HomeMy WebLinkAboutMinutes 1977-1981 pt. 4223
In the Council Chambers of the City of San Rafael, Tuesday, September 4, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of August 20, 1979 Meeting
Claims for Damages:
a. Travelers Inn - Budson Louie - File 3-1-418
b. Gary Lee - File 3-1-429
c. David Washington - File 3-1-430
Cultural Affairs Commission Recommendation re
Terra Linda High School Exchange Program -
File 9-2-24
Resolution Authorizing City of San Rafael to
Apply for and Accept Grant Funds from the
San Francisco Foundation for Library Program -
Pilo
Correspondence re Traffic Patterns and "Litter
Bond" - File 11-1
Establishment of Accrual Rates (Jim Cunha,
Code Enforcement Officer) - File 7-4
Resolution Authorizing Loan to San Rafael
Redevelopment Agency (Report from Finance
Director) - File 8-5 (R-103)
Resolutions Implementing Planning Commission
Decisions
a. Final Map - 1525 Francisco Blvd. -
File 5-1-254
b. Systems Applications, Inc. - File 10-2
Resolution Approving Extension of City Parks
Maintenance Agreement with the San Rafael
Redevelopment Agency - File 4-16-6 (R-156)
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial of claims.
Approved staff recommendation re City
co -sponsoring w/Terra Linda High School
a welcoming reception for German students,
and waiving Falkirk rental fees for the
reception.
RESOLUTION NO. 5753 - AUTHORIZING CITY
OF SAN RAFAEL TO APPLY FOR AND ACCEPT
GRANT FUNDS FROM THE SAN FRANCISCO
FOUNDATION (For Library Program)
Referred letter from Edward M. Randall
to staff.
Approved staff recommendation re
employee's rate of accrual for vacation
& sick leave being based upon his prior
years' service to City.
RESOLUTION NO. 5754 - LOANING $386,680
TO THE SAN RAFAEL REDEVELOPMENT AGENCY
ADMINISTRATIVE FUND (From Open Space
Fund, rate of interest 4.9%)
RESOLUTION NO. 5757 - APPROVING FINAL
MAP OF CONDOMINIUM SUBDIVISION ENTITLED,
"1525 FRANCISCO BOULEVARD CONDOMINIUM"
RESOLUTION NO. 5758 - REGARDING GENERAL
PLAN INTERPRETATION ON LUCAS VALLEY ROAD
WEST OF LOS GAMOS DRIVE, COUNTY ASSESSOR'S
PARCEL EASTERN PORTION 165-010-80 (Multi -
Use Activity Area)
RESOLUTION NO. 5759 - APPROVING EXTENSION
OF CITY PARKS MAINTENANCE AGREEMENT WITH
THE SAN RAFAEL REDEVELOPMENT AGENCY (Beach
Park & Pickleweed Park - five-year exten-
sion - Beach Park to 8/13/84 & Pickleweed
Park to 10/30/84)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: RESOLUTIONS ESTABLISHING PROPERTY TAX RATES - File 9-12-1
Councilmember Nixon asked Finance Director Coleman to compare this year's tax rate with last year's
and Mr. Coleman explained that last year's tax rate for the City, at 10-1/2¢, was not quite ade-
quate to cover the debt service so the County of Marin recommended the increase to 11¢.
224
RESOLUTION NO. 5755 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1979/80 (For payment of
principal &
interest on general obligation
Open Space Bonds and Terra Linda
Recreation
District bonds assumed by City
of San Rafael - $.07)
AYES:
COUNCILMEMBERS: Breiner, Jensen, Miskimen,
Nixon and Mayor Mulryan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
RESOLUTION
NO. 5756 - FIXING THE RATE OF TAXES FOR FISCAL
YEAR 1979/80 (For payment of
principal &
interest on general obligation
Sewer Bonds, on Open Space Bonds,
and for pay-
ment of principal & interest on
Terra Linda Recreation District
Bonds assumed
by City of San Rafael - January
1, 1973, the sum of - $.11)
AYES:
COUNCILMEMBERS: Breiner, Jensen, Miskimen,
Nixon and Mayor Mulryan
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
RE: PUBLIC
HEARING - PROPOSAL TO RAISE PARKING METER
RATES IN DOWNTOWN SAN RAFAEL - File
11-18
Mayor Mulryan declared the public hearing opened.
During Council discussion as a preliminary to the public hearing, Mayor Mulryan noted that the City
is faced with the problem of funding additional parking structures, and that increasing parking
rates would effectively accomplish this. He also mentioned that in this instance the City is
including a six -minute parking period for one penny, with other rates doubled as well.
Councilmember Nixon inquired about the two-hour parking meters on side streets, which he has been
advocating. City Manager Bielser replied that the present recommended change is only in the rates,
not in the meter times, and that the study is dependent upon the Faustman Study which affects
decisions on where the longer term meters should be. The Time Limits Parking Study will therefore
be coordinated with the Faustman Report.
Irving Chapman, representing the Downtown Study Group, expressed the enthusiastic support of the
group of businessmen and property owners in the Downtown Study Group, for the proposed ordinance
raising the parking meter fees for the purpose of acquiring additional parking.
Ray Swanson urged that when new buildings are approved they include the necessary parking provision
so that shoppers will continue to buy in San Rafael and not go to the outlying shopping centers.
Wm. Remak, a San Rafael merchant, suggested higher rates for all -day parking and maintaining the
present rates, to maintain the turnover in the downtown area.
Morgan Leary recommended three-hour parking at 25¢, and warned that raising parking meter fees
will drive would-be shoppers to the outlying shopping areas.
There being no further public input, the public hearing was closed.
An Ordinance of the City of San Rafael, Amending Sections 5.60.060, 5.60.065, 5.60.068, 5.60.070,
and 5.60.080, Title 5, Chapter 60 of the Municipal Code Pertaining to Rates for Parking Meters, and
numbering Charter Ordinance No. 1345, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Council authorized call for bids to purchase the necessary hardware, using Parking District funds.
RE: PUBLIC HEARING - DESIGNATION OF VICTORIAN VILLAGE AS HISTORIC DISTRICT; 1623 & 1627 FIFTH
AVENUE; VACANT PARCEL "F" STREET; AP 11-194-03/4/5 - File 13-14-2
Mayor Mulryan declared the public hearing opened.
There being no public input, the public hearing was closed.
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Designating Victorian Village as Historic District (AP
11-194-03, 04, & 05), and numbering Charter Ordinance No. 1346, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Planning Director Meador stated that for the record he would like it noted that the Victorian
Village will stand as approved by the Planning Commission, within its discretionary approvals over
the past several months; and that the Planning Commission approval would be the basis for Cultural
Affairs Commission review, in the future.
225
RE: PUBLIC HEARING - DESIGNATION OF PROPERTIES AS QUEEN ANNE BUNGALOW HISTORIC DISTRICT; 1811 &
1817 GRAND AVENUE; AP 11-075-03/4 - File 13-14-2
Mayor Mulryan declard the public hearing opened. There being no public input, the public hearing
was closed.
Planning Director Meador stated that there had been a question regarding location of the properties
in relation to Highway 101, and it was determined that the properties are not within the Caltrans
take area for Highway 101.
Councilmember Miskimen moved and Councilman Jensen seconded, to approve the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
An Ordinance of the City of San Rafael, Designating Queen Anne Bungalows as an Historic District (AP
11-075-03 & 04), and numbering Charter Ordinance No. 1347, was read, introduced and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REQUEST FROM MARGARET TUCKER, SAN RAFAEL MEADOWS IMPROVEMENT ASSOCIATION, TO ADDRESS COUNCIL
CONCERNING EXTENSION OF MERRYDALE ROAD - File 4-10-116
Mayor Mulryan explained that the Council had not made a decision concerning an alternate road to
Highway 101 at the August 20, 1979 meeting, but after hearing from residents of the Los Ranchitos
area the Council had agreed to consider the use of Merrydale Road instead of Los Ranchitos Road as
an alternate.
Council then heard from Margaret Tucker, who presented a petition which she stated contained over
200 signatures, protesting any northbound or southbound extensions of Merrydale Road. Mrs. Tucker
cited the already heavy traffic on Merrydale Road, which the San Rafael Meadows residents feel is
heavy enough without adding to it by putting Merrydale Road through to Northgate.
Council also heard from Emerson Yates, resident of the area for 24 years, who cited the growth of
the area and the attendant growth in traffic loads.
Mayor Mulryan assured the residents that the Council will take their remarks and petition into
account before making any decisions on the matter.
Council then discussed with Planning Director Meador the actions of the Council and staff before
final decisions are made on the traffic study, including the land use overall within the Terra Linda
Valley and the capacity of the roadway systems; public review at Planning Commission level within
the next two or three months; the cost allocation system by developments to help pay for the roadway
systems; and coordinating with the State of California regarding their time tables.
Mr. Meador also mentioned that his department keeps as complete a list as possible of all homeowner
groups, to keep them informed of meetings and hearings on the subject.
Councilmember Jensen remarked that when a decision is made on this subject by the Council, their
first consideration should be for the taxpayers of the City of San Rafael.
Mr. Meador was asked by a member of the audience if there was an EIR required before decisions are
made, and he replied that one could be when specific roadway construction is planned, which will not
be for some time.
RE: REPORT ON POLICE COMMISSION - File 9-2-28
Mayor Mulryan stated he would like the Council to discuss the formation of a Police Commission,
including strength and a defining of their duties.
Councilmember Miskimen replied that he has grave doubts about the formation of another commission
unless one of the present commissions is deleted. He stated that he would consider a combination of
Police and Fire into a Safety Commission.
Councilmember Jensen stated that he would like to see a Police Commission with a very simple struc-
ture similar to the Fire Commission.
Councilmember Breiner stated she would favor four-year terms, with two consecutive terms being
permitted, to allow a certain amount of continuity.
Councilmember Nixon agreed with Councilmember Miskimen on consolidation of the new commission with
the Fire Commission, for a Safety Commission.
Mayor Mulryan and Councilmembers Breiner and Jensen felt that the two commissions should be separate
because of the diversity of their problems.
The Council then discussed whether a Police Commission should have five members and at this time Bob
Buck, representing the Police Officers Association, stated that very few cities the size of San
Rafael have private citizens' police commissions.
226
Council then discussed the various possibilities, such as reducing the size of the Fire ,,ommission,
or abolishing the Fire Commission and givcing the commissioners an opportunity to apply for the
Police Commission. Fire Commissioner Clifford Elbing informed the Council that he and most of the
Fire Commission would be interested in a consolidated commission.
Sil Bianchini, of the Canal area, gave his views on the responsibilities of a police commission,
which were to have the commission become involved in the administration of the Police Department.
The Council did not agree with this approach.
Police Chief Benaderet stated that he will cooperate to the fullest with any decision the Council
makes on the formation of a Police Commission.
After further discussion Councilmember Breiner moved and Councilmember Jensen seconded, to create a
separate Police Commission, with details of such a commission to be further reviewed by the Police
Department, Police Officers Association, citizens and staff, and that a draft ordinance be brought
before the Council.
Councilmember Nixon offered a substitute motion, seconded by Councilmember Miskimen, that the
Council agree in concept to a joint Safety Commission.
AYES: COUNCILMEMBERS: Miskimen and Nixon
NOES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan
ABSENT: COUNCILMEMBERS: None
Motion failed.
The Council then voted on the initial motion of Councilmember Breiner, as follows:
AYES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen and Nixon
ABSENT: COUNCILMEMBERS: None
RE: HIGHWAY 101 - LUCAS VALLEY ROAD INTERCHANGE - PROPOSED NORTHBOUND ON-RAMP - File 4-8-20
Council accepted a staff report that Caltrans has notified the City that the offer by Xmith Ranch
Road Assessment District to pay construction cost of a new Northbound On -Ramp at Lucas Valley Road
has been accepted and the project approved by Caltrans Headquarters. Engineering design will be
done by Caltrans, with construction engineering costs probably to be the responsibility of the City.
The report further stated that Caltrans has indicated they may be able to get the project out for
bidding in late Summer of 1980 or early Spring of 1981.
RE: APPOINTMENTS TO SAN RAFAEL MOBILE HOME ADVISORY COMMITTEE - File 9-2-29 x 13-7-1
Council agreed the staff should advertise for the fifth party member of the advisory committee, who
would be unbiased and independent. This member is to be selected by the City Council.
Council then appointed Councilmember Nixon as the City's liaison to the San Rafael Mobile Home
Advisory Committee.
RE: PROGRESS REPORT ON NEGOTIATIONS RE REGIONAL SEWER TREATMENT PLANT - File 12-7
Mayor Mulryan reported that he had met with -the San Quentin Warden and Jerry Enomoto, Director
of the State Prison System, but they could hold no hope of encouragement for the San Quentin site as
a treatment plant since they are conducting a study on prison expansion and the results will not be
known until at least the middle of next year. The State has also informed Mayor Mulryan that the
other locations being looked at for a plant would not be fundable.
After further discussion Councilmember Breiner moved and Councilmember Miskimen seconded, that
Council reluctantly supports the Andersen Drive site for construction of the Regional Sewer Treatment
Plant and requests the Sanitation Board to proceed with the necessary actions, and press for exten-
sion of Andersen Drive as shown in the General Plan.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
Planning Director Meador mentioned the possibility of an alternate to the Marin Bay Treatment Plant,
citing as one complaint the fact that residents of Peacock Gap area have objected to the use of
effluent to water the golf course. The Council agreed to discuss the matter at the meeting of
September 17, 1979.
RE: OFF -HOURS EMERGENCY SANITARY SEWER SERVICE - File 9-3-40
Council considered a staff study on the proposed procedure for off -hours emergency sanitary sewer
maintenance service by Roto -Rooter, for the main lines in easements or public right-of-way.
Councilmember Jensen moved and Councilmember Miskimen seconded, to enter into the service with
Roto -Rooter for a 90 -day trial period.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
227
RE: ADMISSION DAY - File 9-1-2 x 7-4 (Verbal)
Council heard a verbal staff report, asking for a ruling on the Admission Day holiday. Due to the
fact that Management and Confidential personnel have reached agreement with the City in their salary
negotiations, Admission Day is to be treated as a floating holiday and therefore there is a question
as to whether they should work on Admission Day with the City Hall closed. The miscellaneous
personnel who are affected by the MAPE negotiations do not come under this regulation since they
have not accepted the City's proposal.
After discussion Councilmember Breiner moved and Councilmember Nixon seconded, that Management and
Confidential personnel will work on Monday, September 10, 1979, and that the City Hall will be
closed to the public on that day.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: RECOMMENDATIONS FOR REPLACEMENT OF VARIOUS VEHICLES - File 9-1-2 x 9-3-40 x 9-3-30
Council considered a staff report on replacement of vehicles, with two recommendations: 1) That
City Council adopt a policy that City vehicles, excluding police patrol and undercover cars, be
replaced every ten years or 100,000 miles; and, 2) That City Concil authorize staff to call for bids
to replace the vehicles coming under the mentioned categories, and to dispose of the vehicles they
replace either by sealed bid or auction.
After discussion, during which the Council agreed that a flat policy as recommended in #1 might be
too mandatory and result in disposing of cars which were still in excellent condition, Councilmember
Nixon moved and Councilmember Breiner seconded, to adopt recommendation No. 1 as a "general" policy.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Miskimen then moved and Councilmember Breiner seconded, to approve recommendation
No. 2, with regard to calling for bids and disposing of the surplus vehicles.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM:
RE: LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE - File 9-11-1
Councilmember Miskimen moved and Councilmember Breiner seconded, to designate Mayor Mulryan as the
voting delegate from the City of San Rafael at the League of California Cities Conference in San
Francisco on September 22 through 25, 1979.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: EXECUTIVE SESSION
The City Council adjourned to Executive Session to discuss property acquisition and employee
negotiations.
E N M. LEONCINI, City Clerk
APPROVED THIS 1�DAY OF 1979
MAYOR OF THE CITY OF AN RAFALL
In the Council Chambers of the City of San Rafael, Monday, September 17, 1979, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
John A. Miskimen, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended action
on the following consent calendar items:
Item
Approval of Minutes of September 4, 1979 Meeting
Renewal of County Radio Maintenance Agreement -
Pilc d-11-1
Police Patrol Boat Contract Renewal - File 4-10-72
Contractual Agreement with Judith Simone for
Dance Instruction - File 4-10-111
Contractual Agreement with Jean & Lon Ferrell for
American Round Dance Class - File 4-10-111
Resolution Authorizing the Formulation of a Trust
Fund for the Intent to Restore, Rehabilitate and
Furnish the Falkirk Community Cultural Center -
File 8-19
Agreement Between City of San Rafael and San
Rafael Pop Warner Football Club re Rental of
Storage Space at Albert Park - File 4-10-127
Contractual Agreement with North Bay Opera
Association for their Performance of
"The Student Prince" - File 4-10-128
Proposed Police Commission - File 9-2-28
Resolution Authorizing Redevelopment Agency to Use
83 Units of Elderly Housing - File 177 (R-51)
Report on High School Field Appropriation -
Pilc d -7-1d
Recommended Action
Approved as submitted.
RESOLUTION NO. 5760 - AUTHORIZING THE
SIGNING OF A LEASE OR AGREEMENT (w/County
of Marin; hourly charge $24.04, preventive
maint. once a year, or less, at discretion
of County Chief of Electronics Maintenance)
RESOLUTION NO. 5761 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/State of Calif., DNOD, extending con-
tract for 10 years, w/amendment re City
patrol during peak boating periods & being
available for search & rescue operations)
RESOLUTION NO. 5762 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/Judith Simone, for instruction of modern,
jazz & disco dancing for Teen Program)
RESOLUTION NO. 5763 - AUTHORIZING THE SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Jean &
Lon Ferrell for American Round Dance Class)
RESOLUTION NO. 5764 - REGARDING CONDITIONS
OF AND EXPENDITURES FROM THE J. HAROLD
DOLLAR, JR., MEMORIAL TRUST FUND
RESOLUTION NO. 5765 - AUTHORIZING THE SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/SR Pop
Warner Football Club, $25/Mo. for rental of
storage space for football gear, under
bleachers in Albert Park stadium complex -
7/1/79 - 7/1/80)
RESOLUTION NO. 5766 - AUTHORIZING THE SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/North
Bay Opera Assn., for Performances)
Continued to meeting of October 1, 1979
RESOLUTION NO. 5767 - AUTHORIZING THE
UTILIZATION OF 83 LOW AND MODERATE INCOME
SENIOR CITIZEN HOUSING UNITS TO THE SAN
RAFAEL REDEVELOPMENT AGENCY (San Rafael
Commons, Fourth & Union Streets)
Accepted report that School District
requests that the $50,000 appropriation
be kept alive for another year to allow
District to raise matching funds.
Approved request.
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
209
RE: ACCEPTANCE OF $5,400 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO INSTALL A PARCOURSE AT
PICKLEWEED PARK - File 9-3-65 x 4-13-38
Council reviewed a staff report stating that there is $5,400 remaining in the Community Development
Block Grant Funds awarded to the School District for the Parcourse project. It will cost approxi-
mately $6,700 in materials to install 18 stations, with all labor costs being absorbed by City
crews. In order to keep within the $5,400, staff recommended that the City purchase all of the
necessary lumber and hardware for the 18 stations, but only install 9 stations at this time. The
other 9 stations would be installed at a later date, possibly from funds raised by local service
organizations, in the amount of $1,300.
Staff also recommended that the Council recommend to the Board of Supervisors that the $5,400
previously awarded for a Parcours at Bahia Vista be transferred to the City of San Rafael, and that
the Parcourse be installed on the Pickleweed Park site and adjacent areas.
After discussion, Council continued the item to the meeting of October 1, 1979, to allow time for a
recommendation from the Parks and Recreation Commission, and for staff to obtain information on the
advisability of adding the 9 additional stations at this time for the additional $1,300, and to pro-
vide suggestions for additional funding. Staff to ask Canal Community Council to consider using
$1,300 of the $3,000 set aside for expansion of Pickleweek Park.
RE: PUBLIC HEARING - REZONING (Z79-16) 13 WOODLAND AVENUE, AP 13-161-25, FROM: R-3 (MULTIPLE
FOMTI V DPCTnFNTTA1 nTCTDTr'T Tn- M 7wr78vv rnmmT:DrTAI P. MahIIIG'ArTIIDTN1r_ nT(ZTDTrT. TNITTTATCn ❑v
UUZ)LVN t HKA1v1UU,l, KLI'KLJLIV 1 LU [iT KUbtK I tKLUNU - I-1 Ie lU-.j
Acting Mayor Jensen declared the public hearing opened. There being no public input, the public
hearing was closed.
Councilmember Miskimen moved and Councilmember Breiner seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
An Ordinance of the City of San Rafael, Amending the Zoning Map, Adopted by Reference by Section
14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from R-3 (Multiple Family
Residential) District to M (Heavy Commercial and Manufacturing) District (13 Woodland Avenue), and
numbering Charter Ordinance No. 1348, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: PUBLIC HEARING - REZONING (Z79-17) LODGE LANE, AP 12-221-09, FROM: R -3 -GN (GARDEN APARTMENTS &
COMBINED N) DISTRICT, TO: P -D (PLANNED DEVELOPMENT) DISTRICT; INITIATED BY 20TH CENTURY HOMES,
- File
Acting Mayor Jensen declared the public hearng opened.
Planning Director Meador informed the Council that within the context of the Gerstle Park Neighbor-
hood Plan, this area was rezoned to R-3 Garden Apartments - Nonconforming. This old description,
subject to design review, could have permitted 16 units on this piece of property. The applicant,
20th Century Homes, has submitted an application to change the zoning to Planned Development Dis-
trict, and construct a 9 -unit condominium townhouse project. The Planning Commission unanimously
passed the Design Review, and recommended that the zoning classification be presented to the City
Council for their approval. The Gerstle Park Neighborhood Association made several comments to the
Planning Commission, regarding the height of units 4 and 5, and the plans for the recreational
facility. Their comments were incorporated into the Planning Commission's recommendations.
Council heard from Robert Eklund, representing 20th Century Homes, who stated that they have modified
the height of units 4 and 5 by approximately 12 feet, by split elevations. With regard to the
recreational facility, Mr. Eklund reported that the developer is in total agreement with the modifi-
cation to a passive recreation area, deleting volleyball facilities.
Council then heard from Hugo Landecker, vice president of the Gerstle Park Neighborhood Association,
who stated that his association is not entirely satisfied with the plan and asked the Council for
further modification of units 4 and 5 which still appear to be massive.
Mrs. Davina Kosh, whose residence on Grove Street is across from the rear of the development, also
expressed concern about the effect of units 4 and 5 on the area, and asked that the landscaping be
kept low enough so 'that all of the afternoon sun is not cut off from her property.
After discussion, the Council agreed to add one other condition, which will read: "The applicant
shall try to preserve all existing land covering, shrubs and trees, wherever and whenever possible,
during the construction phase. In the event that existing landscaping would be removed, the Planning
Department may request its replacement prior to the occupancy of the units."
Councilmember Miskimen moved and Councilmember Breiner seconded, to certify the Negative Declaration.
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
230
An Ordinance of the City of San Rafael, Amending the Zoning Map, Adopted by Reference by
Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from
R -3 -GN (Garden Apartments and Combined N) District, to P -D (Planned Development) District (Lodge
Lane), and numbering Charter Ordinance No. 1349, was read, introduced and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: REPORT ON PARKING LIMITS - DOWNTOWN AREA - File 11-8 x 11-18 (R-124)
Item continued to meeting of October 1, 1979, so full Council can be present. Meanwhile, staff has
requested that the Council give their reaction to the suggestions and recommendations in the report.
RE: REPORT ON BID OPENING, STREET RECONSTRUCTION - CANAL STREET - File 4-1-289
RESOLUTION NO. 5768 - RESOLUTION OF AWARD OF CONTRUCT (To Ghilotti Bros., Inc., Street Reconstruction -
Canal Street, $89,050 bid amount)
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: REPORT ON BID OPENING, PARAMEDIC AMBULANCE - File 4-2-141 x 9-3-31
RESOLUTION NO. 5769 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE PURCHASE OF ONE
AMBULANCE FOR PARAMEDIC OPERATIONS UTILIZING EQUIPMENT REPLACEMENT FUNDS
(Stoner Ambulance Manufacturing Company, for 1979 Ford 9400, bid amount
$25,307.81)
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: REQUEST FOR EXTENSION TO COMPLETE HANDICAPPED ACCESS FACILITIES - 36 PROFESSIONAL CENTER
PARKWAY - File 4-10-125
Council considered a staff recommendation, based on a request from the owners of 36 Professional
Center Parkway for a six-month extension of their agreement and bond in connection with construction
of a handicapped access ramp to their building. The request is based upon pending State legislation
regarding a requirement for small private buildings to have handicapped access. Public hearings on
the subject are to be held in September and October of this year. The State is taking into consider-
ation the amount of use which a handicapped ramp will receive in relation to its expense, with
respect to the nature of this particular type of building. Owners are hoping for a change in the
requirement.
After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to approve a six-
month extension to the agreement and bond for the handicapped access facilities at 36 Professional
Center Parkway (to March 1, 1980).
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: FINAL ADOPTION - ORDINANCE NO. 1345 - AMENDING SECTIONS 5.60.060, 5.60.065, 5.60.068, 5.60.070,
and 5.60.080, TITLE 5, CHAPTER 60 OF THE MUNICIPAL CODE PERTAINING TO RATES FOR PARKING METERS -
Filo 11-1R
CHARTER ORDINANCE NO. 1345 - An Ordinance of the City of San Rafael, Amending Sections 5.60.060,
5.60.0-65, 5.60.070, and 5.60.080, Title 5, Chapter 60 of the Municipal Code Pertaining to Rates for
Parking Meters, was adopted as an Ordinance of the City of San Rafael by the following vote, to
wit.
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: FINAL ADOPTION - ORDINANCE NO. 1346 - DESIGNATING VICTORIAN VILLAGE AS HISTORIC DISTRICT AP
11-194-03, 04 & 05 - File 13-14-2
CHARTER ORDINANCE NO. 1346 - An Ordinance of the City of San Rafael Disignating Victorian Village
as Historic District (AP 11-194-03, 04 & 05) (1623 & 1627 Fifth Avenue, & Vacant Parcel "F" St.),
was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
231
RE: FINAL ADOPTION - ORDINANCE NO. 1347 - DESIGNATING QUEEN ANNE BUNGALOWS AS AN HISTORIC DISTRICT
AP 11-075 03 & 04 - File 13-14-2
CHARTER ORDINANCE NO. 1347 - An Ordinance of the City of San Rafael Designating Queen Anne Bungalows
as an Historic District (AP 11-075-03 & 04) (1811 & 1817 Grand Avenue), was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: COMMUNICATION RE NONSMOKERS' ORDINANCE - File 13-4
Item continued to meeting of October 1, 1979, for full Council to be present.
Councilmember Breiner moved and Councilmember Miskimen seconded, that Ordinance No. 1344 will not be
enforced until after the meeting on October 1, 1979. Ordinance had been finally adopted on August 20,
1979, and was to have been in full force and effect thirty days thereafter.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: REQUEST FOR ACCEPTANCE OF LATE FILING OF APPEAL OF PLANNING COMMISSION DENIAL, ED79-21 - SECOND
FLOOR ADDITION TO COMMERCIAL BUILDING; 4140 REDWOOD HIGHWAY; GIDEON SOROKIN, OWNER; ED DULIN, REP.;
AP 155-074-01; CEQA: Neg. Dec. - File 10-2
Council heard from Dr. George Walters, who rents the Northgate Animal Hospital property from
Dr. Sorokin. He stated that the space created by a second floor addition would not only be for
storage for the Woodstock business, but for a private office and better operating facilities for
him. His space would require about 700 to 1,000 square feet. Dr. Walters explained that Dr. Sorokin
was absent from the meeting due to a family emergency.
Council then heard from Planning Director Meador, who recommended that the appeal not be heard,
citing the fact that the application for the construction was unanimously denied by the Planning
Commission on June 26, 1979. This was shortly after Dr. Sorokin had left the country, and he had
left no direction or authorization for his representative to file an appeal. Also, the applicant
has restriped the lot without City approval, which resulted in a parking layout far below the City's
standards. This is regarded as an indication of inaccuracy of the plans which were submitted for
review, and the intensity of the overdevelopment of the site.
Acting Mayor Jensen pointed out that if the late filing of the appeal is denied, Dr. Sorokin may
still reappear before the Planning Commission in three months with revised plans.
Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the request for hearing
of the late appeal.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: COMMUNICATION RE PITT BULL ORDINANCE - File 13-3
Council reviewed two letters from Henry B. Nathan, stating he had been bitten by a Pitt Bulldog,
and requesting that the City pass an ordinance requiring that all Pitt Bulldogs be muzzled.
Council agreed that the item should be referred to the Marin County Humane Society.
RE: DISCUSSION OF REQUEST BY RICHARD FARRELL RE PROCESSING OF HIS APPLICATION AT SITE DESIGNATED
FOR REGIONAL SEWER TREATMENT PLANT - File 12-7
Council considered a staff report indicating that the owner of the property which is under condemna-
tion by Sanitary District No. 1 for acquisition for a Regional Sewer Treatment Plant, has asked for
rezoning of the property and a tentative map approval from the City.
In a joint memorandum from Assistant City Attorney Bullard and Planning Director Meador, the Council
was informed that according to State Law governing condemnation activities, Mr. Farrell's property
is valued at the date the condemnation action was filed. Any changes to the property, including
improvements or development approvals, will not alter the valuation unless the matter is not brought
to trial within one year of the date of the filing of the action. Mr. Farrell's property would
presently be appraised as undeveloped land and would remain so at trial unless the condemnors fail
to bring this case to trial within the one-year period. Staff has not discovered any legal impedi-
ments or prohibitions in processing the application; however, they do feel that the processing for
the project should be completed within one year from the date the action was filed to avoid the
appearance by the City of attempting to sabotage or hinder the development of the proposed Treatment
Plant.
Council, after discussion, approved the continued processing of the project, with two conditions:
1) That complete permit approval processing be finished within one year from date the eminent domain
action was filed; and, 2) That staff keep the Regional Water Quality Control Board informed of the
progress of the project.
232
ADD ITEM:
APPROPRIATION OF WAGES FOR TEMPORARY EMPLOYEE - File 7-4
Councilmember Breiner moved and Councilmember Miskimen seconded, to ratify the action taken previ-
ously in appropriating funds to pay wages for temporary employee Sanford Paganucci, for Clerk
duties in the Office of the City Attorney.
AYES: COUNCILMEMBERS: Breiner, Miskimen and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Nixon and Mayor Mulryan
RE: EXECUTIVE SESSION
The City Council adjourned to Executive Session to discuss employee negfotiations.
APPROVED THIS t it DAY OF 0 c*-4� 1979.
*** *** *** *** *** *** *** ***
In Room 201 in the City Hall of the City of San Rafael, Thursday, September 20, 1979, at 6:00 PM.
Special Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Others Present: William J. Bielser, City Manager; William T. Bullard, Jr., Assistant
City Attorney; Jeanne M. Leoncini, City Clerk
RE: DESIGNATION OF CONFIDENTIAL EMPLOYEES AND SETTING OF SALARY RANGES, FOR SECRETARY TO CITY
ATTORNEY AND ACCOUNTANT - FINANCE DEPARTMENT - File 7-3
The City's labor negotiator, attorney Gary Ragghianti, presented the Council with three proposed
resolutions for adoption:
The first resolution is to comply with the Marin County Superior Court Order, issued on September
14, 1979, granting a preliminary injunction against the City, as requested by Marin Association of
Public Employees (MAPE), rescinding application of Resolution No. 5739 which designated Secretary
(City Attorney) and Accountant (Finance) as "Confidential Employees" (among others), and Resolution
No. 5740 which created and implemented new salary ranges and benefits for these two job descriptions
(among others); such order based on the fact that the City had not consulted with MAPE in good
faith on these two positions.
The second resolution redesignates the above two positions as Confidential Employees, based on the
fact that the City has, subsequent to the Court Order on September 14, 1979, discharged its obliga-
tion to consult with MAPE in good faith, MAPE representatives having stated there exists no question
or contest as to the confidential nature of these two positions.
The third resolution again creates and implements new salary ranges and benefits for the two job
descriptions, Secretary (City Attorney) and Accountant (Finance), through June 30, 1982.
RESOLUTION NO. 5770 - RESOLUTION OF THE CITY COUNCIL RESCINDING THOSE PORTIONS OF RESOLUTIONS 5739
AND 5740, APPLICABLE TO CERTAIN WITHIN NAMED JOB DESCRIPTIONS (Secretary -City
Attorney & Accountant -Finance)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 5771 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DESIGNATING CONFI-
DENTIAL EMPLOYEES (Secretary -City Attorney & Accountant -Finance)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
233
RESOLUTION NO. 5772 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION
NO. 5621 PERTINENT TO THE COMPENSATION OF CERTAIN WITHIN LISTED CONFIDENTIAL
EMPLOYEES (Secretary -City Attorney & Accountant -Finance)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to their next regular meeting on October 1, 1979.
J M. LEONCIN , City Clerk
APPROVED THIS DAY OF C) � , 1979
JAN KArAtL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 1, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Others Present: William J. Bielser, City Manager; Edmund A. Duggan, City Attorney
RE: REPORT ON FACT FINDING AND MEDIATION, MISCELLANEOUS EMPLOYEES BARGAINING UNIT - File 7-3 x 7-4
The City's labor negotiator, attorney Gary Ragghianti, informed the Council that a settlement has
been reached with the Marin Association of Public Employees (MAPE) and that a Memorandum of Under-
standing has been signed. The highlights of the agreement are: Commencing this date, October 1,
1979, the miscellaneous employees will receive an 8.5% pay increase. On July 1, 1980, they will re-
ceive a 6% increase, and on July 1, 1981, an additional 6% increase. The MOU indicated that MAPE
also accepted the Personnel Rules and Regulations as revised.
RESOLUTION NO. 5773 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION
NO. 5134 AND APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL
AND MARIN ASSOCIATION OF PUBLIC EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 5774 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION
NO. 5621 PERTAINING TO THE COMPENSATION FOR MISCELLANEOUS EMPLOYEES
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item Recommended Action
Approval of Minutes of September 17, 1979 Meeting
Agreement with San Rafael School District re
Usage of Short School for Day Car Center -
File 4-7-12
Report of Audit for the City of San Rafael,
1978/79 - File 8-1
Approval of Final Map - Piombo Industrial
Subdivision - File 5-1-255
Approved as submitted.
RESOLUTION NO. 5775 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/SR School District re Usage of Short
School for Day Care Center, 9/1/79 -
9/1/80, Mon. - Fri., 11 AM - 6:15 PM)
Accepted report.
RESOLUTION NO. 5776 - APPROVING FINAL MAP
OF SUBDIVISION ENTITLED, "PIOMBO INDUSTRIAL
SUBDIVISION" (Will eventually link Kerner
Blvd. to Francisco Blvd.)
234
Request for Use of City -owned Land to Make Slide
Repair on Adjacent Private Property (57 Grace -
land Dr.) - File 9-3-40
Approved staff recommendation, including
Hold Harmless Agreement, to protect City.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Councilmember Nixon and Mayor Mulryan abstained only with regard to
the minutes of the September 17, 1979 meeting.
RE: PUBLIC HEARING - REZONING (Z79-13) - 1650 LOS GAMOS DRIVE, FROM: PUD-AP&AP (PLANNED UNIT DE-
VELOPMENT -ADMINISTRATIVE PROFESSIONAL & ADMINISTRATIVE PROFESSIONAL) DISTRICT, TO: P -D PLANNED
DEVELOPMENT DISTRICT; COUNTY AP 165-010-16, 45, 47, 50, 51, 52 & 53; INITIATED BY FIREMAN'S FUND
INSURANCE COMPANIES, REPRESENTED BY JOHN LoPINTO - File 10-3
Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing
was declared closed.
An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, Cali-
fornia, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain
Real Property from PUD-AP&AP (Planned Unit Development -Administrative Professional and Administra-
tive Professional) Districts, to P -D (Planned Development) District, and numbering Charter Ordinance
No. 1350, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: REPORT BY SENATOR BARRY KEENE REGARDING ACTIVITIES IN SACRAMENTO - File 9-3-40 x 155
Council heard a report from Senator Keene, in which he stated that since there are three more months
until the legislature reconvenes, he would like input from the City on items he can assist us on in
Sacramento. He stated he realized the importance of HOV lanes, and the congestion problems on High-
way 101. Councilmember Breiner asked his support when the Bottle Bill comes up the first of the
year, and he promised to do so. Mayor Mulryan asked Senator Keene's assistance in defining the
cities' role when AB 8 is implemented, regarding annexations, and he stated he will try to obtain a
clarification. Senator Keene again urged that the City contact him at any time he can be of assis-
tance.
RE: CONTINUED DISCUSSION OF SMOKERS' RIGHTS ORDINANCE - File 13-4
Council considered a request from a large number of restaurant owners and operators that the por-
tions of Ordinance No. 1344 pertaining to nonsmoking areas in restaurants be modified. Staff re-
ported that a meeting had been held with restaurant owners and operators, and the following modifi-
cations had been mutually agreed upon, subject to the approval of the City Council:
1. Section 8.14.030(h): The requirement of 20% of the seating capacity to be deleted and replaced
with provisions allowing restaurant owners to designate a nonsmoking section of a size to be deter-
mined by the owner/operator with a sign posted at the entrance to alert customers that seating for
nonsmokers is available upon request. Restaurants qualifying under Sec. 8.14.070 of this Ordinance
(Ventilation Provisions), will be excepted from providing "no smoking" areas.
2. Section 8.14.070(b): Delete the phrase "restaurants as regulated in 8.04.030(h)" so that res-
taurants that have qualifying ventilating systems will be excepted from the Ordinance.
An Ordinance of the City of San Rafael Amending Chapter 8.14 of the San Rafael Municipal Code
"Smoking Prohibited in Certain Public Areas", and numbering Charter Ordinance No. 1351, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Council agreed to hold a hearing in six months, to evaluate the revision in the regulations re-
garding nonsmoking areas in restaurants.
RE: CONTINUED DISCUSSION OF FORMATION OF POLICE COMMISSION - File 9-2-28
The Council discussed the proposed draft of an Ordinance regarding the formation of a Police Advis-
ory Commission, and agreed that its purpose should be in connection with policies, procedures and
programs, and not any type of investigations regarding individuals. Certain wording within the
proposed Ordinance was amended to reflect the Council's views on the matter.
An Ordinance of the City of San Rafael, Amending Chapter 2.16, Boards and Commissions, of the San
Rafael Municipal Code by Adding New Sections 2.16.030 et seq., Police Advisory Commission, and num-
bering Charter Ordinance No. 1352, was read, introduced and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan
NOES: COUNCILMEMBERS: Miskimen and Nixon
ABSENT: COUNCILMEMBERS: None
235
Councilmembers Nixon moved and Councilmember Miskimen seconded, that the matter of the Police Ad-
visory Commission be brought back before the Council in twelve months, and that the Commission at
that time submit a report to the Council. The Council will then evaluate and determine the future
of the Commission.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: DISCUSSION OF HEARING ON PROPOSED CEASE & DESIST ORDER - File 12-7
Council considered a staff report, indicating that the California Regional Water Quality Control
Board has noticed the City for a hearing at 1:00 PM October 8, 1979, to consider the issuance of a
cease and desist order prohibiting or restricting additional sewer discharge from the treatment
plant in San Rafael.
In the meanwhile, the Council considered an opinion from Assistant City Attorney Bullard that Cali-
fornia Administrative Law provides that projects under construction, or with the benefit of a build-
ing permit already issued at the time of such a hearing notice, shall be excluded from any such
prohibition or restriction. This would mean that any building permit issued since the date of
notice receipt, September 24, 1979, is subject to prohibition or restrictions levied by the Board.
Public Works Director Caillouette informed the Council that his estimate on construction of the ex-
tension of Andersen Drive to Sir Francis Drake Boulevard has been revised downward, to approximately
$450,000. The Council thought this might be a factor in discussions with the Water Quality Control
Board regarding the extension of Andersen Drive.
(Councilmember Jensen left meeting)
RE: REPORT ON PARKING LIMITS - DOWNTOWN AREA - File 11-8 x 11-18
The study is to be referred to the Chamber of Commerce and the Downtown Study Group, and brought
back to the Council with their comments on October 15, 1979. The report covers a proposed change
of 87 one-hour meters to two-hour meters, throughout the downtown area, from Tamalpais Avenue to "D"
Street.
RE: REPORT ON APPLICATIONS - BOARD OF REVIEW - File 9-2-12
Councilmember Miskimen moved and Councilmember Nixon seconded, to appoint Fred F. Enemark to the
Board of Review, for a six-year term to fill an existing vacancy, through September 30, 1985.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
Council then agreed to advertise for the third seat on the Board of Review, which is vacant at pre-
sent.
RE: AWARD OF CONTRACT TO PLANNING CONSULTANT RE PREPARATION OF NEIGHBORHOODS 13 AND 14 PLAN Sun
Valley/Fairhills - File 4-3-75 x 178
RESOLUTION NO. 5777 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Larry Seeman &
Associates, Inc., for Preparation of Neighborhood Plan for Sun Valley/Fair-
hills - Not to exceed $17,000)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
Council agreed to hold a public hearing at their October 15, 1979 meeting on the staff recommenda-
tion that Urgency Ordinance No. 1339 be extended an additional eight months, so that the moratorium
on development in the areas in question could continue until completion of the Neighborhood Plan.
RE: REPORT ON MEETING WITH MARIN MUNICIPAL WATER DISTRICT - File 151
Mayor Mulryan reported that he has asked for a meeting of MMWD and Peacock Gap Homeowners regard-
ing the use of gray water on the Peacock Gap golf course, including a discussion of the purity of
the water and whether it imposes a health hazard.
City Manager Bielser reported he is working on a plan with MMWD for a more equitable program of
credit for abandoned meters on property owned by the City/Redevelopment Agency.
RE: FINAL ADOPTION - ORDINANCE NO. 1348 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CER-
TAIN REAL PROPERTY FROM R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT TOM HEAVY COMMERCIAL & MANU-
FACTURING DISTRICT 13 Woodland Avenue - File 10-3
Charter Ordinance No. 1348 - Amending the Zoning Map of the City of San Rafael, California, Adopted
by Reference by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property
from R-3 (Multiple Family Residential) District to M (Heavy Commercial & Manufacturing) District
(13 Woodland Avenue), was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
(Councilmember Miskimen left meeting)
236
RE: FINAL ADOPTION - ORDINANCE NO. 1349 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALI-
FORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE SO AS TO RECLAS-
CTFY f FRTATN RFAI PpnpFRTY POR R -1 -PN MTOFN APARTMFNTC R rnmRTmPn mi nTCTRTrT Tn P -n1 fpiammpn
- riie lu-
Charter Ordinance No. 1349 - Amending the Zoning Map of the City of San Rafael, California, Adopted
by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real
Property from R -3 -GN (Garden Apartments & Combined N) District to P -D (Planned Development) District
(Lodge Lane), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Miskimen
RE: REPORT ON POLICE COMMUNITY RELATIONS PROGRAM - File 9-3-30
Council considered a request from the Police Department's Community Relations Unit, outlining their
plans for an anti -shoplifting film to be produced and presented to high school youth, and requesting
permission to solicit funds from the community in the amount of $3,500 to fund the project.
Police Sergeant Bill Hool then presented a brief puppet show on fire safety, to demonstrate to the
Council the type of puppet shows presented before elementary school children, not only to instruct
them in various safety programs, but to have them familiar with the Police force as friends within
the community.
Councilmember Nixon moved and Councilmember Breiner seconded, to permit the Community Relations
Unit to solicit funds from the community to reach the proposed budget of $3,500 for the anti -shop-
lifting film.
AYES: COUNCILMEMBERS: Breiner, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Miskimen
RE: PROPOSED CITY COUNCIL POLICY RE APPOINTMENTS TO BOARDS AND COMMISSIONS - File 9-1-2
Councilmember Breiner presented a proposed City Council policy and procedure regarding appointments
and reappointments to boards and commissions. In the proposed procedure, the City Clerk will main-
tain a Central Registry of Appointive Offices to be available to the general public, making an-
nouncements of vacancies within set time limits, and receiving applications for openings.
Councilmember Breiner moved and Councilmember Nixon seconded, to adopt the proposed procedure, and
to reaffirm the Council's policy on appointments and reappointments to boards and commissions where-
by it will take three votes for appointment or reappointment to boards and commissions except that
in the instance of the Planning Commission there must be a full Council or consent from absent
members.
AYES: COUNCILMEMBERS: Breiner, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Miskimen
(CouncilmeiTlber Miskimen returned)
RE: ORDINANCE TO ADOPT ADDITIONAL COUNTY ANIMAL CONTROL CODE - File 13-3
Council reviewed a report from Assistant City Attorney Bullard, stating that since the Council had
recently entered into a Joint Powers Agreement with the County of Marin regarding animal control
and dog license fees associated therewith, and that subsequent to that time, the County has indi-
cated changes in all other animal control fees, the City would either have to amend all of its
Municipal Code provisions regarding the fees or adopt the County Code by reference. He therefore
recommends adoption of an Ordinance to adopt by reference the Marin County Animal Control Code.
An Ordinance of the City of San Rafael, Repealing Chapter 6.10 "Animal Control" of the San Rafael
Municipal Code and Adopting by Reference the Marin County Animal Control Code, and numbering Char-
ter Ordinance No. 1353, was read, introduced and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
ADD ITEMS:
RE: LIBRARY POSITION CONSOLIDATION - File 7-3
City Manager Bielser asked the Council's approval of combining two parttime Library positions into
on fulltime Library Assistant position.
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the staff recommendation
regarding the Library Assistant position.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
237
RE: RESOLUTION RE GENERAL SERVICES AIDE - File 7-3
Council reviewed a staff report stating that during the 1979/80 budget hearings Council had autho-
rized the creation of a General Services Aide position to operate the offset duplicating machine.
Nine months' salary and benefits were appropriated at that time. The position has been filled by a
CETA employee whose tenure ended September 30, 1979.
Staff further recommended that, because of the nature of the material being reproduced, the employee
should be placed in the Confidential unit; this has been agreed to by MAPE.
RESOLUTION NO. 5778 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTIONS
5739, 5740, 5749 AND 5750 PERTAINING TO THE COMPENSATION FOR CONFIDENTIAL
EMPLOYEES (General Services Aide)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen
RE: GERMAN STUDENT VISIT - File 9-1
Councilmember Breiner reported on her visit at Falkirk with the visiting German high school students
recently. She remarked how grateful they were to receive the San Rafael flag, and asked if small
flags could be made available to student groups who visit in the future. She was informed that
there is a supply of flags available for such purpose.
EXECUTIVE SESSION
The Council adjourned to Executive Session to discuss property acquisition and pending litigation.
JEANNE M. LEONCINI, City Clerk
REGINA`A.
APPROVED THIS �S*� DAY OF
.,,�w L.
OF THE CIT'
, Deputy City Clerk
F
�1979.
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, October 15, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
Others Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action
on the following consent calendar items:
Item
Approval of Minutes of September 20,
and October 1, 1979 Meetings.
Appeal of Planning Commission Denial - Three Lot
Subdivision, End of Santiago Way - File 5-1-256
Adoption of Personnel Rules and Regulations
(For All Employees Except Fire Department) -
File 7-4
Application for Park Improvement Funds - File 12-5
Recommended Action
Approved as submitted.
Set Public Hearing for November 5, 1979.
Set Public Hearing for November 5, 1979.
RESOLUTION NO. 5779 - APPROVING THE AP-
PLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z'BERG URBAN OPEN SPACE AND
RECREATION PROGRAM (Applying for
$100,000 grant)
238
Report on Bid Opening - Tandem Roller -
File 4-2-142
RESOLUTION NO. 5780 - AUTHORIZING PURCHASE
OF ONE TANDEM STEEL WHEEL VIBRATORY ROLLER
UTILIZING EQUIPMENT REPLACEMENT FUNDS (To
Nixon -Egli Equipment Co., Inc., $7,834.26)
Request for Fence by Marin Rod & Gun Club - Approved staff recommendation to close
File 9-3-40 off portion of Francisco Blvd. R/W,
allowing only parallel parking adjacent
to roadway; approval subject to Marin
Rod & Gun Club sharing in 1/2 the cost,
up to $5,000.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: MINUTES OF OCTOBER 1, 1979
Councilmember Breiner requested that the words "and members of the public" be added to the first
paragraph of the item on the Discussion of Smokers' Rights Ordinance (at bottom of page 2 of
minutes), to indicate that when a meeting was held with restaurant owners and operators on modifi-
cation of Ordinance No. 1344 pertaining to nonsmoking areas in restaurants, the public was also
present.
Councilmember Jensen moved and Councilmember Breiner seconded, that the words "and members of the
public" be added and the minutes approved as amended.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL, BY ARTHUR J. LANG ASSOCIATES, INC. -
s79-12, THREE LOT SUBDIVISION, 25 DE ANZA WAY; H. J. SLAGER, OWNER; ARTHUR J. LANG, REP. -
File 5-1-247
Mayor Mulryan declared the public hearing opened.
The hearing was continued to the meeting of November 5, 1979, at the request of the Terra Linda
Valley Property Owners Association, whose officers were unable to be present at the October 15th
meeting. Staff had determined that the developer had no objection to the continuance.
RE: PUBLIC HEARING- EXTENSION OF URGENCY ORDINANCE NO. 1339, WHICH ADDED NEW CHAPTER 98 "INTERIM
PROHIBITION OF USES" TO TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE PROHIBITING ANY USES WHICH MAY
BE IN CONFLICT WITH A CONTEMPLATED NEIGHBORHOOD PLAN AND ATTENDANT ZONING PROPOSALS, PURSUANT TO
GOVERNMENT CODE SEC. 65858 NEIGHBORHOODS 13 & 14 - SUN VALLEY/FAIRHILLS - File 178
Mayor Mulryan declared the public hearing opened.
Frank W. Aitken, representing John Stickle of 42 Oakmont, asked for an exception to the prohibition
so that his client could divide a 2.4 acre parcel into two parcels, each over one acre. He stated
that Planning Department refused to consider the proposal because of the provisions of Ordinance
No. 1339.
Mayor Mulryan informed Mr. Aitken that the exception will be heard by the Council if he will apply
for a hearing.
There being no further public input the public hearing was declared closed.
CHARTER ORDINANCE NO. 1354 - An Interim Urgency Ordinance of the City of San Rafael, Extending for
Eight Months (Interim Prohibition of Uses) Prohibiting any Uses which may be in Conflict with a
Contemplated Neighborhood Plan and Attendant Zoning Proposals, Pursuant to Government Code Section
65858 (Neighborhoods 13 & 14 - Sun Valley/Fairhills) was adopted as an Ordinance of the City of
San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: COMMUNICATION RE 1980 PARADE - File 11-22 x 9-2-4
Council reviewed a staff report, indicating that a full-scale parade would cost between $15,000
and $20,000, and a memo from the Fire Chief recommending that a parade be held on a date other than
the Fourth of July due to the many other events in the area on that day.
After discussion, Recreation Director Jauch was requested to explore the possibility of a smaller
scale parade, perhaps in May, and to pursue a plan for a family -type picnic at Gerstle Park or
Falkirk on the Fourth of July. It was recommended that a similar type picnic could also be held at
the Terra Linda Recreation Center, since last year's event was so successful.
239
RE: REPORT ON PICKLEWEED PARK PARCOURSE - File 9-3-65 x 4-13-38
Council reviewed a staff report, indicating that the Recreation Department is pursuing the possi-
bility of having the Spinnaker Point Developer install the additional nine Parcourse stations in
the greenbelt area which will eventually be dedicated to the City. If this can be worked out,
all eighteen stations could be completed this year.
The report further indicated that if the Spinnaker Point developer is not agreeable to the proposal
staff would have to look elsewhere for the additional funds and the eighteen stations would probably
not be completed until next year. Only the nine on the Pickleweed site could be done at present.
Staff further recommended that the Council recommend to the Board of Supervisors that the remainder
of the Community Development Block Grant previously awarded for a Parcourse at Bahia Vista School
be transferred to the City of San Rafael, and that the Parcourse be installed on the Pickleweed
Park site, and the adjacent Spinnaker Point greenbelt if possible.
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the staff recommendation
to refer the matter to the Marin County Board of Supervisors for approval of the transfer of funds;
and to further approve the installation of the nine stations on Pickleweed Park site and the ad-
ditional nine stations on the Spinnaker Point greenbelt.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
(Councilmember Nixon left meeting)
RE: FOLLOWUP REPORT ON THIRD STREET WIDENING PROJECT - File 3-2-14 (x R-101
Council then discussed a report from the Traffic Engineer, reviewing past improvements and observa-
tions since the Third Street widening project was completed. The report indicated that the follow-
ing improvements should be made: 1) A 60 -foot long freight loading zone (6:00 AM to noon) should
be installed on the south side of Third Street between B and C Streets to service Ray's Office Sup-
ply; and 2) A fulltime loading zone should be established on the east side of B Street, south of
Third Street adjoining the driveway to Milani's Garage, and a fulltime loading zone on the west
side of Lootens Place north of Third Street just south of the driveway to the Third & Lootens
Parking Garage - these two zones have not, to date, been approved by the adjoining businessmen;
and 3) Provide a recessed parking bay in front of the PG&E offices on Brooks Street to be designated
as a short term parking area for PG&E customers.
Fred Peterson, attorney for the Third Street merchants who oppose the deletion of parking on the
south side of Third Street, questioned the loading zone in front of Ray's Office Supply business
which is on Third Street, and was told by Public Works Director Caillouette that this problem is
different than others in that the business is in the middle of the block, whereas other businesses
could be served by having loading zones on side streets. Attorney Peterson stated he will wait and
see what is actually done and how much it improves the situation.
After further discussion Councilmember Breiner moved and Councilmember Jensen seconded, to approve
the loading zone for Ray's Office Supply and the parking bay on Brooks Street for PG&E customers,
and hold off making a decision on the other two loading zones at this time.
AYES: COUNCILMEMBERS: Breiner, Jensen and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Nixon
(Councilmember Nixon returned)
RE: PROPOSED REVISION TO MUNICIPAL CODE - CHAPTER 5.60 - PARKING METERS - File 11-18 x 11-8
x R-124
Council reviewed a proposed Ordinance which would allow more flexibility than at present, in
managing the parking meter operation. The present ordinance requires an amendment if any changes
are made regarding time limits, location or rates. The proposed change would give the City Engineer
the authority to set parking meter time limits without requiring an ordinance change, and it could
be done by resolution if the Council wishes to keep that authority.
The Council agreed that changes should be made by resolution if the ordinance change is adopted, so
they could retain their control over changes. Staff was requested to clear the proposed ordinance
through the Chamber of Commerce and the Downtown Study Group, and bring their recommendations and
comments back to the Council.
RE: DISCUSSION OF REGIONAL SEWER TREATMENT PLANT - File 12-7
Mayor Mulryan reviewed the resolution before the Council, approving an agreement regarding appor-
tionment of costs for Andersen Drive Extension and authorizing execution of the agreement. He
mentioned that at the special meeting of the Redevelopment Agency on October 8, 1979, the Agency
had adopted a resolution similar to this one.
RESOLUTION NO. 5781 - APPROVING AGREEMENT REGARDING APPORTIONMENT OF COSTS FOR ANDERSEN DRIVE
EXTENSION AND AUTHORIZING EXECUTION OF SAME
AYES: COUNCILMEMBERS: Breiner, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1350 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL,
ADOPTED BY REFERENCE BY SEC. 14.15.020 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL
PROPERTY FROM PUD -AP & AP PLANNED UNIT DEVELOPMENT -ADMINISTRATIVE PROFESSIONAL & ADMINISTRATIVE
PROFESSIONAL DISTRICTS TO P -D PLANNED DEVELOPMENT DISTRICT 1650 LOS GAMOS DRIVE - FIREMAN'S
FUND - File 10-3
CHARTER ORDINANCE NO. 1350 - Amending the Zoning Map of the City of San Rafael, Adopted by Refer-
ence by Sec. 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from PUD -AP
& AP (Planned Unit Development -Administrative Professional & Administrative Professional) District
to P -D (Planned Development) District (1650 Los Gamos Drive - Fireman's Fund), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1351 - AMENDING CHAPTER 8.14 OF THE SAN RAFAEL MUNICIPAL CODE
"SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS" - File 13-4
CHARTER ORDINANCE NO. 1351 - Amending Chapter 8.14 of the San Rafael Municipal Code "Smoking
Prohibited in Certain Public Areas" was adopted as an Ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1352 - AMENDING CHAPTER 2.16, BOARDS AND COMMISSIONS, OF THE
SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTIONS 2.16.300 ET SEO.. POLICE ADVISORY COMMISSION -
r ie l:s-i
Councilmember Nixon proposed an amendment to the Ordinance, whereby an individual who is not a
resident of the City of San Rafael, but owns and operates a business within the City, would be
eligible for the Police Advisory Commission. The Councilmembers discussed the proposal, but took
no action on it since those present were not in favor of it.
CHARTER ORDINANCE NO. 1352 - Amending Chapter 2.16, Boards and Commissions, of the San Rafael Muni-
cipal Code by Adding New Sections 2.16.300 et seq., Police Advisory Commission, was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1353 - REPEALING CHAPTER 6.10 "ANIMAL CONTROL" OF THE SAN
RAFAEL MUNICIPAL CODE AND ADOPTING BY REFERENCE THE MARIN COUNTY ANIMAL CONTROL CODE - File 13-3
CHARTER ORDINANCE NO. 1353 - Repealing Chapter 6.10 "Animal Control" of the San Rafael Municipal
Code and Adopting by Reference the Marin County Animal Control Code, was adopted as an Ordinance
of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: REPORT ON DUTCH ELM SPRAYING PROGRAM - File 9-3-40
Council heard from concerned individuals regarding recent newspaper reports concerning the danger
of spraying diseased Dutch Elm trees with the Carbaryl insecticide "Sevin".
Bruce Hagen, Entomologist for the State Department of Food and Agriculture, then informed the
Council that the insecticide is relatively harmless according to their tests regarding carcenogens
and toxicity. He further stated that the systematic injections, as opposed to spraying, are not
effective with the bark beetle, which is the one affecting the Dutch Elm trees, but are effective
with the leaf beetle, which is not of concern in this instance. He further stated that Sevin is a
registered insecticide for agricultural crops and for livestock, and for humans to treat body lice.
Ken W. Dunster, Manager for the Western Area Field Development, Union Carbide Company, manufactur-
ers of Sevin, stated that Sevin has been used for almost twenty years in over sixty countries with
minimal environmental and human health risk. He noted that at the present time there does not
appear to be a comparable insecticide with the minimal effects and cost benefits which can fully
replace Sevin.
Councilmember Breiner questioned Mr. Dunster on various tests, including the Ames Test. Mr.
Dunster stated he will furnish the City with results of the various tests on animals and humans.
The City Council will evaluate the information before the next spraying season which will commence
in early Spring of 1980.
Mayor Mulryan assured the concerned residents that he would not endanger people in order to save
a few trees.
RE: DISCUSSION OF ORDINANCE ESTABLISHING BUSINESS IMPROVEMENT AREA - File 183 x 9-10-2
The Council considered a request, initiated by the San Rafael Chamber of Commerce, that a Parking
and Business Improvement Area be established, to generate funds to be administered by the merchants
241
within the area concerned, to pay for free parking; decorations of public places; promotion of
public events; furnishing of music in public places; and the general promotion of trade activities
in the area.
Chamber president Patrick Tyrell -Smith addressed the Council regarding the proposal, and stated
that the Chamber has contacted the majority of the downtown merchants and they are in favor of the
proposal. Funds would be generated by each business entity within the business improvement area
paying an amount equal to 50% of the business license tax as set forth in the current City of San
Rafael Business License Fee Schedule. Those businesses within the boundaries of the Parking and
Business Improvement Area who are exempt from the payment of a business license under State law
are not to be assessed. Also excluded from the assessment are apartments, boarding/rooming houses,
mobile home parks, hospitals, convalescent homes, nursing homes, rest homes or sanitariums, and
ambulance services.
Councilmember Breiner moved and Councilmember Nixon seconded, to adopt a Resolution of Intention
to establish a Parking and Business Improvement Area, and to set November 5, 1979, for a public
hearing on the proposal.
RESOLUTION NO. 5782 - RESOLUTION OF INTENTION OF THE CITY OF SAN RAFAEL TO ESTABLISH A PARKING AND
BUSINESS IMPROVEMENT AREA PURSUANT TO STREETS AND HIGHWAYS CODE 36500 ET SEQ.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Staff was directed to assist in putting together the necessary ordinance and drawing the official
boundaries of the District.
RE: REAPPOINTMENT OF BOARD OF REVIEW MEMBER - File 9-2-12
Councilmember Nixon moved and Councilmember Jensen seconded, to reappoint Armon Barsainian, whose
term has expired, to the Board of Review for a six-year term ending October 1985.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: REPORT ON SURVEY OF HEALTH PLAN ADMINISTRATION - File 7-1-15
Council accepted a report from Ross Bracken, the City's insurance representative, regarding evalu-
ation forms on the Phoenix Mutual/Blue Cross coverage, which were circulated among employees for
their comments on the service, including any problems encountered. The report included responses
to each individual comment or complaint.
RE: DISCUSSION OF CHANGING WORK HOURS FROM 8:30 AM to 9:00 AM - File 7-4
Council discussed a letter from the Marin County Board of Supervisors, requesting that City's co-
operation in staggering the working hours of the City staff, in order to help relieve the rush-hour
congestion on Highway 101. The letter mentioned that Marin County employees are now working stag-
gered hours for this purpose.
City Manager Bielser informed the Council that it would be proper for them to make a decision on
the matter, subject to staff meeting and conferring with MAPE.
Councilmember Jensen moved and Councilmember Breiner seconded, to change the working hours for
employees to 8:45 A. - 5:15 PM, subject to meeting and conferring with MAPE.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: ABAG POPULATION PROJECTION/SEWER CONNECTIONS - File 111
Council considered a staff report concerning the ABAG population projection which will affect future
sewer connections. The figures were found to be unrealistic. Planning Director Meador was re-
quested to work up realistic figures on population projections, and submit them to the Council
in thirty days.
RE: REQUEST FOR VARIANCE FROM BUILDING CODE REQUIREMENTS RE OPENING OF A COMMON WALL BETWEEN
MACY'S AND THE FORMER PENNEY S BUILDING - File 9-3-40 x 9-2-7
Staff informed the Council that Macy's has submitted a building permit application to cut a hole
in the common walls between Macy's and the former Penney's building. Certain provisions in the
Uniform Building Code, as previously adopted by the City Council, prohibit this penetration of
four-hour firewalls at the property lines. Macy's has requested a variance from these provisions,
and has agreed to construct a fully engineered sprinkler system with water flow monitors in the
Penney's building if the variance is granted. The Fire Chief has stated that he is satisfied that
adequate precautions are being taken for fire safety. The Uniform Building Code provides that the
City Council, acting as the Board of Appeals, may make such interpretations of the provisions of
the Code which are equitable and responsible.
242
RESOLUTION NO. 5783 - APPROVING VARIANCE FROM CERTAIN PROVISIONS OF THE UNIFORM BUILDING CODE FOR
OPENING IN THE COMMON WALL BETWEEN MACY'S AND THE FORMER PENNEY'S BUILDING
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
RE: DISCUSSION OF VIADUCT PARKING LOT LIGHTING - File 9-3-40 (Verbal)
Councilmember Breiner informed the Council that she has received complaints regarding the lack of
lighting in the parking lot under the viaduct. City Manager Bielser informed the Council that it
would cost approximately $30,000 to install such lighting, and Caltrans does not intend to do it.
It would have to come out of the City's general fund. Mr. Bielser pointed out that this parking
lot is an accommodation for commuters, and not a profit-making venture. The State does not want to
raise the rates to finance the lighting. Mr. Bielser pointed out that there is a possibility of
obtaining Urban Mass Transportation Agency funds through the Golden Gate Bridge District.
Council then requested that the City Manager explore the possibility of obtaining the Urban Mass
Transportation Agency funds.
RE: REPORT ON OFFICE OF TRAFFIC SAFETY GRANT - File 4-10-129
After studying and discussing the staff reports from Finance Director Coleman and Police Chief
Benaderet, Councilmember Nixon moved and Councilmember Jensen seconded, to proceed as recommended
by staff, which was to approve participation in the OTS grant with the understanding that the
Finance Department might not convert to in-house computer, and that if the Police Department
results do not justify continued annual cost the City will sell the computer and related software
and terminate any future obligations; and that this will be a two-year trial program.
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Council commended Police Lt. Krolak for his efforts in obtaining the grant.
RE: COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE STREET LIGHTING - File 11-4
Council discussed a communication from the State Public Utilities Commission, stating that the
Legislature has requested the Commission to study rules and regulations for public utilities to
furnish street lighting. The main objective is to have the public utilities furnish the lighting
services at little or no direct cost to local government. The communication asked for comments and
suggestions to achieve their objective.
Staff was requested to explore how such a project would be funded, and report back to the Council.
RE: DISCUSSION OF CITIZEN MEDIATION SERVICES PROGRAM - File 106
(Verbal)
Councilmember Breiner informed the Council of a Division of Mediation Services Office at the Marin
County Civic Center, where citizens may go for assistance in solving minor legal problems and dis-
putes.
RE: AMENDMENT TO MUNICIPAL CODE RELATING TO HOLIDAYS - File 7-4
An Ordinance of the City of San Rafael, Amending Section 5.04.020 of the San Rafael Municipal Code
(Holidays), and numbering Charter Ordinance No. 1355, was read, introduced and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
EXECUTIVE SESSION
The Council adjourned to Executive Session to discuss a personnel problem.
M. LEONCINI, City Clerk
APPROVED THIS S DAY OF 1979.
*** *** *** *** *** *** *** ***
242.
In Room 201, in the City Hall of the City of San Rafael, Thursday, October. 1979, at 5:30 PM. -
Special Meeting: Present: Lawrence E. Mulryan, Mayor
(Executive Session) Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
Jack G. Nixon, Councilmember
Absent: John A. Miskimen, Councilmember
RE: EXECUTIVE SESSION
The San Rafael City Council met in Executive Session to discuss personnel matters. No action was
taken.
J E M. LEONCINI, City Clerk
APPROVED THI S St-`' DAY OF , 1979
MAYOR OF THE CITY OF SAN RAFAEL
d.
Y'
E'
3
S:
a.
E
S:
`s::.
243
In the Council Chambers of the City of San Rafael, Monday, November 5, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on
the following consent calendar items:
Item
Approval of Minutes of October 15 and 18,
1979 Meetings
a. Application for Leave to Present Late
Claim - Alicia Moss - File 3-1-441
b. Claim for Damages - Alicia Moss
Extension of Time - Ceccotti Tract Subdivision
Improvements - File 5-1-257
Grant of Property to the San Rafael Sanitation
District - File 2-5 x 12-7
Contractual Agreement between City and First
Congregational Church re Renewing Building
Lease for Preschool Program - File 2-9-15
Resolutions re Recreation Department Program
Contracts - File 4-10-111
(*Held at Falkirk)
Resolution Authorizing City to Apply for
and Accept Federal Library Services and
Construction Act Funding for 1980/81 -
Fi 1 a q-1-Fil
Resolutions of Appreciation re Litter
Control Week to:
a. San Rafael Chamber of Commerce
b. San Rafael Jaycees
File 102
Recommended Action
Approved as submitted.
Approved recommendation to grant leave
to present late claim.
Approved R. L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5786 - EXTENDING TIME FOR
COMPLETION OF IMPROVEMENT WORK IN THE
CECCOTTI TRACT SUBDIVISION, SAN RAFAEL,
CALIFORNIA (To September 1, 1980)
RESOLUTION NO. 5787 - AUTHORIZING SIGNING
OF A GRANT DEED TO THE SAN RAFAEL SANI-
TATION DISTRICT PROVIDING FOR CONVEYANCE
OF CITY PROPERTY (PUMP STATION SITE AND
APPURTENANCES, FRANCISCO BLVD. CUL-DE-
SAC) TO THE SAN RAFAEL SANITATION
DISTRICT
RESOLUTION NO. 5788 - AUTHORIZING SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (2 Yrs,
from October 31, 1979 to October 31, 1981,
total rent $6,175, to be made in four
installments)
Adopted Following Resolutions:
No. 5789 - Bod Squad, Exercise Class,
Santa Margarita School & San Rafael
Community Center;
No. 5790 - Jeanine White, Puppet Making;
No. 5791 - Phyllis Bragden, Jewelry Making
for Holiday Gifts;
No. 5792 - Judy Morris, Basic Drawing
No. 5796 - Vickie Brennan, Multi -Media
Art Experience;
No. 5797 - Susan Shippey, Celebrations in
Art;
No. 5798 - Carol Beadle, Art of Making
Felt;
No. 5799 - Arden Rose, Self -Awareness
through Art;
No. 5800 - Robert Cumpertz, Moving your
Book Idea to Publication
RESOLUTION NO. 5801 - AUTHORIZING CITY OF
SAN RAFAEL TO APPLY FOR AND ACCEPT
FEDERAL LIBRARY SERVICES AND CON-
STRUCTION ACT FUNDING FOR 1980/81
RESOLUTION NO. 5784 - RESOLUTION OF AP-
PRECIATION TO SAN RAFAEL CHAMBER
CHAMBER OF COMMERCE (Confirming)
RESOLUTION NO. 5785 - RESOLUTION OF AP-
PRECIATION TO SAN RAFAEL JAYCEES (Con-
firming)
244
Report on Personnel Administration
Program - File 7-4
Approved staff recommendation to authorize
hiring of an Assistant to the City Manager
to handle the Personnel function.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL, BY ARTHUR J. LANG ASSOCIATES, INC., -
s79-12, THREE LOT SUBDIVISION, 25 DE ANZA WAY; H. J. SLAGER, OWNER; ARTHUR J. LANG, REP. -
File 5-1-247
Mayor Mulryan declared the public hearing opened.
Council reviewed a letter from Joseph A. Forest, attorney for the owner of the property, Mrs.
Hendrika Slager, stating that she is withdrawing her appeal.
The public hearing was declared closed.
RE: APPEAL OF PLANNING COMMISSION DECISION, BY ALDERSLY, INC., DANISH RETIREMENT HOME - UP79-59 -
GROUP CARE FACILITY - THE PHOENIX"; 408 FOURTH STREET; A. V. NICOLAI, OWNER; FRANK BETTS &
HOWARD KAEL, REPS.; AP 14-091-12; CEQA: CAT. EX. 15105 - File 10-5
Mayor Mulryan declared the public hearing opened.
Council heard from Mrs. Margaret Callahan, Administrator of Aldersly; from Gerhard Link, Adminis-
trator of the San Rafael Senior Home at 416 Fourth Street and from his attorney Robert MacKay;
and from numerous residents of the neighborhood including residents of Aldersly, all expressing
their concern regarding possible adverse results of having a group care facility to be operated
as a halfway house to reorient individuals back into society after serving time in either the
County Jail or the County Honor Farm, in their immediate neighborhood.
Mr. Frank Betts of Catholic Social Service, which would run and operate "Phoenix House", explained
the details of the program including the careful screening of applicants and the fact that the
individuals admitted to the program would already have served their jail or honor farm terms and
would in any event be returning to the community. The program as planned would assist them in
finding jobs and in returning to a normal community life. He stressed that none would have been
guilty of violent crimes nor would they have been hard drug users. All will be Marin County
residents. Other members of the Catholic Social Service organization spoke in favor of the
project.
Police Captain Jerry Sousa informed the Council that the Police Department takes no stand for or
against the project, but he pointed out that the proposed facility is near bus transportation and
thus would be convenient for the job market. He stated that it would depend on the staff as to
whether the project would be a success or failure.
There being no further public input, the public hearing was closed.
During Council discussion Councilmember Jensen moved that the appeal be sustained and the use permit
be denied. There being no second to the motion, no action was taken on Councilmember Jensen's
motion.
After further discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to deny
the appeal and grant the Use Permit for six months, at which time the project can be evaluated.
At the suggestion of Assistant City Attorney Bullard, findings were added to the motion, stating
that the denial of the appeal and hence the granting of the Use Permit is not detrimental to the
health, welfare and comfort of the persons of the neighborhood in that the screening and super-
vision are found to be adequate, and that the six months review period gives an opportunity for
the City to assess and evaluate the success of this program at that time, and that for the overall
good of the community the Council feels that this is a valuable program to be tested.
Under discussion Councilmember Jensen asked about an EIR, and Assistant City Attorney Bullard in-
formed the Council that the Planning Commission had ruled that this project is categorically exempt.
Councilmember Nixon remarked to the audience that the project would result in a controlled number
of seven or eight people living in the house at the maximum, and if the house is privately rented
the City would have no control over the number of people living there, which could have a worse
effect on the neighborhood than they anticipate with the proposed project.
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
(Councilmember Jensen left the meeting for the balance of the evening)
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL, BY ERVIN H. HILLE ARCHITECTS, INC. -
s79-28, THREE LOT SUBDIVISION, END OF SANTIAGO WAY; JAMES OTTERLEE, OWNER; ERVIN HILLE, REP.;
AP 165-141-01 & 30; CEQA: NEG. DEC. - File 5-1-256
Mayor Mulryan declared the public hearing opened.
245
(Councilmember Nixon was called away from the meeting and returned after adjournment of the Council
meeting, but before reconvening of the Agency meeting.)
Planning Director Meador briefed the situation, stating that the proposed development is on a
ridgeline as established in the City's design review ridgeline ordinance; is an open grassland which
does not have any vegetation which would screen the proposed development; the proposed intensity
and height would make the development particularly prominent; and that the surrounding properties
have been purchased as open space which would make this a detraction to the existing open space
area. Other shortcomings include a prohibited driveway slope, and the fact that Parcel A is bi-
sected by the common driveways to Parcels B & C, which separates the outdoor yard area from the
house location.
Council then heard from Bob Rich of Coldwell Banker, representing the owner of the property, who
stated that building less than three homes on the location would not be economically feasible.
Council then heard from Mrs. Maureen Hornung of 142 Lucas Park Drive, who stated that the soil on
that part of the hill is not stable, and urged the Council to uphold the Planning Commission's
denial of the subdivision.
Mayor Mulryan declared the public hearing closed.
After discussion, Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the ap-
peal and uphold the Planning Commission denial.
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
The City Attorney was asked to prepare the necessary resolution to comply with the Map Act, on
denial of a subdivision, and present it to the Council for adoption on November 19, 1979.
Councilmember Miskimen then moved and Councilmember Breiner seconded, that staff meet with the
applicant for the subdivision and work out the problems if possible.
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: PUBLIC HEARING - CONSIDERATION OF ESTABLISHMENT OF A PARKING AND BUSINESS IMPROVEMENT AREA
WITHIN THE DOWNTOWN SAN RAFAEL AREA - File 183 x 9-10-2
Mayor Mulryan declared the public hearing opened.
Mr. Bud Kreuzer, co-owner of the West End Market, stated he objects to the boundaries of the pro-
posed Parking and Business Improvement Area. He stated he felt the area should extend only from
Lincoln Avenue to E Street, since those are the merchants who would really reap the benefits.
Councilmember Miskimen remarked that Dr. Charles Aby, who could not stay due to the lateness of
the hour, had remarked to him during the intermission that he -feels the boundaries go too far West.
Mr. Pat Tyrell -Smith, President of the Chamber of Commerce, stated that the boundaries could of
course be changed if there is much objection, but the Chamber would like to bring the West End
merchants into the proposed Area, because he feels they would indeed benefit from the program.
Ken Reichart of the Photo Shop stated he also would like to see the West End merchants included
since he feels they would benefit from the program.
There being no further input, the public hearing was closed.
Assistant City Attorney Bullard informed the Council that if they wish to alter the boundaries at
this time, the ordinance will have to be changed, and the hearing continued for at least fifteen
days after their decision to make the change.
Councilmember Breiner stated the only change she would suggest is that on page 3. Section 10.08.090,
subparagraph (a), the wording be changed to read, "Pay for occasional free parking intervals at
parking meters within the Business Improvement Area".
Councilmember Miskimen moved and Councilmember Breiner seconded, that the proposed ordinance be
passed to print as amended.
An Ordinance of the City of San Rafael Amending Title 10 of the San Rafael Municipal Code by
Adding a New Chapter 10.08 Entitled "Downtown Parking and Business Improvement Area", and numbering
Charter Ordinance No. 1356, was read, introduced and ordered passed to print by the following vote,
to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
City Manager Bielser then asked the Council to make a decision regarding the Parking Meter Holiday
for the Christmas Season, and suggested December 14 through 31, 1979.
Councilmember Miskimen moved and Councilmember Breiner seconded, to set December 14 through 31,
1979, as a Parking Meter Holiday.
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: PUBLIC HEARING - ADOPTION OF PERSONNEL RULES & REGULATIONS (EXCLUDING FIRE DEPARTMENT) -
File 7-2 x 7-8 x 7-8-2 x 7-8-3 X 7-4
Mayor Mulryan declared the public hearing opened.
There being no public input, the public hearing was declared closed.
Councilmember Breiner suggested, and the Council concurred, that on page 13 of the Personnel Rules
& Regulations, the last sentence of Section 6 be deleted. The sentence read, "Both men and women
may apply for examinations, unless otherwise specified by public notice, where the position would
reasonably require the services of a particular sex".
An Ordinance of the City of San Rafael Amending Title 2 "Administration" of the San Rafael Muni-
cipal Code by Repealing Chapter 2.20 "Civil Service" and Enacting a New chapter 2.20 "Civil Service"
(Except as Applied to Members of the Classified Service Within the City of San Rafael Fire Depart-
ment), and numbering Charter Ordinance No. 1357, was read, introduced and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RESOLUTION NO. 5802 - ESTABLISHING PERSONNEL RULES AND REGULATIONS FOR THE CLASSIFIED SERVICE OF
THE CITY OF SAN RAFAEL (Excluding Fire Department)
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: APPOINTMENTS TO MOBILE HOME ADVISORY COMMITTEE - File 9-2-29
Names of nominees for the two tenant and two owner representatives on the board were submitted to
the Council and approved. They are: Tenants: Mrs. Karen Kohs, Comtempo Marin; and Pierre
Brandelius, B -Bar -A, with David Long as alternate. Owners: Glenn E. Desmond, resident manager
of B -Bar -A; and Wm. Jollie, resident manager of Contempo Marin.
Staff informed the Council that as of the filing deadline no applications had been received from
qualifying, independent, unbiased parties, and recommended that the filing deadline be extended an
additional month. Council agreed, and extended the filing deadline to noon on November 29, 1979.
RE: FINAL ADOPTION - ORDINANCE NO. 1355 - AMENDING SECTION 5.04.020 OF THE SAN RAFAEL MUNICIPAL
CODE HOLIDAYS - File 7-4
CHARTER ORDINANCE NO. 1355 - An Ordinance of the City of San Rafael Amending Section 5.04.020 of
the San Rafael Municipal Code, was adopted as an Ordinance of the City of San Rafael by the follow-
ing vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: RECONSIDERATION OF PROPOSED TOWING RATE INCREASES - File 9-10-2 x 9-3-30
Chief Benaderet informed the Council that the tow car operators and the Police Department had agreed
upon the fees as listed in the proposed resolution. He called to their attention one addition to
the fee schedule, also agreed upon, defining inside and outside storage, with the charge for outside
storage set at $6.00 per day, and inside storage at $7.00 per day.
RESOLUTION NO. 5803 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES
PURSUANT TO TOW CAR BUSINESS AND OPERATORS ORDINANCE
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: APPOINTMENT OF MOSQUITO ABATEMENT BOARD MEMBER - File 9-2-9
Council reviewed a letter from Norris M. Rawles, informing them that his term on the Marin/Sonoma
Mosquito Abatement District's Board of Trustees expires on December 31, 1979, and that he would
247
prefer that the Council appoint a new representative for the next term beginning January 1, 1980
through December 31, 1981. Mr. Rawles pointed out that he has served as the City's representative
on the Board for the past six years.
The Council accepted Mr. Rawles' letter with regret, and agreed to advertise the vacancy.
RE: REPORT ON IMPACT OF REQUIRING BUSINESS LICENSES FOR BIDDERS ON CITY PROJECTS - File 9-10
Council considered a staff report indicating that surveys had been made by the Public Works Depart-
ment to determine the impact of the City requirement that all companies have a valid business
license prior to submitting a bid on a City project. The survey of Marin County cities and agencies
shows that the City of San Rafael is the only city/agency other than the San Rafael Sanitation
District with such a requirement. The survey of general contractors was conducted to determine the
effects of this requirement on the contractors' unwillingness to bid on San Rafael's projects and,
at the same time, whether the cost of the license was factored into their bid, and the response
was unanimous in the affirmation.
Staff is therefore recommending that Resolution No. 4711 of 1974 be rescinded.
RESOLUTION NO. 5804 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESCINDING
RESOLUTION NO. 4711 (REQUIRING ANY CONTRACTOR BIDDING ON CITY WORK
TO HAVE CITY BUSINESS LICENSE AT TIME OF MAKING BID)
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: AUTHORIZATION TO OBTAIN REP FOR ALTERNATIVE AMBULANCE SERVICE - File 9-3-31
Council reviewed a recommendation of Fire Chief Marcucci that staff be authorized to meet with local
ambulance companies to discuss an agreement for alternative ambulance service other than the Para-
medic ambulance for those cases which are determined to be other than Paramedic cases. Following
review and analysis of the proposals, staff would prepare a recommendation for Council considera-
tion.
Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommendations of
staff as stated, regarding alternative ambulance service consideration.
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: JOINT POWERS AGREEMENT WITH MARINWOOD SERVICES DISTRICT - File 4-10-129 x q-3-3/
RESOLUTION NO. 5805 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint
Powers Agreement between City of San Rafael and Marinwood Community Services
District, re Mutual Fire Protection)
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: CONTRACT WITH WILBUR SMITH & ASSOCIATES FOR TRAFFIC ANALYSIS - File 4-10-116
Council reviewed a staff report, indicating the need for a traffic analysis of the Northgate Ac-
tivity Center. The firm of Wilbur Smith & Associates is recommended, since they have been estab-
lished in the Grant Program as a "sole source" for transportation consulting services due to
their demonstrated expertise relative to Terra Linda traffic conditions, and thus result in the
project being eligible for 701 Grant Program funds. The costs for the professional services will
not exceed $10,000, and are fully grant fundable.
RESOLUTION NO. 5806 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With
Wilbur Smith & Associates, Pursuant to the Scope of Work, Transportation Ele-
ment, Northgate Activity Center Specific Area Plan - not to exceed $10,000)
AYES: COUNCILMEMBERS: Breiner, Miskimen, and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: COMMUNICATION FROM CITY OF NOVATO RE SALE OF DRUG-RELATED PRODUCTS TO MINORS - File 9-2-28
Council considered a letter from City of Novato, citing their recently passed ordinance requiring
business proprietors to exclude minors from premises where articles solely designed for the drug
culture are sold. The ordinance requires that a parent or legal guardian must be with the minor
if he or she goes into a room or place of business where the devices are being displayed. The
City of Novato is urging other Marin County cities to take similar action in order to protect local
youth from unnecessary exposure to the drug culture.
After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to refer the
matter to the Police Advisory Commission.
248
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
RE: REPORT ON BID OPENING - ELEVEN NEW CHEVROLET MALIBU FOUR -DOOR SEDANS, POLICE VEHICLES -
File 4-2-143
RESOLUTION NO. 5807 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE PURCHASE OF
POLICE VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (Campbell Bishop, low bidder, $53,479.35.)
AYES: COUNCILMEMBERS: Breiner, Miskimen, & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jensen and Nixon
Staff pointed out to the Council that of the eleven vehicles, seven had been authorized for San
Rafael Police Department and the balance were for Larkspur and Corte Madera.
EXECUTIVE SESSION
The City Council adjourned to Executive Session to discuss pending litigation.
EANNE M. LEONCINI, ity Clerk
APPROVED THIS/ 11 9&Z DAY OF 1979
YOR OF THE CITY OFSAI *AFAE�
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 19, 1979, at 7:45 PM.
Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member
City Council and Dorothy L. Breiner, Councilmember/Agency Member
Redevelopment Agency Fred E. Jensen, Councilmember/Agency Member
John A. Miskimen, Councilmember/Agency Member
Jack G. Nixon, Councilmember/Agency Chairman
Also Present: William J. Bielser, City Manager/Executive Director
Jeanne M. Leoncini, City Clerk/Agency Secretary
Edmund A. Duggan, City Attorney/Agency Attorney
PUBLIC HEARING - CONDITIONAL SALE OF PROPERTY AT SECOND & IRWIN STREETS, SAN RAFAEL - (FORMER
COWAN PROPERTY) File 167 SRRA, R-46
AGENCY ACTION
1. APPROVAL OF NEGATIVE DECLARATION RE PROPERTY AT SECOND & IRWIN STREETS, SAN RAFAEL
Chairman Nixon declared the public hearing opened. There being no public input, the public
hearing was declared closed.
RESOLUTION NO. 79-61 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREE-
MENT WITH MESSRS. KUYKENDALL, CHATHAM, AND WOODSON (AP 14-125-14)
AYES: MEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon
NOES: MEMBERS: None
ABSENT: MEMBERS: None
2. COMPLIANCE WITH HEALTH & SAFETY CODE SEC. 33433, AND APPROVAL OF DISPOSITION & DEVELOPMENT
AGREEMENT WITH KUYKENDALL, CHATHAM & WOODSON
Associate Director Ward informed the Agency members that approval of this resolution should
be subject to the Agency obtaining a stipulated judgment for the resolution of the lawsuit to
recover title, and that subsequently the Agency should authorize the Executive Director to sign
the Disposition & Development Agreement and to execute all relevant papers. He suggested that
the resolution be amended to state this.
249
Member Jensen moved and Member Breiner seconded, to adopt the resolution as amended.
RESOLUTION NO. 79-62 - APPROVING COMPLIANCE WITH SECTION 33433 OF THE HEALTH & SAFETY CODE AND
APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH MESSRS. KUYKENDALL,
CHATHAM AND WOODSON
AYES: MEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon
NOES: MEMBERS: None
ABSENT: MEMBERS: None
COUNCIL ACTION
3. APPROVAL OF DISPOSITION & DEVELOPMENT AGREEMENT TO CONFORM WITH HEALTH & SAFETY CODE SEC. 33433
Councilmember Jensen moved and Councilmember Miskimen seconded, to adopt the resolution with
the same amendment as Redevelopment Agency Resolution No. 79-62.
RESOLUTION NO. 5808 - TO COMPLY WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE
REGARDING CONDITIONAL SALE TO MESSRS. KUYKENDALL, CHATHAM AND WOODSON
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to their regular meeting following immediately.
JEANNE M. LEONCINI, City C�lerk
APPROVED THIS DAY OF 190
MAYO�OF THE CITY OFSAN RA EL
*** *** *** *** *** *** *** ***
In the Council Chambers of the City of San Rafael, Monday, November 19, 1979, at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Dorothy L. Breiner, Councilmember
Fred E. Jensen, Councilmember
John A. Miskimen, Councilmember
Jack G. Nixon, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
RE: CONSENT CALENDAR
Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Approval of Minutes of November 5, 1979
Meeting
2. Claims for Damages:
a. Paula F. B. Walker, File 3-1-409
b. Tommy Lee Walker, File 3-1-410 (PD)
3. Claim for Damages - Ehren Epstein,
File 3-1-431 (PW)
4. Claim for Damages - Bruce Marks,
File 3-1-432 (PW)
5. Claim for Damages - Pacific Telephone &
Telegraph Co., File 3-1-434 (PW)
Recommended Action
Approved as submitted.
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
250
6. Claims for Damages:
a. Barry Goldstein, File 3-1-437
b. Richard Kotz, File 3-1-436 (PD)
7. Claim for Damages - Charles F. Powers,
File 3-1-442 (FD/PW)
8. Request for Extension of Time -
San Pedro Cove Subdivision -
File 5-1-240
9. Resolution re Denial of Appeal of
Planning Commission Decision - Three -
lot Subdivision, End of Santiago Way -
File 5-1-256
10. Agreement with Dixie School District
re Use of Don Timoteo School for Child
Care Program (@ $126/Mo. for Rm. 15 &
$14/Mo. for restrooms, from 9/1/79
to 6/30/80) - File 4-7-3
11. Resolutions re Proposed Recreation
Department Program Contracts -
File 4-10-111
Approved R. L. Kautz Co. recommendation
for denial.
Approved R. L. Kautz Co. recommendation
for denial.
RESOLUTION NO. 5809 - EXTENDING TIME FOR
THE COMPLETION OF IMPROVEMENT WORK IN
SAN PEDRO COVE UNIT ONE, SAN RAFAEL,
CALIFORNIA (To & Inc. May 1, 1980)
RESOLUTION NO. 5810 - DENYING TENTATIVE
MAP SUBDIVISION NO. S79-28 (THREE -LOT
SUBDIVISION) (At end of Santiago Way)
RESOLUTION NO. 5811 - AUTHORIZING THE
SIGNING OF A CONTRACT, LEASE OR AGREE-
MENT (With Dixie School District for
Use of Don Timoteo School for Child Care
Program)
Adopted Following Resolutions:
No. 5812 - Laura Lengyel, Life Drawing
Classes, Falkirk;
No. 5813 - Meredith Grey, Drawing Animals
Classes, Falkirk;
No. 5814 - Kerry VanderMeer, Workshops:
Making Decorative Papers, Adults/Children,
Falkirk;
No. 5815 - Dorathy C. Eastman, Workshop:
Oil/Acrylic Painting, Falkirk;
No. 5816 - John Bennett, Landscaping &
Gardening Workshops, San Rafael Community
Center.
12. Report on
Bid Opening - Puerto Suello
RESOLUTION NO. 5817 - RESOLUTION OF AWARD
Hill Emergency Access Road
- File 4-1-291
OF CONTRACT (To W. K. McLellan Co., bid
amount $9,835)
AYES:
COUNCILMEMBERS:
Breiner, Jensen,
Miskimen, Nixon & Mayor Mulryan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
13. PUBLIC HEARING - TO CONSIDER REQUEST FOR EXEMPTION FROM PROVISIONS OF ORDINANCE NO. 1354 -
TWO -LOT SUBDIVISION, 42 OAKMONT AVENUE; JOHN STICKLE, OWNER; FRANK W. AITKEN, JR., REP. -
File 10-8 x 178
Mayor Mulryan declared the public hearing opened.
Frank Aitken, representing John Stickle, owner of the property at 42 Oakmont Avenue, stated that
the proposed development is very small and would have no significant effect on the plan for
Neighborhoods 13 and 14. He expressed concern that the moratorium would be lengthy and that
it would be a long time before this development could be considered.
Mayor Mulryan assured Mr. Aitken that the moratorium will not be a lengthy one, that the plan
for Neighborhoods 13 and 14 is coming along very well, and that the Council must of necessity
adhere to the policy of not making an exception in a case such as this.
Mr. Aitken then stated that he would like to hold his request in abeyance, and watch the pro-
gress of the neighborhood plan. If it should, in fact, turn out to be a long drawn-out process
he will again submit a request for consideration of an exception. The Council concurred.
Mayor Mulryan declared the public hearing closed.
14. FINAL ADOPTION - ORDINANCE NO. 1356 - AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY
ADDING A NEW CHAPTER 10.08 ENTITLED "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" -
File 183 x 9-10-2
Dr. Robert Foehr, a dentist with offices on the south side of Fifth Avenue near "H" Street,
asked for an exception from the increase in business license fees for himself and all other
professional/administrative type businesses within the proposed boundaries. After discussion,
it was decided not to act upon the request.
Peter Mitchell of the law firm of Nelson, Boyd, MacDonald and Mitchell, with offices in Court-
house Square, spoke in support of the ordinance, stating that all of the downtown area will
benefit from the provisions of the proposed ordinance.
251
CHARTER ORDINANCE NO. 1356 - An Ordinance of the City of San Rafael Amending Title 10 of the
San Rafael Municipal Code by Adding a New Chapter 10.08 Entitled "Downtown Parking and Business
Improvement Area", was adopted as an Ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner
ABSENT: COUNCILMEMBERS: None
15. FINAL ADOPTION - ORDINANCE NO. 1357 - AMENDING TITLE 2 "ADMINISTRATION" OF THE SAN RAFAEL MUNI-
CIPAL CODE BY REPEALING CHAPTER 2.20 CIVIL SERVICE AND ENACTING A NEW CHAPTER 2.20 CIVIL
SERVICE' EXCEPT AS APPLIED TO MEMBERS OF THE CLASSIFIED SERVICE WITHIN THE CITY OF SAN RAFAEL
- rile /-4 x /-b x 1 -d -z x /-
CHARTER ORDINANCE NO. 1357 - Amending Title 2 "Administration" of the San Rafael Municipal Code
by Repealing Chapter 2.20 "Civil Service" and Enacting a New Chapter 2.20 "Civil Service" (Ex-
cept as Applied to Members of the Classified Service Within the City of San Rafael Fire Depart-
ment), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. PROPOSED ORDINANCE REGULATING PARKING METER FEEDING - File 11-18
Council considered a staff report, indicating that complaints have been received by the City
regarding persons in the downtown area feeding meters to exceed the one or two hour limits on
such meters. Also, tires which have been chalk -marked have been an aid to the Meter Enforcement
Officers in detecting meter feeders except that in some cases people have been removing the
chalk marks. Currently the removal of the marks is not a violation unless a sworn Police Of-
ficer observes the removal. In order to have an effective meter feeding enforcement program,
staff is recommending that the City Council adopt the proposed ordinance making the removal,
obliteration or concealment of any enforcement chalk mark a violation of the law.
An Ordinance of the City of San Rafael, Amending Chapter 5.40 "Stopping, Standing and Parking"
of the San Rafael Municipal Code by Adding Section 5.40.220 Thereto (Re Meter Feeding), and
numbering Charter Ordinance No. 1358, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner suggested that the provisions of the ordinance be given publicity at the
time it becomes effective January 2, 1980.
17. REPORT ON STREET LIGHTING FINANCING - File 11-4
Council gave further consideration to a letter from the Public Utilities Commission dated
September 7, 1979, which had first been discussed at the October 15, 1979 Council meeting,
regarding the possibility of financing of street lighting being taken over by public utilities,
and asking for comments from the municipalities.
After discussion, it was agreed by the Council that the City would continue to pay the
lighting costs, as it was felt that it would be to the City's advantage in the long-range as-
pect. Also, further cost savings may be made by conversion to high pressure sodium lamps only
if the overall expense remains within the City.
18. REVIEW OF ABAG POPULATION PROJECTIONS - File 111
Council reviewed a staff report which contained a review of the ABAG population projections
for San Rafael, which had been prepared at their request. The report included a table sum-
marizing the conclusions of the analysis, regarding new housing potential.
Staff recommended that the City Council review and adopt the population projection figures as
outlined and direct staff to inform ABAG of the policy determination.
Staff also requested permission to negotiate with the developer of a 95 townhouse -condominium
development across from the Civic Center on San Pablo Avenue, to determine the feasibility of
including a density bonus of up to 20% that would be reserved for low and moderate income
housing.
Councilmember Nixon moved and Councilmember Jensen seconded, to approve both of the above staff
recommendations.
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
252
19. BID OPENDING - AWARDS OF CONTRACTS FOR: - File 4-2-145
a. Six 1/2 -Ton Pickup Trucks
b. One Heavy Duty 3/4 -Ton Pickup Truck
c. One 3/4 -Ton Pickup Cab & Chassis
Councilmember Jensen questioned the practice of using Equipment Replacement Funds instead of
the former practice of having an account called Replacement and Operating Funds. Staff ex-
plained that this change was made a few years ago, with the Operating Fund going to General
Services. Councilmember Jensen also questioned the maintenance program, stating that there
appears to be a large number of vehicles needed at the same time. It was explained that the
trucks being replaced are quite old, with very high mileage, and further repair is not war-
ranted in terms of life expectancy.
Councilmember Breiner suggested that the Council be given a report on the maintenance program
for this type of vehicle.
RESOLUTION NO. 5818 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE PURCHASE OF
PUBLIC WORKS VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (DeLong
Chevrolet, adjusted low bidder for six one-half ton pickups, bid
amount $36,649.18; Campbell Bishop Chevrolet, low bidder for one
three-quarter ton pickup and one three-quarter ton cab & chassis,
bid amounts $7,185.31 and $6,886.98, respectively)
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. BID OPENING - AWARDS OF CONTRACTS FOR: - File 4-2-144
a. Three Cab & Chassis Trucks for Dump Service
b. Three Twin Arm Hoist Dump Bodies
Councilmember Jensen expressed his opinion that the equipment being purchased was much too
high-powered and expensive for the City's requirements, citing that automatic transmissions
were not practical and air brakes were not necessary.
RESOLUTION NO. 5819 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE PURCHASE OF
PUBLIC WORKS VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (Heil
Equipment Co., low bidder for three two -yard dump bodies, bid amount
$11,731.02; and ISI of San Rafael, low bidder for three cab & chassis,
bid amount $41,340)
AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: Jensen
ABSENT: COUNCILMEMBERS: None
The City Council adjourned to Executive Session to discuss pending litigation.
ANNE M. LEONCINI, City Clerk
APPROVED THIS 7 *61 DAY OF 1990
�7►
OR OF THE CITY OF SA RAFA
VOR
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In the Council Chambers of the City of San Rafael, Monday, December 3, 1979, at 8:00 PM.
Regular Meeting: Present: Fred E. Jensen, Acting Mayor
Dorothy L. Breiner, Councilmember
Jack G. Nixon, Councilmember
Absent: Lawrence E. Mulryan, Mayor
John A. Miskimen, Councilmember
Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk;
Edmund A. Duggan, City Attorney
253
RE: CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended action on
the following consent calendar items:
Item
1. Claim for Damages - Timothy Richard Stone,
File 3-1-443
2. Extension of Time - Picolo Valle Subdivision
Improvements - File 5-1-245
3. Award of Contract, Hurst Power Rescue Tool -
File 4-2-146
4. Revised Grant Proposal, Pickleweed Park -
File 2-1-55 x 12-5
5. Report on Drainage Improvements on Private
Property - 8 Dias Way - File 9-3-40
6. Reconsideration of Dump Truck Bids -
File 4-2-144
Recommended Action
Approved R. L. Kautz recommendation for
denial.
RESOLUTION NO. 5820 - EXTENDING TIME FOR
THE COMPLETION OF IMPROVEMENT WORK IN
PICOLO VALLE SUBDIVISION, SAN RAFAEL,
CALIFORNIA (To June 4, 1980)
RESOLUTION NO. 5821 - AUTHORIZING THE
PURCHASE OF PARAMEDIC POWER RESCUE TOOL
(Rescue Safety Products of Hayward, bid
amount $7,024.64)
Accepted report recommending that appli-
cation for State grant funds be made, in
amount of $30,000, for trees & barbecue
pit area.
Accepted report re solution to the
flooding problem which has existed on the
property.
RESOLUTION NO. 5822 - RESCINDING RESOLUTION
NO. 5819 (AUTHORIZING THE PURCHASE OF PUB-
LIC WORKS VEHICLES UTILIZING EQUIPMENT
REPLACEMENT FUNDS) (Authorizing staff to
prepare new specifications based upon
lower gross vehicle weight, standard trans-
missions & hydraulic brakes)
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
7. PUBLIC HEARING - REQUEST FOR DESIGNATION OF PROPERTY AS HISTORICAL LANDMARK, UNDER AUTHORITY
OF CHAPTER 2.18 OF THE SAN RAFAEL MUNICIPAL CODE; 1505 FIFTH AVENUE; AP 11-202-06; CAESAR P.
AND MARGARET I. BETTINI, OWNERS - File 13-14-2
Acting Mayor Jensen declared the public hearing opened. There being no public input, the
public hearing was declared closed.
RESOLUTION NO. 5823 - DESIGNATING 1505 FIFTH AVENUE AS AN HISTORICAL LANDMARK
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
8. REPORT ON APPLICATIONS FOR POLICE COMMISSION - File 9-2-28
Council reviewed the staff report indicating that there are ten applications for appointment
to the Police Commission, and suggesting that a date be set for interviewing the applicants.
After discussion, Council set Wednesday, January 9, 1980, from 4:30 to 6:00 PM for interviews,
and asked staff to inform the applicants.
City Manager Bielser then informed the Council that an application from L. "Tad" Alvord was
received twenty-four hours late and asked their opinion on considering it. The Council agreed
that, since they have always considered the cutoff date for application as being firm, they
would adhere to that policy and not consider Mr. Alvord's application.
9. PROGRESS REPORT ON PARAMEDIC PROGRAM IMPLEMENTATION - File 9-3-31
Council heard a report from Fire Chief Marcucci, indicating that the Paramedic Program should
be operational as of January 1, 1980. He stated that Kaiser Hospital will be the base hospital,
but may not be ready to accept the Paramedics on January 1st because they have not yet received
the specialized electronic gear which is necessary to communicate with the Paramedics. The
equipment is expected in late January, or possibly February. Meanwhile, Ross Hospital will be
used in the interim. Paramedics are presently being trained by the Novato Fire Department.
Councilmember Breiner suggested that publicity be given to the program so people will know
when the program will be available.
254
10. AGREEMENT WITH PRIVATE SECTOR AMBULANCE COMPANY FOR PARAMEDIC SERVICE, AREA B - File 4-10-131 x
9-3-31
Fire Chief Marcucci briefed the Council on the necessity for an agreement for ambulance service
for non -paramedic calls. Councilmember Breiner asked who would make the determination as to
which calls were Paramedic and which were not. Fire Chief Marcucci responded that the physician
on duty at the base hospital will make such determination.
After staff reviewed all of the proposals received, Bay Cities Ambulance Company of San Anselmo
was recommended by Chief Marcucci as meeting all of the criteria. It was also recommended that
the City Manager be requested by Council to finalize an agreement with Bay Cities for Council
approval, to include a $150 charge per call for nonresidents.
Councilmember Breiner moved and Councilmember Nixon seconded, to approve staff recommendation
that the City Manager proceed to finalize an agreement with Bay Cities Ambulance Company and
that the $150 per call charge by Bay Cities for nonresidents be established.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
11. FINAL ADOPTION - ORDINANCE NO. 1358 - AMENDING CHAPTER 5.40 "STOPPING, STANDING AND PARKING"
OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING SECTION 5.40.220 THERETO Re: Meter Feeding -
■m
CHARTER ORDINANCE NO. 1358 - Amending Chapter 5.40 "Stopping, Standing and Parking" of the San
Rafael Municipal Code by Adding Section 5.40.220 Thereto (Re: Meter Feeding), was adopted as an
Ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None r
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
12. PARKING MATTERS: File 11-18
a. Proposed Revision to Municipal Code - Chapter 5.60 (Parking Meters)
Public Works Director Caillouette explained to the Council that this proposed Ordinance had been
intended as an Urgency Ordinance so that its provisions could go into effect immediately and
thereby streamline the parking meter operations. However, since four votes are required for an
Urgency Ordinance and that is not possible at this meeting, a regular Ordinance is recommended.
Procedure, therefore, will not be effective until February.
An Ordinance of the City of San Rafael, Repealing and Reenacting Chapter 5.60 (Parking Meters)
of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1359, was read, intro-
duced, and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
b. Revision to Parking Meter Time Limits - Downtown Area
Adoption of the three Resolutions involved was deferred until the Ordinance just passed to print
becomes effective, in February of 1980.
13. CANCELLATION OF CITY COUNCIL MEETING OF DECEMBER 17, 1979 - File 9-1
Council agreed to cancel the meeting of December 17, 1979, because of lack of a quorum. Staff
was requested to assure that appropriate notices were posted, and that the newspapers are
notified.
14. DISCUSSION OF CENTRAL SAN RAFAEL SOUTHBOUND ON-RAMP - File 9-3-40 (Verbal)
Councilmember Breiner suggested improvements be made to the southbound on-ramp to Highway 101
at Second and Netherton, to help in alleviating traffic congestion. Council referred the matter
to Public Works Department to study, and asked for a report before Public Works contacts
Cal -trans.
15. URGENCY ORDINANCE AMENDING SECTION 2.16.028 "REGULATION OF USE OF PARK AND/OR RECREATION
7:1:77
- r 1 1 e l,�-
It was not possible to adopt an Urgency Ordinance due to lack of four votes.
An Ordinance of the City of San Rafael Amending Section 2.16.028 "Regulation of Use of Park
and/or Recreation Facilities" of the San Rafael Municipal Code by Adding Subsection (27)
Thereto (Reducing Park Violations from Misdemeanor to Infraction), and numbering Charter
Ordinance No. 1360 was read, introduced, and ordered passed to print by the following vote,
to wit.
255
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
ADD ITEM
SUBSTITUTIONS OF POSITIONS - POLICE DEPARTMENT - File 7-4 x 9-3-30
Council considered a staff report, recommending that the Council authorize the filling of a
Captain's position in the Police Department which had been deleted as an economy measure to
reduce the administrative structure in the department. The report indicated that the depart-
ment would operate more effectively by reinstating the Captain's position and eliminating a
Lieutenant's position.
Councilmember Breiner moved and Councilmember Nixon seconded, to approve staff recommendation
to reinstate a Captain's position and delete a Lieutenant's position.
AYES: COUNCILMEMBERS: Breiner, Nixon and Acting Mayor Jensen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen and Mayor Mulryan
Council adjourned to Executive Session to discuss property acquisition.
ANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 19 �6
� Q
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In Room
201 of the
San Rafael
City Hall, Friday,
December 21,
1979, at
3:00 PM.
Joint Meeting: Present: Jack G. Nixon, Agency Chairman/Councilmember
Redevelopment Agency Dorothy L. Breiner, Agency Member/Councilmember
and City Council Fred E. Jensen, Agency Member/Councilmember
Lawrence E. Mulryan, Agency Member/Mayor
Absent: John A. Miskimen, Agency Member/Councilmember
Also Present: William J. Bielser, Executive Director/City Manager;
Jeanne M. Leoncini, Agency Secretary/City Clerk;
William T. Bullard, Jr., Asst. Agency Attorney/Asst. City Attorney
REDEVELOPMENT AGENCY
CONSENT CALENDAR
Member Breiner moved and Member Mulryan seconded, to approve the recommended action on the
following consent calendar item:
Item
1. Authorizing Amendment to Agreement with
Kuykendall et al (Warsen/Pearson Site) -
File R-46
Recommended Action
RESOLUTION NO. 79-63 - AUTHORIZING AMENDMENT
TO AGREEMENT WITH KUYKENDALL, CHATHAM, AND
WOODSON FOR CALTRANS LEASE PAYMENT AND TO
INCREASE PURCHASE PRICE (Providing 1) Payment
of CALTRANS lease be pro rated to date escrow
closes w/The San Rafael; and 2) Purchase price
increases from $480,000 to $490,000
AYES: MEMBERS: Breiner, Jensen, Mulryan and Chairman Nixon
NOES: MEMBERS: None
ABSENT: MEMBERS: Miskimen
2. DISCUSSION OF MORTGAGE REVENUE BONDS - File R-168
After discussion, Member Mulryan moved and Member Breiner seconded, to adopt a resolution to
authorize the sale of up to an amount of $30,000,000 Residential Mortgage Revenue Bonds, to
256
subsidize the cost of financing a single family residential program, with the first of such
series of bonds to be in an amount not to exceed $15,000,000.
At the suggestion of Member Jensen, resolution wording was amended to delete reference to
Executive Director and place authority with the Agency instead.
RESOLUTION NO. 79-64 - RESOLUTION AUTHORIZING SALE OF RESIDENTIAL MORTGAGE REVENUE BONDS
AYES: MEMBERS: Breiner, Jensen, Mulryan and Chairman Nixon
NOES: MEMBERS: None
ABSENT: MEMBERS: Miskimen
3. REPORT ON DE LONG PROPERTY - File R-161
Agency accepted a staff report and agreed that no action is required at this time. The outcome
of the lawsuit should be known within twenty to thirty days.
CITY COUNCIL
CONSENT CALENDAR
Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action
on the following consent calendar items:
Item
5. Agreement with Bay Cities Ambulance
Company for Basic Life Support Ambu-
lance Service - File 4-10-131 x 9-3-31
6. Resolution Agreeing to Property Tax
Distribution Between City and County
Upon Annexation - File 5-2 x 9-12
Recommended Action
RESOLUTION NO. 5825 -AUTHORIZING THE SIGNING
OF A CONTRACT, LEASE OR AGREEMENT (W/Bay Cities
Ambulance Co.)
RESOLUTION NO. 5826 - AGREEING TO PROPERTY TAX
DISTRIBUTION FORMULA BETWEEN CITY & COUNTY IN
EVENT OF ANNEXATION (Formula of 32.9%)
7. Resolution of Commendation Upon Retire- RESOLUTION NO. 5827 - RESOLUTION OF APPRECIATION
ment - Walter F. Mick - File 102 (To Walter F. Mick) (30 years of service)
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
4. AGREEMENT WITH COUNTY OF MARIN RE ADVANCED LIFE SUPPORT AND BASIC LIFE SUPPORT EMERGENCY
AMBULANCE SERVICE - File 4-13-56 x 9-3-31
Mayor Mulryan spoke of a problem which has come up regarding provision of Paramedic service
to Marinwood. The ballot measure which was approved by the Marinwood voters in November 1979
authorized the Marinwood CSD to charge $12 per year for each dwelling unit for Paramedic ser-
vice. However, the Marinwood CSD Board has decided not to levy such an assessment. Instead,
it has requested the City to provide the service on an on-call basis, which the City will not
do as it would not be cost effective.
City Manager Bielser mentioned there might be a problem with the County certifying the Para-
medic Program if we do not provide service to the entire Zone B area, which includes Marinwood.
After discussion, Council agreed to go forward with the program and that a strongly worded
letter be sent by City Attorney to Marinwood CSD Board to resolve the problem of financing
Paramedic service for their area, with a copy of the letter to be sent to County Health
Officer Dr. Theodore Hiatt.
RESOLUTION NO. 5824 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(W/County of Marin re Advanced Life Support & Basic Life Support
Emergency Ambulance Service)
AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miskimen
Fire Chief Marcucci was asked to furnish the Council with a report for their review, on
response of emergency vehicles.
The City Council adjourned to Executive Session to discuss property acquisition.
ANNE M. LEONCINI, C'ty Clerk
APPROVED THIS 7 th DAY OF Latu. 19
OR OF THE CITY OF SAN RAFAEL
MAY
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