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HomeMy WebLinkAboutMinutes 1977-1981 pt. 525` In the Council Chambers of the City of San Rafael, Monday, January 7, 1980, 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 RECOGNITION OF PARAMEDICS Chief Marcucci informed the City Council that in the seven days since the Paramedic Program commenced there have been 35 life-saving calls. Chief Marcucci introduced Paramedics Terry Barday, Chris Desmond, Kevin Spiller, and Steve Takemoto, and reported that the other two Paramedics, Keven Spellman and Brent Mone, were out on a Paramedic call. Dr. Theodore Hiatt, Marin County Health Officer, presented a Certificate of Achievement to the Paramedics in recognition of their passing the test after receiving their Paramedic training. Mayor Mulryan then presented the Paramedics with their badges. Councilman Miskimen asked about publicity, and Chief Marcucci stated that there has been ample notification and that the fact that there were 35 calls in seven days was evidence that the public is aware of the program. Mayor Mulryan asked about the use of stickers with the tele- phone number to call, and Chief Marcucci replied that he has ordered 10,000 stickers with emergency numbers. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of November 19 & December 3 & 21, 1979 Meetings 2. Claim for Injuries - Olive Squeri - File 3-1-438 (PW) 3. Claim for Injuries - Annette Heller - File 3-1-447 (PW) 4. Claim for Damages - Louis Schandler - File 3-1-448 (PD & PW) 5. Claim for Damages - Jose M. Bravo - File 3-1-450 (PD & PW) 6. Claim for Damages - Jesus Medina - File 3-1-451 (PD & PW) 7. Claim for Damages - Walter L. Sprague - File 3-1-459 (PD & PW) 8. Proposed Moratorium on Library Fines - February 11 - 16, 1980 - File 9-10-2 x 9-3-61 10. Resolution Authorizing City to Apply For and Accept Federal Library Services and Construction Act Funding for 1980/81 - File 9-3-61 12. Grant of Right -of -Way to City - East Francisco Boulevard - File 2-2 13. Extension of Time - Seastrand Sub- division - File 5-1-242 Recommended Action Approved Minutes of Regular & Special Joint Meetings of November 19, Regular Meeting of December 3, and Special Joint Meeting of December 21, 1979. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved staff recommendation. RESOLUTION NO. 5828 - AUTHORIZING CITY OF SAN RAFAEL TO APPLY FOR AND ACCEPT FEDERAL LIBRARY SERVICES AND CONSTRUCTION ACT FUNDING FOR 1980/81 RESOLUTION NO. 5830 - ACCEPTING CONVEYANCE OF ADDITIONAL STREET RIGHT-OF-WAY, EAST FRANCISCO BOULEVARD, SAN RAFAEL, CALIFORNIA (Grant Deed from John Rossi, Jr., 807 East Francisco Blvd., & $12,000 deposit for adjacent frontage improvements) RESOLUTION NO. 5831 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK. IN THE SEASTRAND SUBDIVISION, SAN RAFAEL, CALIFORNIA (Thru May 20, 1980) 258 14. Acceptance of Deed - Nunes Open Space Proposal - File 2-1-51 x 13-14-1 15. Resolution of Appreciation - Robert A. Cooper, Puppeteer - File 102 16. Resolutions re Proposed Recreation Department Program Contracts - Classes to be held at Falkirk Pilo Q_7_7a 18. Bid Opening - Award of Contract for Two Meter Enforcement Vehicles - File 4-2-147 19. Appeal of Planning Commission Decision, by Piombo Bros. - Lot Line Adjustment, 2175 Francisco Blvd. - File 10-2 21. Report on Emergency Sanitary Sewer Service by Roto -Rooter - File 9-3-40 22. Communication re Open Space Easement - Mann Property, Country Club - File 2-2 23. Urgency Ordinance Amending Title 6 of the San Rafael Municipal Code by Adding a New Section 6.10.030 (Leash Law - Reinstatement of) - File 13-3 RESOLUTION NO. 5832 - RESOLUTION OF AC- CEPTANCE OF ONE-THIRD (1/3) INTEREST IN REAL PROPERTY (Fifth Parcel, Nunes Property, Parcel "E") (CSA 23) RESOLUTION NO. 5833 - RESOLUTION OF AP- PRECIATION (To Robert A. Cooper, Puppeteer with Community Relations Unit of San Rafael Police Department) Adopted the Following Resolutions: No. 5834 - Jessica Green, Calligraphy for Kids; Cele Hanzel - Photo Silkscreen; Michael B. Knowlton, Pastels/Acrylics; Bruce Koren, Graphic Design; Allen Bronstein, Portraitures in Color; Carol Levy, the Print & Printmaker; Joan DeBruyn, Cloth Creations; Donna Lazarus, Drawing; Doug Neecke, Photography for Kids. No. 5835 - Sally Bloomberg, Creating for Fun; Dorathy Eastman, Oil/Acrylic; Janell Moon, Multi -Media; Marian Brannan, Hand- writing Analysis; Gail VanDyke, Sculpture for Kids; Thea Evensen, Calligraphy for Adults; Sally Lewis, Pulp to Paper; Jay Daniel, Photography for Artists; Vicki Brennan, Multi -Media. No. 5836 - David Ralston, Playing with Paper; Susan Brenner & Judi Konnerth Ellish, Words & Images/Feminist Prospec- tives. RESOLUTION NO. 5844 - AUTHORIZING THE PURCHASE OF POLICE METER ENFORCEMENT VEHICLES UTILIZING PARKING DISTRICT FUNDS (To Golden Bear Equipment Co. of Berkeley, $8,173.13 low bid) Set Public Hearing for January 21, 1980. Roto -Rooter authorized to continue service through end of Fiscal Year (6/30/80) at which time matter will again be evaluated. Referred to Planning Commission. URGENCY ORDINANCE NO. 1361 - AMENDING TITLE 6 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 6.10.030 (LEASH LAW) Urgency Ordinance adopted. 24. Sale of Surplus Property - East San Referred to Planning Commission. Rafael Assessment District (Request by Fred Grange) - File 2-7 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. PROPOSED POLICY OF NOT COLLECTING OVERDUE BOOK FINES FOR SENIOR CITIZENS - 9-10-2 x 9-3-61 Council reviewed a staff recommendation that there be a policy of no payment for overdue fines for Library patrons who are senior citizens, as an expression of recognition of the monetary difficulties being experienced by older patrons who live on a fixed income. Councilmember Breiner stated she felt it would be a patronizing gesture, and should not be an overall policy. She felt it might be worked out on an individual basis for needy people. Councilmember Breiner moved and Mayor Mulryan seconded, to not adopt the policy of not collect- ing overdue book fines for senior citizens. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: None 259 11. ADOPTION OF FIVE-YEAR FEDERAL -AID URBAN PROGRAM - File 4-10-66 x 11-15-1 Council questioned Public Works Director Caillouette regarding the proposed Resolution adopting the Five-year Federal -Aid Urban Program, and he explained that with the adoption of this Resolu- tion the City will go on record as objecting to the fact that the Lincoln Avenue/Merrydale Road project has not been given a high enough priority. Staff felt that it should not have a lower priority than the Ignacio/Highway 101 project in Novato. RESOLUTION NO. 5829 - RESOLUTION APPROVING THE 1980/81 FIVE-YEAR FEDERAL -AID URBAN PROGRAM AS RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE (W/Amendment re Lincoln Ave./Merrydale Rd. Project) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. RESOLUTIONS RE PROPOSED RECREATION DEPARTMENT PROGRAM CONTRACTS - CLASSES TO BE HELD AT VARIOUS LOCATIONS - File 4-10-111 Councilmember Breiner inquired about transportation for participants in classes held outside the City, making reference to the ice skating lessons to be held at Raydine's in Corte Madera. City Manager Bielser explained that participants in such classes provide their own transportation, and added that no classes are held outside the City unless there is no such facility within the City as in the case of ice skating. Councilmember Nixon then moved and Councilmember Miskimen seconded, to adopt the following Resolutions to authorize the Mayor and City Council to sign contracts: No. 5837 - Raydine's Ice Skating for Ice Skating Lessons. No. 5838 - Susan Dubin, Arts & Crafts. (Cancelled due to emergency) No. 5839 - Lenore Scott, Musical Theater Workshop & San Rafael Theater Workshop No. 5840 - Susan Barenboim, Tiny Tot & Childrens Cooking and Crafts No. 5841 - Sandy Boyd, Stained Glass Class No. 5842 - Jerry Bies, Tai Chi Chuan Classes No. 5843 - American Red Cross, First Aid Classes and Cardio -Pulmonary Resuscitation Classes AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. COMMUNICATION RE UNEMPLOYMENT INSURANCE FUNDING - File 7-1-28 Council reviewed a staff report recommending that the City drop out of the Public Entity Em- ployees' Fund effective January 1, 1980, and go on a reimbursement basis. The reason this is being recommended by Finance Director Coleman is because a review of the program showed that we have a surplus in the fund and it does not appear that the City will be facing a mass layoff such as was feared because of Proposition 13. Mr. Coleman further stated that the reimbursement method will allow the City to keep the money presently in the fund until the State of California submits a bill, which should allow the City to earn more interest on the money. The funds will be returned to the City with interest after the payment of all claims which involve 1978 and 1979 employment years. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the staff recom- mendation that the City drop out of the Public Entity Employees' Fund effective January 1, 1980, and go on a reimbursement basis. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. PUBLIC HEARING - REQUEST FOR DESIGNATION OF PROPERTY AS HISTORIC LANDMARK, UNDER AUTHORITY OF CHAPTER 2.18 OF THE SAN RAFAEL MUNICIPAL CODE; 333 "G" STREET: AP 11-151-30; RICHARD AND CAROL PONZIO, PROPERTY OWNERS - File 13-14-2 Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. RESOLUTION NO. 5845 - RESOLUTION OF THE CITY COUNCIL DESIGNATION 333 "G" STREET AS AN HISTORICAL LANDMARK AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. SET DATE FOR INTERVIEWS FOR: a. Mobile Home Park Advisory Committee - File 9-2-29 260 Council agreed to interview the sole qualified applicant for the unbiased, independent position on the Mobile Home Advisory Board on January 9, 1980, immediately preceding the interviews for the Police Advisory Commission applicants. b. Marks -Foran Rehabilitation Loan Program Citizens' Advisory Committee - File 9-2-30 Council agreed to interview the four applicants for the Committee, commencing at 7:00 PM on Monday, January 21, 1980. 27. APPOINTMENT OF REPRESENTATIVE TO MARIN-SONOMA MOSQUITO ABATEMENT DISTRICT BOARD - File 9-2-9 Councilmember Jensen moved and Councilmember Miskimen seconded, to appoint applicant John A. Govi to the Marin -Sonoma Mosquito Abatement District Board, for a two-year term ending December 31, 1981. Mr. Govi succeeds Mr. Norris M. Rawles, whose term expired December 31, 1979. 28. FINAL ADOPTION - ORDINANCE NO. 1359 - REPEALING AND REENACTING CHAPTER 5.60 (PARKING METERS) OF THE SAN RAFAEL MUNICIPAL CODE - File 11-18 CHARTER ORDINANCE NO. 1359 - An Ordinance of the City of San Rafael Repealing and Reenacting Chapter 5.60 (Parking Meters) of the San Rafael Municipal Code, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 5846 - ESTABLISHING PARKING METER RATES, SAN RAFAEL, CALIFORNIA (Five cents for thirty minutes parking time) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. FINAL ADOPTION - ORDINANCE NO. 1360 - AMENDING SECTION 2.16.028 "REGULATION OF USE OF PARK AND - riie 1Z - CHARTER ORDINANCE NO. 1360 - 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), 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 30. REPORT ON CENTRAL SAN RAFAEL SOUTHBOUND ON-RAMP TO HIGHWAY 101 - File 11-16 x 9-3-40 Councilmember Breiner discussed the problem of the conversion lanes for southbound traffic on Highway 101 when merging with San Rafael traffic. Mayor Mulryan stated there could be improve- ment in the synchronization of the traffic lights on Hetherton Street leading to the off -ramp. After discussion Councilmember Breiner stated that she would like to have a letter go to Cal- trans to see if they could offer a solution to the congestion at that point, and upon Council concurrence staff was directed to do so. 31. REPORT ON ENERGY CONSERVATION PROGRAM - ADOPTION OF UNIFORM SOLAR ENERGY CODE - File 180 x 1-6-8 Council reviewed a report from Public Works Director Caillouette'in which he outlined energy conservation measures including modifying the City Hall lighting to provide energy-saving light globes, adjusting of the hot water boiler, and maintaining inside levels at the recommended temperatures. In other areas, a two-year street light conversion program has been initiated with PG & E to convert existing mercury vapor lamps to high pressure sodium. Staff members are being urged to car pool, and certain staff members have been allowed flexibility in their work hours in order to coordinate with scheduled public transportation. After discussion of various other recommendations by staff and by the Council, staff was directed to take the following action: Conduct an energy audit of all City -owned buildings (estimated equipment cost $500+); investi- gate conversion of Terra Linda swimming pool to solar energy; investigate the possibility of implementation of a "Retrofit" ordinance for Council consideration; investigate, with help of consultants, the full range of energy conservation projects and determine what work should be considered; include in the determination the use of City vehicles. Staff was also requested to look into the possibility of grant funds for energy programs. The possible upgrading of City Hall heating controls is also to be explored. Council agreed to ask staff to set a public hearing on adoption of the Uniform Solar Energy Code. Hearing was set for Monday, January 21, 1980. 261 32. RATE INCREASE PROPOSAL - MARIN SANITARY SERVICE - File 4-3-32 Item deferred to meeting of January 21, 1980 at request of Albert Bianchi, attorney representing Marin Sanitary Service. 33. REQUEST FOR EXTENSION OF TIME - NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3 - File 5-1-220 Public Works Director Caillouette reported to the Council that the Northgate East Development has been going on since December 1973. At that time the City entered into an agreement with Arthur Nicolaisen for construction of a three phase project involving frontage improvements, roadway construction, and landscaping. Phase I work was completed, but Phases 2 and 3 have not been completed, and the developer is asking for another year's extension. Staff's recommendation is that they be directed to call upon the developer's bonding company to complete the remaining work under Phases 2 and 3. After hearing from Mr. Nicolaisen, who indicated he would try to work out problems with the adjacent property owner, Mr. Ray Kuratek, Councilmember Breiner moved and Councilmember Miskimen seconded, to continue the item to the meeting of January 21, 1980 and that meanwhile the staff would meet with Messrs. Micolaisen and Kuratek in an attempt to find a solution to their problem. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 34. PROPOSED UTILITY UNDERGROUNDING PROJECT - IRWIN STREET BETWEEN THIRD AND FOURTH STREETS - File 4-4 R-71 x12-18 Council reviewed a letter from HUT Properties, Fourth & Irwin Streets, developers of a project on the East side of Irwin Street at Fourth. Hut Properties are proposing that the PG & E underground the electric lines on Irwin Street between Third and Fourth streets, with HUT Properties paying approximately $12,000 for the digging and refilling of a trench and re- placing the sidewalk, and the City paying the remaining cost, approximately $13,000, using Rule 20 funds, Redevelopment funds, or the General fund. Staff recommended acceptance of the proposal, since it would represent a substantial saving to the City as well as enhancing the area. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the proposal and authorize $13,000 of Rule 20 funds from the East Francisco Boulevard Project be used. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 35. DISCUSSION OF PARKING METER HOLIDAYS - File 11-18 x 9-1-2 In response to an inquiry from Councilmember Breiner, staff prepared a list of all parking meter holidays presently in effect, with the added notation that when any of the regular holidays falls on a Sunday, the Monday following that Sunday shall be observed as a holiday, and that whenever one of the holidays falls on a Saturday the Friday before that Saturday shall be observed as a holiday. This is covered in Section 5.04.020 of the San Rafael Municipal Code. No action was taken. 36. DISCUSSION OF SERVING WARRANTS THROUGH THE MAIL - File 9-3-30 Councilmember Breiner stated that she had this item placed on the agenda to determine how warrant serving is handled and determine if there would be a more cost effective method. It was suggested that perhaps sending the warrants by certified mail with return receipt would produce more results. After discusssion, Police Chief Benaderet was asked to conduct a cost study to determine the most cost effective method of serving warrants, and report back to the Council at the February 4, 1980 meeting. 37. DISCUSSION WITH GOLDEN GATE BRIDGE DISTRICT RE COMMUTER PARKING PROBLEMS - File 112-2 (Verbal) Councilmember Breiner reported that she has been concerned with the lack of parking for individ- uals who take the bus only occasionally, or go in to San Francisco late in the day. She men- tioned that the Golden Gate Bridge District has started some "Park & Ride" lots in Lucas Valley and Mill Valley, and wondered if there is an area within San Rafael where one could be developed. City Manager Bielser stated that the Viaduct parking lot, while fully rented, is never more then 60% full, and he recommended that the Council consider issuing permits for the Viaduct lot without having assigned spaces. He also suggested the possibility of ten-hour parking meters in the City's parking lot at Second Street and Grand Avenue, which is now renting spaces on a monthly basis. 262 Item was continued to January 21, 1980 for further discussion. 38. COMMUNICATION RE NEWSPAPER STAND UNDER VIADUCT - File 185 (R-171) Council considered a request from Hohammad Banai for permission to rent the area under the Viaduct where the kiosk formerly was located, in order to have a small newspaper stand at which he would also sell bus tickets, magazines, cigarettes and possibly floers. His proposal also includes building a redwood structure where the "umbrella" now 7stands. Staff recommended against it, feeling it was not needed. Joan Brown, Coordinator of Volunteers at the Civic Center, spoke on Mr. Banai's behalf, report- ing on his years of volunteer work for the County, and the fact that this would be an opportu- nity for a family business and a service to the community. Councilmember Nixon moved and Councilmember Breiner seconded, to approve the rental by Mohammad Banai of the property under the Viaduct for the purpose of conducting a newsstand business. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 39. COMMUNICATION FROM ATTORNEY GENERAL RE HOUSING CODE ENFORCEMENT - File 9-3-19 x 9-3-17 Council reviewed a letter from the State Attorney General in which he requested that local governments commerce a vigorous program of code enforcement designed to eradicate any in- stances of unsafe or unsanitary rental housing which may exist in the local jurisdiction. Council and staff then discussed the duties of the Code Enforcement Officer for the City, and whether it would be possible for him to add these inspections to his present workload. Council asked staff to bring back to the January 21, 1980 meeting a report on the feasibility of the Code Enforcement Officer assuming the additional duties. 40. COMMUNICATION RE ENERGY PLANNING - File 180 A communication from Marin Citizens for Energy Planning was reviewed by the Council, in which they offered their services to assist Marin's cities with energy related code and process revisions. Staff was directed to contact the Marin Citizens for Energy Planning, to see if they can be of assistance in the Energy Program for the City. 41. REQUEST FOR APROVAL TO MAKE REPAIRS ON PRIVATE PROPERTY RE CLAIM FOR DAMAGES - CHARLES E. WARREN - File 3-1-458 Council reviewed a recommendation of Public Works Director Caillouette, that the City pay the cost of repairs to private property at 111 Windsor Avenue, damaged as a result of overflow of storm drainage water from Windsor Avenue. The report states that although the blockage in the storm drain (consisting of rolled -up newspapers) was in no way the fault or responsibility of the City, there nevertheless has been damage to private property which was not the fault of the property owner. Mayor Mulryan asked if the City would be admitting liability if it paid for the repairs and Mr. Caillouette replied that the City would not admit liability, and that R. L. Kautz Co. would work closely with Public Works in that regard. He stated that by paying for the work the City would have control over the work. The estimate for repair is $5,000. After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to pay one-half of the cost, which would be an estimated amount of $2,500. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EXECUTIVE SESSION 42. The Council adjourned to Executive Session. File 7-4 Following Executive Session, the Council reconvened and Councilmember Jensen moved and Mayor Mulryan seconded, to approve empowering the City Manager to allow employees of the City to convert vacation accrual to cash when he determines it is in the best interest of the City to do so. The City Council adjourned to their special meeting on January 9, 1980 for the purpose of interviewing applicants for the Mobile Home Park Advisory Committee and for the Police Advisory Commission. 263 J NE M. LEONCINI, City Clerk APPROVED THIS 11V DAY OF 1913 t C MAYOR OF THE CITY OFAN RAFA L *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Wednesday, January 9, 1980, at 4:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk 1. INTERVIEW OF APPLICANT FOR MOBILE HOME PARK ADVISORY COMMITTEE - File 9-2-29 Applicant Roselyn Abrell was unable to attend interview due to illness in family. Council agreed to reschedule her interview for 7:00 PM on January 21, 1980, prior to the regular City Council meeting. 2. INTERVIEWS OF APPLICANTS FOR POLICE ADVISORY COMMISSION - File 9-2-28 Council interviewed nine applicants as follows: Jack Garner, Jack Sumski, Silvio Bianchini, John Semorile, George Obana, Donn Nissen, Mary Gassaway, Ronald MacMillan, and Vernon Burns. Each applicant was informed that a background check would be made on all those appointed to the Commission. No one objected to this requirement. One additional applicant, David Rawlinson, could not make the interview because of a business commitment; however, he indicated he still wished to be considered. Council then agreed to interview David Rawlinson before making a final decision. Staff was directed to contact Mr. Rawlinson to ask that he attend a special Council meeting at 4:00 PM on Thursday, January 17, 1980, for interview. The City Council adjourned to a Special Joint Meeting with the San Rafael Redevelopment Agency at 4:00 PM on January 17, 1980. ANNE M. LEONCINI, City Clerk APPROVED THIS Z�a DAY OF 19 $17 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Thursday, January 17, 1980, at 4:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member 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 264 CITY COUNCIL 1. INTERVIEW OF APPLICANT FOR POLICE ADVISORY COMMISSION - File 9-2-28 David Rawlinson was interviewed by the Council, and was informed that a background check would be made on him. Mr. Rawlinson had no objection. After discussion, the Council unanimously agreed to appoint the following individuals to the Police Advisory Commission: Mary Gassaway Ronald A. MacMillan Donn E. Nissen George Obana David Rawlinson REDEVELOPMENT AGENCY 2. EXECUTIVE SESSION The Redevelopment Agency met in Executive Session to discuss property acquisition. The City Council adjourned to a Special Meeting at 7:00 PM on January 21, 1980. The Redevelop- ment Agency adjourned to their next regular meeting on January 21, 1980. 4CANNE M. LEONCINI, City Clerk APPROVED THIS+h DAY OFZ;E , 1990 61 MAYOR OF THE CITY OF SA RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Monday, January 21, 1980, at 7:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk 1. INTERVIEW OF APPLICANT FOR MOBILE HOME PARK ADVISORY COMMITTEE - File 9-2-29 Council interviewed Roselyn C. Abrell, applicant for the independent, unbiased member of the Mobile Home Park Advisory Committee. Council agreed unanimously to appoint Mrs. Abrell to the Committee. 2. INTERVIEWS OF APPLICANTS FOR MARKS-FORAN REHABILITATION LOAN PROGRAM CITIZENS' ADVISORY COMMITTEE - File 9-2-30 Council then interviewed the four applicants for the Marks -Foran Rehabilitation Loan Program Citizens' Advisory Committee, and unanimously agreed to appoint the four individuals to the Committee, as follows: Maureen M. Bennett Bruce A. Fletcher Stephen M. Patterson Abraham L. Yang The Council then called for applications for one additional committee member, who must be a renter, either of a single family residence or a multi -occupancy residence. The City Council adjourned to their regular meeting to follow, at 8:00 PM in the Council Chambers. 265 JEANNE M. LEONCINI' City Clerk APPROVED THIS T � DAY OF-13�J , 19 a 0 G, MAC� WY—OR OF THE CITY OF SAN RA AEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, January 21, 1980, 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 CONSENT CALENDAR Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Claim for Damages - James W. Good, MD, et al - File 3-1-446 (PW) 2. Claim for Damages - Bill Kerr - File 3-1-449 (PW) 3. Claim for Damages - Helen Luck - File 3-1-452 (PW) 4. a. Resolution Ratifying Execution of Paramedic Service Agreements w/County Service Areas 13 & 19 (Re Basic Life Support & Advanced Life Support Emergency Ambulance Service) b. Resolution Authorizing Signing of Agreement w/Marinwood CSD re Advance Life Support Emergency Ambulance Service - File 4-13-56 x 9-3-31 5. Recommendations of Planning Commission: a. Mann Property - File 2-2 b. Grange Request for East San Rafael Assessment District Surplus Property - File 2-7 Recommended Action Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5848 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Paramedic Service Agreements w/County Service Areas 13 & 19) RESOLUTION NO. 5849 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/Marinwood CSD re Advance Life Support Emergency Ambulance Service) Approved Planning Commission Recommenda- tions: Mann Property, that open space easement should be left only if subdivision action included dedication in fee simple to City of all property outside the sub- division action. Grange Request, property not to be sold at this time due to possible future use as mitigation. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. AGREEMENT FOR DISPOSAL OF SPOILS - SPINNAKER POINT, UNIT TWO - File 4-10-132 x 12-10 (R-149 Council discussed the fact that the three-way agreement between Monumental Corporation, the Redevelopment Agency and the City of San Rafael had been approved in concept in July 1979 (SRCC Resolution No. 5715, SRRA Resolution No. 79-33) and is now coming before the Council for final approval. Public Works Director Caillouette informed the Council that the coordinator of work wants a meeting with the private property owners and the Council will be kept informed of the status of the private dredging matters. Councilmember Nixon moved and Councilmember Breiner seconded, to approve the three-way contract between Monumental Corporation, the Redevelopment Agency and the City of San Rafael as written. 266 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION, BY PIOMBO BROS. - s79-25 - LOT LINE ADJUSTMENT; 2175 FRANCISCO BLVD.; ROBERT H. GREENE, OWNER; R. L. THURMOND, REP.; AP 9-161-22 & 42 - File 10-2 Mayor Mulryan declared the public hearing opened. Attorney Herbert G. Hawkins, representing Piombo Bros., informed the Council that his clients are withdrawing their appeal of the Planning Commission decision regarding the lot line adjust- ment, but that they want to make clear for the record the fact that they are not waiving any of their easement rights or consenting to any abridgement thereof. There being no further input the public hearing was closed, without action. 8. PUBLIC HEARING - UNIFORM SOLAR ENERGY CODE - File 180 x 1-6-8 Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was closed. An Ordinance of the City of San Rafael, Amending Title 12 of the San Rafael Municipal Code by Adding Thereto Chapter 12.38 Entited, "Uniform Solar Energy Code", and numbering Charter Ordi- nance No. 1362, 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 9. PUBLIC HEARING - Z79-19 - PROPOSED ZONING CHANGE, 1741 LINCOLN AVENUE, PTN. OF COUNTY ASSESSOR'S PARCEL 11-064-05; FROM: R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO: R-4 TRANSIENT RESIDEN- - r1 ie lu- Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was closed. Councilmember Breiner moved and Councilmember Nixon seconded, to certify the Negative Declara- tion. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code, so as to Reclassify Certain Real Property from R-1 (Single Family Residential) District to R-4 (Transient Residential) District (1741 Lincoln Avenue), and numbering Charter Ordinance No. 1363, 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 10. COMMUNICATION FROM BRENT DICKENS RE DELAY OF NEIGHBORHOODS 13/14 PLAN - File 178 Council heard a presentation from attorney Wm. P. Lynch, Jr., representing a number of the property owners in Neighborhoods 13 & 14, who have undeveloped property. He stated that they did not receive the density figures until December and have not had time to prepare a response. They want an opportunity to develop their plans and submit them to the staff. Mr. Lynch stated that the site development plans would address the neighborhood concerns. Councilmember Miskimen asked Planning Director Meador if a public hearing has been set for the Neighborhood Plan, and Mr. Meador replied that it is scheduled for January 29th. Councilmember Miskimen then asked when the Plan would come to the Council if there is no need for a second meeting, and Mr. Meador replied that it would be ready for the Council by the end of February. Council then heard from property owners who are opposed to further delay in completion of the Plan, and from owners of undeveloped property who stated they need more time. Brent Dickens stated he felt that, given more time, the property owners could reach an agreeement. Council asked Planning Director Meador to recap the time table of the various hearings on the Plan, and he gave them a resume, commencing with the first meeting on October 18, 1979. Mr. Meador also assured the Council that there was adequate publicity, and copies of the plan available 24 hours a day, since copies were left with the Police Department for those who could not come in during the day. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the appeal for a delay of the Neighborhoods 13/14 Plan, and urge the owners of undeveloped property to work on their plans with the Planning Commission. 267 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Nixon left meeting) 11. RATE INCREASE REQUEST - MARIN SANITARY SERVICE - File 4-3-32 Council considered a request for a rate increase of 13% from Marin Sanitary Service effective January 1, 1980. Staff recommendation was that Council approve a 10% increase based on cost of living and on revenue of other local garbage companies. Attorney Albert Bianchi, repre- senting Marin Sanitary Service, said they would agree to the compromise figure of 10%. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve a 10% rate increase for Marin Sanitary Service effective January 1, 1980, with the Council's decision being based on material submitted. RESOLUTION NO. 5850 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/Marin Sanitary Service, Seventh Amendment to Agreement - 10% increase, effective January 1, 1980) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon (Councilmember Nixon returned) 12. VACANCY ON BOARD OF REVIEW - File 9-2-12 Council reviewed a staff report, indicating that one member is still needed for the Board of Review. Council requested that staff re -advertise the vacancy on the Board. 13. NORTHGATE EAST DEVELOPMENT - PHASES 2 AND 3 - File 5-1-220 After further review of the staff report on the Northgate East Development, Phases 2 and 3, Councilmember Breiner moved and Councilmember Miskimen seconded, to extend time for completion of improvement work on Phase 3 to December 3, 1980, with the extension not to be effective until the developer completes or pays the City for all remaining work on Phase 2. A further stipulation is that the developer must provide written consent of their surety company with increased surety bond as set by the Public Works Director. RESOLUTION NO. 5851 - RESOLUTION EXTENDING TIME FOR COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASE 3 (To December 3, 1980, w/conditions) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PARKING METER TIME LIMIT REVISIONS - File 11-18 RESOLUTION NO. 5852 - RESOLUTION CHANGING ONE-HOUR PARKING METER TIME LIMITS TO TWO-HOUR PARKING METER TIME LIMITS AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 5853 - RESOLUTION CHANGING TWO-HOUR PARKING METER TIME LIMITS TO TEN-HOUR PARKING METER TIME LIMITS AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen inquired of Traffic Engineer Gerth about designating or marking the ten- hour meters. Mr. Gerth replied that color coding of meters will be commenced shortly. Mayor Mulryan left the meeting. Vice -Mayor Jensen presided. 15. HOUSING CODE ENFORCEMENT - File 9-3-19 x 9-3-17 Council heard a presentation from Wm. Desmond, chief inspector for the County Health Department, in which he described their housing inspections for public health items. He stated that they are on target as far as their schedules are concerned. It was agreed by the Council that they would preserve the status quo with regard to enforcement of the housing code as it relates to multi -family dwellings, and continue to have inspections made by the County. 268 16. COMMUTER PARKING PROBLEMS - File 112-2 x 9-3-40 (Verbal) Public Works Director Caillouette reported that he had made a survey in response to a request by Councilmember Breiner, and has discussed several locations with Caltrans as suggested by Mrs. Breiner. The three principal areas are: The area around the Lincoln Avenue off -ramp, which is close to a bus stop; the area adjacent to Linden Lane just off Grand Avenue, which is owned by the State; and the area off Paloma Avenue which is fenced, and is a future lane right-of-way which could be used for interim parking. Mrs. Breiner added that she would like Mr. Caillouette to contact the Golden Gate Transit District (Mr. Kuykendall) with regard to the possibility of using the area adjacent to the transit yard where the No. 30 buses leave for San Francisco. (Mayor Mulryan returned. Councilmember Miskimen left meeting.) 17. DISCUSSION OF LIGHTING FACILITIES FOR NIGHTTIME RUNNING - File 9-3-65 At the request of Councilmember Breiner, Recreation Director Jauch prepared a staff study on the possible use of various areas for night running, with San Rafael High School track area being the most feasible. Staff suggested that the lighting be provided between 7:00 and 8:30 PM on Mondays and Wednesdays, at the San Rafael High School track on a temporary basis, commencing on Monday, January 28th, weather permitting. At the end of a three-week period the program would be evaluated. The funds for the lighting could be provided from the revolving fund for adult sports and adult gym accounts. Councilmember Breiner moved and Councilmember Nixon seconded, to approve a three-week trial period for the night running program. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: Miskimen 18. CONSIDERATION OF REACTIVATING THE BICYCLE ADVISORY COMMITTEE - 9-3-45 Councilmember Miskimen returned during the discussion) Council discussed, at the request of Councilmember Breiner, the advisability of reactivating the Bicycle Advisory Committee. Traffic Engineer Gerth was requested to review the old records of the Committee, and present a report at the February 4, 1980 meeting giving the background of the Committee and what could be accomplished by reactivating it. 19. COUNTYWIDE PLAN UPDATE - File 191 Councilmember Breiner informed the Council that the Countywide Plan Update Committee, with representatives from the cities and the County, is requesting a review of the draft of the transportation alternatives by the various planning commissions and city councils. Mrs. Breiner suggested that the Planning Commission review the draft at their January 22 meeting and the City Council discuss it at their February 4th meeting. The Council agreed to do so. 20. CITIZENS' ADVISORY COMMITTEE ON THE FUTURE OF SAN RAFAEL - File 9-2-31 Mayor Mulryan suggested the formation of a CAC to make an assessment of the needs and desires of the people of San Rafael. He asked for suggestions and comments from the Council on the desirability of forming such a committee, its possible size, composition and charter of responsibilities. Councilmember Miskimen suggested that holding one or more Town Meetings might be a way of attracting interested individuals and also bring forth thoughts of the future of San Rafael. It was agreed that the item be continued to the meeting of February 4, 1980, for further discussion. 21. COMMUNICATION FROM COUNTY OF MARIN RE ITEM PRICE MARKING ON CONSUMER COMMODITIES - File 186 Council reviewed a letter from the Marin County Board of Supervisors, enclosing a recently passed County ordinance requiring item price marking on consumer commodities. The Board of Supervisors urged that the cities of Marin County pass a similar ordinance. Councilmember Breiner moved and Councilmember Miskimen seconded, to request staff to set a date for public hearing on the matter. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM Council reviewed a request from the San Rafael Chamber of Commerce for permission to use the City parking lot on Third Street between "A" and "B" streets for their second market place on Sunday, May 4, 1980. The Chamber promised to fulfill any requirements of the City with regard to traffic, lot clearance, cleanup and possible bonding or insurance. 269 Council unanimously agreed to give the Chamber of Commerce permission to use the Third Street parking lot on Sunday, May 4, 1980 for a market place. The City Council adjourned to Executive Session to discuss pending litigation. EANNE M. LEONCINI, City Clerk APPROVED THIS �� DAY OF -"<:;K 19 LPO MAYOR -OF THE CITY OFSAN RAF EL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Wednesday, January 30, 1980, at 5:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: William J. Bielser, City Manager EXECUTIVE SESSION The City Council met in Executive Session to discuss hiring of personnel. No action was taken. A NE M. LEONCINI, City Clerk APPROVED THIS T2' DAY 0 , 198U 620.a.� C. MAYOR OF THE CITY OF SAN RA EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, February 4, 1980, 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 Also Present: William J. Bielser, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of: Regular Meeting of January 7, 1980 Special Meeting of January 9, 1980 Recommended Action Approved as submitted. 270 Special Joint Meeting of January 17, 1980 Special Meeting of January 21, 1980 Regular Meeting of January 21, 1980 Special Meeting of January 30, 1980 2. Claim for Damages - Sports Action Sales AKA Mike -Co. - File 3-1-473 (Rec.) 3. Approval of Final Map - Lodge Lane - File 5-1-258 4. Request for Use of San Rafael Hill for Easter Sunrise Services - File 4-10-133 5. Report on Proposed Fire Department Physical Fitness Program - File 9-3-31 6. Changing of Date for Second Meeting in February, Due to Holiday - File 9-1 8. Contract with Marin County Superintend- ent of Schools re Agreement for Film Library Services - File 4-7-15 9. Report on Service of Warrants Through Mail - File 9-3-30 Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5854 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "LODGE LANE" (End of Lodge Lane, adjacent to & westerly of Grove Street) RESOLUTION NO. 5855 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT (W/Rev. Reuben J. Sequeira, Pastor of Trinity Community Church re Use of San Rafael Hill for Easter Sunrises Services April 6, 1980) Report accepted; program approved. Set Tuesday, February 19, 1980 as date for meeting. RESOLUTION NO. 5856 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT (W/Marin Co. Superintendent of Schools Office for Film Library Services, contract to run from February 5, 1980 until cancelled. Nonrefundable amt. of $200 when contract begins; cost $6.00 per film, to be deducted from deposit during first year, until $200 worth of film used.) Accepted report on use of regular mail vs certified mail for service of warrants. Followup report to be made at March 3, 1980 meeting, when results of both types of mailings are known. 10. Fire Department Emergency Vehicles - Accepted report. Response Policies - File 9-3-31 AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 7. RECOMMENDATION RE PROCESSING OF DEVELOPMENT APPLICATIONS FOR: QUAIL RIDGE, 54 SAN PABLO AVENUE; - File 9-2-6 Mayor Mulryan had this item withdrawn from the consent calendar for discussion, and details on the Quail Ridge development. Planning Director Meador explained the ratio of town houses, single family units, and low income housing. Following discussion Councilmember Jensen moved and Councilmember Breiner seconded, to approve the staff recommendations regarding the two developments being processed to conclusion: 1) Quail Ridge to be subject to payment into the Terra Linda traffic improvements, and with pro- vision for below market rate housing within the general project; 2) First California project to contain stipulation that if the Terra Linda traffic analysis concludes that the traffic capacity associated with this parcel is equal to or exceeds that associated with a 24,000 square foot office building, the remainder of the property will be deeded as open space. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 11. VACANCY ON BOARD OF REVIEW - File 9-2-12 Council reviewed the application from Vernon L. Burns, for the vacancy on the Board of Review. Councilmember Jensen moved and Councilmember Breiner seconded, to appoint Vernon L. Burns to the Board of Review for a six year term ending February 1986. Mr. Burns had been interviewed previously by Council. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 271 12. DISCUSSION OF COUNTYWIDE PLAN UPDATE - File 4-13-8 Council reviewed a report from Planning Director Meador, summarizing the Countywide Plan update in which it is indicated that San Rafael will be the primary activity center in Marin County. Marge Macris, Planning Director for the County of Marin, addressed the Council, briefing their activities to date regarding the plan, and stating that their chief goals are extension of local transit, HOV lanes, land use and energy conservation. She informed the Council that a public hearing is being planned for April and there will be a complete draft for review at that time. The 1/2% tax will also be discussed at that time. Council agreed that when the draft is received the Planning Commission will analyze it and give their views to the Council before the public hearing is held. 13. CITIZENS' ADVISORY COMMITTEE ON THE FUTURE OF SAN RAFAEL - File 9-2-31 Council discussed the goals of the committee which was proposed by Mayor Mulryan, and agreed that the Committee should address itself to the larger problems to be facing the community in 1990 and 2000, and search for ways to deal with them. The Committee should be comprised of the type of people who would act responsibly and not be looking for frequent direction from the Council. 14. REPORT ON POLICE DEPARTMENT STAFFING AND INCENTIVES - File 9-3-30 Council reviewed a staff report on Police Department recruitment and retention, in which City Manager Bielser described what he considers an emerging problem concerning recruiting of police officers in which there is a high 'washout' rate, and the increasing number of officers leaving the department for police positions elsewhere or in the private sector. The report suggested that the Council proceed with some incentive measures, such as a bonus for officers who sign a two-year contract, for a suggested sum of $1,000 payable over the two years. Another suggestion was a van pooling arrangement subsidized by the City, if such program is found to be feasible from an operational, practical and cost-effective point of view. The possibility of a portion of unused sick leave being converted to cash each year was also sug- gested. Approval, within budgeted limits, of assisting in encouraging exercise programs which has been done on a limited, experimental basis, was another suggestion. Finally, the report suggested that the Council explore, at the earliest possible time, a housing assistance plan, due to the fact that most of the City's employees cannot afford to live in San Rafael, or anywhere in Marin County, primarily due to housing costs. Various suggestions were made with regard to how this housing assistance could be accomplished. Police Cpl. Dave Johnson, Vice -President of the San Rafael Police Officer Association, spoke on his organization's efforts to make employment in San Rafael attractive for potential re- cruits. He suggested that the Council use the services of the new Police Advisory Commission to look into the subject, and offered the services of his organization to assist the Commission in any way they wish. After discussion Councilmember Breiner moved and Councilmember Nixon seconded, to proceed with an incentive bonus of $1,000 for a two-year contract for officers at the patrol, corporal and sergeant level, with the money not to be paid all at one time. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Mr. Bielser informed the Council that the Police Advisory Commission will hold an organizational meeting on February 26, 1980, and that it will be some time before they are fully operational. Fire Engineer Robert Wendt, President of the Fireman's Association, informed the Council that the matters under discussion are not just a Police problem, and that they have only 15% of the Fire Department personnel living within the City. He also mentioned that the Fire services have not yet begun lateral transfers within departments, as the Police services have, which presents a training problem. Fire Captain Kevin Meiswinkel, Secretary of the Fireman's As- sociation, also spoke, offering the help of their association in working with the Council on the matters under discussion. (Councilmember Jensen left meeting) Council agreed that staff be directed to report on the subject of pay for sick leave, with details on the funds involved in cash -in of excess sick leave. Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommendation of staff that the Council approve, within budgeted funds, assisting in encouraging exercise programs. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 272 Council agreed that the subject of a housing assistance plan should be referred to the Police Advisory Commission, and that they should work with staff and the Planning Department in connection with use of City lands which are not in use. The Commission is to explore the sug- gestions made by staff including possibility of a grant from the Buck Foundation; a pooled arrangement of housing; and utilization of portions of the City's open space areas for housing, with the Council possibly selling mortgage revenue bonds for the housing. 15. DISCUSSION OF TRANSPORTATION MATTERS: 11-1 x a. Report on Van Pooling - File 9-3-40 Council reviewed a report from Traffic Engineer Gerth regarding van pooling, and agreed to take the matter up at a late -afternoon workshop, at a date to be set. Other transporta- tion matters will be taken up at that time. b. Report on Bicvcle Facilities Advisory Committee - File 9-3-45 Council agreed to discuss this subject at the future workshop meeting. 16. FINAL ADOPTION - ORDINANCE NO. 1362 - AMENDING TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING THERETO CHAPTER 12.38 ENTITLED, "UNIFORM SOLAR ENERGY CODE" - File 180 x 1-6-8 CHARTER ORDINANCE NO. 1362 - Amending Title 12 of the San Rafael Municipal Code by Adding Thereto Chapter 12.38 Entitled, "Uniform Solar Energy Code" was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 17. FINAL ADOPTION - ORDINANCE NO. 1363 - 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-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R-4 - r1 ie 16 - CHARTER ORDINANCE NO. 1363 - 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-1 (Single Family Residential) District to R-4 (Transient Residential) District (1741 Lincoln Avenue) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 18. COMMUNICATION FROM GREATER SAN RAFAEL CHAMBER OF COMMERCE RE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT - File 183 Councilmember Nixon moved and Councilmember Breiner seconded, to approve the list of eleven business people who are to serve as the initial Board, to prepare the by-laws and elect a permanent Board. (The list was proposed by the Greater San Rafael Chamber of Commerce.) AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 19. FIRE DEPARTMENT OFFICER TRAINING PROGRAM - File 9-3-31 Council reviewed a staff report from Fire Chief Marcucci, recommending that an instructer be hired to provide a six-day (two days per shift) course in officer development. The six-day program would cost approximately $1,500 or $75.00 per participant. Similar programs cost approximately $300 per participant if attended at a location other than San Rafael. The report recommended retired Fire Chief Ray Bachtelle from Santa Ana, who has had extensive experience in this field. Councilmember Breiner moved and Councilmember Nixon seconded, to approve the hiring of re- tired Fire Chief Bachtelle as recommended. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 20. REPORT ON PARTTIME/TEMPORARY SALARY RESOLUTION ADDITION, AND AMENDMENT TO RESOLUTION NO. 5778 - File 7-3 RESOLUTION NO. 5857 - AMENDING PAST RESOLUTIONS PERTAINING TO COMPENSATION AND ESTABLISHING PAY CLASSIFICATIONS FOR PARTTIME, TEMPORARY, INTERMITTENT AND SEASONAL WORKERS (Parttime hourly rates for positions which have no fulltime equivalents; parttime hourly rates for positions which have fulltime equivalents; and parttime salaried positions) 273 AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen RESOLUTION NO. 5858 - AMENDING RESOLUTION NO. 5778 PERTAINING TO THE COMPENSATION FOR CONFIDEN- TIAL EMPLOYEES (General Services Aide - pay scales effective July 1, 1980 and July 1, 1981) AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 21. REQUEST FROM MACY'S RE FOURTH STREET TREE LIGHTS - File 11-4 Council reviewed a request from Macy's for lighting of the tree lights on Wednesday through Friday nights since the two stores are open on those evenings. Councilmember Nixon moved and Councilmember Breiner seconded, to approve the request for lighting, with the understanding that if funds are cut in the coming fiscal year the cost will be re-evaluated. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen 22. DISCUSSION OF DISASTER PLAN UPDATE - File 13-11 Councilmember Breiner informed the Council that she had this item put on the agenda because she feels the Disaster Plan should be updated, perhaps by the Police and Fire commissions, or two members from each commission. Mayor Mulryan stated he would like the City Manager to look into the County material on the Disaster Plan, and see about an updated plan. Councilmember Breiner said she would like the City's plan to include what citizens, including children, should do in the event of an earthquake. Council agreed to await the updated plan from the County of Marin before taking action on a local plan. 23. REQUEST TO FILE LATE APPEAL - 425 MISSION AVENUE - File 9-2-6 Council reviewed a request for granting of a late appeal concerning 425 Mission Avenue. The appeal was made by Mr. John Harrington, an absentee owner of an adjacent piece of property. Mr. Harrington stated that his secretary was incorrectly informed of the deadline for filing an appeal. Planning Director Meador informed the Council that each agenda for the Planning Commission meetings contains procedure for appeals, including the time frame, and that the appellant had received a copy of the agenda. Mr. Harrington was appealing a parking variance granted for the property at 425 Mission Avenue. Councilmember Breiner moved and Councilmember Nixon seconded, to deny the late appeal. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen ADD ITEM: WEST FRANCISCO BOULEVARD EXTENSION PROJECT AGREEMENT WITH NWPRR FOR CROSSING EQUIPMENT - File 117 x 4-5-15 SRAA R-89 Council reviewed an agreement with Northwestern Pacific Railroad Company for a grant of ease- ment in connection with the West Francisco Boulevard Extension project. It was noted in the staff report that although the railroad has required that the City enter into the agreement, the Redevelopment Agency will be funding the project costs, which will amount to over $200,000. RESOLUTION NO. 5859 - RESOLUTION ACCEPTING GRANT OF STREET OR HIGHWAY EASEMENT AND AUTHORIZING EXECUTION OF SAID EASEMENT, WEST FRANCISCO BOULEVARD EXTENSION PROJECT AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen & Miskimen ADD ITEM: RESIGNATION FROM PARKS & RECREATION COMMISSION - GEORGE OBANA - File 9-2-4 x 9-2-28 Council accepted a letter of resignation from the Parks & Recreation Commission from George Obana. Mr. Obana has recently been appointed to the Police Advisory Commission. 274 Council requested staff to advertise the vacancy on the Parks and Recreation Commission. Executive Session was not held, since there were no items to discuss. The City Council adjourned to their next regular meeting on February 19, 1980. AoNllt M. LEONCINI, City Clerk APPROVED THIS /(T DAY OF�, 19 y 0 MAYOR OF THE CITY OF'SAN RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Friday, February 15, 1980, at 4:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Absent: Jack G. Nixon, Councilmember Also Present: William J. Bielser, City Manager; William T. Bullard, Jr., Assistant City Attorney EXECUTIVE SESSION The City Council met in Executive Session to discuss pending litigation. No action was taken. Following Executive Session, the Council reconvened in public and took the following action: Councilmember Breiner moved and Councilmember Miskimen seconded, to approve payment to Kathleen Parkin (Claim No. 3-1-468) in the amount of $2,241.00. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon The City Council adjourned to their next regular meeting on February 19, 1980. APPROVED THISDAY OF /-+ 19 Bo MAYOR OF THE CITY OF�RAF *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, February 19, 1980, 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 275 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 February 4, 1980 Meeting 2. Claim for Damages - Ida Gordon - File 3-1-455 (PW) 3. Claim for Damages - Fireman's Fund Insurance Companies - File 3-1-461 (FD & PW) 4. Claim for Damages - Lillian LeCornec - File 3-1-463 (PW) 5. Claim for Damages - Mary Tranter - File 3-1-466 (PW) 6. Claim for Damages - William Thaler - File 3-1-471 (PW) 7. Approval of Subdivision Final Map - Dominican Estates --File 5-1-259 8. Contractual Agreement with Sal Ballantyne for Middle Eastern Cooking Classes at San Rafael Community Center - File 4-10-111 9. Statement of Disclosure - Kay Crawford, Redevelopment CAC Member - File 140 10. East Francisco Boulevard Underground Utility District - File 12-18.10 11. Resolutions re Proposed Recreation Depart- ment Program Contracts - Classes to be held at Falkirk - File 9-2-24 12. Report on Library Positions - File 7-3 x 9-3-61 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. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5860 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "DOMINICAN ESTATES" (Six lots, end of Worthington Lane, Linden Lane & Sienna Way) RESOLUTION NO. 5861 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT (W/Sal Ballantyne for Middle Eastern Cooking Classes, SR Recreation Center) Accepted statement. RESOLUTION NO. 5862 - CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH SAFETY, OR WELFARE REQUIRES THE FORMATION OF FRANCISCO BOULEVARD EAST UNDERGROUND UTILITY DISTRICT (Public Hearing Set for April 7, 1980) RESOLUTION NO. 5863 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT WITH: Gail VanDyke, Sculpture; Susan Barenboim, Art; Thea Evensen, Calligraphy; Sally Bloomberg, Painting; Michael Knowlton, Pastels/ Acrylics; Beverly Mayeri, Mask Making; Susan LaCroix, Display Design; Ken Knutson, Painting; Margaret Barkley/Rebecca Bulwa, Sewing; Richard Sebastian, Design; Dorathy Eastman, Oil/Acrylics; Bruce Koren, Graphic Design & Paste-up; Lori Kearney, Yoga; Cele Hanzel, Photo Silkscreen & Airbrush classes. RESOLUTION NO. 5864 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT WITH: Vickie Brennan, Multi -Media; Doug Neecke, Photography; Donna Lazarus, Drawing; Karen Fishman, Art in Nature; Kris Karlsson, Drawing; Roberta Wentzel, Painting; Sally Bloomberg, Creating for Fun; Clara Greisman, Architecture; Joan DeBruyn, Papier Mache; Joni Duggins, Kites, Mobiles, Games & Easter Vacation Workshop; Jessica Green, Calligraphy; David Ralston, Easter Vacation Workshop, and Creating & Art; Jane Dohmen, Film Making for Kids. Approved reclassification of three posi- tions in Children's Department to Librarian II, from Librarian I. 276 13. Application to Purchase Two Lots Owned by City on Santa Margarita Drive - File 2-7 x 2-10 Referred to Planning Commission. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RE: PUBLIC HEARING - PROPOSED ORDINANCES AMENDING TITLE 4 AND TITLE 12 OF THE MUNICIPAL CODE PERTAINING TO THE ADOPTION OF NEW UNIFORM FIRE AND BUILDING CODES - File 1-6-1/2/3/4/5 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 Title 4 of the Municipal Code of the City of San Rafael, Adopting a Uniform Fire Code and Uniform Fire Code Standards, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire, Explosion and Other Dangers, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor, and Defining their Duties and Powers, and numbering Charter Ordinance No. 1364, was read, intro- duced 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 An Ordinance of the City of San Rafael, Amending Title 12 of the Municipal Code of the City of San Rafael by Amending and Adopting Chapter 12.12 "Uniform Building Code", Chapter 12.14 "Uni- form Mechanical Code", Chapter 12.16 "Uniform Plumbing Code", Chapter 12.20 "Electrical Code", Chapter 12.26 "Uniform Housing Code", Chapter 12.28 "Uniform Code for the Abatement of Danger- ous Buildings", and Chapter 12.32 "Uniform Swimming Pool Code", and numbering Charter Ordinance No. 1365, 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 15. PUBLIC HEARING - CONSIDERATION OF PROPOSED ORDINANCE REQUIRING ITEM PRICE MARKING ON CONSUMER COMMODITIES - File 186 x 125 Mayor Mulryan declared the public hearing opened. Council reviewed a proposed Ordinance prepared by the City Attorney, requiring item price marking on consumer commodities. Mayor Mulryan inquired of City Attorney Duggan whether the local food stores had been notified of the public hearing and whether they had been given copies of the proposed Ordinance. Mr. Duggan stated they had not. Several members of the audience spoke in favor of such an ordinance, citing various reasons for it being necessary. They mentioned possible discrepancies in the computers and the fact that they sometimes would not know how much an item actually costs until they were at the checkout counter. Councilmember Breiner moved and Mayor Mulryan seconded, to continue the public hearing to the meeting of March 3, 1980 and that meanwhile letters should go to grocery stores with a copy of the proposed Ordinance. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Chamber of Commerce President Pat Tyrell -Smith offered to send letters to all Chamber members involved with food stores, enclosing a copy of the proposed Ordinance and notifying them of the public hearing on March 3, 1980. His offer was accepted by the Council. Council agreed that enforcement will involve action on a complaint basis only, in order to conserve staff time. Mayor Mulryan then directed staff to prepare an Ordinance requiring service stations to post their gasoline prices on prominently displayed signs so that a motorist would be aware of the cost before he turned in to the station. Ordinance is to be on the March 3, 1980 Council agenda. 16. FOLLOWUP REPORT ON POLICE RECRUITMENT/INCENTIVE PROGRAM - File 9-3-30 Council reviewed a proposed agreement for the Police incentive program. The agreement provides for payment of $1,000 to any Patrolman, Corporal or Sergeant who agrees to remain with the City's Police Department for a period of two years. It also contains a provision for repay- ment of the $1,000 in the event an officer terminates his position before the end of the two-year period. 277 Councilmember Breiner suggested that the first paragraph of the agreement be revised by sub- stituting the word "live" for the word "work", so it would read "... Police personnel of the City must seek outlying and remote locations within which to live". Corporal Dave Johnson of the Police Department reported that members of the Police Officers Association are concerned with the wording of the agreement regarding a possible payback of the $1,000, as cited in Item 7 of the agreement regarding payback in event a court of law determines the contract to be null and void for any reason. After discussion, Assistant City Attorney Bullard was requested to reword Items 4 and 7, which deal with payback. Also to be considered is what should govern in case of service -connected disability before the two-year period has expired. The Council, after discussion, agreed that new recruits' two-year period should commence after their six-month training period has elapsed. Council asked that the revised agreement be resubmitted at the March 3, 1980 meeting. 17. CULTURAL AFFAIRS COMMISSION RECOMMENDATIONS RE: a. PROPOSED PARKING PLAN AT FALKIRK - File 9-2-24 (R-132) Council reviewed a staff report, giving the Cultural Affairs Commission's comments regarding possible parking expansion at Falkirk Community Cultural Center. The Commission stated they are unanimously opposed, and listed reasons including infringing on the aesthetic quality of the grounds; being contrary to the Falkirk Master Plan which was approved by the Commission and the City Council; jeopardizing Falkirk's status on the National Register of Historic Landmarks which includes all eleven acres of the site; and possible jeopardizing of future Federal and State funding. The Commission recommended expansion of the Menzies parking lot adjacent to Falkirk, and upgrading of the former carriage house area to accommodate more cars. After discussion, Council directed staff to look into redesign of the Menzies parking lot, to determine how many additional spaces could be accommodated, and also to see about up- grading the former carriage house area by paving, striping and lighting, which would add approximately eleven spaces on the Falkirk grounds. b. SCULPTURE EXHIBIT - File 4-10-134 Council reviewed an offer by sculptor Fred Strebel, that his metal sculpture, entitled "There Now", be installed on the terrace in front of City Hall for a period of three months commencing May 2, 1980 and ending August 1, 1980. The Cultural Affairs Commission recommended approval, since the installation will coincide with the opending of a sculpture show at Falkirk. Council reviewed a picture and description of the art work, which was described as being 23 feet in length, 6 1/2 feet in width, and 6 feet high. It is valued at $2,000. The report mentioned that the cost of installation would be $200, to be borne by the City. After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to accept the loan of the art work and approve the agreement with the sculptor, noting that the $2,000 value is the top limit. RESOLUTION NO. 5865 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Fred Strebel for Art Loan Agreement for Painted Steel Sculpture from May 2, 1980 - August 1, 1980, for display in front of San Rafael City Hall) AYES: COUNCILMEMBERS: Breiner, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: Jensen and Nixon ABSENT: COUNCILMEMBERS: None c. HOSTING OF RECEPTION AT FALKIRK FOR CANADIAN STUDENTS - 9-2-24 x 102 Council unanimously approved the recommendation of the Cultural Affairs Commission, that the City sponsor a reception at Falkirk to officially welcome a group of students from Quebec, Canada, who are visiting San Rafael as part of an exchange program. The Council also approved the signing of a proclamation by Mayor Mulryan welcoming the students, and appointed Councilmember Nixon to represent the City at the reception at Falkirk on April 17, 1980. d. APPROVAL OF EXPENDITURE OF MONIES FROM THE J. HAROLD DOLLAR TRUST FUND - File 8-19 Council reviewed a recommendation from the Cultural Affairs Commission that approximately $4,000 be expended from the J. Harold Dollar Memorial Trust Fund for shades, draperies, portieres, valances and lace curtains for the Falkirk parlor and library. It was noted that there is presently $4,631.37 in the trust fund. 278 Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the expenditure of approximately $4,000 from the J. Harold Dollar Memorial Trust Fund for the purchase and fabrication of shades, draperies, curtains, valances and portieres for the parlor and library at Falkirk. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. REPORT ON LOCAL HOUSING ASSISTANCE PROGRAMS (LHA) - File 4-13-38 This was an informational item and the Council took no action. The communication from the State Department of Housing and Community Development dealt with availability of funds for local housing authorities. Councilmember Breiner pointed out that the County has a housing authority operating at the local level, and the Council agreed that no action would be taken at this time. 19. AUTHORIZATION TO CALL FOR BIDS FOR RECONDITIONING OF ONE FIRE ENGINE - File 4-2-148 Councilmember Jensen moved and Councilmember Miskimen seconded, to approve staff recommendation for authorization to call for bids for reconditioning of Engine 10. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. COMMUNICATION RE TRAFFIC CONDITIONS - LAS GALLINAS AVENUE - File 9-2-8 Council reviewed a letter from Mr. Joseph Martino of 1749 Las Gallinas Avenue, in which he cited his attempts to have improvements made in traffic conditions on Las Gallinas Avenue between Lucas Valley Road and Las Colindas Road. The matter was referred to the Traffic Advisory Committee, to analyze the situation, discuss the matter with Mr. Martino, and report back to the Council with suggestions and recommendations in thirty days. 21. COMMUNICATION RE RESTRUCTURING OF LEAA PROGRAM - File 4-10-115 Council reviewed a communication from the North Bay Regional Criminal Justice Planning Board, in which they outlined the restructuring of the LEAA Program delivery system, and Local Declaration of Status. After hearing a presentation from Police Chief Benaderet and Police Captain Souza, Councilmember Breiner moved and Councilmember Jensen seconded, to continue as a Multi-County/City Combination Entitlement Jurisdiction similar to the present Regional alignment. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Chief Benaderet was requested to furnish the Council with a report on the accomplishments to date by the Major Crimes Task Force, and also cover their priorities. 22. DISCUSSION OF FAIR EVICTION ORDINANCE - File 187 Mayor Mulryan stated that he asked for information on this item because he feels there is a definite need for it in the community. Planning Director Meador stated that most cities who have a fair eviction ordinance incorporate it with their rent control measure. Mr. Meador presented a staff study on the concept of fair eviction as such a law applies to the rights of the tenant, and which summarized the existing law and proposed legislation. Several residents spoke of the need for such an ordinance, and urged the Council to adopt one as soon as possible. Staff was directed to commence work on the preparation of such an ordinance and give Council a progress report on April 7, 1980. Staff is to look into each element which would contribute to the problems, study present eviction procedures, and make recommendations for workable and equitable procedures. Final target date is approximately sixty days. 23. DISCUSSION OF HOUSING LOSSES - DOWNTOWN AREA - File 9-2-6 Council reviewed an inventory of housing losses in downtown San Rafael, two being due to fires and involving a loss of twenty living units, one building condemned with a loss of four living units, and the balance of twenty-six living units due to conversion of buildings to commercial uses. Councilmember Breiner moved and Councilmember Miskimen seconded, to refer the matter to the Planning Commission for study and recommendation to the City Council on residential conversions and how they may be controlled so that low and medium-priced properties will be retained as residences as much as possible. 2'79 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. PETITION FOR INSTALLATION OF SIDEWALK ON THE EASTERLY SIDE OF UNION STREET BETWEEN BELLE AVENUE AND MISSION AVENUE - File 11-7 x 9-3-4 Council studied a petition from 52 residents and property owners on Union Street, requesting that a section of sidewalk be constructed on Union Street south of Belle Avenue. Staff re- commended that the item be referred back so they could work with the property owners to attempt to get them to construct the sidewalk. Councilmember Nixon moved and Councilmember Breiner seconded, to approve staff recommendation and refer the matter back to them so they could work with the property owners in an attempt to get them to construct the sidewalk. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM File 9-3-16 Councilmember Miskimen moved and Councilmember Breiner seconded, to approve amicus participation and a contribution of $500.00 to the City of Tiburon, in Agins vs City of Tiburon Supreme Court appellate brief. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The City Council adjourned to Executive Session to discuss litigation. NNE M. LEONCI , City Clerk APPROVED THIS DAY OF 19 0 C. '~ MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Saturday, February 23, 1980, at 9:00 AM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: William J. Bielser, City Manager EXECUTIVE SESSION The City Council met in Executive Session to discuss personnel matters. PUBLIC SESSION The City Council then met in public session and discussed commissioning an EIR for the Redevel- opment Project. They agreed on a tentative date of 5:30 on Tuesday, February 26, 1980, to discuss the necessity for the EIR. The City Council adjourned to their next meeting, tentatively set for 5:30 PM on February 26, 1980. 280 W LLIAM J. BIELSER, Acting City Clerk APPROVED THIS 3 r -d DAY OF �°14�f-�� 1980 -MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Wednesday, February 27, 1980, at 4:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember Jack G. Nixon, Councilmember Absent: John A. Miskimen, Councilmember Also Present: William J. Bielser, City Manager EXECUTIVE SESSION The City Council met in Executive Session to discuss personnel matters. PUBLIC SESSION It was moved, seconded, and passed unanimously, that Raymond L. Meador, Planning Director, be appointed Acting City Manager effective February 28, 1980. It was moved, seconded, and passed unanimously, that City Manager William J. Bielser's resigna- tion will be effective March 31, 1980, at his request, and that he will go on administrative leave status effective February 28, 1980. During administrative leave time, Mr. Bielser will be available for consultation. It was moved, seconded, and passed unanimously, that the "Jarvis 2" budget will be adopted. It was agreed that Acting City Manager Meador will supervise Police Chief. The City Council adjourned to their next regular meeting on Monday, March 3, 1980. ILLIAM J. BIELSER, Acting City Clerk APPROVED THIS V::4 DAY OF >)t , 1980 MAYOR OFTHE CITY OF AN RAF L *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, March 3, 1980, at 7:45 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman Also Present: Raymond L. Meador, Acting City Manager/Acting Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney 281 PUBLIC HEARING - SALE OF FORMER WEST END SCHOOL TO ROTARY MANOR, A NON-PROFIT CALIFORNIA CORPOR– ATION AGENCY ACTION Chairman Nixon declared the public hearing opened. Mr. Jock McNutt of the Rotary Club informed the Agency that the wording of the deed sets forth the condition that the development can only be used for low and moderate income housing, and that as long as the Rotary Club has control that is how it will be. Mrs. Roper Crawford spoke, as a representative of the San Rafael Improvement Club, which is located next door to the property in question. She mentioned that she has not heard enough stress put on the fact that the development will be for senior citizens. Chairman Nixon assured her that the project is for affordable housing for senior citizens. There being no further input, the public hearing was declared closed. 1. APPROVAL OF NEGATIVE DECLARATION RE FORMER WEST END SCHOOL - File R-144 RESOLUTION NO. 80-11 - RESOLUTION AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOP- MENT AGREEMENT WITH ROTARY MANOR, A NON-PROFIT CALIFORNIA CORPORATION (AP 10-291-13, 14, 15) 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 ROTARY MANOR, A NON-PROFIT CORPORATION - File R-144 Member Breiner moved and Member Mulryan seconded, to approve the Disposition and Development Agreement with the condition that staff check with Agency Counsel Goldfarb about adding wording to specify that the development is to be used solely for senior citizens, and to include a covenant running with the land in perpetuity so that future use of the property cannot be changed; also, that "low and moderate income" be stressed. RESOLUTION NO. 80-12 - RESOLUTION TO DETERMINE AGENCY HAS COMPLIED WITH SECTION 33433 OF THE HEALTH & SAFETY CODE AND APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH ROTARY MANOR, A NON-PROFIT CALIFORNIA CORPORATION AYES: MEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon NOES: MEMBERS: None ABSENT: MEMBERS: None COUNCIL ACTION Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. 3. RESOLUTION DETERMINING AGENCY HAS COMPLIED WITH HEALTH & SAFETY CODE SEC. 33433 AND APPROVING RESALE OF PROPERTY - File 188 7T--17474— RESOLUTION R-144 RESOLUTION NO. 5866 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO ROTARY MANOR, A NON-PROFIT CALIFORNIA CORPORATION AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The City Council adjourned to their regular meeting following immediately. JEAN M. LEONCINI, City Clerk/Agency Secretary APPROVED THIS - '� DAY OF 1980 MAYOR OF THE CITY OF SAN RAFAEL GENCY MEMBER *** *** *** *** *** *** *** *** 282 In the Council Chambers of the City of San Rafael, Monday, March 3, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR 1. Councilmember Breiner requested a change in the minutes of February 19, 1980, page 2, Item 16, "Followup Report on Police Recruitment/Incentive Program", the word 'remote' to be changed to 'distant' in paragraph 2, so the sentence would read "...Police personnel of the City must seek outlying and distant locations within which to live". Councilmember Breiner moved and Councilmember Nixon seconded, to approve the minutes of February 19, 1980 as amended, and approve the minutes of the special meetings of February 15, 23 and 27, 1980. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Nixon moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: Item 2. Contractual Agreement and Resolu- tion re Skip Clippinger, Disco & Ballroom Dance Classes, San Rafael Community Center - File 4-10-111 4. Resolutions Authorizing Submission of Grant Applications: a. To Institute of Museum Services for Falkirk - File 4-10-135 b. To San Francisco Foundation, for Library - File 4-10-136 c. To San Francisco Foundation, for Falkirk - File 4-10-137 6. Claim for Damages - Northwestern Pacific Railroad Company - File 3-1-462 (PW) 7. Claim for Damages - Elena Trombini - File 3-1-469 (PW) 8. Claim for Damages - Velva Sheen Manufacturing Co. - File 3-1-470 (Rec.) 9. Changing of Second Meeting in March to Monday, March 24, 1980 - Fila Q-1-1 10. Resignation of City Manager - File 9-3-11 x 7-4 11. Report on Fire Dispatch Program - File 7-3 x 9-3-31 Recommended Action RESOLUTION NO. 5867 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Skip Clippinger for Disco & Ballroom Dance Classes at San Rafael Community Center, 3/3/80-6/20/80) RESOLUTION NO. 5868 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Author- izing submission of grant application to Institute of Museum Services, for Falkirk) RESOLUTION NO. 5869 - AUTHORIZING CITY OF SAN RAFAEL TO APPLY FOR AND ACCEPT SAN FRANCISCO FOUNDATION FUNDING FOR 1980/1984 (Library Outreach Program) RESOLUTION NO. 5870 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Author- izing submission of grant application to San Francisco Foundation, for Falkirk Restoration) 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 changing of meeting date to March 24, 1980. RESOLUTION NO. 5871 - RESOLUTION OF APPRECIATION (To Wm. J. Bielser) Accepted report. RESOLUTION NO. 5873 - AMENDING RES. NO. 5857 PERTAINING TO COMPENSATION & ESTABLISHING PAY CLASSIFICATIONS FOR PARTTIME, TEMPORARY, INTERMITTENT & SEASONAL WORKERS (Student Dispatcher, Fire Dept., $350 semi-monthly) 283 12. Authorization to File Three -Day Approved staff recommendation. Notice for Failure to Pay Rent - Precision Engineering, 532 "B" Street - File 2-8-18 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. REPORT ON 1978 STREET RESURFACING PROJECT - PROPOSAL FOR ELIZABETH WAY - File 4-1-274 x 9-3-40 Council reviewed a staff report indicating that some additional patching and sealing had been necessary due to paving failures on Elizabeth Way shortly after the 1978 street resurfacing. The asphalt supplier had stated at the time of the failures that the material had met specifi- cations. Until the matter could be resolved, the Public Works Department has been withholding payment of Ghilotti Bros. (the paving contractor) retention monies in the amount of $18,601.59. Ghilotti Bros. are now proposing, without admitting or denying fault, to credit the City for one-half of the total cost for the Elizabeth Way paving. This would amount to $5,909, plus the interest the City has accrued on the Contractor's retention over the last year - approxi- mately $2,000. The City had paid for the testing of the asphalt, which was approximately $3,500, but this is offset by the benefit received from the Contractor's repairs and the in- terest earned on the retention. After discussion Councilmember Jensen moved and Councilmember Miskimen seconded to approve the staff recommendation that the City pay the retention money to Ghilotti Bros., less one- half of the total cost of paving Elizabeth Way, total $5,909. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - CONSIDERATION OF PROPOSED ORDINANCE REQUIRING ITEM PRICE MARKING ON CONSUMER COMMODITIES - File 186 Mayor Mulryan declared the public hearing opened. Council heard from Mr. Henry Meyer, representing the independent segment of the Grocers of Northern California, who spoke opposing the proposed ordinance. He stated that less than 1% of California grocers use the scanner method, where a price is shown on the shelf but not on any of the commodities, and a scanner at the checkout counter prices the items by computer. He stated that the computer is too costly for any but the larger firms to install. No markets in San Rafael are presently using scanners. Mrs. Kathryn Crawford, Manager of the San Rafael Chamber of Commerce, informed the Council that three large local supermarkets have stated that they do not intend to drop the item price marking. After hearing other residents speak in favor of item price marking, the public hearing was declared closed. After discussion, the Council agreed that they would not take action on the matter at this time. 14. PUBLIC HEARING - ED79-86/V80-4 - APPEAL OF PLANNING COMMISSION DENIAL, ED79-86, OFFICE BUILD- ING; V80-4, PARKING VARIANCE; 809 IRWIN STREET; KUYKENDALL, CHATHAM, WOODSON, OWNERS; JOHN E. C. NIELSEN & JOHN R. LUNDY, REPS.; AP 14-125-14 - File 10-4 x 10-7 R-46 Mayor Mulryan declared the public hearing opened. Acting City Manager Meador reviewed for the Council the history of the development since Kuykendall, Chatham and Woodson commenced their planning for the construction of a building at 809 Irwin Street. Mr. Meador pointed out that the partnership appeared before the Planning Commission on February 12, 1980 with applications to permit the construction of a three-story office building. The Design Review Board had previously recommended a two-story building as being more in keeping with the other buildings being built or renovated within the immediate area. At the applicant's request, the Planning Commission took action, denying the permits for the three-story building so the applications could be appealed to the City Council. The current proposal, now being appealed, is for a three-story, 22,500 square foot office building with a parking variance to permit a reduction in the parking requirement from one space for every 200 square feet to one space for every 250 square feet, a reduction of 22.5 parking spaces from the required 112.5 spaces. Other proposals which have been discussed previously are: A 19,600 square foot three-story building and eight parking space variance; a 22,500 square foot two-story building and a 22.5 parking space variance as presented to Planning Commission in response to their desire to see a two-story plan; and a 19,600 square foot two-story building and an eight parking space vari- ance which was presented for comparison with the original plan. Mr. Art Chatham described a model which was before the Council, and which showed the two-story version of the building. He then stated that his architects have now completed a three-story plan to within 1 1/2 foot elevation of the two-story building. Mr. Chatham mentioned that in making plans for a 22,500 square foot building, they were relying on plans previously approved for Warsen/Pearson who were the original would-be developers of the property. Assistant City Attorney Bullard informed the Council that they could approve any of the plans they wished, on a conditional basis with the understanding that they were subject to final review. There being no further public input, the public hearing was closed. After discussion Councilmember Breiner moved and Mayor Mulryan seconded, to give conditional approval to the 19,600 square foot three-story building and eight parking space variance, subject to findings and recommended conditions in the staff report dated February 12, 1980. The motion was then amended to include reference only to a three-story building with no reference to square footage, and a parking ratio of one space for every 250 square feet as op- posed to 200 square feet, and with that direction the plans should be sent back to the Planning Commission. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Meador promised the Council that the matter will be on the Planning Commission agenda for their March 11, 1980 meeting. Mayor Mulryan informed staff that he would like to see a procedure in effect, which would pro- vide a uniformity for future projects of this nature so that they would avoid the necessity for hearings going back and forth between the Planning Commission and the Council more than once. The procedure is to be presented to the Council within thirty days. 15. PUBLIC HEARING - CONSIDERATION OF THE CONTINUED USE OF PESTICIDES BY THE CITY OF SAN RAFAEL - Pilo QTi-an Mayor Mulryan declared the public hearing opened. Council heard a presentation from Mr. Bruce Hagen, Field Representative for the State of Cali- fornia Department of Food and Agriculture, in which he described the Dutch Elm Disease Program now being conducted, and for which Sevin is the recommended insecticide. He stated they are now de-emphasizing the use of pesticides and emphasizing sanitation, which means pruning, careful disposal of the wood, and removal of not only dead but weakened trees. The State and County will be supervising the City's operations. All property owners will be informed before the spraying is done, so they may remove cars and cover pools and take other such precautions. The spraying will be done at a time of day when the drift will be minimal. The Council heard from several residents and nonresidents, who expressed concern that care be taken in the spraying program. There being no further input, the public hearing was closed. Councilmember Breiner moved and Councilmember Nixon seconded, that staff do a five-year cost study, on the spraying program and a tree removal program without spraying. Meanwhile, the spraying is to proceed this Spring, with suitable precautions regarding notification of property owners. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC TIME File 9-4 Mrs. Tina Ferris asked the Council to support the Las Gallinas Valley Sanitary District Sewer Bond Measure E in the April 8th election, regarding bonds for treatment plant upgrading. This will affect portions of the City north of Porto Suello Hill which are within the Las Gallinas Valley Sanitary District. Councilmember Miskimen moved and Councilmember Breiner seconded, to endorse the Measure as stated. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. REQUEST FROM PARK & RECREATION COMMISSION RE EXTENDING DEADLINE FOR COMMISSION VACANCY FOR THIRTY DAYS --File 9-2-4 285 16. VACANCY ON MARKS-FORAN RESIDENTIAL REHABILITATION LOAN PROGRAM CITIZENS' ADVISORY COMMITTEE - FiIP 9-7-3n Council discussed filling the vacancies on the Park & Recreation Commission and the Marks -Foran Residential Rehabilitation Loan Program Citizens' Advisory Committee and agreed to meet at 5:00 PM on Monday, March 10, 1980, for the purpose of interviewing applicants. It was noted that there is one vacancy on the Park & Recreation Commission, due to George Obana being appointed to the Police Advisory Commission, and that at least one renter representative is required on the Marks -Foran Citizens' Advisory Committee. 17. SERVICE OF WARRANTS THROUGH MAIL - FOLLOWUP REPORT - File 9-3-30 Council reviewed a report from Police Chief Benaderet, indicating that there is no better response when warrants are sent by registered mail than by regular mail. The Police Department therefore will send all warrants by regular mail in the future. Chief Benaderet was asked to furnish the Council with a monthly activity report reflecting the number and types of cases handled, and other pertinent data. (Councilmember Miskimen left the meeting) 18. FINAL ADOPTION - ORDINANCE NO. 1364 - AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULA- TIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND EST BLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS - File 1-6-4 CHARTER ORDINANCE NO. 1364 - An Ordinance of the City of San Rafael, Amending Title 4 of the Municipal Code of the City of San Rafael, Adopting a Uniform Fire Code and Uniform Fire Code Standards, Prescribing Regulations Governing Conditions Hazardous to Life and Property from Fire, Explosion and Other Dangers, and Establishing a Bureau of Fire Prevention and Providing Officers Therefor, and Defining Their Duties and Powers, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 19. FINAL ADOPTION - ORDINANCE NO. 1365 - AMENDING TITLE 12 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING CHAPTER 12.12 "UNIFORM BUILDING CODE", CHAPTER 12.14 "UNIFORM MECHANICAL CODE", CHAPTER 12.16 "UNIFORM PLUMBING CODE", CHAPTER 12.20 "ELECTRICAL CODE", CHAPTER 12.26 'UNIFORM HOUSING CODE', CHAPTER 12.28 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS", AND CHAPTER 12.32 UNIFORM SWIMMING POOL CODE - File 1-6-1/2/3/5 CHARTER ORDINANCE NO. 1365 - An Ordinance of the City of San Rafael, Amending Title 12 of the Municipal Code of the City of San Rafael by Amending and Adopting Chapter 12.12 "Uniform Building Code", Chapter 12.14 "Uniform Mechanical Code", Chapter 12.16 "Uniform Plumbing Code", Chapter 12.20 "Electrical Code", Chapter 12.26 "Uniform Housing Code", Chapter 12.28 "Uniform Code for the Abatement of Dangerous Buildings", and Chapter 12.32 "Uniform Swimming Pool Code", was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 20. PROPOSED ORDINANCE REQUIRING POSTING OF GASOLINE PRICE SIGNS - File 125 Council reviewed a proposed Ordinance which had been prepared by the City Attorney, requiring posting of lowest gasoline prices which would be clearly visible from all traffic lanes in each direction, applicable to all gasoline service stations within the City. Councilmember Breiner mentioned that the word "banners" should be deleted since banners are prohibited by the City's sign ordinance. Council requested the City Attorney to make the revision concerning banners, and to circulate the proposed ordinance to the independent service station owners within the City, through their local organization. When the ordinance has been revised it is to be submitted to the City Council. 21. WEST FRANCISCO BOULEVARD EXTENSION - REPORT ON STATUS OF RIGHTS-OF-WAY - File 2-2 x 9-3-40 R-130 Public Works Director Caillouette informed the Council that Caltrans has agreed to grant the necessary right-of-way to the City of San Rafael to construct the West Francisco Boulevard Extension from Rice Lane to Second Street. The City should be receiving the deed from the State in the near future. P ,�, In order to make the proper roadway connection to the northerly end of Irwin Street at the railroad tracks, it is necessary to acquire a small triangular piece of right-of-way from the property owned by Homer C. and Lillian Rickards. An agreement has been worked out whereby the Redevelopment Agency will construct a new curb and gutter and do the necessary conform paving along the full frontage of the Rickards' property. The cost to the Agency of the frontage improvements would be done as part of the overall project for approximately $3,600 to the Agency. Since the estimated value of the right-of-way to be acquired by the City is approximately $3,300 based on an appraisal of nearby NWPRR land, this appears to be a fair exchange which gives the City the right-of-way and upgrades the frontage of the property along Irwin Street. RESOLUTION NO. 5872 - AUTHORIZING THE SIGNING OF AN AGREEMENT AND ACCEPTING GRANT OF RIGHT-OF- WAY - WEST FRANCISCO BOULEVARD EXTENSION PROJECT (W/Homer C. and Lillian Rickards) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. DISCUSSION OF INCREASE IN LIFE INSURANCE COVERAGE FOR COUNCILMEMBERS - File 9-1 x 7-1-22 x 9-1-2 Council considered a staff report from Finance Director Coleman, informing them that our in- surance representative, Mr. Ross Bracken, has arranged with the City's insurance carrier to increase the maximum life insurance coverage for Councilmembers to $50,000, plus the basic $5,000. Councilmembers would be covered to age 70, as long as they remain employed by the City. The cost would be $30.15 per month. Councilmember Miskimen moved and Councilmember Nixon seconded, to allow individual Council - members to take advantage of the offer of increased life insurance if they so desire. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Jensen reported that he is still having difficulty collecting on his medical bills through Blue Cross. Mr. Coleman offered to look into the matter for Mr. Jensen. ADD ITEMS: I CITY STORM DRAIN RUNOFF - NOLTE/MULLER PROPERTY - File 9-3-40 Council referred a letter from Heinz Nolte and Horst Muller, who reside on Ridgewood Drive, regarding a storm water drainage problem, to the Public Works Department to continue to work with the residents in an effort to solve the runoff problem. II CLOSING OF PORTION OF HIGH STREET - File 11-19 x 9-3-40 x 4-7-14 Council discussed a letter from Superintendent Couch of the San Rafael City Schools, requesting closing off the portion of High Street which runs in front of San Rafael High School, in order that the area may be incorporated in the plan for developing the front field area at the High School. There are easements within this area to be considered. Staff was asked to search the title and inform City Schools of their findings. Mr. Caillouette said he is confident that the matter can be worked out. III IMPROVEMENTS TO FIRE STATION NO. 1, FIFTH AVE. & "C" STREET - File 9-3-31 Councilmember Miskimen reported he had received a letter from the Fire Commission regarding the condition of the building at Fire Station No. 1, Fifth Avenue & "C" Street. The Fire Commission feels that the building needs upgrading and considerable improvements. Councilmembers Miskimen and Jensen were appointed to meet with the Fire Commission on the subject. The City Council adjourned to Executive Session to discuss property acquisition. EANNE M. LEONCINI, City Clerk APPROVED THIS A4ta DAY OF 1980 L, MAYOR OF THE CITY OF SAN RAFA L *** *** *** *** *** *** *** *** 287 In Room 201 of the San Rafael City Hall, Monday, March 10, 1980, at 5:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember (Arr. @ 5:30 PM) Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney INTERVIEW OF APPLICANTS: a. PARK & RECREATION COMMISSION - File 9-2-4 After interviewing applicants for the vacancy on the Park & Recreation Commission Councilmember Nixon moved and Councilmember Jensen seconded, that the Council appoint Ralph G. Mihan to the Park & Recreation Commission to fill the unexpired term of George Obana who was appointed to the Police Advisory Commission. The term will expire in October, 1982. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Miskimen, due to late arrival b. MARKS-FORAN RESIDENTIAL REHABILITATION LOAN PROGRAM - CITIZENS' ADVISORY COMMITTEE (RENTER REPRESENTATIVE) - File 9-2-30 The Council interviewed Ms. Marilyn Weller and Ms. Carol Kuczora, applicants for the Renter Representative vacancy on the Marks -Foran Residential Rehabilitation Loan Program Citizens' Advisory Committee. It was noted by the Council that more than one renter representative could be appointed if they so desired. After the interviews Councilmember Nixon moved and Councilmember Jensen seconded, to appoint both Ms. Weller and Ms. Kuczora as renter representatives on the Committee. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Miskimen, due to late arrival EXECUTIVE SESSION The Council then adjourned to Executive Session to discuss litigation and negotiations. 1" ��s ... APPROVED THIS lj DAY OF 1980 MAYOR OF THE CITY OF SA RAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, March 24, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: 288 Item 1. Approval of Minutes of March 3 and 10, 1980 Meetings 2. Contracts for Easter Vacation Workshop and Spring Classes, Session II, at Falkirk - File 9-2-24 Recommended Action Approved as submitted. RESOLUTION NO. 5874 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Wm. Watts, Creative Drama; Elizabeth Cleaveland, Multi -Media for Kids; Susan Barenboim, Easter Vacation Workshops, at Falkirk) 3. Contracts for Classes at San Rafael RESOLUTION NO. 5875 - AUTHORIZING SIGNING Community Center & Short School - OF A CONTRACT, LEASE OR AGREEMENT (W/ File 4-10-111 Kassie Talbot, Babysitting Classes at Short School) RESOLUTION NO. 5876 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Sue Daly, Easter Fun for Preschoolers, & other 1980 holiday activities) 5. North Bay Cooperative Library System Accepted report. Financial Statements - June 30, 1979 & 1978 - File 4-10-83 7. Resolution of Appreciation to Novato RESOLUTION NO. 5878 - RESOLUTION OF AP - Fire Protection District - PRECIATION (For loan of ambulance for File 102 x 9-3-31 Paramedic program while San Rafael's equipment was being repaired) 8. Contract with San Rafael High School District re High School Field Improve- ments - File 4-7-14 x 11-19 x 9-3-40 9. Applications for Leave to Present Late Claims: a. City of Mill Valley, File 3-1-474 (PD) b. Officers C. Gordon Card & David M. Port, and Lt. Peter R. Brindley, Mill Valley Police Dept. - File 3-1-477 (PD) 10. Claim for Damages - Richard M. Bonderud, File 3-1-479 (PD) 11. Letter re Retirement of Director of Public Works - File 7-4 x 102 x 9-3-40 x 9-3-17 RESOLUTION NO. 5879 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Ratify- ing Execution of Agreement with San Rafael High School District re Matching Funds for Improvement of Frontage Field, San Rafael High School ($50,000) ) Approved R. L. Kautz Co. recommendation for denial, both claims. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5880 - RESOLUTION OF AP- PRECIATION (To Ely Caillouette, Jr.) Appointed David Bernardi as Acting Director of Public Works upon Mr. Caillouette's retirement on May 10, 1980. Appointed Anne Moore as Acting Planning Director. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REPORT OF PLANNING COMMISSION RE TWO SURPLUS LOTS ON SANTA MARGARITA DRIVE - File 2-7 x 2-10 Council reviewed a staff report indicating that the Planning Commission is recommending that the Council declare the property at 328 and 322 Santa Margarita Drive surplus and offer it for sale, contingent upon the following conditions: 1) Waiver of liability on the part of the City, which shall be signed by the new owner; 2) Submittal of a soils engineering report by a qualified soils engineer, including several sub -surface test borings and recommendations for foundation design; 3) Compliance with the recommendations stated in the report and made by the City En- gineer and Geotechnical Review Board; 4) Design review by the Planning Commission for any proposed structure on either parcel; and 5) The recordation of a covenant running with the land noting the above requirements. Councilmember Breiner suggested that the conditions be amplified to include notification to a prospective buyer of the fact that two houses slid down the hill a few years ago. Council agreed, and directed that statement be added, and accepted the report as amended, calling for bids. The Planning Commission recommended the adoption of a Negative Declaration unless it is deter- mined that further environmental clearances are necessary. =&f 6. REQUEST FOR APPLICATION OF GRANT FUNDS, RE CITY VEHICLES TO RUN ON METHANE _GAS _ File 4-10-138 Council considered a staff report indicating the increase in the City's fuel budget in the past few years, due to the continuing high cost of gasoline. Even with practicing conservation measures, the savings are not significant. The report stated that the Department of Energy is offering small scale grants up to $50,000, to agencies wishing to implement energy savings programs within their jurisdictions. Staff requested authorization to apply for grant money which will be used to initiate a pilot program to operate several City vehicles on either natural or methane gas. RESOLUTION NO. 5877 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Authorization to Submit a Grant Application to the U.S. Department of Energy, Small Scale Appropriate Energy Technology Grants Program 1980) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PROGRESS REPORT ON FAIR EVICTION ORDINANCE - File 187 Council reviewed an interim report on the Fair Eviction Ordinance, and requested that staff be careful to prepare a balanced ordinance, and not to destroy the incentive to make investments. PUBLIC TIME - File 155 Mr. Chuck Daniels of Golden Gate Distributing Company offered tours of his bottling plant at Black Point to all Councilmembers, so they will have background information before considering the "Bottle Bill" which will be on a Council agenda in the near future. 13. REPORT ON MOBILE HOME PARK ADVISORY COMMITTEE - File 9-2-29 Staff informed Council that the independent, unbiased member of the Mobile Home Park Advisory Committee, Mrs. Roselyn Abrell, has just resigned from the Committee. The other members of the Committee had questioned her unbiased status since she was involved with other tenants in a lawsuit against the owners of Contempo Marin. Mrs. Abrell stated that she was not a chief plaintiff but only one of 300 involved. However, she submitted her resignation. Council agreed to accept Mrs. Abrell's resignation, and asked staff to advertise the vacancy for a thirty -day period. Council then were presented with a letter from Mrs. Karen Kohs, who stated to the Council that she is resigning from the Committee due to health reasons, and will be replaced by Jaki Sales. Councilmember Miskimen moved and Councilmember Jensen seconded, to accept Mrs. Kohs' resigna- tion and approve the appointment of Jaki Sales as a replacement. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. REPORT ON REQUEST FOR TRAFFIC SAFETY IMPROVEMENTS - LAS GALLIN_AS AVENUE - (Between Montevideo & Las Colindas) - File 9-2-8 Councilmember Breiner moved and Councilmember Jensen seconded, to approve staff recommendation and authorize the Public Works Department to restripe Las Gallinas Avenue in the southbound direction only for a trial period ending December 31, 1980, to monitor the traffic flow to determine its effectiveness, and report back to the Council at the end of the trial period with a recommendation on whether or not to retain the striping. (Restriping reduces Las Gallinas Ave. to one lane only southbound.) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. STATUS OF SIDEWALK INSTALLATION ON EASTERLY SIDE OF UNION STREET BETWEEN BELLE AND MISSION AVENUES - File 11-7 x 9-3-40 Staff reported that the total cost of 200 feet of sidewalk as requested by the residents, would be approximately $6,500. None of the property owners have agreed to pay the cost. The matter was continued to the April 7th meeting, with staff meanwhile directed to contact the property owners and advise them of the City's policy which has been adhered to in the past, regarding the property owners and not the City paying for sidewalks such as in this case. Staff to explore the possibility of any circumstances which would permit the City's parti- cipation in sharing the cost of this sidewalk installation. (Councilmember Jensen left meeting) ��o 16. GROUP INSURANCE FOR RETIRED EMPLOYEES - File 7-1-15 x 7-9 Council considered a staff report, indicating that Ross Bracken, the City's insurance agent for employee benefits, had advised the City that a change is now required in the medical insurance coverage for retired employees and dependents over age 65. Mr. Bracken's recom- mendation is that the City provide the Blue Cross/65 Extra Care Plan effective January 1, 1980, pay for all Phoenix major medical claims made in 1979 and request a refund of premiums paid. This plan would result in savings to the City. After discussion, Councilmember Miskimen moved and Councilmember Breiner seconded, to approve staff's recommendation and adopt the Blue Cross/65 Extra Care Plan, and to pay the 1979 Phoenix major medical claims and apply for a refund of premiums. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) 17. FIRE DEPARTMENT UNIFORM FIRE CODE CITATION PROGRAM - File 9-3-31 x 1-6-4 Council considered a report from Fire Chief Marcucci, indicating a need for a citation program to assist in obtaining compliance with the provisions of the Fire Code. The citations would be issued only by the Fire Marshal. A member of the audience asked that property owners be notified of violations, and not just the tenants, to give them an opportunity to take corrective action and avoid a citation. An Ordinance of the City of San Rafael, Adding Chapter 1.30 to the Municipal Code of the City of San Rafael Entitled, "Issuance of Citations by Designated Officers and Employees", and numbering Charter Ordinance No. 1366, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Miskimen left meeting) 18. REVIEW OF REQUEST FOR PROPOSAL FOR FOCUSED EIR - DOWNTOWN SAN RAFAEL - File 4-10-139 (R-141/153) Council reviewed a staff study by Acting City Manager Meador, regarding the Council's request that staff develop a Request for Proposal for the development of a focused environmental impact report for the Steve Stewart Project (former Gar C. May Building) Plan B, and the development project for the Independent -Journal Building. Staff pointed out that since the Council's re- quest, the Third Street litigation has been concluded and that, based on the circumstances of that case, and the observations and recommendations of the Assistant City Attorney, Council might wish to consider widening the scope of the focused environmental impact report to include other developments, real or potential, in the downtown area. These would include such projects as expanded City parking at Third & "A" streets, the alternative use of PG&E property, and similar items. The Request for Proposal has accordingly been expanded. It includes a very strict time frame in relation to the work the consultant will perform, which will include a general outline of what information will be asked relative to traffic, parking and economics. Staff recommended that the cost of the environmental import report be split three ways: Steve Stewart Project 30%; I -J Building 30% and City of San Rafael 40%. After discussion Councilmember Nixon moved and Councilmember seconded, to approve the staff proposal regarding the Request for Proposal based on the outline submitted and the time schedule, with the stipulation that the City's portion of 40% of the cost be charged to the Redevelopment Agency rather than to the City's General Fund. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 19. REQUEST FOR POOL COVER FOR TERRA LINDA RECREATION CENTER - File 9-3-65 After considering a staff report Councilmember Jensen moved and Councilmember Breiner seconded, to authorize purchase of a pool cover and winder for the Terra Linda Recreation Center Pool in the amount of $4,500 to be derived from unappropriated reserves, in order to reduce the City's energy consumption. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 291 20. EXPANDED DAY CARE PROGRAMS AT SHORT AND DON TIMETEO SCHOOLS - File 9-3-65 Councilmember Miskimen returned during discussion) Council reviewed a staff report from Recreation Director Jauch regarding proposed expansion of preschool and day care programs presently being offered at Short Elementary, Don Timoteo Elementary, San Rafael Community Center, Terra Linda Recreation Center, and the First Congregational Church. Staff requested authorization to negotiate with San Rafael City Schools and Dixie Schools for facility usage to permit program expansion at Short and Don Timoteo schools, in view of the definite need in the community. Councilmember Nixon moved and Councilmember Breiner seconded, to adopt the expanded program in concept and authorize staff to commence negotiations with the two school districts. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. EXPIRATION OF TERM OF H. R. GHILOTTI ON FIRE COMMISSION - File 9-2-5 Councilmember Nixon moved and Councilmember Jensen seconded, to reappoint H. R. (Rusty) Ghilotti to the Fire Commission, for a four-year term expiring in March 1984. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. ACQUISITION OF SIX TAX -DEEDED PROPERTIES - File 2-6 Council considered a proposal from staff that the City purchase six tax -deeded properties, as follows: Parcel 16-131-09, $128.05; Parcel 17-201-39, $35.58; Parcel 165-010-66, $19.62; Parcel 175-271-15, $37.61; Parcel 175-271-37, $43.61; and Parcel 179-142-19, $63.23. Total cost will be $327.70. RESOLUTION NO. 5881 - RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT TO PURCHASE TAX -DEEDED PROPERTY (Total $327.70) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. REPORT ON POLICE DEPARTMENT ORGANIZATION AND PROGRAMS - File 9-3-30 Councilmember Jensen left during discussion) After reviewing a report by Chief Benaderet, Council discussed the various facets of organiza- tion, and the need for career development. Councilmember Breiner moved and Councilmember Miskimen seconded, to authorize the Chief of Police to apply for POST (Peace Officer Standards & Training) funding for career development activity as described in his report. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 24. DISCUSSION OF ADMINISTRATIVE MATTERS - File 7-4 x 9-3-16 x 9-3-30 x 9-3-40 x 9-1 x 9-3-17 Acting City Manager Meador briefed his comprehensive study on administrative matters, after which the following actions were taken by the Council: 1. Legal Assistance File 7-4 x 9-3-16 Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the hiring of a legal assistant for the City Attorney's Office at $10.00 per hour, and to approp- riate $4,800 to the City Attorney's budget to finance the legal assistant to July 1, 1980. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 2. Recruitment for Public Works Director File 7-4 x 9-3-40 Council agreed to wait until after the selection of a City Manager to take action on the selection of a Public Works Director, and set the date of Wednesday, April 2, 1980, for a meeting to discuss qualifications and recruitment of a City Manager. 3. Scheduling of Public Hearings File 9-1 Council reviewed a list of public hearings which have been scheduled for April 7 and 21, 1980, and noted that there were six hearings scheduled for April 7th and five hearings for April 21st. The schedule was approved without motion. 292 4. Work Pro4rams File 9-1 x 9-3-17 (R-130 The summary of major work programs and upcoming issues by department were discussed, and Council decided to hold a separate meeting on the Auto Center in April. Meanwhile, staff was asked to present hard cost figures on the Auto Center project at the April 7th meeting. 5. 1980/81 Budget vs Proposition 9 File 8-5 x 9-4 x 7-4 It was agreed that the impact of Proposition 9 will be real, although its full impact is undefined at present. With regard to the Police Department, staff indicated that there are one Lieutenant's position, two Patrol officers and one Cadet's position vacant. Council decided to keep the filling of those positions in abeyance for thirty days to give time for staff to look into the personnel situation within the Police Department and to bring back a recommendation after the thirty -day period. Council agreed to freeze the three vacant positions in Public Works at this time - Equipment Operator, Sweeper Operator, and Maintenance Worker III - and to see about hiring a parttime street sweeper for the downtown area and charge the expense to the Redevelopment Agency. Council also agreed to freeze the vacant position of Recreation Supervisor within the Recreation Department. The recruitment of two Paramedic positions was authorized for the Fire Department. With regard to the position of Payroll Officer, soon to be vacated, Council authorized the downgrading of the position to Senior Account Clerk, and asked staff to make an attempt to fill the position in-house. Council agreed that a Proposition 9 budget should be submitted in June, after election, if Proposition 9 passes. Council later agreed to keep options open with regard to filling vacancies in the Fire Department, as they occur. 25. CITY SUPPORT OF MEASURE A - File 9-4 (Verbal) Mayor Mulryan asked the Council's support of Measure A in the upcoming election, which involves a 1/2¢ tax to be used for transportation. Councilmember Nixon moved and Councilmember Breiner seconded, to endorse Measure A. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 26. SUPPORT BY CITY OF THE HOUSING AUTHORITY'S APPLICATION FOR THE RENTAL ASSISTANCE PROPOSAL - File 187 Councilmember Breiner reported that the Housing Authority has applied to the San Francisco Foundation for a five-year grant, and is looking for letters of support regarding their type of program involving rental assistance. Councilmember Breiner moved and Councilmember Miskimen seconded, to send a letter of support re County's Housing Authority Proposal. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 27. CORRESPONDENCE FROM DEPARTMENT OF TRANSPORTATION RE PARK -N -RIDE SUGGESTIONS - File 11-1 x 9-3-40 Council reviewed a letter from the State Department of Transportation, outlining plans for Park -n -Ride pickup points throughout San Rafael. Councilmember Breiner moved and Councilmember Miskimen seconded, to write the Department of Transportation supporting the suggestions as outlined. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen an.iniIPNMFNT The City Council adjourned in honor of Sister Mary Samuel, who is retiring after twelve years as President of Dominican College. 293 The Council then adjourned to Executive Session to discuss pending litigation. J A NE M. LEONCINI,% City Clerk APPROVED THIS 4S -DAY OF 1980 MAYOR OFTHE CITY OF SAN RA AEL *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Wednesday, April 2, 1980, at 5:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember Absent: John A. Miskimen, Councilmember Jack G. Nixon, Councilmember EXECUTIVE SESSION The City Council met in Executive Session to discuss personnel matters. PUBLIC SESSION Mr. Wes McClure, representative of the League of California Cities, International City Management Association, and for 28 years City Manager of the City of San Leandro, spoke regarding the status of recruitment efforts by California communities. Mr. McClure also discussed the role of the City Manager vis-a-vis the City Council. Mr. McClure was also asked to address the merits of an executive recruitment vs the conven- tional advertising approach. Council then discussed Mr. McClure's comments and generally defined the role of the City Manager. This general definition included the ability to communicate to the City Council, the public, and to City staff; the ability to give and take orders; and a general knowledge of Redevelopment activities and California Redevelopment Law. Council also indicated they would prefer to select a candidate from a California municipality. The City Council adjourned to their next regular meeting on Monday, April 7, 1980. RAY OND L. MEADOR, Acting City Clerk APPROVED THIS -Z/ !`DAY OF 1980 �0. CA!! MAYOR OF THE CITY OF SAN RAFA L *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, April 7, 1980, at 7:45 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman 294 Also Present: Raymond L. Meador, Acting City Manager/Acting Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney PUBLIC HEARING - CONVEYANCE OF AGENCY PROPERTY TO THE CITY OF SAN RAFAEL - FIVE PROPERTIES: THIRD & C PARKING LOT; THIRD & LOOTENS PARKING LOT; 1412 SECOND ST. PARKING LOT; SECOND & C STS. PARKING LOT: BELLAM BLVD. WIDENING AGENCY ACTION Chairman Nixon declared the public hearing opened. There being no public input, the public hearing was declared closed. 1. APPROVAL OF NEGATIVE DECLARATION RE SUBJECT PROPERTIES - Files R-78/80, R-33, R-66, R-39 R -97/a; RESOLUTION NO. 80-17 - RESOLUTION AUTHORIZING NEGATIVE DECLARATION FOR CONVEYANCE OF AGENCY INTEREST IN REAL PROPERTY TO THE CITY OF SAN RAFAEL (1412 Second St., Third & C Sts., Third & Lootens, Second & C Parking Lots, & Bellam Blvd. Widening) AYES: MEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon NOES: MEMBERS: None ABSENT: MEMBERS: None 2. COMPLIANCE WITH HEALTH & SAFETY CODE SEC. 33433, AND AUTHORIZATION OF CONVEYANCE OF TITLE TO CERTAIN PROPERTIES, TO THE CITY OF SAN RAFAEL - Files R-78/80, R-33, R-66, R-39, R-27/45 RESOLUTION NO. 80-18 - RESOLUTION DETERMINES AGENCY HAS COMPLIED WITH SECTION 33433 OF THE HEALTH & SAFETY CODE AND AUTHORIZING CONVEYANCE OF TITLE TO CERTAIN PROPERTIES TO THE CITY OF SAN RAFAEL AYES: MEMBERS: Breiner, Jensen, Miskimen, Mulryan & Chairman Nixon NOES: MEMBERS: None ABSENT: MEMBERS: None COUNCIL ACTION Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. 3. RESOLUTION DETERMINING AGENCY HAS COMPLIED WITH HEALTH & SAFETY CODE SEC. 33433 REGARDING CONVEYANCE OF TITLE TO THE CITY OF SAN RAFAEL - Files 2-1-67/68/69/70/71 RESOLUTION NO. 2882 - RESOLUTION OF THE CITY OF SAN RAFAEL DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING CONVEYANCE OF TITLE TO THE CITY OF SAN RAFAEL (1412 Second St., Third & C, Third & Lootens and Second & C Parking Lots, & Bellam Blvd. Widening) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The City Council adjourned to their regular meeting, following immediately. JEAN M. LEONCINI, City �4 --Iz� �-* Secretary APPROVED THIS oZt'�f DAY OF 1980 l . MAYOR OF THE CITY OF SAN AFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** 295 In the Council Chambers of the City of San Rafael, Monday, April 7, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item 1. Claims for Damages: a. Eva H. Polanger - File 3-1-444 (PW) b. Rose Keller - File 3-1-445 (PW) c. Louise Johnson - File 3-1-478 (PW) 2. Appointment to North Bay Cooperative Library System Lay Advisory Board - File 4-10-83 4. Extension of Time - Improvements in Weissensee/Middagh Land Division (Makin Grade) - File 5-1-249 5. Extension of Time - Pell Hill Develop- ment Application - File 5-1-260 6. Annual Report of San Rafael Redevelop- ment Agency - File 140 8. Appeal of Planning Commission Denial - RS79-1, Thirteen Lot Subdivision, CC80-2, Certificate of Compliance; 325 California Ave.; R. DeWitt Lee, owner; Oberkamper & Assoc., reps.; AP10-011-18 & 10-041-42 - File 5-1-260 Recommended Action 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 Library Board recommendation that Mrs. Clarice Kraemer be appointed to replace Mr. Lyman McBride whose term ex- pired. Mrs. Kraemer's term will be determined by lot, for one or two years. RESOLUTION NO. 5884 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK IN THE WEISSENSEE/MIDDAGH LAND DIVISION (Extended to & including June 30, 1980) RESOLUTION NO. 5885 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Joseph Pell for extension of time limits for project processing, "The Highlands" Devel- opment Application automatically extended 90 days if, at end of April 12, 1980, all permit approval or disapproval has not been rendered by the City for the subdivision) Accepted report. Public Hearing set for Monday, April 21, 1980. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. ADOPTION OF MASTER RESOLUTION AUTHORIZING MAYOR TO EXECUTE CONTRACTS FOR RECREATION DEPARTMENT PROGRAMS - File 4-10-111 Council reviewed a recommendation from Recreation Director Jauch that the Council adopt a master resolution authorizing the Mayor to sign all contracts for recreation program instruc- tors, not exceeding $2,500. Staff would bring before the Council any proposed programs which are considered to be controversial or questionable. Councilmember Breiner asked that staff furnish the Council with information from time to time to keep them advised of the programs, names of instructors and their rates of pay. RESOLUTION NO. 5883 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Authorizing Mayor to sign all Recreation Department Program contracts which do not exceed $2,500) 296 AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. APPROVAL OF TRUST FUND FOR SCHOOL AND CITY BUILDINGS AND FACILITIES - File 4-10-140 Council considered a request from Recreation Director Jauch that they approve the formation of a trust fund, to be called "Friends of Recreation Trust Account", in order to assist nonprofit groups which use City facilities and find it difficult to assist in the development cost, maintenance cost, and rental cost. The trust fund would also cover usage of San Rafael School District and Dixie School District recreation facilities. The monies to be placed in trust will be raised through fundraising activities and each organ- ization would draw on the funds raised by their own fundraisers. The report stated that the "Casino Night" cosponsored by the Recreation Department, American Little League, Senior Little League, San Rafael Youth Soccer League and the San Rafael Goldenaires, will open the trust fund. The event will be held on April 12, 1980. RESOLUTION NO. 5886 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (For trust account to be developed and named the Friends of Recreation Trust Account) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. REPORT ON REQUEST FOR SIDEWALK ON EAST SIDE OF UNION STREET BETWEEN BELLE AND MISSION AVENUES - File 11-7 x 9-3-40 Council reviewed City policy, as outlined by staff, that City does not construct frontage im- provements adjacent to private property, and that on streets where no curb and gutter exist only the roadway is maintained by the City. Maintenance of any unimproved area between the edge of pavement and private property is the responsibility of the abutting property owner. After discussion Council agreed with staff recommendation that no action be taken on subject property at this time, since the adjacent property owners are not willing to construct the improvements and it is not City policy to construct frontage improvements adjacent to private property. Staff was requested to bring back to Council a formal policy statement in this regard, citing certain cases in which, due to safety hazards, etc., the City may pay a portion of the cost for installation and/or reconstruction of sidewalks. 10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: ED79-86, OFFICE BUILDING, AND V80-4, PARKING VARIANCE; 809 IRWIN STREET; KUYKENDALL, CHATHAM & WOODSON, OWNERS; JOHN E. C. NIELSEN & JOHN R. LUNDY, REPS.; AP 14-125-14 - File 10-4 x 10-7 R-46 Mayor Mulryan declared the public hearing opened. Planning staff reviewed the various steps taken by the Planning Commissionm, and recommended that the Council consider three alternatives: 1) Approve the 19,600 sq. ft. three-story building (as shown on the drawings at the meeting); 2) Approve the 22,180 sq. ft. three-story building (as shown on the drawings at the meeting); or 3) Approve the 22,180 sq. ft. three-story building with an additional five-foot setback from Irwin Street. Council then heard from Arthur Chatham, one of the owners, and from John Lundy, architect, who explained the differences in the layout on the first two plans. There being no further input, the public hearing was declared closed. After discussion Councilmember Breiner moved that the Council approve the 19,600 square foot building and try to move it to the rear of the property. There being no second to the motion, no further action was taken on it. After further discussion Councilmember Jensen moved and Councilmember Nixon seconded, to sustain the appeal and allow a 22,180 square foot, three-story building. At Councilmember Miskimen's suggestion, the motion was amended to include requirement that the building be moved back from the Irwin Street side approximately five feet. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 11. FORMATION OF FRANCISCO BOULEVARD EAST UNDERGROUND UTILITY DISTRICT - File 12-18-10 Mayor Mulryan declared the public hearing opened. 297 Public Works Director Caillouette informed the Council that the PG&E has asked that the public hearing be continued to the April 21st meeting because of concern with the deadline date specified in the resolution creating the Underground Utility District, relative to the completion of all underground facilities. Council agreed to continue the public hearing to the April 21, 1980 meeting. (Councilmember Breiner left meeting) 12. URGENCY ORDINANCE TO ALLOW EXCEPTION TO THE NEIGHBORHOOD 13/14 MORATORIUM TO PERMIT REDEVELOP- MENT OF THE WEST END SCHOOL SITE FOR SENIOR HOUSING - File 188 R-144 Mayor Mulryan declared the public hearing opened. Acting Planning Director Moore reported to the Council that, since there are no child care facilities in the West End neighborhood other than at West End School, the neighborhood would like the community portion of the project to include child care. There being no public input, the public hearing was declared closed. An Urgency Ordinance of the City of San Rafael, Excepting Low and Moderate Senior Citizen Housing Project (Rotary Manor) from Provisions of Ordinance No. 1354, and numbering Charter Ordinance No. 1367, was adopted as an Urgency Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Staff was requested to confer with the Rotary Club regarding the possibility of including a child care facility in the West End School building, since there is a definite need in the neighborhood. (Councilmember Breiner returned to meeting) 13. CONSIDERATION OF ORDINANCE REQUIRING DISPLAY OF LOWEST GAS PRICES AT SERVICES STATIONS - File 125 Mayor Mulryan declared the public hearing opened. Mr. Bob Moore, Executive Secretary of the Independent Service Station Association, addressed the Council, objecting to the requirement that gasoline prices be posted. He stated that service station operators do not wish to be required to advertise their prices. Mr. Ed Brendel, a service station operator from the Terra Linda area, also objected to the requirement, and stated the signs would have to be large since they would probably have to show the price per litre as well as per gallon. There being no further public input, the public hearing was closed. After discussion, it was agreed by the Council that the wording with regard to what type of gasoline should be shown on the signs, should be: "Each said sign shall be readable from said traffic lanes, and shall indicate thereon the grade and actual price per gallon or litre, in- cluding all taxes, of whatever grade of gasoline or other motor vehicle fuel the station chooses to post." An Ordinance of the City of San Rafael, Amending Title 10 of the Municipal Code of the City of San Rafael by Adopting Chapter 10.91 "Posting of Gasoline Prices", and numbering Charter Ordinance No. 1368, 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 14. COMMUNICATION FROM STATE DEPARTMENT OF TRANSPORTATION RE SOUTHBOUND ONRAMP TO HIGHWAY 101 FROM SECOND AND HETHERTON STREETS - File 11-16 x 9-3-40 Council discussed a letter from Caltrans, which was sent in response to an inquiry from staff regarding possible alleviation of the traffic congestion in the southbound onramp onto Highway 101 from Second Street. Caltrans feels the ramp operates very efficiently considering that it carries such a high volume, and that there is little which could be done to improve the operation. Councilmember Breiner asked staff to communicate again with Caltrans, and request that they install a "Merging Traffic" sign on the southbound overpass, so that southbound traffic will be inclined to merge to the left and leave the right lane free for the traffic from Second and Netherton. 298 15. EXTENSION OF OAKWOOD SUBDIVISION - File 5-1-244 Council considered a recommendation from Acting Planning Director Moore, that an 18 month extension of the tentative map approval be granted. The Planning Commission had already granted a 12 month extension subject to Council approval, although the applicant had called the Planning Department the day before their March 11, 1980 meeting and asked that it be extended to 18 months. This matter was overlooked at the Planning level, and staff is now recommending that the additional six months be granted. Councilmember Jensen moved and Councilmember Miskimen seconded, to approve an 18 month extension of the tentative map approval for Oakwood Subdivision. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PROPOSED USE AND IMPROVEMENT PLAN FOR PICKLEWEED PARK - File 12-5 The Park & Recreation Commission recommendations for the improvement and use plan for Pickleweed Park were reviewed by Council. The improvement plan, being funded by Roberti-Z'Berg grant monies, includes planting of trees, installation of barbecues, tables and benches, and placing of Parcourse stations. With regard to the use plan, the Commission recommended to the Council that use be restricted to drop-in activities at this time. At a later date, if there is community need for additional fields for organized play, the Commission intends to review each use on an individual basis and make recommendations to the Council. Staff inquired of the Council if they would care to set a date for a dedication ceremony at this time. Councilmember Breiner moved and Councilmember Jensen seconded, to approve the Park & Recreation Commission's suggestion that at present the park be restricted to drop-in activities, and that the matter of organized sports be considered in the Summer when the needs will be more clearly defined. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council agreed to discuss setting a date for dedication of Pickleweed Park. 17. ORDINANCE TO AUTHORIZE SALE OF TWO SURPLUS LOTS ON SANTA MARGARITA DRIVE - (Nos. 328 & 322 Santa Margarita Dr.) - File 2-7 x 2-10 Council considered a staff report, indicating that the Planning Commission recommends that the two lots, 328 and 322 Santa Margarita Drive, be declared surplus property. Accordingly, staff prepared an Ordinance providing for the sale and conveyance of public real property. Names of bidders and bid amounts will be submitted at the April 21, 1980 meeting. It was pointed out that the City has the right to reject a bid if it does not meet minimum bid, which will be set by the Council. An Ordinance of the City of San Rafael, Providing for the Sale and Conveyance of Real Property (328 and 322 Santa Margarita Drive) and numbering Charter Ordinance No. 1369, and read, intro- duced 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 18. CONTRACT WITH DIXIE SCHOOL DISTRICT RE BID AND LEASE AGREEMENT FOR DON TIMOTEO SCHOOL - Pilc 9 -Q -IF Council reviewed a staff report from Recreation Director Jauch, indicating that Dixie School District has now turned all of their surplus property over to a real estate firm in order to find tenants, and are asking that all potential lessees submit formal bids for the classrooms they request. Recreation Department requested permission to bid competitively for the Kindergarten wing at Don Timoteo School, and requested further that they be permitted to overbid their 15¢ per square foot bid, up to 20¢ if necessary. The terms of the lease would be for a minimum of three years with an option to renew two additional years. Staff pointed out that if they overbid to 20¢ the cost would be $582 per month. The overbid would be verbal. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the 15¢ per square foot bid for the Kindergarten wing at Don Timoteo School, with provision for an overbid to 20¢ if necessary, and conditionally approve the signing of the covering lease. 299 RESOLUTION NO. 5887 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Dixie School District, Bid Document for Kindergarten Wing of Don Timoteo School, and Lease Agreement) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. COMMUNICATION FROM KIWANIS RE PARADE AND TOWN PICNIC - File 11-22 Council discussed a letter from Wm. W. Brannan, representing the Kiwanis Club, regarding plans of the Kiwanis and the Native Sons for a parade and town picnic on Sunday, July 13, 1980. Proceeds from the picnic will be donated to the Cleft Palate Fund, sponsored by the Native Sons, and to youth activities sponsored by the Kiwanis Club. Mr. Brannan informed the Council that the two groups are seeking the cosponsorship of the City, by having the City provide Police, Fire, and Public Works services. The parade would hopefully commence at Fourth and E streets, and end at San Rafael High School, with approximately 1,000 people participating in the parade. Approximately 5,000 people would be expected to join in the picnic, which would be held at Forest Meadows on the Dominican campus. After discussion, Council agreed that the Acting City Manager and staff would confer with Mr. Brannan to work out firm plans and a specific proposal, to be submitted as soon as possible. (Councilmember Nixon left meeting) 20. COUNTYWIDE PLAN AMENDMENT RE SIR FRANCIS DRAKE BLVD. AT BON AIR ROAD - File 191 Acting City Manager Meador informed the Council that the City of Larkspur has requested that a proposed Countywide Plan Amendment regarding the widening of Sir Francis Drake Boulevard in the vicinity of Bon Air Road be discussed between the Larkspur City Council and a committee from the San Rafael City Council. It was agreed that Mayor Mulryan and Councilmember Breiner would meet with the Larkspur City Council, and that the Marin County Planning Commission would be requested to extend their deadline for a reply until after April 15, 1980. 21. RESOLUTION FOR LEAA FEDERAL GRANT APPLICATION FOR POLICE DEPARTMENT'S YOUTH SERVICES BUREAU FOR FY 1980/81 - File 4-10-115 Police Chief Benaderet informed the Council that in order to receive approximately $38,000 from the federal government for the second year of the City's LEAA grant, the Council must pass a resolution between the City and the Office of Criminal Justice Planning guaranteeing hard match funds. The funding by the City will be approximately $7,000, by extending the budget year one month. RESOLUTION NO. 5888 - APPLICATION FOR GRANT FOR LAW ENFORCEMENT PURPOSES TO THE OFFICE OF CRIMINAL JUSTICE PLANNING (Second year of Youth Services Bureau Grant, for Educational Outreach & Juvenile Diversion Programs) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon 22. CONVERSION OF EMERGENCY GENERATOR - File 13-11 x 9-3-30 Councilmember Nixon returned during discussion) Harry Barbier, Assistant to the City Manager, presented a staff report, indicating the need for an emergency generator in the Police Department which could run on a dual fuel operation, and recommending the conversion of the emergency power generator for this purpose. The gen- erator for City Hall presently runs on natural gas and can power the entire Police Department in event of a power failure. However, should there be a major earthquake resulting in the natural gas supply being cut off, the Police Department would have no power. The plan is to install a 550 gallon gas tank at the northeast end of the City Hall, which would allow the generator to run either on natural gas or gasoline. The gasoline could be kept fresh by servicing Police vehicles occasionally. The total cost would be approximately $6,369, and there is $3,000 budgeted for the project in the Building Maintenance account. Council asked staff to work out the details and come back with a firm, specific proposal. (Councilmember Miskimen left meeting) 23. REQUEST FOR EXEMPTION FROM PORTION OF MASSAGE ORDINANCE - File 9-10-3 Council considered a request for a Shiatsu studio - described as a method involving scientific fingerpoint manipulation of the body's nerve endings. The applicant, Mr. Gerald Studier, asked for an exception to the requirements of the Massage Ordinance which requires that massage establishments be separated by at least 1,200 feet. The space being considered for the Shiatsu 300 studio is at Space 15, 4140 Redwood Highway, adjacent to a massage studio. Mrs. Eiko Studier, who studied Shiatsu in Japan, would operate the studio. Mr. Studier stated that, unfortunately, Shiatsu has become related to Massage studios, which is not correct. He further stated that the studio would cater only to women. Council discussed the matter with Assistant City Attorney Bullard, and he stated he would make a determination as to whether Shiatsu would have to come under the provisions of the Massage Ordinance; otherwise the matter could be handled administratively. Councilmember Breiner moved and Councilmember Jensen seconded, to permit the Shiatsu studio to operate, contingent on the findings of Mr. Bullard, and with the further stipulation that the studio be operated only for women and that the operators be licensed by the State; and that there be no signs posted on the exterior of the building relating to Shiatsu or any form of massage. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen ADD ITEMS (Councilmember Miskimen returned) I POLICE COMMISSION'S REQUEST FOR LEGAL OPINIONS - File 9-2-28 x 9-3-16 Council considered a memo from the Police Advisory Commission to the City Attorney, which was forwarded to the Council be Acting City Manager Meador, in which the Commission requested a clarification of their role regarding personnel matters involving salaries and negotiations. Council unanimously agreed that the Police Advisory Commission should not become involved in salaries or salary negotiations. II ATTENDANCE AT CONTINUING EDUCATION FOR CITY ATTORNEYS - File 9-3-16 x 102 Councilmember Breiner moved and Councilmember Jensen seconded, that Assistant City Attorney Bullard be authorized to attend the upcoming Continuing Education for City Attorneys Program, at a cost of $340. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None III RESIGNATION OF SCOTT DEMING FROM PLANNING COMMISSION - File 9-2-6 Acting City Manager Meador informed the Council that Planning Commissioner Scott Deming is resigning from the Planning Commission due to press of business. Councilmember Jensen moved and Councilmember Miskimen seconded, to accept the resignation with regret, and ask staff to advertise for thirty days for applications for a replacement. RESOLUTION NO. 5889 - RESOLUTION OF APPRECIATION (Scott Deming) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None an.ini IRNMFNT Council adjourned the meeting in honor of Sister Mary Samuel Conlan, OP, who is retiring after twelve years as President of Dominican College. The next regular meeting will be Monday, April 21, 1980. EXECUTIVE SESSION 24. Council retired to Executive Session, to discuss employee negotiations. (YWE M. LEONCINI, City Clerk APPROVED THIS S -t L DAY OF 1980 MAYOR OFTHE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** 301 In Room 201 of the San Rafael City Hall, Tuesday, April 15, 1980, at 7:30 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman Absent: Fred E. Jensen, Councilmember/Agency Member EXECUTIVE SESSION Executive Session to Discuss Property Acquisition and Employee Negotiations. No action was taken. City Council/Redevelopment Agency adjourned to their next regular meeting on Monday, April 21, 1980. JEAN M. LEONCINI, City Jerk/Agency Secretary APPROVED THIS DAY OF ?r� , 1980 MAYOR OF THE CITY OF SAI RAFAEL GENCY MEMBER *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Thursday, April 17, 1980, at 5:30 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member Absent: John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman Also Present: Raymond L. Meador, Acting City Manager/Acting Executive Director RE: DISCUSSION OF RECRUITMENT FOR CITY MANAGER AND REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR - File 9-3-11 x 7-4 x R-140 #7 Council/Agency met jointly for purpose of discussing hiring of executive search firm relative to the positions of City Manager and Redevelopment Agency Executive Director. The decision of the Council/Agency was to interview the firms of: Marin Personnel Services Ralph Andersen & Associates Arthur Young, Executive Resource Consultants Broyles, Hassebrock & Associates Council/Redevelopment Agency adjourned to their next regular meeting on Monday, April 21, 1980. .ter . MEADOR, Acting Ci ing Agency secretary APPROVED THIS DAY OF 1980 AYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** 302 In the Council Chambers of the City of San Rafael, Monday, April 21, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; CONSENT CALENDAR Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of March 24, April 2, 7 and 15, 1980 Meetings 2. Claims for Damages: a. Mrs. Richard W. Hill (Mary E.) - File 3-1-484 (PW) b. Ghilotti Bros. - File 3-1-487 (PW) (Cross ref. Claim of Mary Tranter, File 3-1-466) 4. Authorization to Place Sculptures at City Hall and San Rafael Community Center - File 9-2-24 5. Resolution Authorizing Grant Appli- cation for SB 174 Funds (Pickleweed Park) - File 4-10-142 x 12-5 6. Extension of Time for Construction of Handicapped Access Facilities - 36 Professional Center Parkway - File 4-10-125 7. Appeal of Planning Commission Deci- sion, by Adjacent Property Owners; S80-9, Two -Lot Subdivision; 226 Magnolia Ave.; Robert & Peggy Bell, owners; Boris & Mary Lakusta, appellants; Leland H. Jordan, rep. for appellants; AP 15-121-10 - File 10-8 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial Approved staff recommendation, that sculpture show at Falkirk commencing May 9, 1980, be expanded by having sculpture in City Hall lobby and three pieces throughout San Rafael Community Center, at no cost to City. Hold harmless agreements will be furnished. RESOLUTION NO. 5891 - APPROVING THE AP- PLICATION FOR GRANT FUNDS UNDER SB 174 (THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM) (Allocation for 1979/80 is $11,388, with City supplying $3,800 in form of labor (force account) ) Approved staff recommendation for six- month extension of agreement and bond, to 9/1/80, for installation of facilities for handicapped, subject to bond being kept in full force and effect for the extension period. Set public hearing for May 5, 1980. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. REQUEST FROM MARIN HERITAGE SEEKING PERMISSION TO RESTORE GREENHOUSE AT FALKIRK - File 4-10-141 Council reviewed a proposal from Marin Heritage, submitted through the Cultural Affairs Com- mission and Recreation Director Jauch, for permission to restore the greenhouse at Falkirk. Fred Dekker, president of Marin Heritage, informed the Council that Marin Heritage will have a fund-raiser to make at least $5,000 and he asked if the City could contribute a like amount, so Marin Heritage could apply through the City of San Rafael for a matching funds grant from the Office of Historic Preservation in Sacramento. Mr. Dekker stated that the restored green- house would not only complement the Falkirk house and grounds, but would offer a place where horticultural programs could be offered, and which community garden clubs could utilize. Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the request to apply for matching funds from the Office of Historic Preservation, for the restoration of the Falkirk greenhouse, with the City of San Rafael providing $5,000 which may be partially offset by in- kind services. 303 RESOLUTION NO. 5890 - RESOLUTION APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN-AID FUNDS FOR A FALKIRK GREENHOUSE RESTORATION PROJECT AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE REGARDING REGULATION OF THE SALE OF DESIGNATED BEVERAGES AND DEPOSIT ON THEIR CONTAINERS BOTTLE BILL - File 155 Councilmember Miskimen was excused from the public hearing due to a possible conflict of interest. Mayor Mulryan declared the public hearing opened. He then set the "ground rules", stating that a half hour would be devoted to presentations in favor of a regulating ordinance, and a half hour to hear negative comments. He asked that a repetition of comments be eliminated where possible. Council then heard from proponents of the ordinance: Ailene Taylor of the San Rafael Citizens for the Bottle Bill; Tom Robertson, Chairman for the Marin Committee for Container Deposit; Sue Beittel; Ken Reichard; Mary Donnelly of the Marin Conservation League; Stewart Bacon, Co -president of Friends of Solar Village; Virginia Franklin, high school teacher; Mary Ann Thomas of the San Rafael P/TA; Virginia Mc Nab of Common Cause; and Eva Bertram of the Marin County Youth Commission. They spoke of the effect of an ordinance on controlling litter, both on highways and in private sectors, and felt that it would not be a financial burden on the retailers and distributors. They urged the Council to adopt an ordi- nance similar to that of Marin County. They felt that the new curbside recycling program, soon to be put into effect by the Marin Sanitary Service with the aid of a State grant of $500,000, would be an adjunct to the control of litter, but it would take the combination of a container deposit ordinance and the curbside recycling to have an effective program. Mr. Tom Hendricks of the County Counsel's Office informed the Council that the curbside re- cycling program would not be in conflict with a container deposit ordinance. He stated that the County staff would be happy to assist the City in any way to help pass such an ordinance. The opponents to adoption of such an ordinance were then heard: Chuck Daniels, of Golden Gate Distributors, representing five distributors in San Rafael; Joe Garbarino, Marin Sanitary Service; Ryan Broderick of Raymond Bell & Associates, con- sultants for the curbside recycling program; Rich Cohen of The Cheese Shop; Sil Bianchini, of Sil's Market; and Tony Campodonico, distributor. The consensus of their remarks was that enactment of such an ordinance would cause considerable expenditures for them, that it would be inflationary and ineffective, and that the curbside recycling program soon to get underway would take care of the litter program without the adoption of the ordinance. The owners of small businesses mentioned the inequity when they were forced to redeem many more bottles than they had sold which would result in a loss of revenue to them, as well as a storage problem. There being no further input, the public hearing was declared closed. After discussion Councilmember Nixon moved and Councilmember Jensen seconded, not to adopt the Bottle Bill at this time, in view of the material presented to the Council and the strong reasonable doubt that this is the right thing to do in one county only, and in view of the existence of SB 650 and the new collection program. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT (Excused): COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned to meeting) 9. PUBLIC HEARING - FORMATION OF FRANCISCO BOULEVARD EAST UNDERGROUND UTILITY DISTRICT - File 12-18-10 Mayor Mulryan declared the public hearing opened. Council considered a staff report regarding the details of the proposed Underground Utility District for Francisco Boulevard East. It was pointed out that the total estimated amount of Rule 20 funds available for the project is approximately $1,604,000. The timetable agreed upon between the City and PG&E is: 1) Assessment District for frontage and roadway improvements must be formed by October 1, 1980 and, if not, no utility underground work is to start until the Assessment District is formed; 2) After formation of the Assessment District, the utility companies are to begin work and complete the underground installations so as to be able to transfer customers to that system by August 1, 1981; 3) All property owners are to convert their facilities and must be ready to connect to the underground system by November 1, 1981; 4) The utility companies are to remove the overhead system by February 1, 1982. 304 Councilmember Breiner inquired about the chain link fence dividing the area from Highway 101 being replaced by a more attractive barrier, and Public Works Director Caillouette assured her that Caltrans will upgrade and beautify the present fencing. There being no further comment, the public hearing was declared closed. RESOLUTION NO. 5892 - RESOLUTION ESTABLISHING FRANCISCO BOULEVARD EAST UNDERGROUND UTILITY DISTRICT AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - A78 -24(b) - ZONING CHANGE FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -C (PLANNED COMMUNITY) DISTRICT; TO PERMIT DEVELOPMENT OF A 36,000 SQ. FT. OFFICE BUILDING ON THE LOWER PORTION OF A 10 -ACRE PARCEL OF LAND ON SOUTH SIDE OF LUCAS VALLEY ROAD BETWEEN LOS GAMOS DRIVE AND LAS GALLINAS AVENUE; ONE LUCAS VALLEY ROAD PARTNERSHIP, GEORGE MANDANIS & THOMAS BROWN, OWNERS: JOHN POWERS. REP.: AP 165-010-80 - File 10-3 Mayor Mulryan declared the public hearing opened. The staff report indicated that a 30,000 square foot building had already been approved by the Planning Commission, including 102 parking spaces. The developer requested a proposed amendment to the zoning to increase the size of the building to 36,400 square feet with 115 parking spaces, which was approved by the Planning Commission. Dwight Winther, representing the One Lucas Valley Road Partnership, stated that after the ap- proval of the 30,000 square foot building there was a problem of financing and the larger build- ing will permit decreasing costs and increasing revenue to make a more viable project. The landscaping plan is being modified in compliance with the Design Review Board's recommendation. The footprint will stay the same, with the building design being modified. John Powers, architect for the project, then explained with the aid of his drawings, how the building would fit into the area. There being no further public input, the public hearing was declared closed. Councilmember Jensen moved and Councilmember Breiner seconded, to certify the Negative Declara- tion. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from P -C (Planned Community) District to P -C (Planned Community) District (South Side of Lucas Valley Road between Los Gamos Drive and Las Gallinas Avenue), and numbering Charter Ordinance No. 1370, 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 11. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL: TS79-1, THIRTEEN LOT SUBDIVISION; CC80-2, CERTIFICATE OF COMPLIANCE; 325 CALIFORNIA AVENUE; R. DeWITT LEE, OWNER; OBERKAMPER & ASSOC., REP.; AP 10-011-18 & 10-041-42 - File 10-8 Mayor Mulryan declared the public hearing opened. Council heard from Assistant City Attorney Bullard, discussing the legal aspects of the appeal, and from Leland H. Jordan, attorney for the owner. Art Brook of the Planning Department re- ported on the Planning Commission's action. Mr. Jordan presented a report from Donald Herzog & Associates, Consulting Geotechnical En- gineers, regarding the area of California and Windsor avenues, and a drainage study from Oberkamper & Associates. Neither of the documents had gone through the Planning Commission. It was agreed by Council and the appellant that the matter be continued to the meeting of May 19, 1980, to allow time for the Geotechnical Review Board and Planning Commission to study the new reports on soil and drainage. 12. FINAL ADOPTION - ORDINANCE NO. 1366 - ADDING CHAPTER 1.30 TO THE MUNICIPAL CODE OF THE CITY OF - riie x 1-0- 305 CHARTER ORDINANCE NO. 1366 - An Ordinance of the City of San Rafael, Adding Chapter 1.30 to the Municipal Code of the City of San Rafael Entitled "Issuance of Citations by Designated Officers and Employees" (Uniform Fire Code Enforcement) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. FINAL ADOPTION - ORDINANCE NO. 1368 - AMENDING TITLE 10 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL BY ADOPTING CHAPTER 10.91 POSTING OF GASOLINE PRICES - File 125 CHARTER ORDINANCE NO. 1368 - An Ordinance of the City of San Rafael Amending Title 10 of the Municipal Code of the City of San Rafael by Adopting Chapter 10.91 "Posting of Gasoline Prices", was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: None 14. FINAL ADOPTION - ORDINANCE NO. 1369 - ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY 328/322 SANTA MARGARITA DRIVE - File 2-7 x 2-10 CHARTER ORDINANCE NO. 1369 - An Ordinance of the City of San Rafael Providing for the Sale and Conveyance of Public Real Property (328/322 Santa Margarita Drive), 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 15. REPORT ON BID OPENING - SALE OF SURPLUS PROPERTY, SANTA MARGARITA DRIVE - File 2-7 x 2-10 Staff informed the Council of a typographical error regarding the address of one of the properties. The property shown as 320 should be shown as 328. However, the legal description of the property is correct. Councilmember Jensen asked to be excused, and left for the balance of the meeting. Councilmember Miskimen moved and Councilmember Nixon seconded, to set a minimum bid amount of $20,000 for each lot. AYES: COUNCILMEMBERS: Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Jensen Councilmember Breiner stated that she felt the amount was too low. Council then opened the five sealed bids. Councilmember Miskimen moved and Councilmember Breiner seconded, to accept the bid of Dino Paladini of San Francisco, for $30,000 per lot, total $60,000. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 16. ACTUARIAL STUDY - File 7-1-26 Council reviewed a report from Finance Director Coleman, regarding the actuarial evaluation made in May 1979, by the Martin E. Segal Company. The report must be implemented by July 1, 1980. Staff recommended that the City accept the Martin E. Segal Company report and implement the recommendations, including the "Alternate Deficit Method" of funding with an annual transfer from the Retirement Trust Fund to cover the unfunded liability for prior service. Staff also recommended that the employees' share of retirement costs be phased in over a two-year period. Councilmember Miskimen moved and Councilmember Breiner seconded, to accept staff recommendations regarding the alternate deficit method of funding with an annual transfer from the Retirement Trust Fund to cover the unfunded liability for prior service. Further, the employee share of the retirement costs is to be phased in over a two-year period; with the City's share to be phased in over five years. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 306 17. VACANCY ON MOBILE HOME PARK ADVISORY COMMITTEE - File 9-2-29 Council considered an application received from James I. Kelly, as the independent, unbiased member of the Mobile Home Park Advisory Committee. Councilmember Breiner moved and Councilmember Miskimen seconded, to appoint Mr. James I. Kelly to the Mobile Home Park Advisory Committee. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 18. FOLLOWUP REPORT RE CONVERSION OF EMERGENCY GENERATOR - File 13-11 x 9-3-30 Councilmember Breiner moved and Councilmember Miskimen seconded, to approve installation of a gasoline tank at a total cost of $6,369, to include the fuel pump which could be used occasion- ally to fuel police cars to prevent the gasoline from becoming stale. With $3,000 in this year's budget for the project, the balance will come from unappropriated funds. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 19. INTEREST ON REDEVELOPMENT AGENCY LOAN - File 140 (R-103) Council considered a letter received from the County Auditor -Controller, regarding the City charging interest to the Redevelopment Agency for the Agency's loan. It was pointed out that this is not a mandatory charge, and it is strictly a policy matter if interest is charged by the City of San Rafael. Council agreed to address a letter to the County, stating that the City's policy of charging interest to the Redevelopment Agency wil continue as at present. 20. ENDORSEMENT OF PROPOSITION 11 - File 9-4 Council agreed to discuss Proposition 11, and other upcoming propositions in the June election, at a later date. EXECUTIVE SESSION 21. Executive Session was cancelled. ADJOURNMENT The City Council adjourned to their special joint meeting with the Redevelopment Agency at 5:00 PM on Tuesday, April 22, 1980. J ANE M. LEONCINI, City Clerk APPROVED THIS 6 DAY OF 1980 C -MAYOR OF THE CITY OF SA RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Tuesday, April 22, 1980, at 5:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member Absent: John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman Also Present: Jeanne M. Leoncini, City Clerk/Agency Secretary 30'7 RE: COUNCIL/AGENCY INTERVIEWS WITH EXECUTIVE SEARCH RECRUITMENT FIRMS RE POSITIONS OF CITY MANAGER AND REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR - File 9-3-11 x 7-4 x R-140 #7 Council/Agency interviewed firms of: Marin Personnel Services Ralph Andersen & Associates Arthur Young, Executive Resource Consultants Korn/Ferry International Broyles, Hassebrock & Associates At the conclusion of the interviews, Council/Agency agreed to hold off making a decision until they had an opportunity to check the references provided by the firms. Council/Redevelopment Agency adjourned to their next regular meeting on Monday, May 5, 1980. JEATY M. LEONCINI, City C erk/Agency Secretary APPROVED THIS J��C DAY OF 1980 C . MAYOR OF THE CITY OF SAN RAFAEL/ GENCY MEMBER *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Monday, May 5, 1980, at 6:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Absent: Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager EXECUTIVE SESSION Executive Session to Discuss Personnel Matters. No action was taken. City Council adjourned to their next regular meeting following at 8:00 PM. zllz4a� , AAa44 — RAYM D L. MEADOR, Acting City Clerk APPROVED THIS DAY OF 1980 C, MAYOR OF THE CITY OF SA RAFAEL *** *** *** *** *** *** *** *** 308 In the Council Chambers of the City of San Rafael, Monday, May 5, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of April 7, 17, 21 and 22, 1980 Meetings 2. Claim for Damages - Laura L. Headley, File 3-1-481 (PD -PW) 3. Resolution Accepting Grant of Pedestrian Easement - Fourth Street Improvement Project - File 2-5 x 4-1-286 (SRRA R-133) 4. Evaluation of "Phoenix House" - Halfway House at 408 Fourth St. - File 10-5 5. LEAA Third Year Funding Prospects - File 4-10-114 6. Report on Bid Opening - Sanitary Sewer Replacement Project at Peacock & McNear Drives - File 4-1-292 7. Resolution Reclassifying Accountant (Confidential) to Senior Account Clerk (Confidential) - File 7-4 8. Agreement for Continuing Consultant Relationship - Public Works Projects - Filc d-1-7Fi 9. Report on Las Gallinas Valley Sanitary District - File 189 10. Resolution Designating Week of May 19/26, 1980, as Citizen Awareness - Burglary Prevention Week - File 104 11. Correspondence from Marin Sanitary Service re Rate Analysis - File 4-3-32 12. Request of San Rafael Power Boat Squadron re Beach Park Use - File 9-2-4 x 12-15 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5893 - ACCEPTING GRANT OF PEDESTRIAN EASEMENT, FOURTH ST. IMPROVE- MENT PROJECT (Suzanne A. Irwin & Glen L. Evers, NE corner of Fourth & C Sts.) Referred to Planning Commission. Approved staff recommendation to send letter of opposition to Senators Cranston & Hayakawa, and to Congressman Burton, re elimination of LEAA funding. RESOLUTION NO. 5894 - RESOLUTION OF AWARD OF CONTRACT (To North Bay Construction, Inc., Bid Amount $21,250.00) RESOLUTION NO. 5895 - AMENDING RESOLUTION NO. 5740 PERTAINING TO THE COMPENSATION OF CONFIDENTIAL EMPLOYEES (Deleting Accountant (Finance) and Adding Senior Account Clerk) RESOLUTION NO. 5896 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR CONSULTING SERVICES (W/Ely Caillouette, Jr., for consultant services as required, $18/hr., max. 10 hrs./mo.) Accepted report, re delay in improvements due to defeat of bond issue in April 8, 1980 election. RESOLUTION NO. 5897 - TO "TAKE A BITE OUT OF CRIME"; TO DESIGNATE THE WEEK OF MAY 19/26, 1980 AS CITIZEN AWARENESS/BURGLARY PREVEN- TION WEEK; AND TO CALL UPON ALL CITIZENS AND AGENCIES TO WORK TOGETHER IN COMBATTING THE CRIME OF BURGLARY. Referred to City of Larkspur; Town of Ross; Las Gallinas Valley Sanitary Dist.; and Sanitary Dist. No. 1, to agree on method of analysis and retention of a rate analyst. Referred to Park & Recreation Commission. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 300 13. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL; UP8O-18 - EMERGENCY HOUSING FACILITY, 430 MISSION AVE.; FRANCES KNUDTSON, OWNER; KATHRYN VALENCIA, REP.; AP 14-054-22 - File 10-5 Mayor Mulryan declared the public hearing opened. Council heard a report from Acting Planning Director Anne Moore, in which she reviewed the history of the Marin Emergency Housing, and their current request to relocate from 424 Mission Avenue to a house they are planning to purchase at 430 Mission Avenue. The Planning Commission denied the Use Permit on 3/25/80, although the Emergency Housing has been in the same neighbor- hood since 1974 and has been granted use permits in the past. If the City Council upholds the appeal, staff is recommending conditional approval, with conditions (a) through (h). Council then heard from those individuals in favor of having the facility continue to operate in the area. They heard from: Marilyn Crowell, former board member of Emergency Housing; Dan Thomas, Architect; Richard Ridenour, Director of the Marin County Department of Health & Human Services; Anise Turina, representing Ecumenical Housing; Vern MacFarlane, social service worker; Carey Benthall of 714 Mission Avenue; Lois Lane of 1212 Grand Avenue; Eleanor Bailey of 120 Park Street, whose son is a paper boy in the neighborhood in question; Renee Clark and Deborah Kreuger, who had stayed temporarily at the Emergency Housing facility; and Frances Knudtson, present owner of 430 Mission Avenue. All speakers praised the facility, and its benefit to the community, and those living in the neighborhood had no complaints about its effect on the area. Those opposed to the facility were then asked to give their input. They were: Allen Currie of 1200 Grand Avenue; Bill Sherman of 625 Belle Avenue; Doug Johnson of 1201 Grand Avenue; Neal Delma, of 411 Mission Avenue; Terry Cosgrove of 510 Mission Avenue; and Hedwig Zaunmuller, owner of property at 418 Mission Avenue, previously used by Marin Emergency Housing. Their complaints were regarding the disturbance of people ringing their doorbells looking for the emergency facility, lack of upkeep of the premises presently being used, cars parked for long periods in the area, and the fear that because of other halfway house facilities already in the area their entire area may become downgraded. There being no further public input, the public hearing was declared closed. After discussion, Councilmember Breiner moved and Mayor Mulryan seconded, to uphold the appeal and approve the Use Permit, with Condition (h) revised to include an initial six-month review before the City Council if any of the neighbors express a concern". The motion was then amended at the request of Councilmember Nixon, that Condition (f) be revised to limit the occupancy of the site to 20, rather then 25, individuals. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - PROPOSED AMENDMENTS TO TITLE 14, ZONING ORDINANCE - 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 Sections: 14.08.070; 14.1O.O4O(c); 14.13.13O(b); 14.13.13O(d); 14.15.010; 14.16.025; 14.20.025; 14.75.020; 14.75.O3O(b); 14.75.O5O(j); 14.88.020; and 14.92.020; Repealing Sections: 14.15.O2O(e) and 14.2O.O2O(g); and Establishing Chapter 14.61 Entitled "0: Open Space District" of Title 14, Zoning, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1371 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 15. APPEAL OF PLANNING COMMISSION DECISION, BY ADJACENT PROPERTY OWNERS; s8O-9, TWO -LOT SUB- DIVISION; 226 MAGNOLIA AVE.; ROBERT & PEGGY BELL, OWNERS; BORIS & MARY LAKUSTA, APPELLANTS; LELAND H. JORDAN, REP. FOR APPELLANTS; AP 15-121-10 - File 10-8 Mayor Mulryan declared the public hearing opened. Council considered a memorandum from Assistant City Attorney Bullard, recommending that the matter be remanded to the Planning Commission for further action before the Council hears the appeal. Mr. Bullard stated that, in his opinion, before an appeal is heard by the Council the Planning Commission should reconsider the matter and make findings necessary to support an exception to the Subdivision Ordinance. Mr. Charles Bell, owner of the property in question, asked Mr. Bullard if it is his opinion that the conditional exception is required, and Mr. Bullard replied in the affirmative. There being no further public input, the public hearing was declared closed. It was the order of the Council that the matter be remanded to the Planning Commission as recommended. 310 PERSONS WISHING TO ADDRESS COUNCIL - File 9-4 Mr. Joe Bernat, Director of Marin United Taxpayers Association, presented a letter to the Council, asking for their support of Proposition 9 on the June 1980 Primary Statewide Ballot. 16. REPORT ON PLANNING COMMISSION VACANCY - File 9-2-6 Council set the date of Monday, May 19, 1980, at 6:00 PM, for a special meeting to interview eleven applicants for the Planning Commission vacancy created by the resignation of Scott Deming. (Councilmember Nixon left meeting) 17. RECONDITIONING OF FIRE ENGINE NO. 10 - File 4-2-148 Council heard from Fire Chief Marcucci regarding the cost of reconditioning of Fire Engine No. 10. The lowest bid received was for $73,530. Chief Marcucci recommended that the Council reject all bids and authorize an expenditure of $55,000 for the reconditioning of the 1965 Van Pelt Pumper, and that the Fire Department be allowed to negotiate the reconditioning of the engine. The existing engine would be rebuilt, along with the transmission. Councilmember Breiner moved and Councilmember Miskimen seconded, to accept the Fire Chief's recommendation and authorize an expenditure of $55,000 for the reconditioning of the fire engine. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon 18. AUTHORIZATION TO REQUEST PROPOSALS FOR ENGINEERING SERVICES - FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT - File 6-34 x 12-18-10 Councilmember Nixon returned during discussion) (Councilmember Miskimen left meeting) Council considered a staff recommendation for authorization to request proposals for engineering services for the Francisco Boulevard East Assessment District. All proposals received, with staff recommendations, will be presented to the Council when ready. Councilmember Breiner moved and Councilmember Nixon seconded, to approve staff recommendation that they request proposals for engineering services for the Francisco Boulevard East Assessment District. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Public Works Director Caillouette informed the Council that the above action is required by PG&E before they will commence their work. 19. CITY EXPENSES FOR THE KIWANIS PARADE - File 11-22 Council reviewed a staff report involving a total of $3,705 in City services in connection with the Kiwanis Parade on July 13, 1980. The services consist of Public Works, Police and Fire services, and City Clerk's mailing of notices to parkers in the Viaduct parking lots. Council agreed to the expenditure of $3,705. Assistant City Attorney Bullard stated, in reply to a question from the Council, that he does not believe these expenses should involve the $1,000 fund for advertising, since these are normal City services. (Councilmember Miskimen returned) 20. REPORT ON FAIR EVICTION ORDINANCE - File 187 Assistant City Attorney Bullard presented a draft of a "fair eviction" ordinance which had been prepared at direction of the Council and reviewed by attorneys Edward Rockman and Brent Weller, realtor H. G. Marchant, and staff member Ed Ward. Mr. Bullard stated that he is not convinced that there is 100% agreement between the members of the group as to its legality. He stated that a similar ordinance in Cotati had been challenged in court and he suggested that the Council may wish to wait for the outcome before considering this ordinance. Council agreed to return the draft to the group for further review and an attempt to reach agreement on all points within the ordinance. In the meantime, Mr. Bullard will check on the status of the Cotati case. Council further directed that the draft ordinance should be reviewed by the Marin County Board of Realtors, Canal Community Council, Legal Aid Society of Marin, and the Marin Investment Property Owners Association. 21. FINAL ADOPTION - ORDINANCE NO. 1370 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C PLANNED COMMUNITY DISTRICT TO P -C PLANNED COMMUNITY DISTRICT South Side of Lucas Vallev Road. Between Los Gamos Drive & Las Gallinas Avenue - File 10-3 311 CHARTER ORDINANCE NO. 1370 - An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from P -C (Planned Community) District to P -C (Planned Community) District (South Side of Lucas Valley Road Between Los Gamos Drive and Las Gallinas Avenue) 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 22. 1979 CRIME DATA REPORT - File 9-3-30 Council reviewed and accepted a report comparing crime data for the years 1978 and 1979 as reported to the FBI. 23. POLICE DEPARTMENT MATTERS: a. Lieutenant Reorqanization - File 7-4 x 9-3-30 Council considered a recommendation from Police Chief Benaderet, that a job classification of Public Service Aide at salary range P-7, $910-$1,088, be created, and that the presently vacant Lieutenant position be financed by reclassifying a sworn officer to Police Service Aide. After discussion Councilmember Miskimen moved and Councilmember Nixon seconded, to approve the filling of the Lieutenant's position, but not tie it in with the proposed Public Service Aide position. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Acting City Manager Meador suggested to the Council, and they agreed, that outside manage- ment assistance should be engaged, to work with Chief Benaderet and the City Manager's Office, to study the organization of the Police Department. Public Service Aide to be considered. b. Request for Supplemental Appropriation for Police Department - File 9-3-30 x 8-5 Council reviewed a request from Police Chief Benaderet for supplemental budget appropria- tions for the Police Department overtime account in the amount of $76,000. Item was continued to the meeting of May 19, 1980, in order to give staff an opportunity to provide the Council with computations supporting the request. 24. DISCUSSION OF POLITICAL SIGN ORDINANCE - File 125 Assistant City Attorney Bullard informed the Council that recent Federal case law decisions have severely restricted a city's ability to regulate the placement of political signs, and that there is little distinction between the private versus the public property aspect. Therefore, in order to have the City's ordinance comply with the law, Mr. Bullard offered to prepare a revised Political Sign Ordinance for Council approval. Council agreed to this, and asked that it be given a low priority. 25. INSTALLATION OF PARKING METERS - BROOKS STREET - File 11-18 RESOLUTION NO. 5898 - ESTABLISHING TWENTY-FOUR MINUTE PARKING METERS ON BROOKS STREET (Three stalls, Brooks Street between Second & Third Streets) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. REQUEST FOR RENAMING OF IRWIN STREET - File 11-2 Council agreed to set a future date for a public hearing to discuss renaming of Irwin Street to Rafael Drive, at the entrance to San Rafael. ADD ITEMS: I AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES RE EXECUTIVE SEARCH SERVICES - File 4-3-77 x 7-4 RESOLUTION NO. 5899 - RESOLUTION AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Ralph Andersen & Associates, for Executive Search Recruitment Services - City Manager/Executive Director Position) AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 312 II MAINTENANCE DREDGING OF SAN RAFAEL CANAL - File 12-10 At the recommendation of Public Works Director letters to Congressmen John Burton and Donald maintenance dredging of the San Rafael Canal. pass a supplemental appropriation bill, or all dredging will be frozen. ADJOURNMENT Caillouette, Council authorized staff to send Clausen, asking their assistance regarding the Mr. Caillouette stated that Congress needs to funds for contracts such as ours for the Councilmember Jensen moved and Councilmember Nixon seconded, to adjourn the meeting in honor of Ely Caillouette, Jr., Public Works Director and City Engineer, who will retire the end of May. The Council commended Mr. Caillouette for his many years of loyal and faithful service to the City. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EXECUTIVE SESSION 27. Council retired to Executive Session, to discuss pending litigation, hiring of personnel, and various criminal actions. J A NE M. LEONCINI, City Clerk APPROVED THIS lq_� DAY OF 1980 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Thursday, May 8, 1980, at 5:30 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member DorothyL. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member (Arr. 6:00 PM) Absent: Jack G. Nixon, Councilmember/Agency Chairman Also Present: Jeanne M. Leoncini, City Clerk/Agency Secretary RE: DISCUSSION WITH EXECUTIVE SEARCH RECRUITMENT FIRM OF RALPH ANDERSEN AND ASSOCIATES RELATIVE TO QUALIFICATIONS FOR POSITION OF CITY MANAGER/EXECUTIVE DIRECTOR - File 9-3-11 x 7-4 x R-140 #7 Mr. Ralph Andersen, of Ralph Andersen & Associates, Executive Search Recruitment firm, reported that he had spent the day interviewing the Council/Agency members individually to obtain their views on what they were seeking in a City Manager/Executive Director. He found a very good concensus of opinion among the Council/Agency members. Re education, the candidate should have significant administrative and supervisory experience, with a general background in some, or all, of the following areas: Budget preparation and analysis, public finance, including long-term financing techniques; personnel and labor re- lations; organization analysis, including ability to evaluate different alternatives; govern- mental relationships, including knowledge of local, regional, State and Federal agencies; comprehensive planning, including redevelopment, downtown revitalization, economic development, annexation, housing, and marina operation and development; and a general knowledge of local government services, including police, fire, parks, recreation, public works and libraries. Re personal characteristics, candidate should be personable; have strong administrative leadership qualities, including the ability to identify practical problems, develop alterna- tive solutions, and make recommendations, using a businesslike approach; should be mature, open, trustworthy, accessible, innovative, flexible; have the ability to listen; have a demonstrated ability to work with people and to be firm when necessary; should be decisive, sensitive to the needs and role of the Mayor and City Council, including the need to keep them fully informed and to treat them equally; have the ability to delegate; be a team builder, including the development of departmental personnel as managers; and have the ability to organize and present complex information and analyses in understandable written form. 313 After discussion, the Council/Agency agreed to leave the salary open. Mr. Andersen then stated the recruitment process will include wide advertising coverage of the position in various publications. Also, letter invitations will be sent to selected candidates to apply for the position, with a followup personal telephone call made. Mr. Andersen requested that all resumes be sent directly to Ralph Andersen and Associates for review and recommendation. The week of June 30 - July 4 will be set as a deadline for receipt of applications. Thereafter, a complete list will be drawn up for review by the Council/Agency within two to three weeks at the most, with the list broken down into three groups of applicants. The first group will be recommended as finalists, to include approximately six to eight appli- cants. The second group will be the backup group, and the third group will be all the others. Complete resumes, rating sheets, and suggested questions to be asked the applicants will be provided to the Council/Agency, who will then hold the interviews and make a selection. Mr. Andersen stated he will be available at all times to assist the Council/Agency and staff in any way possible. Council/Agency members thanked Mr. Andersen for his comprehensive report. City Council/Redevelopment Agency adjourned to their next regular meeting on Monday, May 19, 1980 JANE M. LEONCINI, City Clerk/Agency Secretary APPROVED THIS /V! DAY OF 1980 AYOR OF THE CITY OF SANIRAFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Monday, May 19, 1980, at 5:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Regina A. Buchanan, Deputy City Clerk RE: INTERVIEW OF APPLICANTS FOR PLANNING COMMISSION - File 9-2-6 Council interviewed the following applicants for the Planning Commission: John R. Stickle Marilyn Weller Michael J. Smith Nella Reed Abbott Douglas A. Colbert Gayle Wittenmeyer Mills Richard Raznikov Richard Schmidt Jeffrey J. Stahl It was noted that another applicant, Mr. Tim O'Connell, had withdrawn his application due to business commitments. No decision was made, since applicant Henry Hoorn was out of town and will be interviewed at 7:00 PM on Monday, June 2, 1980. The City Council adjourned to their next regular meeting commencing at 8:00 PM this date. REGIN A. BUCHAN N, Deputy City Clerk APPROVED THIS c� nA- DAY OF , 1980 MAYOR OF THE CITY OF SAK RAFAEL *** *** *** *** *** *** *** *** 314 In the Council Chambers of the City of San Rafael, Monday, May 19, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of May 5, and Special Joint Meeting of May 8, 1980. 2. Extension of Time - San Pedro Cove Unit One - File 5-1-240 3. Extension of Time - Spinnaker Point Unit Two - File 5-1-250 Recommended Action Approved as submitted. RESOLUTION NO. 5900 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK IN SAN PEDRO COVE UNIT ONE, SAN RAFAEL, CALIFORNIA (To & incl. September 1, 1980) RESOLUTION NO. 5901 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK IN SPINNAKER POINT UNIT TWO, SAN RAFAEL, CALIFORNIA (To & incl. August 7, 1980) 4. Revenue Sharing Planned Use Administra- Accepted report. Revenue Sharing Planned tive Public Hearing - File 8-9 Use Administrative Public Hearing to be held Friday, May 23, 1980, at 7:00 PM. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. PUBLIC HEARING - EXTENSION OF INTERIM URGENCY ORDINANCES NOS. 1339 AND 1354, "INTERIM PROHIBI- TION OF USES" - NEIGHBORHOOD 13/14 - File 178 Mayor Mulryan declared the public hearing opened. Acting Planning Director Moore briefed the Council on the necessity for extension of the moratorium, and explained that Government Code Sec. 65858 provides that the final extension of a moratorium shall be for a period of one year and for that reason the urgency ordinance is for that period. Mrs. Moore stated that the plan has been scheduled for public hearings and is tentatively scheduled for the Planning Commission meeting on June 10, 1980. Mr. Brent Dickens requested that the Council not adopt the ordinance, since his proposed development on a 7.14 acre parcel in Los Ranchitos has been pending since September 1979. He then requested that consideration be given to removing his parcels from the provisions of Neighborhood 13/14, since the property has access from Oakview, which is totally within the County. Acting City Manager Meador stated that the property could be removed from the Plan area, if the Council wished to consider this. Mr. Dickens stated that one of his lots is off Ridgewood Drive, but he would consider dedicating it to the City as open space. Council then heard from Al Von Der Werth who spoke against further delay and asked that the moratorium not be extended. Carolyn Atkinson, representing the Duca property, also expressed concern that the moratorium would delay the processing and adoption of the Neighborhood 13/14 Plan. Mr. Roper Crawford stated he felt more time was needed to study the plan thoroughly, and further stated he could see no objection to consideration of Mr. Dickens' property being excluded from Neighborhood 13/14 Plan. Mr. Bill Dillman also spoke in favor of a moratorium. There being no further input, the public hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, to consider Mr. Brent Dickens' request regarding his property at the June 2, 1980 meeting. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 315 CHARTER ORDINANCE NO. 1372 - An Urgency Ordinance of the City of San Rafael, Extending for One Year Ordinances Nos. 1339 and 1354 (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 (Neighborhood 13/14) 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 Councilmember Miskimen moved and Councilmember Jensen seconded, to address letters to Planning Commission members asking them to finish their review of the neighborhood plan by their second meeting in June, and bring it before the City Council at the earliest possible date. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Nixon moved and Councilmember Jensen seconded, that the Council reconsider the moratorium in three months from now and review the time schedule at that meeting. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISIONS - TS79-1, THIRTEEN LOT SUBDIVISION; CC80-2, CERTIFICATE OF COMPLIANCE; 325 CALIFORNIA AVENUE; R. DeWITT LEE, OWNER; OBERKAMPER & ASSOC., REP.; AP 10-011-18 & 10-041-42 - File 5-1-260 x 10-8 Mayor Mulryan declared the public hearing opened. There being no public input the public hearing was declared closed. Council reviewed a staff report indicating that the new geologic and hydrologic information is now under review by the Geotechnical Review Board and the Planning Commission. Staff sug- gested that the matter be continued and rescheduled at such time as the staff review is complete and the Planning Commission has made their recommendation. Council approved the staff recommendation. 7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF A REZONING OF PROPERTY AT 25 DE ANZA Mayor Mulryan declared the public hearing opened. Acting Planning Director Moore reviewed the history of the property for the Council, and stated that the rezoning applied for would permit a maximum of seven or eight new homes in addition to the existing single family dwelling. In their review of the proposed rezoning, the Planning Commission stated that the City in granting access to the property had previously made a commit- ment to the neighborhood that only one single family dwelling would be permitted on the site. The Commission also determined that the character of the site requires the submission of speci- fic development plans for evaluation before any further development is approved or encouraged. The Council heard from Elaine Orfanos, attorney for the property owner, Mrs. Slager. Ms. Orfanos requested that the Council act favorably on the appeal. She stated that although the matter before the Council is rezoning to R -1-B-3, Mrs. Slager would be satisfied with R -1-B-4 (one acre lot zoning). Council then heard from K. Lyn Hall, representing the Terra Linda Valley Property Owners' Association, expressing his group's views on the consequences of the rezoning, including the possibility of landslides affecting the homes below the site, and the fact that a development would violate the City's street frontage requirement. There being no further input, the public hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the appeal, and direct that the findings be based on the staff review contained in their report dated March 11, 1980, that the property in question is distinctly different from adjacent properties and should only be rezoned in conjunction with a specific development plan. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 8. APPEAL OF PLANNING COMMISSION DECISION, V80-3, REDUCTION IN REQUIRED OFFSTREET PARKING FOR ADDITION TO OFFICE BUILDING, 700 E STREET; JOHN DUPEN, OWNER & REP.; AP 12-071-06 - File 10-4 Mayor Mulryan declared the public hearing opened. 316 Acting Planning Director Moore briefed the Council on the matter, stating that an illegal 450 foot addition has been constructed, and that this displaced two of the original 18 parking spaces. The addition created a need for three additional parking spaces, raising the require- ment to 21 spaces. By working with staff the applicant has designed a new parking plan which can provide 19 parking spaces and, to fulfill the requirement for 21 spaces, the applicant has applied for a parking variance. Mr. John Dupen, owner of the property, informed the Council that the construction has not been completed, since he had stopped it after receiving a stop work order. Also, he stated that only one space has been eliminated, not two spaces. He stated that because of the nature of the neighborhood he feels he should be granted use of on -street parking. Mr. Steve Patterson, president of the Gerstle Park Homeowners' Association, informed the Council that parking on E Street is getting very bad, since people park there and walk uptown to work, thereby leaving their cars there all day. He suggested metering part of E Street, and having people walk a bit farther to work. Mr. Patterson stated that his Association objected to any more parking being permitted in the area in question. There being no further input, the public hearing was closed. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to deny the appeal for the variance and require posting of a Performance Bond, amount to be set by the Acting Planning Director, to insure that within thirty days the owner will: a) Remove the addition and, b) Demonstrate that the existing uses meet parking requirements. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) PERSONS WISHING TO ADDRESS COUNCIL - File 100 x 9-3-17 Mr. Wm. Cannon spoke to the Council regarding property at 1203 Lincoln Avenue, which he stated has illegal units. He felt corrective action should be taken. Council requested that the item be placed on the June 2, 1980 agenda, and that meanwhile the Planning staff will prepare a report for Council. Also, the City Attorney is to give Mr. Cannon the names of those who drafted the proposed Fair Eviction Ordinance. (Councilmember Miskimen left meeting) 9. POLICY RE INSTALLATION OF SIDEWALKS - File 11-7 x 9-3-40 x 9-1-2 Council reviewed the proposed policy on installation of new sidewalks, including curb and gutter: 1. The City will not participate in the construction of new sidewalks, including curb and gutter, when such installation benefits only the immediately contiguous property owner. 2. The City will participate in the construction of new sidewalks, including curb and gutter, equally, not to exceed one half the construction cost, in locations that are of neighborhood significance. The neighborhood portion may be paid by the immediately contiguous property owner, or the entire neighborhood, or any combination thereof. 3. The City will construct, at City cost, new sidewalks, including curb and gutter at locations that pose extreme hazard to pedestrians. Staff further recommended that the City Council set aside $10,000 from the General Fund to provide the necessary funding to implement policies 2 and 3. Mayor Mulryan suggested that, under paragraph 2, "neighborhood significance" be changed to "neighborhood safety". Councilmember Breiner suggested that a fourth recommendation be added, to the effect that, if the City finds there is necessity for curb, gutter and sidewalk on un- developed property the City will construct it, and recover the amount when the property is later developed. Councilmember Nixon moved and Councilmember Jensen seconded, to approve the recommended policy, with the revision in paragraph 2, and the addition of paragraph 4 as suggested. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 10. FINAL ADOPTION - ORDINANCE NO. 1371 - AMENDING SECTIONS: 14.08.070; 14.10.040(c); 14.13.130(b); 14.13.130(d); 14.15.010; 14.16.025; 14.20.025; 14.75.020; 14.75.030(b); 14.75.050(j); 14.88.020; ANU 14.yL.ULU; KtNtALO U JtUIlUNJ: 14.lo.UZUke); HIVU 14.4U.U4U(g); HIVU tJIAt5LIJM1Nb UMANItK 14.61 ENTITLED "0: OPEN SPACE DISTRICT" OF TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE - File 10-3 317 CHARTER ORDINANCE NO. 1371 - Amending Sections: 14.08.070; 14.10.040(c); 14.13.130(b); 14.13.130(d); 14.15.010; 14.16.025; 14.20.025; 14.75.020; 14.75.030(b); 14.75.050(j); 14.88.020; and 14.92.020; Repealing Sections: 14.16.020(e); and 14.20.020(g); and establishing Chapter 14.61 Entitled "0: Open Space District" of Title 14, Zoning, of the San Rafael Municipal Code, 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 11. DISCUSSION OF VARIOUS ITEMS - POLICE DEPARTMENT - File 9-3-30 x 8-5 Council reviewed an analysis of Police Department overtime expenditures so far this year, and considered the recommendation of Chief Benaderet that a resolution be adopted authorizing a supplemental appropriation of $65,845 for the Police Department budget. Also included in the staff study was a recommendation that Council authorize staff to proceed with a request for a proposal regarding retention of an outside firm to perform an analysis of long-term police service needs and specific implementation plan to achieve these needs. RESOLUTION NO. 5902 - AMENDING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1979 - JUNE 30, 1980 AS APPROVED IN RESOLUTION 5692 ($65,845) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Jensen stated that he felt the retention of a consultant for an analysis of police service needs should await the decision of a permanent City Manager, rather than to proceed at this time. Councilmember Breiner moved and Councilmember Nixon seconded, to authorize staff to move forward with a request for a proposal for a management consultant for the Police Department. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 12. REPORT ON STATUS OF FAIR EVICTION ORDINANCE - File 187 Council set public hearing for Monday, June 16, 1980, on the proposed Fair Eviction Ordinance. City Attorney was asked to inform the Chamber of Commerce, Legal Aide Society, Canal Community Council, and Real Estate Board of the hearing. 13. SAN RAFAEL BUSINESS IMPROVEMENT DISTRICT BY-LAWS - File 183 Council reviewed the By -Laws of the San Rafael Business Improvement District. No official action required on this item. 14. REQUEST BY ART BAPTISTA RE REVIEW OF ALTERNATIVE USE OF CHEVRON STATION - File 9-3-17 This item was held over to future date. 15. DISCUSSION OF FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT - File 6-34 Council took the following actions: a. Directed that the petitions be filed. b. Directed that the Certificate re Petitions, indicating that 90.7% of the described land owners have signed the petitions, be filed. c. RESOLUTION NO. 5903 - RESOLUTION ACCEPTING PETITION AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Directed that the Boundary Map be filed. e. RESOLUTION NO. 5904 - RESOLUTION APPROVING BOUNDARY MAP AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 318 f. RESOLUTION NO. 5905 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES (W/Sturgis, Ness, Brunsel & Sperry) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None g. RESOLUTION NO. 5906 - RESOLUTION APPOINTING PROJECT ENGINEER (Coleman, Selmi & Wright) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. RESOLUTION NO. 5907 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESS- MENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON (Hearing set for Monday, June 2, 1980, 8:00 PM) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. CONSIDERATION OF COUNCIL APPOINTMENTS - File 9-1 Continued to meeting of June 2, 1980. Councilmember Breiner mentioned that the former Transportation Element Committee of the County- wide General Plan has been restructured to expand their field, and will be dealing in transpor- tation and land use. The new name is "Countywide Plan Advisory Committee." 17. REVIEW OF 1980/81 BUDGET FORMAT - File 8-5 Council approved the suggested changes in format, and requested that they be furnished the data on actual salaries and fringe benefits commencing with this year's budget. GENERAL TOPICS FOR DISCUSSION, AS REQUESTED BY MAYOR & COUNCILMEMBERS 18. DISCUSSION OF UPDATE OF EMERGENCY DISASTER PLAN - File 13-11 x 9-3-31 Council agreed that Fire Chief Marcucci will be asked to update the disaster plan, including reactivating of the alarm sirens throughout the City. ADD ITEMS I HISTORIC LANDMARK STATUS OF SAN RAFAEL IMPROVEMENT CLUB, 1800 FIFTH AVE. - File 13-14-2 Council set Monday, June 16, 1980, at 8:00 PM for a public hearing to consider the San Rafael Improvement Club, 1800 Fifth Avenue, for Historic Landmark status. II MUNSON PARK - File 9-3-65 x 12-5 Council agreed to request that Recreation Director Jauch check on Munson Park for maintenance, and to install a sign with the park's opening and closing hours. EXECUTIVE SESSION 19. Council adjourned to Executive Session to discuss pending litigation. The City Council adjourned to their special meeting at 7:00 PM on Monday, June 2, 1980. fyffNE M. LEONCINI, °ity Clerk APPROVED THIS o'C- DAY OF 1980 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** 319 In Room 201 of the San Rafael City Hall, Monday, June 2, 1980, at 7:00 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEW OF PLANNING COMMISSION APPLICANT - File 9-2-6 Council interviewed one additional applicant for the Planning Commission vacancy, Mr. Henry Hoorn. Council had previously interviewed John R. Stickle, Marilyn Weller, Michael J. Smith, Nella Reed Abbott, Douglas A. Colbert, Gayle Wittenmeyer Mills, Richard Raznikov, Richard Schmidt and Jeffrey J. Stahl. Mr. Tim O'Connell had requested to withdraw his application due to business commitments. At the conclusion of the interview, a ballot vote was taken. The voting was as follows: Michael J. Smith - Councilmembers Jensen, Miskimen and Nixon Gayle Mills - Councilmember Breiner and Mayor Mulryan Council then appointed Michael J. Smith as Planning Commissioner to fill the unexpired term of Scott Deming, until July 1982. Mayor Mulryan spoke in opposition to the appointment, citing Mr. Smith's potential conflict of interest due to his family's extensive real estate holdings. The City Council adjourned to their next regular meeting commencing at 8:00 PM this date. VANNE M. LEONCINI, City Clerk APPROVED THIS 14f' DAY OF 1980 MAYOR OF THE CITY OF �SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 2, 1980, 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: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney The Redevelopment Agency recessed their meeting in order to accommodate those present for the Centennial Awards Ceremony. (Councilmember Miskimen left) 1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARDS - File 104-1 Jean Kelly, who had acted as coordinator for the San Rafael Centennial, introduced each re- cipient of the awards and Mayor Mulryan presented them with a bronze Centennial medallion and a certificate. There was a dual award this year, won by Dean Schulman and Joe Orr. Other students nominated, and present to receive certificates, were: Susan Pankin, Kathleen Whittemore, Catherine Searle, Linda Gregory, Julie Ann Sitchlet, Brad O'Brien, Diane Kircher and Marianne McAliffe. Carol Schuster and Thomas Schellenberg were unable to be present. Winners of the dual award were also presented with a plaque with their names, and names of previous winners, engraved. 3Q0 Assemblyman Filante then presented Dean Schulman and Joe Orr with State Assembly resolutions. (Councilmember Miskimen returned) The Redevelopment Agency meeting was resumed. City Council regular meeting was convened upon ad- journment of the Redevelopment Agency meeting. (Councilmember Jensen left) CONSENT CALENDAR Councilmember Nixon moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Executive Session of May 5 and Special & Regular Meetings of May 19, 1980 3. Approval of Agreement for Deferred Frontage Improvements - 619 Lindaro Street (PW) - File 4-10-143 4. Extension of Time - Seastrand Sub- division (PW) - File 5-1-242 5. Approval of Deferred Assessment District Agreement - Pelican Way (PW) - File 5-1-262 6. Extension of Time - Redwood Drive Improvements (PW) - File 4-10-112 7. Resolution of Findings for Denial of Z79-20, 25 DeAnza Way, AP 175-292-40 (P1) - File 10-3 8. Proposed Four -Way Stop at Smith Ranch Road & Redwood Highway (PW) - Pilo 11-11 10. Donation for Memorial Tree Planting at Pickleweed Park (Rec) - File 105 x 12-5 Recommended Action Approved as submitted. RESOLUTION NO. 5908 - AUTHORIZING THE SIGNING OF AN AGREEMENT TO DEFER IM- MEDIATE OBLIGATION TO CONSTRUCT REQUIRED IMPROVEMENTS AT 619 LINDARO STREET, SAN RAFAEL, CALIFORNIA RESOLUTION NO. 5909 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK IN THE SEASTRAND SUBDIVISION, SAN RAFAEL, CALI- FORNIA (To & including August 30, 1980) RESOLUTION NO. 5910 - AUTHORIZING THE SIGN- ING OF A DEFERRED ASSESSMENT DISTRICT AGREEMENT, PELICAN WAY INDUSTRIAL COMPLEX, SAN RAFAEL, CALIFORNIA RESOLUTION NO. 5911 - EXTENDING TIME FOR THE COMPLETION OF ROADWAY IMPROVEMENTS ON REDWOOD DRIVE, SAN RAFAEL, CALIFORNIA (To & including May 16, 1981) RESOLUTION NO. 5912 - DENYING A REZONING FROM "U" TO R -1-B-3 FOR PROPERTY AT 25 DeANZA WAY Approved staff recommendation re installa- tion of stop signs and related street striping. RESOLUTION NO. 5913 - ACCEPTING DONATION FOR MEMORIAL TREE PLANTING AT PICKLEWEED PARI: ($1,000 from Vahe Tertzakian in memory of his late wife Rose) 11. Resolution of Appreciation - RESOLUTION NO. 5914 - RESOLUTION OF AP - Christine Rossi, Police Department PRECIATION (To Christine Rossi on retire - (PD) - File 102 x 7-4 x 9-3-30 ment as of 7/1/80) AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 9. RESOLUTION TO INCLUDE MAJOR CRIMES TASK FORCE IN MARIN COUNTY WORKERS COMPENSATION PLAN LIABILITY PORTION PW - File 4-10-114 Item withdrawn at request of Police Chief Benaderet. (Councilmember Miskimen left) 12. PUBLIC HEARING - FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW/CC) - File 6-34 Mayor Mulryan declared the public hearing opened. He then asked if there were any protests or any public input. There being none, the public hearing was declared closed. (Councilmember Jensen returned) a. Resolution Overruling Protests. Since no protests were received, this resolution was not adopted. b. RESOLUTION NO. 5915 - FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen c. RESOLUTION NO. 5916 - DIRECTING THE FILING OF BOUNDARY MAP WITH RECORDER AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen d. RESOLUTION NO. 5917 - RESOLUTION OF INTENTION TO ORDER THE IMPROVEMENTS IN FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen PERSONS WISHING TO ADDRESS COUNCIL - File 178 (This item actually heard prior to the Council meeting) Mr. Dennis Hemmerle hand delivered a new proposal for development of the Quarry site to the Council. The consensus of the Council was that the Planning Commission, at their meeting of June 10, 1980, should allow Mr. Hemmerle sufficient time to present his project conceptually. Written material is to be provided prior to the meeting to allow the Commission time for study. (Councilmember Miskimen returned) 13. ELIMINATION OF PROPERTY FROM NEIGHBORHOOD 13/14 BOUNDARIES - BRENT DICKENS PROPERTY, AP 10-011-47, 10-011-49 P1 - File 178 Council heard a brief review from Acting Planning Director Moore, in which the property in question was described as the only private land within the neighborhood planning area which is located on the north slope of the San Rafael Ridge. Also, this property constitutes a portion of the Los Ranchitos slope and a backdrop to the Los Ranchitos neighborhood. Staff recommenda- tion is that the subject property be excluded from the Neighborhood 13/14 planning area, and that Council consider directing staff to investigate the feasibility of deannexing this property from the City. Council heard from Mr. Ron Rutkowski of 114 Ridgewood Drive, who urged that if Mr. Dickens' property is eliminated from the neighborhood plan he still be bound by geological and design requirements of the plan in order to insure safe and aesthetic development. Mr. Daniel Donovan introduced himself as attorney for Richard D. MacDonald, owner of AP 10-011-48, which is situated between the two Dickens' parcels. He stated that the mention of an access easement across parcel 48 is not correct, in that the easement was extinguished by a Quit Claim Deed. Mr. Dickens stated that he questions the Quit Claim Deed, since it was dated in 1968 but not recorded until 1980. After further discussion Councilmember Nixon moved and Councilmember Miskimen seconded, to adopt the following Resolution and direct staff to investigate the feasibility of deannexing the property from the City: RESOLUTION NO. 5918 - EXCLUDING AP 10-011-47 and 49 (LANDS OF DICKENS) FROM THE NEIGHBORHOOD 13/14 NEIGHBORHOOD PLANNING AREA AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. CHALK MARKING OF CAR TIRES, DOWNTOWN AREA (PD) - File 9-3-30 Council reviewed a status report from Police Chief Benaderet regarding the meter feeding en- forcement program. The report was accepted, with the direction to staff that the program should continue as it is now operating. (Councilmember Nixon left) 15. STATUS REPORT - NONSMOKERS' ORDINANCE (CM/CA) - Files 13-4 & 125 Council discussed the response to the provision for No Smoking signs in certain areas within offices and other business areas, and after hearing that a number of banks and savings & loan companies are not complying, they directed City Attorney Duggan to send letters to those who have not yet posted signs or have posted them in inconspicuous places. Councilmember Jensen remarked that in his opinion there are many gasoline service stations which are not complying with the City's ordinance regarding the posting of lowest gasoline prices so that they can be readily seen from traffic lanes. Council directed that Code Enforcement Officer James Cunha look into the matter and report to the Council at the June 16, 1980 meeting. (File 125) (Councilmember Nixon returned) 322 16. RECONDITIONING OF FIRE ENGINE NO. 10 (FD) - File 4-2-148 Fire Chief Marcucci briefed the Council on the subject of the reconditioning of Fire Engine No. 10, including rejection of bids on May 5, 1980 due to the high cost. He stated that they have reviewed the specifications and deleted several items to reduce the cost to a more accept- able level, and recommend that the original low bidder, Coast Apparatus, be awarded the bid for $63,764. RESOLUTION NO. 5919 - AWARDING CONTRACT FOR THE RECONDITIONING OF A 1965 VAN PELT FIRE ENGINE UTILIZING EQUIPMENT REPLACEMENT FUNDS (To Coast Apparatus, Inc., for $63,764) AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. CONSIDERATION OF CITY COUNCIL APPOINTMENTS (CC) - File 9-1 Council agreed that there would be no changes in the Council appointments at this time. 18. ADOPTION OF HEARING SCHEDULE FOR CITY BUDGET (CM) - File 8-5 Council agreed to set the budget hearings for Monday, June 23 and Tuesday, June 24, 1980, at 7:30 PM. If a third hearing is required on Wednesday, June 25, it will be held at 5:30 PM. It was also agreed that the Revenue Sharing public hearing will be held on Monday, June 16, 1980. Acting City Manager Meador was asked to have a list of positions which had been frozen pending the outcome of Proposition 9 ready for the June 16, 1980 meeting, if Proposition 9 fails. 19. REPORT OF CITY/SCHOOLS LIAISON COMMITTEE (CM) - File 9-2 Mayor Mulryan briefed the Council regarding the May 21, 1980 meeting of the Committee, during which cooperative efforts were discussed regarding purchase of common items; possible consoli- dation of corporation yards; joint efforts regarding multi-purpose room at Bahia Vista School, and a proposed recreation building at Pickleweed Park. Also discussed was the City's use of various unused school buildings. 20. GENERAL TOPICS FOR DISCUSSION, AS REQUESTED BY MAYOR AND COUNCILMEMBERS a. Discussion of Development Review Committee Staffing & Procedures - File 9-2-32 x 9-1-2 At the request of Councilmember Breiner, Council discussed the staffing and procedures of the Committee, and with regard to a planning Commission member being included as a member, agreed that it should be limited to two members. Council also agreed that the Committee should be furnished a very brief memo from the pertinent department, outlining potential problem areas which the Committee should consider when discussing the proposal with the applicant. When an item is later reported back by the Committee, it should be stressed that it is an informational item, and no approval is implied. b. Designation of Spaces in City -Owned Parking Lots for Regular Car Pools (PW) - 9-3-40 Council discussed a suggestion by Councilmember Breiner regarding designation of a few free spaces available in City -owned parking lots for regular carpools of three or more people. Traffic Engineer Gerth is to have a study ready for the meeting of June 16, 1980. 21. DISCUSSION OF ANNUAL MEETING WITH PLANNING COMMISSION - File 9-1 x 9-2-6 Council agreed to set a date in September for a dinner meeting with the Planning Commission. EXECUTIVE SESSION 22. The Council adjourned to Executive Session to discuss anticipated litigation. The City Council adjourned to their next regular meeting on Monday, June 16, 1980. A NE M. LEONCINI, City Clerk APPROVED THIS IG *� DAY OF 1980 MAYOR OFTHE CITY #FAN�RAFA L *** *** *** *** *** *** *** *** 323 In the Council Chambers of the City of San Rafael, Monday, June 16, 1980, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Acting Mayor Dorothy L. Breiner, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk, Edmund A. Duggan, City Attorney Immediately preceding the City Council meeting, the Council sat as the Board of Appeals, to con- sider the following matter: FERRO PROJECT - File 9-2-7 (SRRA File R-77 The Board of Appeals met to consider the developer's request to allow untreated wood pilings as the foundation system of the existing building (625 Grand Avenue). Staff reported that inspection has disclosed that the existing piles under the structure which are of untreated wood and are approximately 80 years old, are still in excellent condition and capable of supporting the building loads. The Uniform Building Code specifically prohibits the use of untreated wood which is in contact with the ground or in situations which are conducive to decay. Staff recommendation to the Board of Appeals is that they approve the developer's request to allow the untreated wood pilings, subject to recordation of a covenant running with the land, which includes six conditions. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the developer's request for use of untreated wood in the pilings, subject to recordation of a covenant running with the land, including the following conditions: 1) The action of the Board of Appeals; 2) Yearly inspections are to be made by a structural engineer and a report submitted to the City; 3) All decayed timber be replaced as soon as it is discovered; 4) The right of the City to make inspections if the owner does not; 5) That the City be held harmless for any damage to the structure attributed to the use of untreated wood piles; and, 6) This covenant be binding on all successors in interest, heirs, and assigns. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular and Special Meetings of June 2, 1980 2. Claims for Damages: a. Keerina Ward (PW) - File 3-1-492 b. Raechelle Charshaff (PW) - File 3-1-493 c. Ellen Stamberg (Rec) - File 3-1-496 d. Arthur James Neville (PW) - File 3-1-499 3. Extension of Time - Weissensee/Middagh Land Division (PW) - File 5-1-249 . 4. Appeal of Planning Commission Denial - Two -Lot Subdivision, 226 Magnolia Ave.; Robert & Peggy Bell, owners (P1) - File 10-8 5. Modification of Lease Agreement with Dixie School District re Use of Kindergarten Wing, Don Timoteo School (Rec) - Pi10 7-0-1r) 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. RESOLUTION NO. 5920 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK IN WEISSENSEE/MIDDAGH LAND DIVISION (To & including December 31, 1980, subject to continuance of Surety Bond) Public hearing set for meeting of July 21, 1980. Approved modification to lease agreement - (12 Mos. in lieu of 36 Mos., and 18¢/Sq. Ft.) 324 6. Selection of Audit Firm to do the 1979/80 City of San Rafael Audit (Fin) - File 8-1 7. Expiration of Planning Commissioner's Term (CC) - File 9-2-6 8. Resolution Authorizing Year -End Fund Trans- fers (Fin) - File 8-14 9. Display of Drug Paraphernalia (PD) - File 9-2-28 x 13-8 Approved staff recommendation that Sleezer & Eckhoff perform audit, at $8,700 for City and Parking District. Called for applications, with deadline of noon on Thursday, July 17, 1980 for sub- mission of applications. RESOLUTION NO. 5921 - RESERVING UNAPPRO- PRIATED FUND BALANCES AS OF JUNE 30, 1980 Accepted report. No action to be taken pending State legislation. 10. Change in Time for Budget Hearings (CM) - Approved staff recommendation that hearings File 8-5 on Monday, June 23, 1980, be changed to 8:00 PM from 7:30 PM, due to Redevelopment • Agency public hearing at 7:30 PM. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 11. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF A FAIR EVICTION ORDINANCE (CA) - File 187 It was agreed that the public hearing should be held even though Mayor Mulryan was not present, due to the large number of people who came prepared to speak. Councilmember Miskimen remarked that Mayor Mulryan could listen to the tape of the meeting if he so desired. Acting Mayor Jensen declared the public hearing opened. He explained to the audience that no decision would be reached at this meeting due to the lack of a full Council. Assistant City Attorney Bullard informed the Council that the proposed draft ordinance had been prepared as the result of the efforts of a committee comprised of attorneys Brent Weller and Edward E. Rockman, Hugh Marchant who represented the real estate community, and Assistant Executive Director for Redevelopment Ward. Mr. Bullard stated that he does not feel the ordinance is perfect in its present state and he would not recommend its adoption but feels there should be discussion. Acting Mayor Jensen then stated he would ask for alternate speakers - one for the ordinance and one against it until all have been heard, with all speakers limited to three minutes. Mr. Edward Rockman, attorney with the Legal Aide Society, stated that the problems have been caused by the critical housing shortage and the fact that State law provides that no reason need be given by a landlord in order to terminate a tenancy. This draft ordinance would re- quire some justification on the part of the landlord. Mr. Hugh Marchant then spoke, stating that the draft ordinance has a number of provisions in it to which he objected when it was before the committee. He stated he had not approved this draft ordinance in its present form, and that this ordinance does not represent a consensus of the committee. Councilmember Nixon asked why the ordinance was brought before the Council if there was not a consensus of opinion within the committee, and Mr. Bullard replied that this draft was the best the committee could do when they could not reach complete agreement. Mr. Sam DiGiacomo, a nonresident who had been evicted from his apartment due to no specific reason, spoke in favor of tenants' rights and urged that the ordinance be adopted. Ms. Mildred Vail, President of the Marin County Board of Realtors, informed the Council that her organization stands united in opposition to the proposed ordinance, and feels that it threatens the property rights of owners and potential owners who are now tenants in San Rafael. Attorney Brent Weller, representing the Canal Community Council, stated that there has been difficulty in gathering statistics regarding the difficulties tenants have been experiencing in connection with their relations with landlords and managers. He also pointed out that a misconception on the part of the realtors that this ordinance governs rental property of any size, should be corrected. The ordinance as written only affects five or more rental units. Mr. Weller also stated that there would have been more tenants present at the public hearing except that they were afraid of retaliation if they spoke. Mr. Steve Hastings of 159 Novato Street in the Canal Area, spoke in opposition to the ordinance, stating that in his opinion it is not needed, that he has seen no evidence of unfair practices in his dealings with his landlord. Mary Jane Bevis of the Consumer Protection Agency of the Marin County District Attorney's Office, stated that a good landlord need not fear an ordinance such as is proposed, and that pressure would be alleviated for landlords if they would take the tension out of being a tenant. Ms. Bevis further stated that she would be happy to furnish statistics in relation to tenant difficulties as administered by her office. 325 Mr. Ron Shafer, president of the Marin Income Property Association, stated he felt the ordinance as proposed would create new problems and cause undue expenses to be incurred by landlords. He stated that terms such as "fair", "reasonable", and "just", used throughout the ordinance, are too vague, and are critically involved in determining the question of violation of the ordinance. He also felt that the punitive remedies make it financially hazardous for an owner to attempt any eviction even for just cause. Ms. Eleanor Salesky, Case Coordinator for the Division of Mediation Services at County of Marin, cited the large number of cases in mediation within the last year. She also stated she will be happy to provide any statistics in this connection. All papers are confidential, but the statistics could be made available. Attorney Dan Cahill of Bianchi, Hoskins & Rosenberg, speaking for the Marin County Board of Realtors, suggested that before the proposed ordinance is considered again many statistics should be developed, and that the staff take a careful look at them and get input from both sides. Mr. Sil Bianchini, owner of Sil's Market in the Canal Area, reminded the Council that they are dealing with people and not statistics, and should guard against speculators who buy an apartment building, raise the rents, and then very shortly sell the property to another speculator. He urged stronger code enforcement in the Canal Area. Mr. Bianchini favored the passage of the ordinance. Mr. Bill Lewis, owner of an apartment house in the Canal Area, stated he is also a real estate investment broker and member of the Marin Property Owners. He expressed the opinion that this ordinance would give tenants an unfair advantage over the landlords, and urged that the ordinance not be passed. A representative of the Citizens' Party of California, meeting in San Rafael, expressed that group's approval of the ordinance and asked that the Council vote favorably on it, when the time is appropriate. Ms. Sally Kolmak, former manager of an apartment house at 255 Canal St., spoke for the ordi- nance, listing the many deficiencies which are not taken care of and the inability of tenants to communicate with the landlords. Mr. Herman Deitch, realtor, spoke against the ordinance as not being fair to property owners, and not taking into consideration the extensive damage done by many tenants. Mr. Coleman Persily of the Canal Community Council spoke in favor of the ordinance, stating he gets at least three calls a day from tenants who have problems but are afraid to approach their landlords to complain about conditions, fearing retaliation. He feels the tenants have a right to be free from fear. Mr. Frank Solomon spoke against the ordinance, stating that he feels the ordinance would have the opposite affect from that intended, and would deter landlords from renting to low income people since there would be such difficulty in evicting them if there was a problem. Mr. Roman Palance spoke in favor of the ordinance, stating that the apartment house in which he lives has been sold twice in ten months and is about to be sold again. This has created innumerable problems. He felt that landlords of smaller buildings do not need such an ordinance, but that one is a necessity for the larger buildings. Mr. Glen B. Driscoll, a contractor and member of the Ecumenical Association for Housing, spoke against the ordinance, stating that it is a very expensive procedure to evict a tenant, and that if there is a housing shortage it is caused by the bureaucracy, not the tenants. Ms. Maria Klein, a resident of San Rafael, supported the ordinance, as a protection for tenants from being evicted without just cause. Mr. Robert Lindskog, realtor and member of the Marin Income Property Association, spoke against the ordinance, stating that the landlords are the best policemen and that by evicting an un- desirable tenant they help the other tenants. There being no further input, the public hearing was closed. After discussion Council agreed to ask Assistant City Attorney Bullard to coordinate the gathering of further information through the County offices who offered, through landlords and other sources, regarding eviction statistics, the vacancy factor in San Rafael, and other pertinent information which would enable the committee to revise the draft of the ordinance. The public hearing will be set at a future date, when all information has been discussed and acted upon and a new draft is ready for the Council. 12. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF CONFLICT OF INTEREST CODE (CA) - File 9-4-3 Acting Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was closed. 326 RESOLUTION NO. 5922 - ADOPTING CONFLICT OF INTEREST CODE FOR DESIGNATED EMPLOYEES WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE (Effective 7/9/80) AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. PUBLIC HEARING - DESIGNATION OF SAN RAFAEL IMPROVEMENT CLUB, 1800 FIFTH AVENUE, AS HISTORIC LANDMARK P1 - File 13-14-2 Acting Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was closed. RESOLUTION NO. 5923 - DESIGNATING THE SAN RAFAEL IMPROVEMENT CLUB AT 1800 FIFTH AVENUE AS AN HISTORICAL LANDMARK AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 14. PUBLIC HEARING - CONSIDERATION OF RATE INCREASE FOR TAXI FARES (CM) - File 9-9 Acting Mayor Jensen declared the public hearing opened. There being no public input, the public hearing was closed. RESOLUTION NO. 5924 - ESTABLISHING RATES FOR SAN RAFAEL TAXICABS, INC. ($1.20 for first 2/10 Mi., $1.20 for each subsequent mile, $12.00/hour for waiting time) AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 15. PUBLIC HEARING - USES OF REVENUE SHARING FUNDS (Fin) - File 8-9 Acting Mayor Jensen declared the public hearing opened. Councilmember Miskimen moved and Councilmember Nixon seconded, to continue the public hearing to June 24, 1980, as part of the City's budget hearings. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan OLD BUSINESS 16. DESIGNATION OF SPACES IN CITY -OWNED PARKING LOTS FOR REGULAR CAR POOLS (PW) - File 9-3-40 This item was continued to the July 7, 1980 meeting, at the request of staff, who reported that not all of the information which has been requested from other cities has yet been received. 17. REPORT ON LIFTING OF HIRING FREEZE AND CONTINUATION OF MAJOR CAPITAL PURCHASES - File 7-4 x 9-1-2 x 9-3-30 x 9-3-40 Council reviewed a report from Acting City Manager Meador, citing the fact of the hiring freeze which was instituted in the event Proposition 9 passed. Because of resignations in addition to the existing vacancies, there are now 26.5 vacancies which cover a range of 22 positions. Mr. Meador asked that a high priority be given to Police and Fire departments for the positions of Police Officer and Paramedic respectively. Other vacancies to be filled in a timely manner are Police Cadet, Parking Enforcement Officer (half-time), and Tree Climber. Once these positions have been filled, Mr. Meador suggested that the usual eligibility lists be established for the remaining vacancies on a priority basis. Also, it was recommended that the City continue with its program of replacing the older and worn vehicles in its automotive fleet. Councilmember Miskimen moved and Councilmember Nixon seconded, that the freeze be removed and replacement of vehicles be resumed. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 18. REPORT ON POSTING OF LOWEST GAS PRICES AT SERVICE STATIONS (P1) - File 125 Council reviewed a report from Code Enforcement Officer Cunha, which included a copy of a letter sent to all gasoline service station owners/operators who have not complied with the directive to post their lowest price fuel in an easily seen location. Deadline for compliance was given as July 15, 1980. 307 Report was accepted, and action taken by Mr. Cunha was approved. NEW BUSINESS 19. RECONSIDERATION OF INSURANCE POLICY REQUIREMENTS AT CITY RECREATION AND COMMUNITY CENTER EVENTS Rec - File 9-3-65 Council discussed a staff report from Recreation Director Jauch, citing the difficulty people are having finding reasonable insurance when renting the various City facilities for social events. Several alternatives were discussed, and staff was asked to do further research, and report back to the Council at the July 7, 1980 meeting on any alternatives which appear feasible. 20. REPORT ON MAINTENANCE MANAGEMENT PROGRAM - PUBLIC WORKS (PW) - File 9-3-40 x 4-3-71 Council accepted without action a status report on the Maintenance Management Program. 21. OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC ACCIDENT COMPUTER GRANT (PD) - File 4-10-129 Council received a staff report indicating that the OTS Grant has been received and its life will be approximately 18 months. Staff requested authority to go to bid for the necessary equipment. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve going to bid for a mini -computer, including peripheral equipment. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 22. REVIEW OF CAPITAL IMPROVEMENT PROJECTS (PW) - File 9-3-40 Council noted a staff report reviewing City Capital Improvement Projects which were approved for funding for FY 1979/80. Projects authorized by Redevelopment Agency are also included in the report. EXECUTIVE SESSION Council adjourned to Executive Session to discuss anticipated litigation. an.i iIPNMFNT The City Council adjourned to their special meeting on Monday, June 23, 1980, to review the City budget. JENNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1980 CC A�_1_7G MAYOR(OF TH CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Room 201, in the City Hall of the City of San Rafael, Monday, June 23, 1980, at 7:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney RE: REVIEW OF PRELIMINARY BUDGET, FY 1980/81 - File 8-5 x 8-5-1 The Council met for the first hearing on the 1980/81 Fiscal Year budget, and heard an overview from Acting City Manager Meador, during which he explained that one major difference in this year's budget is the full costing of each department by showing all of the fringe benefits for employees within the individual departments. Also, $500 has been placed in each department budget for management training. One addition to this budget is that each department has noted its specific objectives, which will give the Council insight into future planned operations. 328 City Treasurer/Finance Director Coleman briefed the Council on the revenue aspect of the budget, stating that sales tax accounts for 47% of the general fund operating budget. He reported that the City is following the conservative accounting procedures as in the past. The total City Council budget in the amount of $33,714.00 was approved by motion, with the amount for meetings and conferences increased from $1,000 to $2,000, and the amount for con- tractual services decreased from $2,000 to $1,000. It was then moved, seconded and carried that the City Clerk's budget be approved at $78,199.00, as proposed. The City Attorney's proposed budget was held in abeyance, pending study of a proposal for re- organization of the office which was submitted by Assistant City Attorney Bullard. It was moved, seconded and carried that the City Manager's budget be approved at $156,444.00, as proposed. The Personnel Department's proposed budget was approved by motion, at $71,094.00. An addi- tional objective was added at the request of Council, which was a tightening of controls on the EEOC and Affirmative Action programs. It was moved, seconded and carried that the Finance Department's budget be approved at $210,004.00, as proposed. Council requested that a monthly report of expenditures and fund transfers be submitted to them for information. The Library budget was the next to be considered, and was approved as submitted at $378,399.00 by motion. It was reported that the Library is participating in the County's book collection program development, and is making application for a grant from the Buck Foundation for this purpose. It was moved, seconded and carried that the Public Works Department budget be approved as submitted, for a total of $2,206,196.00. Councilmember Nixon was absent for this vote. Break- down of the divisions is as follows: Administration/Engineering, $357,061.00; Street Mainten- ance, $1,044,665.00; Street Trees, Islands & Parkways, $235,469.00; Land Development, $180,351.00; Parks, $374,625.00; and Weed Abatement, $11,125.00. It was moved, seconded and carried that the Sanitation District budget be approved as submitted, for a total of $2,900.00, with Councilmember Nixon absent for the vote. Council discussed the General Services budget and approved by motion the proposed budget of $646,618. Councilmember Jensen stated that he would again recommend that the garage be put back under Public Works as it once was. He stated that if this were done, the depreciation fund could be used to take care of the operation, and each department would be charged the lease or rental of each car, plus maintenance. The Council asked Assistant to the City Manager Barbier to furnish them with a plan on the replacement of cars. It was moved, seconded and carried that the Parking District budget be approved as submitted at $135,517.00. The City Council adjourned to Executive Session for: a) Discussions preliminary to instruction of City representatives concerning salaries or com- pensation prior to negotiations with employee organizations. b) Discussion of anticipated litigation and possible charges brought against officers or employees. J E M. LEONCINI, City C erk APPROVED THIS AIS DAY OF , 1980 MAYOR OF THE CITY OF SAtRAF� *** *** *** *** *** *** *** *** 329 In the Webb Room of the San Rafael Public Library, Tuesday, June 24, 1980, at 7:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk RE: REVIEW OF PRELIMINARY BUDGET, FY 1980/81 - File 8-5 The Council met for the second hearing on the 1980/81 Fiscal Year budget, and considered the scheduled budgets: After discussion of specific objectives of the Planning Department, it was moved, seconded and carried to approve the proposed budget at $293,968, including funding for a half-time Code Enforcement Assistant. The Recreation Department budget was approved by motion, as submitted, at $879,244. Recreation Director Jauch pointed out three corrections to be made in the preliminary budget, which do not affect the overall total. They are: Cultural Affairs, conference & memberships should be $200 instead of $5,400; Athletics, $850 for conference & transportation should be $400; and Terra Linda Recreation Center, $4,486 for conference, printing & office supplies, should be $300. The principal objective discussed with the Council is that of forming nonprofit organ- izations to support and defray expenses so the department can reach self-sustainment by 1981/82 budget. The Bahia Vista Community Schools budget was discussed, and the Council was informed by Marilyn Weller, who serves on the board of directors for the program, that they are getting a grant from the Buck Foundation for six months of operation but the funds will not cover all of the needs, and they are therefore looking for allocation of $3,800 each from the City of San Rafael and County of Marin. After discussion, Councilmember Nixon moved and Councilmember Breiner seconded, to approve the proposed budget for the Community Schools project and allocate $3,800 as the City's share. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council requested that they receive copies of any accounting reports sent to the Buck Founda- tion on the use of their funds, and Finance Director Coleman stated that the City should have the ability to audit the books. Ms. Weller assured them that both of these requests would be granted. It was moved, seconded and carried to approve the Fire Department's recommended budget, for a total of $3,020,272.00. This included: City Protection, $2,295,713; CSA #19, $382,969; and Paramedics, $341,590. Councilmember Miskimen was absent for the vote. Chief Marcucci stated he would like to discuss elimination of the fire alarm boxes throughout the City. The Council asked the Chief to place the item on the July 7, 1980 agenda for discussion. Council also asked for a comprehensive report on fire prevention in open space areas. Councilmember Breiner asked about the status of the Emergency Plan, and Chief Marcucci informed the Council that the County of Marin is presently finalizing a pamphlet, which will include earthquake planning. It was moved, seconded and carried, to approve the recommended Police Department budget, at $2,665,615.00. This included: Administration & Services, $630,278; Investigations, $392,411; and Uniform, $1,642,926. Also, an additional Specific Objective was added, to determine ways of combating the continued high Police personnel turnover rate. It was moved, seconded and carried to approve the Nondepartmental budget as proposed, at $1,096,500.00, which includes the CETA Program. Discussion was held regarding the City's reserve funding for both Workers' Compensation and Public Liability Claims. Finance Director Coleman will periodically provide the Council with an Activity Summary Sheet from R. L. Kautz & Co., the City's insurance .advisor, to keep them advised of the current status of the reserve funding. The Bond Retirement budget was approved by motion, as recommended, at a total of $358,468.00. It was moved, seconded and carried, to approve the Gas Tax budget as proposed, at $331,000.00. Acting Public Works Director Bernardi was asked to give the Council a detailed list of suggested projects, including possible use of chip sealing for the Streets Resurfacing Project. RE: PUBLIC HEARING - PUBLIC USES OF REVENUE SHARING FUNDS - File 8-5 x 8-9 Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was declared closed. It was noted by Council that the City receives approximately $400,000 each year from Revenue Sharing, but that continued funding at this level may be reduced this year by Congress. Amount budgeted for Fiscal Year 1980/81 totals $330,100.00, which includes Capital Improvement Projects. It was moved, seconded and carried that the Revenue Sharing Budget be approved. ADD ITEM: Council approved a request from Wm. Brannan of Kiwanis Club, for a parade banner to be hung at the intersection of Third and "E" streets, within limitations as imposed by staff. Council then adjourned to Executive Session for the purpose of discussing employees' salary negotiations. ANNE M. LEONCINI, City Clerk APPROVED THIS aC1- DAY OF , 1980 fAAYOR d- <�OF THE CITY OF SAN RAFA *** *** *** *** *** *** *** *** In the Webb Room of the San Rafael Public Library, Tuesday, June 24, 1980, at 10:00 PM. Special Meeting, Present: Lawrence E. Mulryan, Mayor Executive Session: Dorothy L. Breiner, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Also Present: Raymond L. Meador, Acting City Manager RE: EXECUTIVE SESSION TO DISCUSS EMPLOYEE NEGOTIATIONS - File 7-3 x 7-4 Council met in Executive Session to discuss employee negotiations. Council then met in open session and stated that a 5% additional increase in pay was being granted for all employees effective July 1, 1980, resulting in an 11% increase in all salary ranges, with the exception of Fire Department personnel who will receive a 9 1/2% increase. ekf-�� —&�A sz��*� VYAIINE M. LEONCINI, City Clerk APPROVED THIS oZl�` DAY OF 1980 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, July 7, 1980, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of June 16, 1980 2. Pelican Way Subdivision (PW): a. Agreement to Construct Improve- ments - File 5-1-262 b. Grant Deed for Rights -of -Way - File 2-2 3. Waste Water Permit for Island Irriga- tion - Smith Ranch Road (PW) - File 4-15-3 x 189 5. Communication from Rohnert Park re Residential Growth Limit (CM) - File 190 6. Approval of Lease Agreement with San Rafael School District and Marin County Office of Education re Use of Short Elementary School for Child Care Center (Rec) - File 4-7-16 8. City of San Rafael Salary Resolutions (Pers) - File 7-3 331 Recommended Action Approved as submitted. RESOLUTION NO. 5925 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN PELICAN WAY INDUSTRIAL COMPLEX RESOLUTION NO. 5926 - ACCEPTING CONVEYANCE OF KERNER BLVD. & PELICAN WAY STREET RIGHTS-OF-WAY Authorized staff to execute joint permit application to Regional Water Quality Control Board for use of unclaimed waste water in landscaped islands on Smith Ranch Road. (MMWD, Las Gallinas Valley San. Dist., City of San Rafael, & Caltrans.) Referred to Marin County Council of Mayors & Councilmembers. RESOLUTION NO. 5927 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/SR School District & Marin County Office of Education for Use of Short School as Child Care Center - August 1, 1980 thru July 30, 1983) RESOLUTION NO. 5928 - AMENDING RES. 5713, EXHIBITS C & D, AND ALL PREVIOUS RESOLU- TIONS PERTAINING TO THE COMPENSATION & WORKING CONDITIONS FOR FIRE DEPT. PER- SONNEL (9.5% increase as of July 1, 1980, & 4% as of Jan. 1, 1981) RESOLUTION NO. 5929 - AMENDING RES. 5714, EXHIBITS B & C, PERTAINING TO COMPENSATION & WORKING CONDITIONS FOR POLICE DEPT. PER- SONNEL (11% increase as of July 1, 1980, & 6% as of July 1, 1981) RESOLUTION NO. 5930 - AMENDING SEC. 1B & 1C OF RES. 5728 PERTAINING TO THE COMPENSA- TION FOR MANAGEMENT & UNCLASSIFIED EM- PLOYEES (Effective July 1, 1980 & July 1, 1981) RESOLUTION NO. 5931 - AMENDING RES. 5740 PERTAINING TO COMPENSATION FOR CONFIDEN- TIAL EMPLOYEES (Effective July 1, 1980 & July 1, 1981) RESOLUTION NO. 5932 - AMENDING RES. 5774 PERTAINING TO COMPENSATION FOR MISCEL- LANEOUS EMPLOYEES (Effective July 1, 1980 & July 1, 1981) RESOLUTION NO. 5933 - RESCINDING RES. 5738, 5857 & 5873 & REPLACING THEM WITH THE FOLLOWING PROVISIONS WHICH PERTAIN TO COMPENSATION FOR PARTTIME, TEMPORARY, INTERMITTENT & SEASONAL WORKERS (Effective July 1, 1980 & July 1, 1981) RESOLUTION NO. 5934 - AMENDING RES. 5740 PERTAINING TO COMPENSATION FOR CONFIDENTIAL EMPLOYEES (Creating Word Processing Operator & Microfilm Technician positions eff. July 1, 1980) RESOLUTION NO. 5935 - AMENDING RES. 5740 PERTAINING TO COMPENSATION FOR CONFIDEN- TIAL EMPLOYEES (Amending classification for Asst. Parks Superintendent eff. July 1, 1980) 332 9. Ordinance Amending Salary Schedule for Mayor and Councilmembers (CM) - File 9-1 x 7-3 AYES: COUNCILMEMBERS: Jensen, Miskimen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 5936 - AMENDING RES. 5774 PERTAINING TO COMPENSATION FOR MISCEL- LANEOUS EMPLOYEES (Reclassifications of Rec. Center Supervisor & Asst. Parks Supervisor eff. July 1, 1980, & incl. June 30, 1981) CHARTER ORDINANCE NO. 1373 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL, was read, introduced and ordered passed to print. Nixon & Mayor Mulryan 4. REAPPOINTMENT OF FIRE CHIEF FOR FOUR-YEAR TERM (CM) - File 9-3-31 Council considered a staff report recommending that the Fire Chief, Robert E. Marcucci, be re- appointed for another four-year term. Councilmember Jensen stated that the Fire Chief serves at the pleasure of the Council and the reappointment should not be for a specific period. Councilmember Jensen then moved and Councilmember Nixon seconded, to reappoint Chief Marcucci. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 7. RESOLUTION ADOPTING FINAL BUDGET FOR FISCAL YEAR JULY 1, 1980 -JUNE 30, 1981 (Fin) - File 8-5 Councilmember Jensen moved and Councilmember Miskimen seconded, to defer adoption of the resolution accepting the final budget for Fiscal year July 1, 1980/June 30, 1981, until a decision is made on the City Attorney's Office organization and budget. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner PERSONS WISHING TO ADDRESS COUNCIL - File 12-12 Mr. Stephen Rachal of 100 Las Gallinas Avenue, San Rafael Meadows, addressed the Council re- garding the increase in air traffic from the Smith Ranch Airport, particularly within the past two months. Mayor Mulryan informed Mr. Rachal that this was the first complaint of this nature received by the Council. Staff was then directed to contact the administration at Smith Ranch Airport re- garding the levels of traffic. Mayor Mulryan assured Mr. Rachal that Acting City Manager Meador would report back to him on his findings. OLD BUSINESS 10. DESIGNATION OF SPACES IN CITY -OWNED PARKING LOTS FOR REGULAR CAR POOLS (PW) - File 9-3-40 Councilmember Jensen expressed the opinion that the designation of six spaces in the lower deck of the Fifth Avenue and C Street parking structure for car pools could be considered a gift of public funds, and he suggested that the wording on the bonds be checked to assure that the proposed plan would be legal. He further stated he was opposed to the entire concept. City Attorney Duggan and Finance Director Coleman were asked to check the bonds, and report back to the Council at the July 21, 1980 meeting. 11. RECONSIDERATION OF INSURANCE POLICY REQUIREMENTS AT CITY RECREATION AND COMMUNITY CENTER EVENTS Rec - File 9-3-65 Discussion of this item was deferred to the meeting of July 21, 1980, at request of staff, since new information had just been received. 12. REPORT ON HIGHWAY 101/LUCAS VALLEY ROAD INTERCHANGE NORTHBOUND ON-RAMP (PW/P1) - File 4-8-20 Council reviewed a staff report, proposing that the Council consider using $152,000 in gas tax monies not yet appropriated toward construction of the Northbound On -Ramp at Highway 101 and Lucas Valley Road. The report stated that the money expended would be reimbursed to the City from the traffic mitigation fees collected as new developments are constructed. Council then considered a letter from Mr. Sidney Konigsberg, General Partner in Gallinas Properties, offering to provide the $152,000 toward the on-ramp, as mitigation toward being allowed to proceed with the development of parcels 2A, 3, 6A and 6C as identified on the ap- proved master plan. Mr. Konigsberg discussed his letter with the Council. 333 Acting Public Works Director Bernardi informed the Council that the current policy is that projects are allowed to be submitted to the staff but not processed until the Northgate Area Plan is done. He felt that the Gallinas properties are asking for an exception, and Acting Planning Director Moore agreed with this interpretation. She felt that by making a special concession to Gallinas Properties, other developers would expect special consideration. After discussion Councilmember Jensen moved and Councilmember Nixon seconded, to authorize $152,000 in gas tax funds to fund a portion of the northbound on-ramp at the Lucas Valley Interchange. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Council then considered a staff recommendation that they authorize execution of an agreement with Caltrans for the construction of the northbound on-ramp. RESOLUTION NO. 5937 - AUTHORIZING SIGNING OF AGREEMENT WITH THE STATE OF CALIFORNIA FOR CON- STRUCTION OF NORTHBOUND ON-RAMP AT THE LUCAS VALLEY ROAD INTERCHANGE WITH ROUTE 101 AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 13. CONSIDERATION OF SCHEDULE FOR NEIGHBORHOOD 13/14 NEIGHBORHOOD PLAN REVIEW (PlJ - File 178 After reviewing the schedule for the various steps preliminary to approval of the Plan, Council set Monday, July 21, 1980, at 8:00 PM for the first public hearing. It was agreed that this would be an overview, with both residents and those wishing to develop property to be heard, and that the hearing should last approximately 1 1/2 hours. NEW BUSINESS 14. ELIMINATION OF THE MUNICIPAL ALARM BOX SYSTEM (FD) - File 9-3-31 x 13-5 Fire Chief Marcucci informed the Council that the Municipal Alarm Box System which was once an effective emergency reporting system has become more of a nuisance, with an average of 22 false alarms from street boxes per month. Due to the age of the system it is continuously in need of repair. Chief Marcucci stated it is his recommendation and that of the Fire Commission that the Alarm Box System be discontinued and that the money accrued from sale of the alarm equipment be used to purchase a Radio Alerting Backup System. There are presently 22 occupan- cies tied in to the system, including the Boyd House and Falkirk. Council agreed to set August 4, 1980 for a public hearing and asked Chief Marcucci to notify all persons who are tied in to the system, of the date of the public hearing. 15. REPLACEMENT OF UNDERCOVER POLICE VEHICLES AND FIRE VEHICLES (CM) - File 4-2-149 Council reviewed a staff recommendation for authorization to go out to bid for four mid-size sedans for the Police Department undercover fleet, and two mid-size station wagons for use by Fire Department Battalion Chiefs. Assistant to the City Manager Barbier recommended that staff be authorized to attempt to obtain used rental vehicles for this purpose as has been done in the past. Councilmember Nixon moved and Councilmember Miskimen seconded, to authorize the four mid-size sedans for the Police Department, by going out to bid for used rental vehicles. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Nixon then moved and Councilmember Miskimen seconded, to authorize the two mid-size station wagons for the Fire Department, by going out to bid for used rental vehicles. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 16. BUS STOP IMPROVEMENTS - MARIN COUNTY/FAU PROJECT (PW) - File 4-10-66 Council considered a staff report from Acting Public Works Director Bernardi, regarding improve- ments to the 73 existing bus stops. It was noted in the report that the $1,000 per year es- timated for bench maintenance was not included in the Public Works Department budget, and it was recommended that Council authorize the bus stop improvements and increase the Maintenance Division's budget by $1,000 to cover the cost of bench maintenance. No other maintenance of the bus stops will be provided by the City at this time. Councilmember Nixon moved and Councilmember Miskimen seconded, to approve staff recommendation regarding the bus stops, and authorize an increase of $1,000 in the Maintenance Division budget for bench maintenance. 334 AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 17. DISCUSSION OF RENEWAL OF CSA NO. 19 CONTRACT (FD) - File 4-13-37 Acting City Manager Meador informed the Council that a shortfall now exists between the expen- diture level for CSA No. 19 vs. the income associated with the property tax and various states of subventions. The shortfall is approximately $130,000. The term of the contract with County of Marin for fire protection services for the unincorporated areas within San Rafael's sphere of influence was for five years ending June 30, 1981. Mr. Meador stated that the Board of Supervisors have considered the propriety of a special election within the CSA 19 area to bring the tax rate up to a more equitable level, and he recommended that staff be authorized to compose a letter over the Mayor's signature to the Board of Supervisors asking them to set a special election in November, 1980. The purpose of the election would be to establish an appropriate taxing mechanism to fully fund the costs associated with CSA 19. After discussion Councilmember Jensen moved and Councilmember Nixon seconded, to authorize staff to compose a letter for Mayor Mulryan's signature to the Board of Supervisors, asking them to set a special election in November 1980, to bring the tax rate up to a level which would fully fund the costs associated with CSA 19. AYES: COUNCILMEMBERS: Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 18. COOPERATIVE PLANNING PROJECT - SAN RAFAEL SCHOOL DISTRICT (CM) - File 9-1 x 12-5 x 4-13-52 Council reviewed the staff report on a recent meeting of the City/Schools Liaison Committee, outlining cooperative projects which could be undertaken. One was expansion of Library ser- vices, to include County of Marin and Dominican College, with an interagency task force being formed to define the situation and possible opportunities for cooperation between all interested agencies, and preparation of a grant for submittal to the Buck Foundation to help the cooperative effort. The second area of concern is the possibility of constructing one recreation building at Pickleweed Park, instead of having one at Pickleweed and one at Bahia Vista School as the City Schools intended, only a short distance from each other. If the two projects were combined into the one, with the building at Pickleweed Park, there would be considerable savings for both agencies. It was pointed out that the City has already esti- mated a construction project well in excess of $200,000 for the Pickleweed Park building. Council discussed this possibility, and also discussed the Buck Foundation funds which were granted to the Community Schools Program at Bahia Vista School. Mr. Meador stated that he has asked for a copy of the audit of expenditures of Buck Foundation funds, and also of the $3,800 allocated by the City for the Community Schools Program. GENERAL TOPICS FOR DISCUSSION, AS REQUESTED BY MAYOR AND COUNCILMEMBERS 19. DISCUSSION OF LOT MERGER ORDINANCE - File 190 (Verbal) Mayor Mulryan discussed the need for an ordinance to prevent overdevelopment on substandard lots, as in instances when a single owner has one standard and one substandard lot which are contiguous. Staff was asked to develop such an ordinance, and bring it back to Council. Acting City Manager Meador remarked that the ordinance would require careful staff review as it relates to the Subdivision Ordinance. 20. DISCUSSION OF DEVELOPMENT REVIEW PROCESS - File 9-2-6 (Verbal) Councilmember Nixon stated that over the years there has been criticism of the length of time it takes for plans to be approved, and he felt it was time to take a look at the situation and see what might possibly be done to speed up the process. After discussion, Council agreed that Public Works and Planning departments, Redevelopment Agency, and Harry Barbier, Assistant to the City Manager, would meet to document the present process and consider asking for ideas on streamlining by calling on the Chamber of Commerce, Builders Exchange, and Marin Property Owners for their input. ADD ITEMS I PARADE SIGN - File 11-22 (Verbal) Council granted permission for a sign regarding the July 13, 1980 parade, to be placed on the undeveloped property (Kuykendall et al) at Second and Irwin streets. 335 II FUTURE PLANNING FOR COUNCIL MEETINGS - File 9-1 (Verbal) Council approved preparation of a list by staff, for upcoming public hearings and matters for future consideration, to be used for planning of meetings. III POSSIBLE MORATORIUM, LAS GALLINAS VALLEY SANITARY DISTRICT - File 189 Council asked staff to study the impact on San Rafael if the Regional Water Quality Board imposes a moratorium on the Las Gallinas Valley Sanitary District, and report back at the July 21, 1980 meeting. EXECUTIVE SESSION - File 13-5 X 13-14-1 The Council adjourned to Executive Session to discuss anticipated litigation. After discussion, Council met in open session and authorized hiring additional Summer help up to 20 people to clear portions of open space. E NNE M. LEONCIN , City Clerk APPROVED THIS 19-4 DAY OF , 1980 ki MAYOR OF THE CITYNOF�A_N�RAFL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, July 21, 1980, 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 Also Present: Raymond L. Meador, Acting City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Meetings of June 23 and 24, 1980 2. Claims for Damages: a. Suzanne Irwin - File 3-1-494 (PW) b. Budget Rent -a -Car - File 3-1-504 (Ref: Claim of James R. Neville, File 3-1-499) (PW) 3. Approval of Acceptance of California Arts Council's Grant for Tandy Beal & Company Dancers (Rec) - File 4-10-145 Recommended Action Approved as submitted. Approved R. L. Kautz Co. recommendation for denial. Approved R. L. Kautz Co. recommendation for denial. RESOLUTION NO. 5938 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/California Arts Council - $1,750) AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 336 4. PURCHASE OF TAX DEEDED PROPERTY (RA) - File 2-6 Council reviewed a staff report indicating that one of the six parcels of tax deeded property in- cluded in an agreement for purchase, has a history of two slides. Staff therefore recommended that the parcel, designated as AP 165-010-66, be deleted from the list of tax deeded properties to be acquired. RESOLUTION NO. 5939 - RESOLUTION DELETING AP 165-010-66 FROM AGREEMENT TO PURCHASE TAX DEEDED PROPERTY AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 5. PUBLIC HEARING - NEIGHBORHOOD 13/14 PLAN (P1) - File 178 Mayor Mulryan declared the public hearing opened. He then reviewed the outline for conducting the public hearing, stating that there would be a staff/consultant presentation followed by statements from neighbors for 35 minutes, and statements from owners of large undeveloped properties for another 35 minutes, followed by deliberation by the Council. He stated there will be no decisions, but that the hearing would provide an opportunity for the Council to gain an understanding of all facets of the problem. Mayor Mulryan further stated that it was regrettable that, due to illness, Councilmember Miskimen was unable to attend. Christina Rockrise, Associate Planner, briefed the Council on the history of the Plan to date, and introduced Richard Harris of Larry Seeman Associates, consultants for the Plan. Mr. Harris stated that areas addressed in their goals and objectives were the neighborhood character, open space and conservation, parks and recreation, and housing. He then introduced Charlotte Flynn of the consultant firm, who addressed the housing aspect. Ms. Flynn touched on the City's policy as stated in the General Plan, to encourage that the overall balance of public and private proposals for residential development and housing include a variety of densities, housing types, and housing opportunities for all components of the population. She also mentioned the historic value of forty homes which are on the survey list, fourteen of which are Excellent or Exceptional, and the remaining twenty listed as Good, and recommended that the Cultural Affairs Commission consider at least some of them for Historic Landmark status. Ms. Flynn pointed out that the subject of "in-law" units will be addressed when the City updates the housing element of the General Plan. Mr. Harris then discussed the circulation element of the Neighborhood Plan, which is hampered by narrow feeder streets and lack of sidewalks in many areas. The next item was open space and land use elements, which he felt go together, and he stated he will work with CSA 23 on the open space program. The transfer of density from one area to another was discussed, and Council asked staff to begin working on an ordinance for implementation of that aspect. Council then heard from home owners and residents, all of whom expressed their concerns about the density and circulation problems. Mr. John Collette, president of the Culloden-Quarry-Twin Oaks Homeowners' Association, stated that his organization is seriously concerned about the possible development in the Quarry, citing circulation and access problems, as well as density. Mr. Collette cited Basic Policy 9 of the General Plan, which states that locally expressed preferences must be considered along with other factors prior to adopting final neighborhood plans. Mrs. Gayle Mills, a resident of the Sun Valley neighborhood, spoke of density, narrow streets, and the need for preserving the open space in the area, since the visual backdrop is essential to the neighborhood. Dr. Arthur Ablin, a 23 -year resident of Culloden Park, addressed the preservation of the character of the neighborhood and his concern in connection with any development which would increase traffic on Quarry Road. Dr. Malcolm Jendresen of Twin Oaks Avenue stated he is not only concerned with access, but also with the stability of the land in the Quarry area, and feels that the density should be reduced from one dwelling unit per acre to 0.2 dwelling units per acre. Mr. Daniel Mardesich, secretary of the Colloden-Quarry-Twin Oaks Homeowners' Association, informed the Council that the semi -rural atmosphere of his neighborhood is due in large part to the standards under which the roads were built and that the area is not consistent with high traffic. Mr. Tom Gioseffe of Twin Oaks Avenue stated he is opposed to the density in the Plan, since it would be out of scale with the neighborhood. He quoted Basic Policy 4 of the General Plan: "Land Use - ... to recognize 1) the importance of land uses to the quality of life and environ- ment, 2) the duties as well as the rights of land ownership, 3) the role of the City to regulate the use of land resources for the benefit of future generations, and 4) the desirability of joint use of public facilities wherever feasible". Mr. Bob Sockolov of the Fairhills Association, informed the Council that he supports the Culloden-Quarry-Twin Oaks association and their remarks regarding the Neighborhood 13/14 Plan. 337 Mr. Don Wellington, 335 Fairhills, spoke of his concerns about high density. Mr. Cyril Hofmeister of Bryn Mawr Drive expressed his concern with affordable housing. Mr. Boris Lakusta of Locust Avenue in the Dominican area spoke of protecting the character of the City, and of the area in question, by preserving the density and not increasing it. Mrs. Anise Turina, President of the San Rafael Housing Corporation, addressed the Council on the need for a balance of the General Plan with the Neighborhood Plan. Mrs. Turina urged higher density to allow low and moderate income housing, and stated that a mix of housing and densities is very important. Mayor Mulryan then called for comments from the proposed developers. First to speak was architect Brent Dickens, who stated he is representing seven of the owners of undeveloped property. He stated they feel they have met and frequently exceeded the design criteria. Mr. Dickens then mentioned several proposed developments, such as the Duca property and the Grove Hill development near Racquet Club, both of which would leave approximately 75% in open space. Civil Engineer Lee Oberkamper then addressed the Council, citing the Hozz property which consists of 43 acres on the Sun Valley Slope, and is mentioned on page 14 in the Neighborhood Plan. He stated that this property could be accessed through Crestwood Drive. His concern is with the resource classification system, and with the definition of drainage ways. He felt that definitions throughout the Plan should be spelled out more clearly. Ms. Carolyn Attkisson, attorney representing developers of Neighborhood 13/14, expressed concern with the land use policy, particularly with Areas A and B which are parts of the Sun Valley Slope, which have been given no density at all. Ms. Attkisson felt that the Plan takes away from the Council some of their discretion. With respect to consideration of neigh- borhood preferences in such a plan, Ms. Attkisson stated that according to the California Government Code a Council cannot delegate the legislative power to a neighborhood group. Mr. Robert Brown, attorney representing Messrs. Hemmerle and Head, who are the potential developers of "Posada del Sol" in the Quarry area, stated that there are many inconsistencies in the General Plan, that the Neighborhood 13/14 Plan is not consistent with the General Plan, and that he felt there has to be an Environmental Impact Report in connection with the Plan. There being no further public comment the public hearing was closed. After discussion Assistant City Attorney Bullard was asked to give a legal analysis to the Council regarding the requirement for an EIR, and on any further action required before the next public hearing on the matter. Council then continued the public hearing to the regular meeting of September 2, 1980, with the recommendation that Councilmember Miskimen be given the opportunity to listen to the tape of this meeting in the meantime. Hearing will include proposed rezonings within the area. 6. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL - s80-9, TWO -LOT SUBDIVISION, 226 MAGNOLIA AVENUE; ROBERT & PEGGY BELL, OWNERS; BARBARA KNECHT & PEGGY BELL, REPS.; AP 15-121-10 P1 - r1 ie lu-u Mayor Mulryan declared the public hearing opened. Acting Planning Director Anne Moore briefed the Council on the proposal, which involves a flag lot behind the Bell home, on which another home would be built, with the side driveway used for access. Planning Commission, on June 10, 1980, denied the proposed subdivision and conditional exception after extensive discussion, with a finding that the flag lot would adversely affect both present and future neighbors by creating a home site which would look into the Lakustas' backyard (at 120 Locust Avenue) and into the back yard of the Bells' existing home. Planning Commission denial was by a 6-1 vote, with Commissioner Smith abstaining. Attorney Albert Bianchi, representing Mr. & Mrs. Robert Bell, spoke in favor of the proposal, stating that this is not a new precedent, but that there are other flag lots in the same area. Mr. Bianchi stated that his clients would be willing to put up a performance bond in whatever amount the City deemed appropriate to assure the installation of adequate, mature screening materials of a type to be selected by the City, to screen the development from the neighbors, and that they would be willing to accept a condition that the structure be subject to design review by the City and be limited to a maximum of one story. Mr. and Mrs. Bell then showed a scale model to the Council, and further explained their plans. Attorney Leland Jordan, representing Mr. Boris Lakusta, whose property abuts the Bell property, pointed out that lot configuration is to be considered as well as lot size, and that a majority of the neighbors in the Dominican area object to a development of this type. Also, Mr. Jordan stated that the State laws compel a city to disapprove a subdivision if there are any incon- sistencies with the General Plan. He also urged that the Council consider the physical setting and if the new development is incompatible it should be disapproved. 338 Mr. Wm. Liskamm of 19 Olive Avenue, an architect and land planner, informed the Council that flag lots have been used for years as a means of using land, and he did not understand how the Planning Commission had reached its decision. There being no further public input, the public hearing was declared closed. Councilmember Breiner moved and Councilmember Jensen seconded, to deny the appeal and uphold the Planning Commission. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Council agreed to consider rezoning of the Bell property at a future date. (Mayor Mulryan left meeting - Acting Mayor Jensen presided) OLD BUSINESS 7. RECONSIDERATION OF INSURANCE POLICY REQUIREMENTS AT CITY RECREATION AND COMMUNITY CENTER EVENTS Rec - File 9-3-65 x 9-1-2 After review and discussion of a staff report from Recreation Director Jauch, Councilmember Breiner moved and Councilmember Nixon seconded, to approve the staff recommendation that the present system of insurance for persons using City recreation facilities be continued, re- quiring certificate showing the City as additional insured, and that a portion of the rental fee be set aside to start building an insurance reserve fund. Once this fund is sufficient for paying claims, an alternative insurance plan will be offered those who cannot acquire a certificate of insurance. Users not serving alcohol must still have an insurance certificate, but need not show the City as additional insured. AYES: COUNCILMEMBERS: Breiner, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan (Mayor Mulryan returned to meeting) 8. FINAL ADOPTION - ORDINANCE NO. 1373 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL CCT_T- File 9-1 x 7-3 CHARTER ORDINANCE NO. 1373 - An Ordinance of the City of San Rafael Providing for Cost of Living Increase for City Council, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 9. REPORT ON APPLICATIONS FOR PLANNING COMMISSION (CC) - File 9-2-6 Council noted a report that there are two new applicants in addition to incumbent Clifford Lund whose term is expiring. Council agreed that they will set a date in September for interviews, as soon as they can determine that there will be a full Council present. 10. REPORT ON POTENTIAL SEWER MORATORIUM - TERRA LINDA VALLEY (PW) - File 189 Council reviewed a staff report from Acting Public Works Director Bernardi, regarding the pos- sibility of a moratorium being imposed on the Las Gallinas Valley Sanitary District by the Regional Water Quality Control Board. Mr. Bernardi recommended that if the moratorium is imposed, there are certain projects he would like to recommend for exemption: Systems Appli- cations, Inc., on Lucas Valley Road; Harder's Terrace, a 36 -unit townhouse development at Professional Center Parkway and Channing Way; and 139 Merrydale Road, a ten -unit apartment development. These projects are at various permit stages now. After discussion Council agreed that two letters signed by Mayor Mulryan this evening be given to the Regional Water Quality Control Board. One letter objects to the threatened moratorium, and the other letter requests exemption for the abovementioned projects. Acting City Manager Meador will take the letters to the Regional Water Quality Control Board meeting on July 23, 1980, which will be held in the City Hall Council Chambers. 11. DESIGNATION OF SPACES IN CITY -OWNED PARKING LOTS FOR REGULAR CAR POOLS (PW) - File 9-3-40 Council reviewed a report from City Attorney Duggan, stating that he has read the conditions contained in the Parking District bonds and finds that the City has the right to forego revenue from such spaces so long as it can be considered a traffic control requirement. However, any such control requirements are limited by the fact that such measures can only be implemented so long as revenues do not jeopardize the interest or principal payments on such bonds. 339 Councilmember Breiner moved and Councilmember Nixon seconded, to approve the plan to designate six parking spaces in a City parking lot with an attendant monitoring usage for one hour each morning on a six-month trial basis. AYES: COUNCILMEMBERS: Breiner, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: Miskimen NEW BUSINESS 12. DISPOSITION OF PERMIT APPLICATIONS TO THE CORPS OF ENGINEERS IN EAST SAN RAFAEL (PW) - Pi1c Q_i_ n Council accepted a report from Acting Public Works Director Bernardi, on the status of permit applications from the Corps of Engineers in the East San Rafael area. 13. CONSIDERATION OF CITY STREET TREES POLICY (PW) - File 9-3-40 x 9-1-2 x 7-4 After reviewing a staff report and recommendations by Acting Public Works Director Bernardi, Councilmember Breiner moved and Councilmember Jensen seconded, to approve the staff recommenda- tion regarding street tree policy and reorganization of the crew. The policy involves trimming all trees in an area to standards determined by the Public Works Department, with a maintenance program to be presented to the Council at a later date, and individual tree trimming to be handled only on an emergency basis. The crew will be reorganized as follows: One Tree Climber/ Crew Leader; one Tree Climber Assistant; and one Groundsworker I. AYES: COUNCILMEMBERS: Breiner, Jensen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 14. SUMMARY OF FUTURE CONSIDERATIONS OF THE SAN RAFAEL CITY COUNCIL (CM) - File 9-1 Council reviewed but took no action on a staff report summarizing future items which will be coming before them. 15. REPORT OF BOARD OF REVIEW RE APPEAL OF OFFICER JAMES COOK (CM) - File 9-2-12 x 7-4 Council set hearing date of September 8, 1980 at 4:30 PM. Meanwhile, Council is to be fur- nished transcript of the hearing on July 8, 1980. Before adjournment Assistant City Attorney Bullard requested direction on his action to be taken with regard to the discrepancies in the General Plan and Neighborhood 13/14 Plan as al- leged by Mr. Robert Brown during the public hearing (Item 5). Council asked that Mr. Brown be requested to put his comments in writing so that Mr. Bullard could be in a position to make a suitable determination. The Council adjourned to Executive Session to discuss anticipated litigation. The Council then reconvened in open session and unanimously awarded settlement in full of two claims, as follows: Claim No. 3-1-446, James W. Good, MD, & Seaver T. Page in amount of $3,456.11 Claim No. 3-1-505, Wm. Rudman, in amount of $1,424.35 &ANNE M. LEONCINI, City Clerk APPROVED THIS /A't DAY OF 1980 MAYOR OF THE CITY OF SA RAFAE *** *** *** *** *** *** *** *** 340 In Room 201 of the San Rafael City Hall, Tuesday, July 29, 1980, at 5:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman Absent: John A. Miskimen, Councilmember/Agency Member EXECUTIVE SESSION Executive Session to Discuss Applications for City Manager/Redevelopment Agency Executive Director. No action was taken. Council adjourned to their next regular meeting on Monday, August 18, 1980. REGINA A.NBUCHANAN, Deputy City Clerk/Asst. Agency Secretary APPROVED THIS r 01 DAY OF , 1980 LAWRENCE E. MULRYAN MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** In Room 201 of the San Rafael City Hall, Monday, August 11, 1980, at 4:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman EXECUTIVE SESSION Executive Session to interview applicants for City Manager and Redevelopment Agency Executive Director. No action was taken. Council/Agency adjourned to their next Special Joint Meeting (Executive Session) on Tuesday, August 12, 1980, for the purpose of interviewing additional applicants. JEANV> LEONCINI, City Clerk/Agency Secretary APPROVED THISDAY OF 1980 q4n�f' 1 CM6 — LAWRENCE E. MULRYAN MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** 341 In Room 201 of the San Rafael City Hall, Tuesday, August 12, 1980, at 4:00 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Member Dorothy L. Breiner, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Jack G. Nixon, Councilmember/Agency Chairman EXECUTIVE SESSION Executive Session to interview additional applicants for City Manager and Redevelopment Agency Executive Director. No action was taken. Following Executive Session, the City Council met in public session and took the following action: RESOLUTION NO. 5940 - RESOLUTION OF APPRECIATION TO LIONS INTERNATIONAL DISTRICT 4C7. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council/Agency adjourned to their next regular meetings to be held on Monday, August 18, 1980. JE . LEONCINI, City'Clerk/Agency Secretary APPROVED THIS oDAY OF4, 1980 LAWRENCE E. MULRYAN MAYOR OF THE CITY OF SAN RAFAEL/AGENCY MEMBER *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, August 18, 1980, at 8:00 PM. Regular Meeting: Present: Fred E. Jensen, Acting Mayor Dorothy L. Breiner, Councilmember John A. Miskimen, Councilmember Jack G. Nixon, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Pamela J. Nicolai, For Acting City Manager; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nixon seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meetings of July 7 and 21, 1980, and Special Joint Meeting of July 29, 1980. 2. Approval of Cultural Affairs Commission Recommendation: (Rec) - File 9-2-24 x 102 a. Proclamation Welcoming Exchange Students from Germany. b. Sponsor a Reception for the German Students at Falkirk Community Cultural Center. 3. Park & Recreation Commission Recommenda- tions: (Rec) - Recommended Action Approved as submitted. Approved recommendation re City sponsoring reception at Falkirk September 11, 1980. Approved staff recommendation. 342 a. Request for Authority to go to Public Bid for Custodial and Main- tenance Services for Don Timoteo & Short schools day care centers. File 9-3-65 b. Approval of Fee Schedules for: File 9-10-2 1 San Rafael Community Center. 2) Falkirk Community Cultural Center. 3) Terra Linda Recreation Center. 4) Park Areas & Facilities. 4. Acceptance of Grant of Additional Street Right -of -Way Width - 139 Merrydale Road. (PW) - File 2-2 5. Acceptance of Grant of Drainage Ease- ments - Picolo Valle Subdivision. (PW) File 5-1-245 6. Award of Contract - Manderly Road Drainage Improvement Project. (PW) File 4-1-294 7. Award of Contract - North San Pedro Road Guardrail Installation Project. (PW) - File 4-1-295 8. Award of Contract - Drainage Improvement File 4-1-297 Adopted Resolutions of Fee Schedules: RESOLUTION NO. 5941 RESOLUTION NO. 5942 RESOLUTION NO. 5943 RESOLUTION NO. 5944 authorizing approval RESOLUTION NO. 5945 - ACCEPTING CONVEYANCE OF ADDITIONAL STREET RIGHT-OF-WAY (From Wm. A. Timmer as Trustee) RESOLUTION NO. 5946 - ACCEPTING GRANT OF STORM SEWER EASEMENT IN PICOLO VALLE SUBDIVISION (From The Weiss Company) RESOLUTION NO. 5947 - ACCEPTING GRANT OF STORM SEWER EASEMENT IN PICOLO VALLE SUB- DIVISION (From Thos. & Linda Applegate) RESOLUTION NO. 5948 - AWARD OF CONTRACT, MANDERLY RD. DRAINAGE IMPROVEMENTS (To Maggiora & Ghilotti, Inc., bid amount $26,512) RESOLUTION NO. 5949 - AWARD OF CONTRACT, NORTH SAN PEDRO ROAD GUARDRAIL INSTALLATION (To W. R. Forde Construction, bid amount $12,950) 320 Devon Drive RESOLUTION NO. 5950 - AWARD OF CONTRACT, Project. (PW) 320 DEVON DRIVE DRAINAGE IMPROVEMENT (To W. R. Forde Construction, bid amount $11,961.90) 9. Report on Bid Opening for 1980/81 Public Works Maintenance Materials. (PW) - File 4-2-150 10. Award of Contracts: (CM) - File 4-2-151 a. One Four -Wheel Drive Pickup. b. Three New Heavy Duty Truck Cab & Chassis. c. Three Hydraulic Hoist Dump Units. 11. Award of Contracts for Six Used Vehicles. (CM) 12. Annexation of Two Island Areas. (CM) File 5-2-79, 5-2-80 x 10-3 Authorized issuance of purchase orders to low bidders, Basalt Rock Co., Inc., and Shamrock Materials, Inc. RESOLUTION NO. 5951 - AUTHORIZING PURCHASE OF A POLICE OPEN SPACE VEHICLE UTILIZING EQUIPMENT REPLACEMENT FUNDS (To S&C Motors of San Francisco, low bidder for 1981 Ford F-350 Pickup, $10,849.10) RESOLUTION NO. 5952 - AUTHORIZING PURCHASE OF PUBLIC WORKS VEHICLES UTILIZING EQUIP- MENT REPLACEMENT FUNDS (To Dailey Body Co., Oakland, for 3 two -yard dump bodies, $12,697.74; to ISI, Inc., San Rafael, for 3 cab & chassis', $35,409.30) RESOLUTION NO. 5953 - AUTHORIZING PURCHASE OF TWO FIRE VEHICLES & FOUR POLICE VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS (To Hertz Corp. of Millbrae, for 2 station wagons & 4 medium sized sedans, $25,408.20) RESOLUTION NO. 5954 - RESOLUTION OF AP- PLICATION TO THE MARIN LOCAL AGENCY FOR- MATION COMMISSION IS MADE FOR ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT (MMWD Tank Site Annexation, Ridgewood Dr. Elizabeth Way) RESOLUTION NO. 5955 - RESOLUTION OF AP- PLICATION TO THE MARIN LOCAL AGENCY FORMA- TION COMMISSION IS MADE FOR ANNEXATION PURSUANT TO THE MUNICIPAL ORGANIZATION ACT (909 Patricia Way, Lands of Hilton) 13. Handicapped Access to 36 Professional Center Parkway. (PW) - File 13-1-1 14. Report on Emergency Sanitary Sewer Service by Roto -Rooter. (PW) - Pilo Q_%an 15. Resolutions Setting City's 1980/81 Tax Rate. (Fin) - File 9-12-1 16. Changing the Date for First Meeting in September, Due to Holiday. (CC) - File 9-1 AYES: COUNCILMEMBERS: Breiner, Miskimen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 343 Approved staff recommedation for 9 month extension, to 5/30/81 for installation of access facilities, subject to bond being in full force and effect for ex- tension period. Accepted report that service has been sat sfactory. RESOLUTION NO. 5956 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1980/81 (For payment of principal and interest on general obli- gation Sewer Bonds, on Open Space Bonds, and for payment of principal and interest on Terra Linda Recreation District Bonds assumed by City of San Rafael - January 1, 1973 the sum of . . $.06) RESOLUTION NO. 5957 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1980/81 (For payment of principal and interest on general obli- gation Open Space Bonds and Terra Linda Recreation District bonds assumed by City of San Rafael . . $.04) Set Tuesday, September 2, 1980, as date for meeting. Nixon & Acting Mayor Jensen 17. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED80-45 - STORAGE ADDITION TO OFFICE BUILDING; 700 "E" STREET; JOHN DUPEN, OWNER & REP.; AP 12-071-07 P1 - File 10-4 Acting Mayor Jensen declared the public hearing opened. The appellant, Mr. Dupen, was not present and Council heard a staff report from Acting Planning Director Moore in which it was recommended that the Planning Commission decision be upheld and the appeal denied with the findings that the proposed addition is not consistent with the purpose, intent and scope of the parking ordinance, in that the proposed "storage" area exceeds that normally permitted by the City and is likely to be used for more intense uses. Staff also recommended two conditions be imposed: 1) That a performance bond be submitted by the applicant to insure that within 30 days the addition will be removed; and, 2) That the applicant shall demonstrate that existing uses within the facility meet parking requirements. Acting Mayor Jensen declared the public hearing closed. Councilmember Nixon moved and Councilmember Breiner seconded, to uphold the Planning Commission decision and deny the appeal, and to impose the two conditions as recommended by staff. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Mr. Dupen arrived later in the meeting (approximately 9:00 PM), and the Council heard his statement in which he contended that his addition requires no additional parking and he feels he is within the parking requirements. (Councilmember Nixon left during discussion.) After Mr. Dupen's statement, Council agreed without motion to uphold their previous decision to deny the appeal. 18. PUBLIC HEARING - REZONING - Z80-6; 625 GRAND AVENUE (AP 14-133-05 & 07); ANGELO FERRO, OWNER; iinnni n r i r-7-7rnir nrn I n7 A r.l.. 1n 5 .. 7n G in 77 Acting Mayor Jensen declared the public hearing opened. Acting Planning Director Moore informed the Council that the Planning Commission had held a hearing on June 24, 1980 on the proposed rezoning of the property in question, and recommended approval of rezoning to P -D (Planned Development) District in order to preclude more intensive uses. Present development includes an office and restaurant facility and provides the minimum number of parking spaces for such a facility. There being no public input, the public hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Declaration. 344 AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan An Ordinance of the City of San Rafael, Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the Municipal Code so as to Reclassify Certain Real Property from C-2 (General Commercial) District to P -D (Planned Development) District, and numbering Charter Ordinance No. 1374, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 19. PUBLIC HEARING - CONSIDERATION OF ELIMINATION OF THE MUNICIPAL FIRE ALARM BOX SYSTEM (FD) - File 9-3-31 x 13-5 Acting Mayor Jensen declared the public hearing opened. Fire Chief Marcucci proposed to the City Council that the Municipal Fire Alarm Box System be discontinued, and that the 144 boxes be sold. He estimates that they should bring approximately $150 each, because of their value to collectors. The money accrued from the sale would go toward purchase of a Radio Alerting Backup System, the cost of which is approximately $12,000. Chief Marcucci stated that the only use the fire alarm system has been getting has been the false alarms, which have averaged 22 per month. He has written to all who are presently within the system and informed them of the public hearing, and has had no adverse comment. There being no public input, the public hearing was declared closed. Councilmember Nixon moved and Councilmember Breiner seconded, to approve the staff recommenda- tion to eliminate the Municipal Fire Alarm Box System and purchase a Radio Alerting Backup System with the proceeds from the sale of the boxes. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan OLD BUSINESS 20. STATUS REPORT OF CALTRANS WORK ON HIGH OCCUPANCY VEHICLE (HOV) LANE. (PW) - File 11-16 Traffic Engineer Gerth briefed the Council on the new and old designs of the Caltrans HOV lane project, with the aid of drawings, and reported that in July the California Transporta- tion Commission had reduced the previous $10,000,000 funding for the project to $2,000,000 for the 1980/81 State Transportation Improvement Program. Mr. Gerth informed the Council that under the revised concept Marin 101 HOV lane project will improve traffic flow along the highway in some areas and contain congestion in other areas. A drawback for San Rafael residents is the fact that the HOV lane has only two access points, North San Pedro Road and north of Miller Creek Road. Access to the lane from Manual Freitas Parkway and Lucas Valley Road is not provided. This also means that local transit service in the Terra Linda Valley cannot utilize the lane. Residents of areas north of Lucas Valley who work in San Rafael (or the Civic Center under Phase 2) will receive the maximum benefit. The project has the advantage of being expandable as additional funds are provided, and is achievable if the CTC reinstates the $10,000,000 funding level. The Public Works staff recommended to the City Council that the Council endorse the balanced design concept at this time and allow Caltrans to proceed with a draft of a revised work program. After discussion, Councilmember Breiner moved and Councilmember Nixon seconded, that a letter be directed to Caltrans as recommended by staff, endorsing the balanced design concept. AYES: COUNCILMEMBERS: Breiner, Miskimen, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 21. RESOLUTION ACCEPTING 1980/81 BUDGET. (Fin) - File 8-5 RESOLUTION NO. 5958 - ADOPTING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1980 - JUNE 30, 1981 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (Total $13,605,520.00) 22. PARK & RECREATION COMMISSION RECOMMENDATIONS: (Rec) a. Future Development of Pickleweed Park - File 2-1-55 (R-55) Recreation Director Jauch informed the Council that the City has $225,000 scheduled for Pickleweed Park, in a combination of Local Park Assistance Funds and HCDA Funds. It is anticipated that $185,000 HCDA funds will be received next year. 345 On June 19, 1980, the Park & Recreation Commission discussed the future development of Pickleweed Park and are recommending that the first priority be given to building a community center. Subsequently the Commission met with the Canal Community Council to discuss two possibilities: 1) That a center be built at Pickleweed Park; and 2) That the City combine with the San Rafael School District and build a combination multipurpose/ community center at Bahia Vista School. The Canal Community Council was almost unamimous in the feeling that the center should be built at Pickleweed Park. Staff's position is that there are benefits in combining efforts in building a multipur- pose community center building at Bahia Vista School; however, considering the needs of the neighborhood and the School District, staff's recommendation is that the City Council approve the Park & Recreation Commission's recommendation that a center be built at Pickleweed Park. Council then heard from a number of residents of the Canal area, urging that a community center be built at Pickleweed Park. Council then discussed the possibility of combining with the School District and having the combined multipurpose/community center at Pickleweed. Mr. Jauch stated that the school people had stated they would prefer not to have to move the children off the school grounds. Mr. Jauch also felt that scheduling might become a problem. Councilmember Nixon asked that the Council not lose sight of the necessity for a youth soccer field at Pickleweed Park, and also questioned the priority for a community center at this time. Park & Recreation Commissioner Nicholson stated that the community center would provide a very definite asset to the City, and would serve the growing needs of the population. He stated the Commission would like to see the park finished. After further discussion, it was agreed that the City/Schools Liaison Committee would meet with the School Board regarding joint use of a facility at Pickleweed Park. b. Use of Beach Park by Marin Power Squadron - File 9-2-4 x 12-15 Recreation Director Jauch informed the Council that the Park & Recreation Commission and the staff are opposed to the proposal to build a 2,400 square foot building on Beach Park for squadron classes. They feel that the park is not large enough to house a building of that size and keep the characteristics of a park. It has been suggested to Mr. Joseph Kohlenstein who represents the power squadron, that his organization should look into the possibility of using the Madrone School building at San Rafael High School, since the school district is presently looking for a tenant for that building. Mr. Kohlenstein then addressed the Council, stating that the proposed building would con- form to whatever design standards are set by the City, and would be used for teaching boating safety and making corrections to navigational charts. Councilmember Miskimen suggested that perhaps the Council should consider joint use of the San Rafael Yacht Club. After further discussion it was agreed that Councilmember Nixon, Commissioner Nicholson and Mr. Kohlenstein will meet and discuss the Power Squadron's plans, including alterna- tives, and report back to the Council with their recommendations. (Councilmember Miskimen left meeting) 23. STATUS REPORT ON OFFICE OF TRAFFIC SAFETY (OTS) MINI COMPUTER SYSTEM (Fin) - File 4-10-129 Council accepted a report from Police Chief Benaderet, updating the progress of the project, and informing the Council that staff is presently considering bids from three consulting firms to supply two different brands of computer hardware, which will fully comply with requirements of the grant. NEW BUSINESS 24. AWARD OF CONTRACT FOR POLICE MANAGEMENT STUDY (CM) - File 4-10-146 RESOLUTION NO. 5959 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Hughes, Heiss & Associates for Police Management Study - and appropriate $25,000) AYES: COUNCILMEMBERS: Breiner, Nixon & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen & Mayor Mulryan 25. APPLICATIONS TO LEASE 532 "B" STREET (RA) - File 2-8-20 x 2-8-14 Council reviewed a staff report from Assistant Executive Director (Redevelopment) Ward, inform- ing them that the tenants of 532 "B" Street have abandoned the premises. The Agency had originally acquired the property with funds provided by the State's Parks Bond Fund to evenually assimilate the property into Albert Park. Therefore, the property was leased on an interim basis until additional funds became available. 346 Mr. Ward informed the Council that he has had seven inquiries regarding leasing of the building and requested permission to prepare an ordinance approving a lease with reservations restricting use to dead storage with a waiver of liability for water damage and a clause to terminate upon ninety days' notice. One of the interested groups was the Marin County Historical Society, regarding use of the building in question and the next-door building at 522 "B" Street for use as an expanded Historical Museum and storage area. Mr. Ward recommended to the Council that this proposal be forwarded to the Planning Commission for review and recommendation. Mr. Ward was then instructed to prepare an ordinance approving a lease for the building in question, with the covenant regarding dead storage and waiver of liability as stated; and also to refer the Marin County Historical Society proposal to the Planning Commission for review and recommendation to the Council. 26. STATUS REPORT ON CITY/SCHOOLS/COUNTY LIBRARY COMMITTEE (CM) - File 9-3-61 Council reviewed an informational status report on the City/Schools/County Library Committee, outlining their goals for better utilization of library services by expanding access to the general public. The report also outlined a pilot cooperative program which envisions three school facilities being used as satellite public service outlets, applying for Buck Foundation funds, and cooperating on personnel and materials. (Councilmember Miskimen returned - Councilmember Nixon left meeting) 27. RESOLUTION AUTHORIZING SIGNING OF SAFETY TRAINING AGREEMENT WITH R. L. KAUTZ CO. (Pers) - File 4-10-147 Council reviewed a staff report from Assistant to the City Manager/Personnel Luedeman, re- commending that the City enter into a safety training agreement with R. L. Kautz Co., the City's self-insurance administrators in an effort to reduce lost time from job-related in- juries. Mr. Luedeman requested that the Council authorize an expenditure not to exceed $4,950 per year for the safety assistance services. RESOLUTION NO. 5960 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With R. L. Kautz Co. for assistance in developing comprehensive safety training program for City personnel - not to exceed $4,950 per year) AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan 28. COMMUNICATION FROM BUSINESS IMPROVEMENT DISTRICT (BID) (CM) - File 183 Council considered a request from the Business Improvement District that all funds collected through the Business Improvement District and held in the City's Finance Department (ap- proximately $14,419.07 at this time) be transferred to the BID. Also enclosed was the BID budget for FY 1980/81 for approval. After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to accept the budget as submitted and authorize transfer of all funds collected through the BID be transferred to them. RESOLUTION NO. 5961 - AUTHORIZING THE TRANSFER OF FUNDS TO THE BOARD OF DIRECTORS OF THE PARKING & BUSINESS IMPROVEMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan 29. PLANNING DEPARTMENT 1980/81 WQRK PROGRAM (P1) - File 9-3-17 Acting Planning Director Anne Moore noted for the Council that the work is already under way for the revised Housing Element of the San Rafael General Plan. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommended Planning Department 1980/81 Work Program. AYES: COUNCILMEMBERS: Breiner, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nixon & Mayor Mulryan GENERAL TOPICS FOR DISCUSSION, AS REQUESTED BY MAYOR & COUNCILMEMBERS 30. SET SPECIAL WORKSHOP TO DISCUSS TRAFFIC/TRANSIT ISSUES - File 9-1 x 9-3-40 x 11-16 x 11-18 Councilmember Breiner mentioned that Traffic Engineer Gerth has been studying what other cities are doing in connection with parking and busing, and that she would like to set a workshop session as soon as the full Council can be present.