRICT; AP 12-153-14; CEQA: NEGATIVE
DECLARATION - File 10-5
Acting Mayor Jensen declared the public hearing opened.
Hearing continued to meeting of March 5, 1979, at request of appellant.
RE: PUBLIC HEARING - s76-29 - APPEAL BY ADJACENT RESIDENTS. FOUR -LOT SUBDIVISION; ELIZABETH
WAY; ROBERT B. PRAETZEL & CHARLES GRANDI, OWNERS; MATTHEW C. GUTHRIE, REP.; R-1 DISTRICT;
AP 10-063-02 & 1U-133-15; CERA: NEGATIVE DECLARATION - File 10-6
Acting Mayor Jensen declared the public hearing opened.
Hearing continued to meeting of March 19, 1979, at request of project applicant.
RE: PUBLIC HEARING - Z77-7 - APPEAL OF PLANNING COMMISSION DENIAL. CERTIFICATION OF FINAL
EIR FOR PEACOCK GAP REZONING (P -C TO P -D DISTRICT); NEW YORK - CALIFORNIA INDUSTRIAL COPRORATION,
OWNER; MURPHY, PULICE ASSOC., INC., REPS.; LARRY SEEMAN ASSOCIATES, INC., CITY ENVIRONMENTAL
CONSULTANT; AP NOS. 166-470-13, 14 AND 79; 166-460-01; AND 164-010-36 - File 10-3
Acting Mayor Jensen declared the public hearing opened.
Council heard a report from Richard Harris of Larry Seeman Assoc., regarding the EIR, which briefed
their findings regarding the critical impact on traffic, and on geological hazards, wildlife habitat
and vegetation, and also on the known archeological and historical resources which would be affected.
Council then heard from Peter Hunt, attorney for the developers, who appealed the rezoning, and
stated that the size of the development had been reduced from 275 units to 225. Mr. Hunt requested
that if the appeal is denied it be denied without prejudice.
Council then heard from Robert Winckler, chairman of the Neighborhood Planning Committee of the
Peacock Gap Homeowners, who stated that many aspects of the EIR are not responsive, but that he does
not oppose certification of the EIR only because the Association wants a decision on the plan at
this meeting.
Councilman Mulryan moved and Councilman Miskimen seconded, to certify the EIR.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
152
Council then heard from residents of Peacock Gap, speaking of the impact on traffic and on the
general neighborhood.
The subject of completing the Peacock Gap Neighborhood Plan before acting on this development was
then discussed, and staff pointed out that the Gerstle Park Neighborhood Plan is due for final
hearing at the March 5th meeting, and that the Peacock Gap Neighborhood Plan is next in priority.
Community Projects Coordinator Hotchner stated that he has a possible conflict of interest, in the
event he is given the assignment of developing the Peacock Gap plan, since he is a resident of
Peacock Gap. Mr. Hotchner was asked to check with the Assistant City Attorney regarding a
possible conflict of interest.
After further discussion Councilman Mulryan moved and Councilman Nixon seconded, to deny the appeal
with prejudice, to grant staff, the Peacock Gap Homeowners and the developers time to finalize the
Peacock Gap Neighborhood Plan; that if it is determined that Mr. Hotchner has a conflict of interest
and cannot work on the plan, the Council should decide without delay to appoint someone in his
stead.
AYES: COUNCILMEN: Pli skimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
It was agreed that the subject of conflict of interest should come before the Council at the Nlarch
5, 1979 meeting, so a decision can be made.
RE: PUBLIC HEARING - ED78-79 - APPEAL BY DEVELOPER OF PLANNING COMMISSION DECISION, 38 CONDOMINIUM
TOWNHOUSE UNITS; 127 PROFESSIONAL CENTER PARKWAY AT CHANNING WAY; AP 155-U92-16, 17, 13 & 19, AND AP
155-102-182; CE A: NEGATIVE DECLARATION - File 10-6
Appeal withdrawn.
RE: PUBLIC HEARING - ED78-1U4 - APPEAL OF PLANNING COMMISSION DENIAL. 83 -UNIT APARTMENT CUPIPLEX;
280 CHANNING WAY; AP 155-lU1-03 & 04: CEQA: NEGATIVE DECLARATION - File lU-6
Acting Mayor Jensen declared the public hearing opened.
Council reviewed the staff report, which indicated that the applicant is unwilling to extend Profes-
sional Center Parkway as required by the Planning Commission, and that it is not a sensitively
designed development for the site. The Commission also feels that the proposed design and the
number of units are incompatible with the site's steep slope, unstable soils, existing trees, and the
lack of second means of vehicular access.
Council heard from Herbert Hawkins, attorney representing the applicant, stating he believes they
could get permission from Contempo Marin, the mobile home park below, for access for emergency
vehicles, but there is no means of a secondary vehicular access as required by the Planning Commission.
After further discussion Councilman Miskimen moved and Councilman Nixon seconded, to sustain the
Planning Commission and deny the appeal.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1321, AMENDING ORDINANCES 1145 AND 1094 AS CODIFIED IN SECTIONS
1.20.030 H, 1.20.U3U U, 1.2U.U30 V, 1.2U.U90, 14.13.U5U, 14.U8.U5U and 14.U8.20U; REPEALING ORDINANCE
1094 AS CODIFIED IN SECTION 14.12.26U AND ADDING SECTION 14.13.31U OF THE SAN RAFAEL MUNICIPAL CODE
PROPERTY MAINTENANCE ORDINANCE - File 153
CHARTER ORDINANCE NO. 1321 - An Ordinance of the City of San Rafael, Amending Ordinances 1145 and
1094 as Codified in Sections 1.2U.U3U H, 1.2U.U3U U, 1.2U.U3U V, 1.2U.U9U, 14.13.U5U, 14.U8.U5U and
14.U8.2UU; Repealing Ordinance 1U94 as Codified in Section 14.12.260 and Adding Section 14.13.310 of
the San Rafael Municipal Code (Property Maintenance Ordinance) was adopted as an Ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1322, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.02U OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN
MINIMUM BUILDING SITE AREA 7,5UU
- File 1U -
CHARTER ORDINANCE NO. 1322 - 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 7,5UU Square Feet) District (9U9 Patricia Way) was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, skimen, Mul ryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
153
RE: FINAL ADOPTION - ORDINANCE NO. 1323, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 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 - File 1U-3
CHARTER ORDINANCE NO. 1323 - An Ordinance of the City of San Rafael, Amending the Zoning Map of the
City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code so
as to Reclassify Certain Real Property from A-2 (Limited Agricultural) District to R-1 (Single
Family Residential) District (Corner of Ridgewood Drive and Elizabeth Way) was adopted as an Ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDNANCE NO. 1324 - AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE
CONCERNING ENVIRONMENTAL AND DESIGN REVIEW FOR RIDGELINES AND ELEVATED DECKS - File 10-1
CHARTER ORDINANCE NO. 1324 - 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 was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: FINAL ADOPTION - ORDINANCE NO. 1325 - AMENDING ORDINANCE 358 OF THE SAN RAFAEL MUNICIPAL CODE
AS CODIFIED AT CHAPTER 1U.36, CARD ROOMS TO EXEMPT THEREFROM THE PLAYING OF CARDS WHERE NO GAMBLING
IS INVOLVED - File 9-10
CHARTER ORDINANCE NO. 1325 - An Ordinance of the City of San Rafael, Amending Ordinance 358 of the
San Rafael Municipal Code as Codified at Chapter 1U.36, "Card Rooms" to Exempt Therefrom the Playing
of Cards Where no Gambling is Involved was adopted as an Ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON OPEN SPACE ACQUISITION PROGRAM - File 13-14-1
After reviewing a staff report on the Open Space Acquisition Program, which included a review of
open space preservation efforts by the City, the Council agreed to discuss the subject further at a
special workshop meeting on March 13, 1979.
RE: APPOINTMENT OF CITY PHYSICIAN - File 7-4
Council reviewed a staff recommendation that Dr. Donald Zanotti be appointed as City Physician, to
replace Dr. Arnold Nutting who has retired.
Councilman Mulryan moved and Councilman Miskimen seconded, to accept staff recommendation that Dr.
Donald Zanotti be appointed City Physician.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: COMMUNICATION RE NORTH COAST COUNTIES SUPERVISORS ASSOCIATION TRANSPORTATION COMMITTEE FREEWAY
RECOMMENDATIONS - File 11-16
Council reviewed a proposal by the North Coastal Supervisors Committee, recommending that the
Cloverdale Bypass be given priority No. 1 for addition to the State Transportation Improvement
Program (STIP).
After discussion Councilman Mulryan moved and Councilman Nixon seconded, that the City send a letter
to the Marin County Board of Supervisors strongly recommending that first priority be given to the
Highway 101 High -Occupancy Vehicle Lane Proposal in Marin County.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: REPORT ON ANNUAL CRIME STATISTICS - File 9-3-30
Council reviewed a report from Chief of Police Benaderet, showing an increase in reported mayor
crimes in calendar year 1978. Chief Benaderet explained that this is principally due to a change in
classification of reported crimes.
After further discussion the report was accepted, and Chief Benaderet was asked to keep running
statistics wherever possible on high crime areas throughout the City.
154
RE: AB 90 FUNDING - REQUEST FOR APPROVAL FOR SUBMISSION OF APPLICATIONS - File 4-10-117
Council reviewed a request from Chief of Police Benaderet that he be permitted to apply for Ab 9u
funding, which requires no matching money from participating cities, for the following programs:
$23,000 to continue the Juvenile Diversion Program.
$2,396 to reimburse the LEAA Youth Services Program.
$38,654 to continue the Crime Prevention Grant (Neighborhood Watch, etc.)
which is expiring June 3U, 1979.
$26,368 to resume the Park Ranger/Police Aide Program on a limited basis
with two people.
$1,500 to begin a Youth Excursions Program.
Councilman Miskimen moved and Councilman Nixon seconded, to approve the staff recommendation to
apply for AB 9U funding as stated.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
ADD ITEMS:
RE: ADDITIONAL COVERAGE, HEALTH PLAN FOR RETIRED EMPLOYEES - File 7-1-2b
City Manager Bielser informed the Council that he has had requests from four retired employees -
regular retirees, not disability retirees - that their eligible children be added to their health
plans, with the retirees paying the premiums.
Councilman Mulryan moved and Councilman Miskimen seconded, that the requests from the retired
employees be approved.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILIMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: RESOLUTION REQUESTING MARIN COUNTY URBAN THOROUGHFARE PRIORITY SELECTION COMMITTEE TO REVIEW
AND RECOMMEND APPROVAL OF CITY'S APPLICATION FOR FUNDING - File 4-13-8
RESOLUTION NO. 5622 - RESOLUTION REQUESTING THE MARIN COUNTY URBAN THOROUGHFARE PRIORITY SELECTION
COMMITTEE TO REVIEW AND RECOMMEND APPROVAL TO THE CITY OF SAN RAFAEL'S APPLICA-
TION FOR FUNDING (Cold Planing & Resurfacing Project, Second & Third Streets -
City's estimated cost, $42,000; Requested UT funds, $21,UUu)
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: EMERGENCY SEWER LINE REPAIR - File 9-3-40
Public Works Director Caillouette requested approval to proceed with emergency sewer line repair at
the Miracle Mile and West Crescent Drive, for an estimated cost of $5,000.
Councilman Mulryan moved and Councilman Nixon seconded, to approve the emergency repair.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
AH.InIIRNIYIFNT
The City Council adjourned to their next regular meeting March 5, 1979.
JEAiN M. LEONCINI, City Clel.,k
APPROVED THIS S ItZ
DAY OF 1979
155
In the Council Chambers of the City of San Rafael, Monday, March 5, 1979, at 8:00 PM.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk,
Harry A. Connick, City Attorney
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the
following consent calendar items:
Item
Approval of Minutes of February 20, 1979 Meeting
Claim for Damages - Robert Moulton - File 3-1-391
Resolution Accepting $2,500 Gift from Friends of
San Rafael Public Library for Purchase of Special
Books - File 105 x 9-3-61
Resolution re Cultural Affairs Program Contract
(Rosalind Hamilton, Lectures on Cooking) -
Pilo Q -9-9a
Agreement for Weisensee-Middagh Subdivision
Improvements - File 5-1-249
Vacation of Pedestrian Walkway Off Knight Drive -
File 2-12
Resolution to Support Continuation of Abandoned
Vehicle Program - File 13-9
Resolution Accepting Development Rights from
New York - Cal. Industrial Corp. (Peacock Gap
Hill) - File 13-14-1
Communication from Marin County Board of
Supervisors re Countywide Transportation
Element - File 11-16
Request by Rev. Sequeria to Use San Rafael Hill
for Easter Sunrise Service - File 4-10-119
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5623 - ACCEPTING A GIFT OF
$2,500.00 FROM THE FRIENDS OF THE SAN
RAFAEL PUBLIC LIBRARY FOR THE PURCHASE
OF BOOKS
RESOLUTION NO. 5624 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Rosalind Hamilton, Lectures on Cooking)
Continued to meeting of March 19, 1979.
RESOLUTION NO. 5625 - RESOLUTION OF INTEN-
TION TO ORDER VACATION OF PUBLIC WALKWAY
(8 Ft. Wide Walkway Westerly of Knight Dr.,
opposite Fernwood Way) Set Public Hearing
For April 2, 1979.
RESOLUTION NO. 5626 - IN SUPPORT OF THE
ABANDONED AUTOMOBILE PROGRAM
RESOLUTION NO. 5627 - ACCEPTING DEVELOP-
MENT RIGHTS FROM THE NEW YORK - CAL. IN-
DUSTRIAL CORP. (PEACOCK GAP HILL)
Referred to Planning Commission.
RESOLUTION NO. 5628 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Rev. Sequeria, Trinity Community Church
for Easter Sunrise Service on San Rafael
Hill)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - GERSTLE PARK NEIGHBORHOOD PLAN - File 163
Mayor Bettini declared the public hearing opened.
Community Projects Coordinator Hotchner informed the Council that the "G" Zoning (nonconformance
adjustments) previously discussed is now being called "N" Zoning because it was discovered that
there already was a "G" Zoning.
Council then heard from Orlando Conti, who presented a revised Map 3a of the area, with zoning as he
thought it should be. He again stated that he felt the area was too large, and should be divided
into two, with "D" Street as the dividing line. Cecelia Bridges, President of the Gerstle Park
Neighborhood Association, recommended that staff's plan be adopted at this meeting, stating that
while the Association is not entirely pleased with the present proposal it is a good compromise.
Realtor Herman Deitch stated he felt the present proposal is a very good compromise and should be
adopted. The Council then heard from other residents asking for reconsideration of small areas near
their individual homes. Hugo Landecker spoke in favor of the proposed plan.
There being no further public input, the public hearing was declared closed.
156
Councilman Mulryan moved and Councilman Miskimen seconded, to approve the Gerstle Park Neighborhood
Plan as presented.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Nixon moved and Councilman Miskimen seconded, to certify the Negative Declaration.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5629 - AMENDING THE SAN RAFAEL GENERAL PLAN BY ADDING THERETO THE GERSTLE PARK
NEIGHBORHOOD PLAN
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
An Ordinance of the City of San Rafael, Amending Title 14, Zoning, of the San Rafael Municipal Code
by Adding a New Chapter 14.69 Thereto Entitled: N Combined District (Nonconformance Adjustments),
and numbering Charter Ordinance No. 1326, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
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 14.15.020 of the San Rafael Municipal Code, so as to Reclassify
Certain Real Properties in the Gerstle Park Neighborhood, and numbering Charter Ordinance No. 1327,
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
With reference to Section 5, page 11 of the Gerstle Park Neighborhood Plan, regarding Capital
Improvements, with recommendations on traffic, staff was directed to report back to the Council in
terms of implementation on that portion of the plan.
RE: PUBLIC HEARING - UP78-122 - APPEAL OF PLANNING COMMISSION DENIAL. CONVERSION OF RESIDENCE TO
TRIPLEX, 524 "D" STREET; DIANNE B. AMSEL, OWNER; R-3 DISTRICT; AP 12-153-14; CEQA: Negative Declar-
ation - File 10-5
Mayor Bettini declared the public hearing opened.
Appellant was not present.
Councilman Miskimen moved and Councilman Nixon seconded, to refer the matter back to the Planning
Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PEACOCK GAP NEIGHBORHOOD PLAN - File 166
Council considered a staff report, stating that the City Attorney had ruled that Community Projects
Coordinator Hotchner, as a resident of Peacock Gap and because of his position with the City,
possesses a strong conflict of interest, and should not be involved in the development of the
Peacock Gap Neighborhood Plan. Staff therefore suggested that the City enter into a contract
arrangement with a consultant, estimating that the cost of such contract would run between $18,000
and $25,000.
Councilman Miskimen moved and Councilman Mulryan seconded, that the Planning Director secure
proposals from consultants for consideration.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON BID OPENING - PICKLEWEED PARK EXPANSION - PHASE I - (SECOND BIDDING) -
File 4-1-278
RESOLUTION NO. 5630 - RESOLUTION OF AWARD OF CONTRACT (To Maggiora & Ghilotti, Inc., Bid
Amount $320,500.00)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
157
RE: COMMUNICATION FROM BUDGET RENT -A -CAR - File 10-3/4/5 (Gemco
Council considered the matter of the applications from Budget Rent -a -Car and Lucky Stores to lease
parking spaces under the freeway at Highway 101 and Gary Place.
Council heard from Dick Thompson of Lucky Stores/Gemco, and from Pete Spiliotis of Budget Rent -a -Car,
regarding their applications.
After discussion Councilman Miskimen moved and Councilman Nixon seconded, to process the Budget
Rent -a -Car application and the Lucky/Gemco application simultaneously, after receipt of the Focus
EIR in connection with the Gemco proposed development.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: V78-47 - REQUEST FOR WAIVER OF LATE APPEAL. APPEAL OF PLANNING COMMISSION DENIAL. REDUCTION IN
REQUIRED OFF-STREET PARKING SPACES AND LOCATION OF SPACES IN FRONT SETBACK; 211 UNION STREET; PHILIP
M. SHERIDAN, OWNER; BRIAN GADDY, REP.; AP 14-053-14; CEQA: Cat. Ex. 15103 DW - File 10-4
Councilman Nixon moved and Councilman Miskimen seconded, that the request for waiver of late
appeal be denied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SR79-9 - REQUEST FOR WAIVER OF LATE APPEAL. APPEAL OF PLANNING COMMISSION DENIAL. SIGN
ADJUSTMENT - ADDITIONAL SIGN FOR CALIFORNIA FEDERAL SAVINGS & LOAN; 666 THIRD STREET; CALIFORNIA
FEDERAL, OWNER; ANDREW JAMES RING III, REP.; AP 14-121-01, 07, 08 & 11; CEQA: Cat. Ex. 15105 AB -
Fila In -11
Councilman Jensen moved and Councilman Miskimen seconded, to waive the late appeal due to
mitigating circumstances.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mayor Bettini declared the public hearing opened.
Planning Director Meador briefed the Council on the matter, stating that California Federal is
requesting an additional sign facing the corner of Third Street and Tamalpais Avenue. Staff
is of the opinion that the sign would be of little value because Third Street is one way going
west and motorists would not see the sign; also, there is very little pedestrian traffic in that
area. In addition, the bank already has more sign area than is permitted under the current ordinance.
Council then heard from James R. Butler, Vice President of California Federal, asking that the
sign be permitted for additional identification of the building.
Clifford Lund, Planning Commission Chairman, stated that the sign ordinance should be supported,
and that this appellant has been given much consideration in the initial request for signing.
Mayor Bettini declared the public hearing closed.
Councilman Mulryan moved and Councilman Miskimen seconded, to deny the appeal and sustain the
Planning Commission.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: REPORT ON LEGISLATION RE DISTRIBUTION OF SALES TAX - File 8-10
Council accepted a report from Finance Director Coleman, in which he informed them that the League
of California Cities Redwood Empire Division is proposing reallocation of one cent of the existing
sales tax to local government. Under this formula San Rafael would be entitled to $1,102,000;
however, each city is limited to no more than 50% of its Proposition 13 tax loss which would limit
San Rafael to approximately $850,000.
The report was accompanied by a letter from Wm. J. Carroll, President of the Redwood Empire Division
of the League, and staff was requested to reply to his letter informing him that we appreciate his
interest and will watch the legislation as it moves through Sacramento.
Council agreed this item will be carried forward to budget sessions.
RE: COMMUNICATION FROM AMERICAN NATIONAL RED CROSS - File 11-1
Council considered a request from the Red Cross for unrestricted parking at meters and time -zoned
areas in the vicinity of the Red Cross headquarters, 712 Fifth Avenue, during their "Feeling Fine
Health Fair" on April 4, 1979. The Red Cross also asked Council support of the project.
Councilman Nixon moved and Councilman Miskimen seconded, to endorse the "Feeling Fine Health
Fairs" conducted by the Red Cross.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
158
Council discussed the request for unrestricted parking, and agreed it would be setting a
precedent. They agreed, however, that the City would send a letter to the Union Hall asking
them to cooperate with the Red Cross and allow parking on their lot adjacent to Red Cross
headquarters on April 4th.
RE: COMMUNICATION FROM NATIONAL FOUNDATION OF MARCH OF DIMES RE SUPERWALK - File 174
Council considered a letter from the National Foundation of March of Dimes requesting permission to
conduct a Superwalk on Sunday, April 1, 1979, commencing at San Rafael High School and following San
Pedro Road around to McPhail School in Santa Venitia. A memo from Police Chief Benaderet stated
that there appears to be minimum impact to existing police staffing, and he recommended approval of
the route, and the landing site for the helicopter at San Pedro School in connection with the
appearance of Robin Williams.
Councilman Nixon moved and Councilman Jensen seconded, to approve staff recommendation that permis-
sion be granted for the march.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RETIREMENT AGE POLICY RESOLUTION - File 7-4
Council considered a staff report recommending that the Council adopt a resolution similiar to the
County of Marin's policy on continuing employment beyond age 65. The report pointed out that
because of changes in the California Government Code miscellaneous employees can no longer be
retired mandatorily and that because of this, local procedures implementing the law are needed.
RESOLUTION NO. 5631 - ESTABLISHING A PROCEDURE FOR PROCESSING AND RESOLVING REQUESTS TO
CONTINUE IN EMPLOYMENT BEYOND MANDATORY RETIREMENT AGE
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: LETTER FROM SAN RAFAEL FIREMAN'S ASSOCIATION RE EDUCATIONAL INCENTIVE ISSUE - File 7-8-2
Council considered a request from President Bob Wendt of the San Rafael Fireman's Association,
for educational incentive in the form of a 2 1/2% salary raise for personnel successfully completing
an EMT -1 (emergency medical technician) course, and that those remaining certified by taking a
refresher course every two years will qualify for an additional 2 1/2% raise.
Mr. Nixon moved and Mr. Jensen seconded, to approve the proposal, and that the program be effective
March 1, 1979.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS
LEGISLATIVE COMMITTEE - File 113
Item carried forward for the reorganization of the City Council.
RE: COMMUNICATION FROM AMERICAN CITIZENS FOR HONESTY IN GOVERNMENT - File 9-1
Council considered a proposal by American Citizens for Honesty in Government, suggesting that the
City of San Rafael endorse their suggested code of ethics.
Councilman Nixon moved and Councilman Jensen seconded, to adopt the Code of Ethics for Government
Services.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: JOINT POWERS AGREEMENT WITH COUNTY OF MARIN RE ANIMAL CONTROL - File 13-3
Council considered a Joint Powers Agreement prepared by staff, for which conceptual approval was
requested. The draft agreement covers assignment of program control and funding responsibility to
the County and provides performance standards to insure an agreed-upon level of animal control
services. Staff also asked for authorization to advise the County of the City's willingness to
continue to develop program details.
Councilman Nixon moved and Councilman Miskimen seconded, to approve staff recommendations as outlined.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
159
RE: PROPOSED AMENDMENT TO MUNICIPAL CODE - File 9-3-32
An Ordinance of the City of San Rafael Amending Section 050 of Chapter 12.36 "Report of Residential
Building Record" of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1328, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF SETTING SPECIAL MEETING DATE, RE: - File 9-1
a. West Francisco Boulevard Beautification.
b. Open Space Acquisition Review.
A special workshop meeting for discussion of the above subjects was tentatively set for Tuesday,
March 13, 1979, at 8:00 PM.
ADD ITEMS:
RE: CHAMBER OF COMMERCE REQUEST FOR FLEA MARKET - File 119
City Manager Bielser informed the Council that the San Rafael Chamber of Commerce is requesting
permission to use the City Parking Lot on Third Street between "A" and "B" streets for a Flea Market
to be held on Sunday, April 29, 1979, as a fund raiser. They promised to take care of cleanup after
the event.
Councilman Jensen moved and Councilman Nixon seconded, to approve the Chamber's request.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: VACANCY ON BOARD OF REVIEW - File 9-2-12
City Manager Bielser reported that there is now a vacancy on the Board of Review and that it must be
filled without delay because there is a matter to come before it. Council agreed to call for
applications and to appoint Mayor Bettini to serve in the interim, since they will not be meeting
until after the election when Mayor Bettini will then be out of office.
RE: DEBRA HOMES REQUEST FOR PERMISSION TO PROCEED WITH PLANNING PROCESS - File 10-2
Charles Linthicum of Debra Homes requested that his firm be allowed to proceed with the Planning
process for permits and other approval without waiting for the results of the Terra Linda Valley
Traffic Study. He also informed the Council that his firm is part of the Smith Ranch Assessment
District which involves $100,000.
Public Works Director Caillouette stated he has a report from Debra Homes which is the type required
of all developers in the Smith Ranch Master Plan. The report is very complete, but has not yet been
reviewed by Wilbur Smith & Associates. The report indicates that when the Lucas Valley interchange
is completed it will take the traffic from Fireman's Fund and Debra Homes.
After further discussion Councilman Nixon moved and Councilman Jensen seconded, to allow Debra Homes
to go through the Planning process without waiting for the results of the Terra Linda Valley Traffic
Study.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: None
EXECUTIVE SESSION - File 3-1-375
The Council adjourned to Executive Session, and then met in public session, to consider proposed
settlement of a claim against the City by Kathleen McElroy. Council unanimously approved the
proposed settlement of $9,000.
City Council then adjourned to their special meeting of March 13, 1979 at 8:00 PM.
J N M. LEONCINI, City Clerk
APPROVED THIS DAY OF1979
MAYOR OF THE CITY OF SAN RAFAEL
160
In the Council Chambers of the City of San Rafael, Tuesday, March 13, 1979, at 8:00 PM
Adjourned Regular Meeting Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
Others Present: William J. Bielser, City Manager; Jeanne M. Leoncini,
City Clerk; Edmund A. Duggan, City Attorney Elect.
RE: GENERAL MUNICIPAL ELECTION MARCH 6, 1979 - File 9-4
RESOLUTION NO. 5632 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DISCLOSING CANVASS OF
RETURNS AND RESULTS OF GENERAL MUNICIPAL ELECTION HELD MARCH 6, 1979
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
(Due to the passage of Measure D in the March 6, 1979 Election, all of the terms of those elected
will run to November of 1983.)
RE: SWEARING IN OF NEWLY ELECTED OFFICIALS - File 9-4-1 x 9-1 x 9-3-14 x 9-3-16 x 9-2-1
City Clerk Jeanne M. Leoncini was given the oath for her newly -elected office by Mayor C. Paul
Bettini.
The City Clerk then administered the oath to newly -elected Mayor Lawrence E. Mulryan, Councilman
Fred E. Jensen, re-elected to the City Council, and to the newly -elected City Attorney Edmund A.
Duggan.
Mayor Mulryan then read a telegram, received by City Clerk at 4:20 PM March 13, 1979, from re-elected
Councilman John A. Miskimen, who was unable to be present for the swearing in ceremony as he was in
Alaska on business. The telegram stated that Councilman John A. Miskimen had been sworn in this
13th day of March 1979 at 1:30 PM by Gerald 0. Williams, Judge, Juneau, Alaska (Magistrate, U.S.
District Court for Alaska and Judge, Alaska District Court, 1st Judicial District - Alaska).
(Note: City Clerk had previously administered the oath of office to Gladys C. Gilliland, J. Bruce
Scott and Jane S. Teitelbaum, newly elected to the San Rafael Board of Education, at 7:30 PM this
day at the Board of Education's regular monthly meeting, held at the School District offices.)
The City Council adjourned at 8:15 PM.
VNE M. LEONCINI, CIty Clerk
APPROVED THIS �ELDAY OF 6EA;�-.L , 1979
MAYOR OF THE CIT OF SAN RAFAEL
161
In the Council Chambers of the City of San Rafael, Tuesday, March 13, 1979, at 8:15 PM
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
RE: PROCEDURE FOR FILLING OF VACANCIES ON CITY COUNCIL AND PLANNING
COMMISSION - File 9-1 x 9-2-6
Council considered report of Assistant City Attorney Bullard and procedures suggested by newly -
elected Mayor Mulryan.
After discussion Councilman Jensen moved and Councilman Nixon seconded, to adopt a formal process
calling for applications for Council to be received until 5:00 PM, March 23, 1979, with a special
meeting to be held on March 26, 1979 at 7:30 PM to interview applicants.
AYES: COUNCILMEN: Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
Council agreed to the normal thirty -day period to receive applications to fill the vacancy on the
Planning Commission due to the election of Edmund A. Duggan as City Attorney.
RE: APPOINTMENT TO FILL VACANCY ON BOARD OF REVIEW - File 9-2-12
Mayor Mulryan stated that an opinion had been received by the Council from former City Attorney
Connick that the Council's appointment of C. Paul Bettini at the previous Council meeting was not
proper at the time, as he was still Mayor.
Mayor Mulryan further stated that now that he has stepped down, Mr. Bettini would like to serve on
the Board of Review which meets on March 20, 1979.
Councilman Nixon moved and Councilman Jensen seconded, to appoint C. Paul Bettini to serve on the
Board of Review.
AYES: COUNCILMEN: Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: METROPOLITAN TRANSPORTATION COMMISSION MEETING TO DISCUSS HIGHWAY 101
PROBLEMS - File 170
Council agreed that Councilman Nixon and Public Works Director Caillouette would attend meeting of
MTC to be held in Oakland on March 16, 1979, starting at 10:00 AM, relative to the Highway 101
problems.
There being no further business, Mayor Mulryan adjourned the Council meeting to a reception for the
newly -elected officials at Falkirk.
&ANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF I 1979
MAYOR OF THE CITY OF SAN RAFAEL
162
In the Council Chambers of the City of San Rafael, Monday, March 19, 1979 at 8:00 PM
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Also Present: Wm. J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney Elect.
RE: RESOLUTIONS OF COMMENDATION CONCERNING CANAL RESCUE - File 102
Council reviewed a request from the Canal Community Council that commendations be given to the two
young men who rescued Darryl Venable from the San Rafael Canal on March 7, 1979, namely Robert Dunn
and Kurt Huget.
RESOLUTION NO. 5633 - RESOLUTION OF APPRECIATION TO ROBERT DUNN (For heroism and selfless endeavor
in rescuing Darryl Venable from the San Rafael Canal and in saving his life)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 5634 - RESOLUTION OF APPRECIATION TO KURT HUGET (For heroism and selfless endeavor in
rescuing Darryl Venable and Matthew Slobody from the San Rafael Canal and in
saving Darryl Venable's life)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Miskimen seconded, to approve the recommended action on the
following consent calendar items:
Item
Claim for Damages - Patrick H. and Nancy McLin
File 3-1-379
Claim for Injuries - Kenton Martinez
File 3-1-396
Resolution re Cultural Affairs Program Contract
(Dennis Kalfas, Piano Concert - File 9-2-24
Resolutions re Recreation Department Program
Contracts (Jack Hyde, Soccer Camp and Paul Murray,
Tennis Instruction Program) - File 4-10-111
Progress Report by Chief of Police on Towing Services
File 9-3-30 x 11-8
Communication from Home & Land re Surplus Property
File 10-2
Resolution Requesting Approval for Submission of
Application re Institute of Museum Services Grant
for Falkirk - File 9-2-24
Resolution Approving Memorandum of Understanding
re Club Italia Use of the San Rafael Community
Center - File 4-10-120
Agreement for Weissensee-Middagh Subdivision
Improvements - File 5-1-249
Recommended Action
Approved R.L. Kautz Co. recommendation
for denial.
Approved R.L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5635 - AUTHORIZING
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Dennis Kalfas for Piano Concert at
Falkirk)
RESOLUTION NO. 5636 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Jack Hyde, Soccer Camp)
RESOLUTION NO. 5637 - AUTHORIZING
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Paul Murray, Tennis Instruction Program)
Accepted report. Recommendation to be made
at April 2, 1979 meeting.
Referred to Planning Commission for
recommendation.
RESOLUTION NO. 5638 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Institute of Museum Services)
RESOLUTION NO. 5639 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Club Italia of Marin, re Use of SR
Community Center and Kitchen Facilities
Renovation)
RESOLUTION NO. 5640 - AUTHORIZING THE
SIGNING OF AN AGREEMENT FOR COMPLETION OF
IMPROVEMENT WORK IN THE WEISSENSEE-MIDDAGH
LAND DIVISION
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
163
RE: PUBLIC HEARING - s78-29 - APPEAL BY ADJACENT RESIDENTS. FOUR -LOT SUBDIVISION; ELIZABETH WAY;
ROBERT P. PRAETZEL & CHARLES GRANDI, OWNERS; MATTHEW C. GUTHRIE, REP.; R-1 DISTRICT; AP 10-083-02 &
10-133-15; CEQA: NEGATIVE DECLARATION - File 10-8
Mayor Mulryan declared the public hearing opened.
Public Works Director Caillouette briefed the Council regarding the soils report which was reviewed
by the City's Geotechnical Review Board. The specific mitigation measures proposed in the soils
report were endorsed by the Geotechnical Review Board and subsequently required by the Planning
Commission. Mitigation measures consist of repair of existing slides on two lots and construction
of catchment walls on the other two lots. A previously repaired slide on the upper portion of the
property was investigated and found to be performing adequately. The City Traffic Engineer reviewed
the potential for traffic hazards and concluded that there are no significant problems posed by the
subdivision.
The Council then heard from Soils Engineer Don Herzog, stating how he would recommend the soil be
cut to level benches in solid rock, and then place the drains.
The Council then heard from neighboring residents, who expressed concern regarding the history of
slides in the subject area; the traffic problems which would result from additional traffic on an
already narrow road; the subject of liability of the City or the developer should their properties
be damaged as a result of homes being built on unstable ground; the danger to lower properties in
the event any swimming pools were built; and other similar concerns.
Matthew Guthrie, representative of the owners, stated that they objected to Condition (h) placed by
the Planning Commission, which states that the applicant shall record a covenant running with the
land which states the nature of the repairs made in order to inform any future owners. Public Works
Director Caillouette stated that staff feels that is a very important factor in the high hazard
lands policy.
After further discussion Councilman Miskimen moved and Councilman Jensen seconded, that the Planning
Commission be reversed and the appeal affirmed. Then, on advice of Assistant City Attorney Bullard,
Mr. Miskimen added the following findings to his motion, also seconded by Mr. Jensen: Based on
the provisions of the Map Act, which would prevent approval of a subdivision if it is found
that it is not consistent with the General Plan in that the graphics indicate that there appear to
be portions of the subdivision contained within areas of unstable soils; that portions of the
project area are indicated as having major environmental constraints in the land capability of major
undeveloped areas; and that the site is not physically suitable for the proposed density; and that
the design of the subdivision or public improvements are likely to cause substantial environmental
damage.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
(Councilman Jensen left meeting due to potential Conflict of Interest)
RE: PUBLIC HEARING - GPA79-1 -GENERAL PLAN AMENDMENT OF LAND USE MAP AMENDMENT FROM
AND OPEN SPACE REVIEW AREA: UNDEVELOPED LAND' TO MULTI -USE ACTIVITY CENTER
"RESIDENTIAL
Z78-24 - REZONING FROM P -C TO P -C (PLANNED COMMUNITY) DISTRICT TO PERMIT AMENDMENT OF MASTER PLAN.
ONE LUCAS VALLEY ROAD, COUNTY AP 165-010-80, INITIATED BY VLADIMIR TURSKI, REP.; SYSTEMS APPLICA-
TIONS, INC. CEQA: NEGATIVE DECLARATION - File 10-2
Mayor Mulryan declared the public hearing opened.
Planning Director Meador informed the Council that the Planning Commission unanimously endorsed the
rezoning for One Lucas Valley Road, and that the parcel involved is a ten -acre parcel which will be
divided into two five -acre parcels. On the lower parcel the City would be granting the construction
of an office complex not to exceed 30,000 square feet, with the upper parcel zoned for residential
use. The Planning Commission stated that the number of units in the upper parcel could not exceed
six. Mr. Meador noted that the final design of the building, and the lot configuration for the
residential units, are not included in this rezoning.
Mayor Mulryan inquired about access to the upper area and Mr. Meador replied it would not be through
the existing residential area.
Two residents spoke, asking that the ridgeline ordinance be invoked when the design is being approved
for the residential area.
Mayor Mulryan declared the public hearing closed.
Councilman Miskimen moved and Councilman Nixon seconded, to certify the Negative Declaration.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
164
Councilman Miskimen moved and Councilman Jensen seconded, to add to Exhibit "A" to the Ordinance
amending the zoning map, the condition that all residential units approved by subsequent actions of
the City of San Rafael shall be subject to Environmental and Design Review; and that the placement
of these residences shall be so located as to preserve the ridgeline and shall be located so as to
not infringe on existing adjacent residences. (Condition f)
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 so as to Reclassify
Certain Real Property From P -C (Planned Community) District to P -C (Planned Community) District in
Order to Amend the Master Plan, and numbering Charter Ordinance No. 1329, was read, introduced,
and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
(Councilman Jensen returned)
RE: PUBLIC HEARING - V79-2 - APPEAL OF PLANNING COMMISSION ACTIONS RE: 801, 807 & 817 FOURTH
STREET; AP 11-273-05, 06 & 07; NESS, INC., c/o DR. GIDEON SOROKIN, OWNER - File 3-3-29x 9-2-7
Mayor Mulryan declared the public hearing opened.
a. Determination of Off-street Parking Requirements.
Council considered a staff report from Planning Director Meador, involving the actual number of
rooms in 801 and 807 Fourth Street, and the fact that four of the sleeping rooms do not appear to
meet Building Code Requirements for ventilation. Dr. Sorokin is requesting that 50 spaces be
"grandfathered in", while the Planning Commission is recommending 47 spaces. Additionally,
Dr. Sorokin is requesting that he be allowed to pool the parking spaces to maintain the economic
viability of the project. However, the Planning Commission concluded that such an arrangement
would not be manageable in that if the properties were ever sold separately to individual buyers one
owner might receive special consideration while others may not.
Council heard from Dr. Sorokin, asking for the 50 spaces, and from Planning Commission Chairman
Clifford Lund, who stated that at the Planning Commission meeting on February 27, 1979 Dr. Sorokin
had agreed to the 47 spaces.
b. Request to Close the One Hour Fire Rated Door Between 807 and 801 Fourth Street on Second
Floor
Dr. Sorokin informed the Council that he wanted the door opened because it would effectively connect
the shops in the two buildings and enhance the "mall" effect. He further stated the door would
close automatically in case of fire.
Council then heard from Fire Chief Marcucci, recommending against opening the door. He stated that
existing plans for the renovation provide for adequate exiting and there is no need for additional
exiting. The closing of the door would provide the much-needed fire protection integrity.
Mayor Mulryan declared the public hearing closed.
After discussion Councilman Nixon moved and Councilman Miskimen seconded, to sustain the Planning
Commission's recommendation to the City Council to establish a parking space credit of 47 spaces for
the applicant's properties, the credit to be allocated by Assessor's Parcel Numbers according to the
table furnished by the Planning Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Nixon moved and Councilman Jensen seconded, that the appellant's request regarding the
fire door be denied and Fire Chief Marcucci's recommendation be upheld.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Planning Director Meador requested that the Council reaffirm the Planning Commission denial of a
parking variance. This will make it clear that if new uses of the buildings require parking in
excess of the grandfather allotment, the owner shall supply off-site parking or pay in -lieu fees in
accordance with Sec. 13.070 of the Zoning Ordinance.
Councilman Nixon then moved and Councilman Jensen seconded, to reaffirm the Planning Commission
denial of a parking variance.
AYES: COUNCILMAN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMAN: None
ABSENT: COUNCILMAN: None
N
ED
Mrs
FINAL ADOPTION - ORDINANCE NO. 1326, AMENDING TITLE 14, ZONING
BY ADDING A NEW CHAPTER 14.69 THERETO ENTITLED: N COMBINED DIS
o l 1 '1
165
THE SAN RAFAEL MUNICIPAL
(NONCONFORMANCE ADJUSTMENTS
CHARTER ORDINANCE NO. 1326 - An Ordinance of the City of San Rafael Amending Title 14, Zoning, of
the San Rafael Municipal Code by Adding a New Chapter 14.69 Thereto Entitled: N Combined District
(Nonconformance Adjustments), was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1327, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE, SO AS TO RE-
CLASSIFY CERTAIN REAL PROPERTIES IN THE GERSTLE PARK NEIGHBORHOOD - File 163
CHARTER ORDINANCE NO. 1327 - An Ordinance Amending the Zoning Map of the City of San Rafael, Califo-
rnia, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code, so as to Reclassify
Certain Real Properties in the Gerstle Park Neighborhood, was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1328, AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION
050 OF CHAPTER 12.36 "REPORT OF RESIDENTIAL BUILDING RECORD" OF THE SAN RAFAEL MUNICIPAL CODE -
Pilo Q_'�_q7
CHARTER ORDINANCE NO. 1328 - An Ordinance Amending Section 050 of Chapter 12.36 "Report of Residen-
tial Building Record" of the San Rafael Municipal Code, was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SETTING DATE FOR STUDY SESSIONS ON OPEN SPACE AND WEST FRANCISCO BOULEVARD -
File 9-1 x 13-14-1 x 175
Council agreed to set the date of Wednesday, April 4, 1979, at 8:00 PM for a workshop to discuss the
Open Space Acquisition Program and West Francisco Boulevard development and beautification.
RE: COMMUNICATION FROM MARIN COUNTY MAYORS & COUNCILMEN'S LEGISLATIVE COMMITTEE - File 113
Council reviewed a memo from Marin County Council of Mayors and Councilmen Legislative Committee,
briefing pending legislation and requesting that cities appoint a person as a local contact for the
Committee. Council agreed to take up this matter under the agenda item, "Discussion of Council
Reorganization".
RE: RESOLUTION STATING THE CONCLUSION AND FINDINGS REGARDING APPLICATION Z77-7 (PEACOCK GAP REZONING)
- File 10-3
RESOLUTION NO. 5642 - STATING THE CONCLUSION AND FINDINGS REGARDING APPLICATION Z77-7 (PEACOCK GAP
REZONING)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF COUNCIL REORGANIZATION - File 9-1
Councilman Jensen moved and Councilman Miskimen seconded, that Councilman Nixon be named Redevelopment
Agency Chairman.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen moved and Mayor Mulryan seconded, that Councilman Jensen be named Vice -Mayor.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Jensen moved and Councilman Nixon seconded, that Councilman Miskimen be appointed to the
San Rafael Sanitation District Board.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen moved and Mayor Mulryan secoriaed, that Mayor Mulryan and Councilman Nixon be
appointed to the Development Review Committee, with Councilman Miskimen serving as alternate.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: Non,_
ABSENT: COUNCILMEN: None
The Council agreed to appoint Councilman Miskimen to the Marin County Mayors & Councilmen's Legisla-
tive Committee to act as liaison between the Marin County Mayors and Councilmen and the City Council.
It was agreed that the remainder of the appointments to boards and committees would be deferred
until the fifth Council member has been selected.
RE: EXPIRATION OF TERMS ON BOARDS AND COMMISSIONS - File 9-7-5 x 9_2_a x 9_?_i, Y Q_9_1
Councilman Miskimen moved and Councilman Jensen seconded, to reappoint L. Henry Hewelcke to the Fire
Commission, for a four-year term expiring March of 1983.
AYES: COUNCILMEN: Jensen, Miskimen,Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Council discussed a vacancy on the Parks & Recreation Commission due to resignation of Jane Teitel-
baum who was elected to the School Board on March 6, 1979, and a vacancy on the Planning Commission
due to resignation of Edmund A. Duggan who was elected City Attorney at the March election. City
Manager Bielser was asked to advertise the two vacancies. (Mrs. Teitelbaum's term expires in
October 1980, and Mr. Duggan's in July 1982.)
It was noted that Helga Epstein's term on the Cultural Affairs Commission is due to expire in April
1979; and that terms of three members of the Library Board of Trustees - Alice Dalbey, Elizabeth
Grasham, and James Mayer - are due to expire in April 1979. City Manager Bielser was asked to
contact these individuals and determine their desires with regard to continuing to serve.
RE: REQUEST FROM FIREMAN'S FUND AMERICAN EXPRESS FOR EXEMPTION FROM MORATORIUM - File 4-10-120
Council considered a request from Fireman's Fund American Express for an exemption from the morator-
ium so they may proceed with their plans for expansion without waiting for the results of the Terra
Linda Valley Traffic Study. They stated they will be glad to work with the City toward an agreement
which would provide fair and equitable contributions by all concerned.
Mayor Mulryan noted that the statement by Fireman's Fund does not state in fact that Fireman's Fund
will pay whatever is determined. Attorney Albert Bianchi, representing Fireman's Fund, stated that
is their intent. He stated that the language in the letter was necessarily somewhat equivocal
because until the assessments are spread and determined they cannot agree specifically to a given
figure. Mr. Bianchi stated he has spoken to both Mr. Meador and Mr. Caillouette about the method-
ology to be used, and that it is akin to what is employed for assessment districts. There is no
objection on the part of Fireman's Fund to participating on that basis.
Councilman Jensen moved and Councilman Miskimen seconded, that staff draw up an agreement between
the City and Fireman's Fund, stating essentially that they will pay the equitable distribution of
the cost as determined by the traffic study.
AYES: COUNCILMEN: Jensen, Miskimen and Nixon
NOES: COUNCILMEN: Mayor Mulryan
ABSENT: COUNCILMEN: None
RE: MARIN COUNTY SURFACE RUN-OFF PLAN - File 111
Council considered a staff report from Public Works Director Caillouette stating the City has
received a request from ABAG that a Resolution of Intent to Implement the ABAG Environmental Manage-
ment Plan be approved by the Council. Mr. Caillouette stated that he has made comments and/or
recommendations for approval by the Council, and that upon Council approval he will prepare a
resolution accordingly.
After discussion Councilman Jensen moved and Councilman Nixon seconded to approve the Plan as
amended by staff, and for staff to bring back the resolution for approval at the April 2, 1979
meeting.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: UP79-5 - REQUEST FOR WAIVER OF LATE APPEAL. APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL
CAUSING CONSOLIDATION OF TWO PROPERTIES INTO ONE. OFFICE BUILDING; OFFICE USE OF PROPOSED BUILDING
1748 & 1752 LINCOLN AVENUE; AP 11-065-03 & 04; ANTHONY MORENO, OWNER; COSTAMAGNA, CECCOTTI & SILVEIRA,
REPS.; CEQA: CATEGORY EXEMPT. 15103 c DW - File 10-5
Council considered the request for waiver of late appeal, and also a staff report which contained
the suggestion that the property owner file a covenant running with the land which states that
parking and access will continue even if the properties are sold at some future date. This would
167
necessitate the Council approving a technical amendment to the Planning Commission action. The
staff report indicated that this action has the approval of the property owner.
Councilman Miskimen moved and Councilman Jensen seconded, that the late appeal be granted and the
Planning Commission action be amended as recommended by staff.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned to Executive Session to discuss property acquisition and instructions to
Labor Negotiator.
M. LEON CINI, City Clerk
APPROVED THIS DAY OF 1979
T
MAYOR OF �THEF SANRA EL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, March 26, 1979, at 7:30 PM
Special Meeting:
Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
RE: INTERVIEWS OF APPLICANTS FOR CITY COUNCIL VACANCY - File 9-1
Council interviewed each of the following applicants for City Council vacancy for 15 minutes:
Clifford Elbing, Dorothy Breiner, Donn Nissen, Rick Myers, Scott Deming, John Galbraith, Anise
Turina and Marilyn Weller.
City Clerk Jeanne Leoncini informed Council that the Police Department had received a telephone
message from applicant Robert Stack that he was withdrawing his name.
The first ballot was then taken with the following applicants receiving one vote each: Scott Deming,
Dorothy Breiner, John Galbraith and Don Nisson. Balloting was done in secret.
After a short recess, a second ballot was taken and the same four applicants received one vote
each.
Mayor Mulryan then stated that as Council appeared deadlocked, further balloting should be postponed
to another meeting.
A motion was made by Councilman Jensen and seconded by Councilman Miskimen to limit the ballot to
the four candidates who had each received one vote. Council unanimously voted approval of motion.
Councilman Nixon then moved and Councilman Miskimen seconded that Council meet again on Thursday,
March 29, 1979 at 7:30 P.M. to consider appointment of a Councilmember. Motion was approved
unanimously.
Council adjourned at 10:20 P.M.
OtA-;NN::E M. LEONCIN , City Clerk
APPROVED THIS 6 DAY OF ( , 1979
MAYOR OF THE CITY OF SAN RAFAEL
In Publics Works Conference Room of the City of San Rafael, Thursday, March 29, 1979, at 7:30 P. M.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
RE: DISCUSSION OF FILLING COUNCIL VACANCY - File 9-1
Mayor Mulryan proposed that each Councilman make public which candidate each of them was endorsing
and his views. Mayor Mulryan stated that he was backing John Galbraith who had been third runnerup
in the General Municipal Election. Councilman Jensen stated he was supporting Scott Deming as a
representative from the business community. Councilman Nixon stated he was supporting Donn Nissen
for his outstanding work as a Planning Commissioner. Councilman Miskimen stated he was supporting
Dorothy Breiner.
On the first ballot, Councilman Jensen moved and Councilman Miskimen seconded to nominate Scott
Deming.
AYES: COUNCILMEN: Jensen and Miskimen
NOES: COUNCILMEN: Nixon and Mayor Mulryan
ABSENT: COUNCILMEN: None
Motion failed.
On the second ballot, Mayor Mulryan moved and Councilman Miskimen seconded to nominate John Galbraith.
AYES: COUNCILMEN: Mayor Mulryan
NOES: COUNCILMEN: Jensen, Miskimen and Nixon
ABSENT: COUNCILMEN: None
Motion failed.
On the third ballot, Councilman Nixon moved and Councilman Miskimen seconded to nominate Donn
Nissen.
AYES: COUNCILMEN: Miskimen and Nixon
NOES: COUNCILMEN: Jensen and Mayor Mulryan
ABSENT: COUNCILMEN: None
Motion failed.
On the fourth ballot, Councilmen Miskimen moved and Mayor Mulryan seconded to nominate Dorothy
Breiner.
AYES: COUNCILMEN: Miskimen and Nixon
NOES: COUNCILMEN: Jensen and Mayor Mulryan
ABSENT: COUNCILMEN: None
Motion failed.
Council then took a 10 -minute recess, after which Councilman Nixon suggested that each councilman
vote for two candidates to try to find out if one had more support; however the suggestion was
dropped.
Mayor Mulryan then announced that as the Council was again deadlocked, the meeting was adjourned.
Meeting adjourned at 8:15 P.M.
ANNE M. LEONC , City Clerk
APPROVED THIS DAY OF 1979
1.
MAYOF THE CITY OF SAN RAFAEL
*** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, April 2, 1979, at 8:00 PM
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilman
(Mrs. Breiner was sworn in at commencement
of meeting and took her Council seat at the
beginning of New Business)
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: DISCUSSION OF FILLING COUNCIL VACANCY - File 9-1 x 9-2-6
Mayor Mulryan, after reviewing the status of filling of the Council vacancy and noting that after
two meetings the Council is still dead -locked with two votes for Scott Deming, two votes for Donn
Nissen, two votes for Dorothy Breiner and one vote (Mayor Mulryan's) for John Galbraith, it would be
unfortunate to allow the matter to go to an election which would cost the City approximately $15,000
and possibly more. Mayor Mulryan stated that the City is fortunate to have a number of qualified
169
people and after noting her qualifications he nominated Dorothy Breiner to fill the vacant Council
seat. (The nomination does not require a second.)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
Mrs. Breiner was then sworn in by City Clerk Jeanne Leoncini, but did not assume her Council seat
until the start of New Business.
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 March 5, 13, 19,
1979 Meetings
Marin County Surface Run-off Plan -
File 111
Resolution to Participate and Receive
Funding from the California Witness
Protection Program - File 4-10-122
Acceptance of Grant of Access Easement,
Peacock Lagoon - File 2-4 x 2-12
Resolution re Cultural Affairs Program
Contract (Ron Pearl, Classical Guitar
Concert at Falkirk) - File 9-2-24
Resolutions Stating Findings and
Conclusions re:
a. Elizabeth Way Subdivision -
File 5-1-248 x 10-8
b. Parking Variance and Fire Door -
Lincoln Hotel - File 4-10-123 x 3-3-29
Resolution Authorizing Staff to Sign
Statement of Just Compensation -
File 176
Establishment of In -lieu Parking Fee
for "The San Rafael" - File 11-24 x (R-46)
Recommended Action
Approved as submitted.
RESOLUTION NO. 5643 - RESOLUTION OF INTENT
TO IMPLEMENT THE ABAG ENVIRONMENTAL
MANAGEMENT PLAN
RESOLUTION NO. 5644 - AUTHORIZING AND
DIRECTING THE CITY MANAGER TO SIGN AGREE-
MENTS BETWEEN THE POLICE DEPARTMENT OF THE
CITY OF SAN RAFAEL AND THE STATE OF CALI-
IFORNIA DEPARTMENT OF JUSTICE
RESOLUTION NO. 5645 - ACCEPTING THE GRANT OF
20 FOOT -WIDE ACCESS EASEMENT - LOT 25,
PEACOCK LAGOON UNIT ONE, SAN RAFAEL,
CALIFORNIA
RESOLUTION NO. 5646 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (W/Ron Pearl for
Classical Guitar Concert at Falkirk)
RESOLUTION NO. 5647 - STATING THE
CONCLUSION AND FINDINGS REGARDING
APPLICATION z78-29 (FOUR LOT SUB-
DIVISION ON ELIZABETH WAY)
RESOLUTION NO. 5648 - RESOLUTION
STATING FINDINGS AND CONCLUSIONS
REGARDING REQUEST FOR PARKING
VARIANCE AND CLOSURE OF FIRE DOOR
AT THE LINCOLN HOTEL
RESOLUTION NO. 5649 - AUTHORIZING CITY
MANAGER TO SIGN STATEMENT OF JUST
COMPENSATION
Accepted staff recommendation,
two parking spaces at $5,000 each.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
RE: COMMUNICATION FROM YELLOW CAB COMPANY RE RATE INCREASE - File 9-9
Council reviewed a letter from Yellow Cab Company regarding a rate increase.
Councilman Jensen moved and Councilman Miskimen seconded, that the matter be referred to staff to
analyze the figures and explore the possibility of rates for senior citizens. Staff recommendations
will then be submitted to the Council.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
RE: PUBLIC HEARING - VACATION OF PEDESTRIAN WALKWAY OFF KNIGHT DRIVE - File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input the public hearing
was declared closed.
170
RESOLUTION NO. 5650 - ORDERING VACATION OF PEDESTRIAN WALKWAY OFF KNIGHT DRIVE IN GLENWOOD NO. I
SAN RAFAEL, CALIFORNIA
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
RE: REPORT BY CHIEF OF POLICE ON TOWING SERVICES - File 9-3-30 x 11-8
Council considered a report from Police Chief Benaderet, reviewing the proposed rotation towing
system, with four companies involved.
RESOLUTION NO. 5651 - RESOLUTION ESTABLISHING ADMINISTRATIVE GUIDELINES FOR POLICE ROTATION TOWING
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
RE: STREET LIGHT ACQUISITION PROGRAM - File 4-4
Council considered a staff report by Planning Director Meador and Assistant City Attorney Bullard,
which recommended that ownership continue with PG &E, but that in the future developments the street
lighting systems be dedicated to the City, thus establishing a lower rate for those areas. The
report also recommended that if a transfer to the new high pressure sodium vapor lights is to be
contemplated the City may wish to request PG&E to host a tour of other communities which have
such installations in both commercial and residential areas. In such case, it was suggested the
Council may wish to hold a public hearing before adopting the high pressure sodium vapor lights.
Mr. Frank Armstrong of PG &E stated they would be happy to arrange a tour of areas with the high
sodium lighting.
City Manager Bielser pointed out that the City is presently taking ownership of the street lights in
new subdivisions.
Council agreed to hold off on proceeding with acquisition of the street lighting system, pending a
decision of PUC whereby PG &E may have to pay the complete cost of the lighting system.
RE: REORGANIZATION OF COUNCIL - File 9-1
Item deferred to meeting of April 16, 1979.
RE: AWARD OF CONTRACT FOR EIGHT POLICE PATROL VEHICLES - File 4-2-135
Council discussed the advisability of purchasing Malibu sedans, as the next size to the Nova sedans
which are no longer being manufactured. Captain Brobeck of the Police Department informed the
Council that the Malibu is the closest to the Nova sedans which have been in use by the Police
Department and was developed as a substitute when the Nova was no longer manufactured.
RESOLUTION NO. 5652 - RESOLUTION AUTHORIZING THE PURCHASE OF POLICE VEHICLES UTILIZING EQUIPMENT
REPLACEMENT FUNDS (From DeLong Chevrolet as adjusted net low bidder, bid
bid price $55,871.71)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
RE: REPORT ON HOUSING MATTERS:
a. Residential Rehabilitation Low Interest Loans - File 157
Council heard a presentation by Dick Blood-Bornholdt of the Marin County Housing Authority, and Mr.
Newmark of Paine Webber Jackson & Curtis, underwriters for the Residential Rehabilitation Loan
Program.
Various approaches to the program were suggested, regarding whether the program could be City-wide
or would have to be limited to certain areas. Mr. Newmark stated that it is preferable to have
certain areas designated, and that it would be much more economical when mailings to owners of
record are required if it were confined to certain areas. Planning Director Meador stated that
among areas which could be designated - in addition to the Canal area which has already received
some assistance - are the Redevelopment area, Lincoln Avenue area, Santa Venitia, San Rafael Meadows,
Gerstle Park area, San Rafael High School area, and the lower Bret Harte area.
Councilman Jensen then moved and Councilman Miskimen seconded, that the Council approve the program
in concept, and request that Dick Blood-Bornholdt proceed with a survey so he may recommend to the
Council the preferable areas to participate in the program.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
17.1
b. Discussion of Phase II - Low & Moderate Income Senior Citizen Housing Project - File 177
Council accepted staff report informing them that the City has $300,000 in Federal monies available
currently for acquisition of a site for low and moderate income housing for senior citizens, in
Phase II of the program, and that next year the City will be getting another $270,000. The report
recommended that the staff be authorized to commence looking for a site close to the downtown area,
and to continue their evaluation of the West End School to see if it would be economically feasible
for converting to such use.
Council requested that staff pursue such a course, and also to develop an up-to-date inventory of
all possible sites.
Council then heard from Anise Turina who is acting chairperson of the newly -formed San Rafael
Housing Committee. She stated that the group wishes to work with the Council and staff, and to
provide a housing development arm similar to the Palo Alto Housing Corporation. She feels that the
group can be of great assistance to the Council and to the City.
Mayor Mulryan thanked Mrs. Turina for her presentation.
RE: FINAL ADOPTION - ORDINANCE NO. 1329 - AN ORDINANCE 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 SO AS
TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C PLANNED COMMUNITY DISTRICT IN ORDER TO AMEND THE
MACTFR PIAN 7MITH nF I II('Aq VAI I FY ANn WFST nF I nq f mnrN PnAn 1 1 11r.AS VAI I FY PnAn - 1n-?
CHARTER ORDINANCE NO. 1329 - An Ordinance Amending the Zoning Map of the City of San Rafael, Califor-
nia, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify
Certain Real Property from P -C (Planned Community) District in Order to Amend the Master Plan (South
of Lucas Valley Road and West of Los Gamos Road) (1 Lucas Valley Road), was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAINED: COUNCILMEN: Breiner
(Councilman Jensen left)
RE: REPORT ON FREEWAY MATTERS - File 9-3-40
Council reviewed staff report which recommended endorsing immediately the construction of the
northbound HOV lane as a first step; urging Caltrans and MTC to proceed with appropriations for the
southbound HOV lane including the Lincoln Avenue extension; supporting funds necessary for the Phase
II study; urging the state to construct the widening at the earliest possible time between Greenbrae
and Highway 37; and urging the State to seek inter -state status for US 101.
Councilman Miskimen moved and Councilman Nixon seconded, to approve the staff recommendations as
stated, and to assist by writing individual letters and making phone calls to support the issues.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
ABSTAINED: COUNCILMEN: Breiner
RE: REPORT ON IMPLEMENTATION OF PARAMEDIC PROGRAM, APPROVED BY VOTERS MARCH 6. 1979 - File 9-3-31
Council reviewed a staff report from Fire Chief Marcucci, in which he stated it seems appropriate
for the Council to determine at this time whether the Fire Department or a private sector provider
will implement the Paramedic Program for San Rafael.
Mayor Mulryan asked Chief Marcucci if he is recommending that the Fire Department be designated as
the Paramedic provider, and Chief Marcucci stated he strongly recommends that the Fire Department be
designated. He stated further that while the County certifies the paramedics, the County does not
legally have authority to serve City of San Rafael. Chief Marcucci further pointed out that the
program administered by the Fire Department would be closer to the people because it is governed by
the Council, and that while the cost has been estimated at $12.00 per year it will probably be less
than that. Chief Marcucci also pointed out that the private sector has never before asked to be
permitted to provide the paramedic service. Mayor Mulryan asked what would a private concern
charge, and Chief Marcucci replied that the private sector would want to be subsidized by the
voters.
A representative of Medivac, Inc., informed the Council that there would be user fees, and they
would provide and defend a budget each year.
(Councilman Jensen returned)
Dr. Theodore Hiatt, Marin County Health Officer, informed the Council that the Board of Supervisors
had asked that before San Rafael moves ahead they would like to have the opportunity of meeting with
the City Council to discuss the impact of San Rafael going ahead with the program, with the Fire
Department or a public firm providing the service. He stated that the County had put out a request
for bids through their Emergency Medical Care Committee, with the thought of finding out if the
program could be on a fee for service basis. Dr. Hiatt stated that the Medivac and United bids were
rejected.
City Manager Bielser stated that it is important to keep local control, and that the City Fire
Department can be trained and will be a good backup to the fire fighting process. Also, our Fire
Department can go into CSA 19 area.
172
After further discussion, it was agreed that Mayor Mulryan and Councilman Miskimen will meet with
two members of the Board of Supervisors to obtain their concurrence in terms of Service Area "B",
which includes CSA 19 and Marinwood.
(Councilman Breiner assumed her Council seat)
RE: DISCUSSION OF JOINT MEETING WITH PLANNING COMMISSION - File 9-1 x 9-2-6
It was agreed that the joint meeting of the Council and the Planning Commission will be a dinner
meeting on Monday, April 30, 1979, and that meanwhile the Council and Planning Commission would
exchange lists of suggested topics for discussion.
RE: ORDINANCE RE LEASE OF 532 "B" STREET - File 2-8-18
Council considered a staff recommendation regarding leasing of the building at 532 "B" Street to
Precision Stone Processing Company, at a rental of $1,000.00 per month for two years. The City will
be obliged to perform certain work prior to tenant occupancy, subject to Planning Commission approval,
consisting of repairing ceiling, windows, and checking of all heating and electrical facilities.
Under the terms of the acquisition wherein State and Federal monies were used to acquire this
property, revenue derived therefrom will have to be separately accounted for and applied solely
for the development and improvement of Albert Park.
An Ordinance of the City of San Rafael, Providing for the Lease of Public Real Property at 532 "B"
Street (AP 13-061-41) to Precision Stone Processing Company, and numbering Charter Ordinance No.
1330, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF PLANNING ITEMS INCLUDING NEW ZONING ORDINANCE, PARKING ORDINANCE AND SUBDIVISION
ORDINANCE, AND RELATED MATTERS - File 9-2-6 x 9-3-83
Mayor Mulryan stated that his reason for placing this item on the agenda was to request staff to go
forward with these projects at the earliest possible time. He asked that Planning Director Meador
provide a time table for these projects and added that they would be among the topics for discussion
at the joint meeting on April 30.
City Manager Bielser informed the Council that, with the present Planning Department staff, these
projects under discussion could not be done. He suggested that these assignments be given to
Community Projects Coordinator Hotchner as long-range planning assignments. He mentioned that Mr.
Hotchner has been doing research on some of them, and would follow them up for the time being
because that is where the staff capacity is to do so. Mr. Hotchner would be working with the
Planning staff and Commission. Mayor Mulryan agreed, and requested that Mr. Hotchner provide
a time line within which the Council would expect to see the projects done.
RE: DRAFT POLICY STATEMENT REGARDING TRAFFIC IMPROVEMENTS - EAST SAN RAFAEL - 9-1-2 x 9-2-6
Council reviewed a joint staff report from Public Works Director Caillouette and Planning Director
Meador in which they reached the conclusion that: All future development in the East San Rafael
area should be responsible for certain traffic improvements in that area; an equitable and fair
distribution of cost among all new projects in relation to the proposed traffic improvements should
be established; and that this policy should apply to those applications heard by the Planning
Commission as of its March 27, 1979 meeting. Staff also concluded that at the present time the
information is not available to fully define the extent of traffic improvements in the area, or the
cost allocation formula. Also, the Redevelopment Agency adopted a policy requested by Supervisor
Roumiguiere that "properties being developed (in East San Rafael) find replacement parking so that
on -street parking can be removed to improve traffic flow". The report suggests that if this directive
is to stand and if projects are to be processed before the Planning Commission, the only alternative
is to place a general condition of approval on all applications in East San Rafael that, once the
traffic improvements are defined and a cost allocation system is implemented, each owner would be
responsible for their fair share.
The report further stated that to keep the matter going forward, it will be necessary to receive
information from the traffic consultant on the public improvements which will be necessary for the
traffic conditions which will exist when the entirety of East San Rafael has been built out to its
ultimate traffic generating potential.
Councilman Jensen moved and Councilman Miskimen seconded, to approve the staff recommendations as
outlined.
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
(Councilman Miskimen left meeting)
173
RE: REVISION TO MASTER FEE SCHEDULE - File 9-10-2
RESOLUTION NO. 5653 - AMENDING THE MASTER FEE SCHEDULE TO ESTABLISH A FEE OF $25.00 FOR EACH
REQUEST FOR CONTINUANCE OF APPEAL TO THE CITY COUNCIL FROM PLANNING COM-
MISSION DECISIONS MADE BY APPELLANT
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: ELIMINATION OF PUBLIC SERVICE BUY -BACKS FOR NEW EMPLOYEES - File 7-4
Council reviewed a communication from Marin County Employees Retirement Association, regarding the
elimination of public service buy -backs for new employees. Discussion of the subject was deferred
on the recommendation of City Manager Bielser, until the cost effect can be analyzed. Also, this
may be a meet and confer item.
RE: ORGANIZATION OF OFFICE OF CITY ATTORNEY - File 9-3-16 x 7-3
Council reviewed a study prepared by City Attorney Duggan, in which he outlined the organization of
his department in comparison with other cities. Included in the recommendations was adoption of a
resolution designating Assistant City Attorney Bullard as Director, Law Department with a salary
range from $2,250 per month minimum to $2,667 per month maximum. The study also covered the workload
of the office, and discussed the possibility of establishing externships and internships utilizing
law students.
Council agreed that they would study the organization suggestions and discuss the matter at a later
date. It was also agreed that any change in designation of the Assistant City Attorney should not
be made at this time, but that the change in salary is appropriate.
RESOLUTION NO. 5654 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5391 PERTAINING TO THE COMPENSATION FOR
MANAGEMENT AND UNCLASSIFIED EMPLOYEES (Revising Assistant City Attorney's
salary to $2,250 per month minimum, $2,667 per month maximum)
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
In connection with City Attorney matters, City Manager Bielser informed the Council that the Metro-
media case in San Diego regarding billboards has been completed and that Attorney Leonard Shaw is
presently analyzing the decision. A report will be furnished to the Council in the near future.
RE: RESOLUTION OF APPRECIATION - DR. ARNOLD NUTTING - File 102
RESOLUTION NO. 5655 - RESOLUTION OF APPRECIATION TO DR. ARNOLD NUTTING (Recognizing his contribution
to the City of San Rafael as a City Physician)
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: ADDITIONAL PLANNING COMMISSION VACANCY - File 9-2-6
City Manager Bielser pointed out to the Council that due to Mrs. Breiner's appointment to the
Council there will be an additional vacancy on the Planning Commission, and asked for a decision as
to whether the application period should run concurrently with that for Mr. Duggan's replacement,
for which the cutoff date for applications is noon on Thursday, April 12th.
The Council agreed that applications for both vacancies should run concurrently. Councilman Breiner
suggested that additional publicity be given to the vacancies on the Commission.
(Councilman Miskimen returned)
RE: POLICE DEPARTMENT PERSONNEL MATTERS - File 7-4 x 9-3-30
City Manager Bielser asked for approval to hire both a Police Sergeant and a Police Captain to fill
vacancies which had been frozen.
Council asked for a study from the City Manager, analyzing the situation in the Police Department
and the necessity for additional positions. It was agreed that the frozen vacancy for Sergeant
should be filled in the meantime. Report to be made at April 16, 1979 meeting.
Councilman Jensen moved and Councilman Miskimen seconded, that the frozen vacancy for Police Sergeant
be filled.
AYES: COUNCILMEN: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council adjourned to Executive Session to discuss property acquisition and instructions to
negotiator.
174
Following Executive Session, the Council reconvened and unanimously agreed to appoint attorney
Leonard Shaw as the City's labor negotiator.
The City Council then adjourned to a special joint meeting April 4, 1979.
JDANE M. LEONCINI, City Clerk
APPROVED THIS � � DAY OF To! ' 'Q , 1979
c�
MAYOR OF THE CITY�OF SAN -RAFAEL
*** *** *** *** ***
In the Council Chambers of the City of San Rafael, Wednesday, April 4, 1979, at 8:00 PM
Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
City Council and Dorothy L. Breiner, Councilman/Agency Member
Redevelopment Agency Fred E. Jensen, Councilman/Agency Member
John A. Miskimen, Councilman/Agency Member
Jack G. Nixon, Councilman/Agency Chairman
Also Present: William J. Bielser, City Manager/Executive Director,
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
REDEVELOPMENT AGENCY
RE: WEST FRANCISCO BOULEVARD AUTO CENTER - File R-130 (SRCC File 175
Agency Chairman Nixon opened the meeting stating that the order of business would be: Statement of
the Problem, Discussion of Alternative Actions; Public Discussion; and Agency Deliberation.
Executive Director Bielser reviewed the problem, noting that this is an area which needs further
attention and the fact that it has been dormant for years. It was pointed out that with the exten
sion of West Francisco Boulevard to Second Street there will be a direct route from the downtown
area. San Marin Lumber has an extension project before the Planning Commission, which includes
building a Home Improvement Center on their property in addition to the existing lumber yard.
However, it appears that a number of the automobile dealerships presently located on West Francisco
Boulevard, and several others which are in other parts of San Rafael, are interested in a possible
"auto row" for the area.
Jim Scripture of Scripture Oldsmobile stated he heartily endorses the concept of an auto row and is
satisfied with his present location but would like to expand if possible. Jerry Hannon of Imported
Motor Sales stated he would be interested in locating on West Francisco, and would require two acres
maximum. John Irish of American Motors at Third & Lincoln stated he would be interested, if the
terms were acceptable, since he will probably have to move his business. Roland Bacci of Mercedes/
Benz informed the Agency that he requires at least three acres, and that his home company has given
him permission to move wherever he feels would be appropriate. Steve Horgan of Horgan's Transmission
in Canal area, stated he would be interested in moving to that location if possible. Don DeLong of
DeLong Chevrolet stated he is vitally interested in the proposition since he is presently in the
process of renewing his franchise and is interested in a time table for the proposed project since
time is of the essence with him.
Representatives of San Marin Lumber spoke of their investment, and their future plans, and urged the
Agency to consider their expansion project favorably. They also questioned the requirement for them
to provide 75 parking spaces for their home improvement center. Planning Director Meador explained
the space requirements under the parking ordinance.
Under "Agency Deliberation" the Agency discussed various approaches, what stand they should take
with regard to San Marin Lumber, and whether the old motor site would be suitable for storage of
cars for a number of dealerships. Planning Director Meador informed the Agency that the San Marin
project is due to come before the Planning Commission on May 22, 1979.
The Agency agreed to continue the workshop to Wednesday, May 9, 1979, at which time they will make a
determination regarding San Marin Lumber. Meanwhile, staff is to explore the auto dealerships and
determine how much real interest exists in the idea of an automobile park; explore the subject of
land use in the area; and look at financing problems, and what other cities have done on similar
projects.
The Agency then recessed before commencing the City Council item.
175
CITY COUNCIL
RE: OPEN SPACE ACQUISITION STUDY SESSION - File 13-14-1
Mayor Mulryan opened the Council portion of the meeting, stating that he hoped it would be educa-
tional. He stated he had never looked upon the program as an acquisition program, but as a combina-
tion of a variety of things. He noted that the City has combined funds with neighborhood association
efforts, and has allowed builders to build and in exchange obtained a greater amount of open space.
He pointed out that the City has worked with the County and with the State. Since the $2,250,000
bond issue was passed by the voters the City has spent about half of that amount, and has saved a
considerable amount of money by waiting until the right time to acquire. The purpose of this
workshop is to take an inventory of where we are and where we intend to go.
Mayor Mulryan then outlined the order of business: Staff Report on the Acquisition Program; Public
Discussion; and Council Deliberation.
City Manager Bielser reported that the program actually began in 1970, with purchase of 540 acres
known as Black Canyon. Then, in 1972 the voters approved the bond issue for $2,250,000. The
property thus far acquired would be, at today's prices, about $15,000,000. Mr. Bielser pointed out
that the City has entered into joint acquisition with homeowners' groups and formed assessment
districts. The Terra Linda Valley acquired most of the open space with the City spending about
$500,000, the County a like amount, and the homeowners about $1,000,000. Space was preserved in
other ways, such as the Oakwood Subdivision where no lots were allowed on the ridgeline and a number
of lots cut out in order to preserve the open space. The remaining balance is $1,172,000.
Mr. Bielser stated the money has never been spent on a "check account" basis, but when properties
become available on the open market they were brought to the Council's attention. The City also had
recommendations from the CAC on Open Space and the Planning Commission.
Planning Director Meador spoke of the proposed development on the Sun Valley slope, since there is
presently before the Planning Commission a request for a 13 -lot subdivision, an extension of Windsor
Avenue, backing onto San Rafael Highlands. There will be a focus environmental assessment report,
including wildlife impact, and then an assessment of the proposed subdivision will be made.
Council then heard from residents of the Sun Valley area, requesting that the slope be acquired as
open space since it is the only open area at that end of the City. One resident pointed out that the
area proposed for a subdivision is a slide area and that the soil is much too unstable for any type
of density. Also, Windsor Avenue is too narrow to take any additional traffic. City Manager
Bielser pointed out that the area in question is partly in the City and partly in the County, a
factor for consideration.
Gayle Mills, of Neighborhood 13, asked who the County contact might be if they were to write letters
to urge preservation of the open space, and staff informed her that Pierre Joske would be staff
person to contact.
The Council then heard from Ben Parsons of the Bret Harte Community Association, asking that consider-
ation be given to acquisition of the two 14 -acre parcels on Bret Harte Ridge which are still unde-
veloped. He stated his association is looking into the formation of an assessment district. He
pointed out that the area is also the backdrop for the proposed improvements on West Francisco
Boulevard. City Manager Bielser pointed out that 11.1 acres were already acquired in that area.
The Council then discussed the open space program, and the priority list which also indicated the
properties already acquired. Mayor Mulryan pointed out to the Neighborhood 13 delegation that the
Sun Valley Slope has now advanced in priority due to acquisition of the properties, either in whole
or part, which were ahead of Sun Valley Slope on the listing.
Council then discussed revising priorities on the list, and noted that this would require public
hearings with homeowners' groups. After discussion, the matter was referred to the Planning Commis-
sion, to update the priorities of the outstanding open space areas, and hold the necessary public
hearing(s).
No date was set for another workshop meeting on this subject.
ADD ITEM:
RE: PROCESSING OF DEVELOPMENT PERMITS IN TERRA LINDA VALLEY AND EAST SAN RAFAEL, PENDING TRAFFIC
STUDY COMPLETION - File 9-1-2 x 9-2-6
Council received a memo from the Assistant City Attorney regarding the above subject, and stated
they needed time to look at it closely; therefore, it is to be put on the agenda for the April 16th
meeting. Meanwhile, Mayor Mulryan directed that since there is a Planning Commission meeting
on April 10, the memo should be brought to their attention at that meeting. The Planning Commission
is to be informed that prior actions taken by the City Council on the projects in question did not
in any way limit the prerogatives of the Planning Commission.
The City Council adjourned to their next regular meeting April 16, 1979.
JEA . LEONCINI, City C erk/Agency Secretary
APPROVED THIS M `e -V DAY OF � Q 1979
S.
MAYOR OF THE CITY OF SAN RAFAEL
176
In the Council Chambers of the City of San Rafael, Monday, April 16, 1979, at 8:00 PM
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilman
Fred E. Jensen, Councilman
Jack G. Nixon, Councilman
Absent: John A. Miskimen, Councilman
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilman Jensen moved and Councilman Nixon seconded, to approve the recommended
action on the following consent calendar items:
Item
Approval of Minutes of March 26 & 29,
and April 2 & 4, 1979, Meetings
Claim for Damages - Jack Connor -
File 3-1-367
Claim for Damages - Marie Stabell -
File 3-1-381
Claim for Damages - Jeffrey C. Goss -
File 3-1-400
Claim for Damages - Robert & Diana
Kausen - File 3-1-401
Acceptance of Access Easements off
Andersen Drive - File 2-4
Contractual Agreement for Women's
Self Defense Class (Sue Verhalen) -
File 4-10-111
Contractual Agreement for Classes in
Recreating Music (Gustavo Motta, Jr. -
Falkirk) - File 9-2-24
Report on In -Lieu Payments - Victorian
Village - File 11-24 (R-111)
Recommended Action
Approved as submitted.
Approved R. L. Kautz recommendation
for denial.
Approved R. L. Kautz recommendation
for denial.
Approved R. L. Kautz recommendation
for denial.
Approved R. L. Kautz recommendation
for denial of late claim.
RESOLUTION NO. 5656 - ACCEPTING GRANT OF
ACCESS EASEMENTS AT 1281 ANDERSEN DRIVE
FOR MAINTENANCE OF CITY DRAINAGE FACILITIES
RESOLUTION NO. 5657 - ACCEPTING GRANT OF
ACCESS EASEMENTS AT 1201 - 1241 ANDERSEN
DRIVE FOR MAINTENANCE OF CITY DRAINAGE
FACILITIES
RESOLUTION NO. 5658 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (W/Sue Verhalen for
Women's Self Defense Class)
RESOLUTION NO. 5659 - AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (W/Gustavo Motta, Jr.
for Classes in Recreating Music)
Approved staff recommendation
to defer matter until May 7,
1979 meeting.
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
ABSTAINED: COUNCILMEN: Councilman Breiner abstained only regarding minutes of
March 26 & 29, and April 2, 1979 meetings.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - SR79-12, SIGN PROGRAM FOR OFFICE
BUILDING; 515 NORTHGATE DRIVE; F&S PROPERTIES, OWNER; KIM BAKER, REP.; AP 175-060-54; CEQA: Cat. Ex.
15103 AB - File 10-11
Councilman Breiner absented herself, since this matter had been considered by the Planning Commission
when she was a member.
Mayor Mulryan declared the public hearing opened.
Planning Director Meador informed the Council that the main concern of the Planning Commission was
the fact that they felt that since the building is an administrative and professional office building
it did not need visible illumination, which would detract from the appearance of the structure. The
Planning Commission considers the design of the building to be exceptionally good.
Kim Baker, representing the owners of the building, showed the Council a sample of the sign which
was denied by the Planning Commission, and stated the owners would be willing to use a time clock to
control the times of illumination. She also stated that the tenants of the building feel that an
illuminated sign would best serve their needs. She said they also would be willing to use low
intensity lamps to cut down the light.
There being no further input, the public hearing was declared closed.
177
After discussion Councilman Jensen moved and Councilman Nixon seconded, to sustain the Planning
Commission and deny the appeal without prejudice so the appellant could go back to the Planning
Commission with a revised plan, for further consideration.
AYES: COUNCILMEN: Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Breiner and Miskimen
RE: REPORT ON PLANNING COMMISSION APPLICANTS - File 9-2-6
It was unanimously agreed that interviews of the Planning Commission applicants would be held on
Monday, April 30, 1979 commencing at 8:00 PM. Mayor Mulryan suggested that the interviews be brief,
and that staff should notify those applicants who had already been interviewed for other appointments
that they may waive an interview in this instance if they desire.
It was noted that one applicant is a nonresident and Mayor Mulryan instructed staff to notify him
that there would be no point in interviewing him, since residency is a requisite for appointment.
RE: REPORT ON DUTCH ELM DISEASE PROGRAM -File 9-3-40
Council heard a presentation by Dr. Pavel Svihra of University of California Cooperative Extension,
regarding the current Dutch Elm Disease Program to control or eliminate the disease. Dr. Svihra
made recommendations for Dutch Elm Disease management in San Rafael, including the management of
elms as part of an overall tree program, and also made specific recommendations for control and
prevention of the disease.
After discussion Councilman Nixon moved and Councilman Jensen seconded, to approve the recommenda-
tions, which have been concurred in by staff, with the understanding that staff will work out the
details with Dr. Svihra and the State, with guidelines to be submitted to the Council for final
approval.
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
Councilman Breiner added that she would like to see the report include toxicity toward humans, in
connection with their study of the fungicides.
Mrs. Genevieve Fitzharris suggested establishing a citizens' committee to work with staff and the
State to encourage interest among the citizens in a program of planting and replanting trees and
arousing a greater awareness of the DED.
Staff indicated that the report should be ready in six weeks to two months.
RE: PROGRESS REPORT - WEST FRANCISCO BOULEVARD File 117 x 4-5-15 R89 AND BELLAM BOULEVARD File
4-8-18 x 151 PROJECTS
Council reviewed a staff report which indicated that an application to the Public Utilities Commis-
sion for approval of the two NWPRR track crossings necessary for this project has been filed. A
public hearing on the City's application is required, and staff has requested the PUC staff to
process the City's application as quickly as possible. Also, a request for an encroachment permit
from the State has been made to Caltrans, to allow utilization of a small portion of the State's
right-of-way for the West Francisco Boulevard Extension.
Council requested that staff urge the NWPRR and the PUC to expedite their actions in connection with
the track crossings.
With regard to the Bellam Boulevard improvements, staff reported that the project has been approved
by the California Highway Commission and is scheduled to be bid in the latter part of April with the
bid opening set for May 30, 1979. The report noted that there is a new problem - the Marin Municipal
Water District is now requiring that a new 12 -inch water main be constructed between Andersen
Drive and Francisco Boulevard. This would serve the Blumenfeld Motor Movie site for fire protection
if the Gemco development is approved. Staff is now working with Caltrans to determine what effect
this will have on the Bellam Boulevard Project.
RE: REPORT ON ODOR MITIGATION MEASURES - File 12-7 x 111
RESOLUTION NO. 5660 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS POSITION
REGARDING DEVELOPMENT OF AN AIR QUALITY MITIGATION PROGRAM FOR THE EASTERN
MARIN - SOUTHERN SONOMA WASTEWATER MANAGEMENT PLAN (As amended)
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
The amendment referred to was the addition of the phrase "to the extent practical" in the next -to -
last paragraph on page 2, referring to the City's extent of participation.
178
RE: DISCUSSION OF AGENDA ITEMS FOR JOINT MEETING WITH PLANNING COMMISSION SCHEDULED FOR APRIL 30,
1979 - File 9-1 x 9-2-6
Council was informed that Commissioner Starkweather will be out of the state and unable to attend
the meeting if it is held on April 30, 1979. Council agreed on two alternate dates, May 14 and 15,
with the final date to be set at the May 7, 1979 meeting.
Meanwhile the Council's agenda will be prepared, including "U Zoning", the Property Maintenance
Ordinance, discussion of the length of commission meetings and of workload and priorities. Also to
be discussed are priorities of other neighborhood plans such as Lincoln Avenue, when the Peacock Gap
Neighborhood Plan is completed.
RE: DISCUSSION OF COUNCILMEMBER ASSIGNMENTS - File 9-1
Item deferred until full Council can be present, so that Councilman Miskimen can provide input.
RE: REPORT ON NEIGHBORHOOD PLAN CONSULTING SERVICES - PEACOCK GAP - File 166 x 10-3
Council considered a request from the Peacock Gap Homeowners Association that the decision on the
proposals submitted for the development of a Neighborhood Plan for Peacock Gap be postponed until
the next regular meeting of the City Council, to enable the association's Development Committee to
meet with the general membership of Peacock Gap to keep them apprised of the procedures being taken
for the development of the Plan.
Attorney Peter Hunt, representing New York - Cal. Industrial Corp., objected to outlying areas,
which are outside the City limits, being included in the Plan, stating that Section 65450.1 of the
Government Code prohibits this practice, and that a City cannot adopt a neighborhood plan including
lands outside its jurisdiction. He also stated he would like to accelerate the process of the
Plan.
City Attorney Duggan examined the pertinent section of the Government Code and informed the Council
that his interpretation is that areas outside the City limits but within the planning area (zone of
influence) may be included in a neighborhood plan.
Robert Winckler of the Peacock Gap Homeowners Association informed the Council that Planning Director
Meador will speak to the Homeowners Association at the general meeting on May 2, 1979.
RE: LUCAS VALLEY ROAD INTERCHANGE - HIGHWAY 101 NORTHBOUND ON-RAMP - File 4-8-20
RESOLUTION NO. 5661 - REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO APPROVE CONSTRUCTION
OF A NEW NORTHBOUND ON-RAMP TO ROUTE 101 AT THE LUCAS VALLEY INTERCHANGE
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
Staff was directed to send a copy of the resolution to the State Director of Transportation, Adriana
Gianturco.
RE: STATUS OF SELF-INSURANCE PROGRAM - File 9-6-1
Council accepted a report from Finance Director Coleman, giving the status of the program, which
they considered very satisfactory. Mr. Coleman was asked to confer with R.L. Kautz Company with
regard to the advisability of building up a reserve.
RE: FINAL ADOPTION - ORDINANCE NO. 1330 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT 532
"B" STREET AP 13706141 TO PRECISION STONE PROCESSING COMPANY - File 2-8-18
CHARTER ORDINANCE NO. 1330 - An Ordinance of the City of San Rafael Providing for the Lease of
Public Real Property at 532 "B" Street (AP 13-061-41) to Precision Stone Processing Company, was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: ORDINANCE RE LEASE OF 522 "B" STREET - File 2-8-19
An Ordinance of the City of San Rafael, Providing for the Lease of Public Real Property at 522 "B"
Street (AP 13-061-40) to William Ferrua and Adolpho Renzo Veranezze, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
The building is to be used for storage of antique cars, with the rent being set for $18,000 per year
for a period of five years, and with the City retaining the cancellation rights after two years with
ninety days' notice.
179
RE: REPORT ON DEVELOPMENT PROCESSING, TERRA LINDA AND CANAL AREAS - File 9-1-2 x 9-2-6
Council reviewed a report from Assistant City Attorney Bullard on the subject, and asked Planning
Director Meador to report on the Planning Commission's reaction regarding the report. Mr. Meador
informed the Council that the Planning Commission had accepted the report and stated that as projects
are finished with the staff review the Commission would hear them, and if they felt there was no
large contribution to the traffic problem, they would process them on through. Mr. Meador reported
that last week the Commission heard the Ferro and Handyman projects, and stated that those should
not be processed through; there was a smaller office building which had considerable warehouse space
included in it and the Commission stated that project should be processed through; however, they
referred it back to staff for other data. Debra Homes' application is scheduled for hearing April
24th, and also the Sizzler application. Debra Homes has submitted all of their traffic data. The
Sizzler is going to be submitting traffic data contrasting their traffic generation pattern as
opposed to what Wilshire Towers had, and it appears that they will be processed through, based on a
grandfather clause with Wilshire Towers.
Mayor Mulryan asked for comments from Assistant City Attorney Bullard, who stated that the importance
of the temporary delay in the processing, until the traffic studies are completed, may not be fully
understood, particularly in those situations where there has been some sort of environmental assess-
ment. He further stated he hopes that everyone will realize that when the staff and City took a
closer look at what all of these projects are going to do in both areas, they found there has not
been any one assessment which has taken all of this into account and looked at the cumulative
effects to determine what will be necessary to mitigate the effects. Mr. Bullard stated that it is
for that reason he felt the City had to hold up processing, because you cannot make a final determi-
nation on a project unless you have an environmental determination made, and you cannot have a true
and complete environmental determination until you have all the material before you. Mr. Bullard
further feels that these traffic studies are necesary in order for the Council or the Planning
Commission to make a determination on the environmental impact, and then go ahead and make a determi-
nation on the projects themselves. He added that we have not had the broad views in the past, but
are on the right track now, and if we have the foresight in the future we will not have these types
of projects delayed. We also must be able to spread the cost of whatever improvements are going to
be required and impose those as conditions of approval, with bonding requested if necessary.
In response to a question from Councilman Breiner on approval of the smaller projects such as the
Commission heard last week, Mr. Bullard said there will have to be an element of judgment. He
stated that his interpretation of CEQA and the guidelines would be that there may be projects which
would not make much difference on the traffic, but that would be a matter of judgment on the part of
staff, the Planning Commission and perhaps the Council. However, most of the projects presently
being looked at are going to have some impact on traffic.
Mr. Meador informed the Council, responding to Councilman Breiner's question regarding completion
date for the traffic studies, that the East San Rafael study will be ready for hearing by the
Planning Commission on May 22, 1979, and the Terra Linda study should be completed around July 1,
1979, at which time a public hearing date will be set.
Mayor Mulryan asked for public comment and Attorney Al Bianchi, representing Fireman's Fund, and
also speaking on behalf of Debra Homes, asked for a confirmation of his understanding that the
Planning Commission will look at each project as it comes through and make a determination based on
the merits of that project and its potential for an impact on the traffic situation, and then
determine whether of not to give final approval to that project at that point, or whether to defer
final approval and continue with processing in the interim.
Mr. Bullard agreed with the interpretation, but added that most of the projects being looked at are
going to have some traffic impact, and that each will have to be looked at on its merits.
Mayor Mulryan asked Mr. Bullard if he thinks the approach taken by the Council with respect to Debra
Homes and Fireman's Fund - to let them go through subject to the individual analysis - is proper, or
improper. Mr. Bullard stated that he said before that it was improper, and he repeated that it is
improper, on the basis of what the Planning staff has told him; that both of those projects in and
of themselves and in a cummulative basis would have traffic effects and that they should, like all
other projects within their specific areas, be delayed until the total traffic picture is assessed.
Meanwhile, the Planning process is going forward on the projects, as far as possible.
Planning Director Meador informed the Council that the Planning staff has stated to everyone that
they will finalize all of the details necessary to get the matters before the Planning Commission,
following a ruling on the traffic studies. If the situation is more negative than assumed, some
scaling -down of buildings may be necessary, and contributions will have to be figured regarding
mitigation. Most developers are willing to assume the risk of the various possibilities. Also,
some projects have gone before the Commission at the concept level.
Mayor Mulryan stated that the critical thing is that there is no final approval until all the facts
are known.
Mr. Bianchi added that his understanding is, however, that if the Planning Commission makes an
affirmative finding that the impact on traffic is not going to be significant, the Planning Commis-
sion will have the right to take definitive action on any given case. Mr. Meador agreed that was
part of the Commission's ruling on April 10, 1979.
Attorney Jay Paxton, representing Monumental Corp., successor to San Rafael Cayes, which owns a
large portion of the Spinnaker Point development, stated that the project is now under construction
with an approved master plan and a certified EIR and is to be completed in the five phases specified
in the master plan. Mr. Paxton asked that, since the project is already approved and construction
RM
getting under way, when they come in within the next few weeks for approval of certain phases they
be allowed to proceed. Mayor Mulryan asked Mr. Bullard to look into the matter and report back to
the Council at the May 7, 1979 meeting.
Councilman Breiner moved and Councilman Nixon seconded, to approve the idea of allowing developments
to go through the Planning process for appropriate review and meetings which they require , but that
no final approval will be given to any project which conceivably would have a significant traffic
impact requiring mitigation, pending outcome of the traffic studies.
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: RECOMMENDATIONS RE 1978/79 BUDGET AMENDMENTS - File 8-5
RESOLUTION NO. 5662 - AMENDING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR
JULY 1, 1978 - JUNE 30, 1979 AS APPROVED IN RESOLUTION 5521
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: AGREEMENT FOR TRANSFER OF OWNERSHIP TO CITY - VIACOM UNDERGROUND DUCT SYSTEM - File 9-7-4
RESOLUTION NO. 5663 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Tele-vue
Systems, Inc., DBA Viacom Cablevision, transferring underground duct system in Fairhills area to
City of San Rafael)
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: REPORT ON MATERNITY LEAVE - File 7-4
Councilman Jensen moved and Councilman Breiner seconded, to approve a staff report which notified Council
of a recent Federal law mandating pregnancy benefits as part of City-wide health and disability
plans, effective May 1, 1979.
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: RESOLUTION OF APPRECIATION - C. PAUL BETTINI - File 102
RESOLUTION NO. 5664 - RESOLUTION OF APPRECIATION - C. PAUL BETTINI
AYES: COUNCILMEN: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
The City Council adjourned to Executive Session to discuss property acquisition.
J ANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 19_7J
61
MAYOR OF �TE�7OF SAN RAFA L
181
In Conference Room 201 of the City of San Rafael, Monday, April 30, 1979, at 8:00 PM
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
RE: INTERVIEWS OF APPLICANTS FOR PLANNING COMMISSION VACANCIES - File 9-2-6
The following applicants were interviewed for 5 minutes each for two vacancies on the Planning
Commission:
Gerald E. Bakerink, Cecilia B. Bridges, Peter L. Clark, William J. Conner, Scott Deming, John
Galbraith, Ronald J. Grudzinski, Cyril T. Hofmeister, Richard M. Lockman, Joseph C. Lodge, Rick
Myers, Dorothy Oczkus, John W. Powers, Don Presco, Lynn 0. Taylor, Willy A. Vandenbos and Marilyn
Weller.
City Clerk Leoncini informed Council that applicant Hal Greene was ill and would be unable to
attend. (Applicant Michael J. Smith had previously requested that his application be withdrawn, and
applicant Robert E. Hoffman had been advised by City Manager Bielser that non-residents would not be
considered).
After completion of the interviews, Council recessed for 10 minutes.
When meeting was reconvened, Councilmember Jensen moved and Mayor Mulryan seconded, to appoint Scott
Deming to the Planning Commission to fill the vacancy until July 1982.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner and Nixon
ABSENT: COUNCILMEMBERS: None
Councilmember Nixon then moved and Councilmember Breiner seconded, to appoint Cecilia Bridges to the
Planning Commission to fill vacancy until July 1982.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to Executive Session to give instructions to Labor Negotiator.
J ANE M. LEONCINI, City Clerk
APPROVED THIS 7t/° DAY OF A, 1979
MAYOR OF THE CITY �SANRAFA
*** *** *** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, May 7, 1979, at 8:00 PM
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
Item
Approval of Minutes of April 16 and 30,
1979, Meetings
Claim for Damages - Margit Szentendrey -
File 3-1-404
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial.
182
Recommendation re Debris Box Encroachment
Fee - File 9-10-2
Communication re Solid Waste Disposal Grant
File 13-2
Jesse Owens Games Week -
May 13, 1979 - File 110
Contractual Agreement Between City and
Judy Dennis - Dance Exercise Class -
File 4-10-111
Contractual Agreement Between City and
Institute of Reading Development
(Speed Reading Course) - File 4-10-111
Program Supplement for Federal Funds -
Bellam Boulevard Roadway Improvements
Project - File 4-8-18
Approval of Subdivision Map and Agreement
Spinnaker Point Unit 2 - File 5-1-250
Vacation of Drainage and Slope Easement -
256 Knight Drive - File 2-12
Agreement with Viacom for Underground
Facilities - Smith Ranch Road Assessment
District - File 9-7-4
Report on In -Lieu Payments - Victorian
Village - File 11-24-(R-111)
Contract with Book Publishing Co. for
Supplement Service to Municipal Code -
File 1-5-1
Agreement Between County of Marin and City
of San Rafael for the Youth Community
Conservation and Improvement Project -
File 4-13-53
Report on Neighborhood Plan Consulting
Services - Peacock Gap - File 4-10-123 x
166 x in -i
Communication from Marin County Counsel
re Settlement of Law Suit with Golden Gate
Bridge, Highway & Transportation District -
FiIP 112-2
Resolution of Intention to Vacate Street
Right -Of -Way - Sizzler Restaurant -
File 2-12
Resolution Re Retirement Buy -Backs - File 7-4
RESOLUTION NO. 5665 - AMENDING RESOLUTION
NO. 5499, AT SECTION 11.1.3, DEBRIS BOX
ENCROACHMENT PERMIT, OF THE MASTER FEE SCHEDULE
Approved recommendation urging favorable con-
sideration of the Marin Recycling and Resource
Recovery Assn. grant application.
RESOLUTION NO. 5666 - AUTHORIZING THE SIGNING OF
A PROCLAMATION - CONCERNING DECLARING THE WEEK
OF MAY 13, 1979 AS ARCO JESSE OWENS GAMES WEEK
RESOLUTION NO. 5667 - AUTHORIZING THE SIGNING OF
A CONTRACT, LEASE OR AGREEMENT (Judy Dennis -
Rhythmatics Dance Instructor, Exercise Class)
RESOLUTION NO. 5668 - AUTHORIZING THE SIGNING OF
A CONTRACT, LEASE OR AGREEMENT (Institute of
Reading Development - Speed Reading Course)
RESOLUTION NO. 5669 - AUTHORIZING EXECUTION OF
PROGRAM SUPPLEMENT NO. 2 TO FAU MASTER AGREEMENT
FOR FUNDING OF FEDERAL -AID PROJECT NO. M -E501(1),
BELLAM BLVD. ROADWAY IMPROVEMENTS PROJECT
RESOLUTION NO. 5670 - APPROVING FINAL MAP OF
SUBDIVISION ENTITLED, "SPINNAKER POINT UNIT TWO"
RESOLUTION NO. 5671 - RESOLUTION OF INTENTION
TO VACATE A DRAINAGE AND SLOPE EASEMENT ON LOT 31,
GLENWOOD FOREST UNIT ONE, SAN RAFAEL, CA
(256 Knight Drive)
RESOLUTION NO. 5672 - APPROVING AGREEMENT -
SMITH RANCH ROAD ASSESSMENT DISTRICT NO. 1
(Tele-Vue Systems, Inc. dba VIACOM)
Approved recommendation. (2 spaces @$5,000
per space)
RESOLUTION NO. 5673 - AUTHORIZING THE SIGNING OF
A CONTRACT, LEASE OR AGREEMENT (Book Publishing
Co. for Supplement Service to the San Rafael
Municipal Code - Three-year period - $17.00 per
page)
RESOLUTION NO. 5674 - AUTHORIZING SIGNING OF A
CONTRACT, LEASE OR AGREEMENT (County of Marin
for the Youth Community Conservation & Improve-
ment Project)
RESOLUTION NO. 5675 - AUTHORIZING THE SIGNING OF
A CONTRACT LEASE OR AGREEMENT (John Roberto
Associates - For the Peacock Gap Neighborhood
Plan; Consulting Fee - $23,000)
RESOLUTION NO. 5680 - AUTHORIZING THE SIGNING OF
A CONTRACT, LEASE OR AGREEMENT (Settlement of
Law Suit with Golden Gate Bridge, Highway and
Transportation District)
RESOLUTION NO. 5676 - RESOLUTION OF INTENTION
ORDERING VACATION OF A PORTION OF REDWOOD
HIGHWAY BETWEEN WILLOW AVENUE AND THE SOUTHBOUND
OFF -RAMP FROM HIGHWAY 101, SAN RAFAEL, CA
(Re: Sizzler Restaurant)
RESOLUTION NO. 5677 - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN RAFAEL REGARDING
PURCHASE OF PRIOR SERVICE (Buy -Backs -
excludes any employees hired by City after
May 7, 1979)
Animal
Control Joint Powers Agreement -
RESOLUTION
NO. 5678 - AUTHORIZING THE SIGNING OF
File 4-13-54
x 13-3(II)
A CONTRACT,
LEASE OR AGREEMENT (County of Marin
for Animal
Control Joint Powers Agreement)
AYES:
COUNCILMEMBERS: Breiner, Jensen,
Miskimen, Nixon and
Mayor Mulryan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
183
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - s78-18 - FOUR LOT SUBDIVISION WITH
CONDITIONAL EXCEPTIONS; GLEN PARK AVENUE & DOMINICAN DRIVE; CHARLES BAUMBACH & JIM REED, OWNERS &
REP.; AP 15-250-44; CEQA: POT. IMP. WB - File 10-8
Mayor Mulryan declared the public hearing opened.
Hearing continued to meeting of May 21, 1979, at request of appellants' attorney, Leland H. Jordan.
RE: PUBLIC HEARING - PROPOSED ZONING CHANGE - Z79-5 - LOURDES RETIREMENT CENTER, AP 15-111-23; FROM:
R -1-B-2 (SINGLE MI RESIDENTIAL, MINIMUM SITE AREA 10,000SQ.FT. DISTRIC : U N SS FI D
DISTRICT; SISTERS OF ST. DOMINIC CONGREGATION OF THE MOST HOLY NAME, OWNERS; INITIATED BY PLANNING
COMMISSION - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input the public hearing was
declared closed.
Councilmember Jensen moved and Councilmember Miskimen seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by
Section 14.15.020 of the Municipal Code of San Rafael So As To Reclassify Certain Real Property from
R -1-B-2 (Single Family Residential, Minimum Building Site Area 10,000 Squire Feet) District to U
(Unclassified) District (Lourdes Retirement Center, 77 Locust Ave.), and numbering Charter Ordinance
No. 1332, was read, introduced, and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: DISCUSSION OF AGENDA ITEMS FOR JOINT MEETING WITH PLANNING COMMISSION, AND SETTING OF DATE FOR
MEETING - MAY 14 OR 15, 1979 - File 9-1 x 9-2-6
Council unanimously approved holding the Joint Special meeting with the Planning Commission on Monday,
May 14, 1979; meeting to be a dinner meeting commencing at 6:30 P.M.
Items for discussion to include: Discussion of development proposals which have been approved in
East San Rafael; "U" Zoning; Property Maintenance Ordinance; Length of Commission meetings and dis-
cussion of workload and priorities; and Priorities of neighborhood plans after completion of
Peacock Gap Plan.
RE: DISCUSSION OF COUNCILMEMBER ASSIGNMENTS - File 9-1
This item had been continued from previous meetings, for full Council to be present.
After discussion, Councilmember Miskimen moved and Councilmember Jensen seconded, to appoint
Councilmember Dorothy Breiner to the City -School Liaison Committee, to replace Councilmember John
Miskimen; Mayor Mulryan to also be a member of City -School Liaison Committee, with Councilmember
Jack Nixon as alternate; Councilmember Dorothy Breiner also appointed to the Transportation Element
Committee of the Countywide General Plan.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FILING OF BOARD AND COMMISSIONS VACANCIES - File 9-2-24 x 9-2-3 x 9-2-5
City Manager Bielser informed Council that Helga V. Epstein had expressed a desire to continue to
serve on the Cultural Affairs Commission.
Councilmember Jensen moved and Councilmember Miskimen seconded, to reappoint Helga V. Epstein to the
Cultural Affairs Commission for a 4 -year term until April 1983.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Manager Bielser informed Council that Alice Dalbey, Elizabeth Grasham and James Mayer have all
expressed their desire to continue to serve on the Library Board of Trustees.
Councilmember Jensen moved and Councilmember Breiner seconded, to reappoint Alice Dalbey, Elizabeth
Grasham and James Mayer to the Library Board of Trustees for 4 -year terms until April 1983.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then called for applications for one vacancy on the Fire Commission due to the death of
Commission member L. Henry Hewelcke, and one vacancy on the Parks and Recreation Commission due to
the resignation of Jane Teitelbaum, who was elected to the San Rafael School Board. Deadline for
receipt of applications was set for 12:00 Noon on May 18, 1979, with applicants to be interviewed
prior to the June 4, 1979 Council meeting.
RE: FINAL ADOPTION - ORDINANCE NO. 1331 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT
522 B Street AP 13-061-40 TO WILLIAM FERRUA AND ADOLPHO RENZO VERANEZZE - File 2-8-19
CHARTER ORDINANCE NO. 1331 - An Ordinance of the City of San Rafael Providing for the Lease of
Public Real Property at 522 B Street (AP 13-061-40) to William Ferrua and Adolpho Renzo Veranezze,
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON FROZEN CAPTAIN POSITION - File 9-3-30 x 7-4
After Discussion of report submitted by Police Chief Frank Benaderet, Council agreed to put over
further deliberation of filling the frozen Captain position until the budget hearings, coming up
shortly. Meanwhile, City Manager and Police Chief to give further input to Council on personnel
matters if new facts come to their attention.
RE: COMMUNICATION FROM CITY OF HAYWARD RE OLDER AMERICANS ACT - File 168
Mayor Mulryan asked for Council support re passage of an appropriations bill to assist our older
Americans to remain in their communities.
RESOLUTION NO. 5679 - RESOLUTION SUPPORTING FEDERAL AGING PROGRAMS
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: DISCUSSION OF MARIN-SONOMA MOSQUITO ABATEMENT DISTRICT - File 9-2-9
Councilmember Breiner urged support of continuation of the Marin -Sonoma Mosquito Abatement District.
City Manager Bielser pointed out that the District is not allowed to raise their rate, and while
they will get some bail-out money this year, the District may not get any in the future.
After further discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to
support continuation of Marin -Sonoma Mosquito Abatement District and directed that letters be sent
to both the State and the Marin County Council of Mayors and Councilmen, urging support from the
State level.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Manager also stated that the District has talked about moving to Sonoma, and that there may be
a possibility of providing them with funds in the future from the sale of the land.
RE: REPORT ON McCARTHY/PRIOLO PROPOSED LEGISLATION - File 7-3 x 8-5
Staff report indicated that chances of enactment of this plan are slim; however, it was recommended
that the City Council convey its opposition to the McCarthy/Priolo Plan, to its authors and to our
legislators.
After discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to support
SB -186, which, among other things, provides 1979-80 "bailout" funds to California cities pending
development of a long-term fiscal solution to Proposition 13; and staff was directed to convey that
fact to the State.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: DISCUSSION OF 1980 CITY OF SAN RAFAEL PARADE - File 11-22
Mayor Mulryan requested that a parade be considered for July 4, 1980. After discussion, Council
authorized staff to begin negotiations, with Dennis Jauch, Recreation Director to make initial
inquiries. Council also requested that the Parks and Recreation Commission work on this project and
report back to Council.
The City Council adjourned at 10:15 p.m. to Executive Session to give instructions to Labor Negotiator.
"A&� A ;Z_Z��
NNE M. LEONCIN , City Clerk
APPROVED THIS `t DAY OF&��� , 1979
MAYOR OF THE CITY OF SAN RAFAEL
185
At Dominic's Harbor Restaurant, San Rafael, Monday, May 14, 1979, at 6:30 PM
Special Joint Meeting: Present:
Lawrence E. Mulryan, Mayor
Present:
Clifford S. Lund,
City Council and Dorothy
L. Breiner, Councilmember
Chairman
Planning Commission Fred E.
Jensen, Councilmember
Albert
J. Boro, Member
John A.
Miskimen, Councilmember
Cecilia
B. Bridges,Member
Jack G.
Nixon, Councilmember
Scott Deming,
Member
Donn E.
Nissen, Member
Richard
M. Norman, Member
John A.
Starkweather, Member
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk, Edmund A. Duggan,
City Attorney; Raymond L. Meador, Planning Director and Secretary to the Planning Commission
Mayor Mulryan thanked the Planning Commission for their many hours of work on behalf of the citizens
of San Rafael without receiving any payment, and commended them for their cooperation with the City
Council.
File 9-1 x 9-2-6
Among subjects discussed were:
"U" Zoning - which constitutes approximately 10% of all area within the City.
Need for a master plan in the East San Rafael area encompassing the Holiday Magic property, San
Rafael Cayes property, City -owned property and San Rafael Sanitation District property.
Peacock Neighborhood Plan to be done by John Roberto Associates within a five month time frame.
Plan should be ready for presentation before the Planning Commission within 6-1/2 months.
Loch Lomond Marina - Dan Coleman Associates have been hired to prepare plans.
Sun Valley Slope - Decision needs to be made to acquire property for open space; otherwise,
there will be building going on at the lower reaches of the property but not the upper
reaches.
Water -oriented Subcommittee - Planning Commission Chairman Lund proposed that a committee to
consist of 2-3 members of the Planning Commission and 2-3 members from the public, be formed to
study current problems, including the possibility of a marina in the East San Rafael area.
GEMCO and Auto Sales Park - Approximately 10 automobile dealers are interested in forming an auto
park, if the proper site can be found. Depending on the outcome of the GEMCO proposed develop-
ment, this site may be considered for an auto park, in conjunction with acquiring adjacent
property.
Activity in Terra Linda, including property of New Jersey Trust, Velvet Turtle Hill, Professional
Center Parkway, Smith Ranch, Silveira Ranch, Fireman's Fund, Systems Applications, Inc. property,
Pell Hill and Debra Homes properties. City awaiting completion of the Terra Linda Valley Traffic
Study before finalizing any of these projects or even considering some of them.
It was pointed out that City is understaffed in trying to handle all of the items talked about.
Also discussed was the problem of property deterioration in neighborhoods and the fact that the
Property Maintenance Ordinance was beginning to be enforced by the Code Enforcement Officer.
After discussion, it was the consensus of the meeting that the most important items to go forward at
the present time are:
Hiring of Dwight Winther and Associates to do a land use study plan for the East San Rafael
area.
Formation of a Water -oriented subcommittee to study current problems, including the possibility
of a marina in the East San Rafael area, committee to consist of 2-3 Planning Commissioners and
2-3 members from the public.
Both Mayor Mulryan and Planning Commission Chairman Lund stated they felt this had been the most
productive joint meeting either had ever attended.
Meeting adjourned to the next regular meeting of the City Council on May 21, 1979.
J M. LEONCINI, ity Clerk
APPROVED THIS 18-&t DAY OF 1979
MAYOR OF THE CITY OF SAN R AEL
In the Council Chambers of the City of San Rafael, Monday, May 21, 1979, 8:00 P.M.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
RE: SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARD - File 102
Mr. Bryce Anderson made a presentation of the San Rafael Centennial Youth Award to Ann Kelly of San
Rafael High School in the form of a $150 scholarship for her contribution to the community in
preparing a guide to the Marin Civic Center, for her participation in school activities and her
participation in the Marin Youth Orchestra including helping to put on programs to raise funds to
help defray costs for the Orchestra's trip to Vienna this summer. Certificates were also presented
to the students who were runners-up, all of whom had received serious consideration for the award
because of their community service activities.
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items:
Item Recommended Action
Claim for Damages - Ron Birmingham
File No. 3-1-395
Claim for Injuries - Steve J. Johnson
File No. 3-1-403
Communication from Lee Miller re Proposed
Educational Quiet Recreational Area - File 9-2-4
Relinquishment of Lucas Valley Road Interchange
Frontage Roads to City, North Redwood Drive
Filp a -R -9n
Report on Bid Opening - Exterior
Painting of Fire Stations Nos. 4 & 5
File 4-1-281
Communication from Marin County Velodrome
Association - File 9-3-30 x 9-5V
Approved R. L. Kautz Co.
recommendation for denial.
Approved R. L. Kautz Co.
recommendation for denial.
Referred to Parks and
Recreation Commission.
Accepted report.
RESOLUTION NO. 5681 - AWARD OF CONTRACT -
EXTERIOR PAINTING OF FIRE STATIONS NOS.
4 AND 5 (To: Kunst Brothers Painting Con-
tractors Inc. - Bid Amount - $10,005)
Approved request (Bicycle race to be held
only on June 10th at Civic Center parking
lot & portion of Civic Center Drive).
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION BY PORTO BELLO ASSOCIATION, MS. JANE
BRENNAN, REP.; ED79-19 - SIX TWO-BEDROOM DWELLING UNITS FOR MARIN YACHT CLUB; 210-230 PT. SAN PEDRO
RD. & 24 SUMMIT AVE.; MARIN YACHT CLUB, OWNER; BRENT DICKENS, REP.; AP 9-031-10 (PTN) & 09 &
9-032-10 - File 10-5 x 5-1-251 x 10-5
AND
REZONING - Z79-6 - MARIN YACHT CLUB PROPERTY; 210-230 PT. SAN PEDRO RD.& SUMMIT AVE.; AP 9-031-9, 10
AND 9-032-10; FROM: U & R-1 UNCLASSIFIED AND SINGLE FAMILY RESIDENTIAL DISTRICTS TO: P -D PLANNF
:a
- ri e 5-1-L51
Mayor Mulryan declared the public hearing opened and stated that the appeal being made by Ms. Jane
Brennan involves the setback between her property and Marin Yacht Club's proposed project.
At this point Councilmember Breiner asked that she be excused from any involvement with this project
on advice of Assistant City Attorney Bullard, as she had participated as a Planning Commissioner in
the consideration of the project.
Ms. Jane Brennan, President of the Porto Bello Association Board of Members, then spoke, requesting
that the planned 14' minimum distance of the new Marin Yacht Club structures from Porto Bello's
boundaries be increased to 30 feet, because the 14' minimum distance would significantly infringe on
the privacy, view, and other amenities of eight residences of Porto Bello. She felt that the
distances between the Marin Yacht Club units could be diminished to achieve increased setback from
Porto Bello. She also asked that they be moved east to allow more water view for Porto Bello
residences.
Mr. Bud Weisenburg spoke, requesting that all the old pilings be pulled out by the Yacht Club, that
no docking be allowed on the property, and that a condition of approval be that the units would not
be for sale, but would be retained by the Yacht Club for their members to rent or lease.
187
Mayor Mulryan then asked Planning Director Meador if the Yacht Club had represented to the City that
they would not sell these units.
Mr. Richard Tarrant, representative for Marin Yacht Club property, asked to be allowed to answer
that question. He stated that this representation had never been made to Council and pointed out
that Marin Yacht Club would have to come back before the Council for any such approval as well as
going before the Department of Real Estate to get their approval before any of the six units could
be offered for sale. He said that the plan of the Yacht Club to date is that they hope to be able
to lease these units with some plan to allow recovery of their cost in value to individual members
of the Yacht Club, perhaps by running a lottery because there may be such a demand among the members
of the Yacht Club for these units. He went on to add that there would be no subdivision of this
property until the Allardt's Canal controversy is resolved, either by litigation or by agreement
with the City and the State. Also, a compromise agreement had been reached whereby none of the
units would be offered for lease in excess of two years.
After further discussion, Mayor Mulryan declared the public hearing closed.
Councilmember Jensen then moved and Councilmember Miskimen seconded to certify the EIR, approving
the six units as presented.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner
An Ordinance 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 So As To Reclassify Certain Real Property From U
and R-1 (Unclassified and Single Family Residential) District to P -D (Planned Development) District
(Marin Yacht Club Property) and numbering Charter Ordinance No. 1333, was read, introduced, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner
RE: PUBLIC HEARING - REZONING - Z79-2 - 1615 FRANCISCO BOULEVARD; AP 9-010-26; FROM
DISTRICT TO: P -D PLANNED DEVELOPMENT); INITIATED BY CAL-PDX, INC.; BRUCE BERNHARD,
U (UNCLASSIFIED
- File 10-3
Councilmember Nixon excused himself from participation in this item due to possible conflict of
interest.
Mayor Mulryan declared the public hearing opened.
Planning Director Meador recapped the staff report, stating this was a zoning request that would
create a light industrial park in the area known as the San Quentin Disposal site, which would be
similar in nature to the Bahia Industrial Development. Permitted uses would include retail and
administrative professional buildings. Mr. Meador stated that the applicant, Planning Commission
and Planning staff were in agreement on all issues with the exception of the parking standards
requirements. Staff is recommending that the current parking restrictions be imposed on the devel-
oper, but only until a better formula has been worked out, because staff believes the standards are
presently too high for this area. However, staff feels the Bahia standards would not be appropriate
either as they are too low, so that a compromise should be worked out.
Mr. Bruce Bernhard asked that the standards be changed for the office building as proposed to
1 parking space for each 300 square feet, similar to Bahia. He stated the current Zoning Ordinance
requires 1 parking space for each 200 square feet. At this point Mr. Bernhard pointed out the
parking survey which he had provided to the Council, which indicated several public agencies within
Marin County who used 1 parking space for each 250 square feet. He stated he would be willing to
compromise and use 1 parking space for each 250 square feet. He also mentioned another part of the
Zoning Ordinance which requires 3 parking spaces for 4 employees, saying that he had spoken at
length with Mr. Meador regarding this; however, he would discuss this at a future time when the
Zoning Ordinance is revised.
Councilmember Breiner asked that automobile repair uses not be allowed in this development due to
their parking and congestion problems and because there are sufficient automobile repair shops
presently within San Rafael.
After further discussion, Mayor Mulryan declared the public hearing closed.
An Ordinance 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 So As To Reclassify Certain Real Property from U
(Unclassified) District to P -D (Planned Development) District (1615 Francisco Boulevard) and number-
ing Charter Ordinance No. 1334, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
ABSTAINED COUNCILMEMBERS: Nixon
Council informed developer that the current parking restrictions would apply to his development,
subject to possible revision of the parking standards. Staff was requested to work on draft of a
Parking Standards Ordinance for presentation at a future public hearing.
•
RE: APPEAL OF PLANNING COMMISSION DECISION - s78-18 - FOUR LOT SUBDIVISION WITH CONDITIONAL
EXCEPTIONS: GLEN PARK AVE. & DOMINICAN DR.; CHARLES BAUMBACH & JIM REED, OWNERS, LELAND H. JORDAN,
REP.; AP 15-250-44; CEQA: POT. IMP. WB --File 5-1-252
Councilmember Breiner excused herself from any participation on advice of Assistant City Attorney
Bullard, as she had participated as a Planning Commissioner on this item.
Mayor Mulryan declared the public hearing opened.
Assistant City Attorney Bullard noted that the Planning Commission denied this project on two bases;
primary basis for denial was that applicant and the Public Works Department could not agree on the
drainage improvements the Public Works Department felt were necessary to accommodate not only the
small subdivision that was being proposed, but would take care of the development of the entire
parcel of property. Secondly, applicant did not agree with planning requirement that the entire
piece of property should be master planned.
Since the time the appeal was lodged, and since the time the staff report was submitted, the appli-
cants have indicated by letter to staff their willingness to comply with the storm drainage system
requirements that the Public Works Department will require as a condition of approval of this
subdivision.
Also, since this piece of property had not been properly zoned as a P -D (Planned Development), the
City has no legal grounds upon which to deny the Tentative Map at this time. However, the developer,
through his attorney, has indicated his willingness to commit the balance of the property to a
Master Plan, so the City may wish to commence rezoning for the balance of this property so it can be
master planned.
Mr. Leland Jordan, Attorney for the developer, stated he agreed with Mr. Bulard's comments, and that
they would proceed with the construction of the downstream drainage improvements which, in the
staff's opinion, will adequately handle runoff to be expected from the entire property, although
there is no proposal to develop the entire property. Additionally, they will apply immediately for
rezoning the remainder of the property to P -D so that it will be studied as a whole (approximately
16 acres).
Mayor Mulryan then declared the public hearing closed.
After discussion, Councilmember Nixon moved and Councilmember Miskimen seconded, to refer the whole
matter back to the Planning Commission for a thorough review, with the request that the item be
brought back to Council at meeting of June 18.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED COUNCILMEMBERS: Breiner
RE: DISCUSSION OF YELLOW CAB COMPANY RATE INCREASES - File 9-9
Finance Director Coleman recommended to Council that the Yellow Cab Company rate increases be
approved, subject to the following conditions: (1) Rates be established at 90¢ for the first
drop, which includes the first 2/10 of a mile. Each additional mile will be $1, charged at a rate
of 2% for each 2/10 of a mile. The waiting time will remain unchanged at $10.00; (2) The new
rates will be effective June 1, 1979; (3) The present policy of selling senior citizen discount
tickets will continue (under this program, $10 worth of tickets may be purchased for $7.50); (4) The
availability of senior citizen discount tickets should be conspicuously displayed in every cab; and
(5) The present level of service will not be diminished.
RESOLUTION NO. 5682 - RESOLUTION ESTABLISHING RATES FOR SAN RAFAEL TAXICABS, INC.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON SALE OF VILLA REAL SURPLUS PROPERTY, OFF BALBOA AVENUE - File 13-14-1
Planning Director Meador stated that the Planning Commission felt the lot was substandard in size
relative to adjacent lots and should remain as open space. City staff analyzed whether the lot was
buildable and came to the conclusion that it could be built upon. Question before the Council is
whether the lot should be sold and when.
City Manager Bielser pointed out that the City over the years has stated the lot would not be sold
for development.
After discussion, Councilmember Nixon moved and Councilmember Jensen seconded, to adopt a position
that the property will not be sold for residential development and referred matter to staff to work
out the arrangements for guaranteeing that residential development will not occur on the site.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: CORRESPONDENCE FROM PG&E RE CONVERSION OF STREET LIGHTS - File 4-4
City Manager Bielser pointed out that conversion of street lights from the existing mercury vapor
street lights to the energy saving high pressure sodium vapor street lights would mean a savings of
189
approximately $50,000 per year in cost to the City. He further stated that PG&E does not want to
sell the street lights to the City.
After discussion, the Council agreed to continue this item to the meeting of June 4th for a public
hearing; meanwhile, Council to observe demonstration area located on Forbes Avenue, San Rafael.
RE: APPOINTMENT OF COUNCILMEMBER AS REPRESENTATIVE TO REDWOOD EMPIRE DIVISION OF THE LEAGUE OF
CALIFORNIA CITIES - File 9-1 x 9-11-1
This item was continued from meeting of May 7, 1979 to allow Councilmember Miskimen, who was prior
representative, to confer with Councilmember Breiner.
Councilmember Jensen moved and Councilmember Nixon seconded, to appoint Councilmember Breiner as
representative to the Redwood Empire Division of the League of California Cities.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1332 - AMENDING THE ZONING MAP, ADOPTED BY REFERENCE BY
SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM
R -1-B-2 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 10,000 SQUARE FEET DISTRICT TO
U UNCLASSIFIED DISTRICT Lourdes Retirement Center, 77 Locust Aver File 10-3
CHARTER ORDINANCE NO. 1332 - An Ordinance of the City of San Rafael Amending the Zoning Map, Adopted
By Reference By Section 14.15.020 of the Municipal Code of San Rafael So As To Reclassify Certain
Real Property From R -1-B-2 (Single Family Residential, Minimum Building Site Area 10,000 Square
Feet) District to U (Unclassified) District (Lourdes Retirement Center, 77 Locust Ave.), was adopted
as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REQUEST FROM CANAL COMMUNITY COUNCIL FOR LEAVE TO PRESENT LATE APPEAL OF PLANNING COMMISSION
DECISION - ED78-115 - FIVE LOT SUBDIVISION SAN RAFAEL BAY PARK); ROBERT H. GREENE, OWNER; OFFICE,
INDUSTRIAL, WAREHOUSE, AND RECREATIONAL COMPLEX; 2175 FRANCISCO BLVD.; AP 9-1.61-22 (formed called
Pt. San Quentin Park) - File 5-1-234
Mayor Mulryan asked representative Gerald Bakerink, Canal Community Council, why the Council should
hear their appeal after almost 6 months.
Mr. Bakerink stated their group had not been notified as a group when this project was discussed
before the Council and approved on January 9, 1979, and they wanted to discuss the merits of the
project further.
Mr. Robert Greene, owner and developer of the property, stated that since the Council's approval of
his project in January 1979, he has paid some $74,557.62 on this property and the site improvements
are well underway. He further stated that they will be up for approval of their project before BCDC
shortly, and had already gone through the City's planning process.
After discussion, Councilmember Jensen moved and Councilmember Miskimen seconded, to deny the
request to present late claim.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
RE: REQUEST FROM SHARRON BAKER TO DISCUSS THE ADOPTION OF AN ORDINANCE TO PROTECT NON-SMOKERS'
RIGHTS - File 13-4
After hearing Ms. Sharron Baker's presentation, Council requested that the City Attorney's office
work with Ms. Baker on drafting of an Ordinance similar to one adopted by the City of San Diego; to
also include prohibition of smoking in restaurants. A public hearing will be held at the July 2,
1979 meeting to allow input from interested San Rafael businesses and residents.
RE: REPORT ON CURLEY CLAIM FOR STORM DAMAGE - 8 DIAS WAY - File 3-1-416 x 9-3-40
A Claim for Damages has been received by the City relative to storm damage which occurred during a
very heavy storm on February 13, 1979 and was caused by the blockage of an existing storm drain pipe
by a washdown of debris. The Curley residence at No. 8 Dias Way incurred damage as well as two
adjacent residences. These properties are subject to being flooded out any time this pipe becomes
blocked.
After discussion, Councilmember Breiner moved and Concilmember Jensen seconded, to approve staff's
recommendation for the construction of an overflow channel over the Curley property at City's
expense and authorized staff to negotiate an agreement with the property owner for a storm drainage
easement.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19®
RE: DISCUSSION OF REQUEST OF PLANNING COMMISSION FOR APPOINTMENT OF WATER ORIENTED USE COMMITTEE -
Pilc Q -7-F
Council continued item for 30 days and instructed staff to prepare a statement of the goals and
policies of such a committee.
RE: AMENDMENT TO 1978-79 BUDGET AND SETTING DATES FOR BUDGET HEARINGS - File 8-5
RESOLUTION NO. 5683 - RESOLUTION AMENDING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL
YEAR JULY 1, 1978 - JUNE 30, 1979, AS APPROVED IN RESOLUTIONS 5521 AND 5662,
AND ESTABLISHING A RETIREMENT TRUST FUND ($1,000,000 additional appropriation
for the unfunded retirement obligation)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council agreed to discuss budget hearing dates at a later time.
The City Council adjourned at 10:00 p.m. to Executive Session to discuss property acquisition and
labor negotiations.
At the end of the Executive Session, Council reconvened and agreed that budget hearings would be
set for June 11 and 14, 1979 at 7:30 p.m. and, if needed, July 9, 1979.
The City Council then adjourned to the next regular meeting on Monday, June 2, 1979.
APPROVED THIS 194,-t DAY OF1979
MAYOR OF THE CITY OF SAN RAFAEL
** ** ** ** ** ** ** ** ** ** ** ** ** **
In the Council Chambers of the City of San Rafael, Monday, June 4, 1979, 8:00 P.M.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
Jack G. Nixon, Councilmember
Absent: Lawrence E. Mulryan, Mayor
John A. Miskimen, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item Recommended Action
Approval of Minutes of May 7, 1979 Meeting Approved as submitted.
Claim for Damages - Kristi V. Lee Andresen, Approved R. L. Kautz Co.
File No. 3-1-411 recommendation for denial.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: AGREEMENT WITH PG&E FOR INSTALLATION OF STREET LIGHT - 66 TREEHAVEN DRIVE - File 4-4
Acting Mayor Jensen pointed out that agreement should be changed to provide that upon completion of
the installation, ownership of the pole should be vested in City of San Rafael, and staff agreed.
RESOLUTION NO. 5684 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH PG&E FOR INSTALLATION
OF A STREET LIGHT ON TREEHAVEN DRIVE, SAN RAFAEL, CALIFORNIA (As revised, to
show ownership of pole shall be vested in City of San Rafael)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensenn
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
191
RE: PUBLIC HEARING - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING A DRAINAGE AND SLOPE EASE-
MENT ON LOT 31, GLENWOOD FOREST UNIT ONE, 256 Knight Drive - File 2-12
Acting Mayor Jensen declared the public hearing opened.
Public Works Director Caillouette stated this is an existing drainage and slope easement that was put
on many years ago and is no longer necessary.
There being no public input, Acting Mayor Jensen declared the public hearing closed.
RESOLUTION NO. 5685 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING A DRAINAGE AND SLOPE
EASEMENT ON LOT 31, GLENWOOD FOREST UNIT ONE, SAN RAFAEL, CALIFORNIA (256 Knight
Drive)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: PUBLIC HEARING - RESOLUTION ORDERING VACATION OF A PORTION OF REDWOOD HIGHWAY BETWEEN WILLOW
AVENUE AND THE SOUTHBOUND OFF -RAMP FROM HIGHWAY 101, SAN RAFAEL, CALIFORNIA - File 2-12
Acting Mayor Jensen declared the public hearing opened.
Planning Director Meador stated that when the Sizzler Restaurant was approved, a request was made to
vacate a portion of Redwood Highway south of Willow Avenue, so it could be used for landscaping and a
delivery driveway. Request was made by Mr. Shaun Wilshire, owner of the Wilshire Towers property.
Since that time, the San Rafael Meadows Homeowners Association has requested, and staff agrees, that
the vacated area should be used only for landscaping. Mr. Meador pointed out that Mr. Wilshire is
agreeable to looking at a different arrangement to see if appropriate turning radius can be achieved
on the back of his property for delivery trucks, and that resolution be adopted subject to these
negotiations by staff.
There being no public input, Acting Mayor Jensen declared the public hearing closed.
RESOLUTION NO. 5686 - RESOLUTION ORDERING VACATION OF A PORTION OF REDWOOD HIGHWAY BETWEEN WILLOW
AVENUE AND THE SOUTHBOUND OFF -RAMP FROM HIGHWAY 101, SAN RAFAEL, CALIFORNIA
(For landscaped area only, subject to staff negotiations)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: PUBLIC HEARING - REPLACEMENT OF EXISTING STREET LIGHTS WITH HIGH-PRESSURE SODIUM VAPOR LIGHTS
THROUGHOUT THE CITY OF SAN RAFAEL - File 11-4 x 4-4
Acting Mayor Jensen declared the public hearing opened.
City Manager Bielser pointed out to the Council that the current annual street lighting bill is
approximately $500,000 and at Council's direction, staff had been pursuing the possibility of purchas-
ing the street light system to cut down on costs. However, PG&E does not wish to sell the system
voluntarily, and after discussion about how the City could cut down on cost, PG&E suggested replacement
of existing street lights with high-pressure sodium vapor lights.
Mr. Frank Armstrong, District Marketing Supervisor, PG&E, then spoke about the energy saving high-
pressure sodium vapor lights, stating there would be approximately a 50% saving of energy as com-
pared with the mercury vapor lights currently in use.
Councilmember Breiner stated she had asked Mr. Armstrong earlier if there would be as much illumina-
tion with the high-pressure sodium vapor lights as with the mercury vapor lights, and that he had
assured her that there would be.
Mr. Armstrong further stated there would be a reduction in cost of approximately $42,500 per year
with the new lighting system.
Mr. Harry Winters, representative of the West End Neighborhood Association, requested that the City
look at a few small areas, among them Santa Margarita where it leaves Fourth Street and goes up
about three blocks, with the idea of not converting these few areas. He also requested that any
new development have the light standards spaced somewhat the same as they are spaced in the older
areas, and that high-intensity lights would not be used.
There being no further input, Acting Mayor Jensen declared the public hearing closed.
Councilmember Breiner moved and Councilmember Nixon seconded, to approve conversion of the street
lighting system to the high-pressure sodium vapor lights, with the proviso that where there are
special areas, such as the Santa Margarita area and others in the City, that PG&E give special
attention to those areas, and in some cases not even convert them at all; also heed the suggestion
on spacing and wattage of newly installed lights.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
192
RE: REPORT ON LOT - VILLA REAL - File 13-14-1
City Manager Bielser stated he had received letters suggesting that the smaller of the two parcels
be granted back to an adjacent property owner, Mr. and Mrs. George W. Scott. He stated the only
problem with this would be that it would take away access for public utilities, so if Council
decided to deed this property, the City should retain an easement over it for access purposes.
Council was not inclined to relinquish either parcel to adjacent property owners.
RESOLUTION NO. 5687 - RESOLUTION DECLARING CERTAIN PROPERTY AS OPEN SPACE AND AUTHORIZING REIMBURSE-
MENT FROM THE OPEN SPACE FUND TO THE GENERAL FUND (Lot - Villa Real)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
At the suggestion of Mr. Scott, Council unanimously agreed to provide a gate on property to allow
access by City vehicles only.
RE: REPORT ON ACQUISITION OF OAK HILL - TERRA LINDA AREA - File 13-14-1 x 4-13-45
City Manager Bielser stated this is a proposed settlement worked out in inverse condemnation proceed-
ings. Attorney Robert Anderson has represented the City in these proceedings. The proposed purchase
price is $450,000, to be financed as follows: San Rafael Open Space Funds - $200,000, CSA #23 Open
Space Funds - $200,000, and San Rafael General Fund $50,000; with a further condition that at least
five lots be created for sale at the end of Sao Augustine Way and Estero Way to recoup a portion of
the purchase price for this property.
RESOLUTION NO. 5688 - RESOLUTION APPROVING STIPULATION FOR SETTLEMENT OF ACTION AND FOR JUDGMENT OF
DISMISSAL AND ENTRY THEREOF IN THE ACTION ENTITLED, "ROSE FREITAS ROSE, ET AL.,
PLAINTIFFS, vs. CITY OF SAN RAFAEL, ET AL., DEFENDANTS", MARIN COUNTY SUPERIOR
COURT NO. 73586, AUTHORIZI997RE MAY RTO EXECUTE SAID STIPULATION FOR AND ON
BEHALF OF THE CITY OF SAN RAFAEL AND AUTHORIZING THE PAYMENT OF THE SUM OF MONEY
SET FORTH IN SAID STIPULATION FOR THE ACQUISITION OF THE PROPERTY KNOWN AS
OAK HILL
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
Councilmember Nixon moved and Councilmember Breiner seconded, to appropriate funds as recommended
by staff.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
Councilmember Nixon moved and Councilmember Breiner seconded, to stipulate that purchase is made
based on creating five lots for resale at the end of Sao Augustine Way and Estero Way to recoup a
portion of the purchase price for this property.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: REPORT ON RETIREMENT ACTUARIAL STUDY - File 7-1-26
Council heard presentation by Mr. John Barton of Martin E. Segal Company. Council asked that another
presentation be made when all members are present, and that staff provide a one-page summary of the
lengthy report submitted by consultant. Councilmember Nixon also asked that an item be placed on the
Agenda relative to proposed changes in benefits to be provided to employees.
RE: REPORT ON APPLICATIONS FOR COMMISSION VACANCIES
a. Fire Commission - File 9-2-5
Councilmember Nixon moved and Councilmember Breiner seconded, to appoint Mr. Leonard Fisher to serve
on the Fire Commission until March 1983.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
b. Parks & Recreation Commission - File 9-2-4
Council agreed to hold interviews on Monday, June 11, 1979 at 7:15 p.m., prior to Special Council
Meeting -Budget Hearing, as there are two applicants applying for one vacancy.
RE: PRELIMINARY PLANS - DAVIDSON SCHOOL SITE - File 4-7-8
City Manager pointed out to the Council that $100,000 has been appropriated in the 1979-80 Budget
for improvement of the Davidson School site. He stated that Recreation Director Jauch had met with
the Parks and Recreation Commission, the School Baord and parents' groups and all agree the project
should proceed as quickly as possible. Staff then requested authorization to hire the firm of
Coleman, Selmi and Wright to prepare detailed design plans and bidding documents so that the project
may go to bid early in July 1979.
193
Public Works Director Caillouette stated that if the project were bid in July, the grading and drainage
work could be done by the middle or end of September. He also stated that the turfed area would be
approximately 150' x 300' in size and would probably not be ready for use until early next year.
Acting Mayor Jensen stated there should be a definite limit placed on the amount to be paid to the
consultants.
Councilmember Breiner moved and Councilmember Nixon seconded, to hire the firm of Coleman, Selmi
and Wright and proceed to bid.
AYES: COUNCILMEMBERS: Breiner and Nixon
NOES: COUNCILMEMBERS: Acting Mayor Jensen
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
Acting Mayor Jensen then pointed out that an award of this type must be done by adoption of a
resolution.
City Manager Bielser then suggested setting a limit of 6% maximum fee for engineering work to be
done, and Councilmember Breiner amended her motion accordingly.
RESOLUTION NO. 5691 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(With Coleman, Selmi & Wright for Engineering Services for Davidson
School Site - Fee - 6% Maximum of Project Cost)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: ELM TREE PROGRAM - FINAL REPORT - File 9-3-40
Public Works Director Caillouette recommended to Council that they approve Dr. Pavel Svihra's
recommendations for an elm management program in San Rafael and that staff be authorized to proceed
with the tree chemical injection project proposed, with the City to pay the cost of the program.
Councilmember Breiner stated that she had spoken with Dr. Svihra regarding the toxicity of the
chemical to be used and was assured by him that the chemical was very safe.
Councilmember Nixon then moved and Councilmember Breiner seconded, to approve staff's recommendation
as presented.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: FINAL ADOPTION - ORDINANCE NO. 1333, AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 1 .15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM U AND R-1 UNCLASSIFIED AND SINGLE FAMILY RESIDENTIAL
DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT Marin Yacht Club Property) - File 5-1-251
CHARTER ORDINANCE NO. 1333 - An Ordinance 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 So As To
Reclassify Certain Real Property From U and R-1 (Unclassified and Single Family Residential)
District to P -D (Planned Development) District (Marin Yacht Club Property), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: FINAL ADOPTION - ORDINANCE NO. 1334, 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 SO AS TO RE-
CLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT
1615 Francisco Boulevard - File 10-3
CHARTER ORDINANCE NO. 1334 - An Ordinance 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 So As To
Reclassify Certain Real Property From U (Unclassified) District to P -D (Planned Development)
District (1615 Francisco Boulevard), was adopted as an Ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: REPORT ON SB 958 - File 9-3-61
Mr. Lyman McBride, representative of the Library Board of Trustees, urged the Council to support
Senate Bill 958, which in principle would provide funding for all public libraries in California at
$7 per capita.
RESOLUTION NO. 5689 - RESOLUTION ENDORSING THE PRINCIPLES OF SENATE BILL 958 PROVIDING LONG-
RANGE STATE AND LOCAL FUNDING FOR PUBLIC LIBRARIES
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
194
RE: REQUEST FROM RICHARD GODINO RE LOCATION OF SANITATION PLANT IN SAN RAFAEL - File 12-7
Council agreed to continue this item to a future date at the request of Mr. Richard Godino.
RE: DISCUSSION OF LAND USE PLANNING PRIORITIES - File 9-3-83 x 9-2-6
After discussion, Councilmember Nixon moved and Councilmember Breiner seconded, that staff complete,
in order of priority, the Parking Standards and Density Projection Technique elements of the Zoning
Ordinance; to a lesser degree the Light Industrial District element and the question of Unclassified
Zones.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
Community Projects Coordinator Hotchner was also asked to complete the draft of the Property Mainte-
nance Ordinance Information Brochure by Friday, June 8th.
Councilmember Breiner also asked that legal staff check to make sure Gerstle Park Neighborhood Plan
is complete.
RE: REPORT ON SELECTION OF AUDITORS - File 8-1
Councilmember Nixon moved and Councilmember Breiner seconded, to adopt staff's recommendation to
have the accounting firm of Sleezer & Eckhoff perform the 1978-79 audit for the City at a total
cost of $11,100, covering City - $6,200, Parking District - $1,700, and Redevelopment Agency -
$3,200. The $11,100 is a 6.7% increase over last year's cost of $10,400.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
RE: REPORT ON BIDS:
a. Sewer and Catch Basin Cleaner - File 4-2-138
Held over adoption of resolution until next meeting to allow Councilmember Jensen to confer with other
agencies who have used a Peabody -Meyers -Ford Hydroflusher to get their reaction re use of this model.
b. Street Sweeper - File 4-2-139
RESOLUTION NO. 5690 - RESOLUTION AUTHORIZING THE PURCHASE OF A FOUR -WHEELED STREET SWEEPER UTILIZING
EQUIPMENT REPLACEMENT FUNDS (From Nixon Egli Equipment Co. of Hayward, low bid
in amount of $45,740)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
ADD ITEM:
RE: CALL FOR AN EXECUTIVE SESSION
Council called for an Executive Session to be held at the end of the Special Budget Hearing Meeting
on June 11, 1979, to give instructions to Labor Negotiator.
The City Council adjourned to Executive Session to give instructions to Labor Negotiator.
APPROVED THIS
DAY OF 1979
195
In Room 201 in the City Hall of the City of San Rafael, Monday, June 11, 1979, at 7:30 PM
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: REVIEW OF PRELIMINARY BUDGET, FY 1979/80 - File 8-5 x 8-5-1
The Council met for the first hearing on the 1979/80 Fiscal Year budget, and heard a budget message
from City Manager Bielser, covering the general philosophy of the budget as it involves long-range
planning and day-to-day operations. The budget message pointed out that the Paramedic Program is
a new budget item, the result of a voter approved special assessment of $12.00 per living unit; the
program will hire six paramedics who will provide on-site emergency care and advanced life support.
A specially equipped ambulance will be used in the program.
The Council then considered the individual budgets and it was moved, seconded and carried that the
City Council's budget be approved at $24,799, as proposed.
It was then moved, seconded and carried that the City Clerk's budget be approved at $49,153, as
proposed. This included approval of $550 for the first year of a three-year Continuing Education
for Public Officials program; City Clerk working toward becoming a Certified Municipal Clerk.
The City Attorney's requests for $900 for a vehicle for the Assistant City Attorney, and $3,900 for
temporary legal help were disapproved. It was moved, seconded and carried that the City Attorney's
budget be approved at $58,499.
The Council reviewed a list of vehicles assigned for use by the various staff members and employees.
Mayor Mulryan questioned the reason for not having City seals on all cars and the City Manager ex-
plained the necessity for certain City vehicles being unmarked. He stated that he would comply with
the Council's wishes regarding which cars should have seals. The Council then requested that Mr.
Bielser make a vehicle use survey of assigned cars and present it to them for determination as to
which individuals should still have assigned cars and which should draw on the motor pool. A final
decision on a vehicle for the Assistant City Attorney is to be deferred until a decision is made on
the entire list. The Council intends to adopt a firm policy on vehicle use.
It was moved, seconded and carried that the City Manager's budget be approved as proposed, for a
total of $92,327. The Council questioned the assignment of a vehicle to the Assistant to the City
Manager, and was informed by the City Manager that in some cases, including this instance, an as-
signed vehicle was a negotiated item at time of hire. He also pointed out that a car had been
assigned to the former Assistant City Manager, Mr. Ray Meador, and that when he became Planning
Director, the Assistant to the City Manager, Mr. Craig Luedeman, was assigned the car. The City
Manager stated that in a case like this one, he would recommend an auto allowance if the car is
taken away.
It was moved, seconded and carried that the Personnel Department budget be approved as proposed, for
a total of $15,131. The City Manager pointed out that additional savings are realized by utilizing
the services of Assistant to the City Manager Luedeman, acting in the capacity of Personnel Direc-
tor. In connection with Personnel, it was noted by the City Manager that in view of the imminent
termination (many in September of this year) of CETA employees who have been performing in essential
positions, a number of departments' budgets include requests for hiring of permanent employees to
perform their tasks.
It was moved, seconded and carried that the Finance Department budget be approved as proposed, for
a total of $105,853. Finance Director Coleman pointed out that there is no change in fulltime per-
sonnel, but a request for temporary help is included. He explained that the Steno Clerk II from
the City Clerk's office has been spending two hours per day in the Finance Department since the
Cashier Clerk I position in his office was eliminated last year. This arrangement would be ter-
minated in July and temporary help substituted.
Council agreed to review the assignment of a vehicle to the Finance Director.
It was moved, seconded and carried that the Library budget be approved as proposed, for a total of
$278,109.
After discussion Councilmember Jensen moved and Councilmember Breiner seconded, to consider an ad-
ditional $1,065 yearly cost to upgrade the maintenance of the Library, and also an approximate $800
for steam cleaning the carpet.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
James Mayer, Chairman of the Library Board, asked the Council to consider a security system for the
Library building.
It was moved, seconded and carried that the Public Works Department budget be approved as proposed,
for a total of $1,638,258. Breakdown of the divisions is as follows: Administration/Engineering,
196
$240,870; Street Maintenance, $688,501; Street Cleaning, $42,891; Street Painting, $40,569; Storm &
Sanitary Sewers, $93,366; Street Trees & Islands, $162,393; Parks, $231,814; Land Development,
$124,629; San Rafael Sanitation District, $2,900; and Weed Abatement, $10,325.
It was moved, seconded and carried that the General Services budget be approved as proposed, for a
total of $468,823. Breakdown of the divisions is as follows: Central Services, $85,778; Building
Maintenance, $70,240; Electrician, $29,068; and Garage, $283,737.
It was moved, seconded and carried that the Parking District budget be approved as proposed, for a
total of $75,528.
The City Council adjourned to the second budget hearing on Thursday, June 14, 1979.
APPROVED THIS DAY OF 1979
YOR OF THE CITY OF SAN RAFAEL
In Room 201 and later in the Council Chambers of the City Hall of the City of San Rafael, Thursday,
June 14, 1979, at 7:30 PM
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
(Arr. 7:45 PM)
Absent: Dorothy L. Breiner, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk
RE: APPOINTMENT OF PARKS & RECREATION COMMISSION MEMBER - File 9-2-4
Prior to the budget hearing which commenced at 7:30 PM, the City Council met at 7:15 PM to interview
Norah Sharpe Freitas, applicant for a vacancy on the Parks and Recreation Commission.
Councilmember Jensen moved and Councilmember Miskimen seconded, to appoint Norah Sharpe Freitas to
fill the unexpired term of Jane Teitelbaum who resigned from the Parks and Recreation Commission
upon election to the San Rafael Board of Education. The term will expire in October of 1980.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: REVIEW OF PRELIMINARY BUDGET, FY 1979/80 - File 8-5 & (R-150)
The Council then met for the second hearing on the 1979/80 Fiscal Year budget, and considered the
scheduled budgets.
The Council discussed the Planning Department workload and schedule with Planning Director Meador.
During discussion Mayor Mulryan recommended deletion of the Community Projects Director position and
City Manager Bielser recommended that if this were approved an additional Associate Planner position
be authorized, resulting in a savings of approximately $15,000 per year. Council members present
agreed that this would be their course of action.
It was then moved, seconded and carried that the Planning Department budget be approved at $200,775,
as proposed. Councilmember Nixon had arrived during discussion and before the vote.
It was moved, seconded and carried that the Recreation Department budget be approved at $77,656, as
proposed. Recreation Director Jauch pointed out that Recreation is one of the departments with
janitorial personnel whose CETA programs will be terminated this Fall, and that is the reason for
his request for a janitorial position to be added.
It was then moved, seconded and carried that the Falkirk budget, under the direction of the Director
of Recreation, be approved at $27,818, as proposed. Recreation Director Jauch was requested by the
Council to include a breakdown in next year's program budget, of the revolving funds and actual
receipts and expenditures, in order to present a clearer picture of the department's fiscal status.
The report is to also include a breakdown of specialists' and instructors' salaries, and should
include not only Falkirk programs but also Recreation programs.
It was moved, seconded and carried that the Community School (Bahia Vista) budget, also under the
Director of Recreation, be approved at $26,585 as proposed.
It was moved, seconded and carried that the Fire Department budget be approved as proposed, for a
total of $2,156,086. Breakdown is as follows: City Protection, $1,709,038, County Service Area
#19, $233,551; and Paramedics, $213,497.
197
It was moved, seconded and carried to approve the Police Department budget as proposed, for a total
of $1,789,438. Breakdown is as follows: Administration, $372,874; Investigations, $261,049; and
Uniform Division, $1,155,515. The approval included deletion of a Captain's position in Administra-
tion, and the addition of four patrolmen and one telephone operator.
During discussion of the Police Department budget, Councilmember Jensen requested that the depart-
ment run a check on licenses for commercial vehicles being used within the City of San Rafael. He
remarked that this is an excellent source of revenue.
It was moved, seconded and carried that the Nondepartmental budget be approved at $2,936,500, as
proposed. (Councilmember Jensen, who left the meeting during discussion, was absent for the vote.)
Finance Director Coleman was requested by the Council to do a study of Workers' Compensation since
the City went self-insured, and prepare an evaluation for Council information.
It was moved, seconded and carried that the Bond Retirement budget be approved at $372,293 as
proposed. (Councilmember Jensen was absent for the vote.)
It was moved, seconded and carried that the Gas Tax budget be approved at $271,000, as proposed.
(Councilmember Jensen was absent for the vote.)
RE: PUBLIC HEARING - PUBLIC USES OF REVENUE SHARING FUNDS - File 8-5 x 8-9
Mayor Mulryan declared the public hearing opened.
City Manager Bielser requested that the Council consider, under Capital Improvements to be funded by
Revenue Sharing funds, architectural plans for the expansion of the Police Department and City
Hall.
There being no public input, the public hearing was declared closed.
Councilmember Nixon moved and Councilmember Miskimen seconded, to approve the consideration of
expansion of the City Hall and Police Department, and to approve the Revenue Sharing budget includ-
ing the Capital Improvements at $233,000, $179,000 of which is Revenue Sharing funds, with $54,000
in Federal Grant monies.
AYES: COUNCILMEMBERS: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Jensen
ADD ITEM:
City Manager Bielser informed the Council that an item had been overlooked in the Public Works
budget and he requested that it be approved at this time. It involves maintenance of a number of
areas for which the City must take responsibility: Pickleweed Park, Smith Ranch Road, and Bernard
Hoffman School. This also involves one additional custodian and supplies, for a total of $23,114.
Councilmember Nixon moved and Councilmember Miskimen seconded, to approve the addition of $23,114
for the purposes mentioned by the City Manager.
AYES: COUNCILMEMBERS: Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Jensen
(Councilmember Jensen returned to meeting)
RESOLUTION NO. 5692 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE FINAL
BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1979 - JUNE 30,
1980 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET
FORTH IN SAID BUDGET
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
The City Council meeting was adjourned to Executive Session to give instructions to Labor Negotia-
tor.
APPROVED THIS 6-tl DAY OF 1979
In the Council Chambers of the City of San Rafael, Monday, June 18, 1979, at 7:45 P.M.
Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
City Council and Fred E. Jensen, Councilmember/Agency Member
Redevelopment Agency John A. Miskimen, Councilmember/Acting Agency Chairman
Absent: Dorothy L. Breiner, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Others Present: William J. Bielser, City Manager/Executive Director
Jeanne M. Leoncini, City Clerk/Agency Secretary
Edmund A. Duggan, City Attorney/Agency Attorney
RE: PUBLIC HEARING - AGENCY -OWNED PROPERTY AT THIRD & IRWIN STREETS, SAN RAFAEL (FORMER EXXON
PROPERTY) - File R-120 x SRCC File 184
REDEVELOPMENT AGENCY
Acting Chairman Miskimen declared the public hearing opened. There being no public input, the
public hearing was closed.
RESOLUTION NO. 79-30 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION & DEVELOPMENT AGREEMENT
WITH SCOTT-McCALL & CO. (AP 14-123-19 and 20)
AYES: MEMBERS: Jensen, Mulryan and Acting Chairman Miskimen
NOES: MEMBERS: None
ABSENT: MEMBERS: Breiner and Chairman Nixon
RESOLUTION NO. 79-31 - APPROVING COMPLIANCE WITH SEC. 33433 OF THE HEALTH & SAFETY CODE AND
APPROVING DISPOSITION & DEVELOPMENT AGREEMENT WITH SCOTT-McCALL & CO.
AYES: MEMBERS: Jensen, Mulryan and Acting Chairman Miskimen
NOES: MEMBERS: None
ABSENT: MEMBERS: Breiner and Chairman Nixon
CITY COUNCIL
Mayor Mulryan presided.
RESOLUTION NO. 5693 - RESOLUTION OF THE CITY COUNCIL TO COMPLY WITH SECTION 33433 OF THE
CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO SCOTT-McCALL & CO.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
The City Council adjourned to their regular meeting following immediately.
I
JEANN . LEONCINI, City Clerk/Agency Secretary
APPROVED THIS / 6
DAY OF 1979
MAYOR OFTHE CITY OF SAN AFAEL
In the Council Chambers of the City of San Rafael, Monday, June 18, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Dorothy L. Breiner, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items, including the minutes of the special joint meeting with the
Planning Commission on May 14, 1979, which were amended to reflect 24% in lieu of 10% in the item on
"U" Zoning:
Item
Approval of Minutes of May 14 and 21, 1979,
Meetings
Claim for Damages - Robert & Diana Kausen -
File 3-1-401
Claim for Damages - Louise Sousa -
File 3-1-406
Claim for Damages - Matthew Kuchta -
File 3-1-408
Claim for Damages - John MacPhee -
File 3-1-412
Claim for Damages - Donald, Patricia, Daniel
and Catherine Kuchta - File 3-1-421
Approval of Agreement for Improvements -
Baldwin Court - File 5-1-253
Extension of Time - Spinnaker Point
Unit I - File 5-1-238
Report on Bid Opening - Streets and Parks
Maintenance Materials - File 4-2-140
Extension of Time - Redwood Drive Improvements -
File 4-10-112
Extension of Time - Canalways Development
Application - File 4-10-124
Contractual Agreements for Summer School Programs
as Presented - File 4-10-111
Recommended Action
Minutes of May 14 approved as amended,
Minutes of May 21, 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 settlement of claim.
Approved R. L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5694 - AUTHORIZING THE
SIGNING OF AN AGREEMENT WITH BRUNO VENNE,
INC., FOR INSTALLATION OF IMPROVEMENTS
IN BALDWIN COURT
RESOLUTION NO. 5695 - EXTENDING TIME FOR
COMPLETION OF SUBDIVISION IMPROVEMENTS IN
SPINNAKER POINT UNIT I, SAN RAFAEL
(Extended to December 20, 1979)
Authorized Issuance of Purchase Orders to
Low Bidders (Basalt, Shamrock Materials,
& McPhail's)
RESOLUTION NO. 5696 - EXTENDING TIME FOR
COMPLETION OF ROADWAY IMPROVEMENTS ON
REDWOOD DRIVE, SAN RAFAEL (Evangelical
Covenant Church of America - Extended to
May 16, 1980)
RESOLUTION NO. 5697 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT
(W/Stanley Herstein, 90 -day extension
commencing 8/19, if all permit approval
or disapproval by City for zoning change
has not been granted by that date)
Adopted Following Resolutions:
No. 5698 - Jerry Hansen, Tumbling & 5 in 1
Sports Activity;
No. 5699 - Rene Hooper -Peters, Movement
Exploration Classes;
No. 5700 - Thea Evensen, Calligraphy &
Yoga for Kids;
No. 5701 - Carol Somers, Crafts,
Dioramas & Sketching/Drawing;
No. 5702 - Wm. Watts, Creative Drama;
No. 5703 - Susan Clarke, Reading Laboratory
& Language Arts;
No. 5704 - Barbara Goerndt, Basic Science &
Astronomy;
No. 5705 - Joyce Hodge, I Hate English Class
200
Memorandum of Understanding with San Rafael
School District re San Rafael High School
Swimming Pool - File 4-7-13
Joint Powers Agreement between County of Marin,
City of San Rafael, and San Rafael School District
re: Establishing a Sailing Center at McNear Beach
Park - File 4-13-55 x 4-7-12
RESOLUTION NO. 5706 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/San Rafael High School District re Use
of San Rafael High School Swimming Pool)
RESOLUTION NO. 5707 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin & San Rafael School
District re Establishing Sailing Center
at McNear Beach Park)
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: PUBLIC HEARING - REZONING (Z79-7) FROM R-3 & C-2 TO P -D DISTRICT: 302 FOURTH STREET;
AP 14-092-04, 05, 06, 07, 11, 12, 17 and 18 AND A 10 -FOOT DEEP STRIP ALONG THE FRONTAGE OF FOURTH
STREET. INITIATED BY THE SAN RAFAEL REDEVELOPMENT AGENCY REPRESENTED BY PACIFIC UNION DEVELOPMENT
CO. - File 177 x 10-3
Mayor Mulryan declared the public hearing opened.
Council heard a presentation from Thomas Callinan of Pacific Union Development Company, describing
the project as containing 83 units, of which 36 will be one bedroom, 9 will be suitable for handi-
capped in wheelchairs, and 37 will be studio apartments. There will be one additional apartment for
a manager. The complex will contain two elevators, and 23 parking spaces. Mr. Callinan pointed out
that since this project is being funded with Section 8 funds, there should not be a need for addi-
tional parking spaces since the occupants will in most cases not have cars.
There being no further public input, the public hearing was declared closed.
Councilmember Miskimen moved and Councilmember Jensen seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain
Real Property from R-3 and C-2 (Multiple Family Residential and General Commercial) Districts to P -D
(Planned Development) District, (302 Fourth Street), and containing Exhibit "A" with Conditions a
through n, and numbering Charter Ordinance No. 1335, was read, introduced and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
" : PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, BY ROBERT M. LEVY, APPELLANT;
"CAPTAIN'S COVE"; SMITH RANCH ROAD AT YOSEMITE ROAD; DEBRA HOMES, INC., OWNER; CHARLES LINTHICUM,
REP.; AP 155-120-48, _51& Ptn. 52; CEQA: EIR PREVIOUSLY PREPARED (AM)-- File 10-2
Mayor Mulryan declared the public hearing opened.
Hearing was then continued to meeting of July 2, 1979, at request of appellant, Mr. Robert M. Levy.
RE: REPORT ON STATE OF CALIFORNIA BUILDING REQUIREMENTS FOR THE PHYSICALLY HANDICAPPED -
File 4-10-125 x 13-1-1
This item taken out of agenda sequence, to accommodate handicapped spectator)
Council heard a staff report, regarding 36 Professional Center Parkway and its lack of access to
physically handicapped. The report stated that recent legislation at State level requires that all
buildings, new and remodeled, must be accessible to the physically handicapped by use of elevators,
ramps, or other means. The legislation requires that all cities and counties bear the responsibility
to insure that access is being provided, and the City of San Rafael would be accountable under State
law if it did not require this. There is no exception involved, even in hardship cases.
The report further stated that the law firm of Costamagna, Ceccotti & Silveira has offered to post a
$20,000 bond to guarantee completion of handicapped access to their new building within 90 days.
However, the staff recommendation was for a $25,000 bond.
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the staff recommendation
and require the $25,000 bond.
RESOLUTION NO. 5708 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With CINCO Properties for
completion of handicapped access facilities at 36 Professional Center Parkway)
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
201
RE: REPORT ON IMPLEMENTATION OF PARAMEDIC ORDINANCE - File 9-3-31
An Ordinance of the City of San Rafael, Amending Title 3, Finance and Taxation, of the San Rafael
Municipal Code, by Adding a New Chapter, 3.28, Paramedic Service Special Tax, and numbering Charter
Ordinance No. 1336, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: REPORT ON PURCHASE OF SEWER & CATCH BASIN CLEANER (HYDROFLUSHER) - File 4-2-138
RESOLUTION NO. 5709 - RESOLUTION AUTHORIZING THE PURCHASE OF A TRUCK MOUNTED SEWER AND BASIN CLEANER
(HYDROFLUSHER) UTILIZING EQUIPMENT REPLACEMENT FUNDS (From G -C -S, Inc.,
designated as low bidder, $79,140.12)
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
Public Works Director Caillouette was asked to explore the possibility of an arrangement with
Sanitary District 1 and Las Gallinas Valley Sanitary District about sharing the usage on a mutual
benefit agreement.
RE: CORTE MADERA MARSH ECOLOGICAL RESERVE - File 9-2-4
Council heard a presentation by Lee Miller regarding the development of an educational project on
3-1/2 acres of the Corte Madera Ecological Reserve. Mr. Miller stated that the project, consisting
of a lagoon area which would cost approximately $55,000, and would include planting of native trees
and preserve the native wildlife, would be of benefit to the entire area, and therefore he is asking
contributions from all of the cities in the area, of at least $1,000.
The Council informed Mr. Miller that they would endorse the project, but could not contribute any
money at this time. He then asked if the City would send a strong letter of endorsement to the
State Fish and Game Department, and to the neighboring cities. The Council agreed to do so.
RE: REPORT ON BID OPENING - PICKLEWEED PARK RESTROOM - File 4-1-282
RESOLUTION NO. 5710 - AWARDING CONTRACT TO R. WILKINS CONSTRUCTION CO. - PICKLEWEED PARK RESTROOM
FACILITY (For Base Bid less Deductible Alternate No. 2, in the amount of
$66,835.)
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
It was agreed by the Council that the inclusion of a security alarm for the building will be
considered at a later date, when additional funds are available.
RE: REPORT ON NEIGHBORHOOD 13 - File 178
Council considered a staff report in connection with the Council's request to the staff to review
the open space situation in the Sun Valley area. This had been originally brought to the Council by
the Neighborhood 13 Association. Members of the staff analyzed the undeveloped properties which
have potential for development or as open space, and staff is recommending that the City begin
preparation of a neighborhood plan for the area which includes Neighborhoods 13 and 14 (Sun Valley
and Fairhills areas). It was pointed out that there is one parcel in Neighborhood 13 which appears
to be approaching development, and for this reason and the reasons stated above, staff is recom-
mending the following: 1) Adoption of a resolution of intent to prepare a neighborhood plan; 2)
Authorization for staff to call for proposals for development of such a plan; 3) Adoption of an
urgency ordinance which would prevent land division and rezoning during preparation of the neighbor-
hood plan; 4) Request by the City that the County of Marin grant extra territorial jurisdiction to
allow the City to place unincorporated areas as part of the neighborhood plan.
It was noted by the Council that the urgency ordinance cannot be adopted at this time, since it
requires a four-fifths vote and only three councilmembers are present at the meeting.
RESOLUTION NO. 5711 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DECLARING ITS INTENT TO PREPARE
A NEIGHBORHOOD PLAN FOR THOSE NEIGHBORHOODS DESIGNATED 13 and 14 IN THE
1974 GENERAL PLAN
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
In addition, staff was directed to request the County of Marin to grant extra territorial jurisdiction
to allow the City to place unincorporated areas as part of the neighborhood plan.
The item was continued to the meeting of July 2, 1979, when a full Council is expected to be present.
RE: CALL FOR APPLICATIONS - APPOINT BOARD OF REVIEW MEMBERS - File 9-2-12
Council considered a staff report, in which it was noted that two Board of Review members, Paul
Bettini and Fred Saccone, no longer live in San Rafael and therefore are no longer eligible to serve
on the Board of Review.
Staff was requested to screen the recent applications received in connection with commission vacancies,
for potential candidates. Also, the vacancies are to be given publicity.
202
RE: REPORT ON RESIDENTIAL REVIEW PROCESS - File 9-3-83 x 9-2-6
Council considered a joint staff report from Assistant City Attorney Bullard and Planning Director
Meador in which they pointed out that in their study as directed by the Council on insuring compre-
hensive planning for the remaining pieces of undeveloped residential property, several potential
problems were encountered. In one particular case, a 16 -acre parcel which was divided into 3
buildable lots with a fourth parcel approximately 12 acres in size, could be gradually built upon
because of the R-1 zoning as it now stands and could result in serious encroachment into open space
and result in loss of scenic backdrops.
The conclusion of staff is that the only alternative the City now has is to move forward with several
rezonings which would erase the residential classification and institute the "U" zone. The City
could then require a master plan for all of those areas in the future.
Once the ordinance is adopted, staff could then recommend that those properties rezoned to "U" be
rezoned once again to the new residential review zone. It was pointed out that examples of areas
needing such rezoning are Loch Lomond Highlands, Gold Hill Grade, Bret Harte Heights, and Profes-
sional Center Parkway.
Councilmember Miskimen moved and Councilmember Jensen seconded, to direct the Planning Commission to
initiate rezoning in those areas where residential review should be applied.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: ACCEPTANCE OF GRANT AWARD FROM DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT - File 4-13-38 x 147
x 4-10-116
Planning Director Meador briefed his staff report in which he analyzed the implications if the grant
award of $20,750 is accepted from the State of California. The question arose as to the implications
for existing projects which are on file or have been proposed, if the grant award is accepted; what
will be accomplished with the grant award, and in what time period; and what are the implications
for the relationship with the unincorporated areas.
Mr. Meador pointed out that the need for an analysis is evidenced by the findings of the Terra
Linda Traffic Study, which established two major points: 1) If the growth was to proceed at the
level projected, the City faces a $5,000,000 liability with this growth; and based on the City's
past practices and without this study, the funding for such capital improvements would have reverted
back to the City and, thus, each development would have escaped a financial commitment even though
directly contributing to the problem; 2) This second point questions the present assumption that
development should occur on a first-come, first-served basis. By using this approach the City
foregoes the opportunity to view a particular proposal in relationship to other factors such as
traffic, service costs, revenue generated, etc.
The report listed projects which have received all City approvals except building permits, and
projects which have received preliminary approvals but which require further actions, and other
projects not as far along in the process. The staff recommendation is that the projects which have
received all City approvals except building permits, namely Covenant Church, Sizzler Restaurant, and
the 34 condominiums on Professional Center Parkway, be allowed to proceed subject to securing a
building permit. Staff further recommends that those projects which have received preliminary
approvals but which require further actions, namely Debra Homes (Captain's Cove Housing Development),
Fireman's Fund, Systems Applications, Inc., and Ross Valley Hospital, be allowed to proceed upon
completion of the planning process and securing of a commitment to participation in the funding of
traffic improvements.
Mr. Meador pointed out that in connection with approval for existing projects, many people have
made the incorrect assumption that what we are calling for is a general stop growth measure in the
Terra Linda Valley, and that, rather, what staff feels is necessary is to get categories for the
above listed projects. He further reported that he has talked to representatives of Debra Homes,
Fireman's Fund, Systems Applications, and Ross Hospital after circulating copies of the Traffic
Study, and it is his understanding that each one including Debra Homes has agreed to pay into a fair
share allocation of costs in Terra Linda Valley.
Mayor Mulryan asked if those individuals have been approached about paying into whatever formula is
arrived at and agreed to by the Council. Mr. Meador stated that the allocation formula has not yet
been decided upon and defined. The discussion has been regarding a general condition to be placed
on each building, and all involved have agreed in principle to this general condition, even though
an outside limit cannot be set at the present time. Mayor Mulryan suggested that since we are
talking about a $5,000,000 obligation for the first level of improvements recommended by the Traffic
Study it could be divided somewhat along the lines of the average daily trips that these developments
will contribute to the Valley. Mr. Meador agreed that this would be the most logical way of figuring.
He added that $1,500,000 has been factored out, which deals with the Lincoln Avenue Extension which
is considered to be a State project, leaving a $3,500,000 cost allocation to be dealt with.
Attorney Al Bianchi, representing Fireman's Fund and Debra Homes reported that Fireman's Fund has
progressed in the planning process to the extent of the total binding legal contractual commitment
as of June 1st in the amount of $626,490. Of that amount, they have expended out-of-pocket as of
that date, $323,589. These are direct costs. With regard to Debra Homes, as of April 16th the
total expended was $283,182.08. That did not include any acquisition costs, but simply payments to
the Assessment District in the amount of $128,000, a payment of $34,000 to the interim on-ramp,
engineering costs in excess of $15,000, design costs $4,200, and storm drainage and other construction -
related costs for the balance. Mr. Bianchi added that both of his clients agree in principle -
there is a letter on file from Fireman's Fund to that effect - and while Debra Homes was previously
excused from any further payment they have agreed verbally that they, too, will agree on payment of
a fair portion.
203
Mr. Bianchi added that he would like to have an opportunity to provide input into the methodology
which is finally selected in determining a formula for contributions. Average daily trips is
certainly one way to do it, but there are many other factors.
Mayor Mulryan referred to the discussion regarding apportionment of costs, and asked Mr. Bianchi if
his clients will go along with whatever formula is determined by the City. Mr. Bianchi stated he
feels they have no alternative but to accept the conditions on that basis, but with the reservation
of the right to address the point as the discussion goes along. He expressed great confidence in
the City staff, which he stated has been very fair in treatment of his clients, and he is certain
that the Council will likewise be.
Councilmember Miskimen asked Mr. Meador if he has a target date when the allocation formula might be
expected, and if the study would be delivered in one document. Mr. Meador indicated there would be
two stages: The first would be to inventory the methodologies which the staff could endorse or employ,
and once that has been done, present recommendations to the Planning Commission and to the Council,
for a consensus as to methodology and then move toward a rational distribution of the costs. It
would probably be a four to six month period.
Mr. Meador added that there may be some situations where the traffic is too much, and the staff will
have to look at some alternative land use. That will be a more time-consuming aspect than employing
the methodology of employing the cost -out.
RESOLUTION NO. 5712 - RESOLUTION OF ACCEPTANCE OF GRANT AWARD FOR PLANNING ASSISTANCE (701) FROM
THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ($20,750)
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
Councilmember Miskimen moved and Councilman Jensen seconded, to approve the policy decision that the
projects mentioned, which have received all City approvals except the building permit, and projects
which have received preliminary approvals but which require further actions, be allowed to proceed
upon completion of the planning process and securing of a commitment to participate in the funding
improvements.
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
Council appointed Planning Director Meador as the individual to contact County of Marin regarding
their participation in the plan as discussed.
RE: ORDINANCE PROVIDING FOR SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOP-
MENT AGENCY 10 -Foot Deep Strip, Fourth & Union Streets - File 2-7 R-51
An Ordinance of the City of San Rafael, Providing for the Sale and Conveyance of Public Real
Property to the San Rafael Redevelopment Agency (10 -foot deep strip, Fourth & Union Streets), and
numbering Charter Ordinance No. 1337, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: APPOINTMENTS TO SAN RAFAEL PLANNING COMMISSION - File 9-2-6
Council noted a staff report indicating that the terms of Planning Commissioners Nissen and Norman
will expire at the end of June, and that both commissioners had indicated their desires to be
reappointed.
Councilmember Jensen moved and Mayor Mulryan seconded, to appoint John Galbraith to the Planning
Commission, and reappoint Richard Norman.
Councilmember Miskimen stated he feels that appointments to the Planning Commission should be made
with a full Council and, further, that the entire list of individuals who applied for the two vacan-
cies recently filled on the Planning Commission should be reviewed. He felt there were a number of
outstanding individuals on that list.
Councilmember Jensen stated he feels Mr. Galbraith contributed much time and expense in his campaign
for Council, and that he ran a very clean campaign; also, he had applied for Planning Commission.
Mr. Jensen felt Mr. Galbraith should have an opportunity to serve the City. Mayor Mulryan concurred
in Mr. Jensen's remarks.
AYES: COUNCILMEMBERS: Jensen and Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RE: REPORT ON EMPLOYEE NEGOTIATIONS - File 7-3 x 7-4
City Manager Bielser reported that pursuant to Council instructions he and Attorney Gary T. Ragghianti
had been meeting with Fire Department, Police Department and MAPE groups, and settlement has now been
reached with Fire and Police.
204
RESOLUTION NO. 5713 - AMENDING PAST RESOLUTIONS PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS
FOR FIRE DEPARTMENT PERSONNEL
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
RESOLUTION NO. 5714 - AMENDING PAST RESOLUTIONS PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS
FOR POLICE DEPARTMENT PERSONNEL
AYES: COUNCILMEMBERS: Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner and Nixon
City Manager Bielser informed the Council that he will again be meeting with the MAPE group on
Tuesday, June 19th, and hopes to have a settlement for the Council at the July 2nd meeting, together
with Management salary changes.
RE: CLOSING OF SHORT & SAN PEDRO SCHOOLS - File 9-1
City Manager Bielser informed the Council that the San Rafael School District intends to close Short
and San Pedro Schools. The School District has taken the position that an environmental impact re-
port is not required, and that many parents are concerned about the future use of the playfields at
San Pedro if the school is no longer used, and also the hazards of busing, problems with crossing
guards, and loss of the schools. He informed the Council that he and representatives of the Police
Department, Public Works (Traffic) and Recreation intend to go to the School Board meeting to point
out the potential problems if the schools are closed.
RE: EXECUTIVE SESSION
The City Council adjourned to Executive Session to discuss property acquisition.
ADJOURNMENT:
APPROVED THIS �� DAY OF
1979
In the Council Chambers of the City of San Rafael, Monday, July 2, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: AGREEMENT FOR DEPOSIT OF SPOILS, SAN RAFAEL CANAL DREDGING - File 12-10 (R-149
This item was determined to be a three-way matter between the San Rafael Redevelopment Agency, City
of San Rafael, and Monumental Corporation, and carried over from the Redevelopment Agency meeting
for the City Council to take the necessary City action.
RESOLUTION NO. 5715 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With the
San Rafael Redevelopment Agency and Monumental Corporation for Deposit of
Dredge Spoils)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
205
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of June 4 and 18, 1979
Meetings
Consent to Common Use Agreement with PG&E -
Seastrand - File 4-4-3 x 5-1-242
Vacation of Public Utility Easement -
103 Peacock Drive - File 2-12
Vacation of Street Right -of -Way -
Portion of Bay Way - File 2-12
Contractual Agreement for Classes in
Watercolor & Drawing (Helen Stanley) -
Pilo Q -9-2a
Proposal for Ordinance to Protect
Nonsmokers' Rights - File 13-4
Designation of Additional Neighborhoods Under
Marks -Foran Residential Rehabilitation Program -
File 157
Revisions to Fee Schedule on Planning Matters -
File 9-10-2 x 9-3-17
Recommended Action
Approved as submitted.
RESOLUTION NO. 5716 - AUTHORIZING THE
SIGNING OF A CONSENT TO COMMON USE
AGREEMENT WITH PACIFIC GAS & ELECTRIC
COMPANY IN THE SEASTRAND SUBDIVISION
RESOLUTION NO. 5717 - RESOLUTION OF
INTENTION OF THE CITY OF SAN RAFAEL TO
VACATE PUBLIC UTILITY EASEMENT ON LOT 2,
MARIN BAY UNIT 2-A, SAN RAFAEL, CALI-
FORNIA (103 Peacock Drive). Public
Hearing set for August 6, 1979.
RESOLUTION NO. 5718 - RESOLUTION OF
INTENTION TO ORDER VACATION OF PUBLIC
STREET (Portion of Bay Way). Public
Hearing Set for August 6, 1979.
RESOLUTION NO. 5719 -AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/
Helen Stanley for Watercolor & Drawing
Classes at Falkirk)
Public Hearing set for August 6, 1979
Meeting.
Adopted staff recommendation for inclusion
of additional areas in program, and forma-
tion of a Citizens' Advisory Committee.
Areas to be included are: Entire Rede-
velopment Area, Lincoln Ave., San Rafael
High School Neighborhood, Gerstle Park to
San Anselmo boundary, and lower reaches of
Bret Harte and San Rafael Meadows.
RESOLUTION NO. 5720 - AMENDING THE MASTER
FEE SCHEDULE (For Environmental & Design
Review fees, and additional fee for con-
tinuance of Planning Commission public
hearings)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner (Minutes of June 18, 1979, only)
RE: REPORT ON PROPOSED GOALS FOR WATER ORIENTED USE COMMITTEE - File 9-2-6
Council reviewed staff report which recommended that the Chamber of Commerce be asked to suggest
several names for the appointment to one seat on the Committee, and that the Council direct staff to
solicit requests for the appointment for one seat, and that Planning Commissioners Starkweather and
Norman represent the Commission on the Committee. Role of the Committee would be to prepare develop-
ment guidelines and outline acceptable uses for the "Water Oriented Review Area".
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the concept as recommended
by staff.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION BY LUCKY STORES, INC., RE: Z79-9,
REZONING FROM U' TO P -D; 'GEMCO SITE'; UP77-95, TO PERMIT GEMCO STORE AND USE; UP79-17, REQUEST FOR
UI I -J1It FAKICIIVU Al yL5 AIVUtKJtIV UK.; V// -L4, VAK1ANUt IU f LKM11 FtWtK YAKNIINU WALt,); tU//-1L.S,
BUILDING & SITE DESIGN; SR78-9, SIGN ADJUSTMENT; HIGHWAYS 101 & 17, AND BELLAM BLVD.; NATHAN BLUMEN-
FELD. OWNER: LUCKY STORES. INC. GEMCO REP.: AP 18-051-15. 18-063-01. 02. & 03: CEOA: FOCUSED EIR
- rlle lu-
Mayor Mulryan declared the public hearing opened.
Staff pointed out that UP 79-17, Request for Off-site Parking at 925 Andersen Drive, had been inad-
vertently omitted from the list of items to be discussed, and should be added.
Council heard from Barnard C. Johnson, who summarized the Focused EIR which he had prepared, and
discussed his methodology based on guidelines for intensity areas to be newly developed or upgraded.
206
Council then heard from Jack Peers of Voorhies & Associates, who had conducted a traffic study,
somewhat parallel to that of Mr. Johnson's, and referring to mitigation measures which were in some
cases the same as Mr. Johnson's and in others were different, many of which were dependent on
Caltrans approval.
Council also heard from Dick Thompson, Vice President of Lucky Stores, speaking on behalf of the
Gemco project. Bud Weisenburg of the Canal Community Council, Roper Crawford and Brent Weller spoke
of their concerns regarding traffic impact and the extensive mitigation measures required. Jack
Jackson of the San Rafael Chamber of Commerce stated that the Chamber does not believe that the
Gemco project would be in the best interests of the City, due to the traffic congestion which would
result.
Both Councilmembers Miskimen and Jensen favored allowing the Gemco project to proceed.
RESOLUTION NO. 5721 - RESOLUTION CERTIFYING THE FOCUSED EIR FOR LUCKY STORES (GEMCO)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council heard from Don DeLong of DeLong Chevrolet, who said he would welcome an addition to that
portion of the West Francisco Boulevard area near his place of business.
There being no further public input, the public hearing was declared closed.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to deny the Gemco
proposal, primarily on the basis that numerous and extensive street and highway improvements would
be necessary to mitigate the traffic effects of both Gemco and full build -out of East San Rafael,
and the fact that the Gemco project would contribute 18.4% of the peak hour traffic generation of
the East San Rafael study area while occupying only a small portion of the land yet to be developed
in that area. Since there does not exist a program for the necessary mitigation measures and some
of the measures appear impractical, and for the reasons enumerated, the Gemco proposal constitutes
an inappropriate land use.
RESOLUTION NO. 5722 - RESOLUTION DENYING REZONING, USE PERMITS, VARIANCE, ENVIRONMENTAL AND DESIGN
REVIEW, AND SIGN REVIEW FOR LUCKY STORES (GEMCO)
AYES: COUNCILMEMBERS: Breiner, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen and Miskimen
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, BY ROBERT M. LEVY, APPELLANT;
"CAPTAIN'S COVE"; SMITH RANCH ROAD AT YOSEMITE ROAD; DEBRA HOMES, INC., OWNER; CHARLES LINTHICUM,
REP.; AP 155-120-48, 51 & PTN. 52; CEQA: EIR PREVIOUSLY PREPARED AM - File 10-2
Mayor Mulryan declared the public hearing opened.
Appellant Robert Levy stated he is concerned about compliance with the Smith Ranch Master Plan, and
the density proposed for Captain's Cove. Mr. Levy also questioned the soils condition, due to being
filled-in land.
Council heard from Attorney Albert Bianchi, representing Debra Homes, and Charles Linthicum of Debra
Homes, who stated they are well within the 14.5% density allowed and are in fact about 8% density.
Councilmember Breiner stated she would like to look into the density problem further.
Mayor Mulryan declared the public hearing closed.
Councilmember Breiner moved and Councilmember Nixon seconded, that the matter be continued to the
meeting of July 16, 1979 for further consideration of the density problem.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - REZONING Z79-11 WEST SIDE OF MERRYDALE ROAD AND CORNER OF EL PRADO AVENUE;
AP 179-103-08, 09, 11, 13; 179-142-01, 02, 04, 05, 06, 14, 21 & 22; FROM: U UNCLASSIFIED DISTRI
TO: R -3 -B -D(20) (MULTIPLE FAMILY RESIDENTIAL, MINIMUM PER UNIT 2,000 SQUARE FEET DISTRICT - File
In__1
Mayor Mulryan declared the public hearing opened.
Council heard from Margaret Tucker of San Rafael Meadows Improvement Association, who stated the
association is in favor of the rezoning, Marie Sessi from Los Ranchitos also spoke in favor of the
rezoning
There being no further public input, the public hearing was closed.
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, Califor-
nia, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify
Certain Real Property from U (Unclassified) District to R -3 -B -D(20) (Multiple Family Residential,
Minimum Building Site Area per Dwelling Unit, 2,000 Square Feet) District (Merrydale Road & corner
of E1 Prado Ave.), and numbering Charter Ordinance No. 1338, was read, introduced and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2®7
RE: FINAL ADOPTION - ORDINANCE NO. 1335 - AMENDING THE ZOINING MAP OF THE CITY OF SAN RAFAEL,-
CALIFORNIA,
AFAEL,CALIF RNIA, ADOPTED BY REFERENCE BY SECTION 1 .15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM R-3 AND C-2 MULTIPLE FAMILY RESIDENTIAL AND GENERAL COMMERCIAL
-U ( F'LNININLU UtvtLUNI`1t1N1 ) UlJ I U I (Fro.lect Tor HOUS1 nQ Tor t I Cler I v and Hanai ca
ourth & Union Sts.) - File 10 -
CHARTER ORDINANCE NO. 1335 - 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 so as to Reclassify Certain Real
Property from R-3 and C-2 (Multiple Family Residential and General Commercial) District to P -D
(Planned Development) District (Project for Housing for Elderly & Handicapped, Fourth & Union Sts.)
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1336 - AMENDING TITLE 3, FINANCE AND TAXATION, OF THE SAN RAFAEL
MUNICIPAL CODE, BY ADDING A NEW CHAPTER 3.28, PARAMEDIC SERVICE SPECIAL TAX - File 9-3-31
CHARTER ORDINANCE NO. 1336 - Amending Title 3, Finance and Taxation, of the San Rafael Municipal
Code, by Adding a New Chapter 3.28, Paramedic Service Special Tax, was adopted as an Ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1337 - PROVIDING FOR THE SALE AND THE CONVEYANCE OF PUBLIC REAL
PROPERTY TT -THE SAN RAFAEL REDEVELOPMENT AGENCY Ten -Foot deep strip, Fourth St. at Union - File
CHARTER ORDINANCE NO. 1337 - Providing for the Sale and the Conveyance of Public Real Property to
the San Rafael Redevelopment Agency (Ten -Foot deep strip, Fourth St. at Union, AP 14-092-11), was
adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON NEIGHBORHOODS 13 AND 14 - File 178
Council considered the proposed Urgency Ordinance which could not be voted upon at the June 18th
meeting since two councilmembers were not present and the required four votes were not possible.
Several residents of the areas encompassed by Neighborhoods 13 and 14, namely the Sun Valley and
Fairhills areas, spoke in favor of the urgency ordinance which would place a moratorium on land
divisions, use permits, variances and rezonings, but would not include building permits for single
family residences. The Interim Urgency Ordinance would be in effect for four months from the date
of adoption; however, after notice and public hearing the City Council could extend the ordinance
for eight months. The moratorium would facilitate the development of a neighborhood plan for the
neighborhoods in question.
CHARTER ORDINANCE NO. 1339 - An Interim Urgency Ordinance of the City of San Rafael Adding a New
Chapter 98 "Interim Prohibition of Uses" to Title 14 of the San Rafael Municipal Code Prohibiting
Any Uses which may be in Conflict with a Contemplated Neighborhood Plan and Attendant Zoning Pro-
posals, Pursuant to Government Code Section 65858 (Re: Neighborhoods 13 and 14), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmembers Jensen and Miskimen left meeting)
RE: COMMUNICATION FROM BAHIA VISTA SCHOOL RE PARCOURSE - File 9-3-65
Council reviewed a staff report, regarding a proposal by Harry Holland, Principal of Bahia Vista
School, that the City reallocate $6,000 from Canal Street reconstruction funds for a Parcourse at
Bahia Vista School. Recreation Director Jauch stated he could not support doing the project at the
school since the site is too small and too confining for this type of activity. He recommended that
a Parcourse be installed at Pickleweed Park where it would be more accessible to the general public,
and that the City assist with engineering and installation. He felt that this would cut the cost
and keep it within a reasonable budget, for a total cost of about $8,000.
Public Works Director Caillouette stated that the $6,000 is needed for Canal Street reconstruction
and he would not recommend it be used toward the Parcourse.
(Councilmember Miskimen returned during discussion)
Councilmember Nixon moved and Councilmember Miskimen seconded, to adopt the staff recommendation for
installation of the Parcourse at Pickleweed Park. Director Jauch was requested to meet with Princi-
pal Holland to discuss the plans, and bring their proposal back to Council.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
RE: INQUIRIES RE CITY SURPLUS PROPERTY:
a. Portion of AP 14-092-09 - James E. Lundgren - File 2-7
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve staff recommendation to
refer Mr. Lundgren's request to the Planning Commission for review and comment.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
b. Portion of AP 16-161-34 - Lawrence T. Oden - File 2-5-6
Council considered Mr. Oden's request that the City either deed to him or give him a permanent
landscape/scenic easement to the eight -foot to six-foot wide strip adjacent to his property. The
reason for the request is that his fence, part of his sprinkler system and three mature trees are
situated on the parcel, and were there when he purchased his home.
RESOLUTION NO. 5723 - GRANTING A LANDSCAPE/SCENIC EASEMENT OF A PORTION OF AP 16-161-34 TO
LAWRENCE T. ODEN
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Jensen returned)
Council requested Assistant City Attorney Bullard to formulate a policy enabling property owners to
annex areas adjacent to their homes by means of purchase, in situations where such action is feas-
ible. Mr. Bullard to present suggested policy to Council.
RE: COMMUNCIATION FROM SAN RAFAEL CHAMBER OF COMMERCE RE HAMILTON FIELD - File 179
Council heard from Jack Jackson of the San Rafael Chamber of Commerce, presenting their views on the
future of Hamilton Field, and requesting that the San Rafael City Council take a formal public
position on the acquisition and/or use of the field, and vigorously pursue whatever action is
required by that position.
The Chamber of Commerce stated it is looking deeper into the Hamilton issue as it effects the
business interests of San Rafael, and expects to take a public position on the matter.
Council then heard from Sausalito Councilmember Peter Van Meter, who stated Sausalito's recommenda-
tion for formation of a Marin County Airport Commission to be formed by a joint powers agreement
among interested Marin County cities, covering use of Hamilton Field as an airport.
Councilmember Breiner expressed her opinion that the City should take a position of non-involvement.
After further discussion, Councilmember Breiner moved and Councilmember Nixon seconded, to continue
the item to the meeting of July 16th for further study.
Under discussion, Mayor Mulryan stated that the item would have a half-hour limit, and be placed on
the agenda as the first item of business, before the consent calendar.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PARKS & RECREATION COMMISSION REPORT RE JUVENILE VANDALISM PROBLEMS AT TERRA LINDA RECREATION
CENTER - File 9-2-4 x 9-3-30
Council heard from Parks & Recreation Commission Chairman Stahl, regarding the incidents of vandal-
ism at the Terra Linda Recreation Center. Other residents of the area also voiced their concerns in
this regard.
Mr. Stahl requested additional park patrols during the critical months, which are principally the
vacation period. Police Chief Benaderet stated that patrolmen now leave their cars and walk through
the park, talking with the young people who are congregated there. He urged that citizens who are
aware of vandalism call immediately so that the police may respond in a timely fashion.
Jeff Wilson, president of the North Freitas Association, asked for articles to be published in the
Independent -Journal and Marin Suburban Newspapers urging citizens to work with the local police to
curb the vandalism.
Council requested Fire Chief Marcucci to have his men on duty at the fire station next door to the
Terra Linda Recreation Center occasionally walk through the park area in the late afternoons and
evenings.
Chief Benaderet was asked for an updated police report to be given at the Council meeting of August
6, 1979.
RE: COMMUNICATION RE MASSAGE PARLOR ORDINANCE - File 9-10-3
Council reviewed a letter from Attorney Richard S. Timan, representing Ole Brix who owns two massage
establishments in San Rafael, asking for reconsideration of Ordinance No. 1261. Specifically, the
objections were regarding the closing hour of 10:30 PM and the prohibition against employment of
trainees who have not yet graduated from an approved massage school.
209
Mr. Timan was not present at the meeting, nor did he have a representative present.
Councilmember Jensen moved and Councilmember Nixon seconded, to enforce Ordinance No. 1261 as writ-
ten and adopted.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: DISCUSSION OF STATE BOTTLE BILL - File 155
Councilmember Breiner informed the Council that the hearings by the State of California on the
"Bottle Bill" have been put off until the first of next year. She requested that the City support
the Bill, and that the item be placed on the Council agenda for the latter part of 1979 so that the
City could state its position to the State before the public hearings in Sacramento. The Council
agreed to do so.
RE: REVIEW OF POLICY ON COMMISSION APPOINTMENTS - File 9-1-2 x 9-2r6
Councilmember Miskimen reviewed the history of Council policy on appointments and reappointments to
Boards and Commissions. The Council then discussed the 1975 policy of the Council that any Commis-
sioner who wishes to be reappointed must apply under normal procedures for interviewing applicants,
and be interviewed along with all other applicants who wish to be considered.
Councilmember Nixon stated that he believed a Commissioner should always have the courtesy of an
interview whether or not he is later reappointed. He stated he also believed that a full Council
should be present for such a vote, citing a recent Planning Commission appointment where there was a
split vote with only three Councilmembers present at the meeting.
Councilmember Nixon then moved to negate the Council's action of June 18th and ask Planning Commis-
sioner Nissen if he would like to be interviewed. The motion died for lack of a second.
Councilmember Breiner then moved and Councilmember Miskimen seconded, to reaffirm the Council policy
of 1975 as stated above, and to set the policy that it will take three votes for appointment or re-
appointment to Boards and Commissions.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
After further discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, that for
appointments or reappointments to the Planning Commission there be a full Council or consent from
absent members.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner then moved and Councilmember Miskimen seconded, that a Resolution of Commenda-
tion be adopted for Donn E. Nissen, recent Planning Commissioner.
RESOLUTION NO. 5724 - RESOLUTION OF COMMENDATION (Donn E. Nissen)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON CONTRACT - COMMUNITY PROJECTS COORDINATOR - File 9-3-83
RESOLUTION NO. 5725 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING TERMINATION
OF HERBERT G. HOTCHNER, COMMUNITY PROJECTS COORDINATOR (Effective July 15,
1979, with payment of six months' reverence pay.)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: EXECUTIVE SESSION
The City Council adjourned to Executive Session to give instructions to Labor Negotiator.
. LLUNl.1111, ulty Lie
APPROVED THIS %b -;V DAY OF 1979
Q�
MAYOR CF THE CITY OF SAN R FAEL
210
In the Council Chambers of the City of San Rafael, Monday, July 16, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk,
Edmund A. Duggan, City Attorney
RE: DISCUSSION ON HAMILTON AIR FORCE BASE - File 179
The Council discussed the issue of whether to join City of Sausalito and other public agencies on
the acquisition of Hamilton Field, or to request the Marin County Board of Supervisors to put the
matter on the Novenmber ballot for the voters to decide.
Councilmember Breiner moved and Councilmember Miskimen seconded, that the City of San Rafael not
join in the City of Sausalito's suggestion regarding acquisition of the property.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Council then discussed possible wording of a ballot measure. Councilmember Nixon then moved and
Councilmember Jensen seconded, to support the Chamber of Commerce's proposal that the Board of
Supervisors be requested to put the measure on the November ballot, with one condition added: That
the wording of the ballot measure be unanimously agreed to by the Board of Supervisors.
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of ,June 18 and July 2,
1979 Meetings.
Claim for Damages - Thomas Sheehan -
File 3-1-405
Resolution in Recognition of the 100th
Birthday of Archie Richardson -
File 102 x 9-3-61
Contractual Agreement for Classical
Cello & Piano Concert at Falkirk
(Jed Barahal) - File 9-2-24
Appeal of Planning Commission Denial,
by Arthur J. Lang Associates, Inc. -
s79-12, Three Lot Subdivision, 25 De
Anza Way; H. J. Slager, owner;
Arthur J. Lang, rep. - File 5-1-247
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co.
recommendation for denial.
RESOLUTION NO. 5726 - IN RECOGNITION
OF THE 100TH BIRTHDAY OF H. ARCHIE
RICHARDSON
RESOLUTION NO. 5727 - AUTHORIZING
SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/Jed Barahal for
Concert at Falkirk)
Set Public Hearing for August 6,
1979.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Councilmembers Breiner and Nixon abstained only with regard to
the minutes of the June 18, 1979 meeting
RE: ACTIONS RE: ADMINISTRATION OF HISTORIC PRESERVATION ORDINANCE - File 9-2-24 x 9-2-6 x 13-14-2
Planning Director Raymond Meador explained to the Council that since the administration of the
historical preservation ordinance was passed to the Planning Department in the recent budget hear-
ings they have found that there are three sets of properties which are ready for hearings before the
Council on consideration for landmark designations. These properties are: 1811 and 1817 Grand
Avenue, Victorian Village at Fifth Avenue and "F" Street; and three properties at the corner of
Fifth Avenue and "E" Street. Staff is recommending that Council set a public hearing for these
properties for the first meeting in September.
The staff report indicated that there is a jurisdictional area to be clarified, regarding anccitec-
tural review and related items, between the Cultural Affairs Commission and the Planning Commission.
Staff recommended that this question be referred to the Planning Commission for review and comment.
211
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve staff recommendations
regarding setting the public hearing for the first meeting in September, and referring the jurisdic-
tional matter to the Planning Commission for review and comment.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, BY ROBERT M. LEVY, APPELLANT;
"CAPTAIN'S COVE"; SMITH RANCH ROAD AT YOSEMITE ROAD; DEBRA HOMES, INC., OWNER; CHARLES LINTHICUM,
REP.; AP 155-120-48, 51 & PTN. 52; CEQA: EIR PERVIOUSLY PREPARED - File 10-2
Mayor Mulryan declared the public hearing opened.
Attorney Robert M. Levy informed the Council that the purpose of his appeal was to enable the City
to address the density of the Smith Ranch developments in light of the overall traffic impact as
disclosed by the Wilbur Smith traffic study, as contrasted with viewing the density question solely
based on the Smith Ranch master plan.
There being no further public input, the public hearing was declared closed.
Councilmember Breiner stated that she had studied the conditions on the application, and the Plan-
ning Commission resolution and considers them acceptable. She particularly noted the condition
which will preclude the transfer of density within the three existing parcels associated with the
application, and the fact that the density of parcel 9b is not transferrable to other parcels.
Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the appeal and approve the
conditions as stated by the Planning Commission.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then discussed a letter from San Rafael Manor in which they expressed concern about the
proposed southbound off -ramp at Freitas Parkway and the eventual widening of the highway in that
area, and agreed to refer the letter to the Planning Commission for review and report back to
Council.
RE: PUBLIC HEARING - STAFF APPEAL OF PLANNING COMMISSION RULING; ED77-113 - RESTAURANT, RETAIL AND
FFICE BUILDING; 625 GRAND AVENUE; ANGELO FERRO, OWNER; HAROLD LEZZINI, REP.; AP 14-133-07 & 05 -
File 10-6 R-77
Mayor Mulryan declared the public hearing opened.
Council heard a request from staff that the hearing be continued to the meeting of August 6, 1979,
and that the sixty-day requirement which had been placed on the developer be suspended during this
period since staff had made the appeal on the Planning Commission ruling.
Councilmember Breiner moved and Councilmember Nixon seconded, to continue the hearing and to suspend
the sixty-day requirement.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE_ PUBLIC HEARING - REZONING (Z79-12) GOLD HILL GRADE - REZONING FROM R-1 (SINGLE FAMILY RESIDEN-
TIAL TO U UNCLASSIFIED) DISTRICT; INITIATED BY PLANNING COMMISSION - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing
was declared closed.
Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, Cali-
fornia, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Re-
classify Certain Real Property from R-1 (Single Family Residential) District to U (Unclassified)
District (Gold Hill Grade), and numbering Charter Ordinance No. 1340, was read, introduced and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1338 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, ADOPT-
ED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN
RFAI PRnPFRTY FROM II IIN('1 ASSTFTFnI) nTSTRTCT Tn R-1—R—nmMIII TTPI F FAMTI V RFCTnFNTTAI MT NIT MIIM
BUILDING SITE AREA PER DWELLING UNIT, 2,000 SQUARE FEET) DISTRICT (West Side of Merrvdale Road and
orner of El Prado Avenue) - File 10 -
CHARTER ORDINANCE NO. 1338 - Amending the Zoning Map of the City of San Rafael, Adopted by Reference
by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from
212
U (Unclassified) District to R -3 -B -D(20) (Multiple Family Residential, Minimum Building Site Area
per Dwelling Unit, 2,000 Square Feet) District (West Side of Merrydale Road and Corner of El Prado
Avenue) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
RE: REQUEST RE CENTRAL MARIN WASTEWATER TREATMENT PLANT - File 12-7
In connection with the proposal by the Central Marin Wastewater Planning Unit, consisting of:
San Rafael Sanitation District; Sanitary District No. 1; Sanitary District No. 2; and City of
Larkspur, to construct a Sanitary Plant at the end of Andersen Drive in San Rafael, Assistant City
Attorney Bullard informed the Council that this notification is presented on a courtesy basis. He
stated that according to the Government Code, they can erect the plant wherever they wish, regard-
less of any inconsistencies with the local agency's General Plan.
The proposed site is referred to as the North Point Site, comprising some 54 acres including all the
property from the end of Andersen Drive to Sir Francis Drake Boulevard, and from Highway 17 to the
ridge line. The Council heard from John Jenks, consulting engineer, who outlined the advantages of
having the central site for a treatment plant, and pointing out that the existing plant in San
Rafael is antiquated while the new plant will have the latest technology. He also pointed out that
the new plant will be designed "from scratch" and will be of pleasing architecture with a buffered
zone of plantings which will screen it from the roadways.
(During the discussion, Councilmember Nixon left for the remainder of the meeting)
The Council discussed the necessity for Andersen Drive being extended through to Sir Francis Drake
Boulevard, and were joined in their feelings by various property owners in the area who hope to
develop their properties on the premise of Andersen Drive being extended.
Councilmembers then discussed the State Division of Water Quality letter which pointed out that
extension of Andersen Drive would not be eligible for grant funding. Further, the State hopes the
site will be approved without the Andersen Drive extension, as this would prevent encroachment of
incompatible land uses adjacent to the treatment plant site.
Councilmember Miskimen explained that he must abstain from voting, since he is acting as the appli-
cant for the project on behalf of the San Rafael Sanitation District Board.
After discussion, Councilmember Breiner moved and Councilmember Jensen seconded, to recommend to
the Sanitary Districts that the City requires Andersen Drive to go through to Sir Francis Drake
Boulevard, regardless of what development is finalized.
AYES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ABSTAINED: COUNCILMEMBERS: Miskimen
RE: REPORT ON LABOR RELATIONS PROGRAM - File 7-3 x 9-3-11 x 9-1
RESOLUTION NO. 5732 - AMENDING PAST RELOLUTIONS PERTAINING TO COMPENSATION FOR MISCELLANEOUS,
MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES (Project Engineer &
Tree Climber - Effective July 16, 1979)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
RESOLUTION NO. 5728 - AMENDING SECTION 1.5 OF RESOLUTION NO. 5391 PERTAINING TO THE COMPENSATION
FOR MANAGEMENT AND UNCLASSIFIED EMPLOYEES (Effective July 16, 1979)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
RESOLUTION NO. 5729 - AMENDING RESOLUTION NO. 4631 AS AMENDED - CONTRACT BETWEEN CITY MANAGER AND
CITY OF SAN RAFAEL (Extended until July 16, 1983)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
(Councilmember Jensen left meeting)
An Ordinance of the City of San Rafael, Providing for Cost of Living Increase for City Council, and
numbering Charter Ordinance No. 1341, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
Before conclusion of this agenda item, City Manager Bielser recommended an additional remuneration
for the Fire Chief in recognition of the added responsibility, performance and productivity of the
Paramedic Program, in the amount of $100.00 per month.
213
Councilmember Miskimen moved and Councilmember Breiner seconded, to amend the resolution pertaining
to management and unclassified employees, to reflect the additional remuneration for the Fire
Chief.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: CONTINUED DISCUSSION ON RETIREMENT ACTUARIAL STUDY - File 7-1-26
The Council considered a report from Finance Director Coleman, in which he briefed the Martin Segal
report on the Marin County Retirement System. The report indicates that the contribution rates for
the City of San Rafael are less than they should be, and that the increased rates for both City and
employees can be phased.
Director Coleman recommended to the Council that they accept the Segal report and that the City
implement the current deficit method of funding as outlined in his report. It was further recom-
mended that the employees' share of the retirement costs be phased in over a two-year period. The
law requires an actuarial study every three years and that, when it is accepted, it must be imple-
mented within 90 days.
The Council accepted the report, and agreed that the matter will be discussed as soon as possible
with the employee groups.
RE: REPORT ON BID OPENINGS:
a. Street Resurfacing - 1979 - File 4-1-285
RESOLUTION NO. 5730 - RESOLUTION OF AWARD OF CONTRACT (To Bresnan-Dalecio, Inc., bid amount
$431,457.65)
Council authorized the adding of additional streets to the project in an amount not to exceed 25%
of the amount bid as specified in the contract documents.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
b. Switchboard & Metering Equipment for Albert Park - File 4-1-284
RESOLUTION NO. 5731 - RESOLUTION OF AWARD OF CONTRACT (To North Bay Electric, bid amount
$11,495.00)
AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: REPORT ON FIRE STATION LOCATION STUDY - File 9-3-31
After discussing the report Councilmember Breiner moved and Councilmember Miskimen seconded, to
support the recommendations in the report regarding facilitating a Joint Powers Agreement with
Marinwood through functional consolidation, and the recommendation that in event of the annexation
of the Marinwood area Station 3 (Joseph Ct.) and Marinwood be consolidated and located in the
Fireman's Fund area. Other than this, there are to be no changes in station locations.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: MARIN COUNTY MAJOR CRIMES TASK FORCE JOINT POWERS AGREEMENT - File 4-10-114
The Council discussed the Police Department's participation in the Major Crimes Task Force, and the
staff reports from City Manager Bielser and Police Chief Benaderet.
City Manager Bielser recommended that the Joint Powers Agreement be approved with amendments provid-
ing for a citizen review committee, composed at least in part of elected officials and providing for
a pro -rata responsibility for Workmens Compensation claims; that the Sheriff of Marin County be
designated as Chairman of the subcommittee; and that the City appropriate $15,379 as the City's
(20.50%) pro -rata contribution to the Major Crimes Task Force.
(Councilmember Jensen returned during discussion)
Mayor Mulryan inquired of Sheriff Howenstein, who was present at the meeting, if he had any objec-
tion to being nominated for Chairman of the subcommittee. Sheriff Howenstein replied that he has no
objection, but wishes it clearly understood that he did not seek the nomination.
After further discussion, and input from Larkspur/Corte Madera Police Chief Philip Green and Chief
Benaderet, Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the Joint
Powers Agreement with the addition of two elected officials in addition to the three City Managers
on the citizen review committee, providing for the pro -rata responsibility of Workmens Compensation
claims; and to include designation of the Sheriff of Marin County as Chairman of the subcommittee.
Motion also included approval of the City appropriating $15,379 as the City's (20.50%) pro -rata
contribution to the Major Crimes Task Force.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
214
RE: URGENCY ORDINANCE PROHIBITING STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUID STORAGE TANKS IN
RESIDETIL AREAS - File 13- x9--1
CHARTER ORDINANCE NO. 1342 - An Urgency Ordinance of the City of San Rafael Amending Ordinance No.
1268 which Amends Section 4.08.090 of the San Rafael Municipal Code by Adding an Exception to
Article 15, Section 15.210(a) of the Uniform Fire Code, was adopted as an ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
RE: DISCUSSION OF FORMATION OF POLICE COMMISSION - CITY OF SAN RAFAEL - File 9-2-28
Council studied the question of the advisability of appointing a Police Commission, and agreed to
have Assistant City Attorney Bullard compile information on the subject and draft an ordinance when
he has all of the necessary data. It was also agreed that when the matter comes back before the
Council for decision it must be voted on with all members present.
RE: PROPOSAL RE ESTABLISHING TIME LIMITS IN ZONING ORDINANCE FOR PROJECTS - File 9-2-6 (Verbal
resentation
Councilmember Breiner reported that she had been concerned about time limits on projects, and has
now learned that staff is presently working on a proposal evolving out of the joint City Council/
Planning Commission meeting in April, whereby time limits will be established, and approvals will
not continue indefinitely without Planning Commission again reviewing the projects.
RE: ORDINANCE AMENDMENT AUTHORIZING MARIN COUNTY BOARD OF SUPERVISORS TO ESTABLISH DOG LICENSE FEES
BY RESOLUTION - File 9-10-2
An Ordinance of the City of San Rafael, Amending Section 6.10.060, License Fee, and Repealing
Section 6.10.070, Delinquent License Penalty, of Title 6 of the San Rafael Municipal Code to Author-
ize Establishment of Dog License Fees by Marin County Board of Supervisors Resolution, and numbering
Charter Ordinance No. 1343, was read, introduced, and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon
RE: PROPOSED TOWING RATE INCREASES - File 9-10-2 x 9-3-30
Chief Benaderet informed the City Council that there had been no rate increases for towing since
September 1975, and that he has prepared a resolution with recommended increases, most of which had
the concurrence of the four towing companies on the rotation list.
Tad Alford of Balley Tow discussed the various rates and types of equipment used, and also the
rental fees paid by the companies for storage areas. When it appeared that there was not total
agreement between the towing companies as to the rates, no action was taken at this time.
The City Council adjourned to Executive Session to discuss property acquisition and pending liti-
gation.
APPROVED THIS G *.� DAY OF 1979
In the Council Chambers of the City of San Rafael, Monday, August 6, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
Recommended Action
Approval of Minutes of June 11 and 14, and Approved as submitted.
July 16, 1979 Meetings
Claim for Damages - Scott Robertson -
File 3-1-417
Claim for Damages - Juan Espinoza -
File 3-1-424
Contractual Agreement with Jack Hyde,
Soccer Camp at San Rafael Community
Center - File 4-10-111
Swearing in of New Member of San Rafael
Board of Education - File 9-2-1
Statements of Disclosure - Redevelopment
Agency CAC Members, and Office Secretary -
File 9-4-2 (R-140 CAN
Resolution Providing for Procedure of
Sale or Other Disposition of City
Property - File 9-1-2x 2-7
Resolution on Deferred Compensation
Program - File 7-4-5
215
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5733 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Jack Hyde, for Soccer Camp)
Accepted Report.
Filed with City Clerk.
RESOLUTION NO. 5734 - ESTABLISHING A
POLICY FOR THE SALE OF SURPLUS LAND
AND GRANT OF EASEMENT OR OTHER
PROPERTY RIGHTS
RESOLUTION NO. 5735 - AMENDING THE
DEFERRED COMPENSATION PLAN FOR THE
CITY OF SAN RAFAEL
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Councilmember Breiner abstained only with regard to the minutes of the
June 14, 1979 meeting.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, BY ARTHUR J. LANG ASSOCIATES, INC. -
s79-12, THREE LOT SUBDIVISION; 25 DE ANZA WAY; H.J. SLAGER, OWNER; ARTHUR J. LANG, REP.; AP 175-
292-40; CEQA: Neg. Dec. File 5-1-247
Mayor Mulryan declared the public hearing opened.
Council considered a request from the appellant that the public hearing be continued to the meet-
ing of October 15, 1979, and agreed to continue the public hearing to that date.
RE: PUBLIC HEARING - VACATION OF PUBLIC UTILITY EASEMENT - 103 PEACOCK DRIVE (MARIN BAY UNIT 2-A) -
File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing
was declared closed.
RESOLUTION NO. 5736 - ORDERING CLOSING, ABANDONING AND VACATING PUBLIC UTILITY EASEMENT, LOT 2,
MARIN BAY UNIT 2-A, SAN RAFAEL, CALIFORNIA (103 Peacock Drive)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - VACATION OF STREET RIGHT-OF-WAY - PORTION OF BAY WAY - File 2-12
Mayor Mulryan declared the public hearing opened. There being no public input the public hearing
was declared closed.
Council noted that applicant has withdrawn his request for vacation of the right-of-way. No
further action was taken.
RE: PUBLIC HEARING - PROPOSED NONSMOKER'S RIGHTS ORDINANCE - File 13-4
Mayor Mulryan declared the public hearing opened.
City Attorney Duggan reported that the proposed ordinance is patterned after the City of San Diego
ordinance, which has been very successful. He pointed out that the ordinance does no oblige a
store owner to approach a patron and ask them to stop smoking, but provides for signs to be
posted designating "No Smoking", or smoking in certain areas only. Smoking would be prohibited in
restaurants, coffee shops, etc., with a seating capacity of 20 or more persons; provided, however,
that this prohibition against smoking would not apply within any such establishment maintaining
a contiguous "no smoking" area of not less than 20% of the seating capacity and of the floor space
in which customers are served. This prohibition would not apply to banquet rooms in use for
private functions. The ordinance also provides for prohibition of smoking in other public areas,
and provides that any person who violates any provision of the ordinance by smoking ih a posted
"No Smoking" area, or by failing to post or cause to be posted a "No Smoking" sign required by
the ordinance, is guilty of an infraction and, upon conviction thereof shall be punished by a fine
of not less than $10 nor more than $100.
216
Council then heard -from proponents of the proposed ordinance, urging the Council to adopt it.
These persons included: Mrs. Sharon Baker; Dr. Weisberg, president of the State Cancer Society;
Dr. Brian Williams; Helen Stevenson who represented Dr. Theodore Hiatt, Marin County Health Officer;
Peter Seward; Betty Barron; Marcia Fish; Jane Levinsohn; Dr. Julian Lifschitz; and Cindy Winter.
There were also many letters.
Mayor Mulryan then declared the public hearing closed.
Councilmember Breiner asked the Council if they would consider deleting "all restrooms open for
public use", from the smoking prohibition, but they declined to do so.
Councilmember Nixon moved and Councilmember Miskimen seconded, to pass the ordinance to print, with
an amendment on page 4, paragraph 2 b, to add "restaurants as regulated in 8.14.030(h)".
An Ordinance of the City of San Rafael Amending Title 8 "Morals and Conduct" of the San Rafael
Municipal Code by Adding a New Chapter 8.14 "Smoking Prohibited in Certain Public Areas", and
numbering Charter Ordinance No. 1344, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
RE: STAFF APPEAL OF PLANNING COMMISSION DECISION - ED77-113 - RESTAURANT, RETAIL & OFFICE BLDG.
625 GRAND AVE.; ANGELO FERRO, OWNER; HAROLD LEZZINI, REP. - File 10-6 R-77
Mayor Mulryan declared the public hearing opened.
Council considered a request from staff and the applicant for a two-week continuation of the hearing,
and mutually agreed to continue the public hearing to the meeting of August 20, 1979.
RE: FINAL ADOPTION - ORDINANCE NO. 1340 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO
IFIED
- r1 ie lu-s
CHARTER ORDINANCE NO. 1340 - An Ordinance of the City of San Rafael Amending the Zoning Map, Adopted
by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real
Property from R-1 (Single Family Residential) District to U (Unclassified) District (Gold Hill Grade),
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1341 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL
Effective September 1, 1979 - File 9-1
CHARTER ORDINANCE NO. 1341 - An Ordinance of the City of San Rafael Providing for Cost of Living
Increase for City Council, was adopted as an Ordinance of the City of San Rafael by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1343 - AMENDING SECTION 6.10.060, LICENSE FEE, AND REPEALING
SECTION 6.10.070. DELINQUENT LICENSE PENALTY. OF TITLE 6 OF THE SAN RAFAEL MUNICIPAL CODE TO
r1V IIIVI\1LL LJIlIULlJIII-IL I\1 VI VVbI L1VL1\JL 1 LLJ u1 I'Illl\ll\ VVVI\11 UVrll\V VI f\LJVLVIlull —
Fiin Q_1n_9
CHARTER ORDINANCE NO. 1343 - Amending Section 6.10.060, License Fee, and Repealing Section 6.10.070,
Delinquent License Penalty, of Title 6 of the San Rafael Municipal Code to Authorize Establishment
of Dog License Fees by Marin County Board of Supervisors' Resolution, was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PROPOSED DAVIDSON SCHOOL RECREATION FIELD - File 4-1-288 x 9-2-4
Council discussed the project as presented, including a location map, and noted the Parks & Recreation
Commission's recommendation for Council approval.
Public Works Director Caillouette noted that the project includes turfing and surface drainage, but
pointed out that it does not include the chain link fence, which will be a separate item.
After discussion Councilmember Nixon moved and Councilmember Breiner seconded, to approve the project
as presented and authorize the staff to call for bids.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2t7
RE: COMMUNICATION RE LOCATION OF PROPOSED SEWER TREATMENT PLANT - File 12-7
City Manager Bielser briefed the Council on the background of the situation regarding the proposed
location of the new sewer treatment plant on Andersen Drive, and the fact that the City Council, at
their meeting of July 16, 1979, requested that Andersen Drive be extended to Sir Francis Drake Blvd.
as provided in the General Plan. He stated that the item is back on the agenda due to the concerns
of property owners in the area of the proposed treatment plant.
Mr. Al Lamperti spoke as the representative of a group of property owners in the area in question,
stating that the group does not want to oppose a sewer treatment plant, but feels that there are
other locations which would be more advantageous to the City and to the other property owners.
Mr. Lamperti suggested the Council consider upgrading the existing site of the treatment plant,
and possibly also consider the San Quentin site. The property owners in the area in question feel
that, not only would the sewer treatment plant be devastating to their property, but would not be
the best use of the land.
Mr. John Meyer, owner of Marin Surplus Store, stated he also owns property in the area in question,
and agrees with Mr. Lamperti's remarks. He also urged the Council to consider alternative locations
for the treatment plant.
Mr. Leo Cronin, representing the Ad Hoc Committee, stated that the people controlling the grant for
the project are opposed to Andersen Drive being extended through that property, and Mr. Cronin
suggested the possibility of a simple off -ramp alternative to the extension of Andersen Drive. He
also stated that the Water Quality Control Board is concerned about the delay in acceptance of
the proposed plant site, and the fact that the present treatment plant is inadequate. He mentioned
the possibility of a cease and desist order being issued. Council discussed the matter of a
possible meeting with Mr. Fred Dierker of the Water Quality Control Board.
Councilmember Nixon then moved, and Councilmember Jensen seconded, to take the position that the
Council is opposed to the proposed sewer treatment plant project until the possibility of an
alternative site is exhausted and it has been determined that there is in fact no other suitable
site available; and also a finding that the proposed site is inconsistent with the General Plan.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Miskimen
Council agreed that Councilmembers Nixon and Miskimen would make arrangements to meet with Mr. Fred
Dierker of Water Quality Control Board on proposed site of the sewer treatment plant.
Matter continued on the August 20, 1979 meeting.
RE: DISCUSSION OF ENERGY-SAVING METHODS AND ORDINANCES - File 180 x 9-3-40
Mayor Mulryan requested staff to look into construction ordinances with a view to adding requirements
for increased insulation, phasing -in of solar energy, solar water heaters and swimming pool heaters,
and similar devices as energy-saving measures.
RE: RESOLUTION ESTABLISHING THE SAN RAFAEL MOBILE HOME ADVISORY COMMITTEE - File 9-2-29 x 13-7-1
Council considered a request from mobile home residents, for establishment of a Mobile Home Advisory
Committee to serve as a forum to receive comments, suggestions and complaints from mobile park resi-
dents and to consider them and refer them to the City Council when appropriate. The Committee would
consist of five members - two members to be tenants of mobile home parks within the City of San
Rafael, two members to be mobile home park owners, operators or managers within the City of San
Rafael, and one member selected at large by the City Council. This member would serve as the Chair-
man of the Committee. In addition, the City Council would designate one of its members as a liason
to the Committee.
(Councilmember Miskimen left during discussion)
RESOLUTION NO. 5737 - ESTABLISHING THE SAN RAFAEL MOBILE HOME ADVISORY COMMITTEE
AYES: COUNCILMEMBER: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: Miskimen
RE: REPORT ON STAFF AUTO UTILIZATION - File 8-5 x 7-4
Council considered a staff report on auto utilization, and took the following action on the recom-
mendations contained in the report:
Councilmember Nixon moved and Councilmember Jensen seconded, to approve Recommendation No. 1, to
affirm the policy which has been established by the City Manager with respect to seals on City
vehicles. This policy is that the only City vehicles which should be without seals are those
assigned to the City Manager, Chief of Police, and those used by the Police Department for under-
cover work, and one or two low profile patrol vehicles.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Recommendation No. 2 - Determination of whether the use of vehicles by the two Police Captains
should be authorized - was continued to the August 20, 1979 meeting in order to have input from
the Chief of Police.
218
Councilmember Breiner moved and Councilmember Nixon seconded, to approve Recommendation No. 3, to
adopt a policy that vehicles for commuting purposes which are currently authorized should only be
used for commuting to and from work in the San Rafael area.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
Councilmember Nixon moved and Councilmember Jensen seconded, to approve Recommendation No. 4, to
adopt a policy that neither vehicles nor auto allowances be automatically (word inserted) awarded to
any new incoming employees in the future.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Nixon moved and Councilmember Miskimen seconded, to approved Recommendation No. 5, to sub-
stitute an auto allowance in the amount of $175 per month for the Parks Superintendent, while at
the same time removing his vehicle for commute purposes.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
RE: RESOLUTION ESTABLISHING PAY CLASSIFICATIONS FOR PARTTIME, TEMPORARY, AND SEASONAL EMPLOYEES -
File 7-3
RESOLUTION NO. 5738 - AMENDING PAST RESOLUTIONS PERTAINING TO COMPENSATION AND ESTABLISHING PAY
CLASSIFICATIONS FOR PARTTIME, TEMPORARY, AND SEASONAL EMPLOYEES (Recreation
Dept., Specialists, Aquatics Leaders and Recreation Leaders)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON COMPENSATION - CONFIDENTIAL EMPLOYEES - File 7-3
Council considered a staff report informing them that the proposed resolutions cover compensation
for Confidential Employees who are members of the Management and Confidential bargaining unit, and
an updated list of Confidential Employees. The updating is a result of the creation of additional
classifications and reflects new incumbents in the positions, and carries forward the intent with
the previous understanding relating to Confidential Employees in 1973.
Staff recommended adoption of the resolutions, and further recommended that in the event the settle-
ment with MAPE is in a larger amount, the City go back and increase the award to Confidential Em-
ployees as needed. It was further noted that the City Attorney's office ruled that it does not
matter whether an employee is a MAPE member, with respect to the Confidential status.
Beth Winters, representing MAPE, objected to the four CETA positions on the Resolution. City
Manager Bielser agreed to meet and confer on these items, and recommended that the City Council
adopt the resolutions with that deletion, until after they meet and confer on the CETA positions.
Effective date is August 1, 1979.
RESOLUTION NO. 5739 - DESIGNATING CONFIDENTIAL EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 5740 - AMENDING RESOLUTION NO. 5621 PERTAINING TO THE COMPENSATION FOR CONFIDENTIAL
EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: COMMUNICATION RE MASSAGE PARLOR ORDINANCE - File 9-10-3
Council noted a letter from Attorney Richard Timan, requesting reconsideration of the Massage Parlor
Ordinance.
Council took no further action, having reaffirmed policy of upholding Ordinance No. 1261, as written
and adopted, at the Council meeting of July 2, 1979, with Councilmember Breiner dissenting.
ADD ITEMS:
RE: DATE FOR FIRST MEETING IN SEPTEMBER - File 9-1
Council agreed to hold their first meeting in September on Tuesday, September 4, 1979, due to the
Labor Day Holiday falling on a Monday.
RE: REQUEST FOR REPORT ON FIRES - File 13-5 x 9-3-31
Councilmember Nixon requested that the Fire Chief provide the Council with a report on the recent
fires in the Terra Linda area.
The City Council adjourned to their next regular meeting on August 20, 1979.
APPROVED THIS e,,O `e DAY OF 1979
In the Council Chambers of the City of San Rafael, Monday, August 20, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of August 6, 1979 Meeting
Appropriation for Youth Services Bureau Grant
Matching Funds - File 4-10-115
San Francisco Foundation Grant Agreement for
Bahia Vista Community Schools Program -
File 4-10-126 x 4-13-52
Contractual Agreement with Institute of Reading
Development for Speed Reading Courses at San
Rafael Community Center - File 4-10-111
Resolutions Authorizing Execution of Agreements
between the City of San Rafael and the County
of Marin re:
a. Funding of Bahia Vista Community Schools
Program for July/August 1979 - File 4-13-52
b. Funding of San Rafael Goldenaires and Terra
Linda Senior Citizens for July 1979 -
File 4-13-32
c. Funding for Terra Linda Senior Citizens
Program for August 1979/June 1980 (Com-
munity Contract Service Agreement) -
File 4-13-32
d. Funding for San Rafael Goldenaires Program
for August 1979/June 1980 (Community Con-
tract Service Agreement) - File 4-13-32
Recommended Action
Approved as submitted.
RESOLUTION NO. 5741 - ACCEPTING GRANT FOR
LAW ENFORCEMENT PURPOSES, DESIGNATED YOUTH
SERVICES BUREAU, FROM THE OFFICE OF CRIMINAL
JUSTICE PLANNING ($2,344 matching funds
from City)
RESOLUTION NO. 5742 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT ($6,000,
amount of grant)
RESOLUTION NO. 5743 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Insti-
tute of Reading Development, for Speed
Reading Courses at San Rafael Community
Center)
RESOLUTION NO. 5744 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin - $451.25)
RESOLUTION NO. 5745 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/County
of Marin - $968.97)
RESOLUTION NO. 5746 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/County
of Marin - $1,915)
RESOLUTION NO. 5747 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/County
of Marin - $8,791)
220
Presentation of East San Rafael Master Plan -
File 181 (R-145)
Time Extension - Bay Park 31 Lot Industrial
Subdivision, 1615 Francisco Blvd.; Cal Pox Inc.,
owner; Bruce Bernhard, rep.; AP 9-010-26 & 27;
CEQA: EIR Previously Prepared - File 5-1-241
Report re Settlement of Conflicting Claims in
Allardt's Canal - File 182 x 9-3-40 (R-25)
Agreement with California Highway Patrol re
Abandoned Vehicle Abatement Program -
Pilo a -R -1F
Request for Council Authorization to go to Bid
for Paramedic Ambulance - File 4-2-141 x 9-3-31
Claim for Damages - Steven Wamsley - File 3-1-422
Referred to Planning Commission.
Approved Planning Commission's Recommen-
dation for Two-year Extension.
Report Accepted.
RESOLUTION NO. 5748 - AUTHORIZING THE CITY
OF SAN RAFAEL TO ENTER INTO A CONTRACT WITH
THE STATE OF CALIFORNIA HIGHWAY PATROL FOR
ABANDONED VEHICLE ABATEMENT PARTICIPATION
AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNATED REPRESENTATIVE TO SIGN SAID
CONTRACT ($2,500)
Request Approved.
Approved R. L. Kautz Co. Recommendation
for Denial.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: RESOLUTION AUTHORILiiiG LOAN TO SAN RAFAEL REDEVELOPMENT AGENCY - File 8-5-1 (R-103)
Councilmember Jensen suggested that the possibility of using Open Space Funds instead of General
Fund for the $386,680 loan to the Redevelopment Agency should be explored, in order to attain a
lower rate of interest.
Finance Director Coleman was requested to explore this possibility, and to make a determination of
the legality of such a method. Item was deferred to the September 4, 1979 meeting for final decision.
RE: PUBLIC HEARING - STAFF APPEAL OF PLANNINu COMMISSION DECISION - ED77-113 - RESTAURANT, RETAIL &
OFFICE BLDG.; 625 GRAND AVENUE; ANGELO FERRO, OWNER; HAROLD LEZZINI, REP. - File 10-6 R-77
Mayor Mulryan declared zhe public hearing opened. There being no public input, the public hearing
was declared closed.
Council considered staff request that the matter be referred back to the Planning Commission, and
approved the request.
RE: REPORT ON MEETING WITH WATER QUALITY CONTROL BOARD STAFF - File 12-7
Mayor Mulryan reported on the August 17, 1979 meeting with the Regional Water Quality Control Board
staff, and stated that the City has been given until September 17th to make a final decision on the
site for the treatment plant. Meanwhile the Regional Water Quality Control Board has begun monitor-
ing the City's outfall.
City Manager Bielser was asked to attempt to arrange a meeting for Tuesday, August 21st, with San
Quentin representatives, City staff, Councilmember Nixon and San Rafael Sanitation District repre-
sentatives, to explore the possibility of using the San Quentin site for a treatment plant.
RE: CONTINUED DISCUSSION OF STAFF VEHICLE ASSIGNMENTS - File 8-5 x 7-4
After hearing from Police Chief Benaderet on the necessity for unmarked police vehicles being
assigned to both Police Captains, Councilinember Nixon moved and Councilmember Miskimen seconded, to
approve the use of the cars for both Captains.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON TERRA LINDA FIRE - File 13-5 x 9-3-31
Council reviewed a report from Fire Chief Marcucci, outlining the circumstances surrounding the
Heather Way fire on August 6, 1979, which burned 20 acres of open space land adjacent to Las
Colindas Road and destroyed a structure at 590 Heather Way. The report also explained the unusual
situations involving the fire, including the fact that two fire calls were received within ten
minutes, for two fires in the Terra Linda area, when the Fire Danger Rating was "High". The report
described the Fire Department's "Green Belt" Program, to advise homeowners of the perils of wildland
fire and how to protect one's home if threatened by fire. It also mentioned the fact that the City
Council has made the policy decision, based on limited resources, to allow homeowners the option of
removing grass and brush from behind their homes if they desire, on receipt of a permit.
The Council agreed that the Fire Department should continue to work with homeowners' groups on fire
prevention in their respective areas, and to initiate an accelerated program next Spring for coop-
eration of homeowners' groups in clearing open space land adjacent to their properties, and other
fire prevention and protection methods which can be taken.
221
Councilmember Nixon commended Chief Marcucci on his strategy during the fire and incidental problems
in the face of unusual circumstances.
RE: REPORT ON CONFIDENTIAL PERSONNEL BARGAINING UNIT - File 7-3
Council reviewed a report from City Manager Bielser, stating that he and attorney Gary Ragghianti
had met with MAPE representatives regarding addition of four positions to the list of Confidential
Employees: 1) Word Processing Operator; 2) Personnel Aide; 3) Administrative Intern; 4) Code
Enforcement Officer. These four positions involve five individuals. Accordingly, resolutions had
been prepared adding those positions to the list of Confidential Employees and providing for their
compensation. The report noted that, subsequent to the meet and confer session MAPE had filed court
action challenging the Council's action increasing salaries for the other members of the Confiden-
tial group.
RESOLUTION NO. 5749 - AMENDING RESOLUTION NO. 5739 DESIGNATING CONFIDENTIAL EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 5750 - AMENDING RESOLUTION NO. 5740 PERTAINING TO THE COMPENSATION FOR CONFIDENTIAL
EMPLOYEES (Effective August 16, 1979)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: FINAL ADOPTION - ORDINANCE NO. 1344 - AMENDING TITLE 8 "MORALS AND CONDUCT" OF THE SAN RAFAEL
MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.14 "SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS" - File 13-4
Council heard from Dennis Loper of the California Association of Tobacco and Candy Distributors, and
from Mike Barnes, Manager of the Velvet Turtle Restaurant in San Rafael, both expressing concern
about the areas set aside for nonsmokers, and the methods of enforcement of the ordinance. Their
concerns were noted by the Council.
CHARTER ORDINANCE NO. 1344 - An Ordinance of the City of San Rafael Amending Title 8 "Morals and
Conduct" of the San Rafael Municipal Code by Adding a New Chapter 8.14 "Smoking Prohibited in
Certain Public Areas", was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
RE: TERRA LINDA VALLEY SUBREGIONAL TRAFFIC IMPACT STUDY - FINAL EIR - File 4-10-116
Council heard from Mr. Jerry Drake of Wilbur Smith & Associates, outlining the areas studied, and
possible mitigation measures which could be taken.
Council then heard from several homeowners' groups within the area affected, voicing their concern
over alternate routes which would be used when Highway 101 is clogged. They asked for a delay in
any decision to be made. It was explained to the concerned people that the purpose of the agenda
item is only for the City Council to certify the EIR, meaning that Wilbur Smith & Associates have
covered all areas in their report as specified by the City Council, and that no decisions on any
implementation are to be made tonight.
Marie Sessi of Los Ranchitos asked that the Council consider the use of Merrydale Road as an alter-
nate route going north, instead of Los Ranchitos, and mentioned that Merrydale has only a small
portion which does not go through northbound.
After discussion, Councilmember Breiner moved and Councilmember Nixon seconded, to certify the Final
EIR on the Terra Linda Valley Traffic Study, with additional wording to reflect the possibility of a
linkage north being Merrydale Road in lieu of Los Ranchitos Road.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON BID OPENING - DRAINAGE IMPROVEMENTS - CLAYTON & "E" STREETS - File 4-1-287
RESOLUTION NO. 5751 - RESOLUTION OF AWARD OF CONTRACT (To W. R. Forde Construction Co., Inc., Bid
Amount $54,005)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT ON BID OPENING - DAVIDSON SCHOOL MULTIPURPOSE RECREATION FIELD - File 4-1-288
Council discussed the items on the bid sheet, and reviewed the staff recommendation that the con-
tract be awarded to Ghilotti Bros. for the base bid (Items 1 - 4) and Additive 2, in the amount of
$135,800, subject to the City being satisfied that the additional irrigation water will be provided
by the School District.
222
After discussion, in which Councilmember Jensen stated that staff should have come back to the
Council when the project was determined to cost more than the $100,000 originally budgeted, to give
them an opportunity for review and decide on the scope of the project, Councilmember Nixon moved and
Councilmember Breiner seconded, to award the bid to Maggiora & Ghilotti, Inc., low bidder for the
entire project - Base Bid plus Additives 1 and 2, in amount of $145,790.
RESOLUTION NO. 5752 - RESOLUTION OF AWARD OF CONTRACT (To Maggiora & Ghilotti, Inc., Total Bid
$145,790)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then discussed the $50,000 matching funds which were to have been forthcoming from the San
Rafael City Schools for upgrading the front of San Rafael High School. The School Liaison Committee
was asked to contact the City Schools to determine if they intend to go ahead with the project;
otherwise the $50,000 the City has set aside for the project could be used for the Davidson project.
RE: DISCUSSION OF LENGTH OF TIME REQUIRED FOR BIDDING PROJECTS - File 9-1-2 x 9-3-40
Council reviewed a memorandum from Councilmember Breiner, and after discussion adopted the following
policy:
Advance notice is to be given to prospective bidders on projects when there are time constraints on
the start of a project. Notice will be either in the form of a letter or a business notice in the
local newspaper, advising contractors of the forthcoming project and mentioning time constraints and
the City's desire to alert them to the bid time possibility.
RE: PROPOSAL FOR OFF -HOURS EMERGENCY SANITARY SEWER SERVICES - File 9-3-40
Council discussed a proposal by Roto Rooter Sewer Service regarding emergency services to cover
sanitary sewer service stoppages for which the City is responsible. There was a discussion of their
proposed charges for service calls and equipment usage rates, which left unanswered questions.
Item was continued to the meeting of September 4, 1979, at which time staff will have the clari-
fication required.
ADD ITEM
RE: PUBLIC HEARING ON PROPOSED RAISE IN PARKING METER RATES IN DOWNTOWN SAN RAFAEL - File 11-18
Council discussed the possibility of raising the parking meter rates in the downtown area of the
City, and City Manager Bielser informed them that the proposed increases would enable the City to
sell additional bonds to raise $2,500,000, all of which would be used to acquire additional public
parking in the downtown area.
Councilmember Breiner moved and Councilmember Jensen seconded, to hold a public hearing on September
4, 1979, to discuss the proposed raise in parking meter rates in downtown San Rafael.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: EXECUTIVE SESSION
The City Council adjourned to Executive Session to discuss labor negotiations.
APPROVED THIS 4z DAY OF „�,� 1979
�r
MTYOR OF THE CITY OF SAN RAFAEL _