HomeMy WebLinkAboutMinutes 1973-1977 pt. 1I
In Room 201 of the City of San Rafael, Saturday, November 17, 1973 at 9:30 O'Clock A.M.
Special Meeting:
RE: PERSONNEL - FILE 7-5
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council met in executive session to interview applicants for the pcsition of Deputy Police Chief.
Council recessed at 12:15 P.M.
Council reconvened at 1:45 P.M., in open session.
RE: ARCHITECT FOR BOYD HOUSE RESTORATION - FILE 13-14-2 x 9-3-66 x 4-3-56
The Council interviewed three applicants for the restoration of the Boyd House. Milton Chambers was
selected as Architect for the project.
Respectfully submitted,
Acting City Clerk
APPROVED THIS ,L . DAY OF
do.:-�
MAYOR OF THE CITY` -6F SAN RAFAEL
In Room 201 of the City of San Rafael, Monday, November 19, 1973, at 7:30 O'Clock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
iRE: REDEVELOPMENT - FILE 140
jThe City Council, acting as the San Rafael Redevelopment Agency, met in executive session to discuss
(potential property acquisition.
MARION A. GRADY, City Clerk:'
APPROVED THIS `j DAY OF "19�.
MAYOR OF THE CITY OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, November 19, 1973, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Motion by Councilman Jensen, second by Councilman Miskimen, and carried unanimously, to approve the re-
commended action of the following consent calendar items:
Item Recommended Action
1. Approval of Minutes - Regular Meeting of November 5, 1973. Approve as mailed.
2. Correction of Minutes - Regular Meeting of October 1, 1973, as Approve as corrected.
follows:
(a) Add the following wording, after the second paragraph, page 3:
"RESOLUTION NO. 4604 - RESOLUTION APPOINTING A CITIZENS ADVISORY
COMMITTEE ON SAN RAFAEL CANAL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor
Bettini.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None."
(b) Change the wording in the third paragraph of the second item on page
5 from "...additional 10 occupancy permits..." to "...additional 50
occupancy permits..."
3. Claim for Damages - Henry Miggins, Claimant. No. 3-1-71. Deny and refer to Insurance
Carrier.
4. Claim for Damages - Mr. & Mrs. Battaglia, Claimant. No. 3-1-74. Deny.
RE: PUBLIC HEARING - AUTHORIZATION TO CONNECT TO ANDERSEN DRIVE - FILE 6-22 x 11-1
Mayor Bettini reopened the public hearing on the request to connect to the newly constructed Andersen
Drive in the East San Rafael Drainage Assessment District No. 1.
City Engineer Caillouette presented a status report. Mr. Capel had requested that the City Engineer
relay to the Council his feeling that the $7,000 to $8,000 cost he would incur for the roadway connec-
tion would benefit the City by reducing traffic congestion and he was not interested in paying any
cost of the newly constructed street.
There were no speakers from the audience on this item and Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Nixon that Mr. Capel's request to connect to Andersen
Drive be denied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4611 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING EASEMENT.
(Grady- Andersen Drive)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - ZONING TEXT AMENDMENT (Z73-10) TO TITLE 14 PERTAINING TO MULTIPLE OCCUPANCE FOR
SINGLE FAMILY RESIDENTIAL UNITS - FILE 10-3
Mayor Bettini declared the public hearing open on this item which had been continued from the previous
meeting for staff evaluation of the citizen committee's recommendations. City Attorney Robbins re-
ported that the 9th Circuit Court of Appeals has held that the definition of a family as proposed in
the ordinance is constitutional. City Planner Hotchner reported the staff position and agreed that
adoption of the measures recommended by Dr. Ablin and the committee, with the exception of the pro-
posed ordinance limiting occupancy on the basis of square footage or number of bedrooms, would not
effectively deal with the problem but would give a greater degree of control than the City now has.
Mr. Zweig felt the Council should adopt the ordinances proposed by the committee. He contended that
if they don't work, a more drastic ordinance could then be adopted.
After some Council discussion, a motion was made by Councilman Mulryan, seconded by Councilman Nixon
to accept the staff recommendations that the three ordinances be adopted and direct the staff to draft
a proposed ordinance that would attempt to limit the number of people per square foot or per bedroom,
whichever is the most workable procedure.
3
A motion was made by Councilman Jensen that the original proposed ordinance be passed to print.
City Attorney Robbins ruled that, since a motion was already on the floor, this motion was not in
order.
There was further discussion relating to the use permit procedure. The motion by Councilman Mulryan
was withdrawn.
Motion by Councilman Nixon, second by Councilman Miskimen, that this matter be tabled for two weeks
for revising of the proposed ordinance.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - EXTENSION OF URGENCY ORDINANCE NO. 1120 PROHIBITING THE CONVERSION OF EXISTING
APARTMENT BUILDINGS TO CONDOMINIUMS - FILE 10-2
Mayor Bettini opened the public hearing.
City Planner Hotchner advised that the Planning Commission recommended by a vote of 5-0, extension
of the Urgency Ordinance for eight months, the maximum extension.
There were no speakers from the audience and Mayor Bettini closed the public hearing.
An ordinance of the City of San Rafael extending urgency Ordinance No. 1120 prohibiting the conver-
sion of existing apartment buildings to condominiums pending the adoption of a housing element of the
San Rafael General Plan and the amendment of the San Rafael Zoning Ordinance, and numbering Charter
Ordinance No. 1126, was read, introduced and ordered passed to print, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - RAFAEL RACQUET CLUB ESTATES UTILITY UNDERGROUNDING ASSESSMENT DISTRICT - FILE
6-27
Mayor Bettini reopened the public hearing which had been continued from the previous meeting. City
Engineer Caillouette reported that the petitions opposing the District represented 51.7 percent of the
area.
IThere were no speakers from the audience and Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Nixon, to terminate proceedings for this Assessment
District.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
IRE: PUBLIC HEARING - MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
?Mayor Bettini opened the public hearing.
Mr. Edwin N. Ness, Assessment District Counsel, advised that bids received far exceeded the Engineer's
estimate for the work. This would increase the assessments from the original amount of $3300 to
around $5500 and the property owners would have to be noticed before action could be taken.
Councilman Jensen left the Council Chambers.
�Mr. Charles Parmelee, 34 Mooring Road, asked how many bids were received and was advised that two
were received.
The public hearing was continued for two weeks for additional information.
RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENT
NO. 16 - FILE 6-22
Mayor Bettini opened the public hearing. There was no one wishing to speak on this item and the
hearing was closed.
RESOLUTION NO. 4605 - RESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENT NO. 16, EAST
SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN
COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: eOUNCILMEN: Jensen
RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENTS
NOS. 16A AND 29 - FILE 6-22
Mayor Bettini opened the public hearing. There was no one wishing to speak on this item and the
hearing was closed.
A
RESOLUTION NO. 4606 - RESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENTS NOS 16 A AND
29, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
The City Council adjourned and reconvened to act as the Redevelopment Agency.
RE: REDEVELOPMENT - APPOINTMENT OF CITIZENS ADVISORY COMMITTEE - FILE 140
Executive Director Bielser presented a verbal and written report.
Councilman Jensen returned to the Council Chambers.
After discussion, the Board authorized the formation of a commission -oriented committee to consist of
seven members to be appointed from the citizens at large, and call for applications to be accepted
for a period of thirty days.
RE: REDEVELOPMENT - APPOINTMENT OF REDEVELOPMENT AGENCY TREASURER - FILE 140
Motion by Member Mulryan, second by Member Nixon, that Mr. John B. Averett be appointed Treasurer of
the Redevelopment Agency.
AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Chairman Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None
RE: REDEVELOPMENT - SETTING OF SPECIAL MEETING FOR AWARD OF BOND BIDS - FILE 140
Motion by Member Nixon, second by Member Jensen, that a special meeting be set for 5:00 P.M., November
20, 1973, for award of bond bids.
AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Chairman Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None
RE: REDEVELOPMENT - LEGAL SERVICES - FILE 140
Executive Director Bielser reported, recommending approval of an additional ten thousand dollars —
($10,000) for as -needed legal services.
Motion by Member Nixon, second by Member Mulryan, to approve the staff recommendation for continuing
the legal services of Mr. Goldfarb.
AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Chairman Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None
The San Rafael Redevelopment Agency adjourned to the special meeting at 5:00 p.m., November 20, 1973,
and reconvened to act as the City Council.
RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - AMENDMENT OF ENGINEER'S REPORT AND ASSESSMENT -
FILE 6-25
RESOLUTION NO. 4607 - RESOLUTION AMENDING ENGINEER'S REPORT AND ASSESSMENT IN THE MATTER OF THE
DESCRIPTION OF PROPERTIES TO BE ACQUIRED IN LUCAS VALLEY OPEN SPACE ASSESS-
MENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON DEFERRED COMPENSATION PLAN - FILE 7-4
Finance Director Averett presented the staff report, including the proposed plan and sample employee
agreement, recommending approval of the plan which the Council had previously endorsed in concept.
Motion by Councilman Mulryan, second by Councilman Nixon, to approve the Deferred Compensation Plan
amended to reflect a minimum monthly deduction of $30, and a maximum of $300 per month.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
Councilman Miskimen left the Council Chambers.
RE: FINAL ADOPTION - ORDINANCE NO. 1124, INDUSTRIAL WASTE - FILE 13-12
CHARTER ORDINANCE NO. 1124 - An ordinance of the City of San Rafael amending Chapter 9.20 of the Muni-
cipal Code entitled Industrial Waste, was passed and adopted as an ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1125, ADDING TEN HOUR METERS TO THE THIRD AND ''A'' STREET PARKING '
LOT- FILE 12-14x 11-18
CHARTER ORDINANCE NO. 1125 - An ordinance of the City of San Rafael amending Title 5, Traffic Regula-
tions, Chapter 5.60, Parking Meters, by adding ten hour meters to the Third and ''A'' Street Parking
Lot, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
WOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: RECOMMENDATION OF PLANNING COMMISSION ON PROPOSED DEMOLITION CONTROL ORDINANCE - FILE 9-3-32 x
13-14-2
An ordinance of the City of San Rafael amending Chapter 11 of the Municipal Code of the City of San
Rafael by adding thereto Chapter 11.36 entitled Demolition Permits, and numbering Charter Ordinance
No. 1127, was read, introduced and ordered passed to print, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: councilmen: Miskimen
RE: REPORT OF PLANNING COMMISSION ON CITY -COUNTY PLANNING COUNCIL PROPOSAL - FILE 10-2 x 4-13-24
City Planner Hotchner reported the recommendation of the Planning Commission, that action on the pro-
posed joint powers agreement be deferred until after adoption of the San Rafael General Plan.
Councilman Miskimen returned to the Council Chambers.
Councilman Nixon reported on his attendance at the CCPC meeting November 14, 1973.
The Council discussed deferring action until adoption of the General Plan and referred to a letter
November 14, 1973 pertaining to the General Plan approach from Mr. Jorgen Lunding, Planning Commis-
sion Chairman.
Mr. Lunding asked Council consideration of the request proposing certain revisions as outlined in his
letter.
Mr. Richard Rodriques, Chairman of the Citizens Advisory Committee on the General Plan reported on the
action of the Committee since receipt of the initial copies of the plan, and felt the procedure
should not be changed.
Mr. Warren Jones, Consultant for the General Plan, referred to the agreement between his firm and the
City of San Rafael, Council's recent confirmation of the present schedule, and expressed his feeling
that this request shows a lack of confidence. He asked that the Council are committed to the same
process, procedures and schedule. He also asked that Council clarify its position with respect to
Duncan & Jones.
Mr. Richard Fox, CAC member, felt the work on the General Plan is going forward in a constructive man-
ner.
Mayor Bettini left the Council Chambers.
In the course of discussion, Mr. Lunding advised that most of the problems of the Planning Commission
referred to at the previous City Council meeting have been clarified. Council reiterated confirmation
of the General Plan schedule.
Mayor Bettini returned to the Council Chambers.
Motion by Councilman Miskimen, second by Councilman Mulryan, that, in the interest of getting the
General Plan done on schedule, Mr. Lunding be removed from the Planning Commission.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
Council ordered that applications be solicited to fill the vacancy on the Planning Commission, with
interviews to be set prior to the December 3 Council meeting when the appointment will be made.
Motion was made by Councilman Nixon, seconded by Councilman Mulryan, and unanimously approved, to
reaffirm the process to be followed on the General Plan as set forth in Warren Jones' memo of No-
vember 19, 1973, and endorse the consultants in their efforts to date.
RE: REQUEST FOR LEGAL DEFENSE FINANCIAL SUPPORT - LT. NASH - FILE 120
City Attorney Robbins reported that the City's insurance carrier has declined to accept the defense
of Lt. Nash.
Mr. Leonard Shaw, Attorney representing Mr. Nash, reported the background on this item and contended
that the City has a moral, if not legal, obligation in this instance.
During discussion, the fact that San Rafael Citizens pay 25 percent of the taxes from which the County
Counsel's salaries are paid was revealed.
City Attorney Robbins was directed to negotiate with the County Counsel as to the amount of City parti-
cipation in view of the 25 percent in taxes and report back to the Council for final approval on
December 3, 1973. Council agreed in principal to cooperation with the County on this item.
RE: EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11
This item was continued to the next Executive Session, December 3, 1973•
RE: PROPOSED ORDINANCE PROVIDING FOR INSPECTION OF PROPERTY ON SALE - FILE 9-3-32
Motion by Councilman Mulryan, second by Councilman Nixon that a public hearing on the proposed ordinance
be set for 8:00 P.M., December 3, 1973•
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNITY RECREATION CENTER ARCHITECTS - FILE 12-15
City Manager Bielser presented the staff report, recommending that the Council call for proposals from
architects and appoint a committee to screen applications and recommend three architects for Council
consideration.
Staff was directed to send a copy of the plan of the location of the proposed Center and the parking
to each Council member.
Motion by Councilman Mulryan, second by Councilman Nixon to call for architectural proposals.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen was appointed as Chairman of the selection committee and Councilman Mulryan was
appointed as the second member of the committee.
RE: COMMUNICATION FROM SAN RAFAEL TOWN MEETING ASSOCIATION - FILE 103
Dorothy L. Breiner read the communication containing the Association's recommendations regarding Re-
development, Open Space and Limited Growth.
Staff was directed to prepare a report on the recommendations, draft an answer outlining the City's
position and things that are now being done, and submit the letter to the Council at the next meeting
for approval before mailing to the Town Meeting Association.
Mayor Bettini left the Council meeting, and Vice President Miskimen presided.
RE: COMMUNICATION REGARDING RECONSIDERATION OF CLAIM - ASSEMBLY OF GOD CHURCH - FILE 3-1-63
After a report from City Attorney Robbins, and Public Works Director Rawles regarding previous denial
of this item and confirming that there is no record of any request regarding the tree and the City
had no prior knowledge as to the potential danger, a motion was made by Councilman Mulryan and
seconded by Councilman Nixon to deny the claim.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
Staff requested and was given authority to contact PG&E to solicit their participation in trimming
certain Eucalyptus trees.
RE: BLACK CANYON ANNEXATION - FILE 5-2-62
At the request of City Attorney Robbins, this item was continued to December 17, 1973•
RE: EXTENSION OF OPTION AGREEMENT - STHYMMEL-BOCCONE - FILE 2-1-44
Councilman Jensen left the Council meeting.
After hearing reports to the effect that the current option on properties located between Knocknaboul
and Wintergreen Terrace expires November 30, 1973, and the terms of the new option, a motion was made
by Councilman Mulryan to renew the option for a period of six months, conditional on staff determina-
tion that the area being deleted from the option renewal does not include a buildable site. Further
discussion resulted in withdrawal of Councilman Mulryan's motion.
Motion by Councilman Mulryan, second by Councilman Nixon, to exercise the current option, with the
cost not to exceed $24,000 as outlined in the agreement.
AYES: COUNCILMEN: Miskimen, Mulryan, and Nixon
NOES:
ABSENT:
COUNCILMEN: None
COUNCILMEN: Jensen and Mayor Bettini
RE: COMMUNICATION FROM MARIN COUNTY TRANSIT DISTRICT REGARDING CITY SUBSIDY OF BUS SERVICE ^ FILE
143 x 112-2
Motion by Councilman Mulryan, second by Councilman Nixon, to authorize the expenditure of limited
funds (approximately $660) as outlined in a letter from the Marin County Transit District dated
November 8, 1973, for a special Christmas Season bus service.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
RE: FEDERAL AID URBAN PROJECT PRIORITY LIST - FILE 4-10-66
Director of Public Works Rawles reported the list of projects and priorities approved by the Federal
Aid Urban Selection Committee which, if approved by the Marin County Board of Supervisors and the
State Transportation Agency, will allow $212,000 to the City of San Rafael for the Miracle Mile -
Fourth Street Project in San Rafael.
RE: RESOLUTION CALLING FOR SPECIAL ELECTION ON COUNTRY CLUB ANNEXATION - FILE 5-2-6o j
RESOLUTION NO. 4608 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING ITS
INTENTION TO CALL A SPECIAL ANNEXATION ELECTION, AND FIXING A TIME AND
PLACE FOR PROTESTS BY PROPERTY OWNERS (December 17, 1973 at 8:00 p.m.)
AYES: COUNCILMEN: Miskimen, Mulryan, and Nixon
NOES: COUNCILMEN: None
ABSENT: Jensen and Mayor Bettini
RE: APPROVAL OF FINAL MAP - ''SESSIONS RISE, A CONDOMINIUM'' - FILE 5-1-217
RESOLUTION NO. 4609 - RESOLUTION APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED
''SESSIONS RISE, A CONDOMINIUM.''
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: Jensen and Mayor Bettini
RE: REPORT ON BELLAM BOULEVARD IMPROVEMENTS - FILE 11-15.1
Director of Public Works Rawles presented a report recommending Council approval for improvements to
Bellam Boulevard between Francisco Boulevard and Jacoby Street to a standard 40 -foot width at an ap-
proximate cost of $200,000 of which the State would pay $150,000, plus the cost of improvements for
the intersection of Jacoby Street in which the State would not participate (cost to be determined
later by the Public Works Department). He also recommended that staff be authorized to negotiate
with the Golden Gate Bridge District for participation in the City's share of the cost.
Motion by Councilman Mulryan, second by Councilman Nixon, to authorize staff to pursue the plan, in-
cluding the Jacoby Street intersection and negotiations with the Golden Gate Bridge District, as re-
commended by the Director of Public Works; monies to be transferred from other budgeted capital im-
provement projects (gas tax fund) when the project is approved by the State and the City.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
RE: RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (CARDELLINI) - FILE 2-1-12
RESOLUTION NO. 4610 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING
REAL PROPERTY (CARDELLINI PROPERTY)
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
RE: REQUEST FOR LEGAL OPINION - SB716 - FILE 116
The Council directed City Attorney Robbins to analyze Senate Bill No. 716 relating to conflicts of in-
terest and to provide, by January 1, 1974, a format for filing disclosure statements as required by
law.
RE: APPOINTMENT TO AIRPORT LAND USE COMMISSION - FILE 12-12 x 9-2-18
Motion by Councilman Mulryan, second by Councilman Nixon to appoint Michael M. Howe, 706 Bamboo Ter-
race, to serve on the Airport Land Use Commission.
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mayor Bettini
IRE: STREET TREES - FILE 11-6
1
Mr. Steven Thomas, 1680 Grand Avenue, reported potentially dangerous Eucalyptus trees on Linden Lane
at the rear of his yard.
RE: ITEMS FOR 1974 BALLOT - FILE 9-4
In response to a query as to any items that need to go on next year's ballot, City Manager Bielser ad-
vised that Council will be furnished with a list of such items.
The City Council adjourned to 7:30 P.M., December 3, 1973, for an executive session.
MARION A. GRADY, City Clem
APPROVED THIS �� DAY OF 191-7 3.
MAYOR OF THE CITY Or SAN RAFAEL
Iln the Council Chambers 5:00 P.M. Tuesday, November 20th, 1973.
Present: Chairman C. Paul Bettini
Member Fred E. Jensen
Member Lawrence E. Mulryan
Member Jack G. Nixon
Absent: John A. Miskimen
RE: REDEVELOPMENT - FILE 140
The City Council met as a Redevelopment Agency and heard a report on the bid opening for sale of re-
development bonds.
The following bids were received, opened and read at 11:00 A.M. this date:
Name of Bidder
duPont Walston, Incorporated
Halsey, Stuart & Company, Inc.
Blyth Eastman Dillon S Company, Inc.
Merrill Lynch, Pierce, Fenner & Smith Inc.
Net Interest Cost to Agency
5.507% Per Annum
5,51149% Per Annum
5.5826% Per Annum
5.72862% Per Annum
RESOLUTION NO. 73-6 - RESOLUTION SELLING $1,000,000 PRINCIPAL AMOUNT OF CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT, TAX ALLOCATION BONDS, SERIES 1973, AND APPROV-
ING AND RATIFYING OFFICIAL STATEMENT.
AYES: MEMBERS: Jensen, Mulryan, Nixon and Chairman Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None /
MARION A. GRADY
City Clerk and Agency Secretary
APPROVED THIS/7 DAY OF 19 3 .
MAYn OF THE CIT F SAN RAFAEL
In Room 201 of the City of San Rafael, Monday, December 3rd, 1973 at 7:30 0'
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: CITY MANAGER'S CONTRACT - FILE 9-3-11
3
The City Council met pursuant to a call for special meeting to be held in Executive Session.
The attorney for the Independent Journal having challenged the City Attorney's ruling that this
is a proper matter for an Executive Session, City Manager Bielser requested that the meeting
be public.
The Council then considered the terms of a contract with the City Manager and agreed to enter j
into a three-year contract with William J. Bielser.
�«ten _
MARION A. GRADY, City Clerk I
APPROVED TH IS ,� 7 DAY OF t`i_Q,CQ 1973
MGIC Tt C
MAYOR OF THE CITY F SAN RAFAEL
10
iln the Council Chambers of the City of San Rafael, Monday, December 3, 1973, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The following corrections were made to the minutes of November 19, 1973 regular meeting:
Page 2, Paragraphs 3, 4 and 5, were amended to read in full as follows:
"Councilman Jensen offered a substitute motion that was ruled out of order as it was not germane to
the primary motion.
"There was further discussion relating to the use permit procedure.
"Motion by Councilman Nixon, second by Councilman Miskimen, that this motion be tabled for two weeks
for revising of the proposed ordinance."
Motion by Councilman Jensen, second by Councilman Miskimen, and carried unanimously, to approve the
recommended action, as amended, of the following consent calendar items:
Item Recommended Action
Approval of Minutes - Special Meetings of November 17, 1973 and November 19, Approve as mailed.
1973•
Approval of Minutes - Regular Meeting of November 19, 1973• Approve as amended.
Contract Change Order No. 14, South San Pedro Approve.
Road, Phase IV. FILE 4-13-14
RE: REDEVELOPMENT - FILE 140,
RESOLUTION NO. 4612 - IN THE MATTER OF THE FIRST AMENDMENT TO THE REPAYMENT CONTRACT WITH THE
SAN RAFAEL REDEVELOPMENT AGENCY.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council adjourned and reconvened to act as the Redevelopment Agency.
RE: ADOPTION OF AGENCY SEAL - FILE 140
RESOLUTION NO. 73-7 - RESOLUTION AUTHORIZING AGENCY TO ADOPT AN AGENCY SEAL.
AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None
RE; AMENDMENT TO THE REPAYMENT CONTRACT WITH THE CITY OF SAN RAFAEL - FILE 140
RESOLUTION NO. 73-8 - RESOLUTION AMENDING REPAYMENT CONTRACT DATED OCTOBER 8, 1973, BY AND BETWEEN
THE AGENCY AND CITY OF SAN RAFAEL.
AYES: MEMBERS: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: MEMBERS: None
ABSENT: MEMBERS: None
The San Rafael Redevelopment Agency adjourned and reconvened to act as the City Council.
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
Mayor Bettini reopened the public hearing which had been continued from the City Council meeting of
November 19, 1973•
The Council, following City Enginee Caillouette's recommendation for approval of "Plan B," took the
following actions:
RESOLUTION NO. 4613 - RESOLUTION OF INTENTION TO MAKE CHANGES IN THE COST OF THE WORK AND
ASSESSMENTS TO BE LEVIED IN MOORING ROAD SEWER ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
11
RESOLUTION NO. 4614 - RESOLUTION REJECTING CONSTRUCTION BIDS AND CALLING FOR NEW BIDS, MOORING
ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE
OF CALIFORNIA. (Bid Opening January 3, 1974, 10:00 A.M.)
_m AYES: COUNCILMAN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4615 - RESOLUTION CONTINUING HEARING IN CONNECTION WITH MOORING ROAD SEWER
ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALI-
FORNIA (to January 21, 1974, 8:00 P.M.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
r.� NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
NOTICE INVITING SEALED BIDS WAS FILED.
RE: ZONING TEXT AMENDMENT (Z73-10) TO TITLE 14 PERTAINING TO MULTIPLE OCCUPANCY FOR SINGLE FAMILY
RESIDENTIAL UNITS - FILE 10-3
Mayor Bettini reopened the public hearing, continued from previous meetings.
Councilman Miskimen reported that his meetings with attorneys and other interested persons revealed
they were unanimously in favor of the adoption of the four ordinances discussed at the previous meet-.
ing rather than the use permit procedure.
Dr. Arthur Abl.in, 43 Culloden Park, spoke in favor of limiting residents in relation to number of
bathrooms, rather than bedrooms or square footage, suggesting a ''sloping curve'' relationship between
the number of bathrooms and individuals.
Mr. Robert Sweig, Attorney for the residents of 16 Culloden Park, commented on the representative
form of government displayed in the public hearings connected with this item which he felt is in-
dicative that we have a pretty good system in this country.
Councilman Mulryan restated his motion, tabled at the previous meeting, to accept the staff recommenda-
tion that the three ordinances be adopted and direct the staff to draft a proposed ordinance limiting
the number of people per square foot, per bedroom, or per bathroom; second by Councilman Miskimen.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED ORDINANCE PROVIDING FOR INSPECTION OF PROPERTY ON SALE - FILE 9-3-32
Mayor Bettini opened the public hearing.
Verbal and written reports were submitted to the Council by City Manager Bielser and Chief Building In-
spector Coates. City Attorney Robbins explained the enabling legislation for the ordinance.
Mr. Dick Rodriquez, 10 Clark Street, inquired as to the cost of inspection.
Mrs. Cheryl Baker, 322 Bayview Street, expressed concern that persons who recently purchased older
homes would be penalized and required to bring things up to code on resale.
As there was no one else wishing to speak, Mayor Bettini closed the public hearing.
An ordinance of the City of San Rafael adding Chapter 12.36 to Title 12 of the Municipal Code of the
City of San Rafael, requiring delivery of a report of residential building record prior to the sale
or exchange of a residential building, and numbering Charter Ordinance No. 1128, was read, introduced
and ordered passed to print, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4616 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES
FOR THE INSPECTION AND REPORTING OF RESIDENTIAL BUILDING RECORD PRIOR
TO THE SALE OR EXCHANGE OF A RESIDENTIAL BUILDING.
(AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: VILLA REAL UTILITY UNDERGROUND ASSESSMENT DISTRICT - FILE 6-2
There was discussion regarding the cost to the City in assisting property owners in setting up Assess-
ment Districts. Council agreed that future requests should be scrutinized carefully before spending
City funds to assist in setting up Assessment Districts.
Letter of President of Villa Real Property Owners Association, Inc. dated November 10, 1973, to Ely
Caillouette, City Engineer, was filed.
RESOLUTION NO. 4617 - RESOLUTION ABANDONING PROCEEDINGS FOR THE FORMATION OF VILLA REAL UTILITY
UNDERGROUNDING ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, COUNTY OF MARIN,
STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Certificate, certifying adoption of Resolution No. 4617 on December 3, 1973, adoption of Resolution
of Intention No. 4072 on July 19, 1971, and filing of the boundary map in the office of the County
Recorder on July 23, 1971, was filed.
RE: FINAL ADOPTION - ORDINANCE NO. 1126 EXTENDING URGENCY ORDINANCE PROHIBITING CONVERSION OF APART-
MENTS TO CONDOMINIUMS. - FILE 10-2
CHARTER ORDINANCE NO. 1126 - An ordinance of the City of San Rafael extending Urgency Ordinance No.
1120 prohibiting the conversion of existing apartment buildings to condominiums pending the adoption
of a housing element of the San Rafael General Plan and the amendment of the San Rafael Zoning Ordi-
nance, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1127 - DEMOLITION CONTROL ORDINANCE - FILE 9-3-32 x 13-14-2
CHARTER ORDINANCE NO. 1127 - An ordinance of the City of San Rafael amending Chapter 11 of the Muni-
cipal Code of the City of San Rafael by adding thereto Chapter 11.36 entitled demolit1on permits, was
passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: GRANT OF RIGHT-OF-WAY AND INSTALLATION OF ROADWAY, LANDSCAPING AND FRONTAGE IMPROVEMENTS - NORTH -
GATE EAST DEVELOPMENT - FILE 2-2
After hearing City Engineer Caillouette's recommendation for adoption, the Council took the following
action:
RESOLUTION NO. 4618 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed from Northgate East
for street widening along the East side of Civic Center Drive across A.P. No.
155-200-01)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4619 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for completion
of improvement work designated "Phase 1 - frontage improvements - Civic
Center Drive and partial roadway improvements - A.P. No. 155-030-86--
Scettr,i,ni Property --for the Northgate East Development'')
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4620 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for completion
of improvement work designated ''Phase 1 - frontage improvements - Civic
Center -Drive (Frontage Road) adjoining A.P. No. 155-200-01 (Northgate East
Property) for the Northgate East Development'')
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4621 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for completion
of improvement work designated ''Phase 2 - frontage improvements - Civic
Center Drive (Frontage Road) adjoining A.P. No. 155-200-01 (Northgate East
Property) for the Northgate East Development'')
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSNET: COUNCILMEN: None
RESOLUTION NO. 4622 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (for completion
of improvement work designated ''Phase 3 - frontage improvements - Civic
Center Drive (Frontage Road) and portion of landscaping adjoining A.P. No.
155-200-01 (Northgate East Property) for the Northgate East Development'')
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
13
RE: REPORT ON TOWN MEETING RESOLUTIONS - FILE 103
The Council was presented with a written report from City Manager Bielser, outlining the staff res-
ponse to the Resolutions of the San Rafael Town Meeting Association. The City Manager was directed
to incorporate the staff response in a letter to be sent to the Town Meeting Association.
RE: LEGAL DEFENSE FINANCIAL SUPPORT - LT. NASH - FILE 120
City Attorney Robbins presented the County's proposal that, in view of the fact that San Rafael
citizens pay 25 percent of the total assessed valuation, it would be fair for the City to participate
in Lt. Nash's defense by paying $10 per hour toward the total charge of $25 per hour.
(Motion by Councilman Miskimen, second by Councilman Mulryan, to direct the City Attorney to prepare an
+,agreement for participation in Lt. Nash's defense at $10 per hour with a limit of 100 hours, agree-
ment to be renegotiated at the time the 100 hours is used; and to appropriate $1000 from reserve.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPOINTMENT TO LIBRARY BOARD - FILE 9-2-3
Motion by Councilman Miskimen, second by Councilman Nixon, and carried unanimously to accept the re-
signation of Bryce W. Anderson, with regrets.
Council directed that applications be solicited in the usual manner (for a period of 30 days) to fill
the vacancy on the Library Board.
RE: APPOINTMENT TO PLANNING COMMISSION - FILE 9-26
City Manager Bielser reported that Mr. Clifford P. Elbing is the only applicant who has not been pre-
viously interviewed by the Council. An interview with Mr. Elbing was scheduled for 7:30 p.m., Decem-
ber 10, 1973.
RE: APPOINTMENT TO CITIZENS ADVISORY COMMITTEE ON THE SAN RAFAEL CANAL - FILE 9-2-17
This item was continued to 7:45 p.m., December 10, 1973.
r"" IRE: APPOINTMENT TO MOSQUITO ABATEMENT DISTRICT BOARD - FILE 9-2-9
Council directed that application be solicited for a period of 30 days to fill the term of Mr. Paul
Pietro which expires December 31, 1973•
RE: 1974 PARKS AND RECREATION BOND ISSUE - FILE 9-3-66
Parks and Recreation Director Snyder referred to Marin County Department of Parks and Recreation
letter of October 11, 1973 pertaining to the State Park Bond Issue of 1974. He reported that the San
Rafael Parks and Recreation Commission supports this bond issue and recommends that the City Council
take supportive action. After Council discussion, the concensus was that this item could appropriately
be scheduled before the Marin Council of Mayors and Councilman for action.
RE: REQUEST OF COUNTY FOR APPOINTMENT OF CITY -COUNTY LIBRARY COMMITTEE - FILE 9-2-19
In accordance with the request from Marin County Library, the City Council considered the following
appointments: Vivian Smith, Raymond Meador, Councilman Nixon, and James Mayer.
Motion by Councilman Mulryan, second by Councilman Miski!men, to submit a panel of the four persons
listed above to serve on a joint City -County Library Committee.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SETTING OF PUBLIC HEARING - REQUEST FROM CATV FOR RATE INCREASE - FILE 9-7
Council considered the above request and set a public hearing on this item for January 7, 1974 at
8:00 P.M.
RE: APPROVAL OF USE PERMIT - SAN QUENTIN DISPOSAL - FILE 10-5
City Planner Hotchner presented a written and verbal report of the Planning Commission action and re-
commended concurrence with the Commission approval.
Mr. Bruce Bernhard represented the applicant, and advised that they are installing a unit with an ap-
proved design.
Motion by Councilman Jensen, second by Councilman Miskimen, to accept the staff recommendation of con-
currence with Planning Commission approval of the use permit.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
14
RE: REPORT ON ARCHITECTURAL CONTRACT - SAN RAFAEL LIBRARY EXPANSION - FILE 4-3-54
City Manager Bielser reported on the status of the contract between the City and Enomoto and Ring for
expansion of the San Rafael Library.
Mr. Andrew James Ring III spoke, representing Enomoto and Ring, and expressed willingness to help the
staff on evaluating a site on a "dollar per hour" basis.
There was no Council action pending study by the newly appointed joint City -County Library Committee.
RE: RESOLUTION SETTING DEMOLITION PERMIT FEES - FILE 9-3-32 x 13-14-2
Motion by Councilman Nixon, second by Councilman Miskimen, that the proposed resolution be amended by
changing the last sentence in the second paragraph to read as follows: "The fees may be waived for
work to be performed under five hundred dollars ($500)," and the amended resolution be adopted.
RESOLUTION NO. 4624 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES FOR
THE ISSUANCE OF DEMOLITION PERMITS. (effective January 2, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO PROJECT AGREEMENT - "East San Rafael Drainage Assessment District No. 1 -
Schedule A, Major Drainage Facilities - FILE 6-22
RESOLUTION NO. 4625 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (East San Rafael
Drainage Assessment District No. 1 - Schedule A, Major Drainage Facilities -
to March 4, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO PROJECT AGREEMENT - "EAst San Rafael Drainage Assessment District No. 1 -
Schedule B, Major Street Improvements - FILE 6-22
RESOLUT10N NO. 4626 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (East San Rafael
Drainage Assessment District No. 1 - Schedule B, Major Street Improvements -
to February 18, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO PROJECT AGREEMENT - Traffic Signal System Installations and Improvements -
Project No. 9412 and 13-73-318 - FILE 4-1-199
RESOLUTION NO. 4627 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT - (Traffic Signal
System Installations and Improvements - Project No. 9412 and 13-73.318, to
January 21, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION ACCEPTING GRANT OF ADDITIONAL RIGHT-OF-WAY - SECOND AND FOURTH STREETS - FILE 2-2
RESOLUTION NO. 4628 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Corporation Grand Deed from
Valley Title Co., dated November 5, 1973 for grant of additional right of way
northerly side of Second Street just Easterly of Fourth Street)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON SAN RAFAEL YACHT HARBOR LANDSCAPING - FILE 2-8-11
The City Council heard a report from City Planner Hotchner that the Yacht Club has not complied with
the conditions of the lease agreement with respect to landscaping.
Motion by Councilman Mulryan, second by Councilman Nixon, to direct the City Attorney to notify the
Yacht Club that the landscaping conditions have not been met and the City will take steps to cancel
the lease agreement if they do not comply with these conditions within thirty days.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FROM PLANNING COMMISSION FOR JOINT MEETING WITH CITY COUNCIL - FILE 9-2-6
The Council set December 10, 1973 at 8:00 p.m. as the date for a joint meeting with the Planning Com-
mission, and directed the City Planner to advise the Commission that a list of items on which policy
direction is requested be submitted to the Council prior to that meeting.
15
RE: CAR POOL MATCH -UP PROGRAM - FILE 106
Mrs. Tina Ferris spoke on behalf of the Sierra Club and asked Council support of its recently es-
tablished Car Pool Match -up Program.
Motion by Councilman Mulryan, second by Councilman Miskimen, to give the project verbal support.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION OF APPRECIATION FOR NORRIS M. RAWLES - FILE 102
RESOLUTION NO. 4629 - RESOLUTION OF APPRECIATION FOR NORRIS M. RAWLES.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC BID - TWO NEW HEAVY DUTY DUMP TRUCKS - FILE 9-3-41
Since no bids were received at the bid opening scheduled for 10:00 A.M., December 3, 1973, the City 1
staff was authorized to purchase two new heavy duty dump trucks on open market with available funds.
RE: INTERVIEW FOR ASSISTANT EXECUTIVE DIRECTOR FOR REDEVELOPMENT - FILE 140
December 21, 1973, 1:30 p.m., was the date and time set to interview for an Assistant Executive
Director.
RE: STATE LEGISLATION - FILE 116
City Planner Hotchner reported on proposed State legislation (AB3, and SB672) removing certain autho-
rity from local jurisdictions. Staff was directed to prepare a report on the status of the bills for
Council.
RE: RESOLUTION DECLARING MAY 20-27, 1974 SAN RAFAEL CENTENNIAL WEEK - FILE 104
RESOLUTION NO. 4630 - RESOLUTION DECLARING MAY 20-27, 1974 TO BE SAN RAFAEL CENTENNIAL WEEK.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EMPLOYMENT CONTRACT - CITY MANAGER - FILE 9-3-11
RESOLUTION NO. 4631 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (City
of San Rafael and William J. Bielser, City Manager - for three years
commencing December 3, 1973)•
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
The Council adjourned and went into Executive Session regarding purchase of property and possible
litigation.
Council reconvened and adjourned to December 10, 1973 at 7:30 p.m.
MARION A. GRADY, City Clens
APPROVED THIS ,7 DAY OF e12�.� 1 9_73.
MAYOR OF THE CITY SAN RAFAEL
16
In Room 201 of the City of San Rafael, 7:30 P.M. Monday, December 10, 1973•
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council met in executive session for review of applications and interview for the Planning Com-
mission vacancy.
RE: INTERVIEW OF PLANNING COMMISSION APPLICANT - FILE 9-2-6
Council interviewed Mr. Clifford P. Elbing, as scheduled at the meeting of December 3, 1973•
RE: REVIEW OF APPLICATIONS FOR SAN RAFAEL CANAL - FILE 9-2-17
Discussion pertaining to the Citizens Advisory Committee members and method of appointment had been
continued from the meeting of December 3, 1973•
Council adjourned to a joint meeting with the Planning Commission.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF , 19 �L
MAYOR OF THE CIT F SAN RAFAEL
. ....... . .... . ......... . ... . ... ... ... ............ . .......
In Room 301 of the City of San Rafael, Monday, December 10, 1973, at 8:00 O'Clock F
Joint Meeting with Planning Commission.
(File 9-2-6)
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilmc
Lawrence E. Mulryan, Counci
Jack G. Nixon, Councilman
Albert Boro, Chairman
Benjamin C. Albritton, Comn
Joseph Garbarino, Commissic
Alan M. Kay, Commissioner
M
The City Council convened for a joint session with the Planning Commission and discussed the points
outlined in the Planning Director's memorandum of December 5, 1973. Policies were established and
clarified, as follows:
May 1, 1974 was established as the deadline for forwarding to Council, after completion of all Plann-
ing Commission hearings on the General Plan.
Council agreed with the Commission that its procedure should include thorough study of the Preliminary
General Plan and would require extensive hearings and work sessions.
Council agreed that a public hearing schedule, including topics to be discussed, should be mailed
to all homeowners associations and other groups, to make them aware of the General Plan status and
enable them to have representation at the meetings.
The Planning Commission was authorized to request consultant attendance at meetings, as it deems
necessary, and to instruct staff to approve payment on an hourly basis for such attendance from
funds available for this purpose in the Planning Department budget.
It was pointed out that the City staff presently has authorization to obtain proposals for outside
legal services, and funds for this purpose are included in the 1973-74 budget.
The policy for planning staff representation at Council meetings was clarified; i.e., that the Coun-
cil is to be made aware of what the staff recommendation is and why, when it differs from the Plann-
ing Commission recommendation. The planning staff should also present to Council the Planning Com-
mission recommendation and its reason for that recommendation.
The City Manager was authorized to appeal a Planning Commission decision on an item, should a staff
recommendation which the staff believes is important be disapproved by the Commission. Any member
of the City staff is free to file an appeal on any matter, as a private citizen and taxpayer.
It was agreed that policy directions from the City Council to the Planning Commission should be in
the form of a motion.
It was agreed that all ordinances pertaining to Planning matters go through the Planning Commission
for recommendation to the City Council, except in emergency matters. Ordinances prepared by other
departments or by the City Attorney at Council direction will be brought back to the City Council,
with the staff recommendation, if applicable, that it be referred to the Planning Commission for a
report before adoption by the City Council. The Planning Director and City Manager were directed
to keep the Commission informed of the status of such items.
The Planning Commission was advised that all Citizens Advisory Committees are established to function
in an advisory capacity and will make presentations through the Planning Commission for recommenda-
tion to the City Council.
In line with established Council policy in making individual staff assignments, a Commissioner shall
obtain approval from the entire Commission before assigning duties to the planning staff; such as-
signments to be made by the Planning Commission Chairman, except any major assignment shall also re-
ceive Council approval.
The City staff will present policy recommendations for all Commissions to the Council in January
1974, and the Planning Commission policy relating to budget and administrative matters will be es-
tablished at that time.
The City Council noted that the Planning Commission is basically a policy making body and encouraged
the Commission to function as a creative organization in initiating new ideas and concepts.
The City Council adjourned and reconvened to act as the San Rafael Redevelopment Agency. (File 140)
Policy regarding the relationship of the Planning Commission to the Redevelopment Agency and the City
Council in connection with matters that are within the boundaries of the Redevelopment Area has not
been worked out and will be clearly established at a later date.
The Redevelopment Agency adjourned.
HELEN McDANIEL, Acting City Clerk
APPROVED THIS; 7 DAY OF KGCQ 19 73
��117Z
MAYOR OF THE CITY gV SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, December 17, 1973, at 8:00 O'Clock P.M.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: PRESENTATION OF COMMEMORATIVE STREET SIGN - FILE 109
The Andersen family was presented with a commemorative street sign of ''Andersen Drive,'' recently named
in honor of former City Manager Dan E. Andersen.
RE: CONSENT CALENDAR
The minutes of the joint meeting of December 10, 1973 were amended as follows:
Add the following sentence to the third paragraph, page 17: ''The Preliminary Plan would also be
furnished to the City Council intact, for comparison with the supplement of changes recommended by the
Planning Commission.''
The following wording shall be added after the last paragraph, page 17:
''The City Council reconvened in Executive Session and reconvened in open session. The following per-
sons were appointed to the San Rafael Canal Citizens Advisory Committee:
''Jon Baker, Thomas P. Boyd, Ben Brinkworth, Aubrey Burns, Stan W. Carlsen, Jack F. Carreiro, Jr., Jack
Craemer, Stanley W. B. de Greeve, Fred F. Enemark, Sharon Fox, James W. Guerin, Pauline J. Haro, A.
Clyde Jones, Larry L. Lack, Bud R. Lowrie, Albert D. Mahood, John G. Moore, Charles R. Nelson, Norris
Rawles, L. E. (Bud) Weisenburg, Barbara Young.''
Motion by Councilman Jensen, second by Councilman Mulryan, and carried unanimously, to approve the re-
commended action of the following consent calendar items, as amended:
Item
Recommended Action
Approval of Minutes: Special Meetings of November 20 and December 3, 1973; Approve.
Regular Meeting of December 3, 1973; and Adjourned Regular Meetings of
December 10, 1973 (as amended)
Claim for Damages - Steven Neil Thomas, Claimant, No. 3-1-79 Deny.
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - V73-16, FRONT YARD VARIANCE FOR CAR-
PORT, 110 WINDSOR AVENUE, ARTHUR M. SESTAK, APPLICANT - FILE 10-4
Mayor Bettini opened the public hearing on this appeal by Finbar O'Driscoll, representing Homeowners
of One -Way Portion of Windsor Avenue.
City Planner Hotchner presented a written and verbal staff report recommending conditional approval
of the variance as granted by the Planning Commission. Council was furnished copies of the report,
Planning Commission minutes approving the variance by a vote of 4-0, the letter of appeal and letters
from property owners opposing the Planning Commission approval, as well as a sketch of the cross sec-
tion through the rear of the garage as proposed by the applicant.
Speakers opposing the variance were Finbar O'Driscoll, 118 Windsor Avenue, the appellant, Ernest Stone,
99 Windsor, George loakimedes, 74 Windsor; and approximately 20 persons in the audience expressed op-
position by a show of hands.
The applicant and owner of subject property, Arthur Sestak, said it was his belief that the proposal
approved by the Planning Commission would have the least impact of the four schemes he had considered.
He asked that the Commission decision be upheld.
After discussion, Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Nixon, that the appeal be upheld and the Planning
Commission approval be overruled.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COUNTRY CLUB ANNEXATION - FILE 5-2-60
Mayor Bettini opened the public hearing on this item.
City Attorney Robbins reported that this is the time and place set for public hearing of protests; a
substantial number of protests have been received which appear to amount to more than 50 percent of
the assessed valuation of the area. He recommended that the public hearing be continued to January
7, 1974, to allow time for the County Assessor to evaluate the percentage of signatures of protest.
Motion by Councilman Mulryan, second by Councilman Jensen, to continue the public hearing on the
Country Club Annexation to January 7, 1974 at 8:00 P.M.
19
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini I
NOES: COUNCILMEN: None j!
ABSENT: COUNCILMEN: None
John Levenson spoke in favor of the annexation and asked if the City might issue a fact sheet or policy
_statement covering certain questions relating to the effect of the annexation on residents within the
area. The Council was amenable to answering specific questions if Mr. Levenson would submit a list
;to the City Manager.
Lester Clark spoke in protest, and raised the question of whether the annexation is dead as of this
date, if it is found that 51 percent protests have been filed.
In answer to a question from the audience, City Attorney Robbins advised that he would research the
annexation laws regarding withdrawal of names from protests.
Donald Manion questioned whether the County has made any response as to verification of protests and
was advised that a meeting has been set for the morning of December 18 for evaluation of protests by
the County in the belief that a neutral third party should make the ruling of the percentage of pro-
tests.
The staff was directed to prepare a rpport outlining the extent of obligation the City has when
people ask to be annexed to the City.
RE: FINAL ADOPTION - CHARTER ORDINANCE NO. 1128, REQUIRING A REPORT OF RESIDENTIAL BUILDING RECORD
PRIOR TO SALE OR EXCHANGE OF A RESIDENTIAL BUIDLING - FILE 9-3-32
CHARTER ORDINANCE NO. 1128 - An ordinance of the City of San Rafael adding Chapter 12.36 to Title 12
of the Municipal Code of the City of San Rafael, requiring delivery of a report of residential build-
ing record prior to the sale or exchange of a residential building, was passed and adopted as an ordi-
nance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BLACK CANYON ANNEXATION - FILE 5-2-62=
(RESOLUTION NO. 4632 - A RESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UNINHABITED
CONTIGUOUS TERRITORY LYING ADJACENT THERETO DESIGNATED AS ''BLACK CANYON.''
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4633 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (from NULOMOND, INC. - 6.16
acres)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4634 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (from NULOMOND, INC. - 6.0
acres)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Magor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPOINTMENT OF PLANNING COMMISSIONER - FILE 9-2-6
Motion by Councilman Nixon, second by Councilman Mulryan, to appoint Donn E. Nissen to the Planning
Commission to fill the term vacated by Mr. Lunding, to expire July, 1
le45
RE: APPOINTMENT OF CITIZENS ADVISORY COMMITTEE FOR OPEN SPACE ACQUISITION - FILE 9-2-16
City Manager Bielser submitted applications from all areas except four, for which none were received.
The call for applications was extended an additional fifteen days, only for these four zones: the
Los Ranchitos/Santa Venetia area; the Canal apartment area; central downtown district; and the area
around San Rafael High School.
The item was then continued until after the Executive Session for selection of two persons from each
of the zones where applications were submitted.
RE: ORDINANCE REPEALING CERTAIN SECTIONS OF CHAPTER 9.20, TITLE 9 OF THE MUNICIPAL CODE, INDUSTRIAL
WASTE ORDINANCE - FILE 13-12
An ordinance of the City of San Rafael repealing Sections 9.20.040; 9.20.050; 9.20.060; 9.20.070;
9.20.080 and 9.20.090 of Chapter 9.20, Title 9 of the Municipal Code of the City of San Rafael, and
numbering Charter Ordinance No. 1129, was read, introduced and ordered passed to print, by the follow-
ing vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
C)0
RE: PROPOSED RECLASSIFICATION OF PATROLMAN TO POLICE INSPECTOR -FILE 7-5 x 9-3-30
Motion by Councilman Mulryan, second by Councilman Jensen, to approve the reclassification of Patrol-
man Bart Stinson to the position of Police Inspector.
!AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PROPOSED REORGANIZATION - GENERAL SERVICES DEPARTMENT - FILE 9-3-81 x 7-3
City Manager Bielser presented a written and verbal report, and recommended and received Council ap-
proval of the proposed reorganization.
RESOLUTION NO. 4635 - RESOLUTION OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 4467
FIXING COMPENSATION FOR MISCELLANEOUS, MANAGEMENT AND CONFIDENTIAL
EMPLOYEES.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEM: None
ABSENT: COUNCILMEN: None
RE: AWARD OF CONTRACT - DEMOLITION OF STRUCTURE, 612 "B" STREET - PROJECT NO. 9170-73.193 - FILE NO.
4-1-209
City Engineer Caillouette reported that the only bid received was -from Grange Debris Box Rentals, Inc.
and below the Engineer's estimate of $5000.
RESOLUTION NO. 4637 - RESOLUTION OF AWARD OF CONTRACT (DEMOLITION OF STRUCTURE, 612 "B" STREET,
PROJECT NO. 9170-73.196 - to GRANGE DEBRIS BOX RENTALS, INC. - $4,999)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MINOR DRAINAGE CORRECTION - VARIOUS LOCATIONS - FILE 12-9
City Engineer Caillouette presented the staff report, recommending approval of eight minor projects and
a joint agreement between the City and the U.S. Geological Survey for rainfall data and sedimentation
studies.
The Council directed the City Manager to represent the City, with Mr. Caillouette representing the
Sanitation District, in requesting participation in the cost of the Geological Survey to be scheduled
on the agenda at the next Sanitation District meeting.
Motion by Councilman Jensen, second by Councilman Nixon, to approve the items included in the staff re-
commendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SETTING DATE FOR SECOND CITY COUNCIL MEETING IN FEBRUARY - FILE 9-1-1
Council set February 19, 1974 as the date for the second City Council meeting in February.
RE: CROSSING GUARDS - FILE 102
Mr. Steven Thomas mentioned that the Crossing Guards, operating under Police Department supervision
rarely are noticed, and pointed out a recent incident on Lincoln Avenue when a chield barely missed
being hit by a car because the Crossing Guard pulled him back to the curb when the car failed to stop.
RE: APPRECIATION AND THANKS - FILE 102
Retiring Public Works Director Norris M. Rawles expressed appreciation and thanks to the Council for
the 20 years he has served the City of San Rafael.
RE: APPOINTMENT OF BOARD OF APPEALS - UNIFORM FIRE CODE - FILE 9-2-20
RESOLUTION NO. 4636 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DESIGNATING THE CITY
COUNCIL AS THE BOARD OF APPEALS UNDER THE UNIFORM FIRE CODE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned to an Executive Session to discuss pending litigation in connection with
the East San Rafael Drainage Assessment District.
Council reconvened in open session and made the following appointments to the Open Space Selection
Committee:
E. Wiliam Bezy, John E. Bryan, James Cottle, Judith T. Donovan, Joan Elizabeth Fox, Robert R. Ganiard,
Martin Gutterling, Louise Kanter, Bruce Leeb, Bruce MacPhail, Ron Marinoff, Norris Rawles, John Shellon-
berger, Jr., Donald H. Wagstaff, Lynne M. Wilson, and Harry K. Winters.
Council adjourned to the next regular meeting, January 7th, 1974 at 8:00 p.m.
MARION A. GRADY, City C1er
Approved this day of 19.
(VII
MAYOR OF THE CIT F SAN RAFAEL
In Room 201 of the City of San Rafael, Friday, December 21, 1973, at 1:30 O'Clock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
(File 140) Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Jack G. Nixon, Councilman
Absent: Lawrence E. Mulryan, Councilman
The San Rafael City Council met in Executive Session to act as a Redevelopment Agency, and interviewed
three applicants for the position of Assistant Executive Director for the Redevelopment Agency.
WILLIAM J. BIELSER, Acting City Clerk
APPROVED THIS DAY OFJ.
MA'10P OF THE CI F SAN RA AEL
2Z
In the Council Chambers of the City of San Rafael, Monday, January 7, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried, to approve the follow-
ing consent calendar items:
Approval of Minutes - Regular Meeting of December 17, 1973; Special Meeting of Approve as mailed.
December 21, 1973•
RE: PUBLIC HEARING - COUNTRY CLUB ANNEXATION - FILE 5-2-60
Mayor Bettini reopened the public hearing which had been continued from the meeting of December 17,
1973•
Assistant to the City Manager Meador reported that a letter dated December 20, 1973 from the Marin
County Assessor states that 57.230 of the total assessed value of the land was registered in protest
of the Annexation, and that under State Law the City is required to terminate the Annexation proceed-
ings
Mrs. Jane Levinsohn, speaking for the Concerned Citizens for Annexation, expressed the concern about
lack of fire and police protection in the Country Club area and cited a court decision (Curtis vs
LAFCO and Los Angeles Board of Supervisors) declaring the majority protest based on assessed valua-
tion unconstitutional because it violated the one man/one vote rule.
Mr. Robert Lee, President of the Country Club Homeowners Association, felt that the majority of voters
living in the area would vote for the Annexation.
Mr. Herb Wilgus spoke in favor of the Annexation, stating that he would like to have the opportunity
to vote on the issue.
Mr. Donald Manion contended that, under State law, the City Council must adopt a resolution terminat-
ing annexation proceedings and, if a private indivedual wishes to debate that Section, he is free, to
do so.
City Attorney Robbins advised that, since the court decision referred to was based on incorporation
rather than annexation, it would not necessarily follow that the same ruling would apply to the sec-
tion covering annexations. He, therefore,recommended that the City Council uphold the majority pro-
test.
Mayor Bettini closed the public hearing.
The City Attorney was directed to present a report as to the validity of majority protest based on
assessed valuation of property in terminating proceedings, in two weeks.
RESOLUTION NO. 4638 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING THAT
A MAJORITY PROTEST HAS BEEN MADE REGARDING THAT ANNEXATION KNOWN AS COUNTRY
CLUB ANNEXATION.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - TELE-VUE SYSTEMS - CABLE TELEVISION RATE INCREASE REQUEST - FILE 9-7-4
Mayor Bettini opened the public hearing. At the written request of Mr. Joseph E. Sheeks, Attorney for
Tele-Vue Systems, Inc., the hearing was continued to January 21, 1974 to allow time to review and
prepare a response to the staff analysis of the rate increase proposal submitted to the City Council.
The public hearing on the rate increase was -continued to February 4, 1974.
A speaker from the audience suggested formation of a citizens advisory committee to investigate pas-
sible public access to Cable Television.
RE: FINAL ADOPTION - ORDINANCE NO. 1129 - REPEALING CERTAIN SECTIONS OF CHAPTER 9.20 OF THE MUNICIPAL
CODE - INDUSTRIAL WASTE ORDINANCE - FILE 13-12
CHARTER ORDINANCE NO. 1129 - An ordinance of the City of San Rafael repealing Sections 9.20.040,
9.20.050; 9.20.060; 9.20.070; 9.20.080; and 9.20.090 of Chapter 9.20, Title 9. of the Municipal Code
of the City of San Rafael, was passed an adopted as an ordinance of the City of San Rafael by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
23
RE: REPORT ON SB 716 - FILE 116
City Attorney Robbins presented a report as directed by Council at the meeting of November 19, 1973.
He advised that the filing of disclosure statements does not become effective until April 1, 1974 and
information will be provided prior to that date. A proposed ordinance relating to conflict of in-
terest will be scheduled for the meeting of January 21, 1974 for Council approval, as recommended
by the League of California Cities.
RE: PROGRESS REPORT ON SAN RAFAEL YACHT HARBOR LANDSCAPING - FILE 2-8-11
After a staff report by City Attorney Robbins and City Planner Hotchner that not all conditions of the
lease agreement have been met, the City Attorney was directed to write a more aggressive letter to
the San Rafael Yacht Club which might steer them to some action.
RE: RESIGNATION OF PLANNING COMMISSIONER - FILE 9-2-6
Motion by Councilman Jensen, second by Councilman Miskimen, to accept the resignation of Joseph J.
Garbarino and adopt Resolution No. 4639.
RESOLUTION NO. 4639 - RESOLUTION OF APPRECIATION FOR JOSEPH J. GARBARINO.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPOINTMENTS TO BOARDS AND COMMISSIONS - FILE 9-2-6 x 9-2-3 x 9-2-9 x 140
Motion by Councilman Nixon, second by Councilman Jensen, to waive the policy of a 30 day period for
accepting applications to fill the vacancy on the Planning Commission and call for applications for
a ten day period with interviews to be scheduled at 7:30 p.m., January 21, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Mulryan, to extend the application period for posi-
tions on the Library Board, Redevelopment Advisory Committee and Mosquito Abatement Board to January
21, 1974, and schedule interviews on January 28, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION - COUNTY FIRE PROTECTION TAX - FILE 9-12
RESOLUTION NO. 4640 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PETITIONING THE
BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO EXCLUDE TERRITORY WITHIN
THE BOUNDARIES OF SAID CITY FROM COUNTY FIRE PROTECTION TAX PURSUANT TO
GOVERNMENT CODE SECTION 25643.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AWARD OF BID - 3/4 TON PICKUP TRUCK 4-2-104 x 9-3-81
Motion by Councilman Miskimen, second by Councilman Jensen, to accept the low bid of DeLong Chevrolet
in the amount of $3,720.78.
RESOLUTION NO. 4641 - RESOLUTION AWARDING CONTRACT FOR ONE 3/4 TON PICK UP TRUCK. (to DeLong
Chevrolet)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - PROPERTY ACQUISITION - EQUITABLE DEVELOP-
MENT COMPANY - FILE 6-22
Director of Public Works Caillouette presented a staff report recommending approval of the settlement.
Motion by Councilman Jensen, second by Councilman Mulryan, to accept the staff recommendation to
confirm property acquisition settlement with Equitable Development Company in the amount of $138,600.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF COUNTY GROWTH ORDINANCE - FILE 10-2
After Council discussion of the proposed Marin County Growth Ordinance, including the San Rafael
General Plan schedule, the zoning amendment adopted by Santa Clara County relating to urban develop-
ment in unincorporated areas and actions by other Marin County cities, City Planner Hotchner was
directed to attend the meeting of the Marin Council of Mayors and Councilmaen on January 30, 1974
U4
when this item is on the agenda. The item was then continued two weeks for further discussion.
RE: COMMUNICATION FROM COUNTY HOUSING AUTHORITY AND COUNTY PLANNING DIRECTOR REGARDING SURPLUS PROP-
ERTY - FILE 13-16
City Manager Bielser presented Council with a written and verbal report regarding the request for a
list of potential excess land that might be used for low and moderate cost housing. Council was also
presented with a copy of the City's real property inventory.
Motion by Councilman Nixon, second by Councilman Jensen, to adopt the City Manager's recommendation
and determine that it is not now possible to identify those lands which are potentially surplus and
available for low and moderate cost housing.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM CAPITAL PLANNING ASSOCIATES - FILE 10-2
City Planner Hotchner presented a written and verbal report on the request for consideration by the
Council to exempt the conversion of 60 existing apartments into 15 four-plex condominiums. The ap-
plication was considered by Council when the moratorium ordinance was adopted.
Mr. Philip Abend, representing the applicant, asked for favorable consideration of the request on the
basis that converting from one ownership to 15 ownerships was not the same as converting to individual-
ly -owned condominiums.
City Attorney Robbins advised that the Council is legally bound to follow the ordinance, and the re-
quest was denied.
RE: AGREEMENT FOR CONSENT TO COMMON USE WITH P.G.E. - FILE 5-1-211
RESOLUTION NO. 4642 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Pacific
Gas and Electric Company for "Consent to Common Use" covering existing
tower line easement across Bellam Blvd. within the Bahia de Rafael Unit 2
Subdivision)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: GRANT OF STREET RIGHT-OF-WAY IN FEE - FILE 2-2 x 5-1-217
RESOLUTION NO. 4643 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant deed dated December
12, 1973 for portion of Marin Center Drive, within the "Sessions Rise" con-
dominium development)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER - FILE 2-3
RESOLUTION NO. 4644 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT (10 Foot Wide sanitary sewer
easement to sewer the "Carreras Land Division," a three lot subdivision
between Glenaire Drive and Irwin Street)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - "GOLDEN GATE INDUSTRIAL PARK" - FILE 5-1-213
RESOLUTION NO. 4645 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Golden
Development & Management, Inc. to March 4, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON RECREATION CENTER ARCHITECTURAL PROPOSALS - FILE 4-3-57 x 9-3-65
Council set the meeting of January 28, 1974 as the date to select the architect from three proposals
submitted by the Council Subcommittee.
RE: REQUEST FROM CHAIRMAN OF CENTENNIAL BALL COMMITTEE - FILE 104
Motion by Councilman Nixon, second by Counciman Jensen, and unanimously carried, that the City take the
initiative in asking the Marin County Board of Supervisors to waive the fee for the use of the Civic
Center Auditorium for the San Rafael Centennial ball. The City Manager was directed to arrange for
a personal meeting with the Board to present the request.
RE: BEQUESTS TO THE CITY - FILE 105 x 9-3-65
City Manager Bielser informed the Council of a bequest of $10,000 from the late Mrs. Jessie K. Stetson
r__
LJ a
to be used for a City Recreation Center, if construction or purchase of a Center is in process by
December 31, 1975. The San Rafael Police Officers Association also received a bequest of $5,000 from
Mrs. Stetson.
RE: PROPOSED PARK TO BE LOCATED AT KERNER BOULEVARD AND CANAL STREET - FILE 12-5
City Manager Bielser reported that the State Department of Fish and Game has requested that the City
Council adopt a resolution of intention to designate this area for park and open space purposes, as
part of the approval for the fill permit.
RESOLUTION NO. 4646 - RESOLUTION OF INTENTION TO DEDICATE LAND FOR USE AS PARK AND OPEN
SPACE (1.8 Acres at Kerner Boulevard and Canal Street)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ENVIRONMENTAL IMPACT REPORT - MARIN COVENANT CHURCH PROJECT - FILE 19-2 x 4-10-70
City Planner Hotchner reported that, although the applicant has the responsibility for filing an
Encironmental Impact Reprot and pays the fees, the Mayor and City Clerk still must sign the contract
with the consultant. The fee has been paid to the City by the applicant and the consultant is satis-
factory to the Planning Department.
RESOLUTION NO. 4647 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with
Williams and Mocine - EIR for the Marin Covenant Church project)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned in memory of Mae Zappetini, a former member of the Planning Commission.
Adjournment to January 21, 1974 at 7:30 P.M.
MARION A. GRADY, City Clerk
APPROVED THIS �� DAY OF 19 7
MAYOR OF THE CITY SAN RAFAEL
In Room 201 of the City of San Rafael, Monday, January 21, 1974, at 7:30 O'Clock P.M.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council met in Executive Session for interviews for appointment to Planning Commission. FILE 9-2-6
MARION A. GRADY, City Cle
APPROVED THIS _y2L7�rDAY OF CL 'e 19 7 �4.
v `�'L lig` �•l/ Gi �L V
MAYOR OF THE CITY 0 USAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, January 21, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: APPOINTMENT TO PLANNING COMMISSION - FILE 9-2-6
After a report by Mayor Bettini, of interviews conducted during the previous Executive Session, a mo-
tion was made by Councilman Mulryan, seconded by Councilman Jensen and unanimously carried, to appoint
Dorothy Breiner to the Planning Commission filling a vacancy created by the resignation of Joseph
Garbarino. The term will expire July 1, 1974.
The Council recessed to act as the Redevelopment Agency.
Council reconvened.
RE: APPROVAL OF MINUTES - FILE 1-4
Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, that the minutes
of the Regular Meeting of January 7, 1974, be approved as mailed.
RE: PUBLIC HEARING - MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
Mayor Bettini declared the public hearing open. Director of Public Works Caillouette reported that
the amended amount of assessment per parcel is approximately $5,380. Mayor Bettini asked if there
were any protests.
Henry R. Bauman, the owner of property located at 24 Mooring Road, asked what the total costs and the
charge for connection would be. Mr. Edwin Ness, Bond Counsel: for the District, explained that the
total cost could be paid within 30 days of the notice or such costs could be spread over a twenty-
year period.
Mr. Stanley Moore, 42 Mooring Road, asked if the 1915 Act bonds should be used since they are more
economical than the 1911 Act bonds. Mr. Ness replied that the City is responsible for unpaid assess-
ments under the 1915 Act.
There were no protests filed.
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, that the public
hearing be closed.
The following actions were then taken:
Environmental Negative Declaration was filed.
RESOLUTION NO. 4649 - RESOLUTION DIRECTING FILING OF AN AMENDED ENGINEER'S REPORT AND AMENDED
ESTIMATE OF COST IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN
RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Amended Engineer's Report was filed.
Amended Engineer's Estimate of Cost was filed.
RESOLUTION NO. 4650 - RESOLUTION AND ORDER APPROVING AMENDED ENGINEER'S REPORT, ORDERING CON-
STRUCTION OF IMPROVEMENTS AND ACQUISITIONS AND CONFIRMING ASSESSMENT,
MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY,
CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4651 - RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE CITY ENGINEER
OF THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA IN MOORING ROAD SEWER
ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4652 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN
RAFAEL AND THE SAN RAFAEL SANITATION DISTRICT IN CONNECTION WITH MOORING
ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALI-
FORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Non e
07
RESOLUTION NO. 4653 - RESOLUTION OF AWARD OF CONTRACT, MOORING ROAD SEWER ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. (Maggiora & Ghilotti, Inc. -
$55,972)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
' NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Notice of Award of Contract was filed.
RE: REPORT ON COUNTRY CLUB ANNEXATION - FILE 5-2-6o
Pursuant to Council instruction at the meeting of January 7, 1974, City Attorney Robbins reported
the implications of declaratory relief. The City Council then ruled that the City has done all that.
can be done and will proceed no further with the annexation request.
RE: PUBLIC HEARING - PREZONING, COUNTRY CLUB AREA, FROM COUNTY RESIDENTIAL ZONES TO COUNTERPART CITY
RESIDENTIAL ZONES - FILE 10-3 x 5-2-60
g Mayor Bettini declared the public hearing open. City Planner Hotchner presented the Planning Commis-
sion
ommission minutes and the staff recommendation that the Council adopt the Commission recommendation for
prezoning and explained the considerable savings to the City if individual requests for annexation in
this area area are received.
Mr. Donald Manion expressed the opinion that the prezoning is tied to the specific annexation proceed-
ing and would not apply to future annexation requests.
Mrs. Jane Levinsohn favored adoption of the prezoning to counterpart City zones, feeling there will
be more homes individually annexed.
Mr. Bud Lowry requested extension of his use permit, should his property be annexed to the City of
San Rafael, and was advised that the request could not be considered before annexation approval.
Mayor Bettini closed the public hearing.
An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by
Section 14.15.020 of the Municipal Code of San Rafael, California, so as to prezone the Country Club
area to zoning districts which are comparable to existing zoning in the area, and numbering Charter
_ Ordinance No. 1130 was read, introduced and ordered passed to print, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryn, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CABLE ANTENNA TELEVISION LEGAL ISSUES - FILE 9-7-4
This hearing as continued to February 4, 1974 for public hearing on the rate increase request as
well as the legal issues.
RE: PUBLIC HEARING - REZONING (Z73-5) 515 NORTHGATE DRIVE, CORNER OF LOS RANCHITOS ROAD, FROM
R-1-13-1 TO A -P, FAITH LUTHERAN CHURCH - FILE 10-3 x 4-11
Mayor Bett-ini opened the public hearing. City Planner Hotchner presented the staff report and recom-
mendation as well as the Planning Commission recommendation for rezoning by a vote of 5-0. Council
had received copies of the staff report and the minutes of the Planning Commission, proposed ordi-
nance amending the zoning map, and a Covenant Running With the Land which prohibits the use of Lot
B for multiple residential purposes. There were no speakers from the audience.
Mayor Bettini declared the public hearing closed.
An ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by
Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real
property from a R -1-B-1 (Single Family Residential, minimum lot area 7,500 square feet) District to
an A -P (Administrative -Professional) District, and numbering Charter Ordinance No. 1133, was read,
introduced and ordered passed to print, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4654 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Covenant
Running With the Land - Faith Lutheran Church)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (ED73-58) ADDITION OF EIGHT APARTMENT
UNITS TO EXISTING THREE UNITS, 1476 LINCOLN AVENUE - FILE 10-6
Mayor Bettini opened the public hearing on the appeal of Planning Commission denial of ED73-58 by
Raymond J. Ham, representing the property owner.
City Planner Hotchner presented the staff report, recommending denial. Council had received copies
v
of the staff report and the Planning Commission minutes, as well as Planning Commission Resolution
No. '15-73 relating to standards in multiple zones and the letter of appeal. Mr. Hotchner advised that
a slightly modified plan had been submitted by Mr. Ham in the last few days.
Mr. Raymond J. Ham, 329 Riviera, referred to a memorandum signed by the Mayor to the Planning Commis-
sion dated August 18, 1972, regarding the GPC zone, part of which was read for the record. He replied
to the five points in the Planning staff report, stating that, in his opinion, his proposal is ap-
propriate for the site and should not be prejudiced by the condition of Lincoln Avenue.
During the ensuing discussion, it was pointed out that the Commission, due to the absence of the ap-
plicant, did not discuss the project at its meeting.
Motion by Councilman Nixon, second by Councilman Jensen, that this item be referred again to the Plann-
ing Commission for reconsideration, assuming that Mr. Ham will be present to make his presentation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON ARCHITECTURAL PROPOSALS - COMMUNITY RECREATION CENTER - FILE 4-3-57 x 9-3-65
The City Council accepted the Committee recommendation to schedule interviews on January 28, 1974 for
the four applicants selected: Walter T. Brooks, Robert Severin, Harold B. Wagstaff and Crawford and
Banning. It was suggested that a member of the Parks and Recreation Commission attend the interviews.
RE: DISCUSSION OF COUNTY GROWTH ORDINANCE - FILE 10-2
There was further discussion as to the City's policy on this item, which was continued from the last
Council meeting.
Motion by Councilman Nixon, second by Councilman Mulryan, that we adopt the preliminary policy of
agreeing to accept the broad goals of the County -wide Plan on the premise that we, by some means,
retain our responsibility throughout our sphere of influence, and that we are recommending considra-
tion of the Santa Clara Plan.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON GREEN OAKS-FREITAS ANNEXATION FEE - FILE 5-1-208
City Attorney Robbins presented a status report, advising that Mr. Freitas had requested a Council
subcommittee, the City Attorney and the City Manager meet with him regarding this item. In response to
questions of the Council, Mr. Robbins advised that Mr. Freitas has stated he will not concede. Mr.
Robbins suggested the City take legal action to collect the additional amount.
Motion by Councilman Mulryan, second by Councilman Jensen, to authorize the City Attorney to take
legal action necessary to effect settlement.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON STHYMMEL-BOCCONE PROPERTY ACQUISITION - FILE 2-1-44 x 4-10-71 x 13-14-1
The Council received a report from Assistant to the City Manager Meador recommending that the City
Council authorize the Mayor and City Clerk to sign the agreement of sale between the City and Messrs.
Sthymmel and Boccone and the open space contract with Mr. Sthymmel, and adopt an ordinance transferr-
ing to Mr. Boccone two lots owned by the City on Santa Margarita Drive.
Mr. Mike Peregrin, 3 Wintergreen Terrace, requested that a 13 ft. by 26 ft. easement that he had
granted to Mr. Boccone for access to the property released.
Mr. Peregrin's request was referred to staff for further study and a report to the City Council, at
which time a decision will be made.
RESOLUTION NO. 4655 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with
Eugene F. Sthymmel and Alfred E. Boccone and Jessica L. Boccone)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
An ordinance of the City of San Rafael providing for the exchange and purchase of certain real proper-
ties between the City of San Rafael and Alfred E. Boccone and Jessica L. Boccone, and numbering
Charter Ordinance No. 1134, was read, introduced and ordered passed to print, by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
09
RESOLUTION NO. 4656 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with
Eugene F. Sthymmel - Scenic Restriction)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON DUTIES AND RESPONSIBILITIES OF BOARDS AND COMMISSIONS - FILE 9-2
City Manager Bielser and Assistant to the City Manager Meador reported on this item, recommending
adoption of ordinances covering various Boards and Commissions. Commission members speaking to this
item were James H. Mayer, Library Board Chairman; Robert Schoen, Parks & Recreation Commission; John
Govi, Parks & Recreation Commission Chairman; and H. R. ''Rusty'' Ghilotti, Fire Commission Chairman.
Various minor changes to the proposed ordinance were suggested.
Councilman Jensen left the Council Chambers.
After further discussion, the Council took the following action:
Motion by Councilman Mulryan to endorse the report and pass to print the proposed ordinance with the
suggested changes.
An ordinance of the City of San Rafael amending Title 2, Chapters 2.16, Sections 2.16.013 and 2.16.033
setting forth the powers and duties of the Fire Commission, Board of Library Trustees and Parks &
Recreation Commission, and numbering Charter Ordinance No. 1131, was read, introduced and ordered
passed to print by the following vote, towit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
An ordinance of the City of San Rafael amending Title 12, Chapters 12.08, Sections 12.08.030, setting
forth the membership and compensation of the Board of Examiners and Appeals, and numbering Charter
Ordinance No. 1132, was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
RE: PRESENTATION OF PRELIMINARY GENERAL PLAN - FILE 11
Council was presented with copies of the Preliminary General Plan which will be introduced by the
Consultant at a public meeting January 29, 1974.
Councilman Jensen returned to the Council Chambers.
Motion by Councilman Mulryan, second by Councilman Miskimen, that the preliminary General Plan be re-
ferred to the Planning Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council reaffirmed May 1, 1974 as the date for completion of public hearings by the Planning Com-
mission.
RE: PRESENTATION OF PARKS AND RECREATION MASTER PLAN - FILE 115 x 9-3-66
Council was presented with copies of the proposed Parks and Recreation Master Plan prepared by Parks
and Recreation Director Andrew J. Snyder.
Motion by Councilman Nixon, second by Councilman Miskimen, that the Parks and Recreation Master Plan
be referred to the Parks and Recreation Commission for review and return to the City Council in 60
days.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PRESENTATION OF AUDIT FOR FISCAL YEAR 1972-73 - FILE 8-1
Council was presented with the 1972-73 Audit. Treasurer Averett advised that the recommended fixed
asset accounting should be accomplished by June 30, 1974, although some additional temporary help
may be required.
RE: REQUEST FROM TERRA LINDA VALLEY PROPERTY OWNERS ASSOCIATION - FILE 8-26
City Manager Bielser reported on the request for payment of appraisal fees in the amount of $843
(funds available in the open space bond proceeds) and the request for a City representative to join
in the negotiations for acquiring the Oak Hill property as open space. There was discussion regard-
ing reimbursement for staff time.
Motion by Councilman Mulryan, second by Councilman Jensen, to authorize the payment of $843 for
appraisal of the Oak Hill property by The General Appraisal Company.
30
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Mulryan, second by Councilman Jensen, and unanimously carried, to authorize City
Manager Bielser, or his appointee, to act as negotiator in acquiring the property for the Terra Linda
Valley Open Space Assessment District.
RE: DISCUSSION OF SELF-INSURANCE PROGRAM - FILE 9-6-3
Council discussion of a self-insurance plan for Workmen's Compensation liability resulted -in referral
to Minto & Wilkie, the City's insurance carrier, for review and advice.
RE: RENTAL OF EXHIBIT - SMITHSONIAN INSTITUTE - FILE 104
After Council discussion and review of Centennial Celebration plans, a motion was made by Councilman
Nixon and seconded by Councilman Jensen to approve in principle the suggestion that the City rent a
''travelling'' exhibit of photographs of early California architectural styles from the Smithsonian
Institute. The motion carried unanimously.
RE: REPLACEMENT OF VEHICLE RADIOS - FILE 9-3-40
The City Council received a report on, and approved replacement of the tube -type radios with transistor
operated sets on Public Works vehicles as the vehicles are replaced.
RE: APPEAL OF FIRE CODE VIOLATIONS - LINCOLN HOTEL - FILE 3-6
This item was continued to the meeting of February 4, 1974, at the request of the owners of the Lid-
coln Hotel.
RE: REQUEST OF PLANNING COMMISSION REGARDING LANDSCAPING ALONG HIGHWAY INTERCHANGES - FILE 10-2 x
11-16
Following a.brief report and discussion, this item was referred to the staff for investigation and a
recommendation to the Council at the next meeting.
RE: APPROVAL FOR FUNDS - RIP -RAP SLOPE PROTECTION FOR PARK ENTRANCE AT THE SAN RAFAEL CANAL TURNING
BASIN - FILE 12-5
Motion by Councilman Nixon, second by Councilman Mulryan, to approve the request for $3,500 from funds
available in the Parks and Recreation Development Fund.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - FILE 6-22
RESOLUTION NO. 4657 - RESOLUTION REDUCING AMOUNT TO BE WITHHELD FROM CONTRACTOR'S PAYMENT, EAST
SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN
COUNTY, STATE OF CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ACCEPTANCE OF DEED - EQUITABLE DEVELOPMENT COMPANY - FILE 6-22 x 2-2
RESOLUTION NO. 4648 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING DEED
TO REAL PROPERTY (Equitable Development Company and Marin Development Company)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SETTING DATE FOR MID -YEAR FINANCIAL REVIEW AND REPORT - FILE 8-9
The Council set the date of February 11, 1974 for a meeting on this item.
RE: LEGAL DEFENSE FINANCIAL SUPPORT - LT. NASH - FILE 120 x 4-13-34
RESOLUTION NO. 4658 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with The
County of Marin and Ernest W. Nash)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REGULATORY ORDINANCE - NUDE ENCOUNTER ACTIVITIES - FILE 13-8
CHARTER ORDINANCE NO. 1135 - An Urgency Ordinance of the City of San Rafael amending Title 8, Chapter
8.16 by adding thereto Section 8.16.024 and amending Sections 8.16.030 and 8.16.040 regarding encoun-
ter studios, was passed and adopted as an urgency ordinance of the City of San Rafael by the following
31
vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: Mulryan
ABSENT: COUNCILMEN: None
RE: CITIZENS ADVISORY COMMITTEE, SAN RAFAEL CANAL - FILE 9-2-17
Motion by Councilman Nixon, second by Councilman Mulryan, and unanimously carried, to appoint Sister
Aquinas Nimitz to the San Rafael Canal Citizens Advisory Committee to fill an existing vacancy.
RF_: RELEASE - CITY OF SAN RAFAEL VS. PAUL DAVID BUCHHOLZ - File 3-2
RESOLUTION NO. 4659 - A RESOLUTION AUTHORIZING THE SIGNING OF A -LEASE OR AGREEMENT (with
Paul David Buchholz -- Dismissal with Prejudice and Release of all
Claims)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPOINTMENT TO COMMITTEES - FILE 9-2 x 140
Andrea Boggs addressed the Council regarding appointment to various committees, questioning the pre-
judicial implication of the guaranty that Joaquin Gallardo serve on the Redevelopment Committee.
She suggested that all persons applying to membership to that Committee have the same guaranty.
She was advised that membership has been established at nine members.
Council adjourned to January 28, 1974.
MARION A. GRADY, City Clerk
APPROVED THIS QDAY OF ��2000l�c 19 .
MAYOR OF THE CITY OF SAN RAFAEL
32
In Room 201 of the City of San Rafael, Monday, January 28, 1974, at 8:00 O'Clock P.M.
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Absent: Jack G. Nixon, Councilman
RE: COMMUNITY RECREATION CENTER - FILE 4-3-57 x 9-3-65
After hearing presentations from the four architectural firms recommended by the Subcommittee, the
Council met in Executive Session to select an architect for the Community Recreation Center. The
Council then opened the meeting to the public.
Moved by Councilman Jensen, second by Councilman Mulryan, that the firm of Wagstaff and McDonald be
employed subject to negotiation by the City Manager of the fees for services.
RESOLUTION NO. 4661 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Wagstaff and
McDonald)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - FILE 6-22
The Council met in Executive Session to discuss negotiations for property acquisition in East San
Rafael Drainage Assessment District No. 1 with Mr. Edwin N. Ness and Mr. Ron Schenck, attorneys for
the assessment district.
RE: MARIN COUNTY MOSQUITO ABATEMENT DISTRICT - FILE 9-2-9
The Council appointed Norris M. Rawles to the Marin County Mosquito Abatement District Board.
RE: CITIZENS ADVISORY COMMITTEE FOR OPEN SPACE SELECTION - FILE 9-2-16
The following persons were selected to serve on the Citizens Advisory Committee for Open Space Selec-
tions:
Richard A. Blank
David R. Frank
Ronald R. Leach
Robert A. MacPherson
John M. Galbraith, Jr.
RE: PURCHASE OF VEHICLES - FILE 4-2-97
The Council authorized the purchase of twelve 1974 Plymouth Satellite, 4 door sedans for the Police
Department.
RESOLUTION NO. 4660 - RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF
CALIFORNIA TO PURCHASE CERTAIN ITEMS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
Council adjourned.
MARION A. GRADY, City Cle k
APPROVED THIS DAY OF C2 19
�634ey
MAYOR OF THE CITY -OF SAN RAFAEL
�3
34
In the Council Chambers of the City of San Rafael, Monday, February 4, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: CONSENT CALENDAR
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Motion by Councilman Miskimen, second by Councilman Mulryan and carried unanimously, to approve the
recommended action of the consent calendar items as follows:
Item Recommended Action
Approval of Minutes of the Regular Meeting of January 21, 1974 and the Approve as mailed.
Adjourned Regular Meetings of January 21, 1974 and January 28, 1974•
Claim Against the City - Mr. and Mrs. Richard Kirby, 304 Mountain View Deny and refer to In -
Avenue, San Rafael, Claimants - File No. 3-1-89. surance Carrier.
RE: PUBLIC HEARING - CATV RATE INCREASE REQUEST - FILE 9-7-4
Included in the discussion was the staff report recommending the applicant be granted an additional
90 days for further negotiations (to include proposed free access time), information from the City
Attorney that the corporation to whom the franchise was first issued has not changed but that shares
have been transferred, and the suggestion that a citizens advisory committee be established at the
earliest appropriate time.
The Council, at the request of Tele-Vue Systems, continued the public hearing for 90 days.
RE: APPEAL OF PLANNING COMMISSION DECISION (UP73-86, ED73-65) DRIVE UP FILM SALES AND PROCESSING -
2241 FOURTH STREET - FOTOMAT CORPORATION - FILE 10-5
City Planner Hotchner presented the staff report on the appeal by Fotomat of Planning Commission
denial. Council had received copies of the planning staff report recommending denial, Planning Com-
mission minutes, the letter of appeal and a letter from Mr. and Mrs. Harry J. Kupkens opposing the
issuance of the permit.
Mayor Bettini declared the public hearing open.
It was pointed out that the staff had indicated to the property owner the City's interest in acquiring
this parcel for the widening of Fourth Street.
Mr. Carl Stunz represented the applicant and asked for Council approval on the basis that the proposed
use is not inconsistent with surrounding uses and would not create a traffic hazard.
Mr. Fred Nannizzi, owner, said that the public presently uses the lot for parking and felt that the
proposed use would not worsen existing traffic conditions.
Mayor Bettini closed the public hearing.
Discussion disclosed that the Council considers that the present traffic situation is hazardous and
would not be mitigated by the proposed use.
Motion by Councilman Miskimen, second by Council.man Mulryan, that the appeal be denied and the Plann-
ing Commission decision upheld.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - APPEAL OF PALNNING COMMISSION DECISION (UP73-84) MULTIPLE RESIDENTIAL USE -
513-517 "B" STREET - FILE 10-5
Mayor Bettini opened the public hearing on the appeal of Planning Commission approval of a 10 -unit
apartment building. Council was presented with the planning staff report, Planning Commission minutes,
letter of appeal and a letter from Louis and Lena Avedano favoring approval of the project. City Plan-
ner Hotchner presented a verbal staff report conveying the staff recommendation for approval, the
Commission approval and acceptance of the Environmental Impact Negative Declaration.
Mr. Michael Flynn, Appellant, and President of Gerstle Park Neighborhood Association, asked that the
Council reverse the decision of the Planning Commission and deny the appeal. He based his appeal on
the grounds that the proposed development encroaches on Mahon Creek, consists entirely of studio
apartments and does not provide for a socio-economic balance, density is too great, and the use should
not be granted prior to adoption of the new General Plan. He also contended that building in the
vicinity of the creek may be unsafe and the encroachment may be a violation of the public's easement,
citing the case Marks v. Whitney.
City Attorney Robbins advised that the above case dealt basically with tidelands and to some extent
navigable waters, it is not tideland, and would apply only if the creek were navigable at that point.
Mr. Dick Fox, 127 Humboldt Street, questioned whether the project meets City standards insofar as
parking and setbacks and was advised that it is in compliance with zoning requirements in the C-2
35
district. He also expressed concern as to seismic risk and felt there should be no approval prior to
completion of the General Plan.
Mr. Ray Hoffman, representing the owner, displayed the site plan which calls for 50 percent open
space and is geared for working adults and people dependent on public transportation. He said he
had contacted most of the residents in the immediate vicinity and the majority were in favor of ap-
proval. He further stated that the existing building is beyond restoring, the proposed use would ups
grade the area and, in his opinion, would not deviate from the General Plan.
Mr. Dick Rodrigues, 10 Clark Street, stated that his concern was the cumulative effect of continuing
approvals for apartment complexes in urban areas.
After Council discussion and assurance from the Director of Public Works that a soils engineering red
port is a standard requirement in a situation of this type, Mayor Bettini declared the public hearing
closed.
Motion by Councilman Jensen, second by Councilman Miskimen, that the decision of the Planning Commis-
sion be sustained and the appeal denied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-2
Mr. Edwin N. Ness, Assessment District Counsel, reported that it is in order to call for bids for the
construction work and to set public hearings on the formation of the Assessment District and the Le-
vee Maintenance District. He advised that under the specifications bids could be held for a period of
90 days and there is a 40 percent contingency fund on the acquisiton of the properties.
The Council then took the following action:
RESOLUTION NO. 4662 - RESOLUTION AMENDING RESOLUTION OF INTENTION, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
(Substituting 1915 Act Bonds)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Engineer's Estimate of Cost was filed.
Engineer's Report, Plans and Specifications were filed.
Engineer's Statement of Method of Determining Benefit was filed.
RESOLUTION NO. 4663 - RESOLUTION AND ORDER PRELIMINARILY ADOPTING ENGINEER'S REPORT,
SETTING PUBLIC HEARING AND CALLING FOR BIDS AND SETTING PUBLIC
HEARING ON FORMATION OF THE LEVEE MAINTENANCE DISTR!:CT, EAST SAN
RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Notice of Improvement was filed.
Notice inviting Sealed Bids was filed.
RE: COURTHOUSE SQUARE - FINAL LANDSCAPING, SIGNS AND OTHER DETAILS - FILE 124
City Planner Hotchner presented the staff report and the Planning Commission recommendation that the
landscape plan as revised and approved by the City Landscape Architect be approved, the garden walls
be natural rock, and signs be approved subject to conditions listed in the Commission minutes. In
view of the Redevelopment Agency report received after Commission review, he felt no free standing
signs except one identifying the Courthouse Square should be approved.
Mr. Scott Tilden, City Lanscape Architect, indicated his approval of the landscaping as submitted
with the substitution of Canary Island Pines for the three Redwood trees and the addition of a
Magnolia. He further suggested the use of brick rather than natural rock for the garden walls as he
felt it would be more in keeping with the landscaping theme.
Assistant Executive Director Neal, Redevelopment Agency, reported that the Bank of America free stand
ing sign is not consistent with sign standards which will be recommended by the Agency staff for the
downtwon area Redevelopment Project.
Mr. Bill Schuppel, McKeon Construction Co. Architect, and Mr. Walter Perazzo, Continental Service Co.,
representing Bank of America, strongly urged Council approval of the free standing sign. Mr. Perazzo
said they had reduced the amount of signing requested, had entered into the option with the under-
standing they were entitled to one free standing sign and felt it would be unfair to deny the approval
at this stage.
36
The selection of natural rock, concrete with aggregate or brick as the material for the garden walls
was discussed and the applicant endorsed the suggestion that approval be delayed until final determina-
tion of plans for the Redevelopment Project ---approximately six months. Council consensus was that no
free standing signs be allowed in the downtown area, and that additional fascia signs and all other
signs should receive individual approval by the Planning Commission.
Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to continue the
selection of material for the garden walls until the meeting of June 3,1974.
Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to approve the land-
scape plan as recommended.
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that the fascia
pattern of signing be approved as recommended by the Planning Commission and that the staff recommenda-
tion that there be no free standingsigns be approved.
RE: APPEAL OF FIRE CODE VIOLATIONS - LINCOLN HOTEL - FILE 3-6
This item was continued to March 4, 1974 at the request of the building owner.
RE: RESOLUTION REQUESTING STATE DEPARTMENT OF TRANSPORTATION TO PROVIDE LANDSCAPING IN HIGHWAY RIGHT-
OF-WAY IN SAN RAFAEL - FILE 10-2 x 11-16
RESOLUTION NO. 4664 - A RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF CALI-
FORNIA TO LANDSCAPE HIGHWAY 101 IN SAN RAFAEL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Director of Public Works Caillouette reported that the low bid on the joint City -State landscaping
project was badly unbalanced. He received Council approval to reject all bids and call for new bids.
RE: REQUEST BY MICHAEL PEREGRIN TO VACATE EASEMENT - FILE 2-1-44 x 2-12
Assistant to the City Manager Meador presented the staff report recommending that the City retain the
easement across Mr. Peregrin's property obtained by the purchase of land from Mr. Sthymmel and Mr.
Boccone to guarantee access to the open space lands for safety vehicles.
Mr. Michael Peregrin, 3 Wintergreen Terrace, asked that the City release the easement and allow him
the use of his property. He felt emergency access is available through Wintergreen Terrace,
Knocknaboul or Del Ganado.
Motion by Councilman Miskimen, second by Councilman Nixon, that the City utilize the entrance on the
fully paved Wintergreen Terrace by cutting one tree which would provide a 20 foot width for vehicular
entrance.
AYES: COUNCILMEN: Miskimen and Nixon
NOES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini
ABSENT: COUNCILMEN: None
Motion by Councilman Mulryan, second by Councilman Jensen, that the City retain the easement for emer-
gency access only, install a gate across the easement, and adequately indentify the area at the end of
Wintergreen Terrace as pedestrian access to the open space lands.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Miskimen left the Council Chambers.
RE: FINAL ADOPTION - ORDINANCE NO. 1131 - AMENDING TITLE 2, SETTING FORTH THE POWERS AND DUTIES OF
THE FIRE COMMISSION, BOARD OF LIBRARY TRUSTEES AND PARKS AND RECREATION COMMISSION - FILE 9-2
CHARTER ORDINANCE NO. 1131 - Ordinance of the City of San Rafael amending Title 2, Chapter 2.16, Sec-
tion 2.16.013, 2.16.023 and 2.16.033 setting forth the powers and duties of the Fire Commission, Board
of Library Trustees and Parks & Recreation Commission was passed and adopted as an ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1132 - AMENDING TITLE 12, SETTING FORTH THE MEMBERSHIP AND COM-
PENSATION OF THE BOARD OF EXAMINERS AND APPEALS - FILE 9-2-7
CHARTER ORDINANCE NO. 1132 - Ordinance of the City of San Rafael amending Title 12, Chapter 12.08, Sec-
tion 12.08.030 setting forth the membership and compensation of the Board of Examiners and Appeals was
passed and adopted as an ordinance of the City of San Rafael by the following vote, towit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
37
RE: FINAL ADOPTION - ORDINANCE NO. 1133 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, TO RE-
CLASSIFY CERTAIN REAL PROPERTY LOCATED AT 515 NORTHGATE DRIVE - FILE 10-3
CHARTER ORDINANCE NO. 1133 - An ordinance amending the Zoning Map of the City of San Rafael, California,
adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to
reclassify certain real property from a R-1-13-1 (Single Family Residential, Minimum Lot Area 7,500
square feet) district to an A -P (Administrative -Professional) district was passed and adopted as an
ordinance of the City of San Rafael by the following vote, towit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: FINAL ADOPTION - ORDINANCE NO. 1134 - PROVIDING FOR THE EXCHANGE AND PURCHASE OF CERTAIN REAL
PROPERTIES BETWEEN THE CITY OF SAN RAFAEL AND ALFRED E. BOCCONE AND JESSICA L. BOCCONE - FILE
2-1-44 x 2-7 .a- j_)-3�-
CHARTER ORDINANCE NO. 1134 - An ordinance of the City of San Rafael providing for the exchange and
purchase of certain real properties between the City of San Rafael and Alfred E. Boccone and Jessica
L. Boccone was passed and adopted as an ordinance of the City of San Rafael by the following vote,
to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: WAIVER OF BUSINESS LICENSE FEE - MRS. STEFANIE SAJO - FILE 9-10
After a short discussion to the effect that the business license fee should be waived because of
hardsh-p and unusual circumstances, a motion was made by Councilman Mulryan, seconded by Councilman
Nixon, to waive the business license fee for Mrs. Stefanie Sajo, 531 "D" Street, San Rafael.
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
RE: RESOLUTION OF ANNEXATION - OLD LUCAS VALLEY ROAD - FILE 5-2-63
(After presentation of the staff report and discussion, staff was directed to review and advise the
Council regarding costs for maintenance of the creek and the proposed roadway abandonment.
Councilman Miskimen returned to the Council Chambers.
Motion by Councilman Jensen, second by Councilman Nixon, that the Old Lucas Valley Road Annexation be
approved contingent upon a finding by the Planning Commission that it is consistent with the General
Plan.
RESOLUTION NO. 4672 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING ANNEXATION
OF UNINHABITED CONTIGUOUS TERRITORY LYING ADJACENT THERETO DESIGNATED AS THE
"OLD LUCAS VALLEY ANNEXATION."
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
ABSTAIN: COUNCILMEN: Miskimen
RESOLUTION NO. 4673 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL INITIATING PROCEEDINGS
TO DETACH PROPERTY FROM THE MARINWOOD COMMUNITY SERVICES DISTRICT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM MARIN ROD AND GUN CLUB REQUESTING AN OPEN SPACE EASEMENT - FILE 13-14-1
City Manager Bielser presented the staff report recommending that this item be referred to the San
Rafael Planning Commission, Parks and Recreation Commission and Board of Education.
Mr. Roland Hellman, Treasurer of the Marin Rod and Gun Club, referred to his letter of January 21,
1974 stating their decision to adhere to the original offer of scenic restriction (rather than granting
public access to the property) and noted the Assistant City Manager's memorandum to the City Manager
written in May of= 1973 which discussed the benefits of such easements. He asked that the matter be
ro `resolved prior to March 1, 1974 if possible.
After a brief discussion period, Council accepted the staff recommendation of referral and continued
the item for two weeks.
RE: REPORT ON REQUESTED CHARTER AMENDMENTS - FILE 1-1
Council discussion of five potential charter changes resulted in direction to the City Attorney to
prepare a resolution for the next Council meeting authorizing the following charter amendments to be
placed on the June ballot: (1) Changing bid requirements in Section 3.1 of Article XIII from $2500
to $3500 to conform with general law; (2) Changing General Municipal Election dates; and (3) Changing
City Attorney position from elective to appointive.
38
Suggestions that the $1,000 limitation on celebrations be modified and a proposed park dedication pro-
posed park dedication provision were rejected.
RE: AMENDMENT OF RESOLUTIONS OF INTENTION - SPECIAL ASSESSMENT DISTRICTS - FILE 6
City Manager Bielser asked Council authorization for the staff to work with special counsels to amend
the resolutions of intention for special assessment districts (Marin Bay Improvement Districts Nos.
1 and 2, Northgate Industrial Park and East San Rafael Assessment District No. 2) to allow surplus
funds to be used for maintenance and public improvements in each of the districts.
Motion by Councilman Jensen, second by Councilman Mulryan, to approve the staff recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON PROPERTY ACQUISITON, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - FILE 6-22
RESOLUTION NO. 4665 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Right of Way
contract and escrow instructions for land acquisition as set forth in grant
deed dated November 1, 1973, affecting Parcel 17 in the East San Rafael Drain-
age Assessment District No. 1 - Henry J. Ghilotti, Elmo V. Maggiora and Dina
M. Maggiora)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4666 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Right of way
contract, dated November 1, 1973, and escrow instructions for land acquisition
as set forth in grant deed dated November 1, 1973, affecting Parcel 24 in the
East San Rafael Drainage Assessment District No. 1 - Elmo V. Maggiora, Dina M.
Maggiora, Henry Ghilotti and Bonnie Ghilotti)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4667 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (from Henry J. Ghilotti,
Elmo V. Maggiora and Dina M. Maggiora, affecting Parcel 17 in the East San
Rafael Drainage Assessment District No. 1)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTI-ON NO. 4668 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (from Elmo V. Maggiora,
Henry Ghilotti, Bonnie Ghilotti and Dina M. Maggiora, affecting Parcel 24
in the East San Rafael Drainage Assessment District No. 1)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON POSSIBLE ALTERNATIVE SITES OF SAN RAFAEL MAIN LIBRARY - FILE 9-3-61
This item was referred to the Library Board with no further Council action to be taken until completion
of the joint City - County Library Committee review.
RE: APPOINTMENT TO SAN RAFAEL FIRE COMMISSION - FILE 9-2-5
Motion by Councilman Miskimen, second by Councilman Mulryan, that Daniel C. Dufficy be reappointed for
a four year term to expire in March, 1978.
RE: AWARD OF BID FOR BREATHING APPARATUS COMPRESSOR - FILE 4-2-105
RESOLUTION NO. 4674 - RESOLUTION AWARDING CONTRACT FOR BREATHING APPARATUS (To Halprin Supply
Co. - $8,880.38)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
:ABSENT: COUNCILMEN: None
RE: REPORT ON FIRE PROTECTION COSTS - UNINCORPORATED AREAS - FILE 9-3-31 x 13-5
The Council received a report from City Manager Bielser outlining the costs and conditions for provid-
ing fire protection recommended by the City staff and ratified by the Fire Commission.
Motion by Councilman Jensen, second by Councilman Miskimen, to adopt the costs and conditions for pro-
viding full fire protection to the unincorporated areas within the City as outlined in the City Mana-
ger's memorandum dated January 31, 1974 and authorize transmittal of the information to the County
Board of Supervisors.
AYES: COUNCILMEN: Jensen, Miskimen,
!NOES: COUNCILMEN: None Mulryan, Nixon and Mayor Bettini
ABSENT: COUNCILMEN: None
39
RE:� PROPOSED ORDINANCE AMENDING ARTICLE 13 OF THE UNIFORM FIRE CODE, 1971 EDITION, AS ADOPTED, RE-
LATING TO FIRE ALARM AND DETECTION DEVICES AND AUTOMATIC SPRINKLER SYSTEMS - FILE 9-3-31 x 1-6
Fire Chief Marcucci reported that the Fire Commission and City staff recommend approval of the pro-
posed ordinance pertaining to a built-in fire protection. A public hearing is required before final
adoption of codes by reference; therefore it was recommended that the ordinance be passed to print and
a public hearing set for February 19, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION REQUESTING $170,000 IN URBAN THOROUGHFARE FUNDS FOR FISCAL YEAR 1974/75 - FILE 11-15-1
RESOLUTION NO. 4669 - A RESOLUTION REQUESTING ALLOCATION OF FUNDS FROM THE COUNTY ROAD FUND OF THE
COUNTY OF MARIN PURSUANT TO SECTION 2106 ET SEQUITUR OF THE STREETS AND HIGH-
WAYS CODE.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO PROJECT AGREEMENT - BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT -
FILE -2
RESOLUTION NO. 4670 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Silva's Pipeline,
Inc. to April 1, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXTENSION OF TIME TO PROJECT AGREEMENT - CONSTRUCTION OF SANITARY SEWERS, SEA WAY PROJECT NO.
9514-73-165 - FILE -1-202
(RESOLUTION NO. 4671 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Maggiora and
Ghilotti, Inc. to March 4, 1974)
�—~ AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON CITY'S STORM DRAINAGE PROBLEMS AND DEFICIENCIES - FILE 12-
A written report was submitted to the Council by Director of Public Works Caillouette, who advised
that an additional report will be presented at the next budget session.
RE: APPROVAL FOR FUNDS TO TRIM TREES ON GRAND AVENUE - FILE 11-6
otion by Councilman Jensen, second by Councilman Miskimen, to authorize funds from the Public Works
iaintenance budget for the trimming of trees on Grand Avenue between Linden Lane and Belle Avenue.
ork to be done by Holland Tree Service whose bid in the amount of $5,080 was the lowest of the in-
ormal bids received.
YES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
DES: COUNCILMEN: None
BSENT: COUNCILMEN: None
RE: US.S. ARMY CORPS OF ENGINEER'S PUBLIC NOTICE NO. 74-35-79 - FILE 12-1 x 12-10
An informational report of the application for Corps of Engineers' permit for existing riprap and an
existing building structure in the vicinity of the Marin Yacht Club by Fleschman Enterprises, pre-
viously approved by the City Tideland Fill Committee and the Planning Commission, was presented to
Council.
RE: PRELIMINARY GENERAL PLAN STATUS REPORT - FILE 115
City Planner Hotchner outlined the schedule of Planning Commission meetings on the Preliminary General
Plan, the first meeting to be held on February 13, 1974 at 7:30 p.m. Additional meetings will start
at 8:00 p.m.
,RE: MID -YEAR FINANCIAL REVIEW AND REPORT - FILE 8-9
February 11, 1974 meeting date previously set for this item was rescheduled to February 25, 1974.
: REQUEST FOR ADDITIONAL OCCUPANCEY PERMITS - GREEN OAKS SUBDIVISION - FILE 5-1-208
r. Bernard Bialkin, 118 Surrey Lane, representing the Terra Linda Development Company, addressed the
auncil with a request that the Green Oaks Subdivision be allowed an additional 25 occupancy permits
rior to settlement of the pending suit.
tion by Councilman Mulryan, second by Councilman Nixon, that the Council take no action at this time.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST TO PURCHASE OR LEASE TRAILER FOR TEMPORARY OFFICE SPACE - FILE 12-2
City Manager Bielser presented a request from the Centennial Committee that the City Council consider
the purchase of a trailer for use by that Committee for offices as long as needed, and subsequently for
use by the Police Department.
After Council discussion, a motion was made by Councilman Mulryan, seconded by Councilman Miskimen and
unanimously carried, to authorize the staff to acquire a trailer on a lease -option basis to be used for
temporary office space, ideally no longer than the balance of the current year.
Council adjourned to the next regularly scheduled meeting, February 19, 1974•
MARION A. GRADY, City Cle
APPROVED TH IS / g DAY OF 19
14 e''�Iee'r
MAYOR OF THE CITY'OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Tuesday, February 19, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
Present: C. Paul Bettini, Mayor (10:15 p.m.)
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
41
RE: PUBLIC HEARING - APPEAL - GPC73-44, MULTIPLE RESIDENTIAL DEVELOPMENT - 302 BELLE AVENUE, VICTOR
GAVALLOS, OWNER, ERVIN HILLE, REPRESENTATIVE, FILE 10-5
Vice President Miskimen opened the public hearing on the appeal of Planning Commission denial of the
Use Permit to permit subsequent application for resubdivision and multiple use.
City Planner Hotchner presented the staff report on the appeal. The Council had been furnished copies
of the Planning staff report, Planning Commission minutes, the letter of appeal, and a letter from
Joseph F. Segale, 26 Ridge Avenue, opposing the proposed development.
Mr. Ervin Hille, representing the property owner, presented a petition signed by residents and prop-
erty owners favoring approval of the proposed project. He asked that Council consider conditional ap-
proval as recommended by the staff.
Mr. Richard O'Brien spoke for his father-in-law who resides at 235 Belle Avenue and opposed the proposed
development on the grounds that it would increase traffic in an area with existing traffic problems.
He presented a petition signed by 42 area residents opposing the proposed development.
Mrs. Cheryl Baker, owning property at 238 Union Street, also opposed the appeal.
After rebuttal by Mr. Hille reiterating his request that Mr. Gavallos be granted the use of his prop-
erty under the presenting zoning, Vice President Miskimen declared the public hearing closed.
The Council discussed the application in relation to the GPC and R-3 zoning standards and the fact that
the new General Plan is nearing completion.
Motion by Councilman Mulryan, second by Councilman Nixon, that the appeal be denied.
AYES: COUNCILMEN: Mulryan and Nixon
NOES COUNCILMEN: Jensen and Vice President Miskimen
ABSENT: COUNC LIMEN: Mayor Bettini
Vice President Miskimen announced that the motion failed and the Planning Commission decision stands.
RE: PUBLIC HEARING - PROPOSED ORDINANCE RELATING TO FIRE ALARM AND DETECTION DEVICES AND AUTOMATIC
SPRINKLER SYSTEMS - FILE 9-3-31 x 1-6
Vice President Miskimen opened the public hearing.
Fire Chief Marcucci presented a staff report and a slide presentation, explaining the advantages to
the City and to property owners under the proposed ordinance which has been adopted by three cities
in Marin County. He noted the substantial savings to the City in fire fighting personnel requirements
under this ordinance and that the initial costs to the builders would be somewhat offset by reduced
insurance rates on sprinklered buildings.
Mr. David Greenlee, representing the Marin Builders Exchange, stated his opinion that fire sprinkler
systems are not the answer and that the Council should condider alternate solutions such as use per-
mits for occupancy which would give the Fire Department control over existing buildings. He disagreed
with the cost figures presented by the Fire Chief.
Mr. Herman Deitch, Realtor, 2044 Fourth Street, contended that buildings which have sprinkler systems
must have water hazard insurance which may be greater than the savings in fire insurance. He felt
the occupancy should determine the need for a sprinkler system.
Mr. Carl Brown of the Redwood Empire Building Industry Association requested that the City Attorney
review the recent Contra Costa County Superior Court decision relative to a fire sprinkler ordinance
and give his opinion as to whether it would affect the ordinance being proposed in San Rafael.
The Council continued the public hearing to April 1, 1974; directed the City Attorney to report re-
lative to the applicability of the Contra Costa County decision to the proposed ordinance; directed
the City Manager to prepare definitive cost figures relative to insurance rates, projected Fire Depart-
ment growth, and a summary of buildings presently requiring sprinkler ystems; and referred the matter
to the Fire Commission for review and recommendation to the Councllprior to the meeting on April 1,
1974.
Mayor Bettini arrived.
RE: FINAL ADOPTION - ORDINANCE NO. 1130, AMENDING THE ZONING MAP SO AS TO PREZONE THE COUNTRY CLUB
AREA - FILE 10-3 x 5-2-60
CHARTER ORDINANCE NO. 1130 - An ordinance amending the Zoning Map of the City of San Rafael, California,
adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, adopted by
reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to prezone the
Country Club area to zoning districts which are comparable to existing zoning in the area was passed
and adopted as an ordinance of the City of San Rafael by the following vote, to wit:
4�
AYES: COUNCILMEN: Jensen, M-iskimen, Mulryan, Nixon and—Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: APPROVAL OF MINUTES
Motion by Councilman Miskiman, second by Councilman Jensen and unanimously carried, to approve the
Minutes of the Regular and Special Meetings of February 4, 1974, as mailed.
RE: REQUEST FOR SCENIC EASEMENT - MARIN ROD AND GUN CLUB - FILE 13-14-1
Councilman Jensen left the Council Chambers.
City Manager Bielser advised that the Planning Commission and Parks and Recreation Commission have
reviewed the matter and recommend denial. The Board of Education will take this up at its next meet-
ing. The staff also recommended denial.
After a brief discussion, there was a motion by Councilman Mulryan, second by Councilman Miskimen, that
the request be denied.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
Councilman Jensen returned to the Council Chambers.
RE: REPORT ON CHARTER AMENDMENTS - FILE 1-1 x 9-4
RESOLUTION NO. 4675 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROPOSING AMENDMENTS
TO THE CHARTER OF THE CITY OF SAN RAFAEL AND SUBMITTING THE SAME TO THE ELECTORS
OF SAID CITY AND ORDERING THE PUBLICATION THEREOF.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOESS COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Nixon asked that Council reconsider adding a park dedication Charter provision and City
Manager Bielser explained this proposal.
Motion by Councilman Mulryan, second by Councilman Nixon, that the park dedication provision be added
to the Charter amendments to be submitted to the electors.
AYES: COUNCILMEN: Mulryan and Nixon
NOES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: ORDINANCE APPROVING SALE OF COURTHOUSE SQUARE PROPERTY - FILE 124 x 4-10-54
An ordinance of the City of San Rafael providing for the sale and conveyance of public real property
to McKeon Construction, and numbering Charter Ordinance No. 1136, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE REGARDING ABANDONED VEHICLES - FILE 1-5 x 13-9
City Manager Bielser recommended adoption of the proposed ordinance providing for removal of abandoned
vehicles from private property, as recently authorized by the State of California.
An ordinance of the City of San Rafael amending Title 11, Public Works; by adding thereto Chapter 11.38,
providing for the abatement and removal as public nuisances of abandoned, wrecked, dismantled or in-
operative vehicles or parts thereof from private property or public property not including highways,
and recovery of costs of administration thereof as authorized by Section 22660 of the Vehicle Code,
and numbering Charter Ordinance No. 1137, was read, introduced and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION REGARDING BI -CENTENNIAL CELEBRATION - FILE 104
Pursuant to a request from the County of Marin for nominees interested in appointment to an official
Marin County Bicentennial Commission, to be considered by the Board of Supervisors on February 26,
1974, the Council called for applications to be submitted before March 4, 1974 for Council selection.
Staff was directed to correspond with the County asking for a continuance of the February 26 appoint-
ment date.
RE: REVIEW OF PLANS - BOYD HOUSE MUSEUM, RESTORATION - FILE 4-3-56
City Manager Bielser advised that the plans, specifications and cost estimate submitted by Architect
Milton Chambers have been approved gy the Parks & Recreation Commission and the City staff, and re-
commended approval of the plans and specifications and authorization to bid the work.
U
43
Mr. Milton Chambers, Architect, presented a preliminary proposal for the restoration of the Boyd Houde
at a cost estimate below the budgeted amount.
Following a discussion period, motion was made by Councilman Nixon, seconded by Councilman Jensen, to
accept the proposal in principle and grant authorization to bid the work.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AUTHORIZATION TO PURCHASE REMAK PROPERTY - 608 "B" STREET - FILE 2-1-12
City Manager Bielser advised that the purchase price is in line with the appraisal of the property to,
be acquired in connection with the expansion of Albert Park.
Motion by Councilman Jensen, second by Councilman Miskimen, to authorize the Mayor and City Clerk to
execute the appropriate documents and to authorize the existing vacant residence at 608 "B" Street
to be demolished.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4676 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
EXECUTION OF ESCROW INSTRUCTIONS (Remak Property)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4676-A - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING
REAL PROPERTY (Remak Property)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON ENERGY CONSERVATION EFFORTS - FILE 11-4
Director of Public Works Caillouette presented a report on reduction of street lighting on Fourth
Stre-t which will be effective as soon as replacement fixtures are installed and will result in a
monthly savings of approximately $640. He also reported a 10 to 15 percent reduction in lighting
within City facilities and the pruchase of compact automobiles to replace existing vehicles.
RE: CCPC ADVISORY REVIEW BOARD JOINT POWERS AGREEMENT - FILE 4-13-24
City Manager Bielser referred to the letter from the City -County Planning Council asking acceptance
of a revised agreement and recommended referral to the Planning Commission. The staff will clarify
to the CCPC that the City has deferred action on the original agreement.
The item was continued until after February 27, 1974 when the Marin Council of Mayors and Councilmen
will consider the County Growth Control Ordinance.
RE: REQUEST FOR WORK SHOP WITH BOARD OF SUPERVISORS - FILE 10-2
This item was continued to March 4, 1974 pending consideration of the County Growth Control Ordinance
by the Marin Council of Mayors and Councilmen.
RE: REQUEST OF CCPC FOR APPOINTMENT OF SAN RAFAEL REPRESENTATIVES - FILE 10-2
Councilman Nixon was appointed as the City's representative to the City -County Planning Council ad
hoc committee to discuss Santa Clara County's growth control policy.
RE: TRAFFIC COMMITTEE RECOMMENDATION - LAUREL PLACE - FILE 11-14 x 11-8
The Council accepted the staff and Traffic Committee recommendation and set a public hearing on March
4, 1974 at 8:00 P.M.
RE: CONSENT TO COMMON USE AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY - BAHIA DE RAFAEL INDUSTRIAL
PARK ASSESSMENT DISTRICT - FILE 6-24
RESOLUTION NO. 4677 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with PG&E
for "Consent to Common Use" of easements across Kerner Blvd. and Irene
Street)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM BROUGHTON-HORNE, INC. REGARDING ABANDONMENT OF 20 -FOOT EASEMENT - 490 CANAL
STREET - FILE 2-12
Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the staff recommendation and
refer the request to the Planning Commission, Parks and Recreation Commission, Committee on San
All
Rafael Canal, Open Space Selection Committee and City staff for review and recommendation to the Coun-
cil.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ABANDONMENT OF PUBLIC UTILITIES AND ANCHOR EASEMENT - "BELLAM SUBDIVISION NO. 1," CASTRO AVENUE -
FILE 2-12
Motion by Councilman Mulryan, second by Councilman Miskimen, to refer this item to the Planning Com-
mission for review and recommendation.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AUTHORIZATION FOR CITY MANAGER TO SIGN EIR CONTRACTS FOR DEVELOPMENT PROPOSALS - FILE 10-2
RESOLUTION NO. 4678 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE
PAYMENT OF FUNDS FOR ENVIRONMENTAL IMPACT REPORTS INTO TRUST FUND, AND
AUTHORIZING CITY MANAGER TO SIGN CONTRACTS ON BEHALF OF THE CITY FOR
ENVIRONMENTAL IMPACT REPORTS.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
RE: ADOPTION OF STATE RELOCATION GUIDELINES - FILES 13-16
This item was continued for two weeks at the request of staff.
RE: REQUEST - GRAND OPENING AT 718 "B" STREET - FILE 120
A request from Pastor Peter Romanowsky, 56 Elm Street, San Anselmo, to use the area and sidewalk out-
side 718 "B" Street for the Grand Opening and dedication ceremonies for their non-profit thrift store
on March 2, 1974 was referred to the City Manager for investigation and decision.
RE: AGENDA PLACEMENT FOR "PERSONS WISHING TO ADDRESS COUNCIL" - FILE 1-4-2
Discussion pertaining to the time designated for persons to address the Council on matters not on the
agenda resulted in agenda revision to place this item after Old Business and before New Business on
future agenda.
RE: PERMIT FOR POLITICAL SIGNS - GEORGE SILVESTRI - FILE 125
Motion by Councilman Jensen, second by Councilman Mulryan, that a permit be granted to George
Silvestri to post political signs on private property upon payment of $100 deposit.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Mr. Silvestri was advised to present his request for a banner at his headquarters at the time of ap-
plication for a use permit to the Planning Commission. An ordinance authorizing staff approval of
political signs will be presented at the March 4th meeting.
RE: LEAVE OF ABSENCE - MILTON HOLLOWAY - FILE 7-5
Motion by Councilman Jensen, second by Councilman Mulryan, to approve a leave of absence without pay
until May 15, 1974 for Milton Holloway, Fire Department engineer to recuperate from an off-duty in-
jury.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MID -YEAR FINANCIAL REVIEW - MEETING DATE - FILE 9-1 x 8-9
A meeting to review the Mid -Year Financial report was rescheduled from February 25 to March 11, 1974.
Appointment to the Library Board was also scheduled for this meeting.
The City Council adjourned to the next regular meeting of March 4, 1974•
MARION A. GRADY, City Clepk
�G
APPROVED THIS(- DAY OF 19
t�
MAYOR OF THE CITY SAN RAFAEL
t
M
In the Council Chambers of the City of San Rafael, Monday, March 4, 1974, at 8:00 O'Clock P.M.
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
--. John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: APPROVAL OF MINUTES
Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried to approve the
minutes of the Regular Meeting of February 19, 1974 as mailed.
�- :RE: PUBLIC HEARING - LAUREL PLACE - PROPOSED ONE-WAY STREET - FILE 11-14 x 11-8
Mayor Bettini declared the public hearing open on the proposal to make Laurel Place one-way, west and
southbound from Robert Dollar Drive to Mission Avenue as recommended by the Traffic Committee. The
Committee also recommends provision for a two-hour limited parking zone along Laurel Place, 9:00 a.m.
to 6:00 p.m., Mondays through Saturdays. Public Works Director Caillouette presented the staff report
recommending approval of the Traffic Committee recommendations.
Speakers opposing the one-way street proposal for reasons of safety and inconveinence to residents
were Charles Tacchi, 8 Robert Dollar Drive, George Collin$, 331 Laurel Place, Suzzane Ferrandini, 337
Laurel Place, and Lee Baum. It was determined that all persons attending this hearing were opposed
to the one-way street.
Mayor Bettini closed the public hearing.
Following a discussion period, Councilman Jensen moved that the Council adopt the Resolution providing
for two-hour parking, as recommended. Second by Councilman Mulryan.
RESOLUTION NO. 4679 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREA
(Laurel Place - both sides of street from Robert Dollar Drive to Mission
Avenue)
AYES: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
There was no action taken on the one-way street recommendation.
RE: FINAL ADOPTION - CHARTER ORDINANCE NO. 1136, APROVING SALE OF COURTHOUSE SQUARE PROPERTY - FILE
124 x 4-10-54
CHARTER ORDINANCE NO. 1136 - An ordinance of the City of San Rafael providing for the sale and con-
veyance of public real property to McKeon Construction was passed and adopted as an ordinance of the
City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - CHARTER ORDINANCE NO. 1137, REGARDING ABANDONED VEHICLES - FILE 1-5 x 13-9
CHARTER ORDINANCE NO. 1137 - An ordinance of the City of San Rafael amending Title 11, Public Works,
by adding thereto Chapter 11.38, providing for the abatement and removal as public nuisances of
abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from private property or pub-
lic property not including highways, and recovery of costs of administration thereof as authorized by
Section 22660 of the Vehicle Code was passed and adopted as an ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
-- NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST OF McSWEENEY AND SCHUPPEL, ARCHITECTS, REGARDING LANDSCAPING OF COURTHOUSE SQUARE - FILE
1A request for a change in the ac tion date on the Courthouse square garden walls from June to April
was referred to staff for a report to be presented to Council at the meeting of March 18, 1974•
RE: BUILDING CODE VIOLATIONS - LINCOLN HOTEL - FILE 3-6
City Manager Bielser explained that the ordinance designating the Council as the Board of Appeals is
not effective until March 6, 1974 and the item was continued to March 18, 1974•
RE: REPORT ON BICENTENNIAL COMMITTEE APPLICATIONS - FILE 104
ince no applications were received, the item was held over and City Manager Bielser was directed to
Dntact Mrs. Edna Thomas to see if she would be interested in serving on the Committee.
RE: RESOLUTION ADOPTING STATE RELOCATION GUIDELINES - FILE 13-16
RESOLUTION NO. 4680 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING REGULATIONS
AND PROCEDURES IMPLEMENTTING THE RELOCATION ASSISTANCE LAW OF THE STATE OF
CALIFORNIA.
46
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: TRAFFIC SIGNALS AT MIRACLE MILE AND ROSS VALLEY DRIVE - FILE 11-10
Mr. Walter E. Warenski, 18 Ross Valley Drive and Mr. Jack Tilkus, 40 Ross Valley Drive, expressed con-
cern with the traffic hazards existing in the area of Miracle Mile and Ross Valley Drive. They were
advised that plans to correct this situation with activated signals await sufficient funding.
RE: SAFETY HAZARDS RELATED TO GASOLINE CRISIS - FILE 120
Mr. Cliff Elbing, 17 Broadview Court, addressed the Council regarding possible control, particularly
in self-service stations, of gasoline purchases in unsafe containers, smoking at the gasoline pumps,
as well as traffic and other problems. He was assured that both the Fire and Police Departments have
been working on solutions to these problems. The staff was directed to meet with Mr. Robert Moore,
representing independent service stations, to see if there is anything the City can do towards arriv-
ing at a solution.
RE: LETTER FROM MARIN HERITAGE REGARDING DOLLAR ESTATE - FILE 13-14-2
City Manager Bielser presented a staff report of developments relating to the Dollar Estate and asked
the Council's opinion as to whether the ''highest and best use of the land'' is public or a compatible
private use. He advised that the staff analysis is being delayed pending adoption of the General
Plan.
Mr. George Silvestri, Director and Vice President of Marin Heritage, requested that a decision be made as
to the City's intentions on the Dollar Estate and voiced concern for the preservation of the building
when it is vacated by the present owner. He said that the Marin Heritage Board has gone on record in
support of public acquisition for quasi -public use as opposed to private ownership.
Mr. Fred Dekker, President of Marin Heritage, spoke regarding interest of the Marin County Board of
Supervisors in participating towards the purchase of the property to be used for the Historical Society
or other cultural use. He agreed to contact the County as to what extent they may desire to partici-
pate.
Mr. John Bryan asked that the policy pertaining to 50 percent participation by neighborhood groups be
clarified for the Citizens Committee on Open Space.
Council did not make a final decision on the request at this time.
RE: RESIGNATION OF JACK McPHEE FROM PARKS AND RECREATION COMMISSION - FILE 9-2-4
Motion by Councilman Jensen, second by Councilman Miskimen, to accept the resigation of Jack McPhee
with regrets and direct the staff to prepare a Certificate of Appreciation; and call for applications
for a 30 -day period.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Staff was directed to schedule discussion of proposed increase in the Parks and Recreation Commission
on the agenda for the meeting of March 18, 1974.
RE: REQUEST REGARDING GRAND JURY NOMINEES - FILE 120
The Council received a letter from Judge E. Warren McGuire, Presiding Judge of the Superior Court, con-
taining a Grand Jury questionnaire for submitting names of Persons to serve on the Grand Jury.
RE: REQUEST FOR FORMATION OF A CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION - FILE 9-2-21
Discussion regarding the need for a specialized ad hoc committee on table Television in San Rafael re-
sulted in Council determination that such a committee should be established as soon as possible. The
staff was directed to ask that Tele Vue report to the Council at the March 18th meeting regarding
public access time granted to Marin Community Video. Staff was also directed to take a position before
the Board of Supervisors at its meeting of March 5, 1974, conveying the City's intention to form a
Citizens Advisory Committee and its desire not to have Cable Television allot time for San Rafael to
anyone prior to formation of the Committee.
RE: DISCUSSION OF PARAMEDIC PROGRAM - FILE 9 -
The City staff was directed to prepare a report on the feasibility of a Paramedic Trauma Treatment
Program using existing City personnel.
RE: DISCUSSION OF APARTMENT DENSITY AND GENERAL PLAN - FILE 115
The request of Councilman Nixon that some guidelines be established to regulate density and prevent
overcrowding with apartments in multiple -residential districts was referred to the Planning Commission.
RE: RESOLUTION AUTHORIZING PARTICIPATION IN THE MARIN COUNTY CENTRAL INVESTIGATIONS UNIT PROJECT -
FILE 9-3-30
Mayor Bettini left the Council Chambers.
47
After discussion, a motion was made by Councilman Mulryan, second by Councilman Nixon, to adopt the
resolution amended to reflect limits of a period of six months and not to exceed $100 cash expenditures.
RESOLUTION NO. 4681 - RESOLUTION OF THE CITY OF SAN RAFAEL AUTHORIZING PARTICIPATION IN THE
MARIN CENTRAL INVESTIGATIONS UNIT PROJECT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT FOR FIRE LINE EXTENSION WORK ON LOCUST AVENUE -
FILE 4-15 x 9-3-31
RESOLUTION NO. 4682 - RESOLUTION AUTHORIZING THE SINING OF A LEASE OR AGREEMENT (with Marin
Municipal Water )
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Nixon
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
RE: PROPOSED HOUSEBOAT AND MARINA CONTROL ORDINANCES - FILE 144
Three ordinances pertaining to houseboats and marina control submitted for Council review were re-
ferred to the San Rafael Canal Citizens Advisory Committee and to the Fire Commission as recommended
by the City Staff, with reports to be brought back to Council within thirty days.
RE: AMENDMENT TO MUNICIPAL CODE RELATING TO BILL POSTING AND POLITICAL SIGNS AND POLICY DECISIONS
RELATIVE THERETO - FILE 125
Mayor Bettini returned to the Council Chambers.
Following staff reports by City Attorney Robbins and City Planner Hotchner and discussion of Mr.
Hotchner's request for a Council policy as to the degree the regular sign ordinance standards should
apply to political signs, the Council concensus was that this should be left to the discretion of the
Planning Director. Mr. Hotchner then asked if it would be acceptable to establish a set of standards
based on the major provisions of the Sign Ordinance such as the prohibition of roof signs, banners,
billboards, etc to be filed with the City Manager that would be consistent for all of the candidates.
Motion by Councilman Mulryan, second by Councilman Nixon, that the proposed ordinance be passed to
print, and that the guidelines on political signs be left to the discretion of the City staff to make
reasonable adjustments using the overall sign ordinance as a guide.
An ordinance of the City of San Rafael amending Title 8, Chapter 8.12, Sections 8.12.080 and 8.12.090
of the Municipal Code pertaining to posting of signs, and numbering Charter Ordinance No. 1139, was
read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Councilman Jensen and Mulryan left the Council Chambers.
RE: ORDINANCE RECHAPTERING AND RESECTIONING UNIFORM FIRE CODE - FILE 9-3-31
An ordinance of the City of San Rafael transferring the Uniform Fire Code, Chapter 19.10, in its en-
tirety out of Title 19 and placing the same in Title 4, Fire, and rechaptering and resectioning said
Uniform Fire Code, and numbering Charter Ordinance No. 1138, was read, introduced and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: SPECIAL MUNICIPAL ELECTION RE CHARTER CHANGES, JUNE 4, 1974 - FILE 9-4
RESOLUTION NO. 4683 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL CALLING A SPECIAL
MUNICIPAL ELECTION FOR THE PURPOSE OF VOTING ON CERTAIN CHARTER CHANGES.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RESOLUTION NO. 4684 - A RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY BOARD
OF SUPERVISORS TO AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING
THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 4, 1974.
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
RE: RESOLUTION DESIGNATING CITY MANAGER AUTHORIZATION TO DETERMINE DISABILITY OF SAFETY MEMBERS
PURSUANT TO SECTION 21023.6 OF THE GOVERNMENT CODE - FILE 7-4
RESOLUTION NO. 4685 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (Section 21023.6,
Government Code)
AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen and Mulryan
Councilmen Jensen and Mulryan returned to the Council Chambers.
RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Director of Public Works Caillouette reported that, on advice of Mr. Ness, Assessment District attorney,
bids received at 10:00 a.m. today have not been opened. It was Mr. Ness' recommendation that Council
reject and return all bids unopened, since written protests have been received from a majority of the
property owners in the District, as well as written requests that the bids not be opened.
Mr. David Childers, representing the property owners, concurred with the attorney's recommendation.
Motion by Councilman Jensen, second by Councilman Miskimen, to reject all bids and return the unopened
bids.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DATE FOR MID -YEAR FINANCIAL REVIEW AND APPOINTMENT TO LIBRARY BOARD - FILE 9-1
The meeting previously scheduled for March 11, 1974 was postponed and rescheduled for March 25, 1974•
RE: CENTENNIAL CELEBRATION PLANS - FILE 104
The Council had no objection to the Centennial Committee's proposal to place a surrey in the City Hall
lobby and the fire engine outside the City Hall for the Centennial Celebration.
RE: CAMPAIGN EXPENSE REGULATORY ORDINANCE - FILE 9-4-2
Further action on a City ordinance regulating campaign expenses was deferred pending action on SB1693•
,2%c.e��— 4' - ,
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF C�.L �/ 19 �S�•
MAYOR OF THE CITY OF SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, March 18, 1974, at 8:00 OClock P.M. '
Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
APPROVAL OF MINUTES
Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried to approve the
minutes of the Regular Meeting of March 4, 1974 as mailed.
RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29
Mayor Bettini opened the public hearing for the above Assessment District.
Mr. Edwin N. Ness, Counsel for the Assessment District, reported that several protests have been
filed. There have been meetings with the property owners and he recommended continuance of the pub-
lic hearing until the first meeting in June.
RESOLUTION NO. 4686 - RESOLUTION CONTINUING HEARING AND ALL MATTERS, EAST SAN RAFAEL DRAINAGE
ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
(to June 3, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - REZONING, Z73 -16(b), MAP CHANGE AND DETAILED DEVELOPMENT PLAN, 1201 ANDERSEN
DRIVE, KURT KISSMAN, OWNER, FROM GPC -U TO PUD -PCM - FILE 10-3
Mayor Bettini declared the public Tearing open.
City Planner Hotchner presented the staff report recommending conditional approval. The Planning
Commission unanimously approved the proposed development plan in concept and unanimously recommended
approval of the rezoning. A negative declaration was approved by the Commission. Council had re-
ceived copies of the staff report, Planning Commission minutes, location map and site plan.
Mr. Robert Eklund, the owner's representative, felt they are upgrading the area and will provide an
attractive entrance to San Rafael.
Mayor Bettini closed the public hearing.
Motion by Councilman Jensen, second by Councilman Miskimen, tO pass to print an ordinance approving
the rezoning subject to the conditions of the Planning Commission.
An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by
Section 14.15.020 of the Municipal Code of San Rafael, California so as to reclassify certain real
property from a GPC -U (General Plan Conflict -Unclassified) District to a PUD -PCM (Planned Unit De-
velopment -Planned Commercial and Light Industrial) District, and numbering Charter Ordinance No. 1140,
was read, introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - LINCOLN HOTEL, BUILDING CODE VIOLATIONS - FILE 3-6
Mayor Bettini opened the public hearing on the appeal by Dr. Gideon Sorokin. City Attorney Robbins
advised that, under present ordinance, the Council should appoint themselves the Board of Examiners
and Appeals.
Motion by Councilman Miskimen, second by Councilman Mulryan, to appoint the San Rafael City Council
as the Board of Examiners and Appeals on the matter of the Lincoln Hotel.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
City Manager Bielser presented a staff report recommending that existing building code violations be
corrected. Council had been furnished copies of a memorandum from the City Manager, a memorandum
from the Chief Building Inspector listing the existing violations that the owner has refused to cor-
rect, and a letter from Caesari-Sorokin Enterprises.
Dr. Gideon Sorokin, one of the owners of the Lincoln Hotel, referred to two problems --the physical
problem of the 90 -year old building and the inhabitants of the building. He asked that he be allowed
to delay correction of the violations for as long as two to three years on some items. The Council
discussed with the applicant and staff the items listed in the memorandum dated February 26, 1974 to
the City Council from Chief Building Inspector Coates.
Motion by Councilman Mulryan, second by Councilman Jensen, that all fire safety violations be brought.
up to code within 45 days or the hotel is to be vacated. These include Items 1, 2, and 3 under
50
Chapter 13, Uniform Building Code, and Items 6 and 7 under the Housing Code, as listed in Mr. Coates'
memorandum dated February 26, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Jensen, second by Councilman Mulryan, that the attic room referred to in Item
4 under Chapter 13, Uniform Building Code, as listed in Mr. Coates' memorandum of February 26, 1974,
is to be closed off and unoccupied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Mulryan, second by Councilman Jensen, that violations contained in Items 1,2,3,
4,5,8,9 and 10 under the Housing Code as listed in Mr. Coates' memorandum of February 26, 1974, be
brought up to the code requirements, that the time in which these are completed be worked out with the
City staff and, if they are not complied with, that proceedings to vacate the building are hereby
authorized by the Council.
City Attorney advised that the proper procedure would be to allow Dr. Sorokin to come back to the
Council if he does not reach agreement with the staff on any item.
Councilman Mulryan moved to amend his motion to direct the staff to woIrk out the time requirements with
Dr. Sorokin no later than Monday, March 25, 1974, and if there is any disagreement on Dr. Sorokin's
part it can be scheduled on the City Council agenda for the next meeting, April 1, 1974. Councilman
Nixon seconded the amended motion.
The amendment was approved 4v the following roll call vote:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The original motion, as amended, was approved by the following roll call vote:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - CHARTER ORDINANCE NO. 1138, RECHAPTERINGAND RESECTIONING UNIFORM FIRE CODE -
FILE 9-3-31
CHARTER ORDINANCE NO. 1138 - An ordinance of the City of San Rafael transferring the Uniform Fire Code,
Chapter 19.10, in its entirety out of Title 19 and placing the same in Title 4, Fire, and rechaptering
and resectioning said Uniform Fire Code, was passed and adopted as an ordinance of the City of San
Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - CHARTER ORDINANCE NO. 1139, RELATING TO BILL POSTING AND POLITICAL SIGNS - FILE
125
CHARTER ORDINANCE NO. 1139 - An ordinance of the City of San Rafael amending Title 8, Chapter 8.12,
Sections 8.12.080 and 8.12.090 of the Municipal Code pertaining to Posting of Signs, was passed and
adopted as an ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COURTHOUSE SQUARE MATERIALS - FILE 124
The City Council accepted the staff recommendation to continue this item to April 15, 1974.
RE: REPORT ON LOCAL ORIGINATION - CATV - FILE 9-7-4 x 9-2-21
City Manager Bielser advised that a representative of TeleVue Systems was present to report as requested
by the Council.
Mr. Joe Sheeks, representing TeleVue Systems, referred to FCC Regulations and the requirement that
public access be granted on a first-come first-served basis. He said that Marin Community Video had
filed an application on December 14, 1973 and noted tha tthe City of San Rafael could also file an
application for time. He requested that a representative of TeleVue be appointed to the Citizens Ad-
visory Committee.
Discussion revealed the Council position that allotment of time should be given to San Rafael as the
primary subscriber.
Mr. Jerald Pearlman, Project Director for Marin Community Video, and Andrea Boggs, a member of a group
investigating public access through Cable television, addressed the Council on this item.
51
Motion by Councilman Miskimen, second by Councilman Mulryan, that staff be directed to prepare an ap-
plication from the City for up to 20 hours of time and file with TeleVue Systems, Inc.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Miskimen, to solicit applications to a citizens
advisory committee on Cable television and direct staff to prepare a statement of instructions for
said committee, a small committee with one or two non-voting members including one from Cable tele-
vision.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF THE SIZE OF THE PARKS AND RECREATION COMMISSION - FILE 9-2-4
Motion by Councilman Mulryan, second by Councilman Miskimen, to expand the membership of the Parks
and Recreation Commission from five to seven members.
Mr. Bob Schoen of the Parks and Recreation Commission, addressed the Council and referred to the
unanimous recommendation of the Commission that membership remain at five.
The motion carried by the following roll call vote:
AYES: COUNCILMEN: Miskimen, Mulryan and Nixon
NOES: COUNCILMEN: Jensen and Mayor Bettini
ABSENT: COUNCILMEN: None
RE: REQUEST FOR WORKSHOP WITH BOARD OF SUPERVISORS - FILE 10-2
Following a report by Councilman Nixon and a brief discussion, Councilmen Nixon and Mulryan were ap-
pointed as members and Mayor Bettini was appointed as an alternate member to serve on a committee to
meet with a committee from the Marin County Board of Supervisors relative to the County Growth Con-
trol Ordinance.
Councilman Mulryan left the Council Chambers.
RE: RESOLUTION ACCEPTING GRANT DEED FROM MESSRS. STHYMMEL AND BOCCONE - FILE 2-1-44
RESOLUTION NO. 4687 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grand Deed dated March
7, 1974 from Eugene F. Sthymmel, Alfred E. Boccone and Jessica L. Boccone)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
Mr. Edwin N. Ness, Attorney, represented the Assessment District. The Council then took the follow-
ing action:
RESOLUTION NO. 4688 - RESOLUTION APPOINTING COUNTY TREASURER OF THE COUNTY OF MARIN AS PAYING
AGENT FOR BONDS TO BE ISSUED IN MOORING ROAD SEWER ASSESSMENT DISTRICT,
CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4689 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL
NOTICE INVITING BIDS FOR PURCHASE OF BONDS, MOORING ROAD SEWER ASSESS-
MENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RESOLUTION NO. 4690 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN
RAFAEL AND MAGGIORA & GHILOTTI, INC., FOR WORK TO BE DONE AND APPROVING
BONDS IN MOORING ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL,
MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
THE PAID AND UNPAID LIST WAS FILED.
THE OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS WAS FILED.
THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MAGGIORA AND GHILOTTI, INC. WAS FILED.
2
THE FAITHFUL PERFORMANCE BOND, LABOR AND MATERIAL BOND, AND INSURANCE CERTIFICATES WERE FILED.
RE: RESOLUTION AUTHORIZING EXECUTION OF IMPROVEMENT ACT AGREEMENT WITH COUNTY OF MARIN - FILE 6 x
4-13-15
RESOLUTION NO. 4691 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With the
County of Marin - Bond Service Charge, Assessment Districts)
AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mulryan
RE: AWARD OF CONTRACT - INSTALLATION OF TRAFFIC SIGNALS AT ''A" STREET AND FIFTH AVENUE PROJECT NO.
9417-74-322 - FILE 4-1-211
Director of Public Works Caillouette reported on the bids received and recommended award of contract
to Leonard! Electric Construction Co., the low bidder. ($20,446)
Councilman Mulryan returned to the Council Chambers.
RESOLUTION NO. 4692 - RESOLUTION OF AWARD OF CONTRACT (Installation of Traffic Signals at ''A'' Street
and Fifth Avenue to Leonardi Electric Construction Co.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM ALBERT BIANCHI REQUESTING FURTHER HEARING OF AN APPEAL - VICTOR GAVALLOS,
OWNER - GPC 73-44 - FILE 10-5
Mr. John Rosenberg appeared for Mr. Bianchi in requesting that the City Council set for re -hearing
before a full Council the appeal which was denied by a tie vote by four Council members. Discussion
included the existing Council policy that a tie vote is a ''no -action'' vote and the possibility of sett-
ing a precedent if the request for re -hearing were to be granted.
Motion by Councilman Jensen that the City Council grant the request.
The motion died for lack of a second.
Motion by Councilman Mulryan that the request be denied for the policy reasons discussed, second by
Councilman Jensen.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
The Council discussed the need for formalized hearing rules and directed the staff to identify the
major problems involved.
RE: COMMUNICATION FROM MARIN MOTION PICTURE AND TELEVISION COUNCIL - FILE 120
Mrs. Douglas Godfrey, Preident of the Marin Motion Picture and Television Council, requested assistance
from the City Council to prohibit the showing of "R" rated movies in drive-in theatres. The matter
was referred to the staff for a report at the next meeting as to the City's legal position.
RE: RESOLUTION CLARIFYING DISPOSTION OF SURPLUS PROPERTY - FILE 9-3-12
This !tem was continued to the next meeting to allow time for revision of the resolution.
RE: POLICY DECISION REGARDING USE OF CITY COUNCIL CHAMBERS - FILE 9-1
After Council Discussion, a motion was made by Councilman Mulryan, second by Councilman Jensen, that
the use of the City Council Chambers be limited to the City Council and committees, commissions or
citizens' groups that come under jurisdiction of the Council, except on special approval of the Coun-
cil.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF OLD LAUREL PARK - FILE 12-5
The Council accepted the staff recommendation and declined to accept an offer by Mrs. Mary Lou Jacob-
son to dedicate a parcel of property approximately 30 x 50 feet for park purposes because of potential-
ly dangerous erosion problems.
RE: RESOLUTION OF CONTRACT WITH CALIFORNIA HIGHWAY PATROL FOR PAYMENT FROM THE ABANDONED VEHICLE
TRUST FUND - FILE 13-9 x t-1-3� -
RESOLUTION NO. 4693 - CALLING FOR A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED
VEHICLE ABATEMENT PARTICIPATION.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
53
RE: INTERIM RECOMMENDATIONS - CITIZENS ADVISORY COMMITTEE ON SAN RAFAEL CANAL - FILE 9-2-17
Motion by Councilman Mulryan, second by Councilman Jensen, that the interim recommendations outlined
in a letter to the City Council dated February 25, 1974 from the Citizens Advisory Committee Chairman
�. be referred to the City staff, the Open Space Selection Committee and the Citizens Advisory Committee.
on Redevelopment for review and report to Council.
RE: SPECIAL MUNICIPAL ELECTION, JUNE 4, 1974 - CONSOLIDATION WITH STATE ELECTION - FILE 9-4
RESOLUTION NO. 4694 - RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE BOARD OF SUPERVISORS
OF MARIN COUNTY TO PROVIDE FOR THE CONSOLIDATION OF A SPECIAL MUNICIPAL
ELECTION WITH THE STATE OF CALIFORNIA DIRECT PRIMARY ELECTION TO BE HELD
ON JUNE 4, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COST OF LIVING INCREASE - RETIRED EMPLOYEES - FILE 7-9
RESOLUTION NO. 4695 - RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (5i to members retired
January 1 through June 30, 1971)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: TRANSFER OF SANITARY SEWER COLLECTION SYSTEM TO SAN RAFAEL SANITATION DISTRICT - FILE 12-6 x
12-7
Director of Public Works Caillouette presented a verbal report and asked direction from the City Coun-
cil. There was discussion relating to the Las Gal Iinas Sanitary District, appraisal of the sanitary
sewer collection system and outstanding bonded indebtedness. The City staff was directed to review
the situation and report all related facts to the City Council within one month.
RE: APPROVAL OF CONTRACT FOR TITLE SERVICES - FILE 4-3-58
RESOLUTION NO. 4696 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Marin Title
Company -Contract for Title Services)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - REQUEST FOR EXTENSION OF CONTRACT TIME -
FILE 6-2
Council action on this item was continued to the next meeting to considered concurrently with another
request from Silva's Pipeline, Inc. which is scheduled for the meeting of April 1, 1974.
RE: REPORT ON MOSCONE BILL, SB1340 - FILE 9-4-2
City Attorney Robbins reported on SB1340, amending SB716, to become effective January 1, 1974 and the
conflicting opinions of various State and City officials. There is a meeting of the League of Cali-
fornia Cities on this item scheduled for March 19, 1974, results of which will be sent to all cities.
The item was continued to April 1, 1974 when the Council will make a policy determination.
RE: BALLOT ARGUMENTS - SPECIAL MUNICIPAL ELECTION, JUNE 4, 1974 - FILE 9-4
Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried to authorize pre-
paration of ballot arguments at staff level.
RE: SAN RAFAEL-EUREKA RAIL LINK - FILE 116
The City staff was directed to obtain a copy of Measure AJR80, a bill to restore rail passenger ser-
vice from San Rafael to Eureka, and report to the Council at the next meeting.
The City Council adjourned to 7:30 p.m. Monday, March 25, 1974.
MARION A. GRADY, City Cler
APPROVED THIS DAY OF
MAYOR OF THE CITY -OF SAN RAFAEL
1
54
55
In Conference Room 201 of the City Hall of the City of San Rafael at 7:30 O'Clock P.M. March 25,197L
A
Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
The Council met in executive session and took the following action:
Interviewed Mr. William Dresia and Mrs. Elizabeth H. Grasham for the vacancy on the
San Rafael Library Board of Trustees.
Met with the City Attorney and discussed pending litigation.
The Council recessed and reconvened in open session.
RE: APPOINTMENT TO LIBRARY BOARD - FILE 9-2-3
Mrs. Elizabeth H. Grasham was appointed to the Library Board, to fill the vacancy created by the
resignation of Bryce Anderson, for the remainder of the term to expire in April of 1975.
RE: MIDYEAR FINANCIAL REPORT - FILE 8-5
City Treasurer Averett presented a briefing on the mid -year financial status.
The Council adjourned to the next regularly scheduled meeting on April 1, 1974.
MARION A. GRADY, City Clerkd
APPROVED THIS DAY OF *t4
19
MAYOR OF THE CITY SAN RAFAEL
In Conference Room 201 of the City Hall of the City of San Rafael at 7:00 O'Clock P.M. April 1, 1974
Special Meeting
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also present: City Manager William J. Bielser
Assistant to the City Manager Raymond L.Meador
City Clerk Marion A. Grady
The Council met in executive session for discussion of employee labor relations. City Manager Bielser
presented a written report dated April 1, 1974 on the status of salary negotiations. FILE 7-4
MARION A. GRADY, City Cler
APPROVED THIS /6-' DAY OF 19'
MAYOR OF THE CITY OF SAN RAFAEL
56
In the Council Chambers of the City of San Rafael, Monday, April 1, 1974, at 8:00 o'clock p.m. '
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
RE: REPORT ON EXECUTIVE SESSION
Mayor Bettini reported that the Council had met in executive session prior to the regular meeting and
that no actions were taken.
RE: APPROVAL OF MINUTES
Motion by Councilman Jensen, second by Councilman Miskimen, and unanimously carried, to approve the
minutes of the Regular Meeting of March 18, 1974 and the Adjourned Regular Meeting of March 25, 1974,
as mailed to each Council member.
RE: APPEAL TO PLANNING COMMISSION DECISION - SUBDIVISION, 2125 FRANCISCO BOULEVARD, FRED GRANGE, OWNER -
FILE 10-8
The City Council, pursuant to a written request from the applicant's representative, set the 6th day
of May, 1974 at 8:00 p.m. for a public hearing on the appeal.
RE: PUBLIC HEARING - PROPOSED ORDINANCE FOR FIRE DETECTION DEVICES AND AUTOMATIC SPRINKLER SYSTEMS -
FILE 9-3-31 x 1-6
Mayor Bettini reopened the public hearing which had been continued from the meeting of February 19,
1974 and asked for a report from staff.
City Attorney Robbins reported that, pursuant to Council's request, he has furnished them copies of
his written opinion on the Danville Fire Protection District case. He stated that the ordinance pro-
posed for the City of San Rafael does not apply to residential buildings and in his opinion is com-
pletely constitutional.
Fire Chief Marcucci referred to his written report and the memorandum from Fire Commission Chairman
Dufficy containing recommendations of the staff and the Fire Commission that the City Council adopt
the proposed ordinance which would cover new non-residential buildings.
Fire Commission Chairman Dufficy spoke regarding the recommendation of the Commission and said the Com-
mission is concerned with long range costs of the Fire Department.
Mr. Herman Deitch, Realtor, spoke regarding land and building costs.
Discussion included economic and safety factors and revealed the Council's concern that additional re-
quirements might prohibit commercial or industrial development in the City of San Rafael.
The public hearing was continued to May 6, 1974 and staff was directed to: (1) Furnish a comparative
analysis of the costs of building industrial and commercial buildings in the City of San Rafael and the
costs in various industrial parks in contiguous and northerly areas, and (2) Furnish a comparative list
of our requirements in the area of industrial and commercial buildings that are different from those of
other adjacent jurisdictions and, possibly, any requirements of those jurisdictions that we don't re-
quire.
e-
quire.
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
City Manager Bielser reported that no bids were received on the bonds for the Assessment District
which were due at 2:00 p.m. this date and Bond Counsel recommends readvertising for bids to be received
at 2:00 p.m. on April 15, 1974•
RESOLUTION NO. 4697 - RESOLUTION DIRECTING READVERTISEMENT FOR BIDS ON BONDS FOR MOORING ROAD
SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - COMMUNICATIONS FROM SILVA'S PIPELINE, INC. -
FILE 6-2
City Manager Bielser reported on the two requests; i.e., a claim for additional compensation by reason
of delays and for an extension of contract time to July 5, 1974.
City Attorney Robbins advised that in his opinion the request for additional compensation is not pro-
perly before the Council, as the dispute is between Silva's Pipeline, Inc. and his subcontractor. The
staff recommendation was that Council not consider this item.
Mr. Baldur A. Gudjohnsen addressed the Council on behalf of Silva's Pipeline, Inc.
The Council took the position that it will take no action on the request for additional compensation.
Director of Public Works Caillouette recommended an extension of contract time to June 3, 1974.
5?
RESOLUTION NO. 4698 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (Silva's Pipeline,
Inc., to June 3, 1974)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CITY ATTORNEY REPORT ON CONFLICT OF INTEREST REPORTING PROCEDURES - FILE 9-4-2
City Attorney Robbins referred to the conflicting views of the Secretary of State and the League of
California Cities as to the reporting procedures. He advised that the State Supreme Court has ac-
cepted the Nevada County case and has stayed requirements of all reporting under the disclosure pro-
visions until the decision on that case. The Council was advised that an ordinance is being pre-
pared which would cover reporting by some members of the City staff.
There was discussion relating to the Council, as well as Department heads, filing disclosure state-
ments at this time, and the legality of requiring employees to file prior to the decision in the
Nevada County case.
Motion by Councilman Nixon, second by Councilman Jensen, that it be the policy of this Council to
file a disclosure statement based on the requirements set forth by the Secretary of State, at this
time.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RECOMMENDED GOALS AND OBJECTIVES OF THE CITIZENS ADVISORY COMMITTEE ON CABLE TELEVISION - FILE
9-2-21
Assistant to the City Manager Meador presented a list of objectives to be considered by the Citizens
Advisory Committee for Cable Television. The Council accepted the recommendation as the goals and
objectives for the Committee.
RE: RESOLUTION ON SURPLUS PROPERTY SALE - FILE 9-3-12
RESOLUTION NO. 4699 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION
NO. 1567, SECTION 9 THEREOF RELATING TO THE SALE OF SURPLUS PROPERTY OF THE
CITY OF SAN RAFAEL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE EXPANDING SIZE OF PARKS AND RECREATION COMMISSION - FILE 9-2-4
An ordinance of the City of San Rafael amending Title 2, Chapter 2.16, Section 2.16.021, Commission
Members, Compensation, and numbering Charter Ordinance No. 1141, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AUTHORIZATION FOR A FEDERAL GRANT FOR POLICE AND FIRE BOAT - FILE 9-3-30 x 9-3-31
Following a staff report by Deputy Police Chief Kelly and discussion by the Council and staff, this
item was continued for two weeks, at which time the staff is to furnish figures covering insurance,
docking and maintenance costs for Council review.
RE: APPOINTMENT OF ADMINISTRATOR FOR DEFERRED COMPENSATION PLAN - FILE 7-4
RESOLUTION NO. 4700 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPOINTING THE
ADMINISTRATOR OF THE CITY AUTHORIZED DEFERRED COMPENSATION PLAN.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM MINTO & WILKIE REGARDING SELF-INSURANCE - FILE 9-6-3
An informational letter from the City's insurance carrier regarding a proposed Workmen's Compensation
self-insurance program was received by the Council and Councilman Mulryan and Mayor Bettini were ap-
pointed to a sub -committee to review the matter and report to the full Council.
RE: REQUEST FOR LATE CLAIM - DUGDALE VS. CITY OF SAN RAFAEL - FILE 3-1
After a report from City Attorney Robbins, a motion was made by Councilman Jensen, second by Council-
man Miskimen, that the request to file a late calim be denied.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
58
RE: VACANCY ON OPEN SPACE SELECTION COMMITTEE - 9-2-16
City Manager Bielser advised that a letter of resignation by Mr. Galbraith has not been accepted and,
since he has returned to San Rafael and requested that it be rescinded, it is appropriate to allow the
resignation to be withdrawn. The Council accepted the staff recommendation that Mr. Galbraith remain
on the committee. Discussion of a request from the Loch Lomond Homeowners Association for representa-
tion on the Open Space Committee and existing vacancies in two other areas resulted in the decision not
to accept applications from persons living outside those areas.
RE: REQUEST FOR JOINT MEETING WITH OPEN SPACE SELECTION COMMITTEE - FILE 9-2-16
Councilman Mulryan suggested that a joint meeting might be helpful to the Committee. Chairman Ganiard
advised that the Committee has developed guidelines and perhaps the Executive Committee could meet
with the Council to review those guidelines. Planning Director Hotchner was authorized to act as
liaison in scheduling a joint meeting and the areas to be discussed.
RE: DISCUSSION OF DELAYED BUSINESS ITEMS - FILE 1-4-1
The Council discussed a list of six pending items furnished by the Staff at Council request. The
Decision on Main Library and Branch Library cannot be made until the joint committee has completed its
review. Definition of the City's role in low and moderate cost housing has been referred to Assistant
Executive Director Neal of the Redevelopment Agency. All that can be done is being done to complete
General Plan hearings by the end of June when the moratorium expires. Decision pertaining to the
Robert Dollar Mansion is pending until Marin Heritage reports on the position of the County of Marin.
The Redevelopment Master Plan consultant selection will be the subject of a meeting on April 8, 1974•
A staff report on the sewer system transfer is being prepared for presentation to Council at the first
meeting in June.
The staff was requested to include all pending items at the end of the agenda in the future.
RE: FACILITIES NAMING POLICY - FILE 11-2 x 12-5 x -2-1-5
The Council received the staff report recommending that the Council name the new park at the east end
of the turning basin on the San Rafael Canal and the existing roadway which leads to the turning
basin. It was also mentioned that the Council might want to establish a policy for the naming of
parks and other public facilities.
Motion by Councilman Nixon, second by Councilman Miskimen, that the new park be named ''Beach Park,''
and that the naming of the roadway leading to the park be referred to the Planning Commission for re-
view.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The decision of the Council was that no policy be established for the naming of facilities.
RE: COMMUNICATION REGARDING SALE OF PROPERTY ON SAN RAFAEL CANAL - FILE 2-7.1-
A letter from Mrs. Tilden indicating that a small piece of land fronting on the San Rafael Canal is
for sale was referred to the Citizens Advisory Committee on the San Rafael Canal and to the Planning
Commission for recommendation.
RE: FEDERAL AID URBAN SYSTEM - PROPOSED FOURTH STREET -MIRACLE MILE PROJECT - FILE 11-15.1
The City Council accepted a report by Director of Public Works Caillouette regarding the new guide-
lines and rules established for the proposed Fourth Street -Miracle Mile project under the Federal Aid
Urban System.
RE: HIGHWAY 101 -LUCAS VALLEY ROAD INTERCHANGE - FILE 11-15
RESOLUTION NO. 4701 - RESOLUTION REQUESTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION TO STUDY
AND DETERMINE WHICH STAGE OF THE ULTIMATE INTERCHANGE DESIGN OF HIGHWAY 101
AND LUCAS VALLEY ROAD SHOULD BE CONSTRUCTED AS SOON AS POSSIBLE, SO AS TO
REDUCE CURRENT TRAFFIC CONGESTION IN THE AREA AND PROVIDE THE MAXIMUM BENEFIT
AT THE EARLIEST POSSIBLE TIME.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION ACCEPTING CONVEYANCE OF TAX DEEDED PROPERTY - FILE 2-6 x 2-15
RESOLUTION NO. 4702 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Deed dated January 28, 1974
from Marin County Tax Collector to City of San Rafael for one Tax -Deeded
Property: Assessor's Parcel No. 178-152-29)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION OF COMMENDATION - RETIRING POLICE LIEUTENANT JAY FLETCHER - FILE 7-5 x 102
RESOLUTION NO. 4703 - RESOLUTION OF APPRECIATION TO JAY H. FLETCHER.
59
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
y
RE: APPOINTMENT TO MARIN AMERICAN REVOLUTION BICENTENNIAL CELEBRATION COMMISSION - FILE 104
Motion by Councilman Miskimen, second by Councilman Nixon, and unanimously carried, to designate
Barbara Young as the nominee to represent the City of San Rafael for appointment to the Marin County
Bicentennial Commission by the Board of Supervisors.
RE: RIGHT -OF -ENTRY ORDINANCE - FIRE DEPARTMENT - FILE 10-3 x 9-3-31
City Attorney Robbins reported that this ordinance has been prepared in compliance with Council direc-
tion resulting from the public hearings pertaining to multiple occupancy of residential buildings
An ordinance of the City of San Rafael amending Title 4, Chapter 4.04 of the Municipal Code entitled
Right of Entry, and numbering Charter Ordinance No. 1142, was read, introduced and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF STATE SUPREME COURT DECISION REGARDING REVIEW OF LOCAL GOVERNMENT DECISIONS - FILE
116
The City staff was directed to contact the League of California Cities and request that they urge the.
California Supreme Court to reconsider its decision that a California court may make its own investi-
gation and overrule the decisions of local government agencies.
RE: REPORT ON GENERAL PLAN OPEN SPACE ELEMENT - FILE 115
City Planner Hotchner reported that the Planning Commission at its meeting held on March 28, 1974
adopted the Conservation and Open Space Elements of the General Plan and recommended Council adoption.
The City Attorney's recommendation that no building permits be granted until Council adoption of the
open space element was included in the report.
Motion by Councilman Mulryan, second by Councilman Miskimen, to set a public hearing for April 15,
1974 to review the Conservation and Open Space Elements of the General Plan; and that the staff con-
tinue to issue building permits.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: JOINT MEETING WITH PLANNING COMMISSION - FILE 9-1 x 9-2-6
Vice -Chairman Starkweather addressed the Council on behalf of the Planning Commission, requesting a
joint meeting for review of the introduction, Chapter 1 and Chapter 11 of the Preliminary General
Plan as revised by the Commission. April 11, 1974 at 8:00 p.m. was the date and time scheduled for
the joint meeting.
RE: NON -AGENDA ITEM
Mr. James Mahoney addressed the Council, commending the Planning Commission for their work on the
General Plan. He also voiced opposition to the policy position of the Council to file disclosure
statements at this time.
RE: JOB SPECIFICATION - CHIEF OF POLICE - FILE 9-3-30 x 7-4
Motion by Councilman Mulryan, second by Councilman Muskimen, to approve the job specification for
Chief of Police as submitted.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: EXHIBIT FOR CENTENNIAL CELEBRATION - FILE 104
Motion by Councilman Mulryan, second by Councilman Miskimen, to authorize an expenditure not to ex-
ceed $50 to Howard Chuche to defray costs of preparing a Centennial exhibit for the City Hall lobby.
RE: SHOWING OF "X" RATED MOVIES AT DRIVE-IN THEATRES - FILE 120
The City Council received a report from City Attorney Robbins of his telephone contact with Mr.
Blumenfeld who had advised that only "sof+-rated 'X' movies" will be shown at San Rafael drive-in
theatres.
RE: RESTORATION OF RAIL SERVICE TO EUREKA - FILE 116
Following a brief discussion, motion was made by Councilman Miskimen, second by Councilman Jensen and
unanimously carried, to endorse Assembly Joint Resolution No. 80 relative to Amtrak Service to the
north coast of California.
0
The City Council adjourned to 8:00 p.m.,April 11, 1974 for a joint meeting with the Planning Commis-
sion.
f
MARION A. GRADY, City CleK ^
APPROVED THIS DAY OF
MAYOR OF THE CITY—OF SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Thursday, April 11, 1974, at 7:30 O'Clock P.M.
Special Meeting:
OPEN SPACE SELECTION COMMITTEE - File 9-2-16
Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Absent: C. Paul Bettini, Mayor
Acting Mayor Miskimen presided at the meeting of the San Rafael City Council with the executive com-
mittee of the Citizens Advisory Committee on Open Space Acquistion to discuss Committee Guidelines.
MARION A. GRADY, City Clerk
APPROVED THIS 1y I't DAY OF 19
MAYOR OF THE CITY O�E AN RAFAEL
In Room 301 of the City of San Rafael, Thursday, April 11, 1974, at 8:00 o'clock p.m.
Adjourned Meeting: Present: John A. Miskimen, Acting Mayor
Fred E. Jensen, Councilman
Lawrence E. Mulryan, Councilman
r^^•- ! Jack G. Nixon, Councilman
Albert J. Boro, Chairman
Benjamin C. Albritton, Commissioner
Dorothy L. Breiner, Commissioner
Alan Kay, Commissioner
Donn E. Nissen, Commissioner
John A. Starkweather, Commissioner
Absent: C. Paul Bettini, Mayor
James Dougan, Commissioner
61
Acting Mayor Miskimen presided at the joint meeting of the San Rafael City..Council and the San Rafael
Planning Commission which was scheduled at the request of the Commission to review General Plan re-
visions.
Prior to the meeting the City Council had received copies of a redraft, by the Planning Commission
and City Staff, of the San Rafael General Plan. The draft was dated March 14, 1974 and contained the
introduction; Chapter 1: Basic Goals, Policies, Procedures and Implementation Programs of the General
Plan; Chapter 11: Conservation and Open Space; Chapter 111: Environmental Hazards; and revised maps
1 through 5.
Chairman Boro distributed the following material which is attached hereto and made a part of the
minutes of this meeting:
1) Schedule of hearings and work sessions on the General Plan through May 14.
2) Commission summary policy statement regarding Preliminary General Plan Chapter 111 (Housing)
with five recommendations and instructions to the consultant which would necessitate further
work on his part.
3) Memorandum dated April 11, 1974 to Mr. Albert Boro regarding the Residential Analysis Pro-
cedure (RAP) and Managed Growth.
4) A preliminary redraft of some portions of the Preliminary General Plan Chapter 111 (Housing) in-
cluding revised housing policies.
r-^•^
He indicated the Commission would like to get a reaction from the Council so that the Commission
I could more effectively set work priorites. Regarding the above items, the following discussion en-
sued:
1) Chairman Boro indicated that the Commission review could not be completed by the May I date
originally set by the Council. The Council indicated that it understood the circumstances and
wished the Commission to proceed as expeditiously as possible in the manner in which it had
been working as per the schedule submitted. Some Councilmen suggested that the Commission con-
centrate more time on defining policy problems and reviewing and developing policy, and less
time on editorial rewording which the consultant should be directed to do.
2) The policy statement was thoroughly discussed from the standpoint of feasibility of accomplish-
ing such an objective as against the necessity of making a positive statement if anything is to
be accomplished. There was informal concensus that clear and positively worded policy state-
ments on housing were necessary but that the reasons for such policy statements (as based on
state law) need also be explained in the General Plan. The Council generally concurred that
the plan should discourage disruptive population growth and that in order to avoid such provi-
sions being adjudged as exclusionary, hence illegal, it is necessary the way current state laws
are written for a positive stance to be taken, including implementation measures relevant to
providing for low and moderate income housing within the overall housing mix.
The Council agreed with the Commission's concern that the population and housing statistics in
the Preliminary General Plan are not specific to the City of San Rafael, the neighborhoods and
to identification of the present housing mix in San Rafael; and that it is reasonable to ask
the consultant to supply this information, that which is listed in Items 1 - 5, and to rewrite
the Chapter as per the Commission's directions.
3) Chairman Boro stated that the memorandum to him on RAP procedures and managed growth, dated
April 11, with one change pretty much reflected the opinion of the Planning Commission. The
change is on page 2, paragraph 3, third sentence. Instead of reading, ''The Commission is de-
finitely against competitive systems for evaluation of residential proposals'' it should read,
''The majority of the Commission did not support competitive...'' A general discussion then took
place covering a variety of points of view. The Commission explained the processing techniques
listed on page 1 and both bodies agreed that processing should take place at more frequent in-
tervals than annually as proposed in the Preliminary General Plan.
With regard to ''managed growth procedures,'' the Council indicated that it is taking the initia
tive, as the largest City in the County, to meet with the Board of Supervisors to work out a
technique that could be used by all of the cities and the County. The common desire is to avoid
''disruptive growth.'' The Council would like the plan to clearly identify or define what con-
stitutes disruptive growth. Various techniques are being explored.
4) The Council and Commission agreed that revised policies 1 - 6 could be accomplished and that
Policy 7 would be difficult to accomplish.
The City Council adjourned to Monday, April 15, 1974 at 8:00 p.m. in the City Hall Council Chambers.
The Planning Commission adjourned to April 16, 1974 at 8:00 p.m. in the Publi Works Conference Room.
MARION A. GRADY, City, erk
APPROVED THIS (c% DAY OF 19
Q
THE CITY OF SAN KAFIVEL
62
In Room 201 of the City Hall of the City of San Rafael, Monday, April 15, 1974, at 7:00 O'Clock
P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: City Manager William J. Bielser
Assistant to the City Manager Raymond L.
Meador
City Attorney Fred Robbins, Jr.
City Clerk Marion A. Grady
The San Rafael City Council met in Executive Session in Room 201 of the San Rafael City Hall at
7:00 p.m. with City Manager Bielser for discussion of salary negotiations.
The Council also discussed an important item of litigation with the City Attorney.
MARION A. GRADY, City Clerk
APPROVED THIS DAY OF C� 19•
MAYOR OF THE CITY Or -SAN RAFAEL
In the Council Chambers of the City of San Rafael, Monday, April 15, 1974, at 8:00 o'clock P.M.
Regular Meeting:
RE: REPORT ON EXECUTIVE SESSION
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
2
City Attorney Robbins reported that the Council had met in executive session prior to the regular
meeting for discussion of salary negotiations. The Council aso discussed an important item of litiga-
tion with the City Attorney.
RE: APPROVAL OF MINUTES
Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the
minutes of the Special and Regular Meetings of April 1, 1974, as mailed to each Council Member.
RE: PUBLIC HEARING - GENERAL PLAN OPEN SPACE AND CONSERVATION ELEMENT - FILE 115
Mayor Bettini declared the public hearing open.
City Planner Hotchner presented a report on the Planning Commission Revision of the Conservation and
Open Space Plan adopted by the Planning Commission Resolution No. 2-74 recommending adoption by the
City Council, copies of which have been furnished to the Council. He outlined changes from the Pre-
liminary Plan which are recommended. City Attorney Robbins advised that if any substantive changes
are made to the Planning Commission Revision it will have to be referred back to the Commission for
a report and recommendation.
The following persons addressed the Council on this item: Mr. Samuel W. Gardiner, Mr. Norman Higby
representing the Home and Business Preservation League, Dr. Stanley Hellman, President of the East
San Rafael Council, Mr. Bruce Bernhart, Mr. Dick Fox, Citizens Advisory Committee on the General Plan.,
Mr. James Mahoney, Mr. Dick Lee and Mr. William Dresia.
The speakers expressed concern regarding the strict residential analysis which some persons believed
will be confiscatory, the matching of funds on a 50/50 basis, the concept of ''clustering'' for residen-
tial development, the cost to the taxpayers for acquisition of open.space, the adoption of the Open
Space and Conservation element prior to consideration of the overall General Plan and the limited
ability for revision.
Mr. Harry Winters presented a recommendation by the Open Space Selection Committee for alternative
working for Item No. 5 under ''Implementation.''
Mayor Bettini closed the public hearing.
The Council concensus was that the ability to amend the Open Space and Conservation Element by action
of the Council at the time the General Plan is completed, simultaneous with its adoption, should be
included in the resolution of adoption.
Council also discussed the need for methods of implementation as well as the various concerns expres-
sed by citizens.
Motion by Councilman Nixon, second by Councilman Mulryan, that this item be referred back to the
Planning Commission for several changes; i.e.,
On page 11-6, paragraph 5 be rewritten to reflect that, while the City will pursue
the area of contributing funds for Assessment Districts, it is not our sole intent
to do this as a means of acquiring open space.
On page 11-6, paragraph 6, the word ''clustering' be reviewed, with the intent of
being more definitive.
Map No. 1 is to include only the existing open space preserves.
Consideration of additional implementation measures; any alternative imple-
mentation measures are to be presented as an optional section to preclude
additional referral to the Planning Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Council recessed at 9:50 p.m. and cake and coffee were served in honor of Councilman Jensen's
74th birthday.
The Council reconvened at 10:10 p.m.
RE: CITIZENS ADVISORY COMMITTEE ON OPEN SPACE ACQUISTION - FILE 9-2-16
There was Council discussion regarding the need for establishment of guidelines for the Citizens Ad-
visory Committee on Open Space Acquisition.
Motion by Councilman Nixon, second by Councilman Mulryan, to adopt the following statement of res-
ponsibility for the open space committee:
o4..
1. The Committee is to develop criteria to be used in determing the order of priority for acquisition.
2. The Committee is to rank all of the open space parcels, in respect to need for acquisition, as
set forth in the proposed open space element.
3. These two tasks must be pursued exclusively and expeditiously.
I
14. The Committee is to provide the Council with its recommendations by July 1, 1974.
,
i
(AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON COURTHOUSE SQUARE MATERIALS - FILE 124
jMr. Ralph Neal, Assistant Executive Director of the Redevelopment Agency, presented the staff recom-
mendation that the Council approve the use of brick (of the same type previously approved for the
walkways) for the wall material.
Motion by Councilman Mulryan, second by Councilman Miskimen, to authorize that the material to be used
on retaining walls be brick as recommended by the staff.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - SALE OF BONDS - FILE 6-28
RESOLUTION NO. 4705 - RESOLUTION AUTHORIZING SALE OF BONDS (Gibralco, Inc.; at 98.22% of the
principal amount, at the rate of 6-1/2% for annum --low bid)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1140, REZONING 1201 Andersen DRIVE - FILE 10-3
CHARTER ORDINANCE NO. 1140 - An ordinance amending the Zoning Map of the City of San Rafael, California,
adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California so as to re-
classify certain real property from GPC -U (General Plan Conflict - Unclassified) district to a PUD -
PCM (Planned Unit Development - Planned Commercial and Light Industrial) District, was adopted as an
ordinance of the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1141, EXPANDING THE SIZE OF THE PARKS AND RECREATION COMMISSION -
FILE 9-2-4
CHARTER ORDINANCE NO. 1141 - An ordinance of the City of San Rafael amending Title 1, Chapter 2.16,
Section 2.16.021, Commission Membership, Compensation, was adopted as an ordinance of the City of San
Rafael by the folloiwng vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1142, RIGHT OF ENTRY, FIRE DEPARTMENT - FILE 10-3 x 9-3-31
CHARTER ORDINANCE NO. 1142 - An ordinance of the City of San Rafael Amending Title 4, Chapter 4.04 of
the Municipal Code entitled Right of Entry, was adopted as an ordinance of the City of San Rafael by
the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON POLICE AND FIRE BOAT GRANT APPLICATION - FILE 9-3-30 x 9-3-31
This item was continued to May 6, 1974, as requested by the City staff.
RE: REPORT ON APPLICATIONS FOR VACANCIES ON PARKS AND RECREATION COMMISSION - FILE 9-2-4
Monday, April 29, 1974 at 7:30 P.M. was scheduled to interview the eight applicants for the three
vacancies on the Parks and Recreation Commission.
RE: ORDINANCE AMENDING PERS CONTRACT - FILE 7-1-24 x 7-9
An ordinance of the City Council of the City of San Rafael authorizing an amendment to the contract
between the City Council of the City of San Rafael and the Board of Administration of the California
Public Employees' Retirement System (5% increase to persons retired between January 1, 1971 and July
1, 1971), and numbering Charter Ordinance No. 1143, was read, introduced and ordered passed to print
65
by the following vote, to wit: -
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AWARD OF CONTRACT - MONT MARIN TURF AREA GRADING - PROJECT NO. 9417-74.322 - FILE 4-1-212
Director of Public Works Caillouette presented the staff recommendation that the contract be awarded
to the low bidder, Bay Cities Paving and Grading, Inc. He advised that a written protest to the ac-
ceptance of the low bid, on the basis that the firm did not have a City business license when the
bid was submitted, has been received. City policy has been to require this license before completion
of a contract and Bay Cities Paving and Grading has taken out a license.
Mr. Ray Piombo of Piombo General Engineering Contractors, who had filed the protest through Attorneys
Hawkins & Hawkins, asked that the bid be rejected on the basis the bid is not complete unless the
City business license is filled in on the proposal.
Council discussed the advisability of adopting a policy to require a City business license to bid for
a City contract as well as the present policy which would cover the action on this item.
RESOLUTION NO. 4706 - RESOLUTION OF AWARD OF CONTRACT (to Bay Cities Paving & Grading, Inc. --
Mont Marin Turf Area Grading, Project No. 9174-74.199)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Jensen, second by Councilman Miskimen, that a resolution be prepared adopting
a policy that anyone bidding on City of San Rafael projects must be required to have a City business
license before bidding.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AWARD OF CONTRACT - SANITARY SEWER SYSTEM INFILTRATION CONTROL PROJECT - TELEVISING PROJECT NO.
9413-72.160 - FILE -1-210
RESOLUTION NO. 4707 - RESOLUTION OF AWARD OF CONTRACT (to Rodding -Cleaning Machines, Inc.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: AWARD OF CONTRACT - REPLASTERING OF THE TERRA LINDA RECREATION CENTER SWIMMING POOL, PROJECT NO.
9175-73.179 - FILE 4-1-213
RESOLUTION NO. 4708 - RESOLUTION OF AWARD OF CONTRACT (to The Pool Scene)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: COMMUNICATION FROM MARIN COUNTY YOUTH COMMISSION REGARDING SUMMER INTERN PROGRAM - FILE 7-4
Ted Mitchell and Stacy Marcus, representing the Marin County Youth Commission, presented a report on
the high school age summer intern program which has been fn operation at County level for the past
year and asked consideration of a similar program by the City Council. The request was referred to
the City staff for review and a report.
RE: COMMUNICATION FROM SAN RAFAEL CITY SCHOOLS REGARDING THE USE OF THE WEST END SCHOOL - FILE 120
;This item was referred to the City staff for review and a report.
RE: REQUEST FOR FINANCIAL ANALYSIS - SEWER COLLECTION SYSTEM - FILE 12-7 x 12-6 x 4-3-59
Director of Public Works Caillouette presented a report covering a proposal from Bartle Wells
Associates to make a preliminary investigation and study to transfer the Sewer Collection System from
the City to the San Rafael Sanitation District. The Sanitation District has approved the proposal
and has agreed to finance 50 percent of the cost of the study. Mr. Caillouette recommended that the
City Council go along with the study which, in his opinion, would be an impartial analysis.
After discussion, Councilman Mulryan moved approval of the proposal with the condition that it is
clearly understood that this does not remove the requirement that the City staff also study the matter;
second by Councilman Mulryan.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
66
RE: AGREEMENT WITH SAN RAFAEL REDEVELOPMENT AGENCY PROVIDING FOR DEVELOPMENT OF COMMUNITY RECREATION
CENTER - FILE 4-16-1 x 12-15
RESOLUTION NO. 4709 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING
EXECUTION OF REPAYMENT CONTRACT WITH THE SAN REDEVELOPMENT AGENCY TO
PROVIDE $500,000 TOWARDS THE COST OF ACQUISITION OF LAND FOR AND DE-
VELOPMENT OF A COMMUNITY RECREATION CENTER.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RE: STATE SUPREME COURT DECISION - STRUMSKY CASE - FILE 116
Motion
by Councilman
Mulryan, second by Councilman Jensen, to write a letter as a
Council to the State
Supreme
Court asking
for a rehearing.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RE: REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY - HAROLD HALL - FILE 7-5
Motion
by Councilman
Mulryan, second by Councilman Miskimen, to grant the request
and authorize a three -
months
leave of absence
without pay to Harold Hall.
AYES:
COUNCILMEN:
Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES:
COUNCILMEN:
None
ABSENT:
COUNCILMEN:
None
RE: INTERVIEWS - CHIEF OF POLICE - FILE 7-4
Staff was authorized
to schedule interviews with the two Deputy Police Chiefs who
have submitted ap-
plications
on April
29, 1974 at 7:30 p.m., prior to the interviews for the Parks
and Recreation Com-
mission
vacancies.
RE: SIGN ENFORCEMENT - FILE 125
The City Attorney's request for a policy position for sign enforcement upon expiration of the amortiza-
tion period was considered by the Council. The staff was directed to report at the next Council meet-
ing as to any requirements, in addition to the existing sign ordinance, for signs in the downtown
area which will be affected by redevelopment standars. The City Attorney was directed to proceed with
enforcement in all other areas.
RE: WORKSHOP ON GROWTH CONTROL - FILE 10-2
Councilman Miskimen reported that as a result of the Council request, the Marin County Board of Super-
visors has appointed Supervisors Giacomini and Roumiguiere to the joint commitee to study growth
control.
RE: NOMINATION OF SENIOR CITIZEN OF THE YEAR - FILE 123
Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to nominate
Catherine Timony for Senior Citizen of the Year.
Council adjourned to April 29th, 1974 at 7:30 P.M. 4
MARION A. GRADY, City Cler
APPROVED THIS(/ DAY OF 197
,�!�' GLS "/ , �i �
MAYOR OF THE CITY OF SAN �RAFAEL
S
In Room 201 of the City Hall of the City of San Rafael, Monday, April 29, 1974, at 7:30 P.M.
Adjourned Regular Meeting: Present: C. Paul Bettini. Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: City Manager William J. Bielser
Raymond L. Meador, Assistant to the City
Manager
Helen McDaniel, Acting City Clerk
The San Rafael City Council met in Executive Session and interviewed two applicants for Chief of
Police.
The Council also interviewed eight applicants to fill the vacancies on the Parks and Recreation
Commission.
City Manager Bielser reported on labor negotiations.
HELEN McDANIEL, Acting City Clerk
Approved this _ day of / ' 19 7
41
MAYOR OF THE CITY -6F SAN RAFAEL
In Room 201 of the City Hall of the City of San Rafael, Monday, May 6, 1974 at 7:00 O'Clock P.M.
Special Meeting: Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Also Present: City Manager William J. Bielser
Assistant to the City Manager Raymond L.
Meador
The San Rafael City Council met in executive session in Room 201 of the San Rafael City Hall at 7:00
p.m. with City Manager Bielser for discussion of wage and salary negotiations.
WILLIAM J. BIELSER, Acting City Clerk
APPROVED THIS ✓, DAY OF e CJ 1974.
MAYOR OF THE CITY 07 SAN RAFAEL
68
In the Council Chambers of the City of San Rafael, Monday, May 6, 1974, at 8:00 O'Clock P.M.
Regular Meeting:
RE: REPORT ON EXECUTIVE SESSION
Present: C. Paul Bettini, Mayor
Fred E. Jensen, Councilman
John A. Miskimen, Councilman
Lawrence E. Mulryan, Councilman
Jack G. Nixon, Councilman
Mayor Bettini reported on the executive session held prior to the regular meeting for discussion of
wage and salary negotiations.
RE: APPROVAL OF MINUTES
Motion by Councilman Mulryan, second by Councilman Miskimen, and unanimously carried, to approve the
minutes of the Special Meeting of April 11, 1974, the Adjourned Meeting of April 11, 1974, the Special
Meeting of April 15, 1974, the Regular Meeting of April 15, 1974 and the Adjourned Meeting of April
29, 1974.
RE: PUBLI-C HEARING - GENERAL PLAN OPEN SPACE AND CONSERVATION ELEMENTS - FILE 115
Mayor Bettini reopened the public hearing on this item which was continued from April 15, 1974 and
referred to the Planning Commission for its recommendation at this meeting.
City Planner Hotchner presented the staff report and the Planning Commission report recommending re-
visions to the Open Space and Conservation Elements. A letter was presented from the Planning Com-
mission Chairman stating the intent of the Commission to add to the implementation section of these
elements at the time of adoption of the General Plan.
Mr. Warren Jones, General Plan Consultant, expressed agreement with the Planning Commission recommenda-
tion.
Mr. Norman Higby, representing the Home and Business Preservation League, Mrs. Peg McNulty, 193 Bis-
cayne Drive, and Cecilia Martzfrom Terra Linda addressed the Council suggesting furthur adjustments
to the Open Space and Conservation Elements.
Mr. Carl Brown, Executive Director of the Building Industry Association, urged that the City Council
adopt the Open Space and Conservation Elements at this meeting to insure that a moratorium not be
called.
Since there were no other speakers, the Mayor closed the public hearing.
Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to adopt the Open
Space and Conservation Elements of the General Plan as recommended in the Planning Commission Report
of April 23, 1974 with one change: one page 11 - 5, Policy 6, the word ''degradation'' be deleted and
replaced with ''damage.''
RESOLUTION NO. 4704 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, MARIN COUNTY, STATE
OF CALIFORNIA, FOR THE ADOPTION OF THE CONSERVATION AND OPEN SPACE ELEMENTS
OF THE GENERAL PLAN.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - CATV RATE INCREASE REQUEST - FILE 9-7-4 x 130
Mayor Bettini declared the public hearing open.
City Manager Bielser presented a staff report and recommended that the matter of a rate increase be
referred to the Citizens Advisory Committee on Cable Television since that committee may recommend
expanded services which could affect the rates.
There was no one present to speak on the item; therefore, Mayor Bettini closed the public hearing.
Motion by Councilman Mulryan, second by Councilman Miskimen, that this item be referred to the Citi-
zens Advisory Committee on Cable Television for review, that it be given first priority and a report
be presented to Council as quickly as possible.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - PROPOSED ORDINANCE REGARDING FIRE DETECTION DEVICES AND AUTOMATIC SPRINKLER
SYSTEMS - FILE 9-3-31 x 1-6
Mayor Bettini reopened the public hearing.
Fire Commission Chairman Dufficy advised that, with a change under Division 3, paragraph (b) to re-
flect 15,000 square feet of ground floor area and not the entire building area, the Marin Builders
Exchange and the Redwood Empire Builders Association are in agreement with the proposed ordinance.
Mr. Herman Deitch, Realtor, agreed that this is a much better ordinance than originally proposed; how-
ever, he felt it should be adopted to coincide with the adoption of the new Uniform Building Code.
Mr. Carl Brown, Executive Director of the BIA, voiced approval of the proposed ordinance and asked
that Division 2, paragraph (e) reflect the same amendment recommended in Division 3, paragraph (b).
He saw no need to hold up the adoption until the UBC is adopted.
i
Mr. Dave Greenlee of the Marin Builders Exchange expressed his approval of the ordinance as amended.
Mayor Bettini closed the public hearing.
The Council discussed the proposed ordinance and the ability for appeal. The staff was directed to
reword Division 3, paragraph (b) (2) for clarity. I
Motion by Councilman Jensen, second by Councilman Mulryan, that the ordinance, as amended, and the
National Fire Protection Association pamphlets be read by title only.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Acting City Clerk read the titles of the ordinance and the pamphlets.
Motion by Councilman Jensen, second by Councilman Mulryan, that the amended ordinance be passed to f
print and public hearing be set for May 28, 1974 (motion was later amended to set the public hearing'
for June 3, 1974 at 8:00 p.m.)
An ordinance of the City of San Rafael amending Title 19, Chapter 19.10 of the Uniform Fire Code and
Amending Article 13, Sections 13.307 and 13.316 of the Uniform Fire Code, 1971 Edition, as adopted,
relating to Fire Alarm and Detection Devices and Automatic Sprinkler Systems and Adopting by Re-
ference the National Fire Protection Association Pamphlets, and numbering Charter Ordinance 1150, was
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR RESETTING OF MAY 20TH MEETING - FILE 9-1-1
Motion by Councilman Nixon, second by Councilman Jensen and unanimously carried, to reschedule the
May 20th meeting to May 28, 1974 to avoid conflict with a Centennial event. This motion and second
was later rescinded.
Motion by Councilman Nixon, second by Councilman Jensen, to reschedule the May 20th meeting to May
13, 1974 at 8:00 p.m.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - SUBDIVISION LOCATED AT 2125 FRANCISCO
BOULEVARD, FRED GRANGE, OWNER - FILE 10-8
Mayor Bettini opened the public hearing.
City Planner Hotchner presented the staff report on the appeal by the applicant of the Planning Com-
mission denial by a vote of 5-0. The Council had received copies of the letter of appeal, the plann-
ing staff report and the Planning Commission minutes.
Mr. Wallace Myers of Myers, Praetzel and Garety, 1615 Fifth Avenue, represented Fred Grange. He
asked that the Planning Commission denial be reversed. He felt the subdivision would not materially
change the area and questioned the legal right to deny a subdivision that he contended meets City
ordinance requirements.
There was discussion regarding the drainage problem in the area and Council policy not to allow de-
velopment until the drainage is solved.
Motion by Councilman Mulryan, second by Councilman Miskimen, that the Planning Commission denial be
sustained.
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: Jensen
ABSENT: COUNCILMEN: None
RE: FINAL ADOPTION - ORDINANCE NO. 1143, AMENDING PERS CONTRACT TO PROVIDE A 5 PERCENT COST OF LIVING
INCREASE TO CERTAIN RETIRED EMPLOYEES - FILE 7-1-24 x 7-9
CHARTER ORDINANCE NO. 1143 - An ordinance of the City Council of the City of San Rafael authorizing
an amendment to the contract between the City Council of the City of San Rafael and the Board of
Administration of the California Public Employee's Retirement System was adopted as an ordinance of
the City of San Rafael by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
70
RE: REPORT ON SIGN ENFORCEMENT - FILE 125
Assistant Redevelopment Director Neal presented a staff report on the possible impact of enforcement
of the City's sign ordinance as it relates to the development of Central San Rafael Redevelopment
Master Plan. He advised that it does not appear probable that, for other than free standing or overhanging
signs, there would be any major change required due to redevelopment and recommended that the City proceed
with enforcement of the sign ordinance.
The Council discussed the need for Redevelopment Agency policy decision relating to signs and directed
staff to survey and furnish a more detailed report to Council as to any areas where a conflict might
exist between the City sign ordinance requirements and redevelopment requirements.
Motion by Councilman Nixon, second by Councilman Mulryan, to direct the City Attorney to take immediate
legal action to secure compliance of all signs listed in the Planning Director's letter of May 6, 1974,
with the exception of the Dutch Art Gallery sign (item No. 3), and of all other non -conforming signs
that become illegal through non-compliance by the amortization expiration date.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: RESOLUTION REGARDING BUSINESS LICENSE REQUIREMENTS - FILE 9-10
RESOLUTION NO. 4711 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUIRING ANY
CONTRACTOR BIDDING ON CITY WORK TO HAVE CITY BUSINESS LICENSE AT TIME OF
MAKING BID.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
RE: REPORT ON POLICE AND FIRE BOAT GRANT APPLICATION - FILE 9-3-30 x 9-3-31 x 4-10-72
City Manager Bielser referred to the written report recommending approval of the contract subject to
16 hours of patrol rather than 20.
Mr. Fred Enemark, Chairman of the Citizens Advisory Committee on the San Rafael Canal, advised that
the Committee unanimously urges approval.
Mr. Fred Miller, a San Rafael boat owner, cited vandalism at the Yacht Harbor and urged the Council
to take action to provide patrolling of the Canal and Bay waters within the City limits.
RESOLUTION NO. 4712 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the State
of California, Department of Navigation and Ocean Development--Police/Fire Boat)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON MARIN COUNTY YOUTH COMMISSION COMMUNICATION - FILE 7-4
City Manager Bielser advised that staff review resulted in the recommendation that the City Council
authorize participation in the Youth Commission's Summer Intern Program and approve the hiring of two
high school age interns to work 25 hours per week for nine weeks at $2 per hour.
Motion by Councilman Miskimen, second by Councilman Nixon, to accept the staff recommendation and ap-
prove the hiring of two interns.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON SHOWING OF "X" RATED MOVIES - FILE 120
City Attorney Robbins reported that the State of California has set standards and prescribed penalties
for obscenity and any action that could be taken by the City would be in the nature of nuisance abate-
ment directed at "hard 'X` rated" movies.
Mr. Nate Blumenfeld of Blumenfeld Theatres advised the Council that no "hard 'X' rated"' movies will
be shown in drive-in theatres in San Rafael.
Mrs. Douglas Godfrey, President of the Marin Motion Picture and Television Council, stated that this
action should provide an adequate solution to the problem.
RE: PRESENTATION OF PETITION FOR SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30
Mr. Edwin Ness, Assessment District Counsel, advised petitions have'been received requesting that the
City undertake special assessment proceedings, signed by owners of over 60 percent of the property
included in the boundary map of the Santa Margarita Open Space Assessment District. He also requested
that a staff member be assigned to assist in negotiation for purchase of property and Council commit-
ment for 1915 Act for bonds.
71
During Council discussion, it was pointed out that any staff participation in negotiations for pur-
chase of open space would necessarily be on an informal basis until such time as Assessment District
proceedings may be authorized by the City Council.
Mr. Edward Bott asked that he be allowed to speak in protest. He was advised that the proper time
would be at the public hearing and that it would serve no purpose to speakat this time.
Mr. Blunk, a Terra Linda resident, had a question pertaining to the boundaries. It was pointed out
that at the time of the public hearing, if the Assessment District proceeds, the boundaries may be
changed prior to filing the boundary map.
THE PETITIONS WERE FILED WITH THE CITY CLERK
THE CERTIFICATE OF SUFFICIENCY BY THE CITY ENGINEER WAS FILED WITH THE CITY CLERK.
Motion by Councilman Miskimen, second by Councilman Mulryan, to authorize the City Manager to assign
a staff member to assist the two members from the Santa Margarita Homeowners Association in negotia-
tions, and that 1915 Act bonds be authorized in the event the Assessment District proceeds.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: MOORING ROAD SEWER ASSESSMENT DISTRICT - FILE 6-28
Mr. Edwin Ness, Assessment District Counsel, advised that a strike by the printers has resulted in
delivery of the bonds being delayed from May 2, 1974 to May 9, 1974, and requested adoption of a
resolutionwaiving requirement of payment of accrued interest.
RESOLUTION NO. 4713 - RESOLUTION WAIVING REQUIREMENT OF PAYMENT OF ACCRUED INTEREST IN MOORING
ROAD SEWER ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: LEVEE EASEMENT - 490 CANAL STREET - FILE 2-12
City Manager Bielser provided a summary of the recommendations of the Planning Commission, Citizens
Advisory Committees on the San Rafael Canal and Open Space Acquisition and the Parks & Recreation
Commission.
RESOLUTION NO. 4710 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS (20' LEVEE EASEMENT,
490 CANAL STREET, AND SETTING PUBLIC HEARING FOR JUNE 3, 1974 at 8:00
P.M.)
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: FEDERAL AID URBAN SYSTEM - FILE 11-15.1
Director of Public Works Caillouette presented a report recommending City Council approval of a resolu-
tion establishing the Marin County Urban System committee and procedures and criteria for project
priorities on the Federal -Aid Urban System.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the resolution and request
that the Marin County Board of Supervisors adopt this resolution and submit it to the State Depart-
ment of Transportation as soon as it has been approved by all cities in the County.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PRESENTATION OF FINAL PLANS AND SPECIFICATIONS - BOYD HOUSE MUSEUM - FILE 4-3-56
Mr. Milton Chambers presented the final plans and color charts for Council approval and recommended
May 28, 1974 as the bid opening date. He advised that if the building were vacated during the
restoration work, completion time would be reduced considerably and there would be no security pro-
blem.
The Marin Historical Society expressed agreement to storage of the artifacts, and a meeting is
scheduled on May 10, 1974 with the Director of Parks and Recreation to work out the details.
Motion by Councilman Jensen, second by Councilman Miskimen, to approve the Plans and specifications,
including the colors, as submitted; and call for bids to be opened on May 28, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
72
RE: PURCHASE OF LAND FROM ALFRED A. AND CAROLINE NANNIZZI - FILE 2-1-48
Assistant Redevelopment Director Neal presented the staff report recommending approval of the property
acquisition (A.P. 10-279-01) required for the improvement of the Miracle Mile, in the amount of $5,000;
and the acquisition of a temporary construction easement immediately adjacent in the City of San An-
selmo.
RESOLUTION NO. 4714 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING MAYOR
AND CITY CLERK TO ENTER CONTRACT FOR PURCHASE OF PROPERTY AND ACCEPTING DEED
TO REAL PROPERTY AND TEMPORARY CONSTRUCTION EASEMENT.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON SALARY NEGOTIATIONS - FILE 7-3
The Council received a report from City Manager Bielser on a settlement reached with employee groups
representing all except the Fire Department personnel.
Motion by Councilman Mulryan, second by Councilman Nixon to approve the staff recommendation with the
modification that the allowance for books and tuition be up to $75 per semester per employee and that
the City's contribution not exceed 75 percent of the total cost.
RESOLUTION NO. 4715 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE
COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CON-
FIDENTIAL AND UNCLASSIFIED EMPLOYEES.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RESOLUTION NO. 4716 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL FIXING THE COM-
PENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
An ordinance of the City of San Rafael providing for cost of living increase for City Council, and
numbering Charter Ordinance No. 1144, was read, introduced and ordered passed to print by the follow-
ing vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REPORT ON BURGLARY PREVENTION PROGRAM - FILE 9-3-30
Deputy Chief Kelly presented a report on the San Rafael Burglary Prevention Program, advising that
copies of the new Crime Prevention manual have been furnished to Council members and will be distri-
buted to approximately 15,000 San Rafael residents by Explorer Scouts
RE: APPOINTMENT OF CHIEF OF POLICE - FILE 9-3-30 x 7-5
Motion by Councilman Mulryan, second by Councilman Nixon that the Council appoint Mr. Lawrence R. Kelly
as Chief of Police, effective August 1, 1974, to replace retiring Polic:Chief Joseph J. Brusatori.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: CATV - CITIZENS ADVISORY COMMITTEE - FILE 9-2-21
On motion by Councilman Nixon, second by Councilman Mulryan, the Council unanimously appointed all
seven applicants to serve on a Citizens Advisory Committee on Cable Television, to consist of six
voting members and one non-voting member (Neil R. McHugh of Tele-Vue Systems, Inc.). The six voting
members are Ronald H. Coelyn, Virgil S. Hollis, Christel Mandanis, William C. Osterhaus, John R.
Palunco, and Paul W. Robinson. Ronald H. Coelyn was appointed temporary Chairman.
The City Manager was directed to draft a set of instructions for the Committee and present a format
to the Council as soon as possible.
RE: PARKS AND RECREATION COMMISSION - FILE 9-2-4
Motion by Councilman Nixon, second by Councilman Mulryan, to appoint Del Davis, William A. Love and
Vernon H. Nicholson to fill the three vacancies created by the resignation of Jack MacPhee and the
expansion of the Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ADJUSTMENTS OF EXISTING SPEED LIMITS - LINCOLN AVENUE AND "D" STREET - FILE 11-12.1
Motion by Councilman Mulryan, second by Councilman Miskimen, to approve the staff recommendation for
73
adjustment of speed limits from 25 to 30 miles per hour on Lincoln Avenue from Highway 101 Off -Ramp
to Linden Lane; and on "D" Street from First Street to Antonette Avenue.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: SIGN POLICY RELATIVE TO CENTENNIAL ACTIVITIES - FILE 125 x 104
RESOLUTION NO. 4714 - POLICY STATEMENT OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING
CITIZEN PARTICIPATION IN THE SAN RAFAEL CENTENNIAL CELEBRATION.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: WINTERGREEN TERRACE ANNEXATION NO. 2 - FILE 5-2-65
RESOLUTION NO. 4718 - A ARESOLUTION APPROVING ANNEXATION TO THE CITY OF SAN RAFAEL OF UN-
INHABITED CONTIGUOUS TERRITORY LYING ADJACENT THERETO AND DESIGNATED
AS WINTERGREEN TERRACE ANNEXATION NO. 2.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE PERTAINING TO ABATEMENT OF NUISANCES ON PRIVATE PROPERTY - FILE 13-9
An ordinance of the City of San Rafael amending Title 1 of the Municipal Code of the City of San
Rafael by adding a new Chapter thereto entitled Chapter 1.20 pertaining to maintenance of property
and property nuisances and abatement thereof, and numbering Charter Ordinance No. 1145, was read, in-
troduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE PROVIDING FOR RIGHT OF ENTRY FOR PUBLIC WORKS DEPARTMENT - FILE 10-3 x 9-3-40
Motion by Councilman Nixon, second by Councilman Miskimen, that the proposed ordinance be passed to
print with the last sentence under Section 11.40.010 changed to read as follows: "If such entry is
refused the Director of Public Works, or his authorized representative, shall have recourse to the
provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California."
An ordinance of the City of San Rafael amending Title 11 by adding thereto Chapter 11.40 entitled
right of entry, and numbering Charter Ordinance No. 1149, was read, introduced and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: ORDINANCE AMENDING TITLE 5 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING THERETO SECTION 5.08.052
ENTITLED TRAFFIC ENGINEER - FILE 9-3-40
An ordinance of the City of San Rafael amending Title 5, Chapter 5.08, entitled Rules of Construction
and Definitions of the Municipal Code of the City of San Rafael by adding thereto Section 5.08.052
entitled Traffic Engineer, and numbering Charter Ordinance No. 1146, was read, introduced and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PARKING METERS ON HETHERTON STREET - ORDINANCE CHANGING FIVE-HOUR METERS TO TEN-HOUR METERS -
FILE 11-18 x 11-8
An ordinance of the City of San Rafael amending Title 5, Chapter 5.06, Sections 5.60.065 and 5.60.068
of the Municipal Code of the City of San Rafael, deleting certain portions of Section 5.60.065 and
adding that deleted portion to Section 5.60.068, and numbering Charter Ordinance No. 1147, was read,
introduced and ordered passed to print by the following vote, to wit:
�- AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: PARKS AND RECREATION COMMISSION RECOMMENDATION REGARDING PARK CLOSING TIMES - FILE 12-15
An ordinance of the City of San Rafael amend.i;ng Title 2, Chapter 2.16, Section 2.16.028 Regulation
of Use of Park and/or Recreation facilities, and numbering Charter Ordinance No. 1148, was read,
introduced and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: DISCUSSION OF CURRENT AND FUTURE NEEDS RELATIVE TO LIBRARY SERVICE - FILE 9-3-61 x 9-2-3
After discussion, a motion was made by Councilman Nixon, seconded by Councilman Miskimen, to direct
the Library Commission to prepare a report summarizing the present services offered by the Library
and optimum services that should be provided for presentation to the City Council by July 1, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: REQUEST FOR LEAVE OF ABSENCE - RICHARD HARDER - FILE 7-5
Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried, to approve the
staff recommendation to grant a 16-1/2 day leave of absence without pay to Richard Harder.
RE: REPORT ON COURT CASES - LEVINSON VS THE CITY OF SAN RAFAEL AND MANION VS THE CITY OF SAN RAFAEL -
FILE 5-2-60
City Attorney Robbins presented a status report on the two court cases which were filed in connection
with the Country Coub Annexation.
RE: COMMUNICATION FROM OPEN SPACE SELECTION COMMITTEE - FILE 9-2-16
After discussion, the following action was taken:
Motion by Councilman Nixon, second by Councilman Mulryan, that the following clarifications be sub-
mitted to the Committee:
1. Members from the unincorporated area may vote on procedures and criteria employed by the Com-
mittee in establishing the evaluation technique.
2. Members from the unincorporated areas may not participate through balloting in ranking the
various parcels.
3. Every effort should be made to retain the composition of those parcels outlined in Map 2. How-
ever, when an evaluation cannot be made because of the parcel's size - as with the Chin Ho prop-
erty - the parcel may be broken into smaller segments. Such an action should occur only in res-
pect to the larger and more complex parcels.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
Motion by Councilman Nixon, second by Councilman Mulryan, that the Committee be directed as follows:
Upon completion of the projects which are due by July 1, 1974, the Committee is hereby requested to
prepare a report recommending methods of preservation for open space as such methods relate to
specific parcels, and present to the Council no lager than September 1, 1974.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
RE: NAMING OF STREET LEADING TO THE CANAL TURNING BASIN - FILE 11-2
Motion by Councilman Jensen, second by Councilman Miskimen, that the street from Francisco Boulevard
to Beach Park be named Beach Park Road as recommended by the Planning Commission.
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The City Council adjourned.
HELEN McDANIEL, Acting City Clerk
APPROVED THDAY OF 1 19 7,.
MAYOR OF THE CITY OF SAN RAFAEL