HomeMy WebLinkAboutMinutes 1981-1984 pt. 3In the Council Chambers of the City of San Rafael, Monday, September 20, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
PIIRI Tr TTMF
File 5-1-269
165
Elliott Bien, president of Neighborhood 13 Association, asked the Council for erosion control
on Grove Hill, since the rain last Friday caused a mud flow onto private property. He also
asked for tighter control on the grading. Public Works Director Bernardi informed the Council
that a contract has been awarded to Cagwin & Dorward for hydro -seeding, scheduled to commence
prior to October 1st.
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Regular
Meeting of September 7, 1982 (CC)
2. Resolution of Appreciation - Irene K.
McKean (PD) - File 102
4. Resolution for Charles J. Hendrickson,
Construction Industry Man of the Year (CM) -
File 102
6. Award of Contract - Storm Damage Repair,
Magnolia Ave. Drainage Ditch Reconstruction,
Project No. C-46 (PW) - File 4-1-325
7. Authorization to Appoint the firm of Donald
Herzog & Associates to Serve on the Geo-
technical Review Board (PW) - File 9-2-26
8. Renewal of Radio Maintenance Contract with
County of Marin (GS) - File 4-13-1
9. Claim for Damages - Dianne James (PD) -
File 3-1-711
10. Request for Authorization to Submit Proposal
to San Francisco Foundation re Child Care
Program (Rec) - File 4-10-165
11. Resolution Extending Agreement for Contract
Attorney Services w/Bullard & Paganucci (CM) -
Fila a_�_RF,
12. Status Report on East San Rafael Wetlands
Mitigation Plan (P1) - File 140 x R-201
Recommended Action
Approved as submitted.
RESOLUTION NO. 6393 - RESOLUTION OF
APPRECIATION - IRENE K. McKEAN (Retiring
from Police Department)
RESOLUTION NO. 6394 - RESOLUTION OF
APPRECIATION - CHARLES J. HENDRICKSON,
CONSTRUCTION INDUSTRY MAN OF THE YEAR
RESOLUTION NO. 6395 - AWARD OF CONTRACT,
STORM DAMAGE REPAIR ON MAGNOLIA AVE.
DRAINAGE DITCH RECONSTRUCTION,
PROJECT NO. C-46 (To W. R. Forde
Construction Co., Inc., low bidder, at
($16,050)
Approved staff recommendation to appoint
Donald Herzog & Associates to serve as
geological and geotechnical consultants
to the Geotechnical Review Board.
RESOLUTION NO. 6396 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/County
of Marin for maintenance of City's radio
equipment)
Approved R. L. Kautz & Co. recommendation
for denial of claim
RESOLUTION NO. 6397 - AUTHORIZING STAFF TO
SUBMIT GRANT PROPOSAL TO SAN FRANCISCO
FOUNDATION FOR CHILD CARE PROGRAM ($36,000
to fund multi -media promotional project
w/Marin County Office of Education)
RESOLUTION NO. 6398 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT
(w/William T. Bullard, Jr., for Legal
Services Commencing October 1, and
Terminating November 30, 1982)
Accepted report, and authorized staff to
work w/County Open Space District staff in
developing Joint Powers Agreement.
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13. Award of Bid - One Staff Vehicle & One RESOLUTION NO. 6399 - AUTHORIZING THE
Undercover Vehicle for Police Department (GS) - PURCHASE OF ONE STAFF VEHICLE AND ONE
File 4-2-170 UNDERCOVER VEHICLE FOR THE POLICE
DEPARTMENT UTILIZING EQUIPMENT
REPLACEMENT FUNDS (Hertz Corporation of
Millbrae, low bidder at $11,978)
14. Request for Approval to Create a Council/
Staff Study Committee to Review the Impact
of Abandonment of Northwestern Pacific
Railroad in San Rafael (CM) - File 117
15. Status Report on Storm Damage Repair Projects
(PW) - File 205 x 8-9
Approved Council/Staff task team to review
issues involved, and assist in providing
input to the Countywide task force, well in
advance of actual issues coming before the
city.
Accepted report, with breakdown of projects
including estimated costs and estimated
times of completion.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
3. RESOLUTION OF APPRECIATION - MARY C. DEKKER (Cult Aff) - File 102
RESOLUTION NO. 6400 - RESOLUTION OF APPRECIATION, MARY C. DEKKER (Former Cultural Affairs
Commissioner and Curator of Falkirk art gallery)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner stated that she felt Mrs. Dekker had performed outstandingly in her
duties in Cultural Affairs, particularly in the field of the art showings which have been
enjoyed at Falkirk.
5. RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT, ON BEHALF OF THE CITY OF SAN RAFAEL, AN APPLICATION
FOR GRANT TO THE OFFICE OF CRIMINAL JUSTICE P A NING OCJP OR THE YOUTH SERVICES BUREAU FPDT--
File 4-10-115
Mayor Mulryan inquired whether the City would have to furnish matching funds for this grant,
and Police Chief Ingwersen replied that there is no financial obligation on the part of the
City, but the grant will enable the continuance of the Youth Services Bureau program now in
effect.
RESOLUTION NO. 6401 - APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE OFFICE OF
CRIMINAL JUSTICE PLANNING (YOUTH SERVICES BUREAU)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARINGS RE ALLEGED ILLEGAL UNITS AT 401, 405 AND 511 "D"
STREET, SAN RAFAEL P1 - File 3-3-30
Mayor Mulryan declared the public hearing opened, and stated there is a recommendation from
staff that because of the legal nature of the proceedings that the hearing be set for a time at
which no other hearing will be conducted.
City Manager Beyer informed the Council that it is the Contract Attorney's opinion that,
because of the nature of this process, there should be a quasi -legal proceeding which would
take additional time. Also, there are packets of information from the staff based on recent
information which has been accumulated, and new information from property owner Loder's
attorney on the matter. Therefore, extra time is needed for each party to review the other's
data and come back to the Council. Mr. Beyer recommended that the hearing be continued to
Monday, November 8th. This date will be agreeable to Mr. Loder's attorney, Sanford Logan.
Mayor Mulryan, agreed, but recommended that there be a cutoff date on the part of the staff
and the property owner and his attorney, if there is to be additional information. This would
enable all interested parties to review everything submitted. It was agreed that Friday,
October 29th, would be the final date for submission of information.
Mayor Mulryan continued the public hearing to 8:00 PM on Monday, November 8, 1982, at which
time only this item will be discussed. It will be conducted as a legal proceeding with
records kept, and notices sent.
17. PUBLIC HEARING - APPEAL OF MANDATED REQUIREMENTS FOR HANDICAPPED ACCESS - 2022 FOURTH STREET
PW - File 13-1-1
Mayor Mulryan declared the public hearing opened.
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Public Works Director briefed the Council on the matter, stating that State law requires that
handicapped access be provided for all remodeling of existing buildings. The owner of the
building at 2022 Fourth Street has requested relief from the requirement to provide handicapped
access, and staff is recommending that the Council reconvene as the Board of Appeals and hold
a hearing to consider all testimony relating to this appeal. The requirements being appealed
are: 1) Access provided to the primary entrance, either by elevator or ramp; 2) A toilet room
accessible to the handicapped; and 3) A handicapped parking space must be provided. This
space does not have to be specifically reserved for handicapped use only, but must be of the
proper dimensions.
Council agreed to sit as both the City Council and the Board of Appeals, to hear this matter.
F.D. Begg, owner of the property in question, stated that the recessed additional entrance and
door required would cost approximately $5,500, and if required to excavate the hillside for an
additional parking space the cost would be increased by another $5,000. He stated that he
does not expect to have the need for handicapped access, based upon the use of his office in
Kentfield. He noted that this will be a one -tenant use.
Public Works Director Bernardi replied that it would not be necessary to excavate the hillside,
but merely to adjust the parking spaces in the area now planned.
Mr. Begg stated he would rather settle for providing $2,000 toward an area in San Rafael
where handicapped access is needed and will be used, rather than comply with the Planning
Department conditions.
There being no further public input the public hearing was closed.
Councilmember Breiner stated she realizes there is a hardship involved, but over the years as
the population ages there will be increased need for such access. She also noted that the
building will no doubt increase in value in future years, which will lessen the initial cost
of this requirement.
Councilmember Breiner moved and Councilmember Frugoli seconded, to deny the appeal and direct
staff to bring back, at the October 4, 1982 meeting, a resolution with appropriate findings
of fact.
Under question, Councilmember Miskimen favored accepting the in -lieu payment rather than
denying the appeal. He felt that there should be guidelines for such a case, and stated it
was difficult to draw the line in such instance where there could possibly be two tenants
instead of one, since there will be living quarters on the top floor.
Councilmember Jensen favored accepting the funds, since this will be a professional office
and the handicapped parking space may possibly go unused.
Councilmember Frugoli mentioned that in the future the use of the building might change, and
that fact should be considered.
AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen & Miskimen
ABSENT: COUNCILMEMBERS: None
18. PUBLIC HEARINGS: (P1) - File 10-2
a. Northgate Activity Center EIR
b. Northgate Activity Center Plan
Mayor Mulryan declared the public hearings opened.
Planning Director Moore briefed the Council regarding the EIR. The major changes identified
are the potential for: 1) Significant congestion at major interchanges if needed interchange
improvements cannot be constructed concurrent with projected development; 2) Increased
congestion on Highway 101; and 3) Adverse traffic noise impacts on 41 dwellings. Ms. Moore
stated that a number of less significant impacts and appropriate mitigation measures are also
described in the EIR. The Planning Commission considers the EIR is complete.
M 1:
Mayor Mulryan asked how would the $11 million for the traffic improvement be financed, and
Ms. Moore responded that the Plan, as it is recommended to the Council by the Planning
Commission, calls for new development being obligated to guarantee funding of any needed
circulation improvements. The Planning Commission used that as the bottom line guarantee,
that if there are no other funding sources new development would be responsible. Presumably,
the way those funds would be generated would be through mitigation fees and/or assessment
district formation. That would be a way of spreading out the cost of those mitigation fees.
The Commission also recommends that State and Federal funding for interchange improvements
continue to be very vigorously pursued by the City, and that the City Council when reviewing
the Capital Improvement Program give due consideration as to whether the City can commit any
City monies to funding these circulation improvements. The Commission was concerned about
lag time if State funds are to finance major improvements. It could be at least six years
before funds are available. New development would impact on the traffic before improvement
funding could be secured. The surrounding residents and businessess would be subjected to
high congestion levels, possibly for up to ten years.
Mayor Mulryan stated it would appear that the primary problem is at the Freitas Parkway
overpass, and asked if there was discussion of other means of raising funds to affect improve-
ments at that interchange. Ms. Moore replied that there is recognition of the fact that
there are some large developments proposed which will particularly impact the Freitas inter-
change, the properties on the east side of the highway, and north of the Civic Center - First
National State Bank of New Jersey, National Medical Enterprises Property and Northgate East
Expansion. There is also the possible expansion of the Northgate Mall. The large projects
could possibly handle an assessment district for traffic mitigation fees. There is the
possibility that these projects would wish to form an assessment district in any event,
because of on and offsite sewer and water improvements which must be made.
Mayor Mulryan called upon Councilmember Breiner who had met with the Planning Commission on
this subject. Mrs. Breiner stated that one message is that we cannot just wait for the State
to provide the funding. One of the things the Planning Commission really wanted was for the
City Council to establish a policy so everyone knows up front just what can we realistically
expect to do. The two things we have to accept as givens: No. 1, we do not want to see a
moratorium because we have traffic growth which has outstripped capacity; and No. 2, we do
not want to have a Level of Service worse than "D". Due to the fact that there will be
nothing coming from CalTrans for a considerable period of time, the Planning Commission is
looking to the Council to decide whether to go with mitigation fees, or something else.
Ms. Moore informed the Council that since the Plan is the project, that perhaps she should
give her presentation on the Plan prior to the Council taking public testimony on the EIR.
This might be helpful to the Council and the public. Council agreed to have the overview of
the Plan.
Ms. Moore informed the Council that the Plan includes a balanced set of policies as concept-
ually endorsed by the City Council in June 1981 establishing land uses, circulation improve-
ments, acceptable levels of service, and a funding program. To implement these policies, all
properties within the Northgate Activity Center area will be rezoned to appropriate land use
and trip generation designations. The proposed capital improvements will be endorsed and
constructed on an as -needed basis to maintain acceptable levels of traffic service. An
important aspect of the Plan is its technique to maintain balance in timing between develop-
ment construction and construction of transportation improvements. Available capacity will
be analyzed during the development review process and approvals will be granted contingent on
the maintenance of Level of Service D during peak periods of operation. As was shown in the
EIR, the total cost of all needed traffic improvements is approximately $11,000,000. The
Planning Commission recommended that specific allowances be made for any residential projects
which included below market rate units, and that the traffic allocation limitations be waived
if necessary, as a way to provide the below market rate units. That is a very special
housing policy which would be in the Plan, as recommended to the Council by the Planning
Commission.
Intensification of already -developed properties would be limited, for the purpose of not
increasing traffic generation. This would be implemented through rezoning and monitored
through control of business licenses. Land use designations and traffic allocations are made
for vacant, undeveloped properties. These are shown individually in the Appendix to the EIR
and the Plan. Additionally, there is one exception called out with regard to the Level of
Service D, and that would be expansion of the Northgate Mall would be allowed to proceed with
exceeding of Level of Service D for a period of time until the Manuel Freitas Interchange is
improved. That is because of the very special importance that project has to the City, and
the City's sales tax base.
Planning Commission and staff are faced with ongoing projects coming up for approval at the
present time, which are directly connected with the traffic improvements and Level of Service.
They are the Civic Center North project, by First National State Bank of New Jersey; the
Civic Center Plaza project immediately north of that, and also further expansion of Northgate
East. Any of these projects would have major impact on the Manuel Freitas Interchange.
Ms. Moore then outlined the various funding methods - City, State and Federal, and traffic
mitigation fees by developers.
169
Mayor Mulryan and Councilmember Miskimen questioned the advisability of considering expansion
of the Northgate Mall and the resulting lowering of the Level of Service below "D", but
deferred a decision pending the hearing of public testimony.
Council then heard from Malcolm Jayred of M&T Properties, owners of the Northgate Shopping
Center, who reassured the Council regarding his concern about traffic congestion. However,
he informed the Council that his firm is in the final stages of signing with Mervyn's Depart-
ment Store and he would hope that there would be no deterrent at this point in their negoti-
ations. He conceded that a good traffic flow is necessary, for people to come to the
Northgate Shopping Center, but it was his understanding that the offsite plans would accom-
modate a service which would not deter customers from coming into the Center.
Councilmember Miskimen questioned the advisability of making an exception for one developer,
in order to benefit by the additional sales tax. Mayor Mulryan asked staff to explain
whether, in view of Mervyn's being almost ready to sign, if we are in danger of going to
Level of Service "E" as a result, or are there provisions in the Plan to prevent that. Ms.
Moore replied that an expansion of Northgate Mall, as projected in the Plan, would lead to a
situation where there would be an exceeding of Level of Service "D" at Manuel Freitas Inter-
change at peak periods. That project, by itself, would have the capacity to go to Level of
Service "E".
Councilmember Breiner inquired if the problem would be caused by people leaving the shopping
center, and Ms. Moore replied that the problem would be caused by both incoming and outgoing
traffic during peak periods. Mrs. Breiner stated that if it came to such a decision, she
would be in favor of the retail development, because the City needs the sales tax dollars.
Councilmember Frugoli agreed, stating that retail generates a different type of traffic than
office does, with the retail traffic being spread throughout the day, with the office traffic
having peak periods in the early morning and late afternoon. Mayor Mulryan also agreed.
Councilmember Jensen did not agree with this concept, stating that there should be no
exceptions.
Kurt Teichmann then addressed the Council, representing the Board of Directors of the Terra
Linda Homeowners' Association, which represents over 900 homes in Terra Linda. Their main
concern is that the funding for the road improvements has not been established, and they
recommend and request that development be slowed until funding for road and interchange
improvements as identified are accomplished. They support the concept of front end mitigation
fees on all new developments, starting now, to provide the major part of the funding.
Mayor Mulryan called for comments on the Plan, and Lee Oberkamper, representing Dave Sargent,
developer of Civic Center Plaza, referred to page 8, paragraph 5 of the Plan, regarding
adoption of a cost allocation program for roadway projects, which stated that the City will
explore the feasibility of Capital Improvement Program and new assessment district partial
funding of improvements. He suggested that the options be left open, to be explored in more
depth and detail, such as an interim connection or a much lower cost connection as compared
to the Merrydale Overcrossing.
There being no further public input, the hearing was closed.
Mayor Mulryan inquired of Ms. Moore regarding assessment districts for the major users of the
Freitas Interchange, asking if it has been explored thoroughly enough to know whether it is
feasible at this time, or whether that alone would get the area through the Level of Service
"D" problem. Ms. Moore replied that it has been looked at enough to know it is feasible.
Staff has an idea of what the annual assessments would be for a fifteen -year assessment
district - if it were applied to the entire Northgate Activity Center, both developed and
undeveloped properties, for office, the assessment would be 25¢ per square foot per year,
approximately. If the assessment district was to be funded only by new development, that
assessment would be approximately doubled. There have been indications that some of the
developers would be interested in that, because it is a way of financing the transportation
improvements over a long period of time. Also, the funds for the improvements are secured up
front, and the construction of those improvements would be able to be programmed. Some of
the developers have stated they would like to know whether or not there will be traffic
mitigation fees, because they have to factor that in to know what the costs of the develop-
ment are. At least two developers have informed the Planning Commission that they would
prefer that there be traffic improvement fees for new development required for all of the
improvements, rather than to face the specter of a moratorium and not knowing whether their
project would be "shot down" during the approval process before they could get under
construction.
Councilmember Breiner stated she would like to have staff review the various funds the City
might be able to contribute, because the City should be participating. Also, in the event
the gas tax is put on the ballot in Spring, which is a possibility, staff should figure what
funds that would generate. Another approach is the sales tax, so that when the Council is
reviewing what an assessment district would do, the City's participation should also be
considered. Also, the staff should attempt to find out what is happening in terms of
CalTrans, if matching funds could be made available.
170
Mayor Mulryan called on Bob Crockett, Senior Transportation Engineer for CalTrans, who stated
their method of prioritizing projects for available funds throughout California, and it does
not include local contributions. However, the California Transportation Commission is the
one which actually programs the projects and they have a policy which says they will consider
the local contribution when they are setting their priorities. He outlined the methods by
which the California Transportation Commission sets the priorities: 1) They start with the
CalTrans list of priorities, called "Preliminary State Transportation Improvement Program";
2) In April the Region, MTC, submits a Regional Transportation Improvement Program. Last
year, Marin County did not have any needs outside of the HOV Lane, Phase I, according to the
way it was presented. Most other counties had $30, $40 or $50 million dollars worth of
needs.
Mayor Mulryan asked if the "self help" approach, combined with the assessment district
approach would be of help with regard to the priority list.
Mr. Crockett replied that the amount of funds would be the deciding factor. The Federal
funds which would go into this type of project would probably be FAP, Primary Funds, rather
than Urban Funds. Primary Funds in California are very short. The Commission does not give
much credit to local contributions for State funding for matching Federal Primary Funds,
which rate 6%. It would probably take 50% to 90% local funding to get attention, in Mr.
Crockett's personal opinion.
Mayor Mulryan stated he feels that there is a need for specific study to try to draw up
precise plans.
Councilmember Breiner moved and Councilmember Miskimen seconded, to direct staff to bring
back more information along the lines which have been discussed, before Council proceeds to
certify the EIR or adopt a Plan.
Under discussion, Councilmember Miskimen asked City Manager Beyer to furnish the Council with
copies of the ABAG study on traffic mitigation measures and fees for the entire Bay Area, for
comparison purposes.
Councilmember Breiner added that the information furnished to the Council should include the
potential to change the geometrics of the current interchange if that can be done at a lesser
cost. If there is such a possibility the Council should be aware of what the tradeoffs might
be.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. REPORT ON CITY'S HEALTH INSURANCE PROGRAM - File 7-1-15 x 7-1-22
City Manager Beyer explained the Blue Cross Health Plan to the Council, in response to a
request from Councilmember Jensen. The City has replaced the Blue Cross/Phoenix Mutual
Health Insurance Plan with a full Blue Cross program, effective September 1, 1982, in order
to hold down the cost of coverage and to provide better service.
Councilmember Jensen stated he is having a problem having his Blue Cross prescription card
accepted at a drug store, and City Manager Beyer was asked to look into the problem.
(Councilmember Jensen left meeting)
20. NORTH SAN RAFAEL POLICY PLAN - PHASE THREE: EVALUATION OF ALTERNATIVES (P1) - File 210 x 191
Planning Director Moore briefed the Council, stating that this report is the third in a
series of reports prepared during the joint City/County study of the St. Vincent's, Silveira
and Daphne properties. The report contains a detailed evalution of the three conceptual land
use alternatives formulated earlier in the North San Rafael study. Based on information
presented in this report, staff is asking the Council to decide on an alternative.
Edith McKenna of the Daphne property informed the Council that they have no intention of
developing at this time, and they could not possibly come up with the type of detail necessary
to request a prezoning. She feels this is premature.
Irving Schwartz of Schwartz-Waag Associates, stated that there is a proposed use plan for the
Daphne property, which is a mixed use development with 18.5 acres of medium density residen-
tial development and 19 acres of office use. He gave further details for Council's informa-
tion.
I
17
After further discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to
approve the staff recommendations 1 through 5, as follows: 1) Phase I of Alternative B
appears preferable to other alternatives; 2) Detailed evalution to be made of alternatives
proposed by property owners or other affected parties or agencies; 3) Detailed environmental
and fiscal review be done of all alternatives considered; 4) Expanded fiscal analysis be done
which identifies critical thresholds for provision of the various public services and the
cost/revenue effects of development timing and sequence on the City and other service pro-
viders; and 5) Methods for funding transportation improvements and requiring Transportation
Systems Management be provided.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
21. DISCUSSION RE INDUSTRIAL DEVELOPMENT BONDS (CM) - File 8-22
City Manager Beyer reported that staff has drawn up an Ordinance for approval, adding a
section to the Municipal Code providing for the City to issue revenue bonds for the purpose
of providing financing to participating parties for economic development purposes.
Bob Thayer of Orrick/Harrington consultants informed the Council that there is no risk to the
City if the Ordinance is adopted. The actions following would be an inducement Resolution
for a specific project. Also, criterion will be needed for the future.
An Ordinance of the City of San Rafael, Adding Chapter 3.30 to Title 3 of the San Rafael
Municipal Code Authorizing the Issuance of Revenue Bonds for the Purpose of Providing
Financing to Participating Parties for Economic Development Purposes, and numbering Charter
Ordinance No. 1441, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
22. COUNTYWIDE PLAN ADVISORY COMMITTEE REVIEW OF HOV LANE ALTERNATIVES (P1) - File 191 x 11-16
Planning Director Moore briefed the Council, stating that the Board of Supervisors has
referred the issue of the HOV Lane design to the Countywide Plan Advisory Committee, which
will meet on September 23, 1982. Councilmember Breiner is a member of that committee. The
City has previously endorsed the separate reversible lane for the HOV Lane project. However,
it now appears important to endorse the most cost efficient lane alternative under discussion,
and after analysis it has been concluded by staff that the City's endorsement can be modified
to support of the contiguous HOV Lanes design provided that other access, circulation and
noise mitigation concerns of the City be address in the State project.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve
the staff recommendation to adopt four policies: 1) Endorsing the concept of contiguous HOV
Lane project; 2) Mandatory inclusion of noise barriers; 3) Concept of auxiliary lanes between
highway interchanges; and 4) Requirement of construction of a northbound on-ramp at Manuel
Freitas Parkway/Redwood Road to provide adequate freeway access for HOV's.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
23. DISCUSSION OF REQUEST FROM FIRST NATIONAL BANK OF MARIN (IN ORGANIZATION) FOR ALLOCATION OF
PARKING SPACES IN CITY LOT AT FIFTH AVENUE C STREE P - File 2_7872T_
Councilmember Breiner stated she still feels it is unfair to the other merchants if too many
spaces are taken away. She would like it to be reduced to eight spaces instead of ten to
fifteen as requested. Even if the spaces are empty at times, other people could not use them
if they are allocated to the bank.
Councilmember Frugoli moved and Councilmember Miskimen seconded, to grant twelve spaces to
the First National Bank of Marin (In Organization) at the Fifth Avenue and "C" Street parking
structure, and authorize staff to finalize negotiations for a lease agreement with a rental
rate of $20 to $30 per space per month, with the usual indemnificaiton clauses and inter-
ruption of use for repairs to be included.
AYES: COUNCILMEMBERS: Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: Jensen
24. FINAL ADOPTION - ORDINANCE NO. 1440 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL
CM - File 9-1
CHARTER ORDINANCE NO. 1440 - 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:
172
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Jensen returned)
25. CONSIDERATION OF REQUEST TO ASSIST IN FINANCING PARKING STRUCTURE AT NORTHGATE SHOPPING
CENTER CM - File11-13
Finance Director Coleman briefed the Council, stating that for the past 18 months the owners
of the Northgate Shopping Center have been attempting to interest a third major retail store
to locate in their Center. It now appears that Mervyn's will build an 89,000 square foot
store at Northgate, but the Northgate owners will need some financial support from the City
to proceed with the project. The major cost item will be the construction of a deck for the
required additional parking spaces. A number of alternatives have been discussed involving
cost, profits, return on investment, revenue, etc., but the most feasible option would seem
to be a formula tied to the increased sales tax volume.
After discussion, Council asked staff to bring back figures for their consideration, including
current sales tax revenue.
26. DISCUSSION OF HELIPORT IN CITY OF SAN RAFAEL (CM) - File 211
Planning Director Moore informed the Council that three helicopter companies have expressed
interest in locating a heliport in East San Rafael, and staff is seeking a general indication
as to the possible acceptability of the land use in East San Rafael.
SFO Airlines and Spirit Airways have contacted City staff regarding a heliport on surplus
Golden Gate Bridge District property on Andersen Drive adjacent to the bus maintenance
facility. Both companies are interested in providing basically the same type of service.
Small six to seven seat helicopters would be used for 12 to 28 scheduled flights a day
between 6:30 AM and 9:00 PM. SFO proposes a shuttle service to the San Francisco airport,
while Spirit would provide a similar service to Oakland and San Francisco airports, and
downtown San Francisco. Air Exec has indicated an interest in operating a charter service
limited to no more than 15 flights per day from Bay Toll Bridge Authority property at the end
of Francisco Boulevard, south of the Marin Rod & Gun Club.
In addition to local approval, heliports are subject to approval by the California Department
of Transportation Division of Aeronautics, which reviews site and approach design, and the
Federal Aviation Administration (FAA), which reviews approach and flight patterns.
Staff recommended that the Council endorse the concept of a heliport use in East San Rafael,
subject to environmental review and all necessary permits, determining that no significant
adverse effects would result.
Jules Becker of SFO Helicopter informed the Council that he was prepared to deal with the
Planning Department regarding any mitigation. He is looking for Council approval because he
cannot approach a property owner without it.
Councilmember Breiner asked that the record show that the Council is not trying to influence
the Planning Commission by giving conceptual approval.
Councilmember Breiner then moved and Councilmember Frugoli seconded, to approve the staff
recommendations regarding conceptual approval subject to environmental review and all neces-
sary permits, determining that no significant adverse effects would result from such a
service.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. RESOLUTION AMENDING AGREEMENT WITH CITY MANAGER (CM) - File 9-3-11
RESOLUTION NO. 6402 - AMENDING THE AGREEMENT BETWEEN CITY MANAGER AND CITY OF SAN RAFAEL
(RESOLUTION NO. 5985) (12% increase effective January 1, 1982)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
V L
173
CLOSED SESSION
28. The Council adjourned to Closed Session to discuss labor negotiations and pending litigation.
JEANNE M. LEONC IN , City Clerk
APPROVED THIS y XR
DAY OF gc�&� , 1982
?�M=AYOR OFTH2�Y �FS RAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 4, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency
Member
Gary R. Frugoli, Councilmember/Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
�. iRE: JOINT PUBLIC HEARING TO CONSIDER THE SALE OF AGENCY PROPERTY AT THIRD AND "A" STREETS,
SAN RAFAE (LAMPERTI) RA - File R-216 x 140
Mayor/Agency Chairman Mulryan declared the public hearing opened. There being no public input
the public hearing was closed.
REDEVELOPMENT AGENCY
Member Breiner questioned the parking requirement, in event the use should change from retail
to office. Consultant Ward informed the Agency that page 2 of the Disposition & Development
Agreement specifies retail space on the ground floor, and that the preliminary development
plan, which is part of the approval process, takes precedence over the zoning, so there would
be no possibility of the use being changed without the matter coming before the Agency for
approval.
1. RESOLUTION APPROVING NEGATIVE DECLARATION
RESOLUTION NO. 82-27 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT
AGREEMENT WITH ALBERT LAMPERTI AND ASSOCIATES (3rd & A Project)
(Ptn of AP 11-261-19)
AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: None
2. RESOLUTION DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA HEALTH &
SAFETY CODE
RESOLUTION NO. 82-28 - DETERMINES AGENCY HAS COMPLIED WITH SECTION 33433 OF THE HEALTH AND
SAFETY CODE AND APPROVING DISPOSITION & DEVELOPMENT AGREEMENT WITH
ALBERT LAMPERTI AND ASSOCIATES (Ptn of AP 11-261-19)
AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan
NOES: MEMBERS: None
ABSENT: MEMBERS: None
174
CITY COUNCIL
1. RESOLUTION NO. 6403 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA
HEALTH & SAFETY CODE REGARDING SALE TO ALBERT LAMPERTI & ASSOCIATES
(Ptn of AP 11-261-19)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA5E M. LEONCINI, City C er Agency Secretary
APPROVED THIS /9 ;C-4 DAY OF O ZW ,,, , 1982
LAWRENCE E. MULR AN, May r Age y C airman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 4, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Joint
and Regular Meetings of September 20,
1982 (CC)
4. Award of Contract - Mountain View Ave. Storm
Repair, Project No. 19-1998604005 (PW) -
File 4-1-326
7. Resolution Approving Application for State
Energy Funds - Fuel Efficient Traffic Signal
Timing Program (PW) - File 11-25
8. Set October 18, 1982 as Date for Public
Hearing on Appeal of Mandated Requirements
for Handicapped Access - 1218 Second St.
(PW) - File 13-1-1
9. Claim for Damages - Robert Raudso - (PW) -
File 3-1-713
10. P82-7 - Street Name Designation of "Baxter's
Court" for Driveway in Commercial Complex;
Francisco Blvd. West; James M. Baxter,
Owner & Representative; AP 18-011-32,
53 & 54 (P1) -File 11-2
11. Resolution re Mandated Requirements for Handi-
capped Access, 2022 Fourth St. (PW) -
Fila 11-1-1
Recommended Action
Approved as submitted.
RESOLUTION NO. 6405 - AWARD OF CONTRACT -
MOUNTAIN VIEW AVENUE STORM REPAIRS,
PROJECT NO. 1998604005 (To Piombo General
Engineering Contractors, Inc., low bidder
@ $70,895.30)
RESOLUTION NO. 6407 - AUTHORIZING FUEL
EFFICIENT TRAFFIC SIGNAL MANAGEMENT
PROGRAM GRANT APPLICATION
Approved setting date of public hearing
for October 18, 1982.
Approved R. L. Kautz & Co. recommend-
ation for denial of claim.
RESOLUTION NO. 6408 - NAMING A PRIVATE
STREET (UNOFFICIALLY KNOWN AS "BAXTER'S
ALLEY") BAXTER'S COURT
RESOLUTION NO. 6409 - RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN RAFAEL
(IN ITS CAPACITY AS BOARD OF APPEALS)
DENYING APPEAL FROM STATE ACCESS REQUIRE-
MENTS - 2022 FOURTH STREET (Re
Handicapped Access)
12. Amendment to Joint Powers Agreement with
County of Marin re Major Crimes Task Force
(CM) - File 4-10-114
175
RESOLUTION NO. 6410 - AUTHORIZING THIRD
AMENDMENT TO THE MAJOR CRIMES TASK FORCE
JOINT POWERS AGREEMENT ($29,800 contri-
bution in lieu of manpower members)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. RESOLUTION OF APPRECIATION - DOLLY NAVE (Red - File 102
Councilmember Frugoli commended Dolly Nave for her success in the project, and stated that
this type of accomplishment is an example of what can be done when a community becomes
involved. Included in the Albert Park softball improvements just completed are a press box
and storage area, painting of the bleachers, landscaping, new restrooms, and paving of the
area around the bleachers and entryway, with the total improvements estimated at over $25,000.
Presentation will be made at a dedication ceremony at Albert Park on October 10th.
RESOLUTION NO. 6404 - RESOLUTION OF APPRECIATION - DOLLY NAVE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
3. AWARD OF CONTRACT - STORM DAMAGE REPAIR, RETAINING WALL AT 67 MIRAFLORES AVENUE, PROJECT
NO. C-20 PW - File 4-1-327
City Manager Beyer recommended that the contract for this project not be awarded at this time
until the City is assured of supplemental funding from FEMA. The low bid was for $36,090, and
Federal funds in amount of $9,136 have been approved for the project.
Mayor Mulryan expressed concern regarding the delay. Public Works Director Bernardi informed
the Council that a letter has been sent to the Office of Emergency Services in Sacramento
requesting additional funds.
Mayor Mulryan asked for a report on the matter at the October 18, 1982 meeting. Councilmember
Breiner added that she would like the Council to receive an update on the storm damage projects
at each meeting, particularly with regard to the funding.
5. SET OCTOBER 18, 1982 AS DATE FOR PUBLIC HEARING TO CONSIDER APPEAL OF METROMEDIA AND FOSTER &
KLEISER ON ABATEMENT ORDER TO REMOVE BILLBOARD ADJACENT 0 HIGHWAY 101, 0 - - W -
Fi e 3-3-35 x 13-9
Mayor Mulryan stated that the billboard was destroyed and he saw no need for a public hearing,
since the matter is now moot. Contract Attorney Bullard agreed, since the purpose of the
public hearing was to have been the abatement of the billboard. However, the matter could be
left on the calendar in the event there was some residual matter with regard to the abatement
proceedings. It would have to be re -noticed, in any event.
Councilmember Jensen moved and Councilmember Breiner seconded, to cancel the hearing proposed
for October 18, 1982.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
6. AWARD OF BID FOR ONE POLICE MOTORCYCLE (GS) - File 4-2-171
City Manager Beyer called attention to his memo containing additional facts regarding the award
of the bid for a Kawasaki motorcycle for the Police Department. The savings to the City by
going to bid with the City of Novato and having the vendor bid on five motorcycles instead of
one, is $100. It is not known what the bid would have been if it had been on one unit from G &
B Kawasaki of Petaluma, whose bid for the five motorcycles was $5,199.30 each. The second
issue is regarding the 1% discount of sales tax given a local vendor. This is a common
practice for vendors in San Rafael. If the City takes the low bid of $5,199.30 and subtracts
1% from the third lowest bidder, Marin Motorsports of San Rafael, at $5,245.94 with the sales
tax benefit to the City, his bid for the five motorcycles would be $5,193.43, or $5.87 below
the bid by G & B Kawasaki.
After discussion Councilmember Jensen moved and Councilmember Frugoli seconded, to adopt a
Resolution awarding the bid for one motorcycle to Marin Motorsports for $5,245.94, with the
Resolution to contain the stipulation that staff request the City of Novato to purchase their
four motorcycles from Marin Motorsports with the condition that the City of San Rafael reim-
burse Novato for the sales tax we would receive on the four vehicles.
Ai
176
RESOLUTION NO. 6406 - AUTHORIZING THE PURCHASE OF ONE POLICE MOTORCYCLE UTILIZING E(
REPLACEMENT FUNDS (From Marin Motorsports of San Rafael, @ $5,
w/offer to City of Novato re reimbursement of sales tax if the
purchase four)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - s81-39 - APPEAL OF PLANNING COMMISSION APPROVAL OF A TWO -LOT SUBDIVISION;
BAY WAY; FILED BY ALBERT BIANCHI REPRESENTING MICHAEL WOODSON; DENNIS HORNr, OWNER;
ARTHUR LANG ASSOCIATES, REPRESENTATIVES; A 16-261-06 - File 5-1--=
Mayor Mulryan declared the public hearing opened, and continued it to November 1, 1982, at
request of attorney Albert Bianchi, representing the appellant, Michael Woodson.
14. PUBLIC HEARING - COURT MANDATED PROCEDURAL PUBLIC HEARING RE SOFABED CONSPIRACY APPEAL (CA) -
File 3-3-3-6—
Mayor Mulryan declared the public hearing opened. He announced that this is a court -mandated
procedural hearing regarding the Sofabed Conspiracy appeal. When the matter went to court, the
court would not accept testimony or statements in court, that there in fact was a banner on the
building in existence, and that it was in existence in violation of our Sign Ordinance, due to
the lack of sworn testimony. So, the very limited and specific purpose of this hearing is to
take sworn testimony.
Contract Attorney Bullard agreed, and notified the Council that the Code Enforcement Officer is
checking the lobby to see if there is a representative of the Sofabed Conspiracy. Mayor
Mulryan asked that the record indicate that he had seen the Code Enforcement Officer proceed
out into the lobby, look around and return to the Council Chambers. Also, that there are
microphones in the lobby which carry the voices from the Council Chambers.
Mayor Mulryan asked if there was anyone present who wished to comment. No one responded.
Contract Attorney Bullard presented a limited testimony of the Code Enforcement Officer, to
comply with the court's order so that he may go in and get the preliminary injunction dissolved.
Code Enforcement Officer Roy Butts was then sworn in by City Clerk Leoncini. He stated that
his legal name is William L. Butts, but that he is known as Roy Butts. Mr. Butts proceeded to
give testimony regarding the steps taken in the matter of the illegal banner, and also testified
that Kenneth Schmier of Sofabed Conspiracy had been notified of this hearing at his Ashby Ave.
(Berkeley) address by certified mail. He was also notified by telephone.
(Councilmember Miskimen left meeting)
Mr. Butts also produced a photograph, taken this date, showing the banner still in place. The
photo and receipt for certified mail were made a part of the record. No one indicated they
wished to cross-examine Mr. Butts.
Mr. Bullard then stated that, if appropriate, there is a Resolution to be adopted which would
once again confirm that the Council held a hearing, that notice had been given to the person
who was cited, that the hearing consisted of sworn testimony, and that once again the Council
ordered that the sign be declared a public nuisance and removed.
The public hearing was closed.
RESOLUTION NO. 6411 - ORDERING ABATEMENT OF PUBLIC NUISANCE (Illegal banner at Sofabed
Conspiracy, 811 Francisco Blvd., San Rafael)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
15. REQUEST TO ADOPT RESOLUTION SUPPORTING THE SAN RAFAEL PUBLIC EDUCATION FOUNDATION - File 212
Councilmember Breiner informed the Council that she felt the City should support the newly
formed San Rafael Public Education Foundation, which is a nonprofit organization whose goal is
to raise money for specific programs intended to improve the quality of public education in the
City of San Rafael.
RESOLUTION NO. 6412 - ENDORSING THE SAN RAFAEL PUBLIC EDUCATION FOUNDATION
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
177
16. STATUS REPORT ON FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34
Public Works Director Bernardi briefed the Council on the status and progress of the work on
-_ Francisco Boulevard East. The curb and gutter work has been completed, also the sewer line
replacement. There are a few remaining side laterals to connect. The traffic signal conduit
has been installed, and the signal poles will be installed within the next three weeks. The
widening of Francisco Blvd. East from Medway Road to Bellam Blvd. is approximately 50% complete.
The retaining wall has been constructed and the storm drainage completed. The intial paving
will begin shortly.
When staff contacted PG&E for an update on removal of the poles they indicated that they are
ready to remove all of their facilities by October 1st. Approximately 50% of the properties
have converted to underground. PG&E cannot remove the poles until the remaining properties
convert. Staff is hoping the remaining properties will convert within the next two months so
PG&E can pull their facilities out by Christmas, which is in accordance with the original
schedule.
Mayor Mulryan expressed concern that this work gets done before the rain starts. Mr. Bernardi
informed the Council that Mr. DiPietro and Mr. Viglienzone will put pressure on the property
owners who are holding out. Mayor Mulryan suggested a sub -committee of the Council to talk to
those property owners, and Mr. Bernardi informed the Council that under the Code they have the
option to force people to underground. Councilmember Breiner asked Mr. Bernardi to furnish the
Councilmembers with a list of the "hold outs".
Mr. Bernardi then informed the Council that on November 2, 1981 they authorized expenditure of
traffic mitigation fees to finance the widening of Francisco Blvd. East between Medway Road and
Bellam Blvd. Upon formation of the assessment district the finalized price was $165,000.
However, subsequent to the award of contract and issuance of an encroachment permit to widen
Francisco Blvd. East, CalTrans has required modifications to the encroachment permit, including
the addition of a "jersey type" barrier and relocation of storm drainage facilities. Since
these additional requirements were made after the contract was awarded, the additional costs
associated with these items have not been provided for. The cost of the additional work is
$60,000. Staff is recommending that Council authorize the expenditure of an additional $60,000
from traffic mitigation fees to fund these requirements.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the use of $60,000
in traffic mitigation fees to fund the added improvements on Francisco Blvd. between Medway
Road and Bellam Blvd.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17. FINAL ADOPTION - ORDINANCE NO. 1441 - ADDING CHAPTER 3.30 TO TITLE 3 OF THE SAN RAFAEL MUNI-
CIPAL CODE AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF PROVIDING FINANCING
TO PARTICIPATING PARTIES FOR ECONOMIC DEVELOPMENT PURPOSES CM - File8-22
CHARTER ORDINANCE NO. 1441 - Adding Chapter 3.30 to Title 3 of the San Rafael Municipal Code
Authorizing the Issuance of Revenue Bonds for the Purpose of Providing Financing to Partici-
pating Parties for Economic Development Purposes, was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. INDUSTRIAL DEVELOPMENT BONDS (CM) - File 8-22
a. Adoption of Resolution re Criteria for Issuance of Bonds
Council discussed the criteria, and agreed on the following changes: 10. to read: Con-
sistency with the City's General Plan and Zoning Ordinance. 12. Change to: Location
within the City limits. 13. (Added) Would not have an adverse affect on housing or
traffic. 14. (Added) The overriding criteria will be the general availability of long-term
financing.
Councilmember Breiner added that the Council should have a well-defined process.
RESOLUTION NO. 6413 - ESTABLISHING CRITERIA AND GUIDELINES IN EVALUATING PROJECT PROPOSALS
SEEKING INDUSTRIAL DEVELOPMENT AND FINANCING
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
178
b. Consideration of Inducement Resolution for E1 Marinero Project on San Pedro Road
City Manager Beyer informed the Council that the E1 Marinero II Project on North San Pedro
Road, represented by John Hoffmire, have inquired concerning the use of Industrial Develop-
ment Bonds (IDB's) for the purpose of long-term financing for the project. Mr. Beyer
pointed out that this project is already under construction and therefore the construction
financing has been arranged; however, the long-term financing apparently is not as satis-
factory as it would be if IDB's were used to finance the project. It therefore is a
question before the Council whether they wish to approve this first request, for a project
already underway, since the original concept was the use of the bonds to enhance or assist
projects which otherwise might not be financed.
Mr. Hoffmire addressed the Council, informing them that this second phase is part of the
first phase which started eight years ago. He stressed the advantages to the City in
construction work, fees and permit payments, and additional employment locally.
RESOLUTION NO. 6414 - CONCERNING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
EQUIREAL DEVELOPMENT CORPORATION (E1 Marinero II Project)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND POLICE OFFICER'S
ASSOCIATION CM - File -8-
Mayor Mulryan stated that after long negotiations and examination of equities, the City and the
Police Officers' Association reached an agreement and the Memorandum of Understanding is
ready.
RESOLUTION NO. 6415 - AMENDING RESOLUTION NO. 6078 AND 5929 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (July 1, 1982
through June 30, 1983)
AYES:
COUNCILMEMBERS:
Breiner,
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ABSTAINED:
COUNCILMEMBERS:
Frugoli
Jensen, Miskimen & Mayor Mulryan
20. JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND COUNTY LIBRARY FOR OPERATION OF
TERRA LINDA BUNCH LIBRARY Li - File 4-13-62
City Manager Beyer informed the Council that the proposed agreement spells out the proposed
operation and relationship betwen the City and the Marin County Free Library. The City is
agreeing to pay one-half of the net annual operating costs of the branch library, up to a
maximum of $75,000 per year for three years. It was noted that if costs exceed $1.80 per item
circulated, both jurisdictions will meet to review budget and service levels. At present, the
San Rafael Library's cost per item circulated is $1.55, and the Couhty Library's is $2.03.
Council discussed possible locations for the branch library, with Hartzell and Nova Albion
schools being mentioned. Council agreed that Hartzell is a much more convenient location,
being just off Los Ranchitos Road. Also discussed as a possibility was the location of the
former Brentano's Book Store in the Northgate Mall. While this would be a convenient location,
Council felt that the rent would probably be prohibitive, and the use would preclude sales tax
revenue from another retail business. Staff was asked to negotiate with Northgate Mall manage-
ment to explore the possibility of using the former Brentano's location, and also consider the
school locations and come back to the Council with a recommendation.
RESOLUTION NO. 6416 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Marin County
Free Library re Terra Linda Branch Library)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left meeting)
21. P82-10: BASALT RECLAMATION PLAN; REFERRAL FROM COUNTY OF MARIN; McNEAR'S POINT; DILLINGHAM
CORP., OWNER; NORMAN T. GILROY & ASSOCIATES, REPRESENTATIVE; AP 184-010-15, P -
e lu-
Council heard a presentation by Norman T. Gilroy of Norman T. Gilroy & Associates, architects
and consultants in land planning and environmental design, on the long-term reclamation
project for Basalt Products Company.
179
After the presentation and discussion Councilmember Breiner moved and Councilmember Frugoli
seconded, to approve the staff recommendations: 1) That the County formalize a formal Initial
Study/Negative Declaration for the Reclamation Plan, with appropriate findings and a detailed
listing of the required mitigation measures; 2) That the proposed Reclamation Plan be found
consistent with the Peacock Gap Neighborhood Plan; and 3) That the County condition its
approval of the Reclamation Plan to require ongoing monitoring of the quarry operations for
conformity to the Plan, and to require future specifications for leaving the land in an
economically feasible reclaimable condition prior to completion of quarrying operations.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
,-� (Councilmember Jensen returned)
22. STATUS OF RECREATION REVOLVING FUND (Fin) - File 8-14
Council reviewed a staff report indicating a current deficit in the Recreation Revolving Fund
amounting to $142,861. This amount has been accumulated over a two-year period. While staff
has been administering the large number of "pay-as-you-go" or self-supporting programs, enough
overhead cannot be placed on those programs to pick up all of the facility and administrative
costs. Additional steps are being taken to better manage the programs, and a system has been
established to insure proper controls so that program losses can be determined earlier, with
appropriate corrective action being taken.
RESOLUTION NO. 6417 - AUTHORIZING THE TRANSFER OF MONIES FROM THE GENERAL FUND TO THE
RECREATION REVOLVING FUND ($142,861)
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CLOSED SESSION
Frugoli, Jensen, Miskimen & Mayor Mulryan
23. Council adjourned to Closed Session to discuss pending litigation. No action was taken.
UARNE M. LEONCINI, City Cl'erk'
APPROVED THIS a DAY OF 1982
`MAYOR OF THE CITY OF SAN RAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 18, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Absent: Gary R. Frugoli, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Regina A. Buchanan, Deputy City Clerk/Asst. Agency Secretary
IRE: JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 140
REDEVELOPMENT AGENCY
1. Resolution Approving Negative Declaration for a Relocation Agreement with PG&E.
2. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving a Relocation Agreement with PG&E.
0
CITY COUNCIL
1. Resolution Determining Agency has complied with Section 33433 of the California Health &
Safety Code and Approving Exchange of Property.
Mayor/Agency Chairman Mulryan declared the public hearing opened and, in accordance with staff
recommendation that the hearing be continued because final wording pertaining to hazardous
materials on the site has not been settled, continued the public hearing to Monday, November 1,
1982.
REG NA A. BUC ANAN, Deputy City Clerk
Asst. Agency Secretary
APPROVED THIS i
DAY OF 1982
LAWRENCE E. MULR AN, Mayor gency C airman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 18, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Gary R. Frugoli, Councilmember
Also Present: Robert F. Beyer, City Manager; Regina A. Buchanan, Deputy City Clerk
1. PRESENTATION TO MARY DEKKER - File 102
Mayor Mulryan presented a Resolution of Appreciation to Mary C. Dekker, on her resignation as
Curator at the Falkirk Community Cultural Center. Resolution No. 6400 had been previously
adopted by the Council. Mayor Mulryan cited Mrs. Dekker's many contributions to the
community.
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
Item
2. Approval of Minutes of Special Joint
and Regular Meetings of October 4,
1982 (CC)
3. Award of Contract for Storm Damage Repair -
Upper Robinhood Drive Inlet and Channel
Repair, Project B-22 (PW) - File 4-1-328
4. Approval of Renewal of Lease Agreement
with Dixie School District re Don Timoteo
School (Red - File 4-7-3
6. Expiration of Term of Member of Park &
Recreation Commission (CC) - File 9-2-4
7. Approval of Expenditure from J. Harold Dollar
Trust Fund (Cult Aff) - File 8-19
Recommended Action
Approved as submitted.
RESOLUTION NO. 6418 - AWARD OF CONTRACT -
STORM DAMAGE REPAIR - UPPER ROBINHOOD
DRIVE INLET AND CHANNEL REPAIR (To
Ghilotti Bros. Inc., low bidder, $60,548)
RESOLUTION NO. 6419 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/Dixie
School Dist. re Renewal of Lease of
Room 11, Bldg. 6, and Office Space in
Bldg. 4, Don Timoteo School, @ 18¢/
Sq.Ft., 14 Mos., July 1, 1982, ending
August 1, 1983.)
Set special meeting for interview of
Ralph Mihan on Monday, November 1, 1982,
at 7:15 PM.
Approved a $500 advance from J. Harold
Dollar Trust Fund for planning and
preparation for "Christmas at Falkirk",
to be repaid at completion of event.
8. Acceptance of Audit Report for North Bay
Cooperative Library System for FY 1981/82
(Lib) - File 4-10-83
9. Communication from San Rafael Chamber of
Commerce Requesting Council Support and
Approval of: (CM)
a. Annual Parade of Lights, November 16,
1982 - File 11-22
b. Free Holiday Metered Parking from
December 13 through 24, 1982 -
Fila 11-1R
10. Amendment to Joint Powers Agreement of
February 17, 1976 re Oak Hill Open
Space (CM) - File 4-13-45
11. Statement of Disclosure - Redevelopment
CAC Member Bob W. Livingston (CC) -
File 9-4-4
181
Accepted report.
a. Approved. Only cost to City will be
approximately $75.00 overtime for one
police officer.
b. Approved free metered parking for
dates requested. Covers all one-hour
and two-hour meters in downtown area.
RESOLUTION NO. 6420 - AUTHORIZING SIGNING
OF CONTRACT, LEASE OR AGREEMENT (W/Marin
County Open Space District (CSA No. 23)
to Amend JPA of 2/17/76, for City to
receive $30,000 in interest on the
$200,000 advanced for purchase of
property)
Accepted report.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
5. STATUS REPORT ON FEMA FUNDING (PW) - File 8-9 x 205
Council accepted the status report, and asked staff to prepare a more detailed one for the
November 1, 1982 meeting, showing funds received to date, requests still pending, and similar
information.
12. PUBLIC HEARING - APPEAL OF MANDATED REQUIREMENTS FOR HANDICAPPED ACCESS - 1218 SECOND ST.
PW - File -1- BOARD OF A PEA S
Mayor Mulryan declared the public hearing opened.
Land Development Engineer Strom informed the Council that this building is a former residence,
and the appellant will be required to perform minor modifications to the plumbing system which
will cost approximately $1,000. The cost of providing access to the beauty shop by a ramp
would be in excess of $5,000. For this reason, staff is recommending that the City Council,
sitting as the Board of Appeals, uphold this appeal since it represents an unreasonable
burden and is financially untenable.
There being no public input, the public hearing was closed.
After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to uphold the
appeal, and directed staff to bring back a Resolution with findings for adoption at the
November 1, 1982 meeting.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
13. PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ISSUE
INFRACTION CITATIONS FOR VIOLATIONS OF DESIGNATED CODE SECTIONS P - File M76
Mayor Mulryan declared the public hearing opened. There being no public input, the public
hearing was closed.
City Manager Beyer explained to the Council that by initiating a procedure for issuing
infraction citations for certain sections of the Municipal Code, the City will have a more
efficient, less costly way of handling certain violations. He pointed out that City Attorney
Duggan had requested that this item be put over to the next meeting, since he is presently
out of town. However, staff has worked with him, the Police Department and Code Enforcement
Officer and there was a concensus on this subject.
Mayor Mulryan pointed out that if Mr. Duggan has any further comments he could make them when
the Ordinance comes up for adoption at the next meeting. Council agreed.
182
An Ordinance of the City of San Rafael, Amending Title 2 (Administration) Chapter 2.36,
"Arrest Authority of Enforcement Officer", to Authorize Designated City Employees to Issue
Infraction Citations for Violations of Designated Municipal Code Sections, and numbering
Charter Ordinance No. 1442, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 6421 - ESTABLISHING A BAIL SCHEDULE FOR VIOLATIONS OF CERTAIN SECTIONS OF THE
MUNICIPAL CODE
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
14. ESTABLISHMENT OF AN AD HOC COMMITTEE CONCERNING DOWNTOWN - File 9-2-38
This item was on the agenda at the request of Councilmember Breiner, who informed the Council
that she felt there should be a more aggressive effort to attract high-quality retail stores
into the redevelopment area, and for that reason is proposing an ad hoc committee be formed
to do some "brainstorming" on the subject. A campaign format was suggested, and also a
committee to consist of representatives of the Chamber of Commerce, the Business Improvement
District, the Redevelopment CAC, and June Arny, Manager of Macy's; City Manager Robert Beyer;
Bok Reitzel, former redevelopment consultant; and Lynn Sedway of Lynn Sedway & Associates.
Council agreed with the concept, and continued discussion to the November 1, 1982 meeting,
when there will be a full Council present.
Norman Richardson of the Chamber of Commerce Board of Directors, informed the Council that he
will take the matter up with the Board, and will have their views on the matter at the
November 1, 1982 meeting.
15. DISCUSSION RE: (P1) - File 10-2
a. Northgate Activity Center EIR
b. Northgate Activity Center Plan
Planning Director Moore briefed the Council on both topics of discussion, stating that staff
is recommending the Council take action on the EIR even if the Plan is not approved at this
time in order to assist various projects which need certified EIR's, among which is the First
National State Bank of New Jersey.
Ms. Moore pointed out that there are four Resolutions for adoption - in addition to the
certification of the EIR and adoption of the Plan, there is also a Resolution stating the
City's intent to rezone properties as required by the Plan, and a Resolution requesting the
County to require payment of traffic mitigation fees by projects in tributary unincorporated
areas.
In addition, Ms. Moore informed the Council that CalTrans has recently indicated that con-
struction of a northbound ramp would probably require reconstruction of an auxiliary lane
from Manuel Freitas Parkway to Smith Ranch Road. If that is to be required, staff recommends
that the City demand that CalTrans construct that auxiliary lane as part of the HOV project.
Councilmember Jensen noted that some developers prefer an assessment district, while others do
not wish to take that method of handling mitigation fees. Attorney Albert Bianchi, repre-
senting Northgate Shopping Center, stated they would go either way, but prefer to make
payment of the entire amount up front. Mr. Bianchi, also representing the First National
State Bank of New Jersey, stated the bank expects to use an assessment district. Council
agreed this should be voluntary on the part of property owners and developers.
RESOLUTION NO. 6422 - CERTIFYING THE NORTHGATE ACTIVITY CENTER PLAN ENVIRONMENTAL IMPACT
REPORT (EIR)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 6423 - ADOPTING THE NORTHGATE ACTIVITY CENTER PLAN AS AN AMENDMENT TO THE
SAN RAFAEL GENERAL PLAN
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 6424 - DECLARING THE CITY'S INTENT TO INITIATE REZONING OF PROPERTIES
CONSISTENT WITH THE NORTHGATE ACTIVITY CENTER PLAN
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
RESOLUTION NO. 6425 - REQUESTING THAT THE COUNTY OF MARIN REQUIRE THAT TRAFFIC MITIGATION
FEES BE PAID BY NEW DEVELOPMENT IN THE UNINCORPORATED AREAS WHOSE
TRAFFIC WILL IMPACT ROADS IN THE NORTHGATE ACTIVITY AREA
AYES: COUNCILMEMBERS: Breiner, Jensen, Mi skimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
16. DISCUSSION OF PARKING STRUCTURE AT NORTHGATE SHOPPING CENTER (CM) - File 10-2
Councilmember Jensen suggested that this discussion be deferred until Councilmember Frugoli
can be present. However, Mayor Mulryan pointed out that Mr. Frugoli had not requested that
the Council delay their discussion.
City Manager Beyer stated that tonight staff is asking direction from the Council as to how
they would wish to proceed regarding the City assisting in financing a parking garage in
connection with Mervyn's Department Store coming to Northgate. He pointed out that this
would not necessarily be a final commitment and Councilmember Frugoli would have a chance for
input.
Lynn Sedway made a presentation on the economic impact of an expanded Northgate, with pro-
jected sales figures with and without the Mervyn's store. She also pointed out that by
taking positive action at this time it would certainly affect the outcome of the proposed
Hahn shopping centers, and keep Macy's in downtown San Rafael.
Les Townsend, Senior Vice-president of Mervyn's, gave the Council sales projections, and
informed them that his is a value -oriented store with a proper balance of quality and value,
which fits in between the Penney/Sears and Macy's/Emporium types of retail stores. Their
customer service is equal to or better than traditional department stores.
After further discussion, Mayor Mulryan stated that the Council should give staff an indi-
cation of which method they should follow - financing through sales tax revenues or by
waiving the traffic mitigation fees as the City's contribution.
Council discussed both methods, and Councilmember Breiner moved and Councilmember Miskimen
seconded, to ask staff to prepare an agreement regarding waiver of traffic mitigation fees as
the City's contribution toward the parking garage, and to place the item on the agenda for
November 1, 1982.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
17. AWARD OF CONTRACT - STORM DAMAGE REPAIR, RETAINING WALL AT 67 MIRAFLORES AVE., PROJECT
NO. C-20 PW - File 4-1-327
Council reviewed a staff report regarding this project, which had been delayed because of
inadequate funding. FEMA approved approximately $9,000, and the lowest bid received was
$36,090. Public Works has contacted the State Office of Emergency Services to secure addi-
tional funding but to date have not had a response. In the meantime, staff is seeking funds
from the San Francisco Foundation. In view of the impending rains, this is crucial since the
entire roadway could be lost if the retaining wall is not replaced.
Council agreed that further delay could present a serious problem, and Councilmember Breiner
moved and Councilmember Miskimen seconded to award the contract to Valentine Corporation at
their low bid of $36,090.
RESOLUTION NO. 6426 - AWARD OF CONTRACT - STORM DAMAGE REPAIR - RETAINING WALL AT 67 MIRAFLORES
AVENUE, PROJECT NO. C-20 (To Valentine Corporation, low bidder, $36,090)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. REQUEST TO LAFCO FOR A SERVICE STUDY ON THE DAPHNE PROPERTY (P1) - File 210
Planning Director Moore referred to the MOU with the County of Marin regarding the North San
Rafael Policy Plan, of which the Daphne property is a part. LAFCO has indicated a willingness
to study the pros and cons of the range of options available for providing public services to
future development on the Daphne property. A condition of LAFCO staff is that the City
Council and the Board of Supervisors formally request that such analysis be undertaken by
LAFCO. Representatives of the Daphne property concur that this is a reasonable approach.
•2
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommendation
of staff, and authorize Mayor Mulryan to sign a letter requesting LAFCO assistance in per-
forming the analysis as described.
I AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
19. REQUEST BY ROTARY CLUB OF SAN RAFAEL EAST TO DONATE GIFT TO CITY (CM) - File 105
City Manager Beyer informed the Council that San Rafael's newest Rotary Club, called Rotary
Club of San Rafael East, wishes to donate landscaping of the median island at the junction of
Francisco Boulevard West and Second Street. This proposal includes a 5'6" high by 8' wide
structure, mission style, with the Rotary emblem.
Jack Younger, president of the new Rotary Club of San Rafael East, and the designer Pablo
Castro, Jr., both addressed the Council and described the structure. They informed the
Council that a model had been placed in the median island, but the Council stated that they
had not seen it, and asked that it be placed there again. Mr. Castro indicated he would put
the model back in place the next day, Tuesday, October 19th, so the Council members could
inspect it.
Council agreed to make a decision on the matter at the November 1, 1982 meeting.
20. RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION RE PERMANENT SCULPTURE GARDEN FOR FALKIRK
COMMUNITY COLTURAL C CutA - File 13-14--T
Council considered a staff report indicating that the Cultural Affairs Commission has approved
in concept a plan for a permanent sculpture garden on the grounds at Falkirk. It is proposed
to exhibit works by Bay Area artists, and to change the works periodically. If Council
approves the plan in concept, staff will develop policies and procedures for a permanent
sculpture garden.
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the sculpture
garden in concept, and ask staff to develop a detailed plan for approval.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
21. REQUEST TO CHANGE A PORTION OF CITY PARKING LOT AT FIFTH AVE. AND "D" ST. FROM TEN-HOUR TO
TWO-HOUR METERS PW - File11-18
Council reviewed a staff report indicating that a petition has been received requesting that
one row of the City parking lot at Fifth Avenue and "D" Street be changed from ten-hour to
two-hour meters. On the basis of a survey by staff, their recommendation is that the change
not be made.
After discussion, Councilmember Jensen moved and Councilmember Breiner seconded, that the row
of meters closest to Fourth Street be changed to two-hour meters.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
ADD ITEM:
File 2-1-53
Counci mem er Breiner asked that the subject of usage of the "Menzies" parking lot, adjacent
to Falkirk, be brought up for discussion at the November 1, 1982 meeting.
ADJOURNMENT
Since there was no need for a Closed Session, the City Council adjourned to their next
regular meeting on November 1, 1982.
REGIA. BUC �A-T, ep�uty City C ei�Trc
APPROVED THIS I St DAY OF , 1982
MAYOR OF THE CITY OF SAN AFAEL
*** *** *** *** *** *** ***
185
In Conference Room 201 of the San Rafael City Hall, Monday, November 1, 1982, at 7:15 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
Absent: John A. Miskimen, Councilmember
RE: INTERVIEW OF PARK & RECREATION COMMISSIONER RE REAPPOINTMENT (CC) - File 9-2-4
Council interviewed Park & Recreation Commissioner Ralph Mihan, whose term expired the end of
October 1982.
Councilmember Jensen moved and Councilmember Frugoli seconded, to reappoint Ralph Mihan to
the Park & Recreation Commission for a four-year term ending in October 1986.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Chairman Mihan was asked by the Council to have the Commission look into organizing a "Friends
of the Parks" group to get more of the public involved in the parks.
M. LEONCIN11 City C er
APPROVED THIS S DAY OF 1982
MAYOR OF THE CITY OF SAN AEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 1, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency
Member
Gary R. Frugoli, Councilmember/Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 4-4-4
REDEVELOPMENT AGENCY
1. Resolution Approving Negative Declaration for a Relocation Agreement with PG&E
2. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Tpproving a Relocation Agreement with E
CITY COUNCIL
1. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving Exchange of Property
Hearing was opened by Mayor Mulryan, who noted a staff request to continue the hearing to
November 15, 1982.
Councilmember Breiner moved and Councilmember Miskimen seconded, to continue the public
hearing to November 15, 1982.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council/Redevelopment Agency then adjourned to Closed Session to discuss land
acquisition and possible litigation.
APPROVED THIS I5' -XZ
, Ci ty C I er gency Secretary
DAY OF 1982
— Ccs
LAW,RENCE E. MULRYAN, Maybr/Ageilcy Chairman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 1, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
Mayor Mulryan called for a moment of silence for Marilyn Miskimen, wife of Councilmember John
Miskimen, who is seriously ill.
PIIRI Tr. TTMF
File 105
At the request of Robert Stack of American Legion Post No. 179, San Anselmo, who was also acting
for San Rafael's Wilkins Post, the Council discussed the possibility of contributing toward
expenses of two Vietnam veterans to attend the dedication of the Vietnam Veterans' Memorial in
Washington, D.C., during the week of November 9th.
After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to approve
$200.00 from the advertising account.
RESOLUTION NO. 6438 - APPROVING A $200.00 CONTRIBUTION TO AMERICAN LEGION POST NO. 179 TO HELP PAY
EXPENSES OF TWO VIETNAM VETERANS TO ATTEND THE VIETNAM VETERANS MEMORIAL
DEDICATION CEREMONY IN WASHINGTON, D.C., TO BE HELD NOVEMBER 10-14, 1982
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
File 5-1-269
Elliott Bien, President of Neighborhood 13 Association, addressed the Council regarding the
additional mud slides as a result of the most recent rain. It was decided by the Council that
staff should meet with Mr. Bien, other members of the Neighborhood 13 Association, and the devel-
oper, to determine what steps should be taken with regard to the present drainage system and
related matters. The subject is to be agendized for November 15, 1982.
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Meetings
of July 19 and August 24, 1982, and
Special Joint & Regular Meetings of
October 18, 1982 (CC)
Recommended Action
Approved as submitted.
187
2. Authorization to Call for Bids - Authorized staff to call for bids.
Robinhood Drive Storm Damage Improvement,
Project No. 19-1998604006 (PW) - File 4-1-329
3. Authorization to Call for Bids - Manderly
Road Drainage Improvements, Project
No. 19-1998604006 (PW) - File 4-1-330
4. Acceptance of Easement and Granting of Hold
Harmless Agreement with Bahia de Rafael
Homeowners' Association for Public Recreation
Uses of Bahia de Rafael Property (Rec) -
File 4-10-166
5. Claim for Damages - Ralph & June
Meibergen (PW) - File 3-1-716
6. Request for Approval of Application to
File Late Claim for Damages - Ethel
Garami (PD) - File 3-1-717
7. Status of FEMA Funding for Storm Damage
Projects (PW) - File 8-9 x 205
8. Resolution of Findings - 1218 Second Street
re Handicapped Access (PW) - File 13-1-1
9. Resolution re Change in One Row of Meters
at Fifth Ave. & "D" St. Parking Lot
from Ten -Hour to Two -Hour (PW) -
File 11-18 (SRRA R-210)
10. 1981/82 Audit Report - City of San Rafael
and Parking District (Fin) - File 8-1
Authorized staff to call for bids.
RESOLUTION NO. 6427 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Bahia
de Rafael Homeowners' Assn., Hold Harmless
Agreement re use of easement for three
Parcourse Stations)
RESOLUTION NO. 6428 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Bahia
de Rafael Homeowners' Assn., Grant of
Easement re use of easement for three
Parcourse Stations)
Approved R. L. Kautz & Co. recommendation
for denial of claim.
Approved R. L. Kautz & Co. recommendation
for denial of acceptance of late claim.
Accepted status report on FEMA funding.
RESOLUTION NO. 6429 - RESOLUTION OF THE
CITY COUNCIL (IN ITS CAPACITY AS BOARD OF
APPEALS) GRANTING APPEAL FROM STATE
ACCESS REQUIREMENTS - 1218 Second Street
RESOLUTION NO. 6430 - CHANGING TEN-HOUR
PARKING METER TIME LIMITS TO TWO-HOUR
PARKING METER TIME LIMITS AND THE
ADDITION OF TEN-HOUR METERS TO THE
ADJOINING ALLEY
Accepted report.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Frugoli, only with regard to minutes of October 18, 1982 Meetings
11. PUBLIC HEARING - s81-39 - APPEAL OF PLANNING COMMISSION APPROVAL OF A TWO -LOT SUBDIVISION;
FILED BY ALBERT BIANCHI, REPRESENTING MICHAEL WOODSON; DENNIS HORNE, OWNER; ARTHUR LANG &
ASSOC., REP.; AP 16-261-03 & 0 P - File 5-1-2T9
Mayor Mulryan declared the public hearing opened, and continued it to November 15, 1982 as
recommended by staff.
12. PUBLIC HEARING - TEXT AMENDMENT - PARKING STANDARDS OUTSIDE DOWNTOWN AREA (P1) - File 10-6
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the staff report, reviewing the changes in the office parking
requirements and the proposed change in the parking stall dimensions as had been previously
discussed by Council.
Councilmember Breiner expressed the opinion that if these standards are adopted their
effectiveness should be reviewed in two years, in view of possible changes in the economy in
that period of time.
Mayor Mulryan complimented the staff on the study and the final result. There being no
public input, the public hearing was closed.
RESOLUTION NO. 6431 - CERTIFYING A NEGATIVE DECLARATION FOR PARKING ORDINANCE TEXT CHANGES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending Various Sections of the San Rafael Munich
Code Title 14 Concerning Off -Street Parking and Loading, and numbering Charter Ordinance N1
1443, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Miskimen seconded, to formally bring this
matter back to the Council at least within the next two years, to review the adequacy of
these standards.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - REZONING (Z75 -7(c)), AMENDMENT TO SMITH RANCH MASTER PLAN; SMITH RANCH ROAD,
AP 155-120-08, 77, 78, 79 & 80; AND 155-250-01 HR , FROM: P-D(PLANNED
DEVELOPMENT) DISTRICT, T0: P- (PLANNED DEVELOPMENT) DIS R CT; INITIATED BY GA AS
PROPERTIES, OBERKAMPER & ASSOC., REP. P - File 10-3 x 9-1-239
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan questioned Planning Director Moore regarding the proposed elimination of the
golf course in order to construct 325 residential units. Ms. Moore responded that the
overall net effect of the proposed modifications would be less traffic intensity, and that
all of the proposed changes are appropriate and consistent with the Northgate Activity Center
Plan.
Mayor Mulryan inquired whether traffic or parking levels had been assigned to Parcel 11 which
is shown as unclassified and is being proposed for a six-plex theater. Ms. Moore responded
that there were no standards for that area, but that it was treated a bit ambiguously. The
original traffic study did not include any traffic generation. However, the staff has done a
study on this, and can see no future problem.
Councilmember Miskimen inquired about the size of the area intended for the 325 residential
units, and asked what it included besides the golf course. Ms. Moore informed the Council
that the area includes the swim club, driving range, and the golf course itself.
Lee Oberkamper of Oberkamper & Associates, informed the Council that though there would be
interconnecting roads, most people would use Redwood Drive and Smith Ranch Road, and added
that the homes would be moderate income town houses. There would be approximately ten or
eleven units per acre.
Councilmember Breiner indicated she felt a change should be made on page 3 of the Conditions,
which are Exhibit "A" of the Ordinance, to reflect that specific design and layout shall be
approved by the Traffic Engineer with regard to the bicycle lanes.
It was further established that northern access would be through the Silveira property, and
the principal interchange would be the Marinwood one.
At this point, Mayor Mulryan left the meeting and Acting Mayor Jensen presided for the
remainder of the meeting.
There being no further public input the public hearing was closed.
Councilmember Frugoli moved and Councilmember Breiner seconded, to approve all previous
EIR's.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Councilmember Breiner moved and Councilmember Frugoli seconded, to pass the rezoning Ordinance
to print, with the understanding that the paragraph regarding bicycle lanes in Exhibit "A"
would be revised as stated.
Under discussion Councilmember Miskimen noted that the rezoning had barely passed the Planning
Commission, on a 3-2 vote, and it was not a clear-cut decision on their part. He expressed
serious concern regarding the elimination of the golf course, which is available to people
who cannot conveniently use the Meadow Club or Peacock Gap golf courses. Acting Mayor Jensen
stated that in the beginning of the Smith Ranch development the golf course had been intended
as a temporary use.
•
At this point, Michael Smith of Smith Ranch properties, asked to be heard although public
time had been closed because at that time he did not think his input would be necessary.
However, he felt it necessary to inform the Council that he is the operator of the golf
course and that it was never intended to be a permanent facility. Councilmember Breiner
inquired about the possibility that at least a portion of the golf course could be salvaged,
but Mr. Smith stated that when the Silveira properties are developed the road would go right
through the golf course.
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from P -D (Planned Development) to P -D
(Planned Development) District (Revised Smith Ranch Master Plan), and numbering Charter
Ordinance No. 1444, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli & Acting Mayor Jensen
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: Mayor Mulryan
14. SELECTION OF AN AD HOC COMMITTEE FOR DOWNTOWN - File 9-2-38
Councilmember Breiner outlined her suggestion for a committee to assist in coordinating
efforts of various organizations interested in the growth of downtown San Rafael.
Mrs. Breiner offered a proposed list of persons to comprise the Committee. Councilmember
Frugoli felt that each Councilmember should appoint one person.
After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to appoint
City Manager Beyer, and a representative from the Chamber of Commerce, the Redevelopment CAC,
and the Business Improvement District (BID), and that in addition each Councilmember have the
opportunity of recommending an individual, which would make a total of nine persons on the
Committee.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
15. DISCUSSION OF USAGE OF PARKING LOT ADJACENT TO FALKIRK (MENZIES LOT) (PW) - File 2-1-53
Council reviewed a staff report, prepared in response to a request from Councilmember Breiner
for information regarding utilization of the parking lot next to Falkirk, on the former
Menzies property. The report showed that the 57 staff parking lot is 70% occupied during
midday. Approximately 40 City employees have been assigned to the parking lot. It is also
used by Library patrons.
Councilmember Breiner stated she would like to see better utilization of the lot and asked
staff to come back on November 15th with various possible uses for the lot and the cost for
each.
16. STATUS REPORT FROM CITY ATTORNEY RE LITCHFIELD SIGN ABATEMENT (CA) - File 125 x 13-14-2
Council accepted a report from City Attorney Duggan, stating that the attorney for Whitey
Litchfield, owner of the sign in question, has applied to the State Historic Preservation
Office in Sacramento for a determination on the sign and intends to bring the matter before
the Cultural Affairs Commission for historic designation when information has been received
in Sacramento.
Mr. Duggan was asked to pursue the matter further, and report back to the Council as soon as
possible.
17. FINAL ADOPTION - ORDINANCE NO. 1442 - AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 2.36,
ARREST AUTHORITY OF ENFORCEMENT OFFICER", AOTHORIZE DESIGNATED CITY EMPLOYEES 0 ISSUE
INFRACTION CITATIONS FOR VIOLATIONS OF DESIGNATED MUNICIPAL CODE SECTIONS P1 - File 10-6
CHARTER ORDINANCE NO. 1442 - Amending Title 2 (Administration), Chapter 2.36, "Arrest Author-
ity of Enforcement Officer", to Authorize Designated City Employees to Issue Infraction
Citations for Violations of Designated Municipal Code Sections, was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
18. DISCUSSION OF CAPITAL IMPROVEMENT PROGRAM (CM) - File 8-5
Council agreed to continue this item to November 15, 1982, when a full Council will be
present.
190
19. KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35
Council reviewed a staff report regarding the proposed Kerner Boulevard Assessment District
for which petitions have been signed by 80% of the property owners, regarding improvement of
streets. The Council then took the required steps toward formation of the Assessment District.
RESOLUTION NO. 6432 - RESOLUTION ACCEPTING PETITION - Kerner Boulevard Assessment District
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 6433 - RESOLUTION APPROVING BOUNDARY MAP - Kerner Boulevard Assessment District
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 6434 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - Kerner Boulevard
Assessment District (W/Sturgis, Ness, Brunsell & Sperry as Bond Counsel)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 6435 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - Kerner
Boulevard Assessment District (W/Oberkamper & Associates, Civil Engineers, Inc.)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
RESOLUTION NO. 6436 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT
PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON - Kerner
Boulevard Assessment District (Public hearing November 15, 1982, at
8:00 PM)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
20. REQUEST BY SAN QUENTIN DISPOSAL COMPANY FOR EXCLUSIVE FRANCHISE FOR REFUSE DISPOSAL (CM) -
File 9-7-6 x 160
City Manager Beyer informed the Council that a request has been received from attorney Leland
H. Jordan, on behalf of the San Quentin Disposal Company, for the City to enter into an
exclusive contract with the Disposal Company for disposal of refuse within the City of San
Rafael.
The request is being made in order to have a commitment from the City for exclusive dumping
privileges through the year 1990, by which time their fill operation should be complete and
the land will be compacted and buildable. The request has been prompted by the fact that
Marin Sanitary Service has submitted an application requesting an amendment to their existing
use permit to allow public use of their transfer station facilities for dumping of household
refuse, construction materials, demolition material, and other general refuse.
The staff recommendation is that the matter be referred back for study and report to the
Council within thirty days.
Attorney Leland Jordan addressed the Council, and stressed the result of another disposal
area within the City limits and its impact on the San Quentin Disposal long range plan of
land fill in order to permit future development of the property. He pointed out that State
law and the San Rafael Municipal Code allow exclusive franchises for garbage collection and
for disposal.
City Manager Beyer informed the Council that the Use Permit could be amended to make it
exclusive.
Councilmember Breiner moved and Councilmember Miskimen seconded, to refer the matter to staff
for a very thorough report before taking any action.
AYES: COUNCILMEMBERS: Breiner & Miskimen
NOES: COUNCILMEMBERS: Frugoli & Acting Mayor Jensen
ABSENT: COUNCILMEMBERS: Mayor Mulryan
Motion failed.
191
After further discussion, Councilmember Miskimen moved and Councilmember Frugoli seconded, to
direct staff to, within the next thirty days, come back to Council with a complete report
which will also emphasize a simple solution to the issue, and stress in the final solution
something which is very straightforward and deals with the Use Permit process rather than any
other process.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
21. REQUEST FOR CONTINUED FUNDING OF PORTION OF REBATE FOR MARIN RENTERS PROGRAM (CM) - File 13-16
Council reviewed a staff report from Assistant City Manager Nicolai, indicating that the
Housing Authority of Marin County has requested that the City renew its contribution to the
Rebate for Marin Renters Program. San Rafael committed $30,000 in Revenue Sharing Funds to
this program for FY 1981/82. San Francisco Foundation matches the local contribution 2 for
1, so if the City contributes $30,000 the Foundation will match with $60,000 for a total of
$90,000 available to assist San Rafael renters.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve a contribution of
$30,000.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
22. JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIAL SPILLS MANAGEMENT (FD) - File 4-10-167
Council reviewed a staff report from Fire Chief Marcucci, recommending approval of a Joint
Powers Agreement with cities and fire protection districts throughout the County, and the
California Highway Patrol, for control of hazardous material or toxic spills. The City of
San Rafael is providing an in -lieu contribution of an old fire engine chassis, made available
through the reconditioning of Engine 5. The chassis is presently without a body or pump, and
the body will be provided through the JPA.
Chief Marcucci has stated, in his report, three concerns regarding annual cost, provision of
specialized equipment which could be worn by Police or other authorized personnel if neces-
sary, and proper training and command channels.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve signing of the JPA,
with the staff's concerns to be stated in a covering letter.
RESOLUTION NO. 6437 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint
Powers Agreement for Hazardous Material Spills Management)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Council reviewed the report on recent legislation, including AB 358 which deals with library
support and which may provide $53,400 to the City of San Rafael.
The City Council adjourned to their special meeting on Monday, November 8, 1982, at 8:00 PM.
JUN17t M. LEONC IN I" 1ty IerK
APPROVED THIS DAY OF 1982
ACTING
*** *** *** *** *** *** *** ***
192
In Conference Room 201 of the San Rafael City Hall, Monday, November 8, 1982, at 6:15 PM.
Special Meeting:
Also Present: Robert F. Beyer, City Manager
CLOSED SESSION
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
John A. Miskimen, Councilmember
Absent: Fred E. Jensen, Councilmember
RE: INTERVIEWS FOR ASSISTANT CITY ATTORNEY POSITION - File 9-3-16
Council met in Closed Session to interview three candidates for the position of Assistant
Ci ty Attorney.
No action was taken.
Council adjourned to a Special Meeting to follow at 8:00 PM.
BE BE y anager
APPROVED THIS (o 44 DAY OF , 1982
A ROFTECT OFSANRA EL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 8, 1982, at 8:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Absent: Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: PUBLIC HEARING - ALLEGED ILLEGAL UNITS AT 401, 405 & 511 "D" STREET, SAN RAFAEL (P1) -
Fi a
Mayor Mulryan declared the public hearing opened.
Mayor Mulryan informed the Council that since the notices of the public hearing were sent out,
the parties involved, including Larry Loder and his counsel, have agreed to the abatement and
the terms have been agreed upon so there are no issues to be settled this evening.
Mayor Mulryan then closed the public hearing, since there was no input.
Contract Attorney Bullard informed the Council that he had met this morning with Mr. Loder and
his attorney Sanford Rosen, City Manager Beyer and Planning Director Moore, to set forth the
particulars necessary for the orderly abatement of the illegal units. He summarized the seven
provisions: 1) Mr. Loder shall have an overall time frame of eighteen months within which to
complete total abatement of all illegal units at the three subject addresses; 2) Mr. Loder,
should he so desire, may submit an application for general plan amendment and rezoning within
six months following execution of the proposed agreement; 3) Both City staff and Mr. Loder or
his agents or representatives shall work together on maximizing provision of parking spaces
for 405 and 511 "D" Street; 4) The agreement shall contain an arbitration clause in the event
the parties reach an impasse regarding any provision of the agreement; 5) Mr. Loder shall
agree not to sell any of the referenced units to a third party during the pendency of the
agreement term; 6) City staff shall cooperate in expediting the processing of any application
for rezoning and general plan amendment submitted by Mr. Loder. In addition, City agrees no
hourly staff charge will be imposed upon such application processing; and 7) Mr. Loder agrees
that copies of the agreement effected between himself and the City of San Rafael shall be
provided to all tenants of his premises.
193
The City Council adjourned to their next regular meeting on November 15, 1982.
APPROVED THIS
I
(-1 L-4
DAY OF 1982
*** *** *** *** *** *** *** ***
In Conference Room 201 of the San Rafael City Hall, Monday, November 15, 1982, at 7:00 PM.
Special Meeting:
Also Present: Robert F. Beyer, City Manager
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
RE: CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION - File 9-1
The City Council met in closed session to discuss potential litigation. No action was taken.
0 anager
APPROVED THIS 6 t.* DAY OF 1982
� l
c OR OF THE CITY OF SAN RA EL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 15, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency
Member
Gary R. Frugoli, Councilmember/Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 4-4-4
REDEVELOPMENT AGENCY
1. Resolution Approving Negative Declaration for a Relocation Agreement with PG&E
2. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving a Relocation Agreement with PG&E
194
CITY COUNCIL
1. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving Exchange of Property
Hearing was opened by Mayor Mulryan, who noted a staff request to continue the hearing to
December 6, 1982. City Manager Beyer stated that the wording on the agreement with PG&E is
being finalized and he expects to have the amended Quail Hill agreement and the PG&E agreement
ready by December 6th. A meeting is scheduled for Wednesday to hopefully finalize the wording.
The Council/Agency adjourned, to meet at 8:00 PM as the City Council for their regular meeting.
7ANNV. LEONCINI, City er Agency Secretary
APPROVED THIS
LAW
RENCE E. M LR A , Mayor Age cy Chairman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 15, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special, Special
Joint, & Regular Meetings of November 1,
1982 (CC)
2. Approval of Parcel Map - Northwest
Corner of Third and "A" Streets, Adjacent
to Parking Structure (PW) -
File 140 x R-195 x R-216
3. Approval of Final Map (Condominium Project)
1201 Andersen Drive (PW) - File 5-1-281
4. Resolution Authorizing Mayor to Execute
Agreement for Ninety -Day Extension -
Irwin Street Residential Development
(AB 884 Deadline Extension) (P1) -
File 4-10-168
5. Appeal of Handicapped Access Requirements -
1551 Fourth Street (PW) - File 13-1-1
6. Appeal of Handicapped Access - 909 "D"
Street (PW) - File 13-1-1
Recommended Action
Approved as submitted.
RESOLUTION NO. 6439 - APPROVING PARCEL
MAP FOR LANDS OF THE SAN RAFAEL REDEVELOP-
MENT AGENCY (NORTHWEST CORNER OF THIRD
AND "A" STREETS)
RESOLUTION NO. 6440 - APPROVING FINAL
MAP OF SUBDIVISION ENTITLED "1201
ANDERSEN DRIVE, A CONDOMINIUM
PROJECT"
RESOLUTION NO. 6441 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR
AGREEMENT (W/Bill Howard/Jim Hutson, re
Eight Acres of Hillside above Irwin
Street - Automatic 90 -day extension of
time limit if all permit approval or
disapproval has not been rendered by City
at end of legal time limits, December 3,
1982)
Public hearing set for Monday, December 6,
1982.
Public hearing set for Monday, December 6,
1982.
LAP
Approval of Expenditure from J. Harold
Dollar Trust Fund (Cult. Aff.) - File 8-19
Renewal of Day Care Lease Agreements with
San Rafael School District re: (Rec)
a. Bahia Vista School - File 4-7-17
b. Glenwood Elementary School - File 4-7-20
c. Gallinas Elementary School - File 4-7-21
195
Approved expenditure of $300.00 for
painting woodwork of powder room, and
walls in the back hall of Falkirk, in
preparation of "Christmas at Falkirk".
RESOLUTION NO. 6442 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W /SR School District re use of Bahia
Vista School classroom for Child Care
Program, 12/1/82 - 6/30/83, $200./,Mo.)
RESOLUTION NO. 6443 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREE-
MENT (W /SR School District re use of
Glenwood School classroom for Child
Care Program, 12/1/82 - 6/30/83, $200./
Mo.)
RESOLUTION NO. 6444 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREE-
MENT (W /SR School District re use of
Gallinas School classroom for Child Care
Program, 12/1/82 - 6/30/83, $200./Mo.)
10. Draft Revision of LAFCo Policy Guidelines Approved staff recommendation that letter
(P1) - File 149 be sent from Mayor to LAFCo summarizing
the City's comments consistent with the
staff analysis and Planning Commission
recommendation.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. AUTHORIZATION TO EXECUTE AGREEMENT WITH LAWRENCE LODER RE ABATEMENT OF UNITS - 401, 405 &
511 D STREET CA - File - -
Councilmember Jensen objected to the provision in the agreement for an eighteen -month time
period for abatement of the illegal units. Mayor Mulryan explained that the purpose of that
stipulation was to allow the affected tenants sufficient time to make arrangements for relo-
cation.
Mayor Mulryan questioned the wording of the paragraph regarding arbitration, and stated that
any arbitration should be advisory only, having to do with the administration of the agreement.
Attorney Sanford Rosen, representing the property owner, Lawrence Loder, stated that he does
not agree with some of the wording in the agreement either, and also confirmed Mayor Mulryan's
statement that the eighteen months was for the benefit of the affected tenants.
It was agreed that the matter will be placed on the December 6, 1982 agenda, by which time a
mutually approved agreement should be finalized.
11. PUBLIC HEARING - s81-39 - APPEAL OF PLANNING COMMISSION APPROVAL OF A TWO -LOT SUBDIVISION; BAY
WAY; FILED BY ALBERT BIANCHI, REPRESENTING MICHAEL WOODSON; DENNIS HORNE, OWNER; ARTHUR ANG
ASSOC., REP., AP 16-261-03 - File 5-1-279
Mayor Mulryan opened the public hearing and announced that he had been informed that the
parties involved had reached an agreement so there is no necessity for a hearing.
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bLVU.; GHAKLtJ bLLLAGH, UWNtK; J1bN AKI ULNItK, KtF.; AN 14-LU4-11Jy I,fI) - rile 1U-11
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council, stating that the Planning Commission had con-
ditionally approved, by a vote of 3-2 with two Commissioners absent, a sign program for World
Wide Antiques. The sign permit which was approved included one wall sign totalling 72 square
feet and one freestanding sign with 50 square feet of area. The approval does not permit a
changeable copy face on the freestanding sign. Among the findings is the feeling that the
sign is not in keeping with the Sign Ordinance nor the beautification improvements to Francisco
Boulevard East in that its appearance would add to visual clutter and would not be consistent
with the orderly and concise manner in which signs should be presented.
Attorney Bram Bevis, representing World Wide Antiques, addressed the Council and reviewed the
past history of the sign as it had been used when Bellach Furniture was operating. He felt
that the decision was an arbitrary one on the part of the Planning Commission, and that if
such signs are permitted for theaters, gasoline stations and shopping centers one should be
approved in this instance since it is in effect a shopping center with various antique dealers
under one roof and catering to various types of antiques. He stated that a well maintained
changeable copy sign would not constitute "visual clutter" and that as for the "design con-
ciseness", the design of the sign has not been changed from the one Bellach's was permitted to
keep.
Darryl Bellach reviewed the history of the sign from the time it was approved for his father.
He stated that they had many compliments on the sign, and noted that it was never used for
political matters, but strictly for advertising or for announcing civic events. He stated
that Mrs. Wright of World Wide Antiques is planning additional landscaping around the sign at
her own expense and intends to maintain the sign in the same manner as did the Bellach family.
Bob Hoffmann, speaking as an individual and not as a member of the Planning Commission, stated
that many business people have removed their changeable copy signs and he feels it is the
desire of the business community to not have that type of sign.
There being no further public input, the hearing was closed.
Councilmember Breiner stated that she was on the Sign Ordinance Committee, and feels that
although this is a discretionary matter the Council should think of the appearance of the
entrance to San Rafael and comply with the spirit of the Sign Ordinance.
Councilmember Breiner then moved that the Council uphold the Planning Commission decision and
deny the appeal on the basis of the improved appearance of Francisco Boulevard. The motion
died for lack of a second.
After discussion Councilmember Frugoli moved and Councilmember Jensen seconded to uphold the
appeal and permit the changeable copy sign. At Mayor Mulryan's recommendation, findings and a
condition were added to the motion: 1) That this is an exception since it is a shopping
center type use; 2) That this use has been allowed historically; and 3) That grant of variance
is on condition that it be properly maintained.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35
Mayor Mulryan declared the public hearing opened. There being no public input, the hearing
was closed.
a. Resolution Overruling Protests
Since there were no protests, this Resolution was not adopted.
b. Resolution Finding and Determining that the Public Convenience and Necessity Require the
Construction of the Improvements
RESOLUTION NO. 6445 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND
NECESSITY REQUIRE THE CONSTRUCTION OF THE IMPROVEMENTS - Kerner
Boulevard Assessment District
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
c. Resolution Directing Filing of Boundary Map with County Recorder
RESOLUTION NO. 6446 - RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER -
Kerner Boulevard Assessment District
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
d. Resolution of Intention to Order Improvements in Kerner Boulevard Assessment District
RESOLUTION NO. 6447 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS IN KERNER BOULEVARD
ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
197
14. PUBLIC HEARING - APPEAL OF MANDATED HANDICAPPED ACCESS REQUIREMENTS - 36 PROFESSIONAL CENTER
PARKWAY; J. FRANK GEORGE, ATTORNEY, REP. OWNER; AP 155-071-12 CA - File 13-1-1
Mayor Mulryan declared the public hearing opened.
City Attorney Duggan briefed the Council, stating that at the time of construction of the
building in question, an agreement was entered into between the City and the owner of the
building to permit occupancy without providing access for handicapped persons, provided that a
performance bond of $25,000 was posted, with the handicapped access to be provided within 90
days. The reason for this was that it was thought at the time that the law might be changed
with regard to handicapped access for small office buildings. Subsequently, the Council
extended this agreement on September 17, 1979, April 21, 1980, August 18, 1980, and May 30,
1981.
Mr. Duggan recommended denial of the appeal because the requirement for handicapped access
imposed by Public Works Department is valid since the law has now become settled and such a
building is required to have handicapped access.
Mayor Mulryan asked Public Works Director Bernardi for his evaluation of the construction of a
handicapped access ramp. Mr. Bernardi stated that it would be difficult, in that it would
require a series of switchbacks and an entrance at the rear of the building. Cal Osha lifts
are very expensive, as are elevators. Mr. Bernardi added that when the building permit was
issued a ramp was shown at the side of the building in accordance with State regulations.
When the final City inspection was made, occupancy of the building was denied because of the
lack of a ramp, and this was the point at which the owner came before the Council, with the
result being the bond which was mentioned. Mr. Bernardi expressed the opinion that the lot
could have been graded differently before construction, to have allowed for a ramp for handi-
capped access.
Attorney J. Frank George, appellant and present owner of the building in question, showed the
Council the original drawing which included a ramp and a small access door, but with the ramp
ending in mid-air. He stated that since the building site was excavated out of the hill,
there is no way to get equipment back there. Mr. George offered to donate money to the City
to be used for handicapped access to public buildings, in lieu of having to provide access to
his building.
There being no further input the public portion was closed.
Councilmember Breiner asked City Attorney Duggan about operation of the bond in question, and
he replied that since David Costamagna, the original owner the building, has the bond the City
could take court action. The present owner, Mr. George, is covered by the civil rights laws,
and Mr. Costamagna is liable.
After discussion, Mayor Mulryan continued the public hearing to December 6, and directed staff
to investigate to determine if an access ramp for handicapped is feasible under present
conditions.
15. PUBLIC HEARING - REZONING (Z82-10), END OF BELLAM BLVD.; AP 9-010-02; FROM: "U" (UNCLASSIFIED)
DISTRICT, TO: R -3 -B -D(20) (MULTIPLE FAMILY RESIDENTIAL, 2,000 SQ. FT. PER BUILDING UNIT
DISTRICT; AND: PCM PLANNED COMMERCIAL LIGHT INDUSTRIAL DISTRICT; INITIATED BY SAN RAFAEL
SANITATION DISTRICT; COLEMAN CONSORTIUM, RE P - File -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council, informing them that the Planning Commission is
recommending to the Council that they certify a Negative Declaration and adopt a zone change
from "U" to R -3 -B -D(20) for 14.35 acres located at the end of Bellam Boulevard. The Planning
Commission also conditionally approved a Tentative Map. The property in question is owned by
the San Rafael Sanitation District and is currently developed with a wastewater treatment
facility and a pistol range. The current uses will terminate when the new Central Marin
Wastewater Treatment facility at the end of Andersen Drive is completed in 1985. The purpose
of the zone change and tentative map is to create eight lots for commercial/light industrial
and residential development.
Mary K. Sweeney and Bud Weisenburg of the Canal Community Alliance both addressed the Council,
opposing the proposed development until a traffic report can be completed and asking for an
updated EIR.
Mayor Mulryan explained that the only item before the Council at this time is the rezoning,
and at this point there is no project to be approved or disapproved.
There being no further public input, Mayor Mulryan declared the public portion of the hearing
closed.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to continue
the hearing to the January 3, 1983 meeting to allow the Canal Community Alliance people to
study the proposed project and prepare their input.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. DISCUSSION OF REQUEST BY ROTARY CLUB OF SAN RAFAEL EAST TO DONATE GIFT TO CITY (P1) - File 105
Planning Director Moore reported to the Council regarding the revised landscaping plan in the
median island at the intersection of Second Street and West Francisco Boulevard, which the
East San Rafael Rotary Club wishes to donate to the City. The plan as now modified includes a
natural rock formation with appropriate low shrubs and ground cover landscaping. A small
scale dedication plaque will be included.
Councilmember Breiner moved and Councilmember Jensen seconded, to approve the new land-
scaping plan and direct staff to make the final arrangements for installation of the improve-
ments, with thanks to the Rotary Club.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
(Councilmember Miskimen left meeting)
17. DISCUSSION OF USAGE OF PARKING LOT ADJACENT TO FALKIRK COMMUNITY CULTURAL CENTER (MENZIES
File 2-1-b3
Public Works Director Bernardi briefed the Council on the recent survey made to evaluate the
usage of the parking lot in question. Various alternatives were offered, which were costly.
Staff recommended maintaining the "status quo", but with restriping to provide narrower stalls
and gain more parking spaces at a cost of $500.
After discussion Councilmember Breiner moved and Mayor Mulryan seconded, to adopt the staff
recommendation but to add the provision of identification cards for City employees.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
18. STATUS REPORT FROM CITY ATTORNEY RE LITCHFIELD SIGN ABATEMENT (CA) - File 125 x 13-14-2
17
City Attorney Duggan informed the Council that he has not taken further action since the
matter is presently in litigation. Mr. Litchfield's attorney has stated that he is pursuing
the historic landmark possibility, but has not heard from the State and therefore has not
filed an application with the Cultural Affairs Commission.
Mayor Mulryan directed Mr. Duggan to proceed with the abatement, since the landmark item is
holding up a decision and does not appear to be actively followed up.
19. AGREEMENT RE PARKING STRUCTURE AT NORTHGATE SHOPPING CENTER (CM) - File 4-10-169
RESOLUTION NO. 6448 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/M&T
Properties, Inc., re Proposed Mervyn's Department Store at Northgate
Shopping Center)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
20. STATUS REPORT ON GROVE HILL (PW) - File 5-1-269
Public Works Director Bernardi reported that the Geotechnical Review Board has not yet been
able to set a date for inspection of the area and staff is arranging to have an inspection
trip with members of the Neighborhood 13 group, so they may express their concerns directly to
the Board. A further report will be made at the December 6th meeting.
(Councilmember Miskimen returned)
21. DISCUSSION OF 1982/85 CAPITAL IMPROVEMENT PROGRAM (CM) - File 8-5
Council agreed that many of the "Worthy but Unfunded Projects" are of sufficient value that
staff should be alert for availability of funds as other projects are completed leaving a
surplus. Also, the proposed transfer of sanitary sewers is to be agendized after the first of
next year.
RESOLUTION NO. 6449 - ADOPTING THE CAPITAL IMPROVEMENT PROGRAM 1982/85 FOR THE CITY OF
SAN RAFAEL
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
199
22. FINAL ADOPTION - ORDINANCE NO. 1443 - AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL
CODE TITLE 14 CONCERNING OFF-STREET PARKING AND LOADING (PI) - File -
Councilmember Jensen questioned the size of the car stalls, stating that 9 x 19 feet is larger
than is needed. After discussion, Council agreed to delay the final adoption of Ordinance No.
1443, and to direct staff to look into the advisability of reducing the size of the parking
spaces for standard size cars.
23. FINAL ADOPTION - ORDINANCE NO. 1444 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL,
CALIFORNIA, SO AS TO RECLASSIFY CERTAINA R M - A ICT
TO P -D PANNED DEVELOPMENT) DIS R CT (Revised Smith Ranch Master an - File 10-3 x
C 1 0 Q n
CHARTER ORDINANCE NO. 1444 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so
as to Reclassify Certain Real Property from P -D (Planned Development) District to P -D (Planned
Development) District (Revised Smith Ranch Master Plan), was adopted as an Ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen
ABSENT: COUNCILMEMBERS: None
24. THIRD PARTY BILLING FOR PARAMEDIC SERVICE - File 9-3-31 x 9-10-2
City Manager Beyer informed the Council that Mayor Mulryan and Councilmember Breiner recently
asked about the possibility of the City charging third parties for Paramedic services as a way
to collect additional funds for the present Paramedic program, and also the rate of collection
on the invoices to such parties for Paramedic services.
Staff was directed to check with Southern Marin and Novato, to determine how they handle this
aspect of their programs. Council also discussed the possibility of bringing the subject
before the Marin County Council of Mayors and Councilmembers.
25. REPORT OF DEVELOPMENT REVIEW COMMITTEE RE PROPOSED TURNING BASIN MARINA ADJACENT TO BEACH
PARK CM - File 2-8-24
Wm. J. Bielser addressed the Council, stating that a small group has been formed because of a
common interest in water related activities. They are Michael Cheney, Roland Bacci, Matthew
Guthrie and himself, and their plan is for a forty -berth marina in the turning basin between
the San Rafael Yacht Club and Beach Park. Beach Park would become an integral part of the
plan. Mr. Bielser asked for direction from the Council.
The Development Review Committee, consisting of Mayor Mulryan and Councilmember Dorothy
Breiner, met with the group on November 3rd, and felt that the concept is worthy of further
consideration and should come before the full Council review. Their recommendations are: 1)
To direct staff to have an appraisal prepared for the City property at Beach Park, including
the Yacht Club leased land; 2) To evaluate the total use options for this property, i.e.,
would it be better suited for commercial purposes in addition to park use or strictly for
public access; and, 3) To consider Master Planning the entire portion of the City owned
property.
Matthew Guthrie addressed the Council, with the aid of a drawing and explained that in
addition to the Marina there would be a restaurant for 60 to 80 people.
Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the recommend-
ations of the Development Review Committee and to give the first right of refusal to this
group, based upon this use.
Councilmember Breiner inquired about the bidding process, and City Manager Beyer stated that
this would not be a sale of property, but a lease, and that after the lease value is
established it would go through the normal review process within the City system, to see if it
is the appropriate use and the right configuration.
Mr. Bielser added that he believes part of the underwater property is actually held in trust
by the State Lands Commission so they would also be involved and may be entitled to some of
the revenue which might be generated from the project.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
200
26. CONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE INDUSTRIAL DEVELOPMENT BONDS (IDB) FOR
THE BLUMENFELD PROPERTY CM - Me 8-22
City Manager Beyer informed the Council that The Pratt Company has asked to be allowed to take
advantage of Industrial Bond financing for the Marin Square project which is located on the
Blumenfeld property bounded by Bellam Boulevard and Gary Place. The location is the site of
the old Motor Movies and comprises 7.2 acres with a proposed construction of 94,000 square
feet of retail/office buildings.
RESOLUTION NO. 6450 - CONCERNING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
MARIN SQUARE PARTNERSHIP (Blumenfeld Property)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. CONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE INDUSTRIAL DEVELOPMENT BONDS (IDB) FOR
THE FOURTH AND A STREETS PROJECT CM - File 8-22 x R-1 3
City Manager Beyer informed the Council that Kuykendall/Chatham developers have made appli-
cation for Industrial Development Bonds, with regard to their project at Fourth and "A"
Streets, "The San Rafael Plaza".
RESOLUTION NO. 6451 - CONCERNING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR
THE SAN RAFAEL PLAZA (Fourth and "A" Streets)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
28. JOINT POWERS AGREEMENT BETWEEN CITIES AND THE COUNTY TO ENGAGE CONSULTING SERVICES FOR A
MASTER A AGR C - File --
City Manager Beyer presented a proposed Joint Powers Agreement between the cities of Marin
County, and the County of Marin, to engage consulting services with CTIC Associates for a
Master CATV Agreement. The concept of a Master CATV franchise agreement throughout the County
would be applicable to Viacom and other providers, and would embody the business principals of
the County Rate Increase Agreement.
RESOLUTION NO. 6452 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between the
Cities and the County of Marin to Engage Consulting Services with CTIC
for a Master CATV Agreement)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. REPORT RE ISSUANCE OF CERTIFICATES OF CONVENIENCE AND NECESSITY - LIMOUSINE SERVICE (CA) -
i e -
Contract Attorney Bullard informed the Council that pursuant to recent State case law the
City's ability to issue Certificates of Convenience and Necessity is preempted by the Public
Utilities Commission of the State of California. Therefore, an amendment to Chapter 10.60 of
the Municipal Code with regard to limousine service is indicated.
Mr. Bullard's report also discusses the City's right to scrutinize the drivers of a limousine
service and the City's liability to impose a business license tax. The conclusions are that
City scrutiny of drivers permissibly impedes upon Public Utilities Commission authority, and
that San Rafael can lawfully tax limousine services so long as the City charges for the
privilege of engaging in business within the City boundaries and does not charge for the use
of the City streets. It was pointed out that this does not apply to taxi cab services.
Councilmember Breiner moved and Mayor Mulryan seconded, to direct staff to proceed to amend
Chapter 10.60 of the Municipal Code as indicated.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
30. BARGAINING UNIT MEMBERSHIP AMENDMENTS (Pers) - File 7-3
Council reviewed a staff report indicating that three Resolutions are being proposed, to
change the categories of various positions, both in Classified and Confidential categories,
and to correct certain commonly accepted groupings. These discrepancies were identified in
connection with the salary negotiations during this past year.
RESOLUTION NO. 6453 - CREATING A LIST OF CONFIDENTIAL POSITIONS WITHIN THE CLASSIFIED SERVICE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6454 - AMENDING RESOLUTIONS NO. 6360, 6388, AND SUSPENDING RESOLUTION NO.
6389 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CITY
EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6455 - AMENDING RESOLUTION NO. 6388 PERTAINING TO THE COMPENSATION FOR
MANAGEMENT AND UNCLASSIFIED EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
201
31. INTERIM REPORT ON SCHEDULED MODIFICATIONS TO THE STREET SWEEPING MAINTENANCE PROGRAM FOR THE
CITY PW - File 9--T--4U-
Council
- -
Council reviewed a staff report, indicating the need for returning to the former street
sweeping schedule due to falling leaves and winter conditions. It is proposed that this
schedule be maintained until March 1, 1983 when staff could return to the reduced level of
service consisting of one street sweeper which sweeps the downtown area three nights a week,
and residential areas approximately every six weeks.
Councilmember Jensen remarked that in his neighborhood the sweeper comes very early in the
morning, when many cars are parked at the curb, and suggested that in residential areas they
sweep later when most of the cars are gone. Council agreed, and asked City Manager Beyer to
look into this possibility.
Councilmember Jensen then moved and Councilmember Frugoli seconded, to authorize staff to
return to the former street sweeping schedule as outlined.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
32. RESPONSE TO SAN RAFAEL SCHOOL DISTRICT RE SALE OF SAN PEDRO SCHOOL SITE (Rec) - File 2-7-1
Recreation Director Jauch informed the Council of the receipt of notification from the San
Rafael School District that they intend to sell 7.28 acres at 498 Point San Pedro Road (San
Pedro School site). They asked to be notified within sixty days if any City, County, Park or
Recreation District is interested in buying or leasing the property. Mr. Jauch presented a
proposed Resolution authorizing staff to negotiate with the School District, and informed the
Council that the portion in which he is interested is the playground, playing field, and
adjacent parking area.
Council discussed the matter, and agreed that staff should also survey Hartzell School and any
other sites not presently in use, and come back to the Council with specific proposals. Also,
instead of adopting the proposed Resolution the Council preferred that a letter be addressed
to the School District indicating that the City is interested in purchasing the playground,
playing field and parking area, but not committing the City to an actual purchase.
ADD ITEM
Christmas Lunch for Field Personnel - File 9-3-40
Councilmember Jensen moved and Councilmember Breiner seconded, to approve a Public Works
Christmas party for this year, as in the past, with recognition for long hours of work by
field personnel.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
202
CLOSED SESSION
Council adjourned to Closed Session, then reconvened in open session to authorize settlement
of Claim No. 3-1-710, in the name of Mr. & Mrs. Dennis Larson, through construction of Public
Works improvement.
i
MA EO 1 -
APPROVED THIS 6'k1le
DAY OF , 1982
e e.�SL Q �__ CLA _
M YOR OF THE CITY OF SAN RAFA L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 22, 1982, at 5:30 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
(Arr. @ 5:42 PM)
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
(Arr. @ 5:37 PM)
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: AGREEMENT WITH CERTAIN RESIDENTS ON MOUNTAIN VIEW AVENUE RE STORM DRAIN IMPROVEMENTS (PW) -
File 4-10-170
Mayor Mulryan explained that the purpose of the meeting was to adopt Resolutions authorizing
execution of an Agreement between the City of San Rafael and certain property owners on
Mountain View Avenue to clear and repair a drainage pipe located on private property, and
authorizing emergency repairs and waiver of public bidding requirements for these emergency
repairs.
There were questions raised by the property owners as to the method of cleaning the pipe.
Public Works Director David Bernardi indicated that hand work would be done using picks,
shovels and wheelbarrows at this time, with the work to be completed by December 31, 1982, and
for the major repair work the City would handle this under the normal bidding process.
RESOLUTION NO. 6456 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT, RE STORM DRAIN
IMPROVEMENTS, MOUNTAIN VIEW AVENUE, W /STEPANICICH, BECKSTROM, GUENZA,
BORO, MILLER, SILVESTRI, GILBERT & BURKE
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6457 - AUTHORIZING EMERGENCY REPAIRS TO STORM DRAIN AND AUTHORIZING WAIVER
OF PUBLIC BIDDING REQUIREMENTS (MOUNTAIN VIEW AVENUE PROPERTY)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then adjourned to Closed Session to discuss interviews re Assistant City Attorney
position. No action was taken.
i
;V, fIC ty V erk
APPROVED THIS 6 � DAY OF 1982
MAYOR OF THE CITY OF SAN RAFAEL
*** *** *** *** *** *** *** ***
203
In the Council Chambers of the City of San Rafael, Monday, December 6, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember /Agency
Member
Gary R. Frugoli, Councilmember /Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember /Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk /Agency Secretary;
Edmund A. Duggan, City Attorney /Agency Attorney
PUBLIC HEARING
1. JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 4-4-4
REDEVELOPMENT AGENCY
a. Resolution Approving Negative Declaration for a Relocation Agreement with PG&E
b. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving a Relocation Agreement with
CITY COUNCIL
c. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving Exchange of Property
Mayor/Chairman Mulryan declared the public hearing opened.
City Manager /Executive Director Beyer noted that negotiations have progressed very well, and
that he expects the final exchange agreement will be ready by December 20, 1982.
Councilmember /Agency Member Breiner moved and Councilmember /Agency Member Jensen seconded, to
continue the joint public hearing to Monday, December 20, 1982.
AYES: COUNCILMEMBERS/MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor/Chairman Mulryan
NOES: COUNCILMEMBERS/MEMBERS: None
ABSENT: COUNCILMEMBERS/MEMBERS: None
2. PRESENTATION OF FIRST PHASE OF THE TRANSPORTATION CENTER (CM) - File R-81 x SRCC 112-2
City Manager/Executive Director Beyer informed the Agency /Council that the City has sixty days
in which to reply to Final Working Paper No. 1, Phase III, San Rafael Transportation Center,
which was prepared by DMJM Economic Research Associates, Environmental Impact Planning Cor-
poration, and Royston, Hanamoto, Alley & Abey.
Peter Dyson, Senior Planner of the Bridge District, introduced James White, project manager,
who gave a briefing of the background of the proposed transportation center project which has
been under construction for the past seven years. Mr. White pointed out that twenty-one sites
were studied, from which two were considered the highest priority for further study. One was
the area bounded by Second, Third, Netherton, Lincoln and Ritter. This area includes several
businesses which would have to be relocated, among which are the AMC dealership, Greyhound Bus
Depot, Marin Color, and a car wash. The other area is under the freeway overpass, extending
from Third Street to Fifth Avenue where there are now two parking lots.
One of the points of consideration is that of joint usage to generate additional revenue to
minimize and offset costs. The only potential for the site of the two parking lots would be a
small coffee shop. Also, there would be a problem with the esthetics of a building in that
location because of the freeway overhead and the columns bracing the freeway. Another deter-
rent for that site is that it will increase traffic congestion in an area which is already a
problem.
The principal problem with the Second, Third, Netherton, Lincoln and Ritter area is the
relocation of a number of businesses; however, there would be space for local businesses which
could help pay for the operation of the center. In addition, the traffic problems would not
be as intense, particularly if the bus depot is located at the site of the AMC dealership at
Third and Lincoln.
After further discussion it was agreed that the plan should be reviewed by the Transportation
Center Committee, consisting of Mayor Mulryan and Councilmember Frugoli, and representatives
of the Bridge District at a workshop within the next two weeks. The Committee will report
back to the Agency /Council and a reply made to the Bridge District within the required sixty
days.
The Council/Agency adjourned to meet at 8:00 PM as the City Council for their regular meeting.
JEANNV. LEONCB1, City C er Agency Secretary
APPROVED THIS d Q *1 DAY OF , 1982
LAWRENCE E. MULRYAN, Mayor Age cy Chairman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, December 6, 1982, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Meetings
of November 8, and Special, Special
Joint and Regular Meetings of November 15,
and Special Meeting of November 22,
1982 (CC)
2. Extension of Time for Northgate East -
Phase 3 (PW) - File 5-1-220
3. Report on Bid Opening - Robinhood Drive
Storm Drainage Improvement Project (PW) -
File 4-1-329
4. Report on Bid Opening - Manderly Road
Drainage Improvement Project (PW) -
File 4-1-330
5. Appeal of Handicapped Access Requirements -
710 Mission Avenue (PW) - File 13-1-1
6. Deletion by Municipal Court Judges of
Portion of Bail Schedule for Violations
of Designated San Rafael Municipal Code
Sections (CC) - File 10-6
7. Claims for Damages: (PW)
a. Maria M. Gallion - File 3-1-719
b. Walter & Janet Pedersen -
File 3-1-723
c. Metropolitan Property and Liability
Insurance Company - File 3-1-724
d. Carl B. Arnold III et al - File 3-1-728
Recommended Action
Approved as submitted.
RESOLUTION NO. 6458 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENTS, NORTHGATE EAST
DEVELOPMENT, PHASE 3 (To and including
December 3, 1983).
RESOLUTION NO. 6459 - AWARD OF CONTRACT
(To Whitmire & Sons, low bid, $27,540).
RESOLUTION NO. 6460 - AWARD OF CONTRACT
(To Whitmire & Sons, low bid, $18,455).
Set public hearing for December 20,
1982.
Accepted report. Portion deleted was
"Violations Corrected Prior to Court
Appearance" ($25, $50 and $150 bail).
Approved R. L. Kautz & Co. recommend-
ations for denial of claims.
8. Claim for Damages: (PD)
Gina Bridges - File 3-1-720
9. Redevelopment Agency Annual Report (RA) -
File 140
10. Authorization to Call for Bids - Turf
Sweeper (GS) - File 4-2-172
11. Status Report on Grove Hill (PW) -
File 5-1-269
Approved R. L. Kautz & Co. recommend-
ation for acceptance of late claim,
denial of claim.
Accepted report.
Approved call for bids for turf sweet
for Parks Division. $8,500 has been
budgeted.
205
Accepted report. Staff will continue to
monitor the project and take appropriate
action if required.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. CONSIDERATION OF CANCELLATION OF SECOND COUNCIL MEETING IN DECEMBER (CM) - File 9-1
This item removed from agenda, since a decision was made at the Redevelopment Agency meeting
to hold the December 20th meeting as scheduled.
13. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 36 PROFESSIONAL CENTER PARKWAY;
J. FRANK GEORGE, A ; A 155-071-12 - File 13-1--T
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi informed the Council that the Public Works staff has investigated
the feasibility of access for the physically handicapped at the building in question, and it
has been determined that access is feasible and would remain within the property lines for
this development. The ramp meets all requirements for slope and landings, and a loose estimate
is $20,000. One parking space would be lost in construction of the ramp. Mr. Bernardi
recommended that the work be done, but offered as an alternate that the Council consider
taking whatever cost the ramp would be and applying it to other areas where handicapped access
is needed in the public right-of-way.
City Attorney Duggan stated that because of the unequivocal agreement between the original
owner, David Costamagna, and the City, that if the law required handicapped access it would be
provided and because Mr. Costamagna had posted a bond to that effect, his recommendation is
that the appeal be denied.
J. Frank George, the new building owner, stated that in checking with similar offices in the
area he found that they have not needed handicapped access at all. He asked consideration for
a small reception office in the paved parking area under the building which he feels is
essentially the ground floor of the building, and asked if that would be acceptable in lieu of
a costly ramp, since a handicapped individual could be served in that fashion. He also
affirmed that law offices traditionally serve their clients by visiting their homes if they
are unable to walk without difficulty.
There being no further public input, the hearing was closed.
Mayor Mulryan stated that an office on the ground level might accomplish the end result, which
is to provide access to the handicapped.
Councilmember Breiner suggested that because this problem was not caused by the present owner
but by the original one, perhaps the present owner could appeal to the original owner who
created the problem. Councilmember Frugoli spoke in favor of an interview office on the
ground floor, which he felt could be accomplished at a reasonable cost, and have the owner
provide funds for the handicapped access elsewhere in the community where needed.
After further discussion Councilmember Jensen moved and Councilmember Miskimen seconded, to
deny the appeal and have staff work with the building owner on a plan for a ground -level
interview office, for a nominal figure, with the balance of any amount under $5,000 to be
provided by the owner for handicapped access in the community. Staff is to report back to
Council with their findings.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 909 "D" STREET (PW) -
Fila 1I-1-1
Mayor Mulryan declared the public hearing opened.
206
Public Works Director Bernardi adressed the Council, sitting as the Board of Appeals, regarding
the appeal which has been filed seeking relief from the mandated requirements for handicapped
access at 909 "D" Street. Mr. Bernardi stated that access requirements would require enlarging
the proposed restroom and providing a ramp access to the remodeled entry, which is estimated to
cost from $500 to $1,000. The total remodelling planned for the building is estimated at
$4,000. Therefore, staff is recommending that the Board of Appeals consider that the access
represents an unreasonable burden and is financially unacceptable, and that they direct staff
to prepare an appropriate resolution with findings, to be back for adoption at the next Council
meeting. Also, the Marin Center for Independent Living and their representatives do not feel
that access improvements are warranted at this time.
There being no further public input, the hearing was closed.
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recommen-
dation to grant the appeal and direct staff to prepare a Resolution of findings to come back
for adoption at the December 20, 1982 meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: CO UNC ILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENT - 1551 FOURTH STREET (PW) -
File 13-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi briefed the Council, sitting as the Board of Appeals, stating
that an appeal has been filed seeking relief from the mandated requirements for handicapped
access at 1551 Fourth Street. Rich MacDonald, the owner of the building, must repair the
building due to extensive fire damage, and wishes to add approximately 150 square feet to the
rear of the structure. The total cost is estimated to be $75,000. The necessary access
requirements including a ramp or lift, and modification of the restroom facilities, would cost
approximately $5,000 to $15,000. The Marin Center for Independent Living feel that if room
for a ramp can be found it should be installed. However, Public Works feels this is not
possible because it would impair vehicular access along the eastern side of the building.
They are therefore recommending the appeal be granted, and staff directed to prepare a
Resolution of findings for presentation at the December 20th meeting.
There being no public input, the hearing was closed.
Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the staff recommen-
dation to grant the appeal and direct staff to prepare a Resolution of findings to come back
for adoption at the December 20, 1982 meeting.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Rich MacDonald then asked the Council when he could obtain a permit to put the roof on the
building, and was advised he could come in tomorrow.
(Councilmember Miskimen left meeting)
16. PUBLIC HEARING - REZONING (Z82-3), EL CERRITO AVENUE, AP 11-121-06; FROM: "U" (UNCLASSIFIED)
DISTRICT. 0: R -1-B-3 G , MINIMUM BUILDING SITE AREA 20,000
FEE]) U151KiUl. 1N1IlAIEU BY UUNN, bILWAKI, NUI:KULJ & W11hLKJF'UUN, G/U JUHN JItWAKI, UWNtKJ:
KAY W. F UKLAKLK, KtF. l FI) - r 1 1 e lU-3
Mayor Mulryan declared the public hearing opened.
Planning Director Moore briefed the Council, informing them that this proposed two -lot
subdivision at the end of E1 Cerrito Avenue is part of the Stewart estate in the Fairhills
area. It is consistent with the Neighborhood 13/14 Plan, and conditions of approval include
dedication of a trail easement as called out in the Neighborhood Plan.
There being no public input, the hearing was closed.
Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative
Declaration.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
207
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to
R -1-B-3 (Single Family Residential, Minimum Building Site Area 20,000 Square Feet) District
(End of E1 Cerrito Avenue), and numbering Charter Ordinance No. 1445, was read, introduced
and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Miskimen returned)
17. REPORT ON REQUEST BY SAN QUENTIN DISPOSAL COMPANY FOR EXCLUSIVE FRANCHISE FOR REFUSE DISPOSAL
File 9-7-6 x 160
City Manager Beyer informed the Council that, subsequent to Marin Sanitary Service submitting
an application to the Planning Department for an amendment to their use permit to allow
public use of the transfer station facilities on Andersen Drive for the public dumping of
refuse, San Quentin Disposal Company requested the City grant them an exclusive franchise
for the operation of a public disposal facility (including a public transfer station) until
the year 1990 within San Rafael.
Council discussed the issue, and heard from attorneys Leland Jordan on behalf of San Quentin
Disposal, and Albert Bianchi who represents Marin Sanitary Service.
After further discussion Councilmember Frugoli moved and Councilmember Miskimen seconded,
for the permits to remain at status quo. When Marin Sanitary Service comes to the City with
a request for a public rubbish disposal use permit, the matter will be dealt with at that
time.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. AUTHORIZATION TO EXECUTE AGREEMENT WITH LAWRENCE LODER RE ABATEMENT OF UNITS - 401, 405 &
511 D STREET CA -Fi e --
RESOLUTION NO. 6461 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Lawrence & Nancy Loder and Harley & Jean Ussery, Settlement Agreement
re Abatement of Illegal Units at 401,405 & 511 "D" Street)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
19. REQUEST FOR RECONSIDERATION OF DECLARING PARCEL OF LAND SURPLUS IN EAST SAN RAFAEL (P1) -
i eZ-iU
Planning Director Moore briefed the Council, indicating that in 1979 Fred Grange declared
his interest in purchasing a piece of potential surplus City property in East San Rafael.
The property is adjacent to the Drainage Assessment District #2 pond and properties owned by
Fairview Lands (Ghilotti Bros.) and by Fred Grange. At that time it was felt that this
2,200 square foot parcel would be needed as a future negotiation point with regulatory
agencies with regard to wetlands mitigation. It has now been established that this parcel
is not needed for wetlands mitigation, and staff is recommending that the property be
declared surplus and an appraisal be prepared. Staff would then report on how any sale of
the property should be handled.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded to approve
the staff recommendation to declare the parcel surplus, and to direct staff to prepare an
appraisal and report on handling of a sale.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. REPORT ON SITES FOR TERRA LINDA BRANCH LIBRARY (Lib) - File 9-3-61
Library Director Stratford presented a staff report regarding the search for a location for
the Terra Linda Branch Library, which the County would operate under a Joint Powers Agreement
with the City of San Rafael. According to the survey, Nova Albion School is the only viable
and financially feasible site.
Councilmember Frugoli expressed the opinion that the site of Nova Albion School is too
remote for a library, and too hard to find. Councilmember Miskimen recommended looking into
the Terra Linda Recreation Center as a possibility. City Manager Beyer pointed out that the
Joint Powers Agreement calls for 5,000 square feet of space, and usage for a three-year
period.
21.
After further discussion it was agreed that staff should continue to consider sites, including
the Terra Linda Recreation Center area, with a view to econmic feasibility.
RENEGOTIATION OF CONTRACTUAL LEGAL SERVICES (CM) - File 4-3-86
City Manager Beyer informed the Council that an extension of the contract with Wm. T.
Bullard, Jr. (Bullard & Paganucci) for legal services had been prepared, with the final date
of December 31, 1982. This will allow time for the Council to finalize its deliberations on
the Assistant City Attorney position and provide some continuity for transition once that
decision is made.
RESOLUTION NO. 6463 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Wm T.
Bullard, Jr., for extension of legal services terminating December 31,
1982)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. CERTIFICATE OF CONVENIENCE FOR VETERANS' TAXI OF PETALUMA (Fin) - File 9-9
This item was brought up out of sequence as a courtesy to the applicant who came from
Sonoma County for the meeting.
Council considered a request from Veterans' Taxi Company of Petaluma for a taxi permit.
Council also reviewed a letter from Yellow Cab Company, operating as San Rafael Taxicabs,
Inc., stating that there has been a decline in taxi business in the past few years and that
they oppose another taxi company coming into the area.
After further discussion, and hearing of comments pro and con, Councilmember Jensen mooved
and Councilmember Miskimen seconded, to deny the request from Veterans' Taxi of Petaluma.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
22. FINAL ADOPTION - ORDINANCE NO. 1443 - AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL
CODE TITLE 14 CONCERNING OFF-STREET PARKING AND OADING WITH MODIFICATIONS) (Pi)
10-6
CHARTER ORDINANCE NO. 1443 - Amending Various Sections of the San Rafael Municipal Code
Title 14 Concerning Off -Street Parking and Loading (with modifications), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council then reconsidered Section 14.08.170, Definition of Parking Space, at the request of
Councilmember Jensen who felt the parking spaces should be smaller than specified in the
Ordinance.
An Ordinance of the City of San Rafael, Amdending Various Sections of the San Rafael
Municipal Code Title 14 Concerning Off -Street Parking and Loading was read, ameneded, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council agreed to direct the Ad Hoc Committee to review the matter of the size of parking
spaces.
(Councilmember Jensen left meeting)
Councilmember Frugoli then moved and Councilmember Breiner seconded, to rescind the motion
approving final adoption of Ordinance No. 1443.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Mayor Mulryan left meeting; Councilmember Jensen returned)
23. STATUS REPORT ON PROPOSAL FOR AIR RIGHTS FOR HOUSING DEVELOPMENT (CM) - File 207
City Manager Beyer briefed the Council on a request from Wintergreen Enterprises, represented
by Dan Gonzales, to use air rights over the Third and "C" streets Parking lot, to enter into
negotiations with the Redevelopment Agency for purchase of the air rights, and for permission
to request the State for Mortgage Revenue Bond allocation under the City's Charter authority.
209
Councilmember Frugoli moved and Councilmember Breiner seconded, to refer the proposal to the
Downtown Ad Hoc Committee and to work with the City Manager on the documentation. Item to
be on the December 20th agenda.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
(Mayor Mulryan returned; Councilmember Jensen left meeting)
24. RENEWAL OF LEASE OF CITY PROPERTY TO MARIN LUMBER, INC. (RA) - File 2-8-16 x SRRA R-110
Consultant Ward informed the Council that for the past four years Marin Lumber, Inc., has
leased a portion of City -owned property at Jordan and Lindaro Streets at $275 per month.
Staff has now prepared a renewal of the lease at $350 per month and added a clause which
allows the City to terminate the lease on ninety days' notice. The termination clause was
added because it is possible that all or part of the site may be required for a drainage dump
station.
RESOLUTION NO. 6462 - APPROVING LEASE AGREEMENT FOR PROPERTY AT JORDAN & LINDARO STREETS -
Ptn. AP 13-031-46 (To Marin Lumber, Inc., September 1, 1982 through
August 31, 1986, $350/Mo.)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
25. RENEWAL OF EXCESS WORKERS' COMPENSATION INSURANCE (Fin) - File 7-1-31
Finance Director Coleman recommended to the Council that they approve renewal of the Excess
Workers' Compensation Insurance with Old Republic Insurance Co. at 19.3 cents per $100 payroll.
This rate is very favorable.
Councilmember Breiner indicated that next year she would like renewal to come before the
Council a little more in advance of the expiration date, which in this case is December 8th,
in the event that other coverage might be explored if necessary.
Councilmember Miskimen moved and Councilmember Breiner seconded, to approve staff recommend-
ation to renew the Excess Workers' Compensation Insurance with Old Republic Insurance Co. at
19.3 cents per $100 payroll, through December 7, 1983.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Jensen returned)
26. CONSIDERATION OF ENDORSEMENT OF COUNTY OF MARIN MORTGAGE REVENUE BOND PROGRAM (CM) - File 213
City Manager Beyer informed the Council that a request has been received from the Committee
for Affordable Housing in Marin that Council endorse the concept of a County -wide Mortgage
Revenue Bond Program. The endorsement would create no liability on the part of the City.
Bonds must be issued before December 31, 1983, and eligible projects must begin construction
in 1983. The proposed allocation of $50,000,000 could finance 400 to 500 units.
Dick Blood-Bornholdt of the Marin County Housing Authority addressed the Council, informing
them that sixty counties within the State of California have entered into the program. The
formula for next year has not yet been determined, but thus far it has been on a first come,
first served basis.
Dennis Hart, President of First California Mortgage Company, stated that the purpose of the
program is to encourage first-time home owners within the middle income category. The majority
of buyers for these homes will include city workers, clerical, young executives, etc. with an
income between $30,000 and $35,000 per year.
After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
staff recommendation that a letter be drafted for Mayor Mulryan's signature endorsing the
program, and stipulate that a percentage of the program proceeds be directed to a lower income
group than that outlined in the program description.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
210
27. REQUEST FOR WAIVER OF BUILDING PERMIT FEES - CENTRAL MARIN SANITATION AGENCY TREATMENT PLANT
File -12-7 I
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve waiver of all
inspection fees associated with the construction of the administration and maintenance build-
ings for the Central Marin Sanitation Agency, subject to the inspection being performed by
Harris & Associates with monthly reports submitted to the Building Inspection Division; and to
approve collection of fees associated with plan checking and plan processing in amount of
$2,118.21.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
28. PROPOSED ORDINANCE TO PROHIBIT THE PAYMENT OR COLLECTION OF RENT FOR BUILDINGS ERECTED OR
MODIFIED IN VIOLATION0 C - File --
Council agreed that no action would be taken on the above subject at this time, since there
appears to be no need for it at present.
ADD ITEM
CANINE PROGRAM - File 9-3-30
Councilmember Breiner asked that staff look into the Canine Program, and explore the possi-
bility of utilizing services of Rusty Hufft's dog, possibly through the Marin County Sheriff's
Office. Council agreed that a report should be made on the entire Canine Program after the
first of next year, by Police Chief Ingwersen.
PUBLIC HEARINGS - File 1-4-1
Council agreed that, due to lack of a full Council on December 20th, the following public
hearings will be held on the dates listed below:
a. Appeal of Planning Commission Decision to Not Recommend the Certification of the
Tiscornia Marina EIR - January 3, 1982.
b. Appeal of Planning Commission Decision: Notice of Violation on Two Illegally Sub-
divided Lots, 38/39 Fernwood Way (Fred Grange) - January 17, 1982.
CLOSED SESSION
30. Council met in Closed Session, then reconvened in public and took the following action:
a. Approved settlement of $2,750 to Arthur James Neville, Claim 3-1-499.
b. Announced decision to offer Assistant City Attorney position to Stewart Andrew,
presently serving as Assistant City Attorney of Livermore. File 9-3-16 x 7-4.
1 , II; iii Oi1i
APPROVED THIS AO -k.Z DAY OF 1982
MAYOR OF THE CITY O�SANA
*** *** *** *** *** *** *** ***
211
In the Council Chambers of the City of San Rafael, Monday, December 20, 1982, at 7:45 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Gary R. Frugoli, Councilmember /Agency
Member
Fred E. Jensen, Councilmember /Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Absent: Dorothy L. Breiner, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager /Executive Director;
Jeanne M. Leonci ni , City Clerk /Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING
1. JOINT PUBLIC HEARING RE PG&E PROPERTY EXCHANGE (RA) - File R-187 x R-217 x SRCC 4-4-4
REDEVELOPMENT AGENCY
a. Resolution Approving Negative Declaration for a Relocation Agreement with PG&E
b. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving a Relocation Agreement with PG&E
CITY COUNCIL
c. Resolution Determining Agency has Complied with Section 33433 of the California Health &
Safety Code and Approving Exchange of Property
Mayor/Chairman Mulryan declared the public hearing opened.
City Manager/Executive Director Beyer stated that this matter has been delayed since September
due to the "hazardous" materials paragraphs in the agreement and to determine agreeable
wording with PG&E.
Some sixty days ago, PG&E commenced an analysis to determine if there was any hazardous
materials located on their property bordering on Lindaro Street. Preliminary reports indicate
that in the easterly parcel (7.74 acres) there is a minor problem near the location of the
fuel pumps, which can be cleaned up and removed, thus PG&E can guarantee a clean parcel once
this matter is cleaned up.
The westerly site (3.39 acres) has indications of hazardous materials, apparantly from their
old gas -making operations where oil was used leaving pyzine in the soil. Apparently much more
study is necessary on this site and PG&E could not meet the six-month time table in order to
determine the nature of the problem and have it cleaned up. Therefore, they have indicated
they want to pull the westerly parcel out of the exchange agreement and are willing to con-
tinue negotiations on the larger parcel.
Mr. Beyer indicated there are two options open to the Agency as a result of this action: a)
terminate negotiations; b) continue negotiations without the 3.39 acre parcel in the Agree-
ment. If this parcel were out, the Agency's objective would still be met in relocating PG&E
to Andersen Drive, as this activity would still occur.
Mayor/Chairman Mulryan questioned what the EPA (Environmental Protection Agency) requirements
would be relative to having to remove the hazardous material in any event regardless of the
use of the property.
Mr. John Benzon, Marin District Manager, PG&E replied that the information was not known at
this time. He stated they had met with representatives of the EPA and informed them of their
findings on a preliminary basis and until they are able to profile the entire piece of property
and determine the extent of this residue material and propose to them a plan, it would not be
possible to determine what the requirements for removal would be. PG&E will be having further
discussions with the EPA.
Mayor/Chairman Mulryan asked if PG&E had attempted to determine whether there is a public
safety hazard and Mr. Benzon replied that the material is located approximately 2 1/2 to 3 feet
below the surface of the ground at the interface between the bay mud and that the fill material
was deposited on the property in the early 1930s. He further stated that according to their
preliminary analysis, the material is not moving. Mayor/Chairman Mulryan questioned whether
there is any evidence of material in the creek and Mr. Benzon replied there was no evidence of
movement of any material toward the creek. Mr. Benzon further stated that the one spot on the
other side, which is near the gasoline pumps, they feel is the result of some petroleum spill
that occurred there over the years and is not connected with this residue from the gas manu-
facturing process across the street.
212
Mr. Benzon also mentioned they feel they cannot resolve the problem on the westerly parcel in
time to meet the City's time frame and for that reason, they have withdrawn that parcel from
the negotiations, and following an analysis of the situation there at some later date, PG&E
would certainly offer the City the right of first refusal on the property.
Upon questioning by Councilmember /Agency Member Miskimen, Mr. Benzon stated that core samples
have been taken are now being analyzed. PG&E believes that if the fill material had to be
removed and stockpiled to remove the hazardous material beneath, the cost of this could con-
ceivably exceed the cost of the land.
After further discussion, Councilmember/Agency Member Frugoli moved and Councilmember/Agency
Member Miskimen seconded to proceed with negotiations on the 7.74 acre parcel.
AYES: COUNC ILMEMBERS /h1EMBERS: Frugoli, Jensen, Miskimen & Mayor/thai rman Mul ryan
NOES: COUNCILMEMBERS/M EMBERS: None
ABSENT: COUNCILMEMBERS /MEMBERS: Brei ner
Joint public hearing was then continued indefinitely, with the meeting to be renoticed.
Joint meeting was then adjourned to go back to the regular Redevelopment Agency meeting to
complete their agenda (Item No. 4 - Amendment to Agreement with Quail Hill (Andersen Drive)).
City er gency Secrefary
APPROVED THIS 7arQ DAY OFkawAALA, , 1983
�t w
LAVRENCE E. M LR AN, Mayor'/Agency Chairman
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, December 20, 1982, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Absent: Dorothy L. Breiner, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item
1. Approval of Minutes of Special Joint and
Regular Meetings of December 6, 1982 (CC)
2. Renewal of Lease of City Property - Marin
Restaurants, Inc. (RA) - File 2-8-15
3. Acceptance of Grant of Portion of Street
Right -of -Way - Auburn Street and Andersen
Drive (PW) - File 2-2
4. Resolution of Findings - Appeal of Handi-
capped Access Requirements, 909 "D"
Street (PW) - File 13-1-1
5. Resolution of Findings, Appeal of Handi-
capped Access Requirements, 1551 Fourth
Street (PW) - File 13-1-1
Recommended Action
Approved as submitted.
RESOLUTION NO. 6464 - APPROVING LEASE
AGREEMENT FOR STORAGE AREA AT THIRD &
LOOTENS (W/Marin Restaurants, Inc.)
RESOLUTION NO. 6465 - ACCEPTING CONVEY-
ANCE OF STREET RIGHT-OF-WAY, AUBURN STREET
AND ANDERSEN DRIVE, SAN RAFAEL, CALIFORNIA
RESOLUTION NO. 6466 - COUNCIL (IN ITS
CAPACITY AS BOARD OF APPEALS) GRANTING
APPEAL FROM STATE ACCESS REQUIREMENTS -
909 "D" STREET
RESOLUTION NO. 6467 - COUNCIL (IN ITS
CAPACITY AS BOARD OF APPEALS) GRANTING
APPEAL FROM STATE ACCESS REQUIREMENTS -
1551 FOURTH STREET
7. Claim for Damages - Jean N. Vanden (PW) -
File 3-1-721
213
Approved R. L. Kautz & Co recommendation
for denial of claim.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
6. REQUEST FOR AUTHORIZATION TO CALL FOR BIDS FOR MISCELLANEOUS RADIO EQUIPMENT (GS) -
File 4-2-173
Councilmember Jensen requested that staff make sure that specifications are written for the mis-
cellaneous radio equipment for Police, Fire and Public Works to assure that more than one ven-
dor could bid on the items.
Councilmember Jensen then moved and Councilmember Frugoli seconded, to authorize staff to call
for bids.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
8. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 710 MISSION AVENUE (PW) -
Fi -17-1-1
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi briefed the Council, sitting as the Board of Appeals, stating
that an appeal has been filed which seeks relief from the mandated requirements for handicapped
access. Hedvig Zaunmuller wishes to remodel her building at 710 Mission Avenue for office use.
This work is to include replacing the front and rear stairways and a general facelift of the
building. This work is estimated to cost $7,000. Access requirements would require her to
enlarge the existing restroom, enlarge doorways and provide a ramp or lift at the entry. The
work is estimated to cost $45,000 to $50,000. The Marin Center for Independent Living were
contacted and their representative does not feel that access improvements are warranted at this
time. Public Works is recommending that the appeal be granted, based upon the limited area to
be served, the financial burden, and the input of the handicapped community.
There being no public input, the hearing was closed.
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the staff recom-
mendation to grant the appeal and direct staff to prepare a resolution of findings to come back
for adoption at the January 3, 1983 meeting.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
9. REPORT FROM PUBLIC WORKS DEPARTMENT RE: (PW) - File 4-10-158
a. SHEEP GRAZING PROGRAM
After discussion, Councilmember Jensen moved and Councilmember Frugoli seconded, to accept
report that program is working successfully.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
b. EXTENSION OF AGREEMENT FOR USE OF CITY OPEN SPACE TO GRAZE SHEEP
RESOLUTION NO. 6468 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DONALD MILLS FOR THE
GRAZING OF SHEEP IN CITY OPEN SPACE LANDS (One year agreement)
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
10. STATUS REPORT RE AIR RIGHTS FOR HOUSING DEVELOPMENT (CM) - File 207
City Manager Beyer briefed the Council, stating that when the item was brought before them at
the December 3rd meeting, Council requested that the proposal be referred to the Downtown Ad Hoc
Committee for their review and report back to Council. The Committee has reviewed the proposal
and expressed the feeling it was premature to make a commitment on this particular parking
location at this time, because it would preclude one of their options in terms of parking needs
downtown. (Third and "C" Street parking lot).
214
Lengthly discussion was held concerning Wintergreen Enterprises' request to apply to the State
for mortgage revenue bond allocation. Council did not agree to this request.
After further discussion, Councilmember Miskimen moved and Councilmember Jensen seconded, to
authorize Wintergreen Enterprises (Dan Gonzales) to: 1) Apply for permits on the Third & 11C11 j
Street parking lot; and 2) enter into negotiations with the Redevelopment Agency for the pur-
chase of the air rights.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
11. FINAL ADOPTION - ORDINANCE NO. 1443 - AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL
CODE TITLE 14 CONCERNING OFF-STREET A A - File - f
CHARTER ORDINANCE NO. 1443 - Amending Various Sections of the San Rafael Municipal Code Title
14 Concerning Off -Street Parking and Loading (as amended), was adopted as an Ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
12. FINAL ADOPTION - ORDINANCE NO. 1445 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CA IFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF HE MUNICIPAL CODE OF SAN RAFAEL
CALIFORNIA, SO AS TO RECLASSIFY CERTAINA 0 R (UNCLASSIFIED)
R -1 -D -J \J1IMULL FM9II-I RLJIUL. IVI IML, 1'11141I'IUI'1
End of El Cerrito Avenue P - File 0-
T
CHARTER ORDINANCE NO. 1445 - Amending the Zoning Map of the City of San Rafael, California,
Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, So As
To Reclassify Certain Real Property From "U" (Unclassified) District to R -1-B-3 (Single Family
Residential, Minimum Building Site Area 20,000 Square Feet) District (End of E1 Cerrito Avenue),
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
13. CONSIDERATION OF REQUEST FOR DRAINAGE IMPROVEMENTS ON IRWIN STREET (PW) - File 4-1-331
Mayor Mulryan stated that he had met with representatives of the property owners and businesses
on Irwin Street, along with Public Works Director Bernardi, and learned the technical reasons
for a lot of flooding and the need for drainage improvements in the area.
Mr. Juan Ferrer spoke on behalf of the property owners and presented the Council with copies of
the Minutes of a meeting held on November 30, 1982 between the property owners and Public Works
Department staff.
After much discussion, Councilmember Jensen moved and Councilmember Miskimen seconded, to 1)
Authorize staff to proceed with plans and specifications; 2) Encumber $60,000 from reserves; 3)
Authorize the project subject to property owners attempting to form a Drainage Assessment
District within one year of this approval; as recommended by staff.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
Upon questioning by Mr. Ferrer, Public Works Director Bernardi stated that they are presently
supplying manpower to man the storm pumps 24 hours a day during the rainy season.
14. CONSIDERATION OF SETTING DATE FOR COUNCIL/PLANNING COMMISSION WORKSHOP ON SECOND UNITS (P1) -
File l- 9-2-33
agreed to setting the date of January 5, 1983 at 7:30 PM for a special Council/Planning
Commission workshop concerning the ordinance being developed on second units.
(Councilmember Frugoli left meeting)
15. PROPOSAL TO INCORPORATE THE DRAINAGE ASSESSMENT DISTRICT #1 POND INTO THE OVERALL PLANNING FOR
HE LANDS OF HERZS E N TRUST (Pl)- File6-22
Planning Director Moore's staff report recommended that the Council conceptually approve incor-
porating the San Rafael Drainage Assessment District #1 Pond into the overall planning for the
lands of the Herzstein Trust.
215
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve staff's recommend-
ation.
{
,.. , AYES: COUNCILMEMBERS: Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli �.
16. RENEWAL OF OUR EXCESS LIABILITY INSURANCE (Fin) - File 9-6-1
RESOLUTION NO. 6469 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING I'
LIABILITY AND COMPREHENSIVE INSURANCE FOR THE YEAR 1983 (Liability & �.
Comprehensive Ins. to Landmark Ins. & Twin Cities Fire Ins., respec-
tively, effective 1/4/83, as proposed by Marsh & McLennan) - (liability
ins. coverage w/$50,000 deductible; comprehensive ins. w/$1,000
deductible - auto, fire & collision)
AYES: COUNCILMEMBERS: Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Frugoli
(Councilmember Frugoli returned)
i
17. RENEWAL OF OUR CLAIMS ADMINISTRATION FOR WORKERS' COMPENSATION AND LIABILITY INSURANCE AND
RENEWAL OF OUR SAFETY CONTRACT (Fin) - File 7-1-31 x 4-10-109 x 4-10-147
Council discussed the proposed agreements between City of San Rafael and R.L. Kautz & Company
for Self -Insurance Administration Services and Loss Control & Communication Assistance Agreement
and requested staff to discuss with R.L. Kautz revision to agreements to add City's right to
terminate said agreements for cause; with agreements to be brought back at next meeting.
Council approved staff recommendation to contract with P & F Safety Services for the City's
safety services for 1983.
RESOLUTION NO. 6470 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/P&F Safety Services for
safety programs, effective January 1, 1983)
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
18. CONSIDERATION OF REFERRAL FROM GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT RE SALE OF
SURPLUS R ER ACRES ON ANDERSEN DR A- File -
The Golden Gate Bridge, Highway and Transportation District has notified the City of San Rafael
that it intends to dispose as surplus property approximately 7.5 acres between Andersen Drive
and Highway 17. None of the City or Agency's studies contemplate the need to acquire this
site.
City Manager Beyer's report recommended that GGBTD be advised that the City has determined that
there is no interest in acquiring this parcel at this time, and that GGBTD advise potential
purchasers that the City will expect the development of this site will conform to City and
Agency General Plan and Design Standards.
Council, without motion, approved the staff recommendation.
19. ENDORSEMENT OF COOPERATIVE AGREEMENT AND FIRST ADDENDUM TO THE AGREEMENT RE DISPOSITION OF
NWPRR RIGHT-OF-WAY - File 117
Staff is recommending that Council approve authorizing Mayor to sign a letter of approval of
the cooperative agreement between the Golden Gate Bridge, Highway and Transportation District,
the County of Marin and the Marin County Transit District, the goal of which is to obtain
public ownership of the Northwestern Pacific Railroad rights-of-way to Marin County that are
necessary to provide public transportation use as set forth in the countywide and local general
plans; and schedule a meeting of the City Study Committee regarding the Northwestern Pacific
Railroad Interagency Task Force.
Councilmember Jensen moved and Councilmember Frugoli seconded, to authorize the Mayor to sign
letter and schedule a meeting of the City Study Committee regarding the Northwestern Pacific
Railroad Interagency Task Force.
AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
216
CLOSED SESSION
20. Council adjourned to Closed Session to discuss pending litigation. Council then reconvened
in open session to authorize settlement of Claim No. 3-1-722, in the name of Liberty Mutual
Fire Ins. Co. (Josephine Harris, insured) in the amount of $1,845.18.
h'`il
APPROVED THIS l %
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, January 3, 1983, at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended
action on the following consent calendar items:
Item Recommended Action
1. Resolution of Findings - Appeal of Handi- RESOLUTION NO. 6471 - CITY COUNCIL (IN ITS
capped Access Requirements - 710 Mission CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL
Avenue (PW) - File 13-1-1 FROM STATE ACCESS REQUIREMENTS - 710 MISSION
AVENUE
2. Approval of Parcel Map - 737 Francisco
Blvd. East (Lands of Litchfield) (PW) -
File 5-1-282
3. Authorization to Call for Bids for Storm
Drain Replacement Project - Irwin St. -
Hillview Ave. (PW) - File 4-1-332
4. Resolution of Intention to Abandon
Drainage Easement - Francisco Blvd.
(Lands of Grange) (PW) - File 2-12
6. Claims for Damages: (PW)
a. P. A. Chapman - File 3-1-726
b. Wm. G. Walker - File 3-1-734
AYES: COUNCILMEMBERS: Breiner,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 6472 - APPROVING PARCEL MAP
FOR LITCHFIELD PARCEL CONSOLIDATION
Approved staff recommendation to authorize
call for bids, and use of unexpected revenue
sharing project funds.
RESOLUTION NO. 6473 - INTENTION TO VACATE
SLOPE AND DRAINAGE EASEMENT IN EAST SAN
RAFAEL (GRANGE PROPERTY). Set public
hearing for February 7, 1983.
Approved R. L. Kautz & Co. recommendations
for denial of claims.
Frugol i, Jensen, Mi skimen & Mayor Mul ryan
5. CONSIDERATION OF MERGER OF TWO LOTS ON SANTA MARGARITA DRIVE (AP 10-262-23 & 24) (P1) - File 2-7
Mayor Mulryan asked Public Works Director Bernardi if the lots were sold at market value in
1980, and whether their use was considered at that time. Mr. Bernardi responded that they were
sold at market value, as two lots, with specific mitigation measures for development. He
added, upon questioning by Councilmember Jensen, that the slides on the property have not yet
been repaired, but that the owner would be obliged to comply with conditions regarding a soils
report, special building foundations, and design review.
217
Council, without motion, approved the staff recommendation that two legal building sites be
recognized, and directed staff to issue individual certificates of compliance.
7. REQUEST TO CONTRACT FOR SERVICES FOR COLLECTION OF UNPAID OUT-OF-STATE PARKING CITATIONS (GS) -
File -3-9
Council reviewed a report by Assistant to City Manager Barbier, recommending that a contract be
entered into with Spence Enterprises, Inc. (SEICOM) to collect all unpaid out-of-state parking
citations.
Councilmember Jensen inquired about the record of this company, and Mr. Barbier stated that
they perform this service for several other cities, who have indicated satisfaction with the
service. He added that SEICCM's fee is to keep 40% of all revenue which they collect, which is
very favorable compared to other collection agencies.
Councilmember Breiner asked how far back could they go on the records, and Mr. Barbier replied
that it would be cumbersome to obtain the back records from the court, and may not be worth the
time involved. Councilmember Frugoli inquired about having the warrant officer in the Police
Department handle the collection, but Mr. Barbier felt that the burden should not be shifted to
the Police Department.
RESOLUTION NO. 6474 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Spence
Enterprises, Inc. SEICOM) for Collection of Unpaid Out -of -State Parking
Citations)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. PUBLIC HEARING - REZONING (Z82-10), END OF BELLAM BLVD., AP 9-010-02; FROM: "U" (UNCLASSIFIED)
SANITATION DISTRICT; COLEMAN CONSORTIUM, REP. P - File -
Mayor Mulryan declared the public hearing opened.
Planning Director Moore informed the Council that the purpose of this zone change and tentative
map is to create eight lots for commercial/light industrial and residential development on
property owned by the San Rafael Sanitation District. The hearing was continued from the
meeting of November 15, 1982, in order to allow the Canal Community Alliance to study the
matter and provide input. A meeting was held with representatives of the Canal Community
Alliance but no written communication has been received from them since that time.
John Murphy, representative of the Canal Community Alliance, addressed the Council, stating
that their first concern is the traffic impact, which is presently at Level D. The Canal
Community Alliance feels that the traffic improvements should be made before any further
development is allowed to start in the area.
Bud Weisenburg, also from the Canal Community Alliance, recommended the Council have a specific
PUD plan so the uses will be defined, before taking any action. Mayor Mulryan stated that the
action being taken is only rezoning, and is not in any way approving a development.
There being no further public input, the hearing was closed.
Councilmember Jensen moved and Councilmember Frugoli seconded, to certify the Negative Declar-
ation.
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael,
California, Adopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from "U" (Unclassified) District to
R -3 -B -D (20) (Multiple Family Residential, Minimum Building Site Area, 2,000 Square Feet) and
PCM (Planned Commercial and Light Industrial) Districts, and numbering Charter Ordinance No.
1446, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9. PUBLIC HEARING - APPEAL TO CITY COUNCIL REQUESTING CERTIFICATION OF EIR - TISCORNIA MARINA
ENVIRONMENTAL IMPACT REPORT, EAST CANAL STREET; COUNTY ASSESSOR'S PARCELS 9-142-01 AND
, A ASSOCIATES, - File -
Mayor Mulryan declared the public hearing opened.
218
Planning Director Moore briefed the Council, stating that several days before the Planning
Commission was to have held public hearings on the adequacy of an EIR and the merits of the
proposed rezoning for a 350 -berth marina on the Tiscornia Estate Co. property in East San
Rafael, the representative for the project withdrew the zoning and use permit applications.
The representative, however, requested that the Planning Commission certify the EIR at the
scheduled meeting. The Planning Commission, after extensive discussion, set aside the EIR as
an information document without certification. The Planning Commission was concerned that the
applicant would misconstrue such certification as some kind of endorsement of the project or an
indication that full environmental review would not be conducted on some future application.
Staff had advised the Commission that certification of an EIR for which there was no longer a
project was not a meaningful exercise. Also, should a reapplication be made in the future for
a project identical to the one just withdrawn, an updated initial study and environmental
determination would have to be made.
Councilmember Miskimen asked if the EIR was properly done, and Ms. Moore replied that it was,
and that staff's recommendation to the Commission, had the application not been withdrawn, was
to approve the adequacy of the EIR.
Councilmember Breiner inquired whether the Council has the authority to certify the EIR if
there is no application and the project is moot. Assistant City Attorney Andrew replied that
there is no legal prohibition against such a certification if the Council wishes to take that
action.
Ms. Judith Waller, representative for the owners and developers, informed the Council that her
clients' feeling is that having spent a considerable amount of money on the EIR they would like
to have the City acknowledge it.
Bud Weisenburg of the Canal Community Alliance stated that the EIR, in his opinion, is in-
adequate and fails to address itself properly. John Murphy, also of the Canal Community
Alliance, stated that their Board had voted unanimously to ask him to address the Council
regarding the fact that there are no conclusive statements in the EIR, but that words such as
"might", "could", and similar wording, was used throughout. They felt that if the Council
certified such an EIR they would be giving approval to something the Alliance feels is not
correct.
There being no further input, the hearing was closed.
After discussion, Councilmember Breiner moved and Mayor Mulryan seconded, to deny the appeal
and uphold the Planning Commission.
AYES: COUNCILMEMBERS: Breiner & Mayor Mul ryan
NOES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen
ABSENT: COUNCILMEMBERS: None
Motion failed.
Councilmember Jensen then moved and Councilmember Miskimen seconded, to mandate the matter back
to the Planning Commission for further consideration and formal referral back to the Council.
AYES: COUNCILMEMBERS: Frugoli, Jensen & Miskimen
NOES: COUNCILMEMBERS: Breiner & Mayor Mul ryan
ABSENT: COUNCILMEMBERS: None
10. PRESENTATION BY CALTRANS OF PROPOSED "PARK -N -RIDE" PROJECT LOCATED AT LINCOLN AVENUE AND FAIR
DRIVE PW - File 9-3-40
Councilmember Breiner stated that she has no problem with the proposed project, but would urge
that CalTrans provide better landscaping than that which has been provided on local freeways.
Bob Crockett, Senior Transportation Engineer for CalTrans, informed the Council that he will
request the upgraded landscaping as requested by the Council. He stated it will not be exotic
planting, but will be compatible with the residential area. He further stated that curb and
gutter will be constructed along Prospect and Fair Drives where required. The proposed project
will allow safe and convenient parking spaces for fifty cars.
Councilmember Jensen moved and Councilmember Frugoli seconded, to endorse the Park -N -Ride
project and recommend to CalTrans that they take whatever steps are necessary to construct it
as quickly as possible and to upgrade the landscaping.
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
219
11. STATUS REPORT RE SEWER OVERFLOW PROBLEMS ON FIFTH AVENUE (PW) - File 4-3-99
Council was briefed by Public Works Director Bernardi regarding the sewer overflow problems on
Fifth Avenue in the Sun Valley area. It has been ascertained that it is not feasible to
correct the infiltration problem itself, but that the solution lies in providing a properly
engineered facility to prevent raw sewage from overflowing out of the manholes and into the
City streets. It appears that this will cost approximately $175,000 to $200,000, involving
replacing the existing sewer line from Eye Street to Fourth and "H" Streets.
Staff suggested several options, among them to appropriate funds from unexpended reserves to
hire a consultant to thoroughly analyze the feasibility of replacing the sewer line, determining
more precise cost estimates, and preparing preliminary drawings for Council and staff con-
sideration. The consultant cost would be approximately $8 - $10,000.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to authorize
staff to hire a consultant as recommended, and bring the matter back to Council for consider-
ation after the study has been completed.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
John Casterman of 1902 Fifth Avenue addressed the Council on the matter, and presented a letter
from Timothy Underwood of Environmental Health Services at County of Marin, substantiating the
fact of the overflowing sewers and resultant unsanitary conditions on the streets and sidewalks.
12. STATUS REPORT ON THE 1982/83 BUDGET (CM) - File 8-5
City Manager Beyer asked the Council's support of action he took on December 21, 1982, in
imposing a selective personnel hiring freeze and a temporary freeze on the purchase of capital
outlay items. This freeze was imposed due to recent revenue projection reports and the poten-
tial for reduced revenues during the 1982/83 fiscal year. This action further allows time to
evaluate various options in preparing the 1983/84 fiscal year budget. Mr. Beyer promised a
further report for the Council at the January 17th meeting.
Councilmember Frugoli moved and Councilmember Miskimen seconded, to support the City Manager's
actions on December 21, 1982 with regard to hiring and purchasing freezes.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to their special workshop meeting with the Planning Commission
regarding Second Unit Housing, to be held on Wednesday, January 5, 1983.
APPROVED THIS % % DAY OF 1983
—MAYOR OF THE CITY OF SAN RAFAEL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Wednesday, January 5, 1983, at 7:30 PM.
Special Joint Meeting:
Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Present: Michael J. Smith, Chairman
Albert J. Boro, Commissioner
John Galbraith, Jr., Commissioner
Robert E. Hoffmann, Commissioner
Richard M. Norman, Commissioner
John A. Starkweather, Commissioner
Maynard H. Willms, Commissioner
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney; Anne Moore, Planning Director
220
RE: WORKSHOP ON SECOND UNITS - File 10-13 x 9-2-33
Mayor Mulryan opened the meeting with the remark that the second unit matter is a very sensi-
tive one with regard to the Housing Element. He stated that the impact of second units on
traffic, and the parking of additional vehicles, are factors to be considered.
A slide presentation, "Fitting In", was presented by representatives of the Ecumenical Asso-
ciation for Housing, illustrating how second units can fit into residential as well as business
areas, and showing various types of housing.
Various members of the community expressed their opinions regarding second unit housing, all
of them being in favor of it, and agreeing with the necessity of having controls.
There was concensus with the preliminary staff recommendations for all twelve ordinance
criteria, with the exception of an owner occupancy requirement. There was not a consensus of
opinion on whether a portion of the property should be owner occupied. Additionally, it was
agreed that any limitation on unit size should be based on a percentage of the existing unit
size.
There was agreement that when an ordinance is adopted covering this matter it would be of
necessity be very carefully done so that it would not be too restrictive, but rather would be
attractive to property owners.
It was agreed that staff would prepare a draft of an ordinance and that it would be discussed
at a public hearing so that interested groups and citizens could have input. Planning Director;
Moore stated that there will be a public hearing before the Planning Commission in February
and that the draft would be ready well in advance of the meeting to allow ample time for
homeowners' groups and other organizations to give written comment. In due course of time the
matter will come before the City Council for adoption of a comprehensive ordinance.
i
APPROVED THIS % % DAY OF , 1983
M OR OF I Y OF S RAF L
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Wednesday, January 12, 1983, at 4:30 PM.
Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman
Dorothy L. Breiner, Councilmember/Agency
Member
Fred E. Jensen, Councilmember/Agency
Member
John A. Miskimen, Councilmember/Agency
Member
Absent: Gary R. Frugoli, Councilmember/Agency
Member
Also Present: Robert F. Beyer, City Manager/Executive Director;
Jeanne M. Leoncini, City Clerk/Agency Secretary;
Edmund A. Duggan, City Attorney/Agency Attorney
RE: WORKSHOP RE PROPOSED TRANSPORTATION CENTER IN SAN RAFAEL - File R-81 x SRCC 112-2
Mayor/Agency Chairman Mulryan opened the joint workshop meeting, stating that no decisions
on the Transportation Center will be made at this time, but that the purpose of the meeting is
to discuss the plan as proposed by DMJM, the consultant for the Golden Gate Bridge, Highway
and Transportation District (GGBHTD).
Jerome Kuykendall, Director of Planning and Policy Analysis for GGBHTD, explained that the
plan to be discussed, Working Paper No. 1, Phase III, includes a review of alternate sites.
He introduced James White, Project Manager for DMJM, who stated that the working paper was
prepared to provide the technical basis for the selection of a site for the proposed Trans-
portation Center. Additional site analysis was performed using a set of evaluation criteria
which includes transportation, joint use development and environmental factors. The analysis
identifies three downtown project sites as having the best potential for meeting the multi-
modal transportation requirements.
221
Twenty-one alternative project sites in downtown San Rafael were evaluated. Potential transit
operators - Greyhound, Marin Airporter, Traveler's Transit/Yellow Cab, and Whistlestop Wheels
have continued to show interest in and support for the proposed center.
Joint development, which will include commercial uses, is addressed in the study, since it is
considered essential that there be additional income to reduce the annual operating cost of
the center.
The site being considered as most desirable is bounded by Second and Third Streets, the NWP
Railroad tracks, and Lincoln Avenue, shown as Site 9+16. Also considered was a combination of
9+10+16, which would involve the property bounded by Second, Third and Netherton Streets and
Lincoln Avenue. The third site, designated as 3+7, would take in two out of the three
CalTrans commuter parking lots under the viaduct, which are leased by the City which in turn
rents the spaces to commuters. The consultants felt that this third option was the least
desirable because it would be limited due to the viaduct construction and would not allow for
a large enough area for adjoining commercial development. Therefore, Site 9+16 was felt by
the consultants to be the recommended site for the Transportation Center.
Mayor/Chairman Mulryan asked what percentage of the annual operating cost would be realized
from joint use development, and Mr. White replied that hopefully 100% of the cost could be
realized. Mr. White mentioned that the funding would be a combination of State and Federal
funds.
Councilmember/Agency Member Jensen inquired concerning the area in the vicinity of the North-
western Pacific Railroad property at Rice and DuBois Streets as recommended by the Downtown
Parking District Advisory Committee. Mr. White replied that would require a circuitous bus
route to get the buses back on Highway 101.
Several residents and business owners spoke in favor of San Marin Lumber site on Francisco
Boulevard, or other sites away from the congested area, being considered.
Attorney Fred Peterson presented a financial statement indicating the tax revenue projected
for the business establishments which would be affected by use of Site 9+16, all of which
would have to be relocated if that site receives final approval.
The Council/Agency, after discussing alternative sites, agreed to have the Rice Lane/DuBois
Street site explored, with regard to feasibility, and consideration of the number of indiv-
iduals riding the buses to the terminal and then walking up to the business section of the
City, as well as possible bus routes.
The next Council/Agency meeting was scheduled for Monday, February 7, 1983, at 7:45 PM, for
further discussion of the proposed Transportation Terminal.
MV
;.r 111 11
APPROVED THIS DAY OF4 , 1983
WR E. M AN, Ma—y-o'RAgerty Chairman
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In the Council Chambers of the City of San Rafael, Monday, January 17, 1983, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mul ryan, Mayor
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Also Present: Robert F. Beyer, City Manager; Regina A. Buchanan, Deputy City Clerk;
Stewart Andrew, Assistant City Attorney
CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended
action on the following consent calendar items:
222
Item
1. Approval of Minutes of Special Joint and
Regular Meetings of December 20, 1982,
Regular Meeting of January 3, and
Special Joint Meeting with Planning
Commission of January 5, 1983 (CC)
2. Agreements re: (Fin)
a. Liability Claims Administration
b. Workers' Compensation Claims
Administration
File 4-10-109 x 7-1-31
3. Claim for Damages - Judith Croll (PW) -
File 3-1-739
4. Authorization for County of Marin to
Represent City in Proposition 13 Tax
Litigation (CA) - File 9-3-16
Recommended Action
Approved as submitted.
RESOLUTION NO. 6475 AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/R.L. Kautz & Co., for Liability Claims
Administration - Amendment #1, commencing
at 12:01 AM, 1/4/83, and ending midnight
1/3/84)
RESOLUTION NO. 6476 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/R.L. Kautz & Co., for Workers' Com-
pensation Claims Administration - Amend-
ment #1, effective 12/1/82, termination
by Self Insurer by written notice at
least 60 days prior to date of termin-
ation)
Approved R. L. Kautz & Co. recommendation
for denial of claim.
RESOLUTION NO. 6477 - AUTHORIZING THE
COUNTY OF MARIN TO ACT AS THE AGENT OF
THE CITY TO DEFEND THE CITY OF SAN RAFAEL
IN THE LAWSUIT ENTITLED MARVIN F. POER
AND CO., ET AL, V. COUNTIES, ET AL
AYES: CO UNC I LM EMB ERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner (Only with reference to approval of minutes of
December 20, 1982 meetings)
5. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION; NOTICE OF VIOLATION OF TWO ILLEGALLY
SUBDIVIDED PARCELS; s81-42; FERNWOOD M; FRED GRANGE, OWNER; AP 185-071-18 AND
P - File --22
Mayor Mulryan declared the public hearing opened. He noted a letter from Mr. Grange's counsel,
attorney Jay L. Paxton requesting continuance of the hearing once again, due to Mr. Grange
being on the east coast and unable to be present. Mayor Mulryan remarked on the number of
times the public hearing has been continued in the past.
Attorney Arthur Lusse addressed the Council, informing them that he is the new counsel for Mr.
Grange since last Friday, replacing Mr. Paxton. He stated that this was due to several conflict
of interest questions raised by City Attorney Duggan. Mr. Lusse further informed the Council
that he and attorney Gary Ragghianti will be representing Mr. Grange. Mr. Lusse formally
requested continuance of the hearing to February 7th.
Two residents of Fernwood Way, Terra Lofrano and C. Don Hodgen, both expressed their concern
with the delays in the hearing and asked that the matter be concluded on February 7th.
Mayor Mulryan expressed his dissatisfaction with the many delays, and continued the hearing to
Monday, February 7, 1983 for disposition of the matter.
6. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION; DENIAL OF VARIANCE NO. V82-16, REQUEST
0 RECONSTRUCT GENERAL ADVERTISING B BOA ON HIGHWAY 101 AT SOUTH CITY LIMITS; FOSTER
LEISER, A METROMEDIA COMPANY, REP. P - 77 1 e 3-3-35
Mayor Mulryan declared the public hearing opened. There was no public comment. Mayor Mulryan
then continued the hearing to February 7, 1983, as mutually agreed upon by the City and the
owners of the billboard in question.
7. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 2 BAYVIEW STREET (MUFFIN MANIA)
File --
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi informed the Council that staff is requesting a continuance of
the hearing to February 7, 1983, because a retail use is now being proposed, as opposed to a
strictly wholesale use and, in strict accordance with the law, handicapped access would be
required. Also, this would entail major modifications to the building, which the appellant
does not own. Staff is working with the appellant in an attempt to reach a reasonable solution
which will be within the spirit of the existing law.
223
Mayor Mul ryan conti nued the publ i c heari ng to February 7, 1983.
8. PUBLIC HEARING - REQUEST FOR RATE INCREASE - MARIN SANITARY SERVICE (Fin) - File 4-3-32
Mayor Mulryan declared the public hearing open.
Finance Director Coleman informed the Council that Marin Sanitary Service is requesting a 3%
increase effective February 1, 1983. He pointed out that their last increase was in August,
1981. Mr. Coleman mentioned that when the recycling operation was approved in July of last
year it was agreed that their financial status would be reviewed at the time the Marin Sanitary
Service rates would be considered. It now appears that, although the operation showed a loss
for the nine months through December 1982, the current operations are at a break even level.
Therefore, they are requesting that the $.54 surcharge be continued. Staff recommendation is
that the 3% increase be approved, and that the garbage rates and the recycling fee be reviewed
again in September.
Mr. Coleman added that Las Gallinas Valley Sanitary District has granted an across-the-board 6%
increase in lieu of a 3% increase for garbage and a $.54 recycling fee. He stated that if
Council wishes to approximate the rates currently being charged in Terra Linda they could
freeze the existing residential rates and grant a 6% increase for commercial users.
Councilmember Miskimen asked the relationship of residential to commercial users in the area,
and Guido Zanotti, president of Marin Sanitary Service, replied that the ratio is about 60%
residential to 40% commercial.
Leo Jarvis, CPA who prepared the financial analysis, informed the Council that his clients are
requesting a 5¢ increase on two items: One 30 -Gallon can, level areas, to $5.85 instead of
$5.80 as shown in the new Agreement; and Two 30 -Gallon cans, hill areas, to $10.95 instead of
$10.90 as shown in the new Agreement. These fees are for single family residential pickups.
The balance of requested fees remain as calculated at 3%. Attorney Albert Bianchi, representing
Marin Sanitary Service explained that the reason for the two changes is to make the rates
consistent with Las Gallinas Valley and Ross.
Councilmember Jensen objected, stating that in his estimation the rates being requested would
result in residents living south of Puerto Suello Hill paying more for their service than those
north of the Hill.
Ray Swanson, a resident of the Bret Harte area, urged the Council to take a close look at the
accounting records of Marin Sanitary Service, and try to hold down the increases.
There being no further public input the hearing was closed.
Councilmember B refiner asked Finance Director Coleman what he envisions happening in September,
if the requested increases are granted at this time. Mr. Coleman replied that it is very
likely that by this summer, with the present trend continuing, the $.54 surcharge may be
dropped or lowered. Staff will also look again at the garbage rates.
Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the requested
garbage pickup rates, including the additional 5¢ on the 30 -Gallon cans.
RESOLUTION No. 6478 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(Eleventh Amendment to Agreement with Marin Sanitary Service -
effective February 1, 1983)
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
9. STATUS REPORT ON THE TERRA LINDA BRANCH LIBRARY (Lib) - File 9-3-61
City Manager Beyer informed the Council that after looking at many sites it is the consensus of
staff that the Nova Albion School site is the most favorable, and that with proper signing it
should be very successful.
Councilmember B reiner inquired how much of the cost is to be carried by the City, and Mr. Beyer
informed the Council that the City's share will be $75,000 for three years. Councilmember
Miskimen added that staff should promote the idea with the public, suggesting that Library
Director Stratford and Recreation Director Jauch cooperate on publicity, including a notice in
the Recreation Program.
Council then heard from several residents of the area, recommending the site for approval. One
resident questioned traffic impact, and Planning Director Moore stated that library traffic is
less intense than school traffic so there should be no problem.
After further discussion Councilmember Breiner moved and Councilmember Jensen seconded, to
allow staff to contact the County of Marin and inform them of the Council's recommendation that
Nova Albion School site be used for the Terra Linda Branch Library.
224
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli suggested that Library Director Stratford contact Golden Gate Transit,
with a view to arranging for a bus stop near the site. Councilmember Miskimen asked about the
branch library being open evenings and Mr. Stratford replied the plan is to have it open two
nights per week.
10. REVIEW BY DOWNTOWN PARKING DISTRICT COMMITTEE OF COMMUTER PARKING POLICY FOR LOTS UNDER
VIADUCT - File 11-8 x 4-8-14 x - -
Councilmember Breiner stated she asked that this matter be agendized for discussion. Because
the land under the viaduct belongs to CalTrans the City is limited as to how much can be
charged for parking. Also, rental of the spaces is open to any commuters, not just San Rafael
residents. Mrs. Breiner mentioned that many people keep their space because it is reasonable
to rent, only $10 per month, even though they use the space only one or two days per week,
which means that there is a lot of wasted parking space in an area which does not have much
on -street parking. Since the City now has a Parking Committee it seems very logical for them
to look at it and see if there are ways which it can be structured, whether it is a question of
sites which are unused after 10 o'clock in the morning being freed up for anyone who wants to
park there. It may take some dealing with CalTrans. Mrs. Breiner said she would like the
Council's permission to have staff refer the matter to the Downtown Parking District Advisory
Committee.
Mayor Mul ryan agreed, and instructed staff to refer the matter to the Downtown Parking District
Advisory Committee.
11. CONSIDERATION OF RAISING PROPOSITION 4 LIMITATIONS - File 9-4
Councilmember Breiner informed the Council that she felt the City should establish some kind of
vehicle, or approach, so that if we foresee the necessity for raising the Proposition 4 limit-
ation it could be done in a timely fashion.
Mayor Mulryan agreed, and added that such an action must be taken by a vote of the people, and
asked Finance Director Coleman to keep the Council informed, as far ahead as possible, so a
timely ballot measure and arguments could be put before the voters.
City Manager Beyer stated that at this time he cannot foresee a necessity for such an action
before 1984 or 1985.
12. APPROVAL OF PEACOCK GAP NEIGHBORHOOD PARK MASTER PLAN (Rec) - File 4-3-89
Council heard a presentation from Landscape Architect Brian Wittenkeller describing the plan
for the Peacock Gap Neighborhood Park, with visual aids. The park includes a large open play
area, multi -use play field, two tennis courts, a parcourse, and restroom facility, while the
hillside areas can be used for hiking and jogging. Parking is provided off Biscayne Drive, and
can later be provided off Peacock Drive.
The estimated cost of the project is $900,000, with an estimated $700,000 coming from the park
development fund generated from the nearby developments of residential housing.
Councilmember Jensen inquired about cost of maintenance, and City Manager Beyer informed the
Council it would come to about $50,000 to $60,000 per year. Recreation Director Jauch indicated
he had discussed this with Parks Supervisor Jerry Hyde, and Mr. Hyde had suggested building a
small maintenance area in the vicinity, which could be used for this park and other parks in
the area, thus helping to cut costs by having park equipment at hand.
Mr. Wittenkeller thanked the Council and the Peacock Gap Homeowners' Association for giving him
this opportunity, and Mary Carpou of the Homeowners' Association informed the Council that it
had been a pleasure working with the Park & Recreation Commission and with Mr. Wittenkeller.
RESOLUTION NO. 6479 - APPROVING PEACOCK GAP NEIGHBORHOOD PARK MASTER PLAN
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. FINAL ADOPTION - ORDINANCE NO. 1446 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
CALIFORNIA, ADOPTED BREFERENCE BY SECTION M C A C DE OF SANA A ,
CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U UNCLASSIFIED DISTRICT TO
R- -B-D (20) (MULTIPLE FAMILY RESIDENTIAL. MINIM B I DING SITE AREA, 2.000 SQUARE FEETT AND
r1 ie to -j
225
HARTER ORDINANCE NO. 1446 - Amending the Zoning Map of the City of San Rafael, California,
dopted by Reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so
s to Reclassify Certain Real Property from "U" (Unclassified) District to R -3 -B -D (20) (Mul-
iple Family Residential, Minimum Building Site Area, 2,000 Square Feet) and PCM (Planned
_ommercial and Light Industrial) Districts - End of Bellam Boulevard, was adopted as an Ordin-
ance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Brei ner, Frugol i, Jensen, Mi skimen & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. RECOMMENDATION RE NOTICE OF DISPOSAL OF SURPLUS PROPERTY - SAN RAFAEL SANITATION DISTRICT
TREATMENT PLANT SITE P1 - File 12-7 x 2-7-1
Council reviewed a staff report indicating that the San Rafael Sanitation District has con-
tacted the City with regard to disposal of the main treatment plant site as surplus property.
The City has the right to purchase such property for park or recreation, open space or low and
moderate income housing purposes. The site comprises 2.55 acres.
Mayor Mulryan indicated that the Sanitation District Board is having a meeting on January 19th
to discuss the appraisal of the property in question. Councilmember Jensen suggested that the
Sanitation District sell the property for the highest price, for the best use.
Staff recommended that time be allowed for City staff to contact the County Housing Authority,
non-profit housing sponsors and interested developers to explore the feasibility of affordable
housing on this site, or a combined City/Sanitation District site, since there is City -owned
land adjacent to the treatment plant site.
Council agreed to continue the matter for the March 7, 1983 meeting, to give staff time to
explore the recommended options.
ADD ITEMS
I PROBLEM WITH HERRING BOATS IN SAN RAFAEL CANAL - File 9-3-30
Mayor Mulryan informed the Council that a problem exists with herring boats in the San Rafael
Canal. They are going too fast and breaking down the silt on the sides of the canal.
Police Chief Ingwersen reported that not only the speed of the boats, but the shape of their
hulls, causes the damage. The Police Department is working on obtaining the boat numbers so
necessary action can be taken. Chief Ingwersen will report further on February 7, 1983.
II LAFCo FIELD TRIP TO LUIZ-GRADY RANCH - File 149
Councilmember Breiner announced a Local Agency Formation Commission field trip on Thursday,
February 3rd, to inspect the Luiz -Grady Ranch property, since development has recently been
approved for residential use, and the area will be coming before LAFco for annexation. The
tour will commence at 8:00 AM, with place of departure to be announced.
CLOSED SESSION
The City Council adjourned to closed session to discuss pending litigation. They then recon-
vened in public and agreed to settle Claim 3-1-638, Mary E. Roberts, for $2,340.
K UP !; W ',=
APPROVED THIS tao- DAY OF 1983
47AUR�F E CITY OF SAN-RAFAEL
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