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HomeMy WebLinkAboutMinutes 1973-1977 pt. 7395 In the Council Chambers of the city of San Rafael, Monday, December 20, 1976, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. PRESENTATION OF CONTRIBUTION FROM PEACOCK GAP HOMEOWNERS ASSOCIATION - FILE 4-1-250 Mr. John Shook presented a check for $4,000.00 as a contribution from the Peacock Gap Homeowners Association for Tiny Tot Area improvements in Peacock Gap. Mayor Bettini expressed thanks on behalf of the City Council. RE: CONSENT CALENDAR Motion by Councilman Mulryan, seconded by Councilman Miskimen, to approve the recommended action on the following Consent Calendar items: Item Recommended Action Claim for Damages, Pauline D. Leones, Claimant, Denied and referred to Insurance Carrier. Claim No. 3-1-264. Claim for Damages, Virginia Scofield, Claimant, Denied and referred to Insurance Carrier. Claim No. 3-1-262. Resolution Accepting Open Space Property from RESOLUTION NO. 5232, OF ACCEPTANCE OF GRANT OF ONE - the County of Marin Open Space District (Nunes THIRD (1/3) INTEREST IN REAL PROPERTY. property - second,installament). File 2-1-51. Northgate East Development - Extension of time RESOLUTION NO. 5233, OF THE CITY COUNCIL OF THE CITY for Phases 2 and 3. File 5-1-220. OF SAN RAFAEL, EXTENDING THE TIME FOR COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASES 2 AND 3. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - REZONING - 675 FOURTH STREET (ASSESSOR'S PARCELS 14-121-08 & 11) FROM M (HEAVY COM- mcorTnl nnm MnniiiCnrT11DTN1r_ nTCTDTrT Tn r_,) /rDN�:DAI rommDrTAI rTCTDTrT TNTTTLTFn RV KNIInCFN rnp- Public hearing was opened. No one spoke on the subject. Public Hearing was closed. An ordinance of the City of San Rafael amending the zoning map of the City of San Rafael, adopted by reference by Section 14.15.020 of the Municipal Code so as to reclassify certain real property from M (Heavy Commercial and Manufacturing) to C-2 (General Commercial) District, and numbering Charter Ordinance No. 1246, 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 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION CONDITIONS - TRANSFER OF PROJECTING SIGN, 532 FRANCISCO BOULEVARD, DE LONG CHEVROLET, INC., OWNER: MARIN NEON COMPANY, REPRESENTATIVE (SR76-72T --FILE 10-11 Public Hearing was opened. Planning Director Hotchner suggested a compromise to which Mr. Clarence De Long agreed, as follows: The structure across the front of the former used car site may remain as shielding for the existing on-site lighting, providing that the squares are removed and the remaining wording (De Long Chevrolet) is removed. The large "Chevrolet" signet with the words "De Long" above it that is attached flush to the face of the building and projects above the roofline shall be removed. After all the above is ,completed, the small projecting sign and the "circle OK" above it may be removed. Then the rectangular portion of that sign, containing the wotds "De Long Used Cars", may be relocated flush against the facia at a point totally below the roofline on the former Camgros office building which now serves as the office for the used car portion of the De Long Chevrolet Agency. Public Hearing was then closed. Councilman Jensen moved, and Councilman Nixon seconded, that the appeal be sustained with the acceptance of a compromise solution as suggested by staff. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 396 r PUBLIC HEARING - APPEAL OF PLANNING COMMISSION CONDITIONS - MOBILE HOME SALES, CONTEMPO/MARIN MOBILE HOME PARK: U.S. COMMUNITIES, INC., OWNER; GEROGE J. SILVESTRI, JR., REPRESENTATIVE UP 76-95 - FILE 13-7-1 x 9-3-32 Public Hearing was opened. Mr. Roger O'Donnell of the Contemp Marin Mobile Homeowner's Association spoke of their dissatisfaction with the administration of the park, stating that it is a "closed" park, and citing high fees for moving of homes, placing of models on lots against regulations, and requesting that the two homes on lots 85/86/87 which were split into two lots be removed. He stated that the Association believes the U.S. Communities, Inc. is not acting in good faith and not with the proper code of ethics. Mr. George J. Silvestri, Jr., attorney for U.S. Communities, Inc., stated that the policy is for an "open" park, and they do not feel that $1,500 is an overcharge for moving homes. He stated that it was through a misunderstanding that their use permit lapsed and that the situation is being rectified. Mr. Sam Hardage, president of U.S. Communities, Inc., reiterated Mr. Silvestri's remarks. The Public Hearing was closed. Planning Director Hotchner briefed the Council on the Planning Commission conditions: That the present seven sales models shall be allowed to remain, but additional sales models shall not be introduced on any remaining lots; and that their use permit shall be valid for one year (November 23, 1977) or until the entire park shall have been initially occupied, whichever occurs first. After discussion Councilman Mulryan moved, and Councilman Miskimen seconded, that the Planning Com- mission's decision be modified by requiring that the coaches be removed from the two lots marked "A2" on the plan (lots 85/86/87) within thrity days and that the company be restricted in the sales activity to the other five coaches. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None PUBLIC HEARING - COMMUNICATION FROM PIARIN SANITARY SERVICE RE REFUSE DISPOSAL RATE INCREASES - FILE 4-3-32 Councilman Nixon left the meeting. The Public Hearing was opened. Finance Director Averett reviewed the request for a 25% increase, and a further 15% increase effective in one year. No one spoke on the subject. Public Hearing was closed. Councilman Mulryan moved, and Councilman Miskimen seconded, that the rate increase be granted as requested. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Councilman Nixon returned. RE: REPORT ON ALBERT PARK/DAVIDSON SCHOOL/SAN RAFAEL HIGH SCHOOL MASTER PLAN - FILE 4-3-66 Recreation Director Snyder introduced Mr. Robert Royston of Royston, Hanamoto, Beck & Abey, con- sultants for the project. Mr. Royston presented three alternate proposals for consideration. The plans were referred to the City/School Liaison Committee and the Parks and Recreation Commission for further discussion. RE: DISCUSSION OF ADDITIONAL COMMUNITY DEVELOPMENT ACT FUNDS - FILE 147 Continued to January 3, 1977 meeting. RE: RE-EVALUATION OF THE 1977/1978 APPLICATIONS FOR MARIN COUNTY PARK ASSISTANCE FUNDS - FILE 9-3-65 Staff suggested that, in view of the fact that the County has increased its commitment to this program from $100,000 to $300,000, and the fact that the City has now acquired Pickleweed Park, the City's application should be reevaluated. Staff recommends that the City request $100,000 from the Marin County Local Parks Assistance Funds for the current fiscal year and $200,000 from the Assistance Fund for the next fiscal year. Staff also recommends that the County Service Area farmed in support of Pickleweed Park be asked to contribute $300,000 toward the development costs which will probably be a minimum of $600,000. Councilman Nixon moved and Councilman Miskimen seconded, that staff be authorized to complete the application, and appear before the Board of Supervisors. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Miskimen moved and Councilman Nixon seconded, that a policy be established that the County Service Area would contribute to the support of Pickleweed Park and tha st ff be uthorized to com- mence meetings with the Advisory Committee to develop a financing plan orfe par. 37 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM BRET HARTE COMMUNITY ASSOCIATION - IRWIN STREET IMPROVEMENTS - FILE 11-7 Staff estimate of work requested is approximately $18,000. If improvements were constructed on both sides of Irwin Street from the railroad tracks to Woodland Avenue the cost would be approximately $30,000. After discussion on possible methods of funding, Councilman Nixon moved and Councilman Mulryan seconded, to approve the work included in the $18,000 at this time until we see what the final costs are going to be in Phase 1; further, that funds be allocated from the HUD monies available in the 1977/78 fiscal year. Councilman Jensen suggested that an alternate Phase 2 be included in the plan, for possible further work. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The meeting adjourned for a brief intermission. The meeting reconvened at 10:30 PM. RE: CONSIDERATION OF RETIREES REQUEST FOR INCLUSION IN MARIN COUNTY RETIREMENT SYSTEM -FILE 7-9 Actuarial report not completed. Continued to a January meeting. RE: AMENDMENT TO P.E.R.S. AGREEMENT - FILE 7-1-24 Staff recommendation was for the "unpooling" to be accomplished by adopting the option for the one- year final compensation, which would change the PERS agreement to provide that final compensation would be computed on the basis of the highest twelve consecutive months pay, instead of thirty-six consecu- tive months pay as is now the case under the current agreement with PERS. RESOLUTION NO. 5234 - AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONTINUED CONSIDERATION OF AGREEMENT BETWEEN VLADIMIR AND OLGA TURSKI AND CITY OF SAN RAFAEL - FILE 2-1-51 After hearing from the attorney for the Turski family, from Mr. Turski, and from Mr. Wm. Hochman, Councilman Nixon moved and Councilman Mulryan seconded that the Council should not enter into an agreement for purchase of the property. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PLANNING COMMISSION RECOMMENDATION RE MARIN YACHT CLUB - FILE 2-8-6 Staff report indicates that the Planning Commission has received an application for residential de- velopment of the portion of land along the south side of Pt. San Pedro Road on which the Marin Yacht Club and parking were formerly located. The Planning Commission has indicated to the Council that this property should be reviewed for possible acquisition as open space. It was decided to carry the item over to the January 3, 1977 Council meeting, meanwhile notifying the County of Marin and homeowners' associations within the surrounding area that this will be discussed. RE: DISCUSSION OF PICKLEWEED PARK - FILE 2-1-55 Mayor Bettini stated that a vote on condemnation of property requires a 4/5 vote. He wishes the record to show that this was not noted at the time the Pickleweed property was purchased. (Councilman Nixon left the meeting) RE• PROPOSED BINGO ORDINANCE AS MODIFIED, PROVIDING THE REQUISI IN SAN RAFAEL - FILE 13-8 'ES FOR THE PLAYING OF BINGO GAMES An ordinance of the City of San Rafael amending Title 8 - "Morals & Conduct" of the San Rafael Muni- ciptal Code by adding a new Chapter 8.06 thereto entitled "Bingo Games", and numbering Charter Ordi- nance No. 1247, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 398 RE: ORDINANCE NICIPAL C NDING CHAPTER 8.04, GAMBLING, SECTION 8.04.040, EXCEPTIONS OF THE SAN RAFAEL MUNI- - FILE 13-8 An ordinance of the City of San Rafael amending Chapter 8,04, Gambling, Section 8.04.040, Exceptions of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1248, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PRESENTATION OF THE COMMUNITY SCHOOL PROJECT - FILE 9-3-65 Fred Auda, Community School Coordinator, gave a slide presentation with commentary, showing programs in progress at Bahia Vista School. (Councilman Nixon returned during presentation) At the conclusion of the presentation, Mayor Bettini congratulated Mr. Auda on his leadership. (Councilman Miskimen left the meeting) RE: REQUEST FOR BARRIERS AND HANDICAPPED PARKING SPACES - FILE 13-1 Staff request for approval of construction of concrete barricades at Lucas Valley Road and in Terra Linda pedestrian easement was approved on motion of Councilman Nixon, seconded by Councilman Jensen. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen Staff request for approval of construction of an additional handicapped parking space, at the westerly end of the Council Chambers adjacent to the northerly side of the existing walkway was approved upon motion of Councilman Jensen, seconded by Councilman Nixon. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COMMUNICATION FROM AMERICANS AGAINST UNION CONTROL OF GOVERNMENT - FILE 9-5-U No action taken by Council on communication. RE: COMMUNICATION FROM MARIN COUNTY RE STATE -MANDATED PROGRAMS - SB 90 - FILE 9-5-S Councilman Mulryan moved, and Councilman Nixon seconded, that the City support the Program of the County of Marin. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON GEO-SEISMIC REVIEW BOARD - FILE 9-2-26 Accepted staff recommendation for appointment of the following firms to the Seismic Review Board: Soils Engineers - Harding -Lawson Associates, Cooper -Clark Associates; Engineering Geologists - Harding - Lawson Associates, Charles Winterhalter and Stephen Karbay, Engineering Geologists; Cooper -Clark Associates, Michael J. Dwyer and Donald W. Maltzahn, Engineering Geologists; Civic -Structural Engineers - Robert T. Copple and Ben C. Albritton. Councilman Mulryan moved and Councilman Nixon seconded that the above firms be appointed to the Seismic Review Board. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen (Councilman Miskimen returned to the meeting) RE: PLAN FOR PARKING IMPROVEMENTS ON MENZIES PROPERTY -FILE 2-1-53 x 11-8 Public Works Director Caillouette presented an interim parking lot plan, with minimum improvements. Councilman Nixon moved and Councilman Mulryan seconded, to accept recommendation of staff that the plan be referred to the Cultural Affairs Commission and Planning Commission for their comments. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON PROPOSED COUNTY -WIDE NARCOTICS ENFORCEMENT UNIT - FILE 9-3-30 Council accepted Police Chief Benaderet's recommendation that the proposed unit be endorsed provided that certain conditions regarding policy setting and assignment of officers are built into the pro- posal, and that the City's position be made known to the Board of Supervisors by the Chief of Police. AYES: COUNCILMEN: NOES: COUNCILMEN: ABSENT: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini None None 399 RE: APPROVAL OF ARGUMENTS IN FAVOR OF BALLOT PROPOSITIONS - FILE 9-4 Approved, with addition of refernece to Blind, Handicapped and Disabled, in the measure regarding housing for the elderly. Motion to approve, with revisions above, made by Councilman Jensen, seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: POLICY ON REQUESTING STAFF REPORTS BY MEMBERS OF COUNCIL - FILE 9-1 Mayor Bettini re -stated the unwritten policy that any Council member requesting information from City staff which will require a significant amount of time, must do so through the City Manager. Mayor Bettini also stated that when a Council member is requested to participate in an outside event - homeowners' associations, neighborhood meetings and the like, the Council should be made aware of it before the event occurs. The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, January 3, 1977, at 8:00 P.M. MARION A. GRADY, City Clerk;/ APPROVED THIS / DAY OF ,1977. &01&e MAYOR OF THE CrY OF SAN RAFAEL JIn the Council Chambers of the City of San Rafael, Monday, January 3, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Nixon, seconded by Councilman Mulryan, to approve the recommeded action on the following Consent Calendar items: Item Recommended Action Approval of Minutes of Adjourned Regular Meeting of Approved as submitted. November 8, 1976. Approval of Minutes of Regular Meeting of December 6, Approved as amended, to show that Councilman 1976. Miskimen seconded motion on page 5, Purchases from Equipment Replacement Fund. Resolution Proposing Amendments to Charter and Sub- RESOLUTION NO. 5239, PROPOSING AMENDMENTS TO mitting Same to Electors. File 9-4 THE CHARTER OF THE CITY OF SAN RAFAEL AND SUB- MITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THEREOF. Resolution Accepting new Minimum Wage. File 7-3-1 Purchase of Nock Open Sapce Property. File 2-1-57 RESOLUTION NO. 5235 OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTIONS NO. 4715 AND NO. 4765 FIXING THE COMPENSATION FOR PARTTIME, TEMPORARY, AND SEASONAL EMPLOYEES. RESOLUTION NO. 5236 ACCEPTING CONVEYANCE OF REAL PROPERTY KNOWN AS: THE NOCK PROPERTY (A.P. #12-241-04, 24, 25, 27; 12-251-08; 12-261-04) RESOLUTION NO. 5237, TO AUTHORIZE PURCHASE OF 23.25 ACRES, MORE OR LESS, FOR OPEN SPACE. RESOLUTION NO. 5238, FINAL ORDER IN CONDEMNATION PROCEEDINGS RE: ELEANOR M. NOCK PROPERTY, SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Report on Deferred Compensation Plan. File 7-4-5 RESOLUTION NO. 5240 OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPOINTING THE ADMINISTRATOR OF THE CITY -AUTHORIZED DEFERRED COMPENSATION PLAN. RESOLUTION NO. 5241, AUTHORIZING SIGNATORES ON CITY OF SAN RAFAEL DEFERRED COMPENSATION ACCOUNTS. Proposition 2 - State, Urban and Coastal Park Bond Deferred to January 17, 1977. of 1976. FILE 12-15 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARINGS APPEAL OF PLANNING COMMISSION DECISION TS 76-7 SIX -LOT SUBDIVISION PT. SAN QUENTIN PARK 2175 FRANCISCO BOULEVARD; ROBERT H. GREENE, OWNER; PCM DISTRICT; AP 9-161-22 File 10-5 Mr. Robert H. Greene requested a continuance, stating he was not quite ready, and that neither his attorney nor his engineer could be present. He requested that the matter be considered by the Redevelop- ment Agency. The Council agreed that the matter should come before the Redevelopment Agency on January 17, 1977 and be returned to the Council on February 7, 1977. RE: APPEAL OF PLANNI -C D 9-121-01/0 ND 9-192-06. File 10-5 The public hearing was opened. Appeal was against Planning Commission denial of the change of four 12'-4" wide overhead warehouse doors for existing glass windows along one side of the building, opening on a driveway. Planning Director Hotchner briefed the Council on the question of adequacy of the turning and backing area and adequacy of provisions to ensure tido-way drive would not be blocked. 401 City Traffic Engineer George Gerth questioned the maneuverability of trucks any larger than a small pickup or van. He felt that the difficulty trucks would have would probably result in on -street parking. Mr. Andrew Ring, representing the owner, gave a chart demonstration of how he felt the trucks could �T easily maneuver. The Council also heard from Mr. Marvin Losk, one of the owners of the building, who explained their desire to adapt the building to the tenants, for whom they need the separate doors. The public hearing was declared closed. After discussion, Councilman Jensen moved, and Councilman Miskimen seconded, that the appeal be up- held with the three conditions as recommended by staff: 1) The doors shall be a miniumu 15'8" wide; 2) The drive shall be red curbed and "no parking both sides" signs shall be installed; and 3) Each tenant along the easterly face shall be required to have a second door through to another side of the building and shall have assigned parking spaces on that side. The owner shall be required to pro- vide a diagram of the building space to be used and a m ap of the assigned parking spaces to each potential tenant to be submitted with their application for a business license, or the license will not be approved by the Planning Department. Under question, Mr. Ring was asked if he agreed with the conditions and he replied he had no objection to the conditions. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PLANNING COMMISSION'S RECOMMENDATION ON MARIN YACHT CLUB - File 2-8-6 City Manager Bielser reported that no reply has been received as yet from the Board of Supervisors to letter advising them of the City's interest in the property in question. Mayor Bettini declared the Public Hearing opened. Mr. Bud Weisenburg, a member of the Board of Managers of the Porto BEllo Association, spoke of the interest the various homeowners groups have in preservation of the area as open space. He asked that the matter of acquisition be continued for at least one month, to hear from the homeowners' groups, the County of Marin, and the State Lands Commission. Attorney for the Yacht Club, James Tarrant, said they cannot afford to delay the planning process any longer, and asked that the matter of rezoning to PUD R-1 be referred back to the Planning Commission with the request that they rezone. He felt this would not preclude the City from taking their action in the meantime. Kathy Whitten of Porto Bello, and Stan DeGreeve and Kenneth Butler of Country Club Homeowners also spoke of their interest, and agreed they would like additional time to be able to provide input. There will be a meeting of the Country Club Association on January 21st, after which they will be able to respond decisively. Mayor Bettini declared the Public Hearing closed. City Attorney Connick stated that he concurred with Mr. Tarrant's recommendations that the matter be referred back to the Planning Department and that the two actions could parallel each other. Councilman Mulryan stated that he agreed with this action and so moved. Councilman Miskimen seconded the motion. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING ON PROPOSED HOUSING AND COMMUNITY DEVELOPMENT ACT THIRD YEAR FUNDS - FILE 147 RESOLUTION NO. 5242 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RENEWING AND RATIFYING THE COOPERATION AGREEMENT WITH THE COUNTY OF MARIN REGARDING THE USE OF HOUSING AND COMMUNITY DEVEL- OPMENT ACT OF 1974 FUND AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5243 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING PROJECT PRIORITIES UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon,and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Mulryan left the meeting. RE: FINAL ADOPTION OF ORDINANCES - File 13-14-1/10-3/13-8 a. CHARTER ORDINANCE NO. 1245, Conveyance of Public Property to Marin County Open Space District 402 (one acre of Dollar Estate), was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Councilman Mulryan returned to the meeting. b. CHARTER ORDINANCE NO. 1246, Amending Zoning Map to Reclassify Property at 675 Fourth Street to C-2 (General Commercial) District from M (Heavy Commercial and Manufacturing) 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 c. CHARTER ORDINANCE NO. 1247, Amending Title 8 - "Morals and Conduct" of the San Rafael Municipal Code by Adding a New Chapter 8.06 Thereto Entitled "Bingo Games", 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 I Councilman Jensen left the meeting. 1 Mr. Bruce Egnew stated that he wished to speak as an interested private party to request that the ordinance not be adopted at this time. He cited pending amendments in State legislation on bingo, and read a paper citing nine specific objections. Councilman Mulryan made a motion to rescind the Council's previous action on the ordinance. Motion seconded by Councilman Nixon. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen 3 Councilman Jensen returned to the meeting. CHARTER ORDINANCE NO. 1248, Amending Chapter 8.04, Gambling, Section 8.04.040, Exceptions of the San Rafael Municipal Code, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON COUNTY RETIREMENT SYSTEM MATTERS - File 7-9 After discussion, Councilman Mulryan moved and Councilman Nixon seconded that the Council approve a 1% cost of living increase for retired personnel, with the understanding that the program can be ad- ministered by the County. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Jensen CHARTER ORDINANCE NO. 1249 - 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 Administra- tion of the California Public Employees' Retirement System was read, introduced and ordered passed to print by the following vote, to wit: FILE 7-1-2* e -s' AYES: COUNCILMEN: Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAIN: COUNCILMEN: Jensen Mayor Bettini left the meeting; Vice -Mayor presided. RE: REPORT ON BID OPENINGS - VEHICLES - File 4/2/119/120/121/122/123 Councilman Nixon moved for adoption of the staff recommendation on bids. Motion seconded by Council- man Jensen. RESOLUTION NO. 5244 - RESOLUTION AUTHORIZING PURCHASE OF CERTAIN ITEMS AND AUTHORIZING DIRECT NEGOTIATION FOR TWO DUMP TRUCKS AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Vice -Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 403 f RE: REPORT ON ACCELERATED PUBLIC WORKS ACT FUNDING, SEWER PROJECT - File 9-3-40 Councilman Jensen moved and Councilman Nixon seconded, to accept staff recommendation that the Mayor and City Clerk be authorized to sign appropriate documents necessary for securing the grant award under the Accelerated Public Works Act, and that an engineering contract be negotiated in preparation for bidding for reconstruction of various existing sanitary sewer lines within the City, as outlined in staff report. RESOLUTION NO. 5245 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL IN REGARD TO NOTIFICATION OF AN AWARD BY THE ECONOMIC DEVELOPMENT ADMINISTRATION. AYES: COUNCILMEN: Jensen, Miskimen, Nixon, and Vice -Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: DISCUSSION OF SIGN ORDINANCE REVISIONS - File 125 Planning Director Hotchner reported that the subcommittee is working on details with staff assistance; he does not know when it will come before the Planning Commission. Councilman Mulryan requested that, when the ordinance revisions are completed, the Council be given an outline of the policy changes rather than a complete draft. Mayor Bettini returned to the meeting. RE: REPORT ON NEIGHBORHOOD STANDARDS ORDINANCE - File 153 The Council directed staff to disseminate copies of the proposed ordinance to homeowners' groups, with a check -list form to assist them in determining which are the most worthwhile and least worthwhile items within the proposed ordinance. The draft will then be discussed at a later date. Councilman Nixon left the meeting. RE: STAFF REPORT ON COUNTY AMBULANCE SERVICE AGREEMENT - File 9-3-31 Chief Marcucci reported on his concern regarding delegating of medical responsibility by County of Marin to ambulance attendants within the City limits, which has caused conflict with the Fire Depart- ment's trained medical personnel. Chief Marcucci was requested to confer with the County's Emergency Health Service Officer in an ef- fort to reach a satisfactory solution to the problem. Councilman Nixon returned to the meeting. RE: DETERMINATION OF COUNCIL POLICY REGARDING MANPOWER COMMISSION PROPOSALS - File 4-13-41 Staff recommended that since, at the 1976 Congressional session, additional funds were budgeted for continued employment of personnel hired under CETA presently working, and additional funds for hiring of new employees, that the Council endorse the proposition that frozen positions be given first priority for being refilled; and that the Council urge the Manpower Commission to recommend removal of the freeze when future vacancies occur, to allow the refilling of existing positions. Councilman Nixon moved, and Councilman Mulryan seconded that staff recommendation be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM ONTARIO, CALIFORNIA, REGARDING CITIZEN LISTS - File 9-5-0 Council reviewed copy of ordinance from Ontario, California, objecting to and requesting termination of the practice of the Department of Motor Vehicles to sell information from its records concerning registration of any motor vehicle, including names and addresses of individuals. Referred to staff and City Attorney to check out this practice and report back. RE: RESOLUTION ON AGREEMENT FOR BELLAM BLVD. ROADWAY IMPROVEMENTS - File 11-15-1 RESOLUTION NO. 5246 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE BELLAM BLVD. ROADWAY IMPROVEMENTS PROJECT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, January 17, 1977, at 8:00 PM. ],�)z ,, d /, MARION A. GRADY, City Cler APPROVED THIS DROF 4 , 1977. 444 In the Council Chambers of the City of San Rafael, Monday, January 17, 1977, at 8:0 Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Council John A. Miskimen, Counc Lawrence E. Mulryan, Co Jack G. Nixon, Councilm Also Present: William J. Bielser, City Manager; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Miskimen, seconded by Councilman Jensen, to approve the recommended action on the following Consent Calendar items: Item Approval of Minutes of December 13 & 20, 1976. Resolutions re Acceptance of Property Purchases under CSA #23 - File 2-1-51 a. Turski Parcel (20.5 Acres) b. DeLong Parcel (57 Acres) Recommended Action Approved as submitted. RESOLUTION NO. 5247 adopted. ACCEPTANCE OF GRANT OF ONE-HALF (1/2) INTEREST IN REAL PROPERTY (Turski Parcel) RESOLUTION NO. 5248 adopted. ACCEPTANCE OF GRANT OF ONE-HALF (1/2) INTEREST IN REAL PROPERTY (DeLong Parcel) Joint Use Agreement with PG&E - East San Rafael RESOLUTION NO. 5249 adopted. AUTHORIZING EXECUTION Draiinage Assessment District No. 1 - File 6-22 OF A JOINT USE AGREEMENT WITH PACIFIC GAS AND ELEC- TRIC COMPANY FOR ELECTRIC TRANSMISSION FACILITIES, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1. Resolution Authorizing Restoration Funds for Falkir - File 4-3-67 RESOLUTION NO. 5251 adopted. APPROVING THE APPLICA- TION AND THE PROJECT AGREEMENT FOR HISTORIC PRE- SERVATION GRANTS-IN-AID FUNDS FOR THE FALKIRK RESTORATION PROJECT AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon left the meeting. Motion by Councilman Jensen, seconded by Councilman Miskimen, to approve the recommended action on the following Consent Calendar item: Resolution Authorizing the Signing of an Agreement RESOLUTION NO. 5250 adopted. with Marin Sanitary Service. File 4-3-32 AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin Sanitary Service - Fifth Amendment to Agreement) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon FINAL ADOPTION OF ORDINANCE NO. 1249, 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 EM - Charter Ordinance No. 1249 - 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 Ad- ministration of the California Public Employees' Retirement System, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: ARCHITECTURAL REVIEW OF PRELIMINARY PLANS, SPECIFICATIONS AND COST ESTIMATES FOR FIRE STATION CIVIC CENTER - File 9-3-31 x &-}--H 4_:�-65, City Manager Bielser reported that the architect was not present, since it had been found that a 42" storm drain line had been found by the soils engineers, which bisects the property diagonally and virtually eliminates the possibility of constructing a building of that size on that site. Therefore, the preliminary plans must await a decision on what can be done about the problem. The County has been informed, and they will cooperate, since they are anxious to have the building constructed. Relocation of the line would cost from $5,000 to $10,000, in order to make room for the station. Mr. Bielser suggested the Council consider joint funding on a 50/50 basis with the County. The item is on the Board of Supervisors' agenda for Tuesday, January 18th. The only alternatives to relocating the line would be to put the building at the back of the property, or seek a new site. The architect will be present at the February 7th Council meeting. After discussion, Councilman Jensen moved and Councilman Mulryan seconded, to accept the recommenda- tion of the City Manager regarding moving the line. 405 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM MARIN COALITION RE MARIN MUNICIPAL WATER DISTRICT WATER ALLOCATION PROGRAM - File 151 There were no representatives from Marin Coalition present to discuss the matter; it was established that they had been notified that the matter would be discussed at this meeting. Mr. David Greenlee of Marin Builders Ecchange expressed interest in discussing the matter; however, the Council decided to contact the Marin Municipal Water District to arrange for a workshop meeting to discuss their pro- posed ordinance, preferably on Monday, February 14th, at either 5:00 or 7:30 PM. The City Manager was requested to make the arrangements and report back at the February 7th Council meeting. RE: COMMUNICATION RE CABLE TV SERVICE IN FAIRHILLS - FILE 130 X 9-7 Mr. Stewart L. Ross of Fairhills spoke of the lack of cable TV in Fairhills and stated it should have been installed when the rest of the City was getting it. There followed discussion of undergrounding the lines, possible costs, and also the number of homes which might be involved. Mr. Neil McHugh of Tele Vue agreed to do a complete survey of the homes in Fairhills, and attend the February meeting of the Fairhills Homeowners Association to see what can be done. He was asked to re -estimate the cost of installation and notify staff and the Council of the results. RE: COMMUNICATION FROM UNITED CEREBRAL PALSY ASSOCIATION - FILE 104 The Council considered a request from United Cerebral Palsy Association for permission to hold their fifth annual Walk-aThon and first annual Book-a-Thon on April 30, 1977. Councilman Mulryan moved, and Councilman Miskimen seconded, that the request be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REFUSE COLLECTION RATE JURISDICTION, LAS GALLINAS BASIN - File13-2 Question of whether the Las Gallinas Valley Sanitary District Board of Directors should have rate regulation control for refuse collection services within the corporate limits of San Rafael was dis- cussed, and it was agreed that the Council will pose some questions to the Board. After receiving the Board's response, the two groups may then meet for discussion. RE: COMMUNICATION FROM CITY OF NOVATO REGARDING HAMILTON FIELD - File 9-2-18 Motion by Councilman Miskimen, seconded by Councilman Nixon, that the Council support the City of Novato's contention that the County's Airport Land Use Commission whould remain an independent Com- mission and not be incorporated in to the County Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED ORDINANCE FOR THIRD STREET PARKING LOT OPPOSITE LINDARO STREET - File 2-1-58 x 11-18 An Ordinance of the City of San Rafael Amending Title 5, Traffic Regulations, Chapter 5.60 Parking Meters, by Adding Areas of Parking to Sections 5.60.010(b); 5.60.068(a); 5.60.068(b); 5.60.070(a) and 5.60.979(b), and numbering Charter Ordinance No. 1250, 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: MEETING DATE CONFLICT IN FEBRUARY BETWEEN CITY COUNCIL AND PLANNING COMMISSION - File 9-1 Planning Director Hotchner pointed out that February 21, 1977 which would normally be a Council meet- ing date falls on a holiday. Since State law provides that in such case the Council should meet on the following day, which would be a regular Planning Commission meeting date, Director Hotchner asked for a decision from the Council so that, if necessary, the Planning Commission could reschedule their meeting. It was agreed upon that the second Council meeting in February will be held on Tuesday, February 22, 1977. RE: STATUS REPORT, MASSAGE PARLOR ORDINANCE - File 9-10-3 City Manager Bielser reported that this draft of the ordinance is being staffed and he would appre- ciate any comments the Council may have. He will then work with the City Attorney and staff. The draft should be back before the Council in approximately 30 days. RE: STATUS REPORT, US 101 BILLBOARD. POSSIBE CONDEMNATION - File 3-6 Various methods of eliminating the billboard in question, adjacent to Highway 101 in San Rafael, were discussed. Real Estate Officer Edward Ward was requested to look into the possibility of acquiring I 400 the property as open space in order to accomplish this. City Attorney Connick reported that there is an action pending, to condemn it as a public nuisance, with a probable trial date within six months. RE: COMMUNICATION FROM MIKE SMITH RE LUCAS VALLEY ROAD INTERCHANGE - File 11-16 In connection with the proposed CALTRANS - Lucas Valley Road Interchange Improvement Project, staff has recommended that the Council approve the policy that the City retain the option to call for con- struction of the on-ramp at such time the development in the area warrants it. After discussion, Councilman Miskimen seconded, that the Council follow the recommendation of staff. Also, that the lease with Le Chateau should preferably be from year to year. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM STATE LANDS DIVISION RE CANAL DREDGING AND MARINA IMPROVEMENTS - File 12-20 x 12-10 Director of Public Works will investigate what will be required for a dredging permit from State Lands Commission for dredging of the San Rafael Canal. City Manager Bielser reported they had heard today from the State Navigation and Ocean Development Com- mission asking that the Council make a statement of determination to proceed with the marina project, which is a step they require as part of the budget hearings with the legislative analyst on the loan appropriation which will be in the budget. This will be brought before the Council at the next meet- ing. ,RE: REPORT OF CULTURAL AFFAIRS COMMISSION ON MENZIES PARKING LOT - File 2-1-53 Mrs. Mary Dekker, Chairman of the Cultural Affairs Commission, voiced the Commission's concern about the plan for the Menzies parking lot calling for the removal of several sycamore trees at the curb. They feel that a stop sign be installed on Mission Avenue instead. Public Works Director Caillouette cited the safety factor for cars exiting the proposed parking lot, since the trees would block the drivers' view of oncoming traffic. Mrs. Dekker asked could they wait for the Falkirk Master Plan to be competed before cutting down any trees. After further discussion, it was agreed that Mr. Bruce Judd of Charles Hall Page & Associates, con- sultants for the restoration of Falkirk, should either send a letter or appear in person at the Febru- ary 7th meeting so the matter can be resolved. RE: PETITION FOR WRIT OF MANDAMUS - File 3-1-254 New law suit, filed by a member of the Fire Department, challenging the decision of the Board of Review and the Council with respect to disciplinary action. The City Manager stated that, while this matter has not been handled by Mr. Breiner, all of the related matters were. He has discussed this vrith the City Attorney, who has no objection to the use of outside counsel for this case. After discussion, Councilman Jensen moved and Councilman Nixon seconded that outside counsel be authorized for this matter. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Adjourned to Monday, February 7, 1977, at 8:00 PM. MARION A. GRADY, City C erk ,...OVED THIS -7,elK D► 407 In the Council Chambers of the City of San Rafael, Monday, February 7, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Mulryan, to approve the recommended action on the following Consent Calendar items: Item Recommended Action Approval of Minutes of January 3 and 17, 1977 Approved as submitted. Claim for Damages - Dr Anthony Peter Sabatasso- Denied and referred to insurance carrier. File 3-1-271 Resolution Authorizing the Signing of an In- surance Release - Michael M. Fedoroff. File 3-1 Reversion to Acreage of Lots 46, 47, 48, 49, 59 and 60 - Bahia de Rafael Industrial Park. File 5-1-233 RESOLUTION NO. 5252 - AUTHORISING THE SIGNING OF AN INSURANCE RELEASE (Michael M. Fedoroff) Public Hearing set for Meeting of February 22, 1977. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: HANDICAPPED MATTERS - File 13-1 (Item not on Agenda) Mrs. Louise Sousa addressed the Council on problems she was having regarding handicapped parking spaces in private parking lots. She was informed that the City has no jurisdiction on private prop- erty and that signs and parking restriction enforcement must be worked out with the property owners. Mrs. Sousa questioned the handicapped symbols on the doors of the Community Center, stating that in her estimation the handicapped facilities were not up to standard. It was explained that most of the modifications hse had requested had been taken care of, and that at the time the building was constructed the standards at that time were followed closely. The City Manager •;vas requested by the Council to ehck on the present standards, and determine if the stickers should remain on the Center doors. RE: FINAL ADOPTION OF ORDINANCE NO. 1250, AMENDING TITLE 5, TRAFFIC REGULATIONS, CHAPTER 5.60, PARK- ING METERS - File 11-18 x 12-14 CHARTER ORDINANCE NO. 1250 - An Ordinance of the City of San Rafael Amending Title 5, Traffic Regula- tions, Chapter 5.60 Parking Meters, by Adding Areas of Parking to Sections 5.60.010(b); 5.60.068(a); 5.60.068(b); 5.60.070(a) and 5.60.070(b), 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: PARKING ON MENZIES PARKING LOT - File 2-1-53 Report accepted. Minimum number of trees to be removed, as necessary for property safety of vehicles exiting parking lot. RE: REPORTS OF PARKS AND RECREATION COMMISSION: a. DOG TRAINING AREAS - File 13-3 After discussion, Councilman Nixon moved and Councilman Miskimen seconded, that the City Attorney be instructed to prepare an appropriate ordinance to amend the leas law, to allow dogs to run unleased in a designated portion of the Civic Center Lagoon area. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Manager Bielser suggested that alternate dog run locations be delayed until there is some ex- perience with the one which has been approved, to determine the need for additional areas, as suggested by staff. The Director of Parks and Recreation for the County will be requested to monitor the usage and report back. Councilman Mulryan moved and Councilman Jensen seconded that the one area be tried and, if the supply exceeds the demand, other areas could then be looked into. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None b. RESTROOMS AT PICKEWEED PARK - File 2-1-55 After discussion of the necessity for temporary restroom facilities pending development of the Pickle; weed Park area, Mr. Miskimen moved and Mr. Nixon seconded that checmical toilets be installed at Pickleweed Park. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None c. PROPOSALS FOR TEEN PROGRAM EXPANSION - File 9-3-65 Mr. Mulryan moved and Mr. Miskimen seconded, that $1,500 be appropriated from Revenue Sharing funds for the short range Teen Program including $1,200 for two Teen Leaders for a 20 -week period to pro- vide a program at the Terra Linda Recreation Center, and expenditure of $120.00 for a Table Soccer Game and $190.00 for a Table Air Hockey Game. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None d. SPRING RECREATION PROGRAM BROCHURE RATIFICATION - File 9-3-65 Councilman Miskimen moved and Councilman Mulryan seconded, that the Spring Recreation Program brochure be approved as presented. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None e. RECOMMENDATIONS RE ALBERT PARK/DAVIDSON SCHOOL/SAN RAFAEL HIGH SCHOOL MASTER PLAN - File 4-3-66 Staff report was accepted as presented. Plan to be again reviewed at the meeting of February 22nd or March 7th. f. RECOMMENDATION RE ADULT SOFTBALL RULE CHANGES -File 9-3-65 Councilman Jensen moved and Councilman Miskimen seconded, that the Council accept the Adult Softball Rules and submitted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PICKLEWEED PARK - STAFF REQUEST FOR CLARIFICATION OF ASSIGNMENT - File 2-1-55 After Council discussion with staff, and with Mrs. Pauline Haro of the CSA 26 Advisory Board, staff was requested to meet with the Advisory Board to discuss financing and development of Pickleweed Park, using the last plan (No. 4) which had been discussed and which included 8 acres, with a small recrea- tion building and other facilities, with an estimated cost of approximately $600,00. Councilman Miskimen stated that two members of the Council should attend the meeting, and he and Councilman Mulryan indicated they would like to be notified when the meeting would take place. Mayor Bettini said any Council members who wish to may attend. RE: REPORT ON MARIN YACHT CLUB PROPERTY - File 2-8-6 The City Attorney was directed to contact the State Lands Commission, for a reply stating their deci- sion regarding the property in question. The information is to be transmitted to homeowners' acquisi- tions by the staff, who will meet with officers of homeowners' associations and attempt to develop a financing package. The County is to be informed of any financing plan which is developed, since they indicated that if such a plan was developed they would consider making some contribution. When such a financing plan is developed, the plan is to be presented to the Council. RE: PRESENTATION OF CIVIC CENTER FIRE STATION PRELIMINARY PLANS - File Architect Bob Arrigoni gave a presentation, with drawings, of the proposed fire station. Councilman Mulryan moved and Councilman Miskimen seconded, to approve the preliminary design of the fire station and have the budget increased to meet the anticipated cost, and also that a presentation be made before the Board of Supervisors. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Miskimen then moved, and Councilman Jensen seconded, that the plan be referred to the Fire Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON GLENWOOD TENNIS COURTS - File 9-3-65 The Council heard from Glenwood residents, who favored a location in the open area off Marin Drive for the courts, and from Bayside Acres residents who favored one court in the "nature area". At the request of Chairman Love of the Parks and Recreation Commission the matter was referred to the Commission for their meeting of February 17th, and a report back to the Council at their meeting of February 22nd. (Mayor Bettini left the meeting. Vice -Mayor Mulryan presided for the balance of the meeting.) RE: MAINTENANCE DREDGING OF THE SAN RAFAEL CANAL - File 12-10 It was duly moved and seconded that the Council concurred with the staff recommendation that the mat- ter be referred to the Canal Committee with a request that the Committee be responsible to organize the interested Canal property owners. AYES: COUNCILMEN: Jensen, Miskimen, Nixon, and Vice -Mayor Mulryan NOES: COUNCILMEN: None ABSENT:O0ONCILMEN: Mayor Bettini (Mayor Bettini returned to the meeting) RE: EXPIRING TERMS OF VARIOUS BOARDS AND COMMISSIONS - File 9-2-5, 9-2-3, 9-2-24 The Council reviewed the staff report regarding expiring terms of the following Commissioners and Board Members: Fire Commission: Clifford P. Elbing and Jim Kean, both terms expiring in March, 1977 Library Board of Trustees: Elizabeth Merriman, Chairman, and Clarice T. Kraemer, both terms expiring in April, 1977 Cultural Affairs Commission: Mary Dekker, Chairman; Daniel Mardesich, Vice -Chairman; Ann Batman; Helga Epstein, and Patricia Meyer, all terms expiring in April, 1977 r- (Mayor Bettini moved and Counclman Jensen, seconded, that all members of the respective commissions be reappointed to their respective terms. 1AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan and Mayor Bettini NOES: COUNCILMEN: Nixon ABSENT: COUNCILMEN: None Councilman Nixon favored interviews with commissioners to discuss accomplishments, rather than reap- pointment in this manner. Mayor Bettini stated he felt that since all of the commissioners are doing an excellent job, this procedure is proper. Mayor Bettini then moved and Councilman Jensen seconded, that the Cultural Affairs Commission stagger their terms so they will not all expire at the same time, so that two commissioners will at this time have three-year terms and three commissioners will have four-year terms, their terms to be determined by lot. Thereafter, all terms will be for four years. AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan and Mayor Bettini NOES: COUNCILMEN: Nixon ABSENT: COUNCILMEN: None RE: REPORT ON PROPOSITION 2 - STATE AND COASTAL PARKS BOND ACT - File 12-15 Staff recommended that the funds be requested in conjunction with the County on a per capita basis of the cities and unincorporated areas of Marin. Total amount involved is approximately $820,570. Councilman Jensen moved and Councilman Miskimen seconded, that the Council accept the staff recommenda- tion. AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION RE PROPOSED WATER DISTRICT INITIATIVE - Fil.e 151 The Council discussed having the City Attorney analyze the resolution, and Mayor Bettini mentioned that there is also a resolution from the Marin County Council of Mayors and Councilmen which came up at their last meeting. City Manager Bielser said he has sent for copies of that resolution and planned on having it for the February 22nd meeting. Councilman Miskimen moved and Mayor Bettini seconded, that the City Attorney analyze the two resolu- tions and be prepared to discuss them at the February 22nd meeting. AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 410 RE: CERTIFICATION OF LEVEL VI SERVICE, CABLE TV - File 9-7-4 Staff report indicated that if all improvements are in place the original contract with Tele-Vue calls for: The granting of a rate increase effective within thirty days after the certification, and con- tinuing for a three y-ar period; and also renewal of the franchise. Mayor Bettini moved, and Councilman Nixon seconded, that staff be authorized to begin certification of Level VI services. AYES: COUNCILMEN: Miskimen, Vice Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None RE: MARIN MUNICIPAL WATER DISTRICT WATER ALLOCATION ORDINANCE EVALUATION - File 151 The Council heard remarks on the ordinance from Mr. David Greenlee of Marin Builders Exchange and Vice - Mayor Mulryan asked that he put his remarks in writing. Irem continued to February 22, 1977 meeting. RE: CORRESPONDENCE FROM SAN RAFAEL COMMITTEE ON MEASURE "H" - File 9-4 Request from the San Rafael Committee for Measure "H", that they be granted permission to have infor- mational display tables manned by senior citizens, set up at the San Rafael Community Center and at the San Rafael Library. Councilman Nixon moved and Councilman Miskimen seconded, that the request be approved. AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FROM RED CROSS - File 9-5-R (Add Item) Vice -Mayor Mulryan announced that there had been a request from the Red Cross that their flag be dis- played in the City Hall during the month of March. Councilman Jensen moved and Councilman Nixon seconded, that the request of the Red Cross be approved. AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION NO. 5253 - ACCEPTING Item )NVEYANCE OF REAL PROPERTY - PICKLEWEED PARK - File 2-1-55 (Add RESOLUTION NO. 5253 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (GOVERNMENT CODE SECTION 27281) KNOWN AS: THE PURDY PROPERTY (A.P. #9-032-06, 07, & 09) AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: RESOLUTION NO. 5254 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT WITH ECONOMIC DEVELOPMENT ADMINISTRATION - File 4-10-100 RESOLUTION NO. 5254 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Economic Development Administration, U.S. Department of Commerce, for a grant not to exceed $677,000 to provide financial assistance for the reconstruction of sanitary sewer lines.) AYES: COUNCILMEN: Jensen, Miskimen, Vice -Mayor Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss property acquisition. Adjourned to Tuesday, February 22, 1977, at 8:00 PM. MARION A. GRADY, City Clerk" APPROVED THIS DAY OF 2-u` : 1977. 61& MAYOR OF THE CIT OF SAN RAFAEL 411 In the Council Chambers of the City of San Rafael, Tuesday, February 22, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Mulryan, seconded by Councilman Miskimen, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of February 7, 1977 meeting. Approved as submitted. Claim for Damages - Charles J. and Barbara L Eaton - File No. 3-1-270 Report on Police Pistol Range Lease. File 2-9-1 Denied and referred to Insurance Carrier. RESOLUTION NO. 5259 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With San Rafael Sanitation Dis- Trict) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - Mayor Bettini declared the Public Hearing opened. Mr. Donn Nissen, Planning Commission Chairman, stated he feld the Council should send their recommenda- tions to the Planning Commission for hearing, since this proposal has changed considerably since it was heard by the Planning Commission. Since the Planning Commission meeting will be held February 24th, there will not be undue delay. Mr. Robert Greene agreed to this, after assurance from the Council that if the Planning Commission does not act favorably Mr. Greene will have automatic appeal, to be heard at the special Council/Re- development meeting to be held February 28th. The Public Hearing was closed. Councilman Nixon moved and Councilman Jensen seconded, that the Council approve the concept and refer the matter to the Planning Commission to take up Thursday evening, February 24th, with automatic ap- peal to be taken up, if necessary, at the meeting of February 28th. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 47 & 48 PUBLIC HEARING - REVERSION TO ACREAGE IN BAHIA DE RAFAEL INDUSTRICAL PARK - LOTS 46,/49, 59 AND 60 - File 5-1-233 Mayor Bettini declared the Public Hearing opened. There being no public input, the Public Hearing was closed. Councilman Mulryan moved and Councilman Miskimen seconded, that the reversion to acreage be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - REZONING, 4100 REDWOOD HIGHWAY (A.P. #155-190-02 & 03) FROM P -C (PLANNED COMMUNITY DISTRICT) TO C-1 REST,1ICTED COMMERCIAL DISTRICT). INITIATED BY CHARLES BELL ET AL; REPRESENTED BY ALTON COX - File 10-3 Mayor Bettini declared the Public Hearing opened. There being no public input, the Public Hearing was closed. An ordinance amending the Zoning Map of the City of San Rafael, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael so as to reclassify certain real property from P -C (Planned Community) District to C-1 (Restricted Commercial) District, and numbering Charter Ordinance No. 1251, 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 412 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (V76-22) 72-SOUARE 179-104-01 & 03 - File 10-4 Mayor Bettini declared the Public Hearing opened. FREESTANDING SIGN, P -C DISTRICT; AP Mr. Thomas C. Thatcher, Vice President of the Bubble Machine stated he felt that the two 36 -foot signs recommended by the Planning Commission would not be sufficient for motorists on the highway to see in time to make the off ramp, and for this reason they are asking approval of a variance in order to have a 72 square foot free standing sign. Mayor Bettini declared the Public Hearing closed. After discussion, as a preface to a motion, the Council then made the following findgs: That there are exceptional or extraordinary circumstances; that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; and that that the granting of such application for variance will not, under the circumstances, materially adversely affect the health or safety of persons within the community. Councilman Mulryan then moved that the variance be granted, with no other free-standing signs in addition to this one. Motion seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON ALBERT PARK/DAVIDSON SCHOOL MASTER PLAN - File 4-3-66 Council is awaiting word from the School District regarding their reaction to the City/School Liaison Committee's proposal that the Schools' contribution to this project be made in the form of surplus land since money is a problem. When this has been resolved, the Parks and Recreation Commission will then conduct public hearings. RE: REPORT ON FALKIRK RESTORATION PROGRAM - File 4-3-67 The Council heard from Mr. Bruce Judd of Charles Hall Page & Associates, on their recommendations for the first stage of the restoration. Following discussion, the matter was referred to the Cultural Affairs Commission for their recommenda- tions on the priorities for the restoration project and any additional input on the proposal. RE: REPORT ON HANDICAPPED FACILITIES -File 13-1-1 The Council accepted the staff report which indicated additional handicapped parking spaces having been installed in City -owned parking lots; and that the State Department of Rehabilitation does not have a program for certifying public buildings as having met their requirements. RE: GLENWOOD TENNIS COURTS - File 9-3-65 Staff reported that in addition to the five items agreed upon for recommendation to the City Council by the Parks and Recreation Commission, wind screens will be constructed. There was discussion about the underground conduit for future lighting, and Parks and Recreation Commission Chairman Wm. A. Love explained that these would be utility lines for the future and would be installed and stubbed out. Mr. Love also indicated that a provision should be included for future landscaping of a screening nature, when water is once again available. Councilman Jensen moved, Councilman Miskimen seconded, that the recommendations of the Parks and Recrea- tion Commission and staff be accepted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Miskimen left the meeting) RE: REPORT ON CABLE TV - File 9-7 x 9-7-4 A. COMMUNICATION FROM MR. STEWART ROSS RE FAIRHILLS CABLE TV After hearing from Mr. Stewart Ross, and from Mr. Neil McHugh of Uele-Vue, the matter of bringing Cable TV to Fairhills area was continued to the March 7, 1977 Council meeting. B. TELE-VUE REQUEST FOR CERTIFICATION, LEVEL VI RESOLUTION NO. 5255 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING LEVEL VI RATES FOR CABLE TELEVISION. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen Councilman Jensen requested that the Council hold up on extension of the Tele-Vue ten-year franchise until the Fairhills matter is settled. 413 RE: REPORT OF CITY ATTORNEY ON WATER ALLOCATION PROGRAM - File 151 Continued to a future date, as yet undetermined. RE: SAN ANSELMO'S RESOLUTION ON WATER ALLOCATION - File 151 Continued to a future date, as yet undetermined. (Councilman Miskimen returned) RE: PROPOSED MASSAGE PARLOR ORDINANCE - File 9-10-3 Deferred to March 21, 1977 meeting. Meanwhile, City Attorney is to confer with interested massage practitioners on revisions to certain wordking within the draft. RE: AMENDMENT TO LEASH LAW, CIVIC CENTER LAGOON -File 13-3 Parks & Recreation Commission Chairman Wm. A. Love requested that the draft of the ordinance be amended to include: 1) To state that the working area will be in the confines of the posted area; and 2) That supervision and control are not adequate terms and wording should be revised to "immediate voice and sight control of the owner" City Attorney was directed to make the necessary revisions and present the draft of the ordinance at the March 21, 1977 Council meeting. RE: COMMUNICATION FROM NEIGHBORHOOD 13 ASSOCIATION RE OPEN SPACE - File 13-14-1 Deferredto the March 7, 1977 City Council meeting, at request of the Association. RE: REQUEST FOR ACTION REGARDING THE CITY/COUNTY PLANNING COUNCIL - File 4-13-24 Council reviewed a communication from the City of Larkspur regarding Hamilton Air Force Base Planning, and suggesting that possibly the City/County Planning Council could be reactivated to study and evaluate alternative land uses for that area. The Council also reviewed a communication from the City of Novato asking that the Council not endorse the reactivation of the CCPC for this purpose; and a letter from City of Tiburon indicating that they advocate County and City staffs jointly prepare a common formula for sharing of block grant funds, possibly through reactivation of the CCPC. After discussion Councilman Miskimen moved and Councilman Jensen seconded, that the Council take the position that they are opposed to reactivation of the City/County Planning Council, believing that there should be another method of solving the problem. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PF. RFPnRT nN WATER rnNCFPVATTNN - Fila 1;1 x 1.�-S Report accepted after review. Councilman Miskimen moved and Councilman Nixon seconded the recommendation in the staff report that the City Council initiate an effort to enlist support from the Board of Supervisors and all Marin County cities and fire districts to petition appropriate state authorities for the assignment of an aerial tanker at Hamilton Field for the fire season, since the tanker could be brought in to play immediately to quickly snuff out grass and wildland fires before they get out of hand, and thereby conserve precious water. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR CONSIDERATION OF BEVERAGE CONTAINER DEPOSIT ORDINANCE FROM CITY OF TIBURON - File 155 Mr. Mulryan moved and Mr. Miskimen seconded, that the City take the position that we favor the beverage container deposit plan on a County -wide basis and that we would support a uniform action on the part of the various cities with a uniform ordinance, subject to public hearings so all sides of the ques- tion could be heard; a letter to be directed to the City of Tiburon re the stated position. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON FIVE-YEAR F.A.U. PROGRAM - File 11-15-1 Staff recommended that the proposed program not be approved, on the basis that the Second/Third Street is a major traffic corridor and should receive some F.A.U. funds to help alleviate existing traffic problems. After discussion Councilman Mulryan moved and Councilman Miskimen seconded, that the program be ac- cepted, with a letter to the County stating that the City objects specifically to the ranking as far as the Second & Third Street project is concerned, because the City feels it should rank higher than parking lots and bus turn -outs, and similar projects. RESOLUTION NO. 5256 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE FEDERAL -AID URBAN PROGRAM RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: MID -YEAR REVIEW - File 8-5 Report accepted. RE: DISCUSSION OF DEPARTMENTAL REORGANIZATION - COMMUNITY PROJECT -S -7 -File 9-3-65 x 9-3-82 n 7-3 Proposed reorganization creating position of Community Projects Director, to which Andrew J. Snyder, Jr., is to be assigned; Dennis Jauch, Senior Recreation Supervisor, to be assigned as Acting Director of Recreation, replacing Mr. Snyder. Councilman Jensen moved and Councilman Miskimen seconded, that the Council adopt the position descrip- tion for Community Projects Director; confirm the appointments of Dennis Jauch and Andrew J. Snyder, Jr.; and adopt the resolution amending the compensation plan. RESOLUTION NO. 5257 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 1.5 AND 5 OF RESOLUTIONS NO. 4985 AND NO. 5135 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLAENOUS, MANAGE- MENT, CONFIDENTIAL, AND UNCLASSIFIED EMPLOYEES. AYES: COUNCILMEN; Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None AYES: COUNCILMEN: None RE: REQUEST FOR VACATION LEAVE - CITY ATTORNEY - File 9-3-16 City Attorney Harry Connick requested vacation leave commencing February 23, 1977 through March 4, 1977. Fred Robbins, Jr. is willing to serve as needed during that period. Councilman Miskimen moved for approval, seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON CRIME STATISTICS - File 9-3-30 Council reviewed and accepted report on crime statistics from Police Chief Benaderet. RE: REPORT ON TOWING AGREEMENT - File 11-8 x 9-3-30 After reviewing report Councilman Mulryan moved and Councilman Jensen seconded, to adopt Chief Benaderet's recommendation that Doug's Towing Service is not eligible to be on the towing rotation list because of their business practices; and that a procedure should be established as to who can be on the towing list, and reasons for removing companies from the list. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SAN RAFAEL CAYES REZONING (Add Item) - File 10-1 RESOLUTION NO. 5258 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING SAN RAFAEL CAYES TO APPEAR ON BEHALF OF THE SAN RAFAEL CITY COUNCIL FOR THE EXPRESS PURPOSE OF APPLYING FOR A CHANGE OF ZONING FROM P -C to P -D ON ASSESSOR'S PARCELS 9-071-08 AND 9-082-04. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss purchase of land. Adjourned to a special joint meeting with the Redevelopment Agency Monday, February 28, 1977, at 8:00 PM. MARION A. GRADY, City Clerk APPROVED THIS _DAY OF ,1977. _A� 4019a OR OF THE CITY OF SAN'RAFAEL 415 In the Council Chambers of the City of San Rafael, Monday, February 28, 1977, at 8:00 PM. Special Joint Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Fred Robbins, Jr., Acting City Attorney. RE: PLANNING COMMISSION RECOMMENDATIONS REGARDING FIFTH AVENUE SUBDIVISION - File 5-1-235 Councilman Nixon moved, and Councilman Jensen seconded, that the final map be approved for the sub- division at 2346 Fifth Avenue, subject to conditions imposed by the Planning Commission with regard to water. RESOLUTION NO. 5260 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "SHANNON" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None the Council adjourned to executive session to discuss property acquisition. Adjourned in memory of Glenna Shelby, to the next regular meeting March 7, 1977, at 8:00 PM. MARION A. GRADY, City Clerk APPROVED THIS DAY OF 1977. *1411114'a MAYOR OF THE CITY OF SAN RAFAEL r^ 416 In the Council Chambers of the City of San Rafael, Monday, March 7, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman --, Absent: John A. Miskimen, Councilman William J. Bielser, City Manager Also Present: Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Mulryan, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of February 22, and 28, 1977 meetings. Approved as submitted. Mayor Requests Permission to Leave Country. File 9-1 Approved. Extension of Contract Time - East San Rafael Drainage RESOLUTION NO. 5261 - EXTENDING TIME FOR Assessment District No. 2. THE COMPLETION OF CONTRACT (Valentine Corporation) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen PUBLIC HEARING - APPEAL OF DENIAL FOR MASSAGE TECHNICIAN PERMIT - CHRISTINE SANDOVAL - File 9-10-3-1 Mayor Bettini declared the public hearing opened. There being no persons present to speak, the public hearing was declared closed. Councilman Nixon moved and Councilman Mulryan seconded, that the denial be upheld. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: FINAL ADOPTION OF ORDINANCE No. 1251, AMENDING THE ZONING MAP, SECTION 14.15.020 OF THE SAN RAFAEL MUNICIPAL CODE - File 10-3 4100 Redwood Hwy; Charles Bell et al CHARTER ORDINANCE NO. 1251 - An Ordinance amending the zoning map of the City of San Rafael, California, adopted by reference to Section 14.15.020 of the Municipal Code of San Rafael so as to reclassify cer- tain real property from P -C (Planned Community) District to C-1 (Restricted Commercial) District, was 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 3 -b RE: REPORT ON CIVIC CENTER FIRE STATION - File �, 4-13-37 3— The San Rafael Fire Commission reviewed the preliminary plans and have given their recommendation of approval. Marin County contribution to the overage on the project will be $10,000. RESOLUTI©N NO. 5268 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with County of Marin) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUMCILMEN: "lone ABSENT: CUUNCILMEN: Miskimen RE: PROPOSED BEVERAGE CONTAINER DEPOSIT ORDINANCE (Add Item) - File 155 Mr. Cbuck Daniels of Golden Gate Distributors offered his services if and when there is further action on this subject. He mentioned pending legislation in Sacramento with which he is keeping in touch. RE: COMMUNICATION FROM THE TAX EQUITY CHAIRMAN - File 9-12 The Council reviewed a letter from Jean Barnard, Chairman of the Tax Equity Committee of the Marin County Council of Mayors and Councilmen, with a draft of a suggested letter to be included in the 1977 tax bill. Matter was referred to staff for review and comment at the Council meeting of March 21, 1977. RE: SAN RAFAEL BUS TERMINAL FACILITY - File 11-23 Staff report indicated possibility of relocation of the bus terminal, at the recommendation of the Planning Commission, at a site other than Fourth & Netherton, but in that beneral vicinity. The Golden Gate Bridge & Highway Transportation District will work with the City staff, and there is a possibility that a terminal facility may be financed with federal funds and possibly some local contribution. The staff will keep the Council posted on developments. 417 RE: PURCHASE OF OPEN SPACE PROPERTY - TURRINI - File 13-14-1 x 2-1-60 It was noted that the resolution authorizing the purchase should show that the Mayor and not the City. Manager should sign all necessary papers pursuant to the acquisition. i RESOLUTION NO. 5262 - AUTHORIZING THE PURCHASE OF 5.67 ACRES OF OPEN SPACE (A.P.#11-084-41) 1 RESOLUTION NO. 5263 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY KNOWN AS: THE TURRINI PROPERTY (A.P.#11-084-41) AYES: COUNCILMEN Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: RECOMMENDATION OF BIKEWAY FACILITY COMMITTEE - File 9-3-40 x 9-3-45 Council reviewed report of Director of Public Works stating that they will explore all possible methods of providing bicycle safety in the "Irwin Lovell Loop", and that the concepts will be combined with the proposed sidewalk improvement project. RE: DISCUSSION OF CONTINUATION OF URBAN THOROUGHFARE PROGRAM - File 4-13-8 Council reviewed staff report regarding proposal of County of Marin to discontinue this system of tax equity to the cities and shift the revenues from the incorporated areas to the unincorporated areas. RESOLUTION NO. 5264 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ENDORSING CONTINUATION OF THE URBAN THOROUGHFARE PROGRAM BY THE COUNTY OF MARIN. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT OF CITY ATTORNEY ON LIBRARY DEED RESTRICTIONS - File 2-1-25 x 9-3-61 City Attorney's report accepted. File will be kept in City Attorney's office until such time as a change may be desired. RE: COMMUNICATION FROM NEIGHBORHOOD 13 ASSOCIATION RE OPEN SPACE - File 13-14-1 Request from Neighborhood 13 Association for acquisition of Grove Hill and Dollar Hill as open space. Council agreed to take up the matter in Executive Session following the Council meeting. RE: COMMUNICATION FROM SAN RAFAEL CAYES: REQUEST FOR SPECIAL MEETING - File 10-1 Request for special meeting to consider Spinnaker Point rezoning, including soils conditions, develop- ment plans, deed restrictions, etc. Hearing set for April 4, 1977. RE: NOTIFICATION OF GRANT AWARD TO CITY OF SAN RAFAEL FROM THE ROBERTI-Z'BERG ACT - File 9-3-65 Staff recommended that the $27,352 be earmarked toward restoration of Falkirk grounds, possibly in- cluding rebuilding of the lathe house, as a first priority. If Falkirk, for some reason, did not qualify the Albert Park/Davidson School Project would be given second priority. Councilman Nixon moved and Councilman Jensen seconded to adopt Resolution No. 5265, but that the priorities be reversed with the Albert/Park/Davidson School Project first, and Falkirk second. RESOLUTION NO. 5265 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING THE MONIES GRANTED TO THE CITY FROM THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: WAIVER OF ENCROACHMENT PERMIT FEES, GOLDEN GATE BRIDGE AND HIGHWAY TRANSPORTATION DISTRICT - File 2-11 District is requesting a waiver of the encroachment permit fee for the placement of eleven bus shelters located throughout the City. Fee is $25.00 Councilman Jensen moved and Councilman Mulryan seconded, that the fee be waived in this instance. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: LOAN OF HEAVY DUTY STREET FLUSHER TRUCK FOR FIRE FIGHTING - File 13-5 x 4-10-100 Fire Chief Marcucci reported that there is a 2,500 gallon heavy duty street flusher truck available for loan from City of San Francisco, through the Margin County Office of Emergency Services. The i 418 truck would be available from March 10, 1977 for a period of 90 days. Councilman Jensen moved that Mayor Bettini be authorized to sign the necessary agreement. RESOLUTION NO. 5266 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin for Loan of One Heavy Duty Street Flusher Truck) AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen After discussion of fire danger in open space areas, Councilman Mulryan moved and Councilman Nixon seconded, that the Council reaffirm that the City's open space is closed to the public and that this should be communicated to all other cities in the County with the suggestion that they do likewise. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss property acquisiton. Adjourned to Monday, March 21, 1977, at 8:00 PM. MARrON A. GRADY, City Cler APPROVED THIS DAY OF ,1977. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, March 15, 1977, at 5:00 PM. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: RESOLUTION DECLARING CANVASS OF RETURNS - File 9-4 RESOLUTION NO. 5267 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CANVASS OF RETURNS AND RESULTS OF GENERAL MUNICIPAL ELECTION HELD ON MARCH 8, 1977. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SWEARING IN OF NEWLY -ELECTED OFFICERS - File 9-4 City Clerk Marion A. Grady administered the oath of office to Councilman Jack G. Nixon and Lawrence E. Mulryan, re-elected to the City Council, and to Suzanne L. Beittel and Paul K. McMullen, re-elected to the San Rafael Board of Education. RE: DISCUSSION OF COUNCIL REORGANIZATION - File 9-1 After discussion, this matter was continued to the regular meeting of April 4, 1977. The Council adjourned to Monday, March 21, 1977. MARION A. GRADY, City Clerk APPROVED THIS L DAY OF (A/ ,,_J , 1977. .4�%v A444�_ - - MAYOR OF THE CITY OF SAN RAFAEL 419 In the Council Chambers of the City of San Rafael, Monday, March 21, 1977, at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Acting Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Mayor C. Paul Bettini Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Miskimen, seconded by Councilman Jensen, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of March 7, 1977 meeting Claim for Damages - Stephen Carl Warner (File No. 3-1-277) Acceptance of Grants of Easements - Sanitary Sewer Reconstruction Project (File No. 12-6) Recommended Action Approved as submitted. Denied and referred to Insurance Carrier. RESOLUTION NO. 5269 - ACCEPTING GRANTS OF SANITARY SEWER EASEMENT, SANITARY SEWER RECONSTRUCTION PRO- JECT - 1977 Award of Contract - Mission Avenue & "E" Street RESOLUTION NO. 5270 - AWARD OF CONTRACT (To W.K. Parking Facility (Menzies Property) (File No. 4-1- McLellan Co.) 251 x 2-1-53) Agreement with Trinity Community Church re Easter RESOLUTION NO. 5271 - AUTHORIZING THE SIGNING OF Services on San Rafael Hill (File No. 4-10-102) A LEASE OR AGREEMENT (With Trinity Community Church) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini PUBLIC HEARING - APPE REPRESENTATIVE; M D ile No. 10-5 Acting Mayor Mulryan declared the Public Hearing opened. Planning Director Hotchner summarized the case, stating that the question of traffic to be generated is a major concern. Mr. Donald S. Friedman, attorney for Viking Ventures, stated that this is a takeout restaurant, and not a drive-in. He felt it would generate very little traffic and stated that Mr. Litchfield offered to provide ample off-street parking. The Council also heard Mr. Edward Pizzuti, president of Viking Ventures, and Mr. Marlo Bubbo explain how their operation on Lombard Street in San Francisco works. Acting Mayor Mulryan then declared the Public Hearing closed. After discussion, Councilman Jensen moved and Councilman Nixon seconded, that the appeal be sustained, with the three conditions recommended by the Planning Commission: (a) Approval of ED76-23(b); (b) The applicant shall provide sufficient numbers of parking spaces in a location satisfactory to the Planning Director. The proposed parking spaces shall not be designated in the areas currently under use or counted toward satisfying the parking requirements of adjacnet businesses; (c) The Use Permit shall be valid for a period of 4 months or until June 8, 1977, at which time it will be reviewed by the Planning Commission to evaluate any traffic and/or parking related problems. An added condition is that there be no parking of a back -out nature in front of the building. Also, the matter is to be referred back to the Planning Commission for Environmental Design approval. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini i RE: ORDINANCE AMENDING LEASH LAW, CIVIC CENTER LAGOON - File No. 13-3 An Ordinance of the City of San Rafael Amending Chapter 6.10, Animal Control, of the San Rafael Municipal Code by Amending Section 6.10.175, and numbering Charter Ordinance No. 1252, was read, in- troduced and ordered passed to print by the following v6te, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini (Councilman Miskimen left the meeting) RE: REPORT ON SENIOR CITIZEN RATE, CABLE TV - File No. 9-7-4 RESOLUTION NO. 5272 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING A SPECIAL NEW RATE FOR CERTAIN SENIOR CITIZENS FOR CABLE TELEVISION SERVICE. 420 AYES: COUNCILMEN: Jensen, Nixon and Acting Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini The rate shall be $2.00 per month for citizens 62 years or older who receive supplemental security income (SSI) or Medicare benefits. RE: CITIZENS LIST, DEPARTMENT OF MOTOR VEHICLES - File No. 156 RESOLUTION NO. 5273 - A RESOLUTION OF THE CITY OF SAN RAFAEL PROTESTING RELEASE OF INFORMATION BY DEPARTMENT OF MOTOR VEHICLES AYES: COUNCILMEN: Jensen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini (Councilman Miskimen returned) RE: REQUEST OF MARIN-SONOMA JUNIOR FOOTBALL CONFERENCE 0 File No. 11-22 Communication requesting permission for a "Pop Warner Football" parade in San Rafael on Saturday, September 10, 1977 from 9:30 to 11:30 AM. Councilman Miskimen moved and Councilman Jensen seconded that the request be approved subject to ap- proval by the Chief of Police. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: COMMUNICATION RE PROPOSED EXPANSION OF THE CULTURAL AFFAIRS COMMISSION TECHNICAL ADVISORY COMMITTEE - File No. 9-2-24 Mr. Daniel Mardesich, Vice Chairman of the Cultural Affairs Commission, requested guidance on how to proceed. It was decided that staff will advertise in the normal way, for 30 days. The Cultural Af- fairs Commission and the Community Projects Director will select the candidates they would prefer and submit them for final ratification by the Council. A total of three new members will be selected. RE: REQUEST FROM THE MARIN YACHT CLUB RE DISPOSAL OF SPOILS - File No. 12-10 x 2-8-6 Marin Yacht Club is requesting that they be permitted to palce 23,000 cubic yards of dredged material on the "Purdy" property (Pickleweed Park) in connection with their maintenance dredging of their har- bor. City Engineer Caillouette reported that this would raise the elevation, after consolidation, to Elevation 9. Also, this would delay construction of the park until early 1978. The preliminary plan of the Canal Community Council calls for about half of the area to be in a natural state and the other half to have various improvements. The Council heard from Mr. Marion Ludlow of the Northern California Marine Association and from Bud Lowrie, owner of Lowrie's Yacht Harbor, stating the need for a permanent disposal area so that the Canal can be dredged. Also discussed were the various methods of payment for the work. Richard Arnold, a Director of the Canal Community Council, spoke in opposition to the Yacht Club using Pickle - weed Park as a disposal site, stating that the preliminary plan for Pickleweed Park contains a provi- sion for a lagoon and that this excavation would generate spoils of approximately the same cubic feet as the Yacht Club dredging. Councilman Miskimen moved and Councilman Nixon seconded, that a meeting be set up with one or more members of the Council, the Canal advisory committee, and representatives of Congressman Burton's office, Corps of Engineers, State Fish and Game, Federal Fish and Wildlife, and the Bay Conservation and Development Commission, to focus on finding a landfill site for spoils. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini After considerable discussion, it was agreed that if consideration is given to providing a spoils area for the Marin Yacht Club, other involved property owners should be given equal consideration. Councilman Nixon then moved and Councilman Miskimen seconded, that as a policy the Council agree to advancing $300,000 to $400,000 for dredging of private waterfront areas if a landfill site is found, with the money to be recovered through assessments. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: RECOMMENDATION OF LIBRARY BOARD RF I_TBRARY RRANrH TN TFRRA ITNnA - Filo Nn Q -i -til The Coyncil considered a request from the Marin County Library, that the City of San Rafael and the County of Marin investigate the feasibility of obtaining all or part of Bernard Hoffman School, which is under consideration for closing, and converting it to a circulating branch library. Councilman Nixon moved and Councilman Jensen seconded, that staff and the Library Board study the con- cept. 4 u I AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini IRE: EDA SANITARY SEWER REHABILITATION PROJECT - File No. 12-6 Mr. Dominic Selmi of Coleman, Selmi & Wright, gave a verbal presentation on the sanitary sewer rehabilita- tion project, which is currently out to bid. Work should commence the first part of May. (Councilman Jensen left meeting) RE: AGREEMENTS WITH THE SAN RAFAEL SANITATION DISTRICT - File 12-7 x 6-24 RESOLUTION NO. 5274 - RESOLUTION AMENDING RESOLUTION OF INTENTION IN THE MATTER OF THE WORK TO BE DONE, COSTS THEREOF, AND CONTRACT WITH SAN RAFAEL SANITATION DISTRICT IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini RESOLUTION NO. 5275 - A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT BETWEEN THE SAN RAFAEL SANITATION DISTRICT AND THE CITY OF SAN RAFAEL IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini RESOLUTION NO. 5276 - A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE SAN RAFAEL SANITATION DISTRICT FOR THE USE OF TREATED WASTEWATER AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini IRE: AUTHORIZATION TO PURCHASE WATER TRUCK - File No. 9-3-40 I IThis item removed from Council agenda. RE: REPORT ON LEAGUE HEADQUARTERS BUILDING ASSESSMENT - File 9-11-1 Motion by Councilman Nixon, seconded by Councilman Miskimen, that the City's share be paid in three yearly installments of $2,350.00 each. AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini RE: ORDINANCE AMENDING PARKING LIMITS, FIFTH AVENUE AND "D" STREET PARKING LOT - File 11-18 x 12-14 An Ordinance of the City of San Rafael amending Title 5, Chapter 5.60, Section 5.60.068, Ten Hour Park- ing Meter Zones, and Section 5.60.070, Two Hour Parking Meter Zones, by Adding Thereto Additional Parking Lot Facilities, and numbering Charter Ordinance No. 1253, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mayor Bettini (Councilman Jensen returned; Councilman Nixon left) RE: REORGANIZATION: PLANNING AND REDEVELOPMENT - File 9-3-17 x 140 RESOLUTION NO. 5277 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 1.5 AND 5 OF RESOLUTIONS NO. 4985 AND NO. 5135 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL, AND UN- CLASSIFIED EMPLOYEES (Community Development Director) AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini (Councilman Nixon returned) RE: DISCUSSION OF BUDGET GUIDELINES File 8-5 City Manager Bielser requested that the Council let him know if they have any suggestions or guide- lines which can be used and perhaps incorprated into the budget document, since the staff is now in the process of preparing the annual budget. v Ld Councilman Nixon suggested the formation of a "Budget Advisory Committee" comprised of people at large, such as presidents of homeowners' associations, etc. The possible formation of such a group will be on the agenda for the April 4th Council meeting. RE: REQUEST FOR SOLICITATION PERMIT, UNIFICATION CHURCH - File 13-8-1 CHARTER ORDINANCE NO. 1254 - An Urgency Ordinance of the City of San Rafael Repealing Section 10.50.110, Charitable Solicitations, Exceptions - Procedure of the San Rafael Municipal Code and Amending the _ following Sections: 10.50.020, Permits Provided for Procedure; 10.50.090, Revocation of Permit; 10.50.100, Appeals; 10.50.120, Misstatements, etc., was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Unification Church is to be notified of the adoption of the urgency ordinance. Public hearing tenta- tively set for April 18, 1977, to give the public and the church people an opportunity to discuss this fully, so a determination can be made of the merits of the case. RE: WHITEY LITCHFIELD CLAIM - File No. 3-1-269 Mr. Whitey Litchfield, owner of Bermuda Palms Motel, addressed the Council regarding a claim which had been denied, involving alleged damage to his property by police while capturing a suspect. Council referred the matter to the City Attorney for review. RE: APPEAL ON CITY INSPECTION REPORT - File No. 9-3-32 Doris Wyneski of Scott McCall Real Estate, appealed a Report of Residential Building Record dated March 17, 1977, stating that the garage at 12 Alvina Avenue had been converted without permits or variance and that the construction must be removed. She referred the Council to the inspection report made when her client bought the house, report dated July 29, 1976, in which the construction was noted under Item 9 simply as a nonconformity. Her client is now trying to sell the house and the sale will be lost if the garage must be reconverted. Councilman Miskimen moved that the remark in the recent report be moved from Item 10, "Items requiring correction", to Item 9, "Nonconformity noted". Councilman Nixon seconded the motion. AYES: COUNCILMEN: Miskimen, Nixon NOES: COUNCILMEN: Jensen and Acting Mayor Mulryan ABSENT: COUNCILMEN: Mayor Bettini Motion failed. ADD ITEM: Councilman Miskimen gave a brief verbal report on his recent trip to Washington with City Manager Bielser. The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, April 4, 1977, at 8:00 PM. MARION A. GRADY, City Clerk" APPROVED THIS q.4 DAY OF 1977. LAWRENCE E. MULRYAN, Acting Mayor of the City of San Rafael In Room 201 of the City Hall of the City of San Rafael, Tuesday, March 29, 1977, at 5:00 PM. Special Meeting: Present: Fred E. Jensen, Vice -Mayor John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor & Lawrence E. Mulryan The San Rafael City Council met in Executive Session to interview applicants for the position of City Librarian. File No. 9-3-61. No action was taken. Of'Y).. o. MARIO A. GRADY, City Clerk APPROVED THIS QAY OF 1977. VICE -M OR OF THE CbTi`11 SAN RAFAEL i 4�3 In the Council Chambers of the City of San Rafael, Monday, April 4, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Miskimen, seconded by Councilman Jensen, to approve the recommended action on the following consent calendar items: Item Recommended Action Approval of Minutes of March 15 and 21, 1977 Meetings. Approved as submitted. Agreement for Funding of Federal -Aid Project for Pave- RESOLUTION NO. 5285 - AUTHORIZING THE EXECU- ment Markings. File No. 11-15-1 TION OF PROGRAM SUPPLEMENT NO. 2 TO LOCAL AGENCY -STATE AGREEMENT NO. 3 FOR FUNDING OF THE FEDERAL -AID PROJECT PMS-O00S(470) FOR PAVE- MENT MARKINGS IN THE CITY OF SAN RAFAEL Resolution Amending Project Agreement State Parks Bond Act, 1974. File No. 9-3-66 x 12-5 Report on Tax Equity Communication. File No. 9-12 RESOLUTION NO. 5278 - AMENDING PROJECT AGREE- MENT STATE PARKS BOND ACT, 1974. Held in abeyance until further development of budget activities. Resolution Making Application to the Marin County RESOLUTION NO. 5279-MfAKING APPLICATION TO THE LAFCO and Requesting Proceedings for a Reorganization MARIN COUNTY LOCAL AGENCY FORMATION COMMISSION Pursuant to District Reorganization Act of 1965. AND REQUESTING PROCEEDINGS FOR A REORGANIZA- File 5-2 TION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965. Agreement Under 1976 State Parks Bond Act. File RESOLUTION NO. 5280 - DESIGNATING ALBERT PARK 4-13-48 EXPANSION AS THE RECIPIENT OF THE MONIES AVAILABLE FROM THE 1976 STATE PARKS BOND ACT. RESOLUTION NO. 5281 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. YES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini OES: COUNCILMEN: None BSENT: COUNCILMEN: None (PUBLIC HEARING - REZONING (Z75-13) SPINNAKER POINT, END OF CANAL STREET, THE ENTIRETY OF THE RECORDED (MAP OF SAN RAFAEL CAYES UNIT ONE, FROM P -C (PLANNED COMMUNITY) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT. INITIATED BY SAN RAFAEL CAYES, INC., ALSO REPRESENTING CITY OF SAN RAFAEL AND SAN RAFAEL ,SANITATION DISTRICT. File No. 10-3 x 6-19 Mayor Bettini declared the Public Hearing opened. arbara Schoetz, Senior Planner, gave a presentation on the proposed development, which is to have a otal of 225 units. 0bert Bianchi, attorney for the developer, stated that the developers have stated that they are will- ing to amend certain dates in the Option Agreement: The term of the Option to be extended from July, 1977 to October 30, 1977, Paragraph 12 of the Option, which states that the Agency shall have the right ;o exercise the option only if the property owner has received all necessary approvals and permits from ill required sources for the construction of not less than 225 townhouse units in the area known as Jnit One on or before April 30, 1977, to be amended to show June 30, 1977 as the final date. The Developer feels that the BCDC approval can be obtained by the later date. Mr. Bianchi then stated ;hat the owners are willing to dedicate the 45 acres of underwater property, without cost to the City, lith the dedication to occur in phases upon issuance of occupancy permits for the five phases of the )roject to be constructed on Unit One. As consideration for this, the owners are asking that the 'bedroom tax" be waived. The "hard cost" figure on the owner's books for the 45 acres is $150,000+, chile the bedroom tax would be approximately $42,000. !Councilman Miskimen asked Mr. Bianchi if there would be any chage in the design of the project if, 'because of regulatory problems over which the City has no control, the Marina project does not become 'a realitys. Mr. Bianchi replied that the present design would stand on its own merit regardless of the existence or non-existence of the Marina. In that event, it is possible that the owners would develop their own private marina. The Council then heard from members of the Canal Community Council - Richard Arnold, Bud Weisenburg, Silvio Bianchini, Brent Weller, Pauline Haro, William Feccia, and Vern Stewart, President of Bahia de Rafael Homeowners Association. Concerns expressed were the "wall" which will separate Spinnaker Point from Bahia de Rafael, which the designers maintain is necessary for flood control; request was made for four instead of two tennis courts and that they not be for the exclusive use of Spinnaker Point 404 residents, but be public courts; request was also made for a $500.00 assessment to be added to the selling price of each townhouse, with the money to be used for recreation facilities at Pickleweed Park; request was made that no permits be issued until the entire East San Rafael plan has been heard and discussed thoroughly; concern was also expressed regarding the routes to be taken during the con- struction period, with the thought that Bellam Boulevard traffic would be too heavy; and that the Council should not act hastily regarding the 45 underwater acres. Mr. Bianchi responded to the question regarding routes during construction, by showing on the map that trucks would use Catalina Boulevard and would not use the main part of Bellam Boulevard, and not any part of Kerner or Bahia. Judy Waller, designer of the project, explained the necessity for the raised portion to which the Canal group was objecting. She also explained the density, preservation of views, and necessity for the various high elevations throughout the project. Mayor Bettini declared the Public Hearing closed. After discussion of recommendations by the Planning Commission and staff, Councilman Jensen moved and Councilman Miskimen seconded that Item 6 of the staff report be approved. This reads, "City Council review of Planning Commission recommended action on mitigation measures. City Council finding that measures incorporated mitigate impacts and/or City Council statement of overiding concerns on impacts not mitigated". AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council agreed that Item 7 of the Staff report will be included in the motion to adopt the ordinance. After further discussion, Councilman Jensen moved and Councilman Mulryan seconded, to pass the ordinance to permit rezoning the property from P -C (Planned Community) District to P -D (Planned Development) District, with the conditions as set forth and recommended by staff as modified by Mr. Bianchi, attorney for the applicant: (aa) (Changed to subparagraph (z) on Exhibit "A" of ordinance): The applicant shall grant to the City the 45.5 acre water area north of the site in five phases concurrent with the five phases of develop- ment of the project. (bb) (Changed to subparagraph (aa) on Exhibit "A" of ordinance): As per the applicant's offer, the Option Agreement between the City and the applicant for the purchase of the 59 acres to the South by the City shall be amended: 1) To extend the date by which the City may exercise its option from July 1, 1977 to October 30, 1977. 2) To extend the date by which the City shall have given its permit approvals from April 30, 1977 to June 30, 1977. 3) To work with the applicant with all diligence to obtain other necessary agency permits by July 30, 1977. An Ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from P -C (Planned Community) District to P -D (Planned Development) District, and numbering Charter Ordinance No. 1255, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: Miskimen, Nixon ABSENT: COUNCILMEN: None Councilman Nixon asked that it be entered into the record that City Attorney Connick stated that to leave paragraph (bb)' (which is now designated as (aa) ) in the conditions, is a breach of contract. Councilman Jensen moved and Councilman Miskimen seconded a finding of consistency of the zone change with the General Plan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: NonE ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1252 - ANIMAL CONTROL - File 13-3 CHARTER ORDINANCE NO. 1252 - An Ordinance of the City of San Rafael Amending Chapter 6.10, Animal Con- trol, of the San Rafael Municipal Code by Amending Section 6.10.175, 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. 1253 - PARKING METERS - File 11-18 CHARTER ORDINANCE NO. 1253 - An Ordinance of the City of San Rafael Amending Title 5, Chapter 5.60, Section 5.60.068, Ten Hour Parking Meter Zones, and Section 5.60.070, Two Hour Parking Meter Zones, by Adding Thereto Additional Parking Lot Facilities, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: 425 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROGRESS REPORT ON HISTORICAL SURVEY - File 4-3-69 The Council accepted report from Charles Hall Page & Associates indicating that the evaluation of the survey was begun on March 25th, and that the final step which involves preparation of a list of eval- uated structures, grouped in categories of relative importance, together with general descriptions of potential conservation areas, will be completed by May 29th. RE REPORT ON BID OPENING - AWARD OF CONTRACT, SANITARY SEWER RECONSTRUCTION PROJECT (EDA FUNDED PRO- JECT -- File 4-1-252 RESOLUTION NO. 5282 - RESOLUTION OF AWARD OF CONTRACT (To Ray N. Bertelsen Co., P.O. Box 1368, Marysville, California - Amount of bid, $579,524.50) IThe Council awarded the contract to the Ray N. Bertelsen Co., subject to approval and project funding by the U.S. Department of Commerce, Economic Development Administration, grantor of the project funds. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: RECOMMENDATIONS OF CULTURAL AFFAIRS COMMISSION RE FALKIRK RESTORATION - File 4-3-67 Cultural Affairs Commission recommended to the City Council that preparation of contracts be commenced on the first eight items of priority list from Charles Hall Page & Associates, totalling $105,000, which is covered by the budget. Items include roofing, replacement of gutters and downspouts, replace- ment of front stairs, repainting of exterior, construction of ramp at the rear of the second floor 1927 wing for access by handicapped, re -caulking of all exterior walls, repair and weatherstripping of window sills and sashes. (Councilman Miskimen moved that the recommendations of the Cultural Affairs Commission be approved. Motion seconded by Councilman Nixon. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:COUNCILMEN: None Staff was requested to look into Item 9 of the Charles Hall Page recommendations, regarding addition of two bathrooms which would provide access for handicapped people, to be installed on the first floor in the area of the pantry and storage rooms. Staff will have a complete report on this item and the necessity for it, when it comes before the Council for approval at a later date. RE: REPORT ON MASSAGE PARLOR ORDINANCE - File 9-10-3 Mr. James Birdsall, attorney for several massage parlor operators, requested further revision to the draft of the Massage Parlor Ordinance, including "home use exceptions" and also a board of examiners to test technicians who do not have a diploma from an accredited massage school. Redraft of the proposed Massage Parlor Ordinance to be presented to the Council at their April 18th meeting. RE: COMMUNICATION FROM THE ECUMENICAL ASSOCIATION FOR HOUSING - File 13-16 The Association requested waiver of fee for benefit dinner to be held at the San Rafael Community Center on April 13, 1977. Councilman Nixon moved and Councilman Jensen seconded, that the Association be charged for only half of the normal fee. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini �- NOES: COUNCILMEN: None ABSENT:000NCILMEN: None Councilman Miskimen moved and Councilman Mulryan seconded, to approve the Resolution of Appreciation to Martin Mackey for his work as Executive Director of the Ecumenical Association for Housing. RESOLUTION NO. 5291 - RESOLUTION OF APPRECIATION TO MARTIN MACKEY AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini �- NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: REPORT ON SAN RAFAEL CANAL DREDGING - File 12-10 City Manager Bielser reported that meetings have been held with State Fish and Game, Federal Fish and Wildlife, BCDC, and interested groups, on disposal of spoils from dredging of the San Rafael Canal. Another meeting will be held on Tuesday, April 12th. Mr. Bielser stated that the Marin Yacht Club is requesting use of Pickleweed Park for their spoils, but this may be unfair, to allow just one party to use a local disposal site when many others may want it. 42� Mr. Bielser then stated that he is hoping to have a master agreement between the City and the San Canal property owners, and one between the City and the Corps of Engineers, by the Council's April 18th meeting. RE: TRANSFER TO COUNTY RETIREMENT SYSTEM - CITY EMPLOYEES - File 7-1-4�4 Finance Director Averett stated that these are the final actions to be taken to transfer to the County Retirement System. Meetings are being arranged with Mr. Stanley Fontez, to give employees an opportunity to get an overview of the system, and then ask questions. RESOLUTION NO. 5283 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TERMINATING AGREEMENT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND INTENT TO ENTER INTO A CON- TRACT IN THE MARIN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An Ordinance of the City of San Rafael, Terminating the Contract between the City Council and the Board of Administration of the California Public Employees' Retirement System and for Inclusion of Employees of the City of San Rafael in the Marin County Employees' Retirement Association, and numbering Charter Ordinance No. 1256, 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. 5284 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Marin County Retirement System to administer the present Retirees' Program) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon then moved and Councilman Mulryan seconded, that the Council convey to the Board of Supervisors their concerns over the cost of the pension plan which, in the Council's opinion, is more generous than necessary to retain qualified personnel and provide adequate security for those personnel, and ask that the Board of Supervisors review the entire pension plan in that light. For example; The pension plan provides retirement benefits based on the single highest year of earnings which is far more generous than need be. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None Mayor Bettini explained that he feels the motion is not appropriate at this time, since the City asked to join the pension plan; he stated that perhaps later we could question some of the procedures or benefits, but not at this time. RE: APPROPRIATE $124,067 FROM RESERVES TO PAY PRIOR YEAR WORKER COMPENSATION CHARGES - File 9-6-3 Finance Director Averett reported that, after the City began self-insuring workers' compensation liability December 1, 1976, the State Compensation Insurance Fund performed a final audit of the City's account. This showed a net amount owed of $124,056.67. Mr. Averett recommended Council appropriate $19,000 from REvenue Sharing and $105,057 from the General Fund. Councilman Mulryan moved, and Councilman Miskimen seconded, that the monies be appropriated as recom- mended. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF FORMATION OF BUDGET ADVISORY COMMITTEE - File 8-5 x 9-2-27 Councilman Nixon recommended the formation of a Budget Advisory Committee, comprised of people with considerable financial background in the community, to review the budget and make recommendations. Mayor Bettini expressed the view that this would delay the budget process, and that the Council should take complete responsibility for the budget. He felt this would mean more cost to the City. Councilman Nixon then moved and Councilman Miskimen seconded, that a Budget Advisory Committee be formed for Fiscal Year 1977/78, with five people to be appointed, one by each Council member, that they would receive the budget at the same time the Council does, and that they would not impose on staff time. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None RE: DISCUSSION OF THE SUCCESSFUL HOUSING BALLOT MEASURE - File 13-16 Mayor Bettini questioned what has happened since this measure passed in the last election. City Manager Bielser stated that he had had discussion with Mr. Arnold Sternberg, State Director of Housing about the long-term financing for this project. Mr. Bielser stated that the Council should decide 427 whether this will be a City project, with the City as prime sponsor, taking title and contracting for its management, or whether the Ecumenical Association should handle the project. Also involved, is who will retain the architect and decide on the financing. Councilman Miskimen and Mulryan were appointed as a committee, to have the assignment of making con- tact with the Housing people and discussing the matters just discussed. RE: COUNCIL REORGANIZATION - File 9-1 Councilman Miskimen nominated Councilman Jensen as Vice -Mayor. Nomination seconded by Mayor Bettini. AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: Mulryan and Nixon ABSENT:000NCILMEN: None The following were then appointed or reappointed by unanimous vote: Councilman Miskimen, Member, San Rafael Sanitation District Councilman Mulryan, Chairman, San Rafael Redevelopment Agency Board of Directors Councilman Miskimen, Vice -Chairman, San Rafael Redevelopment Agency Board of Directors Mayor Bettini, Alternate Member, Redwood Empire Division of the League of California Cites AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None In addition, the Council agreed on the following assignments: Mayor C. Paul Bettini Member & 1st Vice President, Golden Gate Bridge District Chairman, San Rafael Sanitation District Alternate Member, Redwood Empire Division, League of California Cities Member, Development Review Committee, SRRA Alternate Member, City -School Liaison Committee Member, San Rafael Redevelopment Agency Board of Directors Councilman Fred E. Jensen Member, San Rafael Redevelopment Agency Board of Directors Alternate Member, GEMCo Committee, SRRA Councilman John A. Miskimen First Vice -President, Redwood Empire Division, League of California Cities Member, City -School Liaison Committee Member, GEmCo Committee, SRRA Member, Redevelopkent Agency -Ecumenical Housing Association Committee on Low and Moderate Income Housing Councilman Lawrence E. Mulryan Representative, Local Agency Formation Commission Representative, Association of Bay Area Governments Member, Redevelopment Agency -Ecumenical Housing Association Committee on Low and Moderate Income Housing Councilman Jack G. Nixon Member, San Rafael Redevelopment Agency Board of Directors Member, City -County Planning Council Member, City -School Liaison Committee Member, GEMCo Committee, SRRA RE: TERRA LINDA RECREATION CENTER POOL - File 9-3-65 City Manager Bielser reported that there was a major failure in the piping system at the Terra Linda Recreation Center pool, which will require extensive repairs estimated at between $8,000 and $10,000. With the swim season approaching, the Council was asked for authority to proceed on an emergency basis. Mr. Bielser suggested that the necessary money could be taken from the project which would have in- volved extension of the Terra Linda Center for the teen wing. Councilman Mulryan moved and Councilman Jensen seconded, that staff be given the authorization to go to informal bids and appropriate the required funds. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None RE: WATER RECYCLING PROGRAM - File 9-3-40 * SEE CORRECTION ON PAGE 429 City Manager Bielser reported that there is a need to purchase a water tank for Falkirk, to supply Falkirk, the City Hall, the Library, the Fire Station, parking lot, etc. He asked authorization to purchase a 15,000 gallon redwood tank at a cost of $4,100. This would be a new tank. Mr. Bielser also requested purchase of a tank for Albert Park, for water from a well on Picnic Avenue. Mayor Bettini asked about used tanks which would be considerably cheaper, and Councilman Jensen added that this would save the cost of installation. Public Works Director Caillouette stated that they have not been able to locate a tank which they could physically move onto the site to do the job. Redwood tanks are assembled on the slab and you can get those in place the operating fairly quickly. He stated they are up against a very tight time schedule, that the systems must be functioning probably within the next month. City Manager Bielser stated that the necessary funds can be extracted from budgeted Capital Improvement projects. Councilman Mulryan moved and Councilman Jensen seconded, that the staff request be approved, on an emergency basis. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to Executive Session to discuss employment of the Librarian. Adjourned to Monday, April 18, 1977, at 8:00 PM. MARION A. GRADY, City Cle APPROVED THIS DAY OF 1977. MAYOR OF THE CITY TF SAN RAFAEL 4cl2d9 In the Council Chambers of the City of San Rafael, Monday, April 18, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Miskimen, to approve the recommended action on the following consent calendar items, with the exception that the minutes of April 4, 1977 are approved as amended below: Item Recommended Action Approval of Minutes of March 29 and April 4, Minutes of March 29, 1977 approved. Minutes of 1977 Meetings. April 4, 1977 approved as amended below: "RE: WATER RECYCLING PROGRAM (EMERGENCY WATER CONSERVATION) - File 9-3-40 City Manager Bielser reported on the staff's effort's relative to the current water crisis, and of ad- ditional needs to complete our emergency water conservation and recyc Iing program. Due to the immediacy of the situation (loss to City's established landscaping), he requested Council approval to purchase directly, i.e., without public bid for purchases over $3,500, the following: 1. One 15,000 gallon redwood tank to supply Falkirk, City Hall, the Library, Fire Station, Parking Lot, etc., at a cost of $4,100. 2. One 20,000 gallon redwood tank to supply Albert Park at a cost of $6,900. 3. Install piping from the Picnic Avenue well along Picnic Avenue, Woodland Avenue and Lindaro Street to supply Albert Park at a cost of $6,600. Mayor Bettini asked about used tanks which would be considerably cheaper, and Councilman Jensen, added that this would save the cost of installation. Public Works Director Caillouette stated that they have not been able to locate a tank which they could physically move onto the site to do the job. Redwood tanks are assembled on the slab and you can get those in place and operating fairly quickly. He stated they are up against a very tight time schedule, that the systems must be functioning pro- bably within the next month. City Manager Bielser stated that the necessary funds can be extracted from budgeted Capital Improvement projects. Councilman Mulryan moved and Councilman Jensen seconded, that the staff request be approved, on an emergency basis. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None" I tem Claim for Damages - Robert Neil Williams - File 3-1-273 Allocation of 1976 State Park Bond Act Funds. File 12-5 Communication from the Meadows re Landscaping File 5-1-232 Abandonment of 20' Radial Anchor Easement - 51 Wimbledon Way. File 2-12 Appeal of Planning Commission Denial - Two Lot Subdivision (S77-3) Aileen K. Newman (Sirard Lane) File 10-8 Recommended Action Denied and referred to Insurance Carrier. RESOLUTION NO. 5286 - ESTABLISHING A DISTRIBUTION OF FUNDS UNDER THE URBAN AND COASTAL BOND ACT, 1976. Approved proposal. RESOLUTION NO. 5287 - RESOLUTION OF INTENTION TO VACATE 20' RADIAL ANCHOR EASEMENT, LOT 110, RAFAEL RACQUET CLUB ESTATES UNIT FOUR. Set Public Hearing for May 16, 1977. Set Public Hearing for May 2, 1977. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST TO HAVE A PARADE JUNE 13, 1977, TO PROMOTE SAN FRANCISCO GIANTS - File 11-22 Councilman Mulryan moved and Councilman Miskimen seconded, that the request be approved, subject to any conditions which might be imposed by the Chief of Police. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None I RE: FINAL ADOPTION - ORDINANCE NO. 1255 - REZONING OF SPINNAKER POINT - File 10-3 x 6-19 CHARTER ORDINANCE NO. 1255 - An Ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code of San Rafael so as to Reclassify Certain Real Property from P -C (Planned Community) District to P -D (Planned Development) District, (Spinnaker Point) 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. 1256 - TERMINATING CONTRACT BETWEEN CITY OF SAN RAFAEL AND P.E.R.S. AND INCLUDING CITY EMPLOYEES IN THE MARIN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION - File 7-1-24 CHARTER ORDINANCE NO. 1256 - An Ordinance of the City Council of the City of San Rafael Terminating the Contract Between the City Council and the Board of Administration of the California Public Em- ployees' Retirement System and for Inclusion of Employees of the City of San Rafael in the Marin County Employees' Retirement Association, 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: PROGRESS REPORT, CIVIC CENTER FIRE STATION - File 2-9-13 RESOLUTION NO. 5288 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT (For rental of 127 No. San Pedro Road for a period of one year commencing April 15, 1977 at a monthly rent of $375, for use as temporary fire station pending completion of Civic Center fire station) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council reviewed the letter dated April 5, 1977 from Backen, Arrigoni & Ross, in which they established the date of May 16, 1977 for presenting the working drawings and specifications to the Council. They then discussed the inordinate length of time the firm has taken with their plans, and directed staff to prepare a letter to Backen, Arrigoni & Ross, Inc., stating that the City is not pleased with their progress to date, and giving them a firm designated time for presentation of the plans. RE: REPORT ON DREDGING OF SAN RAFAEL CANAL - File 12-10 The Council reviewed a report from City Manager Bielser, in which he outlined the results of the meetings held with the US Corpos of Engineers, US Fish & Wildlife Service, State Department of Fish & Game, Bay Conservation Development Commission, U.S. Marine Fisheries, Regional Waiver Quality Control Board, State Lands Commission, and Congressman Burton's office. The meetings resulted in a specific statement from the US Fish & Wildlife Service regarding the required mitigation if they were to con- sent to a deposit of spoils on the Marina site. The rating system presently being used indicates that to fill the 74 acres of the Marina site would require the purchase of 56 acres of Holiday Magic prop- erty and restoration of the property to tidal action. Mr. Bielser then reported that a later development has just been presented by the Corps of Engineers, and this is the possibility of using hydraulic dredging and pumping the spoils by pipeline to deep water near the mouth of the San Rafael Canal, thus making hydraulic dredging available to the private property owners. The formal State agencies. After that, the Corps of Engineers would make the deci- sion. Colonel Henry Flertzheim of the Corps of Engineers indicated that if the City Council supports this method he will consult with his superiors. Councilman Miskimen moved and Councilman Jensen seconded, that the Council support this method of solving the problem of dredging of the San Rafael Canal. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Various methods of approaching the call for bids, to include the private property on the Canal, were then discussed. Mr. Bielser was asked to confer with the private property owners and the Corps of Engineers to formulate a workable bid procedure. Mr. Bielser then discussed the US Fish & Wildlife Service mitigation rating system, and said he felt the system should be challenged; he asked to be authorized to communicate with our US Senators and Congressmen Burton to initiate a challenge. Councilman Miskimen moved, and Councilman Jensen, seconded, that Mr. Bielser be authorized to proceed as suggested. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 431 RE: REPORT ON MASSAGE PARLOR ORDINANCE - File 9-10-3 City Attorney Connick presented a revised Massage Parlor Ordinance, which has the concurrence of Chief of Police Benaderet. However, Mr. James Birdsall, attorney for several massage parlor operators, pre- sented to the Council a four-page list of suggested changes. The Ordinance was given back to staff to confer again with Mr. Birdsall and other massage parlor representatives; City Attorney to respond to Mr. Birdsall's list of suggested changes, not less than 72 hours before the May 2nd Council meeting. Item to be on May 2nd Council agenda, for final decision. RE: COMMUNICATION FROM LOUISE SOUSA RE HANDICAPPED FACILITIES - File 13-1 Item deferred to May 2, 1977 meeting. RE: ORDINANCE AMENDING CHAPTER 11.38 OF THE MUNICIPAL CODE - File 13-9 An Ordinance of the City of San Rafael, Amending Chapter 11.38, Abandoned Vehicles, of the San Rafael Municipal Code by Authorizing the Code Enforcement Officer to Abate Abandoned Vehicles, and numbering Charter Ordinance No. 1257, 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: RECOMMENDATIONS OF FIRE COMMISSION: a. Closure of Open Space - File 13-5 b. Banning of Open Fires - File 13-5 x 12-5 c. Fire engine. Closure of Open Space: Banning of Open Fires: The Fire Commission recommended to the City Council that all City -owned open space be closed as of May 1, 1977 due to extreme fire hazard. This would include all hikers, pedestrian and vehicular traf- fic and would also include the use of barbecues in City -owned parks. Fire Chief Marcucci stated that he concurs with the Fire Commission's recommendations. Mayor Bettini asked if this had been discussed with the Parks and Recreation Commission with regard to eliminating the barbecues in City -owned parks. Chief Marcucci stated he had discussed it with Acting Recreation Director Jauch, but not with the Commission. Chief Marcucci asked for a policy decision from the Council on the Fire Commission's recommendations. Councilman Mulryan moved and Councilman Jensen seconded, to approve the two recommendations of the Fire Commission. Under "question" Councilman Miskimen stated that due to the large number of groups using Gerstle Park he felt the barbecues should not be eliminated entirely. Councilman Jensen suggested that the Fire Department could work with Parks and Recreation to give a permit for a location which is considered safe. Chief Marcucci stated that if the Fire Department is notified in such case, they could make an inspection after the event. Mayor Bettini then suggested acting on the open space matter now; and that the Council refer the matter of the barbecues to the Parks and Recreation Commission to see if they can come up with a restricted program, working with the Fire Department. Councilman Mulryan amended his motion to agree with Mayor Bettini's recommendation and the amended mo- tion was seconded by Councilman Jensen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Chief Marcucci asked that the matter of the fire engine be continued until they can confer with other sources for an engine. RE: REPORT ON COUNTY HOUSING ASSISTANCE PROGRAM - File 13-16 Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation to submit an application to the Marin County Board of Supervisors for a commitment of $68,000, plus whatever funds might be available. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: APPOINTMENT OF CITY LIBRARIAN - File 9-3-61 Councilman Nixon moved and Councilman Jensen seconded, to approve the recommendation to appoint Pamela Nicolai as City Librarian effective June 15, 1977. AYES: COUNCILMEN: Jensen, Miskimen: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 432 RE: DISCUSSION OF GRANTSMANSHIP - File 9-3-82 Councilman Miskimen stated he had asked for this item to be put on the agenda, to assure that someone in the City would be responsible for keeping current on developments in Sacramento and Washington in- volving the many grant programs. He had since been informed by City Manager Bielser that Community Projects Director Snyder has been given this reponsibility. ­"' RE: REPORT ON MEETING OF HOMEOWNERS OF THE TERRA LINDA AREA - File 9-3-65 ___j . Mr. Richard Cohen, President of the Terra Linda Community Neighborhood Association, spoke of concerns that, since $10,000 of the $42,000 which had been allocated to a Teen Center at the Terra Linda Recrea- tion Center was being used to repair the swimming pool, the $32,000 balance would not be diverted elsewhere. He spoke of greatly improved conditions and programs in the Terra Linda area. Acting Recreation Director Jauch gave a brief summary of the improvements which the Neighborhood Association had requested. The Council referred the matter to the Parks and Recreation Commission to cost out the improvements, staying within the %32,000 budget, and bring their recommendations back to the Council. RE: ADOPTION OF URBAN THOROUGHFARE AGREEMENT - File 4-13-8 RESOLUTION NO. 5289 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin for Improvement of Urban Thoroughfare System) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: STATUS REPORT - FOURTH STREET/MIRACLE MILE UNDERGROUND UTILITY DISTRICT - File 12-18-11 Staff report indicated that of the 36 properties within the District, only 7 have not complied with the requirement for converting their services to underground by April 4, 1977. Public Works Director Caillouette stated that they would make every effort to convince these people to connect, without going to the extreme of cutting off their service. The 7 property owners, with the Council's concurrence, will again be notified, with a request that they provide evidence within 5 days that they have made arrange- ments to convert to the underground system within 30 days. Should they fail to comply or respond, Public Works will proceed as provided in Ordinance No. 905 with regard to discontinuing service. Councilman Mulryan moved and Councilman Nixon seconded, to accept the recommendations of the Public Works Director. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF COMMISSION AND COMMITTEE PACKETS, MEETINGS, AND AGENDAS - File 9-1 Mayor Bettini stated he had noticed a continuous trend of larger and larger packets and agendas from the various commissions. He understands, also, that some of the commissions have asked for verbatim minutes. He asked that the Council establish a policy that minutes be brief. He stated that he is concerned about cost of production of all the material - not only staff time, but also paper and wide distribution. Mayor Bettini requested that the Council and staff give serious thought to consolidating some of the committees and, if necessary, some of the commissions. He asked the Council to take a look at some of the committees they have appointed the past few years with this in mi.nd. Two committees he suggested for possible disbanding were the Canal Committee and the Bike Committee. He would like guidelines to be established covering the extent that committees and commissions take in staff time, production of materials, and time consumed in agendas. City Manager Bielser stated that his understanding is that the commissions had not requested verbatim minutes, but want extensive discussion minutes. Councilman Mulryan moved and Councilman Jensen seconded, that commissions have brief action minutes similar to the Council's, including a summary of the points raised, but not an extensive discussion of all of the verbiage. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Bettini then asked that staff prepare a list of committees appointed in the last few years, to study and perhaps come up with a recommendation for consolidating or eliminating some. He suggested that perhaps Cultural Affairs Commission should be a part of the Planning function. Staff was requested to write a letter to all groups involved - citizens groups, committees, commissions, etc., explaining the new policy regarding minutes, and with any other suggestions staff feels would materially assist in the desired result. Mayor Bettini also suggested staff meet with department heads with regard to improving their processing procedures. RE: GLENWOOD TENNIS COURTS NEGATIVE DECLARATION - File 4-7-11 RESOLUTION NO. 5290 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With San Rafael School District re Construction of Tennis Courts and Related Improvements at the Glenwood School site.) 433 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon moved and Councilman Jensen seconded, to make a finding of a Negative Declaration on the Glenwood School Tennis Courts Project. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NEW CETA POSITIONS - File 4-13-41 City Manager Bielser informed the Council that he had received a request from the County that the City must file their request for the new CETA positions. Department heads gave their input, and the list is before the Council. Most of the positions will be for one year only, and then the job ceases; they will be mostly project jobs. The list has been submitted to the County, but may be amended if the Council desires. Mayor Bettini asked the Council to look over the list and inform the City Manager if they had any changes. The Council adjourned to Monday, May 2, 1977, at 8:00 PM. MARION A. GRADY, City Clerk APPROVED THIS AY OF -A 1977. MAYOR OF THE CITY 0 SAN RAFAEL 434 In the Council Chambers of the City of San Rafael, Monday,May 2, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Cormick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Mulryan, seconded by Councilman Miskimen, to approve the recommended action on the following consent calendar items Item Approval of Minutes of April 18, 1977 meeting. Report on Civic Center Fire Station. File No. 4-3-68 Hold Harmless Agreement. File No. 4-11-52 x 13-5 i Report on Paramedic Program. File No. 9-3-31 Report on Paraprofessional Police Aide Program. File No. 9-3-30 Report on Crime Statistics. File No. 9-3-30 Recommended Action Approved as submitted. Accepted letter. RESOLUTION NO. 5292 - AUTHORIZING THE SIGN- ING OF A LEASE OR AGREEMENT (With Basalt Rock Co. re Fire Dept. Training Exercise) Referred to Fire Commission and staff. Report accepted. Report accepted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL (ED77-15) CONVERSION OF SINGLE FAMILY DWELLING TO OFFICES OR RETAIL WITH DWELLING ABOVE. (905 LINCOLN AVENUE; BEATRICE CLARK, OWNER; HAROLD LEZZINI REPRESENTATIVE) File No. 10-5 Mayor Bettini declared the public hearing opened. Council heard Planning Director Herbert Hotchner and Sr. Planner Barbara Schoetz describe the parking and maneuvering difficulties at the rear of the property. Mr. Lezzini presented his plan for parking and maneuvering. There being no further input, Mayor Bettini declared the public hearing closed. Councilman Miskimen moved and Councilman Jensen seconded, that the Planning Commission be reversed. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIA EXISTING COMMERCIAL BUILDING. 2138 FOURTH STREET: JOE BOHANEC, REPRESENTATIVE; C-2 DISTRICT;AP 10 -177 - Mayor Bettini declared the public hearing opened. (ED77-14) RESTAURANT AND STORAGE ADDITION TO LIFORNIA TENFOLD DEVELOPMENTS, INC., OWNER; File No. 10-5 Planning Director Hotchner informed the Council that the applicant has revised the plans since the Planning Commission hearing. Mr. Bohanec presented his new plans for the restaurant with valet park- ing, and for retail sales and storage. Mayor Bettini declared the public hearing closed. Councilman Jensen moved and Councilman Miskimen seconded, that the Council accept staff recommenda- tion to return the matter to the Planning Commission for further review, and that the applicant sub- mit the revised plans to the Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL (s77-3) TWO LOT SUBDIVISION, 37 SIRARD LANE. (AILEEN K. NEWMAN, ET AL, OWNERS; SHERMAN E. HOOL, REPRESENTATIVE; R-1 DISTRICT; AP 10-052-19/20/2 and 10-011-28) File No. 10-8 Continued to May 16, 1977, at applicant's request. 435 PUBLIC HEARING - PREZONING PreZ77-2 SAN PEDRO COVE, LOCATED ON THE SOUTH SIDE OF PT. SAN PEDOR ROAD WEST OF LOCH LOMOND MARINA; FROM COUNTY R -1:B-2 SINGLE FAMILY RESIDENTIAL, MINIMUM BUILDING SITE AREA 10,000 SQ. FT. ) DISTRICT,TO CITY P -D (PLANNED DEVELOPMENT) DISTRICT WITH CONDITIONS. INITIATED BY CHARLES PAGANINI, ET AL, MARIN TITLE GUARANTY CO., & 617 MONTGOMERY BUILDING INC., OWNERS; REPRESENTED BY ENVIRONMENTAL PLANNING & DESIGN ASSOCIATES. File 5-2-73 x 10-3 Mayor Bettini declared the public hearing opened. There being no one present to speak, the public hearing was closed. An ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, adopted by reference by Section 14.15.020 of the San Rafael Municipal Code so as to reclassify certain real property from R -1:B-2 (Single Family Residential) District to P-D(Planned Development) District, and numbering Charter Ordinance No. 1258, was read, introduced and ordered passed to print by the follow- ing vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Councilman Miskimen moved and Councilman Jensen seconded, to certify Environmental Assessment of Negative Declaration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon PUBLIC HEARING - PREZONING (PreZ77-3) SOUTH SIDE OF PT. SAN PEDRO ROAD EXTENDING TO SAN RAFAEL BAY, SOUTHWEST OF SAN PEDRO SCHOOL AND CONSISTING OF ASSESSOR'S PARCELS 16-213-03 THRU 09; 16-241-06/08/09 11/12; 16-242-08/09/12/13; 16-261-02/03/07/08/10; 16-271-10/11, from County R -1:B-2 to City R -1-B-2. INITIATED BY SAN RAFAEL PLANNING COMMISSION IN RESPONSE TO LAFCo. File 5-2-73 x 10-3 Mayor Bettini declared the public hearing opened. There being no one present to speak, the public hearing was closed. An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, adopted by reference by Section 14.15.020 of the San Rafael Municipal Code so as to reclassify certain real property from R -1:B-2 (Single Family Residential) District to R -1-B-2 (Single Family Residential) District, and numbering Charter Ordinance No. 1259, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon Councilman Miskimen moved and Councilman Jensen seconded, to certify Environmental Assessment of Negative Declaration. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: FINAL ADOPTION OF ORDINANCE NO. 1257, AMENDING CHAPTER 11.38 OF THE MUNICIPAL CODE - File 13-9 CHARTER ORDINANCE NO. 1257 - An Ordinance of the City of San Rafael Amending Chapter 11.38, Abandoned Vehicles, of the San Rafael Municipal Code by Authorizing the Code Enforcement Officer to Abate Abandoned Vehicles, was adopted as an ordinance of the City of San Rafael by the following vote, to - wit. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON SIDE DREDGING CONTRACT - File 12-10 Public Works Director Caillouette reported on results of the meeting of April 29th between City staff, representatives of the Corps of Engineers' District Office, and by approximately thirty Canal property owners. They discussed total quantities of dredging, and how the contract would be drawn up. The Corps of Engineers will be furnished with a map and list of properties whose owners have indicated they would like to have dredging done. The Corps will then make an estimate of the cost of the pro- posed work on private property. After this, another meeting will then be held as soon as possible to finalize matters. RE: RECOMMENDATIONS OF PARKS AND RECREATION COMMISSION RE FIRE IN OPEN PARK AREAS - File 13-5 x 12-5 x 9-3-65 Parks & Recreation Commission recommended that: Barbecues should be banned in Victor Jones, Santa Margarita and Gerstle parks; the only exception being that group barbecues may be held in Gerstle Park redwood grove area if group obtains fire permit from the Fire Department and a park use permit from the Recreation Department. The balance of the parks were considered non-critical areas at this time; however if in the future the fire potential becomes worse the Commission suggests that the Council consider closing all parks to barbecuing. The Parks Division and the Recreation and Fire Departments will coordiante in formulation and posting of fire rules, permits, and policing. Councilman Miskimen moved and Councilman Mulryan seconded, that the proposed restrictions be approved. 436 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: INTERIM REPORT, NEIGHBORHOOD STANDARDS ORDINANCE, AND RECREATIONAL VEHICLES IN FRONT YARDS PROPERTY MAINTENANCE ORDINANCE - File 153 Council directed the Planning staff to distribute copies of the interim report to homeowners' groups for their input, and return revised report to Council at the June 6, 1977 meeting. RE: PROGRESS REPORT ON CABLE TV MATTERS: File 9-7-4 a. Communication from Fairhills Property Owners Association b. Senior Citizens Rate c.Proposed Pay TV d. Franchise Renewal Continued to May 16, 1977 meeting. City Attorney to research FCC authority in Pay TV. RE: COMMUNICATION FROM MRS. LOUISE SOUSA - File 13-1-1 Mrs. Louise Sousa spoke regarding local police citing individuals who park in handicapped parking spaces on private property. She cited instances in both Northgate and Montecito shopping cengers where this has been occurring. City Attorney was directed to research Section 21107.08 of the Motor Vehicle Code with regard to the "Blue Curb Law" and report back to the Council at the June 6th meeting with information regarding the process by which to necessary ordinance may be enacted. RE: REQUEST TO INSTALL GUARDRAIL ON FAIRHILLS DRIVE - File 11-11 x 9-3-40 Request from Mr. Stewart L. Ross for guardrail on Fairhills drive, above his property, as a traffic safety measure. Staff recommended that the Council affirm the policy that in requests of this nature the property owner be asked to share in one half of the cost of the installation, and that this also encompass the repair and/or installation of fencing adjacent to private properties and City properties, parks, easements, and pedestrian ways, exclusive of open spac- areas. This is recommended due to limited funds budgeted for this purpose. Councilman Jensen moved and Councilman Miskimen seconded, that the Council approve the staff recommenda- tion regarding property owners sharing one half of the expense for abovementioned projects. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: DISCUSSION OF FIRE PROTECTION IN THE CANAL AREA - File 13-5 Councilman Miskimen stated he felt that the standards being maintained in some of the apartment houses in the Canal area by the property owners leave a great deal to be desired. Fire Chief Marcucci responded with information that fliers are being prepared for distribution to apartment house owners and managers, giving fire prevention information. He was asked by Council to work with the Canal Community Council and with Fred Auda of the Community Schools program in disseminat- ing the necessary information throughout the Canal area. RE: AUTHORIZATION TO GO TO BID - FIRE TRUCK - File 4-2-124 Councilman Jensen moved and Councilman Miskimen seconded, authorization to go to bid for a fire truck. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON MANDATORY UNEMPLOYMENT INSURANCE - File 9-2-27 Staff reported that there is a constitutional challenge to the Federal legislation requiring munici- palities to participate in the national unemployment compensation fund. This would have a potential impact on the San Rafael budget of $82,000, or approximately 3¢ on the tax rate. Staff requested authorization to inform the appropriate national organizations of the City Council's willingness to participate in this challenge to Federal authority. Councilman Mulryan moved and Councilman Miskimen seconded, to approve staff recommendation. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: LEASE AGREEMENT, PARKING LOT AT THIRD AND LINDARO STREETS - File 2-1-58 RESOLUTION NO. 5293 - AUTHORIZING THE SIGNING OF A LEASE AGREEMENT (With San Rafael Redevelopment Agency) AYES': COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon r— 437 ZE: RECOMMENDATION OF TRAFFIC ADVISORY COMMITTEE RE COURT STREET - File 11-14 3anK of America requests consideration of making Court Street one way heading south. Traffic Advisory ;ommittee recommends the suggestion be accepted as information to be included with any Redevelopment activities in that area. Council agreed that the Redevelopment Executive Director keep this request in mind in connection with the downtown development program. ZE: PLANNING DEPARTMENT WORK PROGRAM - File 9-3-17 ;ouncil reviewed the Planning Department Work Program, current and proposed, for 1977/1978. ;ouncilman Jensen moved and Councilman Miskimen seconded, that the work plan be adopted. kYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini VOES: COUNCILMEN: None kBSENT: COUNCILMAN: Nixon CZE: PROPOSAL FROM FLOOD ESTATE FOR APPRAISAL OF RAILROAD RIGHT-OF-WAY - File 11-1 x 2-10 Staff recommends that the Council authorize staff to continue to pursue the possibility of acquiring the Flood interest in the Northwestern Pacific Company railroad right-of-way between Lindaro and Auburn streets, and to develop and approximate appraisal cost. Councilman Mulryan moved and Councilman Miskimen seconded, that Council approve the staff recommenda- tion. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: RECOMMENDATION OF PLANNING COMMISSION RE PUBLIC TOILET FACILITIES - File 13-18 Request received from Planning Commission that a resolution be adopted requiring all restaurants and businesses in San Rafael to have public toilet facilities available. Mayor Bettini expressed the opinion that this is the responsibility of the individual business owner. No action was taken RE; EMERGENCY PURCHASE OF WATER TANK - File 9-3-40 Motion by Councilman Mulryan, seconded by Councilman Jensen, to approve Public Works' request for emergency purchase of a 10,000 gallon redwood water tank for a total price of $4,039.00, for installa- tion at Oleander Park. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: AGREEMENT WITH COUNTY BOARD OF SUPERVISORS RE RETIREMENT PLAN - File 7-1-24 Paragraph 7 of Agreement to be amended to include a provision that the Agency have the right to review costs, by mutual agreement of parties. RESOLUTION NO. 5294 - AUTHORIZING THE SIGNING OF A LESE OR AGREEMENT(With Marin County Board of Supervisors re entry of City employees into Marin County Employees Retire- ment Association, as amended) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The Council adjourned to Monday, May 16, 1977, at 8:00 PM. �/614 MARION A. GRADY, City Clerk APPROVED THIS DAY OF ,1977. 00� MAYOR OF THE CITY OF SAN RAFAEr 438 In Room 201 of the City of San Rafael, Tuesday, May 10, 1977 at 5:00 PM. Special Joint Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: City Manager, William J. Bielser; City Attorney, Harry A. Connick; City Clerk, Marion A. Grady RE: TRANSFER OF CITY OF SAN RAFAEL EMPLOYEES TO COUNTY OF MARIN RETIREMENT SYSTEM FILE NO. 7-1-25 Mr. John Averett reported that the County Auditor had reviewed the agreements for transfer of the City Employees into the County Retirement System and concluded that the amount necessary to administer the program should be raised from $15.00 to $20.00 per year for each retired member and from $35.00 to $75.00 per year for each active member. Since the timing for withdrawal from the State Public Employees Retirement System was critical, the Council agreed to the increase and directed staff to compile information and go back to the County next year and request that the $75.00 cost be justified in writing. RESOLUTION NO. 5295 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin and PERS, to transfer City of San Rafael Employees to County Retirement System) AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan, Nixon (RESOLUTION NO. 5296 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin to Administer Retirees' Retirement Program) AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini 'NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan, Nixon (RESOLUTION NO. 77-43 RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR AND AGENCY SECRETARY TO SIGN AN AGREEMENT WITH COUNTY OF MIARIN AND P.E.R.S. TO TRANSFER REDEVEL- OPMENT AGENCY PERSONNEL TO COUNTY RETIREMENT SYSTEM AYES: MEMBERS: Bettini, Jensen and Acting Chairman Miskimen 'NOES: MEMBERS: None ABSENT: MEMBERS: Nixon and Chairman Mulryan Moved by Mayor Bettini, second by Councilman Jensen that the employees be approached to pay 1/2 of Ahe cost of administering the plan. YES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan, Nixon MARION A. GRADY, City Clerk cl APPROVED THIS DAY OF 1977. 439 In the Council Chambers of the City of San Rafael, Monday, May 16, 1977, at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney jRE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Miskimen, to approve the recommended action on the following consent calendar items: I tem Approval of Final Map - Professional Parkway Associates RESOLUTION NO. 5297 - APPROVING FINAL MAP Building, a Condominium. File 5-1-236 OF CONDOMINIUM SUBDIVISION ENTITLED "PRO- FESSIONAL PARKWAY ASSOCIATES BUILDING, A CONDOMINIUM". Cultural Affairs Commission Recommendations re Extension Recommendation accepted. of Application Period. File 9-2-24 Progress Report on Houseboat Ordinance. File 144 Report received. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Approval of Minutes of the May 2, 1977 meeting. Approved as amended, to include conditions as requested by the various City departments, in connection wiht the public hearing on 905 Lincoln Avenue. Motion to approve minutes as amended made by Councilman Miskimen, seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ABSTAINED: COUNCILMEN: Nixon Approval of Summer 1977 Recreation Program. File 9-3-65 After discussion, Councilman Jensen moved to adopt the Program, seconded by Councilman Nixon. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL s77-3 TWO LOT SUBDIVISION, 37 SIRARD LANE AILEEN K. NEWMAN, ET AL, OWNERS; SHERMAN E. HOOL, REPRESENTATIVE; R-1 DISTRICT; AP 10-052-19/20/ AND 10-011-28). File No. 10-8 Mayor Bettini declared the public hearing opened. The Council heard Planning Director Hotchner and from Mr. Bill Lockett, representative for the owners. Mayor Bettini declared the public hearing.closed. Councilman Jensen moved and Councilman Miskimen seconded, that the subdivsion be approved and that the appeal be granted, subject nto- conditions set `by staff. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL (SR77-19) SIGN ADJUSTMENT TO PERMIT FREESTANDING SIGN - 1403 FOURTH STREET (ALLEN_ R. HALLOCK, SIR SPEEDY INSTANT PRINTING CENTER, APPELLANT; AP 11-251-04. 14MIr Mayor Bettini declared the public hearing opened. The Council heard from Mr. Allen Hallock, who stated he would like to maintain the sign at least until the revised sign ordinance is enacted. Mayor Bettini declared the public hearing closed. After discussion, Councilman Nixon moved and Council- man Miskimen seconded, to deny Mr. Hallock's appeal, but to stay enforcement pending the enactment of the amendment of the existing sign ordinance. At that time the stay would terminate and the matter would be governed by the ordinance as enacted. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 44® PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL SR77-21 SIGN ADJUSTMENT TO ALLOW TALLER LETTER: THAN SIGN PROGRAM PERMITS - 555 FRANCISCO BOULEVARD DISCO BLDG. BANK PLANNING, OWNER; MICHAEL ROBIN: REPRESENTATIVE; M DISTRICT; AP 14-152-17 & 22). File 10-11 Mayor Vettini declared the public hearing opened. The Council heard from Jim Cassidy, representing Stereo West, and from Victor St. Martin, representing Bank Planning. Mayor Bettini declared the public hearing close. Councilman Mulryan said he felt they should be bound by the Master Plan. Councilman Mulryan moved to deny the appeal. Motion seconded by Councilman Miskimen. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None PUBLIC HEARING- ABANDONMENT OF 2-' RADIAL ANCHI R;FAEL RACQUET CLUB ESTATES UNIT 4 -File 2-12 - AP 10-332-02, 51 WIMBLEDON WAY - LOT 110, Mayor Bettini declared the public hearing opened. There being no one present to speak, the public hear- ing was declared close. RESOLUTION NO. 5298 - RESOLUTION ORDERING, CLOSING, ABANDONING AND VACATING 20' RADIAL ANCHOR EASE- MENT, LOT 110, RAFAEL RACQUET CLUB ESTATES UNIT FOUR AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1258, AMENDING ZONING MAP (SAN PEDRO COVE) - File 5-2-72 CHARTER ORDINANCE NO. 1258 - An Ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from R -1:B-2 (Single Family Residential) District to P -D (Planned Development) District, (San Pedro Cove) 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 OF ORDINANCE NO. 1259, AMENDING THE ZONING MAP (PAGANINI POINT) - File 5-2-73 CHARTER ORDINANCE NO. 1259 - An Ordinance Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.15.020 of the San Rafael Municipal Code so as to Reclassify Certain Real Property from R -1:B-2 (Single Family Residential) District to R -1-B-2 (Single Family Residential District. (Paganini Point), 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 CANAL DREDGING - File 12-10 Interim report from Director of Public Works Caillouette, outlining two possible methods of accomplishing the dredging, was accepted by the Council. (Concilman Jensen left meeting) RE: REPORT ON BURGLAR ALARM ORDINANCE - File 9-3-30 An Ordinance of the City of San Rafael repealing Chapter 8.20 of the San Rafael Municipal Code, In- trusion Detection and/or Burglar Alarm and Fire Alarm Systems and Reenacting a new Chapter 8.20, and numbering Charter Ordinance No. 1260, was read, introduced and ordered passed to print by the follow- ing vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen (Councilman Jensen returned) RE: REPORT ON MASSAGE PARLOR ORDINANCE - File 9-10-3 The Council heard Paul Zamaria, Richard Timan and James Birdsall, representing various massage parlor owners and organizations, who presented divergent views on hours of operation, inclusion of trainees, and other points. After discussion Councilman Nixon moved and Councilman Jensen seconded, that the ordinance be adopted subject to the following stipulations based upon City Attorney Connick's memorandum: 1. That we do not include the words, "and to discourage prostitution" 2. That the time established be, open at 7:00 AM and close at 10:30 PM. 3. That there not be a section permitting a person to work as a trainee in a massage parlor. 441 4. Regarding certification in lieu of graduation, the motion is to indicate opposition to this factor. An ordinance of the City of San Rafael repealing Chapter 8.34, Regulations for Massage Establishments, Massage Services and Public Bathhouses, in its Entirety and Reenacting a new Chapter 8.34, and number- ing Charter Ordinance No. 1261, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen, Mulryan ABSENT: COUNCILMEN: None Mr. James Birdsall questioned the certification in lieu of graduation denail. Mayor Bettini explained that the ordinance has already been passed to print, so any amendments will have to be considered at the June 6th meeting. RE: REPORT ON SIGN ORDINANCE REDRAFT - File 125 Council reviewed and accepted report. RE: REPORT ON CABLE TELEVISION SERVICE - File 9-7-4 a. Communication from Fairhills Property Owners Association. Council heard from Wm. Gaffney and Stuart Ross of the Fairhills Homeowners Association, regarding lack of cable TV facilities in Fairhills. Mr. Kurt Jorgensen of Tele-Vue stated that his office is compiling information and will have cost figures for Fairhills installation in the near future. b. Senior Citizens Rate. Mr. Jorgensen reported that 32 seniors are presently enjoying the $2 rate, and that there are 256 units in senior citizens' homes under the bulk rate. Staff was requested to make recommendation to Council regarding Senior Citizen rates for persons 1who are on low income, but not necessarily under SSI. c. Proposed Pay TV. The subject of door-to-door sale of Pay TV was discussed. Councilman Mulryan moved and Councilman Miskimen seconded, to allow the Cable TV people to continue to sell Pay TV, but only on an invitational basis, not door-to-door, and that specifically we are reserving our right to exert whatever regulatory power we have over Showtime, and to incorporate, despite the regulatory power, (incorporate) the revenue from the Showtime into 'our considerations as far as the level of franchise tax and the base on which the franchise tax will be exerted; in other words, considering the entire financial picture, and the entire rate structure. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None d. Franchise Renewal. Councilman Mulryan moved and Councilman Jensen seconded, to continue to hold up the franchise renewal based upon all of the problems, until they are resolved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None (Councilman Jensen left meeting) RE: PRESENTATION OF THE FINAL PLANS, SPECIFICATIONS AND COST ESTIMATES ON CIVIC CENTER FIRE STATION - File 4-1-261 x 4-13-37 x 4-3-68 x 9-3-31 Council accepted the report that the contract drawings, specifications and final estimate areready for submission to the Council for final review. Estimated cost is $190,000. Councilman Miskimen moved and Councilman Mulryan seconded, that the matter be referred to staff for final review and call for bids. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen (Councilman Jensen returned) RE: REPORT ON WATER CONSERVATION ACTIVITIES - File 151 Council reviewed staff recommendation that the pipeline being installed across the Richmond -San Rafael Bridge become a permanent fixture. 449 RESOLUTION NO. 5300 - RESOLUTION URGING THE MARIN MUNICIPAL WATER DISTRICT TO MAKE PROVISIONS FOR EXTENDING THE USE OF THE PIPELINE OVER THE RICHMOND -SAN RAFAEL BRIDGE. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None F Council reviewed the Marin Municipal Water District Resolution No. 5149, commending the City of San `J Rafael for its support of the District's water rationing and conservation programs. Councilman Miskimen moved and Councilman Mulryan seconded, that a letter be written to the State legislature regarding ensuring that the Marin Municipal Water District grant request for $1.8 million to construct the temporary pipeline be completely funded by federal funds. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: AWARD OF BID - FIRE TRUCK - File 4-2-124 Councilman Jensen moved and Councilman Miskimen seconded, to award the contract for the new fire truck to Crown Coach, Inc. for a total price of $81,497, with a delivery schedule within thirty days. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON AMMUNITION UTILIZATION - File 9-3-30 Council considered report from Chief of Police Benaderet, recommending use of 38 caliber, 110 grain, controlled expansion ammunition, manufactured by Olin Corporation - Winchester Group. Councilman Nixon moved and Councilman Mulryan seconded, that the controlled expansion ammunition be approved for use by the Police Department as recommended by Chief Benaderet. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ORDINANCE AMENDING SECTION 2.08.030 SAN RAFAEL MUNICIPAL CODE - File 7-4 x 9-3-11 An ordinance of the City of San Rafael amending Section 2.08.030 (b) of the San Rafael Municipal Code Pertaining to the Employment, Discipline and Removal of Heads of Departments and Subordinate Officers, and numbering Charter Ordinance No. 1262, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen, Miskimen ABSENT: COUNCILMEN: None RE: ADOPTION OF BUILDING CODES - File 1-6-1 x 1-6-2 Item held over. RE: SCHEDULE OF BUDGET HEARINGS - File 8-5 Council reviewed and accepted schedule of budget hearings. RE: 1976 STATE PARK BONDS COMMUNICATION - File 12-5 RESOLUTION NO. 5301 - RESOLUTION OF THE CITY OF SAN RAFAEL APPROVING A PRIORITY PLAN FOR EX- PENDITURE UNDER PROVISIONS OF THE NEJEDLY-HART STATE, URBAN AND COASTAL PARK BOND ACT OF 1976. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Resolution to include provision that the County continue to fund its Local Assistance Program from General Revenue Sharing at the $200,000 level as they have this year. RE: RESOLUTION TO ACCEPT GIFT DEED - COWAN PROPERTY - File 2-1-59 RESOLUTION NO. 5299 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (GOVERNMENT CODE SEC. 27281) KNOWN AS THE COWAN PROPERTY (PORTIONS OF A.P.#14-125-03, 04, 05 & 06) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 443 RE: REQUEST FROM LITTLE LEAGUE RE WAIVER OF SEWER CONNECTION CHARGE - File 12-6 Motion by Councilman Nixon seconded by Councilman Miskimen for granting of waiver of sewer connection charge as requested by Little League, for the construction of their facility at Glenwood School. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR CITY ATTORNEY TO APPEAR AS AMICUS CURIAE - File 9-3-16 Councilman Jensen moved and Councilman Miskimen seconded, that City Attorney Connick be permitted to appear as amicus curiae to the Town of Fairfax in the case of Friedman vs Fairfax, in accordance with request from Town Attorney Wallace S. Myers. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to Monday, June 6, 1977, at 8:00 PM. MARION A. GRADY, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY Or SAN RAFAEL In Room 201 of the City of San Rafael, Tuesday, May 17, 1977 at 5:00 PM. Special 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 to discuss property acquistion. APPROVED THIS �it.�to,...• �t . / vii .c MARION A. GRADY, City Clerk DAY OF &emv 0%9�z� MAYOR OF THE CITY OF SAN RAFAEL 1977. , 1977 In the Council Chambers of the City of San Rafael, Monday, June 6, Regular Meeting: 1977, at 8:00 PM. Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Harry A. Connick, City Attorney RE: PRESENTATION OF ANNUAL CENTENNIAL STUDENT AWARD - File 109 Mr. Bryce Anderson presented the Annual Centennial Student Award to David Mayer of Terra Linda High School. Other students who had made community contributions were presented with certificates and Centennial coins. RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Jensen seconded to approve recommended action on the follow- ing consent calendar items: Item Approval of minutes of May 16, 1977 meeting. Recommended Action Approved as submitted. Request for County Urban Thoroughfare Funds for In- RESOLUTION NO. 5301 - REQUESTING ALLOCATION OF tersection Improvements on Second Street at A. C and D FUNDS FROM COUNTY ROAD FUND OF THE COUNTY OF Streets. File 4-13-8 MARIN PURSUANT TO SEC. 2106 ET SEQUITUR OF THE STREETS & HIGHWAYS CODE. Agreements for Bellam Blvd. Widening: a. Project Agreement between City and State. b. Funding Agreement between City and Redevelopment Agency. File 4-8-18 Reversion to Acreage of Portion of San Rafael Cayes (Spinnaker Point). File 5-1-237 Claim for Damages - Alfred F. Daubenfeld, File No. 3-1-276. Claim for Damages - Howard Irving Hasler, File No, 3-1-282 Parks & Recreation Commission Recommendation re Capital Improvements to the Terra Linda Recreation Center. File 9-3-65 Presentation of Draft of Floating Home Marina Ordinances. File 144 RESOLUTION NO.. 5302 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE BELLAM BLVD. ROADWAY IMPROVEMENTS PROJECT. RESOLUTION NO. 5303 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREE- MENT WITH THE SAN RAFAEL REDEVELOPMENT AGENCY FOR THE BELLAM BLVD. ROADWAY IMPROVEMENTS PRO- JECT. Public Hearing set for June 20, 1977. Denied and referred to Insurance Carrier. Denied and referred to Insurance Carrier. Referred to staff for cost estimate. Reviewed. Protest Hearing on Paganini Point Annexation. File RESOLUTION NO. 5311 - RESOLUTION OF THE CITY 5-1-73 COUNCIL OF THE CITY OF SAN RAFAEL INITIATING PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY DESIGNATED AS "PAGANINI POINT" TO THE CITY OF SAN RAFAEL. (Public Hearing set for July 5, 1977) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None EABSENT: COUNCILMEN: None RE: BID OPENING - AWARD OF CONTRACT - GLENWOOD SCHOOL SITE TENNIS COURTS - File 4-1-254 RESOLUTION NO. 5304 - RESOLUTION OF AWARD OF CONTRACT (To O.C.Jones and Sons) (Project No. 19-9881- 76.111) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1260, REPEALING CHAPTER 8.20 OF THE SAN RAFAEL MUNICIPAL CODE BURGLAR ALARMS - File 9-3-30 CHARTER ORDINANCE NO. 1260 - An Ordinance Repealing Chapter 8.20 of the San Rafael Municipal Code, In- trusion Detection and/or Burglar Alarm and Fire Alarm Systems and Reenacting a New Chapter 8.20, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: 445 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1261, REPEALING CHAPTER 8.34, REGULATIONS FOR MASSAGE ESTABLISH- MENTS - File 9-10-3 CHARTER ORDINANCE NO. 1261 - An Ordinance Repealing Chapter 8.34, Regulations for Massage Establish- ments, Massage Services and Public Bathhouses, in its entirety and Reenacting a New Chapter 83.34, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen, Mulryan ABSENT: COUNCILMEN: None Suggested amendments will be heard at the Council meeting of June 20, 1977. Mr. Alan Mayer requested a closing time of 3:00 AM, and Mr. Paul Zamarian requested an amendment regarding certification re- quirements for massate practitioners. They were informed that they will be heard at the meeting of June 20, 1977. RE: FINAL ADOPTION OF ORDINANCE NO. 1262, AMENDING SECTION 2.08.030 (b) OF THE SAN RAFAEL MUNICIPAL CODE - File 7-4 x 9-3-11 CHARTER ORDINANCE NO. 1262 - An Ordinance Amending Section 2.08.030 (b) of the San Rafael Municipal Code pertaining to the Employment, Discipline and Removal of Heads of Departments and Subordinate Officers, was adolted 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: AGREEMENTS FOR SAN RAFAEL CANAL DREDGING - File 12-10 x 4-10-103 RESOLUTION NO. 5305 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE OWNERS OF PRIVATELY OWNED PROPERTY WITH RESPECT TO CERTAIN DREDGING AT THE SAN RAFAEL CANAL, SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini --- NOES: COUNCILMEN: None f ABSENT: COUNCILMEN: None 1 :RESOLUTION NO. 5306 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE UNITED STATES OF AMERICA WITH RESPECT TO CERTAIN DREDGING AT THE SAN RAFAEL CANAL, SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Manager Bielser briefed the Council on the necessity for finding a land disposal site for pollutants which were discovered during bottom sampling in the inner channel. Pickleweed Park un- developed area is being checked by the Corps of Engineers for possible disposal site, and appears to be the only available site in the area. Members of the Canal Community Council objected to this procedure, as being a health hazard. Public Works Director Caillouette stated that, after the material had been worked and dried, if any type of danger existed it would then be removed from the site. The Canal Community Council members asked for further discussion on the matte before a final decision is made. Councilman Miskimen then moved, and Councilman Mulryan seconded, that the Council authorize up to 15,000 yards to be placed on Pickleweed Park site, with any discussion or decision to be postponed until a meeting on June 13, 1977 at 7:30 PM, which will give time to consider the possible question of an additional amount of spoils. Also, if tests prove at the end of the drying period that it is unsafe, the City agrees on its removal. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: HOUSING AND COMMUNITY DEVELOPMENT ACT, 4TH TO 6TH YEAR FUNDING - File 147 Council heard a report from Mr. Sol Silver and Ms. Barbara Slotnik of the County of Marin, explaining the community development strategy for the next three years. RE: COMMUNICATION FROM DIXIE LITTLE LEAGUE - File 109 Council considered a request from Dixie Little League for provision of a perpetual Mayor's Trophy to be presented to the winning team when they hold their All Star Tournament. Councilman Miskimen moved and Councilman Mulryan seconded, that the cost of such a trophy be investi- gated by staff and reported back to the Council. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 446 RE: RECOMMENDATION OF PARKS & RECREATION COMMISSION FOR ITWICE A MONTH MEETING - File 9-2-4 Parks & Recreation Commission amended their recommendation for meeting twice a month. They plan, in- stead, to hold one commission work session or study session per month only as needed. This would not require staff attendance. RE: COMMUNICATIONS FROM SAN RAFAEL PLANNING COMMISSION - File 9-2-6 a. Notifications. Staff to suggest policy to Council for approval. Commission will work on cost figures for various methods of notification. b. Sound System. Complaint regarding sound system in Council Chambers. Staff reported that renovation of the present system is being investigated. c. Third Meeting per Month. Commission will hold study sessions only, on an as needed basis. RE: PROPOSED OUTDOOR CONCERT SERIES - File 9-3-82 Council considered a proposal from Community Projects Director Snyder regarding a series of five out- door concerts - four of them would be noontime concerts, two at Court House Square and two at Falkirk. The fifth concert would be on a Sunday afternoon at Falkirk. Director Snyder listed various methods of funding, including matching funds from the Musicians' Union Transcription Fund; solicitation from local downtown banking or business firms; or possible funding from Redevelopment to stimulate interest in downtown redevelopment. It was agreed that this should be brought up at budget time and that meanwhile staff should contact the Chamber of Commerce about possibility of contributions and inform the Council at the budget hear- ing. RE: EXPIRATION OF TERMS OF COMMISSIONERS. a. Board of Review - File 9-2-12 b. Planning Commision - Al Boro and John Starkweather - File 9-2-6 Council directed staff to call for applications, review will be in thirty days, with present Commis- sioners being interviewed along with new applicants. RE: COMMUNICATION FROM MARIN COUNTY SUPERINTENDENT OF SCHOOLS RE WAIVER OF NONRESIDENT SWIM FEES FOR HANDICAPPED - File 9-3-65 Councilman Jensen moved and Councilman Miskimen seconded, that the County Schools' request for waiver of nonresident swim fees for handicapped be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED CHANGES MUNICIPAL CODE RE BICYCLES - File 9-2-4 Proposed draft of Municipal Code concerning operation of bicycles, and a resolution promoting safer bicycling, were reviewed by the Council and referred to the City Attorney to research the Vehicle Code regarding bicycles and to look into the legal implications of permitting bicycles to be ridden on sidewalks, and report back to Council. RE: CITY OF SAN RAFAEL WATER CONSERVATION PROGRAM - File 9-3-40 Councilman Mulryan left meeting) a. Report on Current Status of Water Conservation b. Proposed Ordinance for Water Well Use and Standards in City of San Rafael. City Manager Bielser stated for the record that he may have an actual or potential conflict of interest in this matter since he is the owner of property adjacent to his residence which could be controlled by the well. Consequently he will take no part in the discussion or decisions. Public Works Director Caillouette then addressed the Council. a. Council approved staff report. b. Council set June 20, 1977 for public hearing on the proposed ordinance. RE: PROPOSED USE OF OPEN SPACE LANDS - File 13-5 a. Policy for Removal of Fire Hazard Debris from Open Space Land by Adjacent Private Property Owner. Councilman Miskimen moved and Councilman Nixon seconded, that staff recommendation be approved. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan 447 b. Request for Approval for Access over Open Space Land for Fire Hazard Debris Removal. Councilman Jensen moved and Councilman Miskimen seconded, that staff recommendation be approved. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan (Councilman Mulryan returned to meeting) RE: REQUEST RENEWAL OF LEASES FOR COMMUTER PARKING LOTS UNDER HIGHWAY 101 STRUCTURE - File 4-8-14 Council discussed communication from State Department of Transportation regarding the raising of lease on parking area in question to $1,800 per month, which is the fair market rental. Staff was requested to write Senator Behr and Assemblyman Wornum, protesting the increase based on the fact that these lots are important to commuter parking, and requesting that they ask the Department of Transportation to reconsider. RE: ORDINANCE AUTHORIZING SALE OF PROPERTY AT FOURTH AND UNION STREETS TO THE REDEVELOPMENT AGENCY - File 2-7 Mayor Bettini left the meeting, citing a conflict of interest. Vice Mayor Jensen presided. An Ordinance of the City of San Rafael Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency, and numbering Charter Ordinance No. 1263, was read, introduced and ordered passed to print by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting Mayor Jensen COUNCILMEN: None COUNCILMEN: Bettini RE: SURVIVOR COVERAGE - File 7-1-27 (Mayor Betti-ni returned during discussion) a. Adopt Provisions of Article 15 of the Government Code. b. Request County of Marin Board of Supervisors to act Favorably on the Proposal. After discussion of methods of providing survivor benefits, Councilman Miskimen moved and Councilman Nixon seconded, to adopt Article 15 of the Government Code. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixo n then moved, and Councilman Miskimen seconded, to request the County Board of Supervisors to act favorably on the matter. RE: RESOLUTION OF COMMENDATION FOR RETIRING EMPLOYEES - File 102 Councilman Nixon moved and Councilman Miskimenseconded that staff be authorized to prepare the neces- sary retirement resolutions commending the employees soon to retire. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: LETTER OF RESIGNATION FROM CITY CLERK MARION A. GRADY - File 9-3-14 Council received a letter from City Clerk Marion A. Grady, announcing her resignation effective July 31, 1977. Councilman Jensen moved and Councilman Miskimen seconded, that the resignation be accepted with regret. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini r--� NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to Executive Session to discuss pending litigation and property acquisition. APPROVED THIS REGINA A. BUCHANAN, Deputy City Clerk DAY OF &01*410 44; 0'., MAYOR OF THE CITY OF SAN RAFAEL , 1977. In Room 301, in the City Hall of the City of San Rafael, Monday, June 13, 1977, at 8:00 PM. 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: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: REVIEW OF PRELIMINARY BUDGET, FY 1977/78 - File 8-5 The Council met for the first hearing on the 1977/1978 fiscal year budget, considered the indi- vidual budgets and it was moved, seconded and carried that $4,000.00 be added to the City Clerk's Elections budget; that a new position, Assistant City Manager, be added to the City Manager's budget; and that the position of Administrative Assistant to the City Manager, and one of the Assistant to City Manager positions, be deleted. The position of Assistant City Attorney was added to the City Attorney's budget by a vote of 3-2, with Councilmen Miskimen and Nixon dissenting. It was moved, seconded and carried to approve a reclassification from Steno Clerk II to Secretary for the Personnel Department. Finance and Planning departments' budgets were approved with no changes. The Council adjourned to June 14, 1977. MARION A. GRADY, City Clerk APPROVED THIS DAY OF , 1977. MAYOR OF THE CITY OF SAN RAFAEL In Room 301, in the City Hall of the City of San Rafael, Tuesday, June 14, 1977, at 7:30 PM. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskemen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk. RE: REVIEW OF PRELIMINARY BUDGET, FY 1977/1978 - File 8-5 The Council met for the second hearing on the 1977/1978 fiscal year budget, and considered the scheduled budgets. It was moved, seconded and carried to transfer the Central Services Yard Clerk to Public Works where he will be a combination Yard Clerk and Dispatcher; to have Scott Tilden stay on for the coming year, after his retirement August 1st, as Landscape Architect and Design Consul- tant for a flat fee of $6,000; and to reclassify the Steno Clerk II in the Building Inspection Division of Public Works Department, to Secretary. The proposed budgets for the Public Works Con- solidated (as revised); Administration/Engineering; Streets, Parks; and Building Inspection (as re- vised); Sanitation Service, General Services, Consolidated (as revised); Central Services; Building and Electrical Maintenance; Central Garage, and Parking District, were approved by motion which was seconded and carried. It was moved, seconded and carried to approve the Nondepartmental budget after reducinq Outside Legal Services from $9,000 to $3,000, and deleting $1,000 for Interns. Bond Retirement Budget was approved. It was moved, seconded and carried to amend the Gas Tax Fund to reduce Major Street Patching and Repair from $40,000 to $35,000 and to raise the Catch Basin Replacements amount from $5,000 to $10,000. It was moved, seconded and carried to amend the Redevelopment budget to reclassify the Real Estate Office to Associate Director, with a salary increase of $200/month; budget approved as amended. The Council adjourned to June 15, 1977. MARION A. GRADY, City C lerk APPPOVED THIS DAY OF , 1977. dAwdw=7 MAYOR OF THE CITY SAN RAFA L 45® In the Council Chambers of the City of San Rafael, Adjourned Regular Meeting: i Also Present: William J. Bielser, City Manager Wednesday, June 15, 1977, at 7:30 PM. Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman (Arrived durino Recreation Dept. Budget Hearing) Jack G. Nixon, Councilman RE: REVIEW OF PRELIMINARY BUDGET, FY 1977/1978 - File 8-5 The Council met for the third hearing on the 1977/1978 fiscal year budget, and considered the scheduled budgets. Councilman Miskimen moved and Councilman Jensen seconded, that the Library budqet as presented by staff be increased by $3,613 for membership in the North Bay Cooperative Library Service, $1,000 for the purpose of continuing the program of Community Service, and a total of $12,000 be added for the purpose of augmenting the book budget and continuing the Bookmobile service, the decision to be made by the Library Board; and continuation of the reduced 104 tax rate as proposed by staff. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan It was noted that the Recreation Department budget deleted the position of Senior Recreation Super- visor. It was moved, seconded and passed to approve the Recreation Department budget as presented. (Councilman Mulryan arrived) q Under Cultural Affairs budget, Director Snyder requested consideration of $1,200 for a consulting curator for Falkirk. Commission Chairman Mary Dekker also stressed the necessity, indicating that they had thoroughly exhausted the possibility among volunteers. After discussion Councilman Jensen moved and Councilman Nixon seconded, to accept the budget as recommended by staff. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: None It was moved, seconded and carried that the Police Department, Fire Department, and CSA #19 budgets be approved as recommended. The Civil Defense budget was approved upon motion of Councilman Jensen, seconded by Councilman Mul- ryan, with the understanding that if the City does not get reimbursed for the cost of the radios capable of tying into the regional network, that the funds will come out of the Replacement Fund. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: None It was moved, seconded and carried, to approve the Capital Improvement budget as submitted. Under Worthy but Unfunded Items, the following were approved by motion, seconded and carried: Collator, at $1,200; Falkirk Concert at $1,500 (with Director Snyder to find means of obtaining con- tributions for at least 40%); Microfilm Equipment; Vacuum Sweeper approved subject to allotment of funds, with cost to be allocated between City and Redevelopment based on usage, total $54,000. The Bahia Community Coordinator budget was approved, subject to allocation of $18,500 by the City, with $5,000 from the City Schools and from $4,000 to $9,000 from the County, with a complete report to be furnished at the July 5th Council meeting. Under Worthy but Unfunded Items, Councilman Nixon moved and Mayor Bettini seconded to approve the allowance of $25.00 per meeting for a maximum of $50.00 per month for Planning Commission members. AYES: COUNCILMEN: Nixon NOES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini ABSENT: COUNCILMEN: None A Management Control System for Public Works was added to the list of Worthy but Unfunded Items, with Councilman Miskimen moving and Councilman Nixon seconding, that the program be kept on a two-year basis with $10,000.00 being expended each year. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5307 - RESOLUTION AMENDING SECTION 1.5 OF RESOLUTION NO. 5135 PERTAINING TO THE COM- PENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES. (Office Engineer & Deputy City Attorney) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 451 RESOLUTION NO. 5308 - RESOLUTION AMENDING SECTION 1.1 OF RESOLUTION NO. 5134 PERTAINING TO THE COM- PENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYEES. (Senior Draftsman & Treasury Accountant) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5309 - RESOLUTION ESTABLISHING PAY CLASSIFICATIONS FOR PARTTIME RECREATION EMPLOYEES. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5310 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With William J. Bielser, extending contract to July, 1980) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 77-54 (REDEVELOPMENT) - RESOLUTION ADOPTING REDEVELOPMENT AGENCY EMPLOYEE SALARY RANGES AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to an adjourned regular meeting on June 27, 1977. MARION A. GRADY, City Clerk APPROVED THIS DAY OF , 1977. � 1JeJw!i_0& C__ MAYO OF THE CI?Y RAFAEL 452 In the Council Chambers of the City of San Rafael, Monday, June 20, 1977, at 8:00 PM. Regular Meeting Present: Fred E. Jensen, Acting Mayor John A. Miskimen, Councilman Lawrence E. Mulryan, Councilm Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Con City Attorney RE: CONSENT CALENDAR Councilman Miskimen moved and Councilman Mulryan seconded, to approve the recommended action on the following consent calendar items: Item Approval of minutes of meeting of June 6, 1977 Report on Mayor's Trophy. File No. 109 Set July 5, 1977 for next Regular Meeting. Resolution Authorizing Destruction of Records Over Two Years Old. File No. 9-13 Signing of Hold Harmless Agreements re Canal Swim Program. File 9-3-65 Report on Neighborhood Standards Ordinance. File 153 Joint Powers Agreement, Command Vehicle, Fire Department. File 4-13-49 Hold Harmless Agreement - Weather Station. File 4-10-104 Set Fee for Applications to Amend the General Plan - File 9-10-2 Recommended Action Approved as submitted. Report accepted. Meeting date of July 5, 1977 set. RESOLUTION NO. 5312 - AUTHORIZING DESTRUCTION OF RECORDS OVER TWO YEARS OLD. RESOLUTIONS NOS. 5313, 5314, 5315, AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (For Canal Safety Swim Program). Report accepted. RESOLUTION NO. 5316 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Re Command Vehicle Joint Powers Agreement). RESOLUTION NO. 5317 - AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With David Boyd). RESOLUTION NO. 5318, SETTING FEE FOR AMEND- MENTS TO GENERAL PLAN. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini PUBLIC HEARING - PROPOSED WATER WELL CONTROL ORDINANCE - File 9-3-40 Acting Mayor Jensen declared the Public Hearing opened. Public Works Director Caillouette explained the necessity for such an ordinance and stated that it is based on California Department of Water Resources standards, and that upon checking he found it is more restrictive than Sonoma County's and Santa Rosa's ordinances. Mr. Bryan McCarthy, President of Marin Property Owners Association, stated he feels the proposed ordinance is too stringent. He cited page 4, which he thought was too restrictive with regard to Section 9.24.060, Water Well Flow Requirements; he also stated that this appears to be an attempt to combine two ordinances - one for water for human consumption, and one for irrigation water. He felt that the two should be separated. Mr. Ray Swanson and Mr. Marion Ludlow stated they thought the proposed ordinance was too restrictive, especially when it involved a person digging a well in their own back yard. Mr. Gerald Bakerink in- quired about the requirements for drilling a well, and Public Works Director Caillouette replied that requirements of the Health Department, Marin Municipal Water District and State Water Quality Con- trol Board must be met. Acting Mayor Jensen closed the public hearing. After discussion, Councilman Mulryan moved and Councilman Miskimen seconded, that the ordinance be referred back to staff for clarification of the items mentioned, and that the item be continued for one month. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Acting Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini Councilman Miskimen suggested that staff consult a well expert to have the various questions answered.