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HomeMy WebLinkAboutMinutes 1973-1977 pt. 3In the Council Chambers of the City of San Rafael, Wednesday, September 4, 1974, at 8:00 O'Clock P.M., Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman i John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: CORTE MESA SUBDIVISION AGREEMENT - EXTENSION OF TIME - FILE 5-1-219 Director of Public Works Caillouette reported that Mr. Parnow, developer of the subdivision, has advised that he will have the work (including the water line temporarily serving the subdivision) completed within thirty days. He recommended extension to October 7, 1974. Mr. Gerald Craner, 158 Glen Park Avenue, said that the 30 -day extension would be acceptable, if the work is completed as agreed by the developer. After Council discussion, Councilman Jensen moved, and Councilman Mulryan seconded the motion, to grant the extension to September 16, 1974. j RESOLUTION NO. 4834 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Corte Mesa, a Joint Venture - to September 16, 1974) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - SAN RAFAEL GENERAL PLAN - FILE 115 Mayor Bettini opened the public hearing on the 1974 San Rafael General Plan. He advised that Council will review the General Plan Chapter by Chapter starting with Chapter 1, and that no final action will be taken until all Chapters are completed. Planning Director Hotchner presented a brief summary and the Planning Commission recommendation regarding the San Rafael General Plan. Mr. Dick Rodriguez, on behalf of the Citizens Advisory Committee on the General Plan, very positively endorsed the Plan. He said the Committee has not yet had an opportunity to review the final Planning Commission action and would have some specific comments at a future public hearing. Mr. Don Edmondo, 10 Tweed Terrace, represented the Loch Lomond Homeowners Association. He expressed opposition to Basic Policies 2 and 9, as written. He also felt there should be a better definition of the "existing developed areas" and the non-developed areas under Zoning in Section D of Chapter 1. Other persons addressing the Council were Harry Winters, 201 Spring Grove Avenue, Mrs. Bruemmer, 100 Santa Margarita Drive, Martin Gutteling, 8 Los Robles Drive, Norman Higby, representing the Home and Business Preservation League, and William Dresia, 107 Santa Margarita. Mr. Gutteling cited Table 2, Residential and Open Space Review Areas, and voiced concern that large areas could be gradually developed under the residential review ordiance. Mr. Higby said they definitely opposed the plan and would come back with specifics at a later meeting. Mr. Winters cautioned against rewording without careful consideration of State requirements. The Council requested that Mr. Robbins be asked to attend future meetings to provide legal direction. The staff was also directed to further publicize the future public hearings. Two changes were made in Chapter 1: In Table 2, the asterisk under "Residential Potentials Map" in the "Multi -Use Activity Center, Downtown" was removed; and the wording on page 3, column b, Zoning, 8th line of the second paragraph was changed from "...five dwelling units..." to "two or fewer dwelling units or one parcel" The Council felt that the wording contained in Basic Policy 2 should be reviewed with the City Attorney before any action was taken. Motion by Councilman Nixon, second by Councilman Mulryan, to approve in principle Chapter 1 of the 1974 San Rafael General Plan, with the exception of Basic Policies Nos. 2 and 9. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Bettini opened the public hearing on Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. Mr. Harry Winters referred to the slope policy and felt it should be in the open space ordinance since much of the slope area is included in the open space area. The public hearings on the San Rafael General Plan and the Amendments to the Conservation and Open Space Element were continued to September 11, 1974. The meeting was adjourned to September 11, 1974 at 8:00 P.M. MARION A. GRADY, City Clerk l APPROVED THIS / /p%� DAY OF 19 MAYOR OF THE CITOF SAN RAFAEL I27 I28 1 TIn the Council Chambers of the City of San Rafael, Wednesday, September 11, 1974, at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor (8:30 P.M.) Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Since Mayor Bettini was detained, Acting Mayor Miskimen presided. He reopened the public hearings on the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. Chapter 11, Conservation and Open Space, was the first item for consideration. Planning Director Hotchner reported on the amendments to the Conservation and Open Space Element which was adopted in May, 1974. Mr. Harry Winters, 201 Spring Grove Avenue, referring to Chapter 1, pointed out that rewording to 112 or fewer units on 1 lot" in Table 2 under "Residential and Open Space Review Areas" would conform to the resision on page 3, col. b. He also suggested deletion of the words "Which May Be Used By The City" from the heading preceding item 8, page 4, col. d; revision of sub -items), item 8, to "Open Space Zoning Ordinance;" and submitted a paragraph for inclusion in item 8. Dr. Stanley Hellman, President of the East San Rafael Council, suggested that sub -item t) be added under item 8, "Assessment District." Mr. Dick Fox, 127 Humboldt, commented in regard to the addition of the word "Zoning" to the proposed "Open Space Ordinance," and whether the City will have a Recreation Element in the General Plan. Both the Planning staff and the City Attorney recommended that the Open Space Ordinance not be included in the Zoning Ordinance. City Manager Bielser and Commissioner Schoen advised that a proposed Parks and Recreation Master Plan, intended to constitute the Recreation Element, is now being reviewed by the Parks and Recreation Commission. Mr. Norman Higby, of the Home and Business Preservation League, spoke against the proposed General Plan and contended that the Open Space Element as proposed is inflationary and would be costly to the residents of San Rafael, destructive to individual property rights, cause added strain on elderly and retired persons and young people, and does not include a cost analysis to enable citizens to evaluate the program. He questioned the legality of procedures for property acquisition and regulation and referred to disproportionate allocation of open space benefits through matching funds for assessment districts. City Manager Bielser stated the policy adopted by the City Council and followed by staff with respect to Assessment Districts. The Council discussed the various points raised by Mr. Higby. Mr. Don Edmondo, representing the Loch Lomond Homeowners Association, supported the Conservation and Open Space Element. He suggested some change in wording in item 6, page 4, col. d, to the effect that it does not apply to all open space land. Planning Director Hotchner suggested the addition of the words, "where appropriate" in the ninth line of item 6 as a solution. Mrs. Jeanette McCusker spoke against the addition of "Assessment District" to item 8. Mr. William Dresia expressed interest in seeing an economic analysis of the General Plan. In Chapter 1, the following corrections were made: On page 3, col a, para D, "Table 4" was changed to "Table 2." On page 1, Table 2, Residential and Open Space Review Areas, the wording under both Developed Land and Undeveloped Land was changed to 112 or fewer units on 1 lot." The proposed changes were discussed and the City Council took the following action: The City Attorney was directed to review and report to the Council by September 20, 1974, regarding the addition of the,word "Zoning" to the proposed Open Space Ordinance. Motion by Mayor Bettini, second by Councilman Miskimen and unanimously carried, that a Park Dedication Ordinance not be referred to the Parks and Recreation Commission as suggested, and that such an ordinance not be included in the General Plan. The following revisions to Chapter 11 were made: 1. On page 4, col. d, item 6, line 9 was amended to read, "permitting flexibility where appropriate for the purpose of" 2. On page 4, col. d, item 7, the date of May 21, 1974 was corrected to read June 4, 1973. 3. On page 4, col. d, the words "Which May Be Used By The City" were deleted from the title immediately preceding item 8. 4. On page 4, col. d, the following paragraph was added at the end of item 8: 1143 9 ''In subdivision applications within City Boundaries on ''Potential Open Space Sites'' shown on Map 2, the open space values of the site and the implications of the proposed subdivision with respect to these values will be considered by the Planning staff and Commission. Where any significant open space values are determined to exist, the techniques listed will be addressed.'' 5. On page 4, col. d, item d, a sub -item was added, as follows: 't) Assessment District.'' Chapter 11 of the 1974 San Rafael General Plan was approved in principle with the revisions as outlined above. Mayor Bettini presided following completion of Chapter 11. The Council discussed the proposed economic analysis of the General Plan by Keyser -Marston Associates and the time constraints and cost for such a study. Motion by Councilman Miskimen, second by Councilman Nixon, that with regard to Chapter IV, Housing --- this is the question of low and moderate income housing ---that we ask the consultant to give us the cost of providing 100 units per year at 50 percent of market rates with an equal mixture of low and medium housing as provided by the County -wide economic study by Baxter, McDonald and Smart for the proposals of subsidizing housing; paragraph 3, items a, b, c, e, g, and h, sub -items 1, 2 and 3. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that the preceding motion by Councilman Miskimen be tabled to the next meeting. The Council adjourned to September 13, 1974 at 8:00 P.M. MARION A. GRADY, City Clerk APPROVED THISDAY OF �C/��-lC� , 19 17 MAYOR OF THE CITY OF SAN RAFAEL 130 In the Council Chambers of the City of San Rafael, Friday, September 13, 1974, at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Mayor Bettini reopened the public hearings on the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. Planning Director Hotchner gave a report on Chapter III and the revisions from the initial plan made during public hearings of the Planning Commission. In answer to a question from the Council as to possible City responsibility in the event'of approval of a project that is not in line with the General Plan, Mr. Hotchner advised that would be a legal matter; however, he felt the City does have some liability if the General Plan is not followed. Mr. Dick Rodriguez of the Citizens Advisory Committee on the General Plan, Mr. Dick Fox, Mr. Don Edmondo, representing the East San Rafael Council, and Mr. James Ring, addressed the Council. Mr. Edmondo endorsed the plan with the suggestion that low occupancy uses be categorized the same as high occupancy uses in Table 4. Mr. Ring noted that the Uniform Building Code covers the require- ments under A, B, C and D in Table 4 and suggested that a structural engineer be involved at this point in the designations of the risk zones. He expressed approval of the policy statements on Page 8, col. b. Plan Development Coordinator Brust reported as to the extent of regulation and investigation, the function of the proposed Geotechnical Review Board, and recommended that a structural engineer be included on the Review Board. Following discussion of the Chapter, a motion by Councilman Mulryan to approve Chapter III as recommended by the Planning Commission, in principle, was seconded by Councilman Miskimen and unanimously carried. City Planner Ott gave the staff report on Chapter IV, Housing and the Residential Environment. He reviewed the residential review procedure and Planning Commission recommendation that projects be acted on four times a year. He said this should not increase the time required to complete a project, in view of present EIR requirements. Mr. Don Edmondo represented the Loch Lomond Homeowners Association. He felt that the City should do everything possible to allow people with low and moderate income to remain in San Rafael but not to increase the proportion. He asked that wording relating to low and moderate income housing be reviewed and clarified. He also requested revision of wording in Chapter IV, and the Appendix, to insure that the neighborhood plan would be followed unless there is a compelling reason why it should not be followed. He suggested that a Slope Policy be included in the Plan. City Planner Ott advised that the Slope Policy will be before the Planning Commission within thirty to sixty days and will be included in the zoning ordinance. Regarding suggested revisions to the Appendix, Planning Director Hotchner advised that the consultant will provide revised information on this change which will be presented to the Planning Commission for review. Mayor Bettini suggested that the wording on line 13 of the fifth paragraph on Page 14, col. c be revised as follows: ''Profiles for each of the neighborhoods are being prepared;'' The two public hearings were continued to September 16, 1974 after the regular meeting agenda. Thisl should be no later than 9:45 p.m. Councilmen Mulryan and Nixon were appointed as a sub -committee to meet with Keyser -Marston Associates regarding an economic study. The Council set September 23, 1974 at 8:00 P.M. as the tentative date for a presentation from Keyser -Marston Associates. The City Attorney was instructed to present a written opinion on the consequences of not adopting the General Plan by September 20, 1974 to the Council at the meeting of September 16, 1974. The Council adjourned to September 16, 1974. MARION A. GRADY, City Cler APPROVED THIS AY OF 192 _11 e MAYOR OF THE CITY OrP SAN RAFAEL 1.31 In the Council Chambers of the City of San Rafael, Monday, September 16, 1974, at 8:00 O'Clock P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to approve the recommended action of the following Consent Calendar items: Item Approval of Minutes - Special and Regular Meetings of September 3, 1974 and Adjourned Regular Meeting of September 4, 1974. Claim for Damages - Gary and Pamela Boatright, Claimants - FILE 3-1-119 Claim for Damages - Walter F. Freitas, et al, Claimant - FILE 3-1-116 Chamber of Commerce Contract Proposal. Proposed increase - Business License Fees. Drug Abuse Enforcement Program Report. Appeal of the Denial of a Permit for Massage Studio at 548 Third Street. Recommended Action Approve as furnished to each Council member. Deny and refer to City's insurance carrier. Continue to October 7, 1974. Continue to October 7, 1974. Continue to October 7, 1974. Continue to October 7, 1974. Set hearing for 8:00 p.m., October 7, 1974. RE: PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION (SR74-19) SIGN ADJUSTMENTS, CITIZENS SAVINGS AND LOAN ASSOCIATION, 950 NORTHGATE DRIVE - FILE 10-11 Mayor Bettini opened the public hearing on the appeal by Advertising Products, Inc. of Planning Commission denial by a vote of 4-2. Senior Planner Winther presented the staff report with the staff recommendation of approval and the Planning Commission denial of the application. Council was furnished copies of the staff report, Planning Commission minutes and the letter of appeal. Mr. Tom Donoghue, President of Advertising Products, Inc., appellant, presented copies of drawings of the requested signing. He asked Council approval of his request to transfer some of the signing to the south side of the building which does not front on the street. He felt this is necessary for proper identification and would not establish a precedent because the south wall is visible from the street even though it is not a street frontage. There were no other speakers from the audience. Mayor Bettini declared the public hearing closed. The City Council discussed the item and the applicant's identification problem. Motion by Councilman Nixon, second by Councilman Jensen, to approve the appeal to the extent of relocating signing on the south side with the condition that it be removed from the west side. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: ORDINANCE DEALING WITH THE DISTRIBUTION OF ADVERTISING MATERIALS - FILE 13- 8-2 (NOTE: ON PUBLIC HEARING TAPE.) City Manager Bielser presented a staff report and recommended adoption of the proposed ordinance regulating distribution of advertising materials, including a permit procedure. City Attorney Robbins advised that non-commercial advertising falls under the First Admendment, but that the Council can regulate commercial advertising. j Mr. Stuart Strong, Marin Suburban Newspapers, disapproved of the use of the permit procedure and j maintained that all publications they produce fall under the First Amendment. He asked that, if the II ordinance is adopted, the definition of a newspaper be expanded to include publications with not less than four issues per year which are sold to the public. 132 After discussion and the suggestion that Section 10.12.090 be revised to specify ''City Manager, with provision for appeal to the City Council,'' rather than ''City Council,'' the item was continued to thel next meeting and the City Attorney was directed to revise the ordinance. RE: SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30 Mayor Bettini announced that the Council has received numerous requests that this matter be reopened and asked for a legal opinion in view of the prior Council action. Mr. Edwin Ness, Assessment District Counsel, advised that the written resolution on this meeting agenda is a formal statement of action previously taken by motion to abandon the proceedings and, although the hearing was not formally closed, the action completed that hearing. The only way Council could consider this matter is to rescind the previous action and set another hearing at some l future date. The Council stated its intent to find a solution to the open space problem that would satisfy the property owners concerned and discussed steps that could be taken to arrive at a solution, i.e.; appoint a committee to review the open space issue on an area -wide basis in the Las Gallinas Valley, make a determination of how open space monies should be spent, and obtain appraisals of open space property. Mayor Bettini said that the Council would hear all persons who wished to speak regarding this matter. Ann Gregory, 962 Patricia Way, presented a resolution of the Santa Margarita Homeowners Association requesting the City Council to continue the proceedings of the Santa Margarita Open Space Assessment District in an inactive state. Ellen Baldwin presented a letter from Thomas A. Nunes, owner of the property which the Assessment District seeks to purchase, stating that the property is for sale either to the District or to a developer. Other speakers requesting that the District not be abandoned were Gary Gasaway, 23 Cabrillo Ct., Wally Block, 32 Galleon Way, Gene Dyer, Peter Schmid, 840 Montecillo Rd., Walter Jorgenson, President of the Santa Margarita Homeowners Association, Sue Beittel, 675 Barberry Lane, Mike Howe, 706 Bamboo Terrace, Charlotte Schmid, 840 Montecillo Rd., Pamela Fenner, 33 Serra Way, Sybil Corrigan, 721 Las Colindas Rd., Mrs. Conger, 25 Calafia Ct., and Helen Bateson, 15 Cabrillo Ct. Persons speaking in opposition to any further proceedings in connection with this Assessment District were Theodore Schweiter, 880 Penny Royal Lane, Horace Ferry, 620 Bamboo Terrace, Barbara Stidham, 8 Cabrillo Ct., Gordon Rogers, 783 Bamboo Terrac.e, James Baker, 24 Calafia Ct., Norman Higby of the Home and Business Preservation League, Jeanette McCusker, 721 Del Ganado Road, Nels Larsen, 624 Bamboo Terrace, Edward Bott, 714 Del Ganado Road, Joe Marrino, 638 Bamboo Terrace, and Sally Ryan 715 Las Colindas Rd. Mrs. McCusker advised that according to her research the figures showing that a majority is in favor of the Assessment District are based on square footage rather than the number of parcels in the District. A statement from Donna Schweiter was read for the record. There was further Council discussion of the concerns voiced by residents of the area, the need for an open space master plan of the Las Gallinas Valley, and whether an assessment district is an appro- priate tool in the acquisition of open space. The Council agreed that a committee could consist of members from the Las Gallinas Valley who presently serve on the Citizens Advisory Committee on Open Space Acquisition. Motion by Councilman Miskimen, second by Councilman Jensen, that the concensus of the Council is to study the open space question within the Las Gallinas Valley on an area -wide basis. The method and procedures of such study will be worked out at a later date. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The staff was directed to schedule this item on the agenda of the next meeting for discussion. NOTE: Due to a recording malfunction, the remainder of the meeting was not recorded. City Attorney Robbins affirmed Mr. Ness' ruling that further action on this matter would require rescinding of previous Council action to abandon the District. He also ruled that the rescinding of an action can be without notice but would then require a majority of the Council rather than a majority of the members present. A motion by Councilman Jensen to adopt the resolution of abandonment died for lack of a second. Motion by Councilman Nixon, second by Councilman Miskimen, that this Council rescind its action of two weeks ago, without prejudice to either the proponents or the opponents of the District, with the understanding this may be the most constructive approach for the time being. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mulryan Motion by Councilman Nixon, second by Councilman Miskimen, that the proceedings of the Santa Margarita Open Space Assessment District be continued to the first meeting in January, 1975. AYES: COUNCILMEN: Miskimen, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan ABSTAIN: COUNCILMEN: Jensen Nixon and Mayor Bettini 133 The City Council advised that current information pertaining to open space and the Santa Margarita Open Space Assessment District will be mailed to all property owners within the District prior to the January meeting. RE: 1974 SAN RAFAEL GENERAL PLAN AND AMENDMENTS TO THE CONSERVATION AND OPEN SPACE ELEMENT OF THE SAN RAFAEL GENERAL PLAN - FILE 115 The above public hearings were continued to September 20, 1974. RE: REPORT ON BIDS - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SUPPLEMENTAL ASSESSMENT - IMPROVEMENT BONDS - FILE 6-22 Mr. Edwin N. Ness, Counsel for the Assessment District, reported that five bids were received today at the 2:00 p.m. bid opening and that Morgan Olmstead was the low bidder, at 95.68 percent at 7 percent interest rate. A complete list of bids was not available. Motion by Councilman Miskimen, second by Councilman Nixon, to award the bid to the low bidder, subject to the approval of the City Manager. RESOLUTION NO. 4835 - RESOLUTION AUTHORIZING SALE OF BONDS (To Morgan, Olmstead, Kennedy and Gardner) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON BIDS - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. I - ISSUANCE OF ADDITIONAL BONDS - FILE 6-22 Mr. Edwin N. Ness, Counsel for the Assessment District, reported that four bids were received and Birr, Wilson and Co. was low at 96.04 percent at 7 percent interest rate. A complete list of bids was not available. Motion by Councilman Miskimen, second by Councilman Nixon, to award the bid to the low bidder, subject to approval of the City Manager. RESOLUTION NO. 4836 - RESOLUTION AUTHORIZING SALE OF BONDS (To Birr, Wilson & Co., Inc.) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Councilman Jensen left the Council Meeting. RE: REPORT ON BIDS - LIBRARY REROOFING - FILE 4-1-227 Motion by Councilman Miskimen, second by Councilman Nixon, to award the contract to the low bidder. RESOLUTION NO. 4837 - RESOLUTION OF AWARD OF CONTRACT (on Library Reroofing --Annex Section --1974, to Bishop Roofing, Inc. - $9,400) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: REQUEST FOR CLARIFICATION - LIBRARY MASTER PLAN CONTRACT FOR ARCHITECTURAL SERVICES - FILE -3-54 x 4 -3 - Mr. Andrew James Ring III addressed the Council with a request for clarification of his contract with the City for library master planning. He was informed that the Council considers the scope of the contract has been completed and he will have the opportunity of competing for further architectural services on the Library Project. Motion by Councilman Miskiman, second by Councilman Nixon, to terminate the contract with Enomoto and Ring for library master planning, details to be worked out with staff. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - CORTE MESA SUBDIVISION - FILE 5-1-219 Plan Development Coordinator Brust reported that the erosion control work is approximately 90 percent complete and recommended extension to October 7, 1974. Mr. Gerald Craner, 158 Glen Park Avenue, had no objection to the extension. 134 RESOLUTION NO. 4838 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Corte Mesa, A. Joint Venture, to October 7, ]974) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER AND STORM DRAIN - FILE 2-3 x 5-1-160 RESOLUTION NO. 4839 - RESOLUTION ACCEPTING GRANT OF SANITARY SEWER AND STORM DRAIN EASEMENT (executed by Richard C. Kass and Rita J. Kass - easement over Lot 130, Rafael Racquet Club Estates Unit 4) AYES: COUNCILMEN: Miskimen, Nixon and Mayor-Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: AGREEMENT WITH THE COUNTY OF MARIN AND MARIN SENIOR CITIZENS COORDINATING COUNCIL - FILE 4-13-31 x 4-13-32 RESOLUTION NO. 4840 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the County of Marin for joint funding of Senior Citizens programs in San Rafael) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RESOLUTION NO. 4841 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Marin Senior Coordinating Council for the provision of recreational services) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN None ABSENT: COUNCILMEN: Jensen and Mulryan RE: REPORT ON FRANCISCO BOULEVARD PUMP STATION LANDSCAPING - FILE 12-7 This item was continued to the meeting of October 7, 1974. RE: MODIFICATION OF PERSONNEL ORDINANCE AND RESOLUTION TO ESTABLISH HEALTH STANDARDS AND UPDATE OTHER PROVISIONS - FILE 7-5 This item was continued, at the request of staff, until the negotiations in 1975• RE: REQUEST FOR REPORT ---CAMPAIGN SPENDING ORDINANCE ---FILE 9-4-2 City Attorney Robbins advised that he would present a draft ordinance to the Council for review on October 7, 1974. RE: REQUEST FOR REPORT, SELF-INSURANCE - WORKMAN'S COMPENSATION - FILE 9-6 It was reported that the self-insurance program has been investigated and found to be economically infeasible for the City of San Rafael. RE: NON -AGENDA ITEM - REQUEST REGARDING DOLLAR ESTATE - FILE 13-14-2 Pursuant to a request from the ''Save the Dollar'' Committee, a motion by Councilman Miskimen that the Council name October 13, 1974 as the official day for the people of San Rafael to visit the Dollar Estate was seconded by Councilman Nixon and unanimously carried by the affirmative vote of the three Council members present. The City Council adjourned to September 20, 1974 at 8:00 p.m. MARION A. GRADY, City Cleekr� APPROVED THISAY OF QZt;: 0t�) 1 19z�4 6�Lzl MAYOR OF THE CITY OF SAN RAFAEL 135 In the Council Chambers of the City of San Rafael, Friday, September 20, 1974 at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present: John A. Miskimen, Acting Mayor Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Acting Mayor Miskimen reopened the public hearings on the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. Mrs. Ella Mae Minneman read a letter from the League of Women Voters of Central Marin presenting views as to the criteria that should be included in the Housing Element and the need to retain a balance of low, moderate and high income housing. Dr. Stanley Hellman, President of the East San Rafael Council, read a letter presenting suggestions for Council consideration before adoption of Chapter IV. He also read a letter from Dr. Bernard A. Garney, a member of the East San Rafael Council. Both letters pertained to low and moderate income housing. Planning Director Hotchner presented a brief report regarding Planning Commission action. Vice Chairman Starkweather explained that the Commission's intent was to attempt to maintain the present housing mix wherever feasible and they had listed as many implementation methods as possible that Council might consider. The Council agreed that not all of the implementation techniques would be accepted; in particular, the tax increment method and possibly the subsidy. Dr. Julian Lifschiz, speaking as Chairman of the Citizens Advisory Committee on the General Plan, advised that it was the committee concensus that to "maintain" the proportion of housing for low and moderate income persons rather than to "increase" as shown in Policy 7 would be acceptable. Planning Director Hotchner confirmed that the Planning Commission's intent would be served if the words "and take advantage wherever possible" were substituted for "and increase wherever possible" in Policy 7, and the Council agreed to the change. Other residents who spoke regarding the Housing Chapter were Norman Higby, Doris Law Bagley, Edward Bott, Dick Fox, Martin Mackay of the Ecumenical Association for Housing, James Ring, Herman Deitch, Joan Fox, Roy Rhodes, Dick Rodrigues, James Mahoney, Harry Winters, Paul Smith and Robert Kelly. Concerns included the extent of the City's responsibility to provide low-income housing, r--� use of Federal and State subsidy programs, whether low-income housing should be considered for all neighborhoods, rising tax costs, and the possibility of elderly residents being unable to continue living in San Rafael. Revisions suggested by the speakers were: (]) In policy 7, substitute "Take all possible actions to support" in place of "Maintain as a minimum", (2) In policy 8, after the words "open space," change to "and, along with other factors, conform to locally expressed preferences in adopting neighborhood plans", (3) The use of "mother-in-law" apartments, and (4) The use of a developer bonus program to be encouraged for low -rent units. The Council discussed with staff the implementation methods listed in paragraph 3. It was mentioned that the concept of "mother-in-law" units could be considered with the neighborhood plans. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried by vote of the three Councilmen present, to delete Item 3, b relating to tax increment revenue. Staff was directed to develop some language pertaining to a builders bonus plan and "mother-in-law units" for Planning Commission and City Council consideration as possible additional implementation tools. The question of housing mix was deferred and will be considered with the neighborhood plans. The staff was directed to review the Introduction section of Chapter IV and revise for clarity and consistency. On page 10, Table 6 was deleted in its entirety. The City Council adjourned to Monday, September 23, 1974. MARION A. GRADY, City Clerk, APPROVED THIS /_,f DAY OF CCr_�&46lJ ,19 7 `i GC • ' JJ N A. MISKIMEN, Acting Mayor 136 In the Council Chambers of the City of San Rafael, Monday, September 23, 1974, at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present; C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman 6.3 RE: ECONOMIC ANALYSIS OF GENERAL PLAN BY KEYSER MARSTON ASSOCIATES - FILE 4-3-62t x 115 Councilman Nixon reported regarding the meeting of the sub -committee with Keyser Marston Associates. Mr. Michael Marston, representing Keyser Marston Associates, 303 Sacramento Street, San Francisco, advised that a total cost and revenue survey of the General Plan would be an extremely expensive process. He said that with a limited budget they could come up with the approximate costs of implementing the major areas of cost in the Plan which are the open space and housing elements. He presented a proposal for an economic analysis at a cost not to exceed $15,000 on a time billed basis, with the results to be available within sixty days. Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to adopt the proposal of Keyser Marston Associates as presented, within the budget prescribed. RESOLUTION NO. 4842 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Keyser -Marston Associates for an economic analysis of the General Plan) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SAN RAFAEL GENERAL PLAN - FILE 175 Planning Director Hotchner advised that the remaining items including Chapters V, VI, VII and an additional document to satisfy the Environmental Impact Report requirement must be covered before formal Council action on the General Plan. The Council decision was to adopt the General Plan prior to completion of the economic analysis, recognizing the amendment provisions. The Council scheduled additional hearings on the General Plan for Monday, September 30, 1974 and Thursday, October 3, 1974 at 8:00 P.M. The Council adjourned to an Executive Session to discuss property acquisition. The Council reconvened in open session and adjourned to Monday, September 30, 1974 for a public hearing on the General Plan. MARION A. GRADY, City Clerk APPROVED THIS DAY OF , 1924 WiltLC MAYOR OF THE CIT OF SAN RAFAEL J 137 In the Council Chambers of the City of San Rafael, Monday, September 30, 1974, at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman { Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman j Mayor Bettini reopened the public hearings on the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. Planning Director Hotchner gave the staff report on Chapter V, advising that because the State law requires conformity of the Zoning Ordinance with the General Plan, a broad terminology allowing for a mixture of uses and clearly spelling out the intent of those uses is recommended to avoid constant General Plan revision. The Council received a letter from Dorothy Breiner, Planning Commissioner, suggesting the addition of policy No. 17. The Council discussed its concern that existing single-family homes in the proposed Multi -Use Activity Centers would be precluded by rising taxes. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried by affirmative vote of the four Councilmen present, to adopt as additional policy as follows: "Policy 17: Within the Multi -Use Activity Centers, existing single-family residences, wherever possible, shall be maintained, preserved and protected." Planning Director Hotchner reported that the major concerns regarding ChapV1, Transportation, were Highway 101, safety routes, east -west access, and costs. He advised that the proposed safety route over Puerto Suello Hill was recommended for daily use in addition to serving as a safety route. City Manager Bielser presented a cost estimate for the establishment of the safety routes proposed in the General Plan. He spoke in opposition to all the safety routes with the exception of Puerto Suello Hill. Persons addressing the Council were Ray Swanson, emphasizing the freeway traffic problem; Harry Winters, who felt the major problem is the east -west traffic through San Rafael; Richard Kamieniecki, who as President of the Peacock Gap Homeowners Association endorsed the dropping of proposed safety routes; Dick Rodrigues, who presented a letter from the CAC dated September 11, recommending additional implementation including the addition to Policy 7 wording that would encourage the use of extra lanes for public transportation and car pools; and Tony Silveira of the Silveira Ranch urging that the roadway from Miller Creek Road to the railroad right-of-way proposed in the preliminary plan be retained. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to delete all safety access roads except Puerto Suello Hill. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to add at the end of Policy 7, page 20, col. b, the following sentence: "Give highest priority to the use of additional lanes for mass transit and car pools." Implementation item 5, sub -item a, on page 20, col. d, was referred to the Planning Commission. Planning Director Hotchner reported that Chapter VII, Noise, was written by the staff and based on a study by a Traffic Noise Analyst hired by the County in conjunction with all Cities in the County. Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, that Chapter VII be approved in principle. Mr. Dick Fox addressed the Council regarding density and open space. Planning Director Hotchner, as well as the City Attorney, recommended that the words "open space ordinance" be used in the General Plan text which would leave three legally acceptable options for regulating open space. Dick Fox and Dick Rodriguez expressed concern that the General Plan does not contain specific density standards that would deal with overcrowding. Dr. Stanley Hellman expressed interest in the slope policy. He was advised that this would be y considered by the Planning Commission and City Council at public hearings after adoption of the General Plan. The staff was directed to provide the Council with the Citizens Advisory Committee recommendation regarding density standards along with staff comments by the meeting of October 3, 1974• The Council advised that on Thursday, October 3, the Environmental Impact Report will be considered, as well as the pending items from all Chapters of the General Plan. The Council adjourned to Thursday, October 3, 1974 at 8:00 p.m. &?, �_ % . MARION A. GRADY, City Clerk, APPROVED THIS (- DAY OF 6 �U ,19 611;&,( MAYOR 0 E CITY -OF SAN RAFAEL 138 In the Council Chambers of the City of San Rafael, Thursday, October 3, 1974, at 8:00 O'Clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Mayor Bettini reopened the public hearings on the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan. He announced that the agenda includes consideration of the Environmental Impact Report and pending items from all Chapters of the General Plan as well as public comments on these items, and that public discussion would be completed at this meeting. Planning Director Hotchner presented Planning Commission Resolution 74-4 favorably recommending the Environmental Impact Assessment. He recommended informal Council approval of the Environmental Impact Assessment to allow time for comments from adjoining jurisdictions before final approval when the General Plan is adopted. Mr. Bruce Bernhard asked if the General Plan Environmental Impact Assessment would cover the Environ- mental Impact for individual applications and was advised that State law requires an Environmental Impact Report for each individual use. Motion by Councilman Mulryan, second by Councilman Miskimen, to accept the Environmental Impact Assessment as recommended, subject to technical review by the City Attorney. The motion was approved by unanimous vote of all five Councilmen. Planning Director Hotchner reviewed the substantive changes to Chapter IV, Housing, directed by the City Council and itemized in City Planner Ott's memorandum dated October 2, 1974. Mrs. Doris Bagley, 592 Fairhills Drive, spoke in favor of utilizing ''second -unit'' apartments for low- cost housing. Mr. Richard Kamieniecki, 7 Chateau Place, and Mr. Don Edmondo, 10 Tweed Terrace, also addressed the Council regarding Policy 7 and neighborhood profiles. Policy 7 on page 13, col. c was amended to include two additional words at the beginning of the first sentence: ''Attempt to maintain as a minimum ...." Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to approve the amended Chapter IV as presented by the staff. Planning Director Hotchner presented a staff report covering changes to Chapters V and VI requested by the City Council at the meeting of September 30, 1974. Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve amended Chapters V and VI as presented by the staff. The City Council received a copy of the Citizens Advisory Committee Recommendations contained in a letter dated September 11, 1974 from Richard P. Rodriguez, Chairman. Planning Director Hotchner outlined the planning staff response to the CAC recommendations; a Population Density Analysis for the Planning Area and City, and a proposed Chapter 38, Neighborhood Planning District, to be added to the Zoning Ordinance. Dick Fox and Harry Winters expressed approval of the staff recommendations and suggested a reference thereto be incorporated in Basic Policy 9 on page 2. Following Council and staff discussion, a motion by Councilman Jensen to accept, in principle, the Population Density Analysis for the Planning Area and a draft of Chapter 38, Neighborhood Planning District as presented by the planning staff and that there be reference to a Neighborhood Planning District in Basic Policy 9 on page 2 and Policies 8 and 9 on page 13, was seconded by Councilman Mulryan and unanimously carried. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to amend Basic Policy 2, page 2 to reflect the changes made to Policy 7 on page 13, as follows: ''item 2) attempt to maintain as a minimum ....." and ''item 3) take advantage whenever possible of..'' Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to accept the Planning Director and City Attorney's opinion and omit ''zoning'' from the Open Space Ordinance. Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, that the 1974 San Rafael General Plan and the Amendments to the Conservation and Open Space Element of the 1974 San Rafael General Plan be referred to the Planning Commission for review of the changes by the Council, and the hearings be continued to the meeting of October 21,1974. The City Council adjourned to October 7, 1974 at 8:00 P.M. MARION A. GRADY, City Cler. APPROVED THIS, DAY OF J9 / MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 7, 1974, at 8:00 O'Clock P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman (8:20 P.M.) 139 Motion by Councilman Jensen, second by Councilman Miskimen and carried by affirmative vote of the four Councilmen present, to approve the recommended action of the following Consent Calendar items: I tem Approval of Minutes - Adjourned Regular Meetings os September 11 and September 13, 1974; Regular Meeting of September 16, 1974; and Adjourned Regular Meetings of September 20 and September 23, 1974. Set Public Hearing on Imposition of Weight Limits - Forbes Avenue, H Street, Twin Oaks and Elizabeth Way. Recommended Action Approve as furnished to each Council member. Set public hearing for December 16, 1974. RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mayor Bettini opened the public hearing for consideration of protests. He excused himself after ad- vising that a client was involved in the District and Acting Mayor Miskimen presided. Public Works Director Caillouette reported that three bids were received from Maggiora & Ghilotti, Inc. ($296,746), McGuire & Hester Corporation ($253,564),and Joseph DiGiorgio & Sons, Inc.($213,552)• Mr. Edwin N. Ness, Assessment District Counsel, reported that the low bid is in excess of the Engineer's estimate ($141,816.50), resulting in the assessments being in excess of the amounts the property owners were noticed. This necessiates continuing this hearing and sending notices of a new hearing with the new assessments. He recommended continuation to November 4, 1974 and considering protests at that time. There was no objection to this continuation. IThe Council then took the following action: RESOLUTION NO. 4843 RESOLUTION CONTINUING HEARING AND ALL MATTERS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4844 - RESOLUTION DIRECTING FILING OF A SECOND AMENDED ENGINEER'S REPORT AND SECOND AMENDED ESTIMATE OF COST, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini SECOND AMENDED ENGINEER'S REPORT WAS FILED WITH THE CITY CLERK. SECOND AMENDED ENGINEER'S ESTIMATE OF COST WAS FILED WITH THE CITY CLERK. RESOLUTION NO. 4845 - RESOLUTION OF INTENTION TO MAKE CHANGES IN THE COST OF THE WORK AND SETTING TIME AND PLACE OF PUBLIC HEARING THEREON, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (November 4, 1974) AYES: COUNCILMEN: Jensen, Miskimen, and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4846 - RESOLUTION AMENDING PROCEEDINGS RELATING TO MAXIMUM INTEREST RATE ON BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - SEGREGATION OF ASSESSMENT NO. 3 - FILE 6-22 Mr. Edwin N. Ness represented the Assessment District. Acting Mayor Miskimen opened the public hearing and asked if there were any protests. There were none and the public hearing was closed. RESOLUTION NO. 4847 - EARESOLUTION CONFIRMING AMENDED ASSESSMENT AMENDING ASSESSMENT NO. 3, RAFELAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Mayor Bettini returned to the Council Chambers and Councilman Nixon arrived. RE: PUBLIC HEARING - PREZONING, 31 and 35 SAN PABLO AVENUE - HORST HANF AND E. T. GHIRADO, OWNERS -+ FILE 10-3 x 5-2-66 Mayor Bettini declared the public hearing open. Planning Director Hotchner presented the staff report recommending approval. He advised that the annexation has been approved by LAFCO contingent on the prezoning. Council had received copies of the staff report, Planning Commission minutes recommending approval, a proposed ordinance, and a com- munication from Jacob Inauen, the former owner of this property, urging approval of this item. Mr. Hotchner advised that approval should be contingent on determing that the boundaries are to the middle of the street rather than the property line. A representative, speaking for Mr. Jacob Inauen, asked that the prezoning be approved so that the could be developed. Mayor Bettini closed the public hearing. Motion by Councilman Jensen, second by Councilman Miskimen, that the ordinance be passed to print, subject to approval by LAFCO of boundaries to the center of the street. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from A -P (Administrative -Professional) District and RABI (Suburban Agriculture - One Family Residential Only) District to A -P (Administrative -Professional) District, and numbering Charter Ordi- nance No. 1169, was read, introduced and ordered passed to print subject to the approval by LAFCO of boundaries to the center of the street, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE:_ PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED74-35, SIX UNIT APARTMENT COMPLEX, 127 ROSS STREET, JOHN REYNOLDS, APPLICANT - FILE 10-7 Mayor Bettini opened the public hearing on the appeal of the Planning Commission denial by a 3-1 vote. Planning Director Hotchner advised that the denial was based on Section 14.11.050 of the Zoning Ordi- nance rather than the objections of residents. The City Council had received copies of the letter of appeal, staff report, Planning Commission minutes and a letter from Mr. and Mrs. Joseph A. Krueger, objecting to the development as proposed. Mr. Martin Barrett, appellant and attorney representing the applicant, informed the Council that his proposal is the best effort consistent with the aims of the owner, cost of the lot, materials, etc. He said the applicant is willing to do anything feasible to enhance the area and asked favorable con- sideration of the appeal. Mr. Lee Hayes, designer of the project, felt they had complied with staff requirements and asked that the Council approve the development. Persons speaking in opposition to the appeal were Michael Flynn, President of Gerstle Park Neighbor- hood Association, Joe Krueger and Cheryl Baker. Opposition was directed at lack of open space and landscaping, minimal setbacks and the second story units in close proximity to single family homes. Mr. James Mahoney also addressed the Council. Mayor Bettini closed the public hearing. Following Council discussion, Councilman Mulryan moved to continue the item for thirty days to give the owner an opportunity to discuss modification of the plan with the Planning Commission. Councilman Miskiemn seconded the motion. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCLMEN: None RE: PUBLIC HEARING - APPEAL OF DENIAL OF PERMIT FOR MASSAGE STUDIO, 548 THIRD STREET - FILE 9-10-3-2 Mayor Bettini opened the public hearing. Police Chief Kelly reported that the application of Frank Garaman and Eskandar Lahidji was denied and is being appealed to the Council. However, Mr. Garaman has filed an application as sole owner and staff has not acted on that application. Mr. Robert Moran, Attorney for Mr. Garaman, advised that they are abandoning the original application and appealing the second application. City Attorney Robbins advised that Council action should be based on the original application which has been withdrawn and the second application has yet to be considered by staff. Therefore, no Council action is appropriate at this time. 141 RE: ORDINANCE DEALING WITH THE DISTRIBUTION OF ADVERTISING MATERIALS - FILE 13=8-2 i An ordinance of the City of San Rafael amending Title 10 of the Municipal Code by repealing Chapter 10.12 and Section 10.12.010 thereof and adding thereto a new Chapter 10.12 entitled Distribution of Advertising Material, and numbering Charter Ordinance No. 1167, 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: PROPOSED INCREASE - BUSINESS LICENSE FEES - FILE 9-10-2 Motion by Councilman Jensen, second by Councilman Mulryan and carried by the affirmative vote of all five Councilman, that this item be continued to November 4, 1974. RE: CHAMBER OF COMMERCE CONTRACT PROPOSAL - FILE 4-6 x 119 IThe request for subsidey for the year 1974-75 was withdrawn by the Chamber of Commerce. RE: DISCUSSION OF CLAIM - FREITAS CLAIM REGARDING OAK HILL - FILE 3-1-116 City Attorney Robbins presented a letter agreeing to an extension for denial of the claim until October 21, 1974. Following discussion, the item was continued to October 21, 1974 and the City Attorney instructed to contact the attorneys and attempt to obtain a further extension for six months. RE: COMMUNICATION REGARDING TERRA LINDA VALLEY OPEN SPACE ASSESSMENT DISTRICT - FILE 6-26 Mr. John Gibbs addressed the Council with regard to the written request of Peter K. Woodward, Presi- dent of the Terra Linda Valley Property Owners' Association, that the Freitas claim regarding Oak Hill not be denied until the Assessment District can determine the total funds available for the pro- posed purchase of the property. RE: DISCUSSION OF OPEN SPACE COMMITTEE APPOINTMENT - FILE 13-14-1 x 9 -2 -1#a4 - City Manager Bielser reported on this item and the Council discussed the proposed formation of a com- mittee to review possible methods of acquiring open space in the Las Gallinas Valley and City wide. Robert Gainard, Chairman of the Citizens Advisory Committee for acquistion of Open Space, Harry Winters, Vice Chairman of the CAC, Edward Bott, 714 Del Ganado Road, and Jeanette McCusker, 721 Del Ganado Road, addressed the Council regarding this item. Motion by Councilman Mulryan, second by Councilman Miskimen, to establish an open space committee to consist of 11 members and call for applications for a period of 30 days. There was further discussion regarding the motion. Councilman Miskimen left the Council Chambers. The staff was authorized to develop guidelines for the Committee as soon as possible. The motion carried by the following roll call vote: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON FRANCISCO BOULEVARD PUMP STATION LANDSCAPING - FILE 12-7 City Manager Bielser presented the staff report recommending that the cost of landscaping be shared by the City and the Sanitation District. The Parks and Recreation Commission recommended approval with the landscaping cost to be borne by the Sanitation District. Councilman Miskimen returned to the Council Chambers. Councilman Nixon left the Council Chambers. Motion by Councilman Mulryan, second by Councilman Jensen, to approve the landscaping concept with the cost to be shared on a 50/50 basis and maintenance by the City. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON DRUG ABUSE ENFORCEMENT PROGRAM - FILE 9-3-30 x4-10-73 Council received a joint report from the City Manager and Police Chief. Councilman Jensen left the Council Chambers. Motion by Councilman Mulryan, second by Councilman Miskimen, that the Council withdraw the Federal grant application for the County -Wide Drug Enforcement Program and recommend that the County Board of Supervisors explore its eligibility for becoming grantee for the Federally funded Drug Enforcement Program. AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon 142 RE: REQUEST FOR AUTHORIZATION TO ATTEND FBI ACADEMY - FILE 9-3-30 Motion by Councilman Miskimen, second by Councilman Mulryan, to authorize the attendance of San Rafael Police Detective Richard Douglas to attend the FBI Academy as proposed in City Manager Bielser's memo- randum dated October 3, 1974. AYES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Nixon Councilmen Jensen and Nixon returned to the Council Chambers. RE: REPORT ON LEGAL SERVICE NEEDS - FILE 9-3-16 City Manager Bielser presented a report providing three alternatives for Council consideration, and recommended Alternative III, Full-time Deputy City Attorney. Discussion revealed the Council consensus that should a Deputy City Attorney be appointed, he should report to the elected City Attorney. The Council then continued the matter for two weeks and directed the City Attorney to present a written report at that meeting. RE: REQUEST OF PROPERTY OWNERS REGARDING WEED ABATEMENT - FILE 13-10.1 Mr. John J. Lynch, 62 Fair Drive, presented a petition to the Council signed by property owners in the Chula Vista Terrace area seeking current and continued enforcement of Sections 9.12.040 and 9.12.050 of the San Rafael Munic-pal Code. Mr. Cliff Elbing addressed the Council regarding such enforcement on Broadview Court. The City's program of weed abatement was explained and the Director of Public Works was directed to work with the property owners regarding the request. RE: REPORT ON BRANCH LIBRARY OPTION (ST. ISABELLA'S CHURCH) - FILE 9-3-61 x 2-1-47 Motion by Councilman Mulryan, second by Councilman Nixon, to extend the option on the St. Isabella's Church property in Terra Linda until June 30, 1974 for the price of $10. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON "911" EMERGENCY TELEPHONE SERVICE - FILE 9-3-30 x 9-3-31 Motion by Councilman Miskimen, second by Councilman Mulryan and unanimously carried, to concur in the County's preparation of a preliminary 911 implementation plan with the understanding that all future costs be borne by the County of Marin. Mayor Bettini left the Council Chambers and Acting Mayor Miskimen presided. RE: SAN RAFAEL RECREATION CENTER - RECOMMENDATION BY PLANNING COMMISSION - FILE 12-15 Motion by Councilman Mulryan, second by Councilman Nixon, to confirm the action of the Planning Com- mission and determine that the plans are consistent with the General Plan and declare a Negative Declaration, and that the multi-purpose building be considered for possible division at a later date. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: POLICY ESTABLISHMENT REGARDING FUTURE TRANSFER OF LAND FROM THE CITY OF SAN RAFAEL TO THE CITY OF LARKSPUR A.P. 18-171-03 - FILE 10-2 x 5-7- Motion by Councilman Nixon, second by Councilman Mulryan, to approve the staff recommendation and go on record as favoring the transfer of jurisdiction over A.P. 18-171-03 from the City of San Rafael to the City of Larkspur at such time as the City of Larkspur takes the zoning action necessary to assure that the parcel in question is designated to be preserved in its natural state as open space. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: CAMPAIGN SPENDING ORDINANCE - FILE 9-4-2 City Attorney Robbins presented an ordinance for consideration as directed by the Council at a pre- vious meeting. Mr. William Connor suggested that campaign contributions by any one person and total anonymous con- tributions be limited to $100 rather than $200 as proposed. Mayor Bettini returned to the Council Chambers. After Council discussion, the City Attorney was directed to amend Section 2.38.030 to limit single anonymous contributions to $50 with the total to remain $200. 143 Motion by Councilman Mulryan, second by Councilman Nixon, that the proposed ordinance as amended be� passed to print. An ordinance of the City of San Rafael amending Title 2, Entitled Administration, by adding thereto Chapter 2.38 relating to Municipal Election Campaign Contribution and Expenditure Controls, and numbering Charter Ordinance No. 1168, was read, introduced and ordered passed to print, by the follow- ing vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONSIDERATION OF FEE FOR FILING OF NOMINATION PAPERS FOR CANDIDATES FOR CITY OFFICES - FILE 9-4 x 9-10.2 Following discussion, a motion by Councilman Mulryan seconded by Councilman Nixon that the proposed ordinance calling for a $25 filing fee be passed to print failed by the following vote, to wit: AYES: COUNCILMEN: Jensen, and Nixon NOES: COUNCILMEN: Miskimen, Mulryan and Mayor Bettini ABSENT: COUNCILMEN: None Motion by Councilman Miskimen, second by Councilman Mulryan that there be no filing fee. RESOLUTION NO. 4848 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REGARDING CAMPAIGN FILING FEES FOR ELECTED CITY OFFICIALS. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CALENDAR FOR GENERAL MUNICIPAL ELECTION - MARCH 4, 1974 - FILE 9-4 The Council received a report from the City Clerk with the due dates for placing measures on the ballot for the election of March 4, 1974. No action was taken. RE: PROPOSED AGREEMENT FOR JOINT -USE PARKING - RUSTLER STEAK HOUSE - FILE 4-8-17 Assistant Executive Director Neal, Redevelopment Agency, presented a staff report on the proposed lease with the State of California Department of Transportation for joint use by the City for com- muter parking and Rustler's Steak House for additional parking in the evening. RESOLUTION NO. 4849 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Rustler Steak House for joint -use parking) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COUNCIL CONSIDERATION OF STAFF DENIAL OF BUILDING PERMIT -- TWIN OAKS - FILE 100 X " Mr. Raymond J. Caron, 135 Spring Grove Avenue, San Rafael, appealed the staff refusal to issue a build- ing permit at the end of Twin Oaks unless a slide on the property is repaired and the roadway access to the quarry be blocked. Staff reports were presented by City Manager Bielser and Public Works Director Caillouette. The Council received four letters from property owners opposing the issuance of a building permit if it would allow the reopening of Twin Oaks Avenue leading into Forbes Quarry. Mr. Dave Odom represented Mr. Caron and the owners of the Quarry in requesting immediate issuance of the building permit which is necessary for them to meet the deadline of October 31, 1974 for obtain- ing a water meter. He proposed an agreement which had been discussed with the City staff which he felt would be acceptable. Mrs. Sally Sherlock, Mr. Tom Terry, Mr. Neil Brock and Dr. Jendresen, neighborhood residents, opposed any action which would permit reopening the road to the quarry. Motion by Councilman Nixon, second by Councilman Mulryan to close the public debate on this item. Motion carried by unanimous vote of all five Councilmen. Motion by Councilman Mulryan, second by Councilman Jensen, that the staff be empowered to work out an agreement with Mr. Caron and Quarry Corporation for the Mayor's signature based on the following: Double barricades with a key available to both parties to be located on Quarry Road at the present location and the second barricade at the intersection of the unimproved road and Quarry Road at the rear of the lot. Permanent cessation of all quarry operation; Issuance of building permit subject to the normal staff requirements including the soils report with the exception that, subject to the ap- proval of the City Engineer, the permit may be issued prior to compliance with a hold harmless agree- ment from the property owner. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 144 RE: REMOVAL OF ONE -FOOT NON -ACCESS STRIP AT THE END OF MOUNTAIN VIEW AVENUE - ACCEPTANCE OF GRANT_ DEED FOR 45 -FOOT ACCESS STRIP - ACCEPTANCE OF GRANT OF 10 -FOOT ACCESS EASEMENT - FILE 2-5.1 x- 2 2-2. 1 X 6"-/ -/3i Director of Pub lic Works Caillouette presented a staff report and Planning Commission recommendation of removal of the non -access strip subject to four requirements which have been complied with. Mr. Robert Ganiard suggested continuance to October 21 to allow time for better understanding of the issue by the property owners on Mountain View Avenue. Mr. Ed Henley, representing the owners of subject property, said that all the homeowner groups were previously notified and some appeared at the Planning Commission hearing. RESOLUTION NO. 4850 - RESOLUTION REMOVING A ONE FOOT NON -ACCESS STRIP, 155.25 FEET IN LENGHT, FROM THE NORTHERLY END OF MOUNTAIN VIEW AVENUE ADJACENT TO THE LANDS OF SPILIOTIS AS SHOWN ON THE RECORD SUBDIVISION MAP OF "OAK WOODLANDS UNIT ONE - B" AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSTAIN: COUNCILMEN: Jensen RESOLUTION NO. 4851 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Grant Deed dated July 10, 1974 from Fidelity Savings and Loan Association for 45' wide access strip across A.P. No. 15-271-20) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4852 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR PUBLIC ACCESS (from Fidelity Savings and Loan Association, 10' wide access easement northwesterly of and contiguous to the northwesterly line of Lot 3, "Oak Woodlands Unit 1-B") AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXTENSION OF TIME TO SUBDIVISION AGREEMENT - CORTE MESA SUBDIVISION - FILE 5-1-219 RESOLUTION NO. 4853 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Corte Mesa - a 28 unit condominium, to October 21, 1974) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: APPOINTMENT OF VOTING DELEGATE TO LEAGE OF CALIFORNIA CITIES CONFERENCE - FILE 9-1 Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to appoint Council- man Miskimen voting representative for the Council at the Annual League Conference in Los Angeles October 20-23, 1974• RE: APPOINTMENT TO MARIN COUNTY AMERICAN REVOLUTION BICENTENNIAL COMMISSION --FILE t--;4 Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to accept the resignation of Mrs. Barbara Young. The staff was directed to call for applications to fill the vacancy created by Mrs. Young's resignation as the City's representative. RE: AUTHORIZATION TO INSTITUTE CONDEMNATION PROCEEDINGS - BRUSATI PROPERTY - FILE 3-6 The Council received a report from City Manager Bielser recommending adoption of a resolution authoriz- ing the condemnation of the property and authorization for the staff to hire outside condemnation counsel to handle the litigation. A motion by Councilman Nixon to adopt the recommended resolution of necessity for condemnation failed for lack of a second. Motion by Councilman Mulryan, second by Councilman Jensen, to approve the condemnation of the property and authorize the staff to hire outside condemnation counsel. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Mulryan, second by Councilman Jensen, to authorize the staff to make the best determination possible in hiring condemnation counsel and to give first consideration to local attorneys. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None The Council adjourned to the next regularly scheduled meeting to be held on October RION A. GRADY, City Clerk L; 145 APPROVED THIS _DAY OFL�' 19 % . MAYOR OF THE CITY'' -OF SAN RAFAEL 146 In the Council Chambers of the City of San Rafael, Monday, October 21, 1974, at 8:00 O'C1ock P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes - Adjourned Regular Meetings of September Approve as furnished to each 30, 1974 and October 3, 1974, and Regular Meeting of October Council member. 7, 1974. Claim for Damages - Kenneth W. Brewer, Claimant. Claim No. 3-1-121 Deny, as recommended by the City Attorney. Claim for Damages - Mr. and Mrs. Robert K. Goldman, Claimant. Claim Deny, as recommended by the No. 3-1-122 City Attorney. RE: PRESENTATION OF CENTENNIAL PLAQUE - CITY OF SALINAS - FILE 104 x 109 A plaque was received from the City of Salinas aaluting the City of San Rafael on its Centennial an- niversary. RE: PUBLIC HEARINGS - 1974 SAN RAFAEL GENERAL PLAN AND AMENDMENTS TO THE OPEN SPACE AND CONSERVATION ELEMENTS OF THE 1974 SAN RAFAEL GENERAL PLAN - FILE 115 Mayor Bettini reopened the public hearings on these two items. City Planner Ott presented the staff report and the Planning Commission Resolution No. 74-6 recommend- ing adoption of the General Plan and Amendments to the Open Space and Conservation Elements of the General Plan as revised. He noted that the only item not previously approved by the Council was the Planning Commission recommendation regarding the extension of Los Gamos Road. Mayor Bettini closed the public hearings. Councilman Nixon asked that the record show he is voting for adoption of the General Plan with the understanding that he reserves consideration of Los Gamos Road as a policy decision in the future. RESOLUTION NO. 4854 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AOPTING THE GENERAL PLAN AND AMENDING THE CONSERVATION AND OPEN SPACE ELEMENTS AS RECOMMENDED BY PLANNING COMMISSION. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 4855 - RESOLUTION, REPORT AND FINDING OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, MARIN COUNTU, STATE OF CALIFORNIA, THAT THE SAN RAFAEL GENERAL PLAN IS CON- SISTENT WITH THE MARIN COUNTY -WIDE GENERAL PLAN AND APPROVING THE ENVIRONMENTAL IMPACT ASSESSMENT OF THE 1974 GENERAL PLAN AS RECOMMENDED BY THE SAN RAFAEL PLANNING COMMISSION. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen The Council discussed with the City Attorney possible revision of the resolution relating to the con- sistency with the Marin County -Wide Plan. Motion by Councilman Mulryan, second by Councilman Jensen and unanimously carried, to rescind the pre- vious action (adoption of Resolution No. 4855) and direct the City Attorney to draw up a resolution within the strict confines of Section 15068 of the Environmental Quality Act. Motion by Councilman Jensen, second by Councilman Nixon, that the Council adopt Resolutions commending the Planning Commission and the public for outstanding contributions in the preparation of the General Plan. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 147 (NOTE: The following items on this page do not appear on the tape) RE: FINAL ADOPTION - ORDINANCE NO. 1167 RELATING TO THE DISTRIBUTION OF ADVERTISING MATERIALS - FILE 13-8-2 CHARTER ORDINANCE NO. 1167 - An ordinance of the City of San Rafael amending Title 10 of the Municipal: Code by repealing Chapter 10.12 and Section 10.12.010 thereof and adding thereto a new chapter 10.12 entitled Distribution of Advertising Material 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 RE: FINAL ADOPTION - ORDINANCE NO. 1168 RELATING TO MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EX- PENDITURE CONTROLS - FILE 9-4-2 CHARTER ORDINANCE NO. 1168 - An ordinance of the City of San Rbfael amending Title 2, entitled Administra- tion by adding thereto Chapter 2.38 relating to Municipal Election Campaign Contribution and Expendi- ture Controls was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen Mulryan, Nixon and Mayor Bettini RE: CONSIDERATION OF FREITAS CLAIM - FILE 3-1-116 City Attorney Robbins reported that information received from claimant's attorneys, through the City Manager's office, was that no further extension would be considered. Motion by Councilman Mulryan, second by Councilman Nixon that the City of San Rafael deny Claim No. 3-1-116 filed by Walter F. Freitas on behalf of the Trustees of the Estate of MARIE FREITAS CRANE, Deceased. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen No action was taken by the Council with regard to the claim against the Terra Linda Valley (Oak Hill) Assessment District. RE: REPORT ON LEGAL SERVICE NEEDS - FILE 9-3-16 City Attorney Robbins presented a written report, as directed by Council at the last meeting, recom- mending either a full time City Attorney or a part time City Attorney with additional hours to be purchased. The Council discussed the need for additional legal service, Redevelopment counsel, charter provisions and the continued rejection by the voters of an appointed City Attorney. Mr. Karl E. Hoppe, 335 Hyacinth Way, urged favorable consideration of a full time elected City At- torney. Motion by Councilman Nixon, second by Councilman Mulryan, to direct the City Attorney to prepare an ordinance establishing a full time City Attorney with the salary to be set at the time the ordinance is passed to print. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen The Council stipulated that the full time City Attorney would not be allowed to engage in private practice. RE: PROPOSED CHARGE OF OPEN SPACE ACTION COMMITTEE - FILE 9-2-22 City Manager Bielser presented a proposed Resolution setting forth duties for the Committee. Council amended the second and third lines of item 4 on page 3 to read: ''alternative approaches to the alloca- tion of the open space''. Councilman Jensen left the Council meeting. Mr. Edward Bott, 714 Del Ganado Road, Mr. Harry Winters, 201 Spring Grove Avenue, and Mr. William Dresia, 107 Santa Margarita Drive, addressed the Council on this item. Mr. Winters had presented a letter to the Council and Mr. Bott presented a memorandum to the City Clerk for the record. RESOLUTION NO. 4857 -THE ESTABLISHMENT AND DUTIES AND RESPONSIBILITIES OF THE OPEN SPACE ACTION COMMITTEE AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen 148 The fact that recommendation of the City-wide Open Space Action Committee will become due after January 1,1975 (the date the continued public hearing on the Santa Margarita Open Space Assessment District is schedule) was discussed. f Motion by Councilman Mulryan, second by Councilman Nixon, that an item specifically dealing with the Santa Margarita Open Space Assessment District in respect to boundaries, timing, cul de sacs, unequal assessments, etc. be scheduled on the next agenda and the City Council offer its services to form a committee to consider these problems. AYES: COUNCILMEN: Mulryan, N.ixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: REQUESTS FOR STOP SIGNS - FILE 11-9 Mr. Cliff Elbing referred to his request that a four-way stop sign be installed at the intersection of Mission and Union Streets. He was advised that this has been reviewed by the Traffic Committee _ and the request denied. Mr. Karl Hoppe spoke regarding traffic conditions on Valencia Avenue. RE: AWARD OF CONTRACT - GRAND AVENUE TREE TRIMMING PROJECT - FILE 4-1-228 Director of Public Works Caillouette reported on the bid opening and recommended award to Atlas Tree Service at the low bid of $14,500.12. He advised that the tree consultant has recommended that the trees be completely removed by the City staff and was instructed to get Council approval prior to removal of any trees. _ Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to authorize the ap- propriation of $15,000 from Gas Tax Moneys to cover this project. RESOLUTION NO. 4858 - RESOLUTION OF AWARD OF CONTRACT (Atlas Tree Service for Grand Avenue Tree Trimming Project No. 9311-74.199.17) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: DISCUSSION OF BICYCLE PATHS - FILE 9-3-65 Pursuant to a request by Councilman Mulryan, the Council directed the staff to give top priority to a plan for bicycle paths in the City and its interconnection with the County plan. RE: DISCUSSION OF CONFLICTS OF INTEREST AND DISCLOSURES - FILE 9-4-2 The City staff was directed to prepare a draft of a proposed policy statement and guidelines for staff and Council regarding possible conflicts of interest, for consideration by the City Council. RE: COMMUNICATION FROM THE CITY OF MILL VALLEY REGARDING MAYORS AND COUNCILMEN - FILE 113 A list of issues received from the City of Mill Valley was furnished to each Council member. The Council agreed that each Councilman would rate the issues as to importance and return to the City Manager for tallying. An additional item, ''City -County Tax Equity,'' was added to the list. The tal- ly will be the basis for the City's vote on this item at the next meeting of the Marin County Council of Mayors and Councilmen. RE: CONVEYANCE OF PROPERTY - BAHIA DE RAFAEL INDUSTRICAL PARK - LOT 1 - FILE 6-24 RESOLUTION NO. 4859 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Corporation Grant Deed dated August 29, 1974 from McKeon Construction for Lot 1, Bahia de Rafael Industrial Park Assessment District) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-213 RESOLUTION NO. 4860 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Golden Development Managment, Inc. to November 18, 1974) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: CORTE MESA SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-219 RESOLUTION NO. 4861 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK (Corte Mesa - A 28 Unit Condominium, to December 2, 1974) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen PE T RE: INCREASE OF BAIL SCHEDULE FOR VEHICLE AND CITY ORDINANCE VIOLATIONS - FILE 9-3-30 x 9-10-2 City Attorney Robbins advised that the proposed schedule must be cleared by the Judges of the Muni- cipal Court before the City adopts the bail schedule by ordinance. RESOLUTION NO. 4862 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL OF ITS INTENTION TO PASS AN ORDINANCE SETTING NEW BAIL SCHEDULES FOR CERTAIN VEHICLE AND MUNI- CIPAL CODE ORDINANCE VIOLATIONS. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: TEMPORARY CLOSING OF MISSION AVENUE - FILE 11-19 Motion by Councilman Mulryan, second by Councilman Nixon and carried by unanimous vote of the three members present, that Mission Avenue from "C" Street to "E" Street, except the entrance to the Elks Club, be closed from 11:30 A.M. to 4:30 P.M. on November 4, 1974 when there will be a band concert at the Dollar Estate. RE: HILLSIDE AVENUE SEWER EXTENSION SUBDIVISION S73-25 - FILE iRESOLUTION NO. 4863 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with II Meadowhill Corporation for Hillsdide Avenue Sewer Extension - Subdivision 573-25) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen IRE: NON -AGENDA ITEM - MARIN COUNTY HUMAN RIGHTS COMMISSION - FILE 13-1 City Manager Bielser reported regarding the Human Rights Commission recent review of the activities of City departments, specifically the Police Department, and asked for Council direction. The City Attorney presented a written opinion confirming that the Human Rights Commission has no jurisdiction over any City action. The Council agreed with the staff and City Attorney's opinion that the Commis- sion has no legal right to continue investigations. Motion by Councilman Mulryan, second by Councilman Nixon, to authorize the staff to communicate in writing to the Human Rights Commission with a copy to the Marin County Board of Supervisors, in ad- vance of the meeting scheduled for Thursday night, as to the Council's position and that the City staff will not attend any meetings unless specifically instructed to do so by the City Council. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCLLMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: BOARD OF REVIEW HEARING - RICHARD MICHAELSEN - FILE 9-2-12 Motion by Councilman Nixon, second by Councilman Mulryan, that the City Council adopt and uphold the Board of Review findings in the October 15, 1974 hearing of the appeal by Police Officer Richard Michaelsen. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen RE: REQUEST FOR COUNTY CONTRIBUTION - DOLLAR ESTATE - FILE 13-14-2 x 2-7-1 The Council received a report from City Manager Bielser regarding the City's request for a County contribution towards the purchase of the Dollar Estate, Proposition G on the November 5 ballot, which will be considered by the County Parks and Recreation Commission on Thursday evening. Motion by Councilman Mulryan, second by Councilman Nixon, that the City will apply whatever moneys that the County Board of Supervisors contributes from their open space funds toward the Dollar Estate purchase to the acquisition and/or maintenance; and the proposed property tax rate of four cents (W would be reduced by an amount equal to the contribution in a three year period. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Miskimen The City Council adjourned. HELEN L. McDANIEL, Acting City Clerk APPROVED THIS DAY OF 19 5� . MAYOR OF THE CITY SAN RAFAEL 150 1In the Council Chambers of the City of San Rafael, Monday, November 4, 1974, at 8:00 O'Clock P.M. I Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Approval of Minutes of Regular Meeting of October 21, 1974 Claim for Damages, Christopher Johnson, Claimant. File 3-1-126. Recommended Action Approve as furnished to each Council Member. Deny and refer to City's Insurance Carrier. Appeal of Planning Commission Decision (Ed74-35) Six Unit Continue public hearing to November 18, Apartment Complex, 127 Ross Street, John Reynolds, Applicant. 1974. File 10-5. Staff Report on Code of Ethics. File 9-4-2 Continue to meeting of November 18, 1974. RE: REDEVELOPMENT AGENCY RECOMMENDATION - SIGN ORDINANCE MORATORIUM IN SELECTED AREAS - FILE 140 x 125 Assistant Executive Director Neal referred to the Agency recommendation that the Council establish a moratorium on freestanding and projecting signs in the Redevelopment area. The area affected would include all properties within an area bound by U.S. 101 on the east; the rear property lines of properties on the west side of "E" Street on the west; the rear property lines or a distance of 100 feet, whichever is least, of the properties on the south side of Second Street on the south; and the rear line of properties fronting the north side of Fifth Avenue, Court Street and Mission (east of Court) on the north. Mr.Peter Brekhus represented the San Rafael Chamber of Commerce Sign Task Force Committee and asked that the Council adopt an interim amendment to the existing sign ordinance delaying enforcement until the Redevelopment plan is complete (March or April of 1975); and refuse to adopt the moratorium on freestanding and projecting signs as recommended. He presented an alternate ordinance for Council consideration. Other persons speaking in opposition to the proposed moratorium and the sign ordinance were Mr. Carl Heyman, Director of Community Relations of the California Sign Users Council, Mr. Irving Litchfield, 737 Francisco Boulevard and Mr. Charles Bellach, 777 Francisco Boulevard. Motion by Councilman Miskimen, second by Councilman Nixon, that the moratorium as proposed by staff be approved and the City Attorney be directed to prepare an urgency ordinance for next meeting. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None Motion by Councilman Miskimen, second by Councilman Jensen, to direct the City Attorney to file no additional abatement suits within the central business core, as defined by Mr. Neal, until further notice. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP74-66), AUTO TOWING AND STORAGE, 1550 FOURTH STREET, FILE 10-5 Mayor Bettini opened the public hearing on the appeal by Doug's Towing Service. Planning Director Hotchner referred to the planning staff report, Planning Commission minutes contain- ing the denial by a vote of 5-2, and letters of opposition to the use from adjacent property owners Bill Ireland and Mrs Davida Magnes, copies of which have been furnished to the Council. Mr. Carl Shapiro represented Doug's Towing. He maintained that the use is not incompatible with the surrounding uses and, since that was the basis for the Planning Commission denial, asked that the Council reverse the decision. Mr. Doug Shaffer, owner, said that his business is towing and only occasionally is one of the cars sold from the lot; and there is no dismantling of automobiles. Adjacent property owners speaking in opposition to the use were Carl Schiller and James Wilson. Mayor Bettini closed the public hearing. 151 Motion by Councilman Nixon, second by Councilman Mulryan, that the Council uphold the decision of thef�^ Planning Commission to deny the use permit. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARINGS - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mayor Bettini and Councilman Nixon left the Council Chambers, stating that they had clients who were included in the Assessment District. Acting Mayor Miskimen presided and declared the public hearing open on the continued hearing. He also opened the public hearing on the increased assessment. Mr. Brunsell represented the Assessment District and verified that the Council had received copies of all written protests. Acting Mayor Miskimen summarized the protests received from Piombo Bros., 2155 Francisco Blvd., Joseph R. Filippo, 215 Mountain View Avenue, Fred Grante of Grange Debris Box Rentals, Inc., Fairview Lands, Inc. and Francisco Company, 616 Canal Street. (Francisco Company had later withdrawn their protest by submitting a letter in favor of approval dated November 1, 1974.) A letter in favor of the Assess- ment District was received from A. L. McCormick. Mr. Fred Grange presented a letter signed by Piombo Bros., Forrest R. Morphew, Joseph R. Filippo, Mill Valley Refuse, Inc., and Fred Grange, to the effect that they would not oppose the formation if im- mediate building permits could be assured. However, in the absence of this assurance, they requested that proceedings be held in abeyance. Mr. Joseph Filippo also spoke in opposition. Mr. Samuel W. Gardiner asked that the Council overrule the protests. He also questioned if the pro - texts were valid. Bond Counsel Brunsell advised that where a condition is contained in the protest and that condition has not been met (as is the case in this instance) it would be considered a valid protest. Mr. Lee Ceccotti felt that all improvements in the area should be done at the same time and there was discussion regarding a petition for formation of an Assessment District for the extension of Kerner Boulevard. Mr. Lee Oberkamper, project engineer for the District, also spoke. Acting Mayor Miskimen closed the public hearings. After further discussion, the Council took the following action: RESOLUTION NO. 4864 - RESOLUTION OVERRULING PROTESTS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4865 - RESOLUTION AND ORDER APPROVING SECOND AMENDED ENGINEER'S REPORT, ORDERING THE IMPROVEMENTS AND ACQUISITIONS TO BE MADE AND CONFIRMING ASSESSMENT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4866 - RESOLUTION AUTHORIZING CHANGES IN THE WORK TO BE MADE BY THE ENGINEER OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS WAS FILED WITH THE CITY CLERK. LETTER FROM STONE & YOUNGBERG REGARDING PURCHASE OF BONDS WAS FILED WITH THE CITY CLERK. OF WORK IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4867 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini OFFICIAL NOTICE INVITING BIDS FOR THE PURCHASE OF BONDS WAS FILED WITH THE CITY CLERK. LETTER FROM STONE & YOUNGBERG REGARDING PURCHASE OF BONDS WAS FILED WITH THE CITY CLERK. 152 RE: COMMUNICATION FROM OWNERS OF RED ROCK QUARRY - FILE 13-9 Councilman Nixon and Mayor Bettini returned to the Council Chambers and Mayor Bettini presided. City Manager Bielser referred to the agreement submitted by the owners wherein they specify that the barricade on Quarry Road be relocated on their property. Mayor Bettini acknowledged receitp of 16 letters from property owners in the Quarry Road area object- ing to the relocation of the barricade. Mr. David Odom represented the owners of Red Rock Quarry and asked that the Council accept the agree- ment and authorize issuance of the building permit. Mr. John Collette, 25 Quarry Road, Mrs. Sally Sherlock, 15 Quarry Road, Mr. Tom Gioseffi, 38 Twin Oaks, Mr. Larry Cohen, Mr. Daniel J. Mardesich, 27 Quarry Road and Mr. Reinhard, 95 Twin Oaks, spoke in op- position to any change in the location of the barricades. The feeling was that the barricades would have no effect on the status of Quarry Road and in the present location deter traffic which in the past has constituted a nuisance. Motion by Councilman Nixon, second by Councilman Jensen, to uphold the staff recommendation that the Council maintain its prior position and the barricade remain at the existing location. This motion was later withdrawn as it was determined that no action was required. The Council confirmed its ac- tion of October 7, 1974. RE: FINAL ADOPTION - ORDINANCE NO. 1169 PREZONING 31 AND 35 SAN PABLO AVENUE - HORST HANF AND E. T. GHIRARDO, OWNERS - FILE 10-3 x 5 -2 -6'6 - CHARTER -2- 6 CHARTER ORDINANCE NO. 1169 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from A -P (Administrative -Professional) district and RABI (Suburban Agriculture - One Family Residential only) District to A -P (Administrative -Professional) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT - FILE 6-22 Mayor Bettini and Councilman Nixon were excused from the meeting because of possible conflict of in- terest in this matter. PAID AND UNPAID LIST WAS FILED WITH THE CITY CLERK. RESOLUTION NO. 4868 - RESOLUTION CONFIRMING PAID AND UNPAID LIST AND REQUESTING THAT THE AUDITOR OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, SHALL MAKE EXTENSION OF .INSTALL- MENTS THEREOF ON THE TAX ROLLS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4869 - RESOLUTION APPOINTING COUNTY TREASURER OF THE COUNTY OF MARIN AS PAYING AGENT FOR BONDS TO BE ISSUED IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, SUPPLEMENTAL ASSESSMENT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Mayor Bettin and Councilman Nixon returned to the meeting. RE: RESOLUTION, REPORT AND FINDING OF THE CITY COUNCIL THAT "THE SAN RAFAEL GENERAL PLAN" SATISFIES THE E.I.R. REQUIREMENTS, AND ADOPTION OF THE ENVIRONMENTAL IMPACT ASSESSMENT - FILE 115 RESOLUTION NO. 4870 - RESOLUTION, REPORT AND FINDING OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL THAT THE SAN RAFAEL GENERAL PLAN SATISFIES THE E.I.R. REQUIREMENTS FOR A LOCAL GENERAL PLAN AS SET FORTH IN SECTION 15147(c) OF THE GUIDELINES FOR THE IMPLE- MENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTION OF THE AT- TACHED ENVIRONMENTAL IMPACT ASSESSMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BUSINESS LICENSE FEE INCREASE PROPOSAL - FILE 9-10-2 Following a report by City Manager Bielser and City Treasurer Averett, the Council discussed the 14 percent increase agreed to by the Chamber of Commerce, as well as possible inequities in the ordi- nance. It was noted that a Code Enforcement Officer is expected to be hired by the first of the year. 153 An ordinance of the City of San Rafael amending Title 10, Chapter 10.04, entitled Business License, of the San Rafael Municipal Code by certain amendments, additions and deletions thereto, and numbering Charter Ordinance No. 1170, was read, introduced and ordered passed to print by the following vote, .to wit: AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None RE: ORDINANCE REGARDING DUTIES AND SALARY OF CITY ATTORNEY - FILE 9-3-16 Motion by Councilman Nixon, second by Councilman Miskimen, to approve the staff recommendation for a salary range of $25,000, $26,000, $27,000, and $28,000 for the next four years. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An ordinance of the City of San Rafael amending Chapter 2.08, entitled ''Officers,'' by adding thereto Section 2.08.155 designating the elective City Attorney's position as full time and amending Section 2.08.160 ''Salary of City Attorney,'' and numbering Charter Ordinance No. 1171, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN : None RE: DISCUSSION REGARDING OPEN SPACE ACTION COMMITTEE AND PROPOSED AD HOC OPEN SPACE COMMITTEE - SANTA MARGARITA - FILE 9-2-22 x 13-14-1 The Council discussed the time required for a committee to prepare a recommendation regarding imple- mentation of open space acquisition, the acceptance of the priority grouping submitted by the Commit- tee on Open Space Acquisition, and the various ordinances which must be considered. Motion by Councilman Nixon, second by Councilman Jensen, that the staff be directed to discontinue proceedings to form an Open Space Action Committee and, in lieu thereof, direct the City staff to pre- pare an implementation program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Nixon, second by Councilman Jensen, that the proposed ad hoc open space committee not be established at this time. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Harry Winters and Mr. Edward Bott addressed the Council regarding the timing and the boundaries of—the Santa Margarita Assessment District. RE: FEDERAL AID URBAN PROJECT - FOURTH STREET, MIRACLE MILE - FILE 11-15.1 Public Works Director Caillouette presented a written report on the status of the FAU project. The staff was directed to direct a letter to the Marin County Board of Supervisors pointing out that further delays to this project will be rather costly. RE: REPORT ON CITY REFUSE DISPOSAL REQUIREMENTS - FILE 13-2 Following a report by City Manager Bielser recommending three actions to be taken between now and February of 1975, the Council took the following action: Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to authorize a con- tract with San Quentin Disposal for refuse disposal. Motion by Councilman Nixon, second by Councilman Jensen, and unanimously carried, to authorize a fill permit application for the City disposal site. Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, to authorize the staff to analyze possible additional disposal sites. RE: DISCUSSION OF CERRITOS CASE - FILE 3-2 A request that the City join in the appeal of a ruling by the District Court of Appeals in the above case, that down zoning constitutes inverse condemnation for which a city or county is liable in damages was discussed by the Council. Motion by Councilman Mulryan, second by Councilman Miskimen, that the City join in the amicus brief, contribution to be limited to $100. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 154 RE: BAHIA DE RAFAEL INDUSTRIAL PARK SUBDIVISION - FILE 5-1-214 Director of Public Works Caillouette presented a request from a developer for abandonment of a 25 ft. access easement and acquisition of a 45 ft. easement. This abandonment has been approved in principle by the'San Rafael Sanitation District. Motion by Councilman Jensen, second by Councilman Nixon, that the Council approve in principle the re- quest for removal of the access easement. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GRANT OF LEVEE EASEMENT - 330 CANAL STREET - FILE 2-5 RESOLUTION NO. 4871 - RESOLUTION ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION, MAINTENANCE OF, AND ACCESS TO LEVEE (Levee Easement for construction, maintenance and access - 330 Canal Street - executed by Sasha Maloff) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FROM MARIN DANCE COUNCIL, INC. - FILE 12-15 A request from Marin Dance Council, Inc. that a spring floor be incorporated in the Multi Purpose Hall of the new community center and an offer of a $1,000 contribution towards this endeavor was rejected by the Council. It was recommended that this request be suggested to the County for consideration in their exhibition building. RE: RESOLUTION OF APPRECIATION FOR ROLAND BRUST - FILE 102 RESOLUTION NO. 4872 - RESOLUTION OF APPRECIATION FOR ROLAND BRUST AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCIL -MEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION OF COMMENDATION TO THE CAC ON THE GENERAL PLAN - FILE 102 - 9-2-15 RESOLUTION NO. 4873 - RECOGNIZING AND EXPRESSING APPRECIATION FOR THE WORK PERFORMED BY THE CITIZEN'S ADVISORY COMMITTEE ON THE SAN RAFAEL GENERAL PLAN AND DISCHARGING THE COMITTEE ON THE SUCCESSFU COMPLETION OF ITS WORK. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION OF COMMENDATION TO THE PLANNING COMMISSION - FILE 102 x 9-2-6 RESOLUTION NO. 4874 - RECOGNIZING AND EXPRESSING APPRECIATION FOR THE WORK PERFORMED BY THE SAN RAFAEL PLANNING COMMISSION IN THE PREPARATION OF THE SAN RAFAEL GENERAL PLAN. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON VEHICLE BIDS - FILE 4-2-108 x 4-2-110 RESOLUTION NO. 4875 - RESOLUTION AWARDING CONTRACT (1/2 Ton Pickup Truck to DeLong Chevrolet at low bid of $3,772.60) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4877 - RESOLUTION AWARDING CONTRACT (,3/4 Ton Van to DeLong Chevrolet at low bid of $3,876.13) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: NON -AGENDA ITEM - RESOLUTION OF CONDEP4NATION - FILE 12-15 x 3-6 RESOLUTION NO. 4876 - RESOLUTION OF NECESSITY FOR CONDEMNATION, SAN RAFAEL COMMUNITY RECREATION CENTER, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 155 The City Council adjourned to the next regularly scheduled meeting. MARION A. GRADY, City Clerk APPROVED THIS DAY OF 19 �W G�c� MAYOR OF THE CITY OF AN RAFAEL 156 In the Council Chambers of the City of San Rafael, Monday, November 18, 1974, at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Nixon, and unanimously carried, to approve the recom- mened action of the following Consent Calendar items: Item Reversion to Acreage - Bahia de Rafael Industrial Park Sub- division. File 5-1-214 ;Report on Bids - Tractor. File 4-2-109 The approval of minutes of the regular meeting of November 4, 1974 was continued to permit research of the tapes on the !sign ordinance moratorium in answer to Councilman Mulryan's question concerning directions to the City Attorney to file (no additional abatement suits within the central business core. Recommended Action Set Public Hearing for December 2, 1974. ' Recommend denial of lone bid. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED74-35, SIX -UNIT APARTMENT COMPLEX, 127 ROSS STREET, JOHN REYNOLDS, APPLICANT - FILE 10-7 Mayor Bettini opened the public hearing. City Planning Director Hotchner presented the staff report, outlining the background of previous ac- tions in this case. Council has been furnished copies of the planning staff report, Planning Commis- sion minutes and the letter of appeal. Attorney Martin E. Barrett, representing the applicant, stated that revised plans with a specific land- scape plan had met with full approval of the Planning Commission and the Homeowners Association. Mayor Bettini declared the public hearing closed. Motion by Councilman Jensen, second by Councilman Nixon, to sustain the appeal with the conditions attached as recommended by the Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - ED74-19(b) METAL BUILDING, 25 DODIE STREET - FILE 10-5. Mayor Bettini opened the public hearing. City Planning Director Hotchner and Senior Planner Winther presented the staff report. Council had I furnished copies of the planning staff report, Planning Commission minutes, and letter of appeal. Attorney Lawrence Mayer, representing the ESR Investment Company, stressed that the use had already been approved by the Planning Commission in June of 1974, with the condition that the building be re- designed. Since the primary purpose of the building is to be for the teaching of tennis, it needs to be of certain dimensions which he felt would be compatible with the industrial area. (Photographs of the proposed site and further comments were presented by Mr. Robert Eklund, of Hageman and Eklund, the representatives. As there were no further comments from the audience, Mayor Bettini declared the hearing closed. Following Council discussion, a motion was made by Councilman Mulryan and seconded by Councilman Miskimen to refer this item back to the Planning Commission and continue the hearing, with the thought in mind of improving the design of the proposed structure. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan NOES: COUNCILMEN: Nixon and Mayor Bettini ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1169 PREZONING 31 and 35 SAN PABLO AVENUE - HORST HANF AND E.T. GHIRARDO, OWNERS - FILE 10-3 x 5-2-66 CHARTER ORDINANCE NO. 1169 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from A -P (Administrative -Professional) District and RAB1 (Suburban Agriculture - One Family Residential only) District to A -P (Administrative -Professional) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: 157 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1170 - BUSINESS LICENSE FEE INCREASE PROPOSAL - FILE 9-10-2 CHARTER ORDINANCE NO. 1170 - An ordinance of the City of San Rafael amending Title 10, Chapter 10.04, entitled Business License, of the San Rafael Municipal Code by certain amendments, additions and deletions thereto, and numbering Charter Ordinance No. 1170, was passed and adopted as an ordi- nance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1171 - ORDINANCE REGARDING DUTIES AND SALARY OF CITY ATTORNEY - FILE 9-3-16 CHARTER ORDINANCE No. 1171 - An ordinance of the City of San Rafael amending Chapter 2.08, entitled "Officers", by adding thereto Section 2.08.155 designating the elective City Attorney's position as full-time and amending Section 2.08.160, "Salary of City Attorney", and numbering Charter Ordinance No. 1171, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SIGN ORDINANCE MORATORIUM - FILE 140 x 125 Mrs. Sue LIfschiz addressed the Council regarding the suspension of legal action against violators of the sign ordinance and suggested tha t the Council set a definite time limit of four or five months on this action and designate to the City Attorney to file suit against violators outside the central business core. The Council indicated that they would reinstitute the procedures for abatement at an early time. RE: SIGN ORDINANCE MORATORIUM IN SELECTED AREAS - FILE 140 x 125 I CHARTER ORDINANCE NO. 1172 - An urgency Ordinance of the City of San Rafael prohibiting freestanding and overhanging signs in the area encompassed by the redevelopment area as set forth below, and numbering Charter Ordinance No. 1172, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON FALKIRK - ACQUISITION AND USE - FILE 2-1-49 The Council heard a report from City Manager Bielser of the actions required to implement the man- date of the voters to acquire Falkirk and prepare the property for comprehensive public use, and took the following actions: RESOLUTION NO. 4878 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL EXCERCISING OPTION TO PURCHASE ROBERT DOLLAR PROPERTY. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4879 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini I NOES: COUNCILMEN: None I ABSENT: COUNCILMEN: None RESOLUTION NO. 4880 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Mr. Gerald A. Denman concerning occupancy of the Dollar Estate.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini �-� NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Miskimen, second by Councilman Jensen, to approve a loan from the Open Space Bond Funds, interest free, to appropriate $50,000 previosuly pledged from the Open Space Bond Fund, and $25,000 pledge from the County of Marin. E AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Nixon, second by Councilman Mulryan, to appropriate the necessary funds for the operating budget with the staff to undertake repairs and yard maintenance work, in cooperation with 158 Marin Heritage. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Jensen left the Council Chambers. An ordinance of the City of San Rafael, amending Title 8, Chapter 8.12, of the Municipal Code of the City of San Rafael, by adding Section 8.12.220(C) providing for the City Council by Resolution to al- low the use of alcoholic beverages on certain public property, and numbering Charter Ordinance No. 1173, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4881 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PERMITTING THE USE OF ALCOHOLIC BEVERAGES AT THE ROBERT DOLLAR ESTATE. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen Following Council discussion pertaining to requesting public donations for the Dollar Estate, Mr. Fred Dekker, President of Marin Heritage, on behalf of the Save the Dollar Estate Committee, donated an Oak Captain's Desk. Motion by Councilman Nixon, second by Councilman Mulryan, to adopt a resolution of appreciation to Marin Heritage and specifically to Mr. and Mrs. Dekker for their leadership resulting in the first gift of furniture to the Dollar Estate. RESOLUTION NO. 4883 - A RESOLUTION OF APPRECIATION TO MARIN HERITAGE. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen Councilman Jensen returned to the Council Chambers. Motion by Councilman Nixon, second by Councilman Jensen, that the following idea be referred to the Parks and Recreation Commission for their response, and that a public hearing be set for a Council meeting for response from the public to the following concept, to wit: That a five -member interim Cultural Commission be appointed, with the specific responsibility of re- commending administrative and usage procedures for the Dollar Estate, with the general responsibility of cultural activities as set forth in an ordinance under consideration in the staff report, and that this commission be put into existence for one year on January 1, 1975 until January 1, 1976, activated for that period of time. At the end of one year, the Parks and Recreation Commission and the interim Cultural Commission would be merged with four members being chosen from the Parks and Recreation Com- mission, two members from the interim Cultural Commission, and one member from either commission as the Council may see fit, at which point the newly integrated commission would be responsible for parks and recreation and the cultural responsibilities of the interium commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Mulryan, second by Councilman Nixon, to request the Marin Bicentennial Commis- sion to designate Falkirk as a project of the Bicentennial effort. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Nixon, second by Councilman Miskimen, to authorize the staff to investigate the purchase of the Menzies property adjacent to Falkirk. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DESIGNATION OF CITY PHYSICIAN - FILE 102 City Manager Bielser presented a report regarding a request by Dr. Arnold Nutting that he be designated as the City Physician. The Council decided to continue the matter of the designation, and took the following action: Motion by Councilman Mulryan, second by Councilman Miskimen, to adopt a resolution of appreciation to Dr. Nutting for his efforts for the City of San Rafael in the past several years. RESOLUTION NO. 4896 - A RESOLUTION OF APPRECIATION TO DR. ARNOLD NUTTING AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 159 RE: PROPOSED CODE OF ETHICS FOR DEPARTMENT HEADS - FILE 9-4-2 In discussing the Draft Code of Ethics, the Council recommended two minor changes: Item No. 4, delete the words, ''consideration, possibility or question of a'', and item No. 6, delete the words, ''entitled to the credit'' and substitute with the word, ''responsible''. Motion by Councilman Jensen, second by Councilman Mulryan, to accept the Draft proposal for the Code of Ethics. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONSIDERATION OF HISTORICAL PRESERVATION ORDINANCE - FILE 13-14-2 Motion by Councilman Mulryan, second by Councilman Nixon, that the proposed Historic Preservation ordinance be referred to the Planning Commission for review and comment. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini VOES: COUNCILMEN: None 4BSENT: COUNCILMEN: None RE: DISCUSSION OF DESIGNATION OF CITY COUNCIL AS HUMAN RIGHTS COMMISSION - FILE 13-1 Jodie Becker, Vice -Chairman of the State -mandated Juvenile Justice Commission, described the purpose and limitations of that commission in dealing with juvenile matters. Persons from the audience speaking in favor of a separate Human Rights Commission being established in San Rafael, but stressing opposition to the City Council serving as that commission, were Mr. Lee Bright, Mr. Ernest Gray, Chairman of the Marin County Human Rights Commission, Mrs. Tina Ferris, Mrs. Anise Turina. and Mr. Dick Fox. City Manager Bielser referred to a policy statement secured from Mr. Bosco of the Marin County Human Rights Commission, stating that future complaints and issues relating to staff or policy will first be directed to the local departments and the Criminal Justice Planning Agency. Then if the com- plaintant does not receive satisfaction from the agency or department, he may go to the Human Rights Commission for assistance. The Council agreed that if complaints of unrelated activities between two or more parties are brought to the city first, they will be automatically referred to the County Herman Rights Commission. The Council realizes there have been problems and in the future will attempt to resolve these in a judi- cious manner. No action was taken. RE: DISCUSSION OF COMMUNICATION REGARDING CITY INSURANCE PACKAGE - FILE 9-6 A letter received from Marsh and McLennan insurance brokers led to a discussion by the Council on the insurance coverage of the city, followed by a motion by Councilman Mulryan, second by Councilman Miskimen to have the staff investigate hiring a consultant to review the present insurance contracts of the city. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PRESENTATION OF CONCEPTUAL PLANS - MAIN LIBRARY REMODELING - FILE 12-8 Phillips and Finisy, Architectural Consultants, presented their conceptual plans and estimated costs for the main library remodeling. A motion was made by Councilman Mulryan, seconded by Councilman Nixon, to refer the report to the Library Commission for their recommendations and approval. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF CONSIDERATION OF CITY NEWSLETTER - FILE 14 A motion was made by Councilman Mulryan, seconded by Councilman Nixon, to request staff to get some estimated cost of producing a city newsletter and to report whether staff could accomplish this with present personnel. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REVIEW OF FINAL PLANS AND SPECIFICATIONS FOR RECREATION CENTER - FILE 4-3-5 Mr. Wagstaff of the Wagstaff and McDonald architectural firm, presented the final plans and specifica- tions and cost range estimates for the Recreation Center. Motion by Councilman Jensen, second by Councilman Mulryan, to approve the final plans and specifica- tions for the Recreation Center and authorize the plans to go to bid subject to approval by the Parks and Recreation Commission. 160 AYES: COUNCILMEN:Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None JABSENT: COUNCILMEN: None RE: OLD LUCAS VALLEY ROAD - CONSIDERATION OF CLOSURE - FILE 5-2-63 'The Council had received a staff report regarding this matter. Motion made by Councilman Nixon, seconded by Councilman Jensen, to hold a public hearing to indicate that the city is considering closure of the Old Lucas Valley Road. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Bettini left the Council Chambers. Acting Mayor Miskimen then presided. RE: COMMUNICATION FROM PERFORMANCE SAILCRAFT, INC. - FILE 12-15 1 Following a brief explanation by City Manager Bielser, a motion was made by Councilman Mulryan, seconded by Councilman Jensen, to refer the communication from the Performance Sailcraft, Inc., to the Parks and Recreation Commission for a review and recommendation. AYES: COUNCILMEN: Jensen, Mulryan, Nixon, and Acting Mayor Miskimen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: UNINCORPORATED AREA FIRE PROTECTION - FILE 13-5 x 4-13-37 Acting Mayor Miskimen advised the Council of the request of County Administrator Barrows for a 30 -day extension of the agreement of the County Fire Department and the City of San Rafael in providing first response protection in CSA #19 and adjoining city territory. City Manager Bielser and Fire Chief Marcucci recommended setting a deadline date in this matter. Motion by Councilman Mulryan, second by Councilman Nixon, to extend for 30 days the agreement that is in effect at the present time, to January 6, 1975. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Acting Mayor Miskimen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON SOUTH SAN PEDRO ROAD LANDSCAPING - FILE 4-13-14 Director of Public Works Caillouette presented a report from the landscape architect, Sidney M. Lewin and Associates, with the latest estimate on the South San Pedro Road landscaping project. Mayor Bettini returned during the discussion of this item and recommended that in approving the pro- ject, a separation of the portion of the project between Manderly Road and Lochninvar Road be made in the overall bid so the city could make a determination on whether to proceed with it. Acting Mayor Miskimen continued to preside over the meeting. Motion by Councilman Jensen, second by Councilman Mulryan, to approve going to bid for landscaping of the Phase IV portion of the South San Pedro Road project, on a unit cost basis to allow deletion of items of work by the Board of Supervisors or City Council if necessary. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mayor Bettini returned to his chair and presided over the remainder of the meeting. RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-213 The Council had received a staff report from the Department of Public Works. Motion by Councilman Jensen, second by Councilman Miskimen, to adopt the Resolution extending the time of completion of the Golden Gate Industrial Park Subdivision improvements to December 16, 1974 RESOLUTION NO. 4882 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR LOCAL 2208, INTERNATIONAL FIRE FIGHTERS ASSOCIATION - FILE 7-4 George A. Walser, representing the San Rafael Fireman's Association, Local 2208, I.A.F.F., addressed the Council to appeal a denial to their request for extension of an existing employee eligibility list beyond the one-year period, for an additional year. City Manager Bielser and Fire Chief Robert Marcucci also discussed the matter of the eligibility list. 161 Following Council discussion, a motion was made by Councilman Mulryan and seconded by Councilman Nixom, to uphold the staff decision not to extend the Battalion Chief Eligibility List for an additional year. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: HOLIDAY BUS SERVICE - REQUEST OF MARIN COUNTY TRANSIT DISTRICT - FILE 143 City Manager Bielser referred to a letter from the Marin County Transit District. Motion by Councilman Jensen, second by Councilman Nixon, to authorize the City of San Rafael to co- sponsor the Christmas Bus Service as it did last year, with operation of Route 27 from Sleepy Hollow through San Rafael to Northgate and Terra Linda at 60 -minute headways on Saturdays from November 30. to December 28, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: MAYORS AND COUNCILMEN'S CHRISTMAS PARTY - FILE 9-1 City Manager Bielser reported that the chairman of the Mayors and Councilmen"s group had asked if San Rafael would host the Christmas party this year. Following discussion, Council decided it would be willing to host the party if there were enough interest shown. The staff was requested to follow up on this, to see if the response of those who would attend was great enough, and then prepare for a Christmas party for the Mayors and Councilmen. The City Council adjourned to the next regularly scheduled meeting to be held on December 2, 1974. MARION A. GRADY, City Clerk/ APPROVED THIS DAY OF A� 19 %5/— %�,C� ✓7 - -�IGG MAYOR OF THE CIT OF SAN RAFAEL 162 In the Council Chambers of the City of San Rafael, Monday, December 2, 1974, at 8:00 O'Clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: CONSENT CALENDAR Motion by Councilman Nixon, second by Councilman Mulryan and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Recommended Action . . i Claim for Damages, Lee Ervin Shackelford, Claimant. File 3-1-129 Deny and refer to the City's insurance carrier. Report of Traffic Advisory Committee re Zqang proposal. File Recommend further continuance coin - 11 -18. cidental with Redevelopment Master Plan. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL OF ANIMAL PERMIT - A74-5, 217 JEWELL STREET - FILE 13-3 / / 0 — /0 Mayor Bettini opened the public hearing on the appeal by Roger F. Byars. Planning Director Hotchner referred to the planning staff report and explained that the application had been denied based upon letters of complaint from adjoining property owners, and the physical measurements required by the ordinance are not met as far as adequate minimum area on the lot and adequate distance to adjoining structures. The permit had been denied by the planning staff, was appealed, and the denial then sustained by the Planning Commission. Mr. Roger F. Byars, of 217 Jewell Street, appellant in this matter, said that he is a co-owner of the goats with his neighbors, Mr. and Mrs. Russell Batt, of 221 Jewell Street, and they share their prop- erty for the animal enclosure. He maintained that having the goats' enclosure actually covering two lots should meet the area requirement, and the positive response from numerous adjacent property owners and neighbors by letter and petition should support the feeling that there is no public nuisance created by the two female goats. Mr. Russell Batt, co-owner of the goats, presented a letter from his gastroenterologist, Dr. Earnest, of the U.C. Medical Center, explaining that Mr. Batt needs goat's milk for his medical condition. Mr. Miskimen asked Mr. Byars when the geese left his premises. Mr. Byars said they had obtained the geese and goats approximately six months ago and gave the geese away about three months ago. Mr. Jensen asked Mr. Byars if keeping the goats restricted to the garage area wasn't being cruel to the animals. Mr. Byars responded they had studied a great deal about goats and felt that the two -car - sized garage and 100' perimeter outside enclosure was adequate. Mr. Holt, a homeowner in the area, presented pictures of the animal enclosure taken from his front yard. He objected to keeping any farm animals in a residential area and felt that before purchasing the prop- erty, the Byars and Batts should have checked into the city ordinances and applied for an application. He objected to the goats being kept there because the minimum standards set by the City ordinance are not met and he feels it decreases his property value. Penelope Reed, who lives directly across the street at 210 Jewell Street, pointed out that many of the neighbors who are not objecting to the goats are not homeowners. She strongly objected to the nuisance of flies and odor which she attributed to the presence of the goats. Mr. Cliff Elbing, a property owner on Broadview Court, objected to granting the appeal because he feels the goats and their food attribute to the fact that he recently caught a rat in his back yard. Mr. Robert Guy. of Broadview Drive, speaking for himself and Mrs. Irene Cossette, who lives on the cor- ner of Eucalyptus and Jewell, were opposed to the goats because of the noise and smell. Mr. William Baker, property owner on Highland Avenue, stated that he had no objection whatsoever to the goats. Mr. Karl Hoppe, trustee of an estate at 57 Valencia, stated he was completely in favor of the raising of the goats by the Byars and Batts. Doris Mascho, of Union Street, speaking for herself and a neighbor, Chris Potter, said the presence of the goats was not objectionable. Mayor Bettini closed the public hearing. Motion by Councilman Nixon, seconded by Councilman Miskimen, that the Council uphold the decision of the Planning Commission and deny the appeal. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Mulryan ABSENT: COUNCILMEN: None 163 RE: PUBLIC HEARING - OLD LUCAS VALLEY ROAD - CONSIDERATION OF CLOSURE - FILE 11-19 Mayor Bettini opened the public hearing on the consideration of closure of Old Lucas Valley Road. Assistant to the City Manager, Ray Meador, presented the staff report and legal opinion and recom- mended that the City Council approve the closing of Old Lucas Valley Road in accordance with a re- quest from the Mont Marin Homeowners Association. A consent had been received from Mr. Thomas Nunes, who owns property along the road, and a copy of this consent was furnished to the Council. Mr. Bill Love, President of the Mont Marin Homeowners Association, expressed a need for closure of the portion of Old Lucas Valley Road to the west of Canyon Oak Drive because there has been a pro- blem of debris dumping, cars racing down it wrecklessly, and parking by teenagers. He felt it had a tremendous potential recreational use for jogging, bicycling, walking, bird watching, and access to open space. Mayor Bettini closed the public hearing. The Council discussed where the funds to cover the cost of the closure should come from. Motion by Councilman Jensen, second by Councilman Miskimen, that Old Lucas Valley Raod should be closed and the City expend $1,000 from the reserve funds to cover the cost. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - BAHIA DE RAFAEL INDUSTRIAL PARK - REVERSION TO ACREAGE MAP - FILE 5-1-214 Mayor Bettini opened the Public hearing on the consideration of a Reversion to Acreage Map of Lots 17 through 22 of the Bahia de Rafael Industrial Park. Director of Public Works Caillouette reported the request had been made by the developer of the lots, and the Sanitation District, Planning Commission and Staff recommended approval of the Reversion to Acreage Map. Mayor Bettini closed the public hearing. Motion by Councilman Jensen, second by Councilman Nixon, that the Council approve the Reversion to Acreage Map of Lots 17 through 22 of the Bahia de RAfael Industrial Park. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1173 RELATING TO USE OF ALCOHOLIC BEVERAGES ON CERTAIN PUBLIC PROPERTY - FILE 2-1-49 x 12-5 CHARTER ORDINANCE NO. 1173 - An ordinance of the City of San Rafael amending Title 8, Chapter 8.12, of the Municipal Code of the City of San Rafael, by adding Section 8.12.220 (C) providing for the City Council by Resolution to allow the use of alcoholic beverages on certain public property, 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 FALKIRK FEES - FILE 2-1-49 x 9-10-2 City Manager Bielser presented the staff report with the recommended fee schedule for use by the public of Falkirk, He pointed out that these are interim fees since a fee schedule is needed by December 6th when the estate will be opened to the public; but the schedule should be scrutinized within the next few months to refine it. Motion by Councilman Mulryan, second by Councilman Jensen, to adopt the fee schedule with the addi- tion of a $50 damage deposit. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CLARIFICATION OF MOTION REGARDING ABATEMENT OF SIGN VIOLATIONS - FILE 140 x 125 City Attorney Robbins reported that Councilman Mulryan had requested clarification of what was con- tained in Councilman Miskimen's motion regarding abatement of sign violations at the November 4th Council meeting. A verbatim transcription of the item discussion and motions was prepared for the Council. A motion passed at the November 4, 1974 meeting was to prepare an ordinance to put a moratorium on free-standing and protruding signs in the redevelopment area. A following motion was passed to direct the City Attorney not to file any additional abatement suits within the central business core until further notice. 164 Motion by Councilman Mulryan, second by Councilman Miskimen that the Council should exclude from any cessation of the procedures any actions that have been taken to request stoppage of blinking and mov- ing signs. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None I ABSENT: COUNCILMEN: None RE: RESULTS OF CANVASS OF VOTES SPECIAL MUNICIPAL ELECTION - NOVEMBER 5, 1974 - FILE 9-4 RESOLUTION NO. 4884 - A RESOLUTION OF THE CITY OF SAN RAFAEL DECLARING THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS OF AN ELECTION HELD ON THE ANNEXATION TO THE CITY OF SAN RAFAEL OF CERTAIN INHABITED TERRITORY DESIGNATED AS "KNOCKNABOUL WAY ANNEXATION" ON THE FITH DAY OF NOVEMBER, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An ordinance of the City of San Rafael approving the annexation to the City of San Rafael of certain inhabited terriotry designated as "Knocknaboul Way Annexation", and numbering Charter Ordinance No. 1174, 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. 4885 - A RESOLUTION OF THE CITY OF SAN RAFAEL DECLARING THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS OF AN ELECTION HELD ON THE ANNEXATION TO THE CITY OF SAN RAFAEL OF CERTAIN INHABITED TERRITORY DESIGNATED AS "COUNTRY CLUB ANNEXATION" ON THE 5TH DAY OF NOVEMBER, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4886 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE STATE- MENT OF RESULTS OF THE SAN RAFAEL SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATE OF CALIFORNIA GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mr. Jim Gulseth addressed the Council, representing 63% of the property owners in the East San Rafael Drainage Assessment District No. 2, who requested a delay of further action on the Assessment Dis- trict. Mayor Bettini and Councilman Nixon left the Council Chambers, stating that they had clients who were included in the Assessment District. Acting Mayor Miskimen presided. City Manager Bielser pointed out that at the time the Council authorized the bidding of the project there apparently was a majority of the homeowners in favor of it. Presently, however, if 63 percent are protesting, Mr. Gulseth felt the Council had a moral commitment to honor the request for a delay. Director of Public Works Caillouette said the permit from the Corps of Engineers had not yet been re- ceived and the Council had agreed not to let the contract until the permit arrived. Motion by Councilman Mulryan, second by Councilman Jensen that the Council hold the Statute of Limita- tions indefinitely to the effect of granting any objectors a full 30 days time after the final deci- sion, whenever that is, within which to make any protests or file any law suits. AYES: COUNCILMEN: Jensen, Mulryan, and Acting Mayor Miskimen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - FILE 6-24 Councilman Nixon and Mayor Bettini returned to the Council Chambers and Mayor Bettini presided. Public Works Director Caillouette presented the staff report which recommended the Contract Change Order No. 6, final quantities payment, and adoption of a resolution extending the project completion time to December 2, 1974. Motion by Councilman Jensen, second by Councilman Mulryan, to approve Contract Change Order No. 6 and final payment. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 165 tion by Councilman Mulryan, second by Councilman Jensen to extend the contract time to December 2, 74, for project completion by Silva's Pipeline, Inc. SOLUTION NO. 4890 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF A CONTRACT. ES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini ES: COUNCILMEN: None SENT: COUNCILMEN: None : REPORT ON 1973-74 FISCAL YEAR AUDIT - FILE 8-1 Mr. Ted Martin of Sleezer and Eckhoff presented the audit reports for the City of San Rafael, Parking District No. 1, and the San Rafael Redevelopment Agency. IRE: REQUEST RE COMMUNITY DEVELOPMENT ACT OF 1974 - FILE 4-13-38 � 147 City Manager Bielser reported on the three billion dollar Community Development Act which provides for replacement funds to cities replacing previous grant programs that the Federal Government had that were available to local governments. The County of Marin proposed a countywide project committee that would consider projects and expendi- ture of funds in Marin County, approximately eight million dollars in the next six years. The pro- posed committee would be made up of one member/one vote from each city and one representative/one vote from the unincorporated area. Motion by Councilman Nixon, second by Councilman Jensen that the County Agreement be approved subject to funds being distributed on a per capita basis for San Rafael and secondly, a provision be made in the agreement that San Rafael may withdraw. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The staff was authorized to prepare a list of projects and cost estimates which may be submitted with the countywide application for funds. RE: REPORT ON COUNTY RETIREMENT SYSTEM - FILE 7-1 City Manager Bielser presented the staff report investigating the differences between the State Em- ployees Retirement System (PERS) and the County Employees Retirement System as to benefits and re- lative costs. Motion by Councilman Mulryan, second by Councilman Miskimen to authorize staff to investigate the matter further by requesting that PERS and the County provide a statement of assets that could be used in further determinations of the two plans. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Betti.ni NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT OF LIBRARY BOARD RE LIBRARY PLANS - FILE 4-3-64 City Manager Bielser presented a report from the Library Board which had met with the architect, and recommended that the Council authorize the architect to proceed with the library plans. Motion by Councilman Mulryan, second by Councilman Jensen, that the Architect, Phillips and Finisy, proceed with the preparat.i.qnof preli,m�inary plans, specifications, and cost estimates based on the con- ceptual plan that was presented. REPORT ON LICENSE COLLECTOR - FILE 9-3-1 City Attorney Robbins presented a report regarding this item. Following Council discussion, an ordinance of the City of San Rafael amending Title 2, Chapter 2.08, of the San Rafael Municipal Code, by repealing Section 2.08.100 thereof and amending Sections 2.08.110 and 2.08.120 and by adding thereto Section 2.08.124 entitled Duties of City Tax and License Collector and Section 2.08.128 entitled Salary of City Tax and License Collector, and numbering Charter Ordinance No. 1175, 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. 4895 - A RESOLUTION SETTING SALARY FOR TAX AND LICENSE COLLECTOR AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City Attorney Robbins stated that he would recommend that the office of City Tax and License Collector be placed on the ballot to eliminate it as an elected office in the future. 166 RE: REPORT ON PROPOSITION 9 - FILE 9-4 City Attorney Robbins presented a report regarding this item and answered questions raised by the Council. RE: RESOLUTION FIXING FEES FOR POSTING POLITICAL SIGNS - FILE 125 RESOLUTION NO. 4887 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FIXING FEES FOR POSTING SIGNS. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF CITY TELEPHONE SYSTEM - FILE 12-2 Pursuant to a request by Councilman Nixon, the Council discussed the possible advantages in purchas- ing a telephone system for internal use. Motion by Nixon, second by Jensen, to direct staff to begin a preliminary study of how the city might proceed in evaluating its telephone system in relationship to buying a system as opposed to leasing a system. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None 6bsent: Councilmen: None RE: ORDINANCE AND RESOLUTION RE TENNIS COURT USE - FILE 12-15 Director of Parks and Recreation Snyder discussed details of the proposed resolution and ordinance regarding tennis court use, and answered questions from the Council. RESOLUTION NO. 4888 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING RULES AND REGULATIONS RE USE OF TENNIS COURT FACILITIES OF THE CITY OF SAN RAFAEL. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An ordinance of the City of San Rafael amending Title 2, Chapter 2.16, by adding thereto Sections 2.16.025, 2.16.026 and 2.16.027, providing that the tennis court facilities of the City of San Rafael shall be used by San Rafael residents only and providing for the Park and Recreation Commission to formulate and recommend for adoption to the City Council rules and regulations regarding the use of said tennis court facilities and violations thereof, and numbering Charter Ordinance No. 1176, 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: AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING BAIL SCHEDULES FOR CERTAIN VEHICLES AND MUNICIPAL CODE ORDINANCE VIOLATIONS - FILE 9-3-30 x 9-10-2 An ordinance of the City of San Rafael setting bail schedules for certain Vehicle and Municipal Code Ordinance violations, and numbering Charter Ordinance No. 1177, 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: AN AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT FOR UPGRADING OF WATER MAIN ON BUNGALOW AVENUE - FILE 4-15 RESOLUTION NO. 4889 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CORTE MESA, A CONDOMINIUM SUBDIVISION - CONSIDERATION TO AN EXTENSION OF TIME - FILE 5-1-219 RESOLUTION NO. 4891 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. YES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini OES: COUNCILMEN: None BSENT: COUNCILMEN: None RE: NOP,THGATE EAST DEVELOPMENT - CONSIDERATION TO AN EXTENSION OF TIME - FILE I 1-220 Director of Public Works Caillouette presented the staff report on this item, discussing the various phases of work. 167 RESOLUTION NO. 4892 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4893 - RESOLUTION EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESOLUTION ORDERING CONSOLIDATION OF SCHOOL DISTRICT ELECTIONS TO BE HELD ON MARCH 4, 197 FILE 9-4 RESOLUTION NO. 4894 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY SUPERINTENDENT OF SCHOOLS TO CONSOLIDATE THE DIXIE SCHOOL DISTRICT GOVERNING BOARD MEMBER ELECTION, MARIN COMMUNITY COL- LEGE DISTRICT GOVERNING BOARD MEMBER ELECTION AND THE MARIN COUNTY BOARD OF EDUCATION, TRUSTEE AREA NO. 2 GOVERNING BOARD MEMBER ELEC- TION WITH THE CITY OF SAN RAFAEL GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 4, 1975• AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ITEMS NOT ON AGENDA RE: VACANCY ON PARKS AND RECREATION COMMISSION - FILE 9-2-4 Motion by Councilman Mulryan, second by Councilman Miskimen that additional applicants for the Parks and Recreation Commission be requested. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: THIRTY FOOT HIGH FREE-STANDING RADIO TOWER WITH TWO ''DISH'' ANTENNA ON TOP ADJACENT TO THE BRIDGE MAINTENANCE FACILITY IN EAST SAN RAFAEL - FILE 10-2 Planning Director Hotchner described the proposed facility and some of the options facing the Council in ealing with this item. Mayor Bettini was excused from the meeting for a brief period. Planning Director Hotchner reported that the Golden Gate Bridge Highway and Transportation District had let a contract with the Motorola Corporation for the entire radio communications network, and it appears they have not met with the requirements of the California Environmental Quality Act (CEQA). Mayor Bettini returned to the Council Chambers and presided over the meeting. Motion by Councilman Mulryan, second by Councilman Jensen, that the City take whatever steps are necessary immediately to see to it that the Bridge District complies with the California Environmental Quality Act requirements. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Staff was authorized to send a telegram to the District reflecitng the Council's concern for immediate compliance, and inform ABAG and the County of the action taken. RE: RECRUITMENT FOR BICENTENNIAL COMMITTEE - FILE 9-2-23 City Manager Bielser reported that there had been no applicants for the Bicentennial Committee as yet. RE: APPEAL OF DENIAL OF LICENSE TO WORK AS A MASSEUSE - FILE 9-10-3 City Attorney Robbins explained that an appeal from Applicant Ms. Arlene Barni had been filed after the normal ten days appeal period because she was unaware of the time limit. Motion by Councilman Mulryan, second by Councilman Miskimen to extend the time in which Ms. Barni could appeal, and set the date for a public hearing on the issue for December 16, 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 168 RE: TRAFFIC SIGNALS ON 4TH STREET - FILE 11-10 Councilman Jensen expressed a concern about the timing of the traffic signals on 4th Street. Public Works Director Caillouette said the time -space diagram would be checked to see if the timing is set correctly. RE: LUCAS VALLEY INTERCHANGE - FILE 11-16 Mayor Bettini described the request from the Planning Commission for Council opinion on the contribu- tions for off-site improvements which may be required for the State Highway Improvements at the in- terchange at Highway 101 and Smith Ranch Road. Staff was directed to gather as much information as possible on the cost and timing of the Lucas Valley Interchange improvements and pass this information on to the Planning Commission for further consideration. The City Council adjourned to the next regularly scheduled meeting to be held on December 16, 1974. MARION A. GRADY, City ClC APPROVED THIS ��DAY OF �� , 19 ';7 MAYOR OF THE CITY TF SAN RAFAEL 169 In the Council Chambers of the City of San Rafael, Monday, December 16, 1974, at 8:00 O'Clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman IRE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of Regular Meetings of November 18, Approve as furnished to each Council 1974 and December 2, 1974 Member. Award of Bids - Tractor. File 4-2-111 Recommend Award to Low Bidder. RE: PRESENTATION OF GOLDEN GATE BRIDGE. HIGHWAY AND TRANSPORTATION DISTRICT - FILE 112-2 Mr. David Miller, Attorney for the Golden Gate Bridge, Highway and Transportation District, Mr. Edwin Anderson, Project Engineer, and Mr. Harry Riley, District Engineer, discussed the need for radio com- munication by the District, pointed out the locations of the proposed base stations, and explained the necessity of microwave reflectors in the project. The District proposes placing a 30 -foot high radio tower with two six-foot microwave "dish" antennas on top, adjacent to the Bridge District Maintenance Terminal in East San Rafael. Mr. Miller reported that a Negative Declaration regarding the tower had been prepared and a complete Environmental Impact Report would be prepared at such time that an expanded facility on the adjacent property is begun. Various concerns of the Council were discussed regarding the environmental impact, whether all possible alternatives for a site had been investigated, and the problem of lack of communication between the District and City Council when plans for this installation were initiated. Motion by Councilman Mulryan, second by Councilman Miskimen, to refer this matter to the Planning Staff and Planning Commission for their recommendations regarding location and landscaping, and ask that they report back to the Council at the January 6, 1974 meeting. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Bettini NOES: COUNCILMEN: Nixon ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL OF USE PERMIT FOR ALCOHOLIC RECOVERY FACILITY UP7 - 1, 34 GROVE STREETT_- FILE 10-5 Mayor Bettini opened the pbblic hearing on the appeal by the ALCOM Foundation. The Council had been given copies of numerous letters from the public regarding this item, a staff report, the Planning Commission minutes, and Notice of Appeal. Attorney Roger Garety, representing ALCOM, described the background of the Foundation, its purpose, and plans for use of the house at 34 Grove Street as an alcohol recovery facility. He submitted to the Council a list of 38 neighbors and property owners in the vicinity who supported the use of the residence by ALCOM. Mr. Ron Brandes addressed the Council, explaining his affiliation as manager of the proposed facility, and Mr. Don Purdy, Director of the ALCOM program, discussed the list of proponents, indicating whether they were property owners or tenants in the area. Other persons speaking in favor of granting the use were: Florette Pomeroy, of the National Council of Alcoholism in the Bay Area, Dick 0"Brien, a Hospital Insurance Consultant and member of Marinwood Community Services District, Mr. Hugo Landecker, of 127 San Rafael Avenue, Mr. Albert Knittel, of 238 San Rafael Avenue, Mrs. Elizabeth Hamstra, of 115 San Rafael Avenue, Mr. Ed 0"Donnell, Chief Counselor for Alcohol Recovery for Marin Post Office, and Mr. Arnold Leonhard, owner of the property at 34 Grove Street. Mr. Richard Cerutti, of 35 Grove Street, voiced opposition to the use permit and presented the Council with a petition signed by people in the vicinity of 34 Grove Street who were also opposed to it. Mr. David Fyfe, of 57 Grove Street, strongly opposed the use of the residence by ALCOM, stressing that he felt it would be wrong to permit a continuation of a nonconforming use in a non -conforming building by allowing this appeal to be granted. He was particularly concerned with the amount of traffic and parking problems on the street. City Attorney Robbins explained that the building and use as a rooming house is nonconforming, but it was used for this prior to the Zoning Ordinance. The type of use proposed by ALCOM is permitted in the area which is zoned R3G, so it would be a matter of abandoning a non -conforming use and chang- ing to a conforming use. Mr. Michael Flynn, President of the Gerstle Park Neighborhood Association, reported that after many meetings, the association was unable to arrive at an agreement for a strong stand either for or against the use permit by ALCOM. Mayor Bettini declared the hearing closed. I O Following Council discussion, motion by Councilman Mulryan, second by Councilman Miskimen, upon con- cluding that the use would not impose a burden or hardship upon the neighborhood, to overrule the Planning Commission's denial, and grant the use permit for the Alcohol Recovery Facility for one year only, subject to the conditions recommended by the Planning Staff and the condition that no more than ten cars be allowed on the property under ownership of the staff and residents. AYES: COUNCILMEN: Miskimen, Mulryan and Nixon NOES: COUNCILMEN: Jensen, and Mayor Bettini AABSENT: COUNCILMEN: None RE: PUBLIC HEARING - IMPOSITION OF WEIGHT LIMITS - FORBES AVENUE, H STREET, TWIN OAKS AND ELIZABETH WAY - FILE 11-5.1 Mayor Bettini opened the public hearing. City Attorney Robbins presented a brief report regarding the proposed ordinance. Mr. Mario Ghilotti asked and was reassured that trucks weighing over five tons which were traveling to and from job sites would be exempt under the Vehicle Code. Mayor Bettini declared the public hearing closed. An ordinance of the City of San Rafael, amending Title 5, Chapter 5.52, by adding thereto Section 5.52.021 which restricts the weight limit of vehicles on certain streets, and numbering Charter Ordi- nance No. 1178, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF DENIAL FOR MASSAGE TECHNICIAN PERMIT - ARLENE BARNI - FILE 9-10-3.1 Mayor Bettini declared the public hearing open. Police Chief Kelly explained the basis for the denial of the Massage Technician Permit. Miss Arlene Barni stated her reasons for appealing the decision. Mayor Bettini declared the hearing closed. Motion by Councilman Jensen, second by Councilman Mulryan, to overrule the denial and grant the per- mit. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: Nixon ABSENT: COUNCILMEN: None RE: DEMOLITION PERMIT - MR. MARIO GHILOTTI - FILE 3-3-21 Mr. Ghilotti reported that he had recently been awarded a contract to demolish an old house at 820 Mission Avenue. Since the structure is approximately 100 years old, the Demolition Ordinance requires applications for demolition permits to be obtained through the City Council rather than the Building Department. Mr. Jack Coates of the Building Department gave an oral report of his exterior inspection of the re- sidence, but he had not been permitted to inspect the interior. Mrs. Mary Dekker, of Marin Heritage, read an article from a book which described the structure and estimated that it was built in 1885. Mrs. Dekker urged the Council to delay on issuing the demolition permit until someone well -versed on historic preservation and restoration could inspect the house. Following discussion, the Council decided to continue the item until the January 6, 1975 meeting, and request the Building Department staff to submit a report after inspecting the interior of the house. The Marin Heritage representatives were encouraged to have someone inspect the structure for its historical significance prior to that meeting also. RE: INQUIRY REGARDING RUSTLER STEAK HOUSE - FILE 4-8-17 A gentleman from the audience inquired as to the progress of the plans for the Rustler Steak House. City Manager Bielser indicated that a proposed alternative agreement regarding that item will be on the January 6 Council meeting agenda. RE: FINAL ADOPTION - ORDINANCE NO. 1174 - KNOCKNABOUL WAY ANNEXATION - FILE 5-2-64 CHARTER ORDINANCE NO. 1174 - An ordinance of the City of San Rafael approving the annexation to the City of San Rafael of certain inhabited territory designated as "Knocknaboul Way Annexation", on the 5th day of November, 1974, and numbering Charter Ordinance No. 1174, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ,J 171 RE: FINAL ADOPTION - ORDINANCE NO. 1175 - DUTIES AND SALARY OF CITY TAX AND LICENSE COLLECTOR - FILE; I 9-3-15 ICHARTER ORDINANCE NO. 1175 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.08, of the San Rafael Municipal Code, by repealing Section 2.08.100 thereof and amending Sections 2.08. 110 and 2.08.120 and by adding thereto Section 2.08.124 entitled Duties of City Tax and License Col- lector and Section 2.08.128 entitled Salary of City Tax and License Collector, and numbering Charter Ordinance No. 1175, was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1176 - TENNIS COURT FACILITIES - FILE 12-15 CHARTER ORDINANCE NO. 1176 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.16, by adding thereto Sections 2.16.025, 2.16.026 and 2.16.027, providing that the tennis court facilities of the City of San Rafael shall be used by San Rafael residents only and providing for the Park and Recreation Commission to formulate and recommend for adoption to the City Council rules and regula- tions regarding the use of said tennis court facilities and violations thereof, and numbering Charter Ordinance No. 1176, was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION - ORDINANCE NO. 1177 - BAIL SCHEDULES - FILE 9-3-30 x 9-10-2 CHARTER ORDINANCE NO. 1177 - An ordinance of the City of San Rafael setting bail schedules for cer- tain Vehicle and Municipal Code Ordinance violations, and numbering Charter Ordinance No. 1177, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2: -FILE 6-29 Mayor Bettini and Councilman Nixon excused themselves from the meeting, stating they had clients who were included in the Assessment District. Acting Mayor Miskimen presided. 1A summary staff report was given by Director of Public Works Caillouette. Mr. Edwin Ness, Counsel for the Assessment District, indicated the signatures on the petition requesting a delay of the pro- ject had been checked out and it was a legitimate 63% sign-up of landowners within the proposed dis- trict. The Corps of Engineers' permits had not been received as yet. The low bidder, Joseph DiGiorgio, had indicated he could not extend the time and h6ld his bid past December 19, 1974. Judge Samuel Gardiner spoke in favor of going forward with the District to solve the drainage pro- blems in the area. Mr. Mario Ghilotti spoke in support of the delay until it is known what the Redevelopment Plan is going to bring about for the area. Mr. Fred Grange and Mr. Jim Gulseth also explained their reasons for requesting a delay. Following further discussion, motion by Councilman Mulryan, second by Councilman Miskimen, to proceed with the creation of the District subject to the Corps of Engineers' approval by December 19th, in order to coincide with the expiration date of the contract. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Staff was requested to do whatever could be done to inform the Corps of Engineers of the Council's position, in trying to obtain the permits by December 19th. The Council decided to discuss this item again at an adjourned regular meeting on Thursday, December 19, 1974, at 7:30 p.m., to coincide with a scheduled Redevelopment Agency meeting on that evening, in Room 301. RE: REPORT ON BOYD HOUSE RESTORATION - FILE 4-3-56 Mayor Bettini and Councilman Nixon returned to the Chambers and Mayor Bettini presided. City Manager Bielser presented the staff report. Motion by Councilman Mulryan, second by Councilman Miskimen, to allow the additional amount of $7701 required to complete the Boyd Restoration Project. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Council discussed the continued occupancy of the building by the Marin County Historical Society and 172 conditions of that occupancy. City Manager Bielser was requested to discuss the new agreement with the Society and report back at the next regular Council meeting. RE: CONFIRMATION OF PURCHASE OF BRUSATI PROPERTY - FILE 3-6 � .2-�- " City Manager Bielser presented a staff report recommending approval of a resolution confirming the pur- chase of the Brusati property at 604 'B' Street at a purchase price of $30,000. RESOLUTION NO. 4897 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RESIGNATION OF LIBRARY BOARD OF TRUSTEES MEMBER - FILE 9-2-3 Motion by Councilman Mulryan, second by Councilman Miskimen, to accept the resignation of Mr. Richard H. Bradshaw III from the San Rafael Library Board of Trustees. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Council requested that applications be sought to fill the vacancy during the next 30 -day period. RE: AUTHORIZATION TO SOLICIT BIDS - MOTORCYCLES - FILE 9-3-30 A brief staff report was presented by City Manager Bielser. Police Chief Kelly answered questions posed by the Council during their discussion. Motion by Councilman Jensen, second by Councilman Nixon, to approve the authorization to solicit bids for motorcycles for the Police Department. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST OF GERSTLE FAMILY RE USE OF GERSTLE PARK IN 1975 - FILE 12-15 x 13-8 RESOLUTION NO. 4898 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL EXERCISING THAT DISCRETIONARY AUTHORITY STATED IN ORDINANCE NO. 1173. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Council requested that a review of Ordinance No. 1035 be placed on a future agenda. RE: RECOMMENDATION OF FIRE COMMISSION REGARDING MARINE FIRE PROTECTION ORDINANCE - FILE 9-2-5 x 13-5 Mr. Daniel C. Dufficy, Chairman of the San Rafael Fire Commission presented a report stating the Com- mission had recommended denial of the Marine Fire Protection Ordinance as proposed, and will offer some alternatives at a future Council meeting. RE: COMMUNICATION FROM MRS. ROY M. MICHAEL REGARDING DONATION OF STREET CLOCK - FILE 105 Motion by Councilman Mulryan, second by Councilman Nixon, to authorize acceptance of a street clock for the City of San Rafael, and to have a small metal plaque attached to the clock base. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Staff was asked to prepare a letter of appreciation to Mrs. Michael for the clock. RE: REQUEST OF INTERNATIONAL FIRE FIGHTERS' ASSOCIATION, LOCAL 2208 - FILE 7-4 A brief staff report was given by City Manager Bielser, stating the staff agreed with the recommendation presented by Mr. Davis. Attorney Alan C. Davis, representing the Fire Fighters' Association, recommended an agreement proposed by the association regarding the battalion chief's promotional examination. RESOLUTION NO. 4902 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ACCEPTANCE OF GRANT OF EASEMENTS - LOTS 6 AND 7, GOLDEN GATE INDUSTRIAL SUBDIVISION - FILE 5-1-213 RESOLUTION NO. 4899 - RESOLUTION ACCEPTING GRANT OF TWENTY FOOT WIDE ACCESS AND EASEMENT AND FIFTY FOOT WIDE EASEMENT FOR INGRESS AND EGRESS 173 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None iCItyRE: REPORT ON COMMUNITY DEVELOPMENT ACT - FILE 4-13-38 Manager Bielser presented the staff report, recommending adoption by resolution of a Cooperation Agreement for the Housing and Community Development Act with the County of Marin. RESOLUTION NO. 4900 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON STATEMENT OF DUTIES - CITY ATTORNEY - FILE 9-3-16 Following a report by City Manager Bielser, motion by Councilman Mulryan, second by Councilman Nixon, to adopt the position description of the City Attorney as presented. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST OF TERRA LINDA ATHLETIC ASSOCIATION - FILE 12 - After a staff report by Director of Public Works Caillouette, motion by Councilman Nixon, second by Councilman Jensen, to refer this matter to the Parks and Recreation Commission, and request a report b ack from them by the January 6, 1975 meeting. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BICENTENNIAL COMMISSION APPOINTMENT - FILE 9-2-23 Following brief discussion, motion by Councilman Nixon, second by Councilman Jensen, to appoint Margaret Woodring as representative to the Bicentennial Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PARKING METER HOLIDAY - FILE 11-8 Mayor Bettini recommended extending a special two hours of free parking at the parking meters for San Rafael shoppers during the Christmas holidays, December 18 to 28, inclusive. Police Chief Kelly ex- plained this limit could be enforced by having the meter maids mark the tires. Motion by Councilman Miskimen, second by Councilman Mulryan to approve the two-hour free parking at parking meters from December 18 to 28 inclusive. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The City Council adjourned to December 19, 1974 at 7:30 p.m. MARION A. GRADY, City Clem APPROVED THIS DAY OFQa-%ea&� 19 7 MAYOR OF THE CIT OF SAN RAFAEL 174 In Room 301 of the City Hall, City of San Rafael, Thursday, December 19, 1974, at 7:30 O'Clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent; Jack G. Nixon, Councilman RE: PROPOSED EAST SAN RAFAEL ASSESSMENT DISTRICT NO. 2 - FILE 6-29 Mayor Bettini excused himself from the meeting because of a conflict of interests. Acting Mayor Miskimen presided. Acting Mayor Miskimen and Director of Public Works Caillouette explained that the City had been suc- cesful in obtaining the long-awaited permits from the Corps of Engineers, but the low bidder, in the meantime, had notified the City that he could no longer accept the bid if offered the job. The 90 - day period had expired and after reviewing the costs and subcontracts, Mr. DiGiorgio said he would not be able to accept the bid if it were awarded to him. Following discussion, a motion was made by Councilman Mulryan, seconded by Councilman Jensen, to pass a resolution rejecting all previous construction bids and directing for readvertisement. RESOLUTION NO. 4901 - RESOLUTION REJECTING ALL CONSTRUCTION BIDS AND DIRECTING READVERTISEMENT FOR CONSTRUCTION BIDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini Council requested staff to initiate a notice inviting sealed bids which whould be filed by January 20, 1975. It was also discussed that an extension of time for a permit from BCDC will have to be requested. RE: DEMOLITION PERMIT - 820 MISSION AVENUE - FILE 3-3-21 Mayor Bettini returned to the room and presided. Councilman Nixon arrived. City Manager Bielser reported that a three -party request had been received by the Council from Mr. Mario Ghilotti, the Demoliton Contractor, Mr. Carlos Freitas, Attorney for the Estate, and Mr. Hans Zeevat, Attorney of Wells Fargo Bank, trustee of all. They asked the Council to reconsider the ac- tion taken at the last meeting and issue a demolition permit immediately. Mr. Jack Coates, of the Building Department, supplemented his written report regarding the condition of the house upon his inspection, with further comments. Mrs. Mary Dekker said she had desired more time than had been allowed for Marin Heritate to have an expert in historic restoration inspect the house. She and Mr. Milton Chambers had gone through the building and prepared an architectural analysis, which she presented to the Council. Moved by Councilman Nixon, second by Councilman Jensen to approve a demolition permit. After further discussion, the motion was tabled and the Council continued this matter until later in the evening and adjourned to act as a Redevelopment Agency. The Council reconvened at 11:00 P.M. and City Manager Bielser announced that an agreement had been reached between the representatives of the Sheehy estate and Marin Heritage. Councilman Nixon offered a substitute motion, seconded by Councilman Jensen and unanimously carried to issue a demolition permit subject to the terms of the agreement. MARION A. GRADY City Clerk APPROVED THIS Za " DAY OF 19 MAYOR OF THE CITY 0 SAN RAFAEL 175 In Room 201 of the City Hall of the City of San Rafael, Monday, January 6, 1975 at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman The Council met in Executive Session to discuss: 1. Interview of Parks and Recreation Commission applicant. 2. Discussion of property acquistion. 3. Litigation. No action was taken. MARION A. GRADY, City Clerk I---- _ APPROVED THIS 2U DAY OF �/a'� � u 19 75 cf�`I.GG� MAYOR OF THE CIT OF SAN RAFAEL 176 In the Council Chambers of the City of San Rafael, Monday, January 6, 1975 at 8:30 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: REPORT ON EXECUTIVE SESSION Mayor Bettini reported that the Council met in executive session at 7:30 P.M. to discuss various items and no action was taken. RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the re- commended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes - Regular Meeting of December 16, 1974 Approve as furnished to each Council and Adjourned Regular Meeting of December 19, 1974. member. Letter from Board of Supervisors re Unincorporated Area Fire Recommend First Response Fire Protection Protection. be extended 30 days beyand January 6, 1975. RE: PARKS AND RECREATION COMMISSION APPOINTMENT - FILE 9-2-4 Following brief discussion, motion by Councilman Mulryan, second by Councilman Miskimen to appoint Lou Anna Goodale to the Parks and Recreation Commission. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION's DENIAL FOR USE PERMIT (UP74-85 OFFICE BUILDING, 1016 IRWIN STREET, ROBERT BERGIN, OWNER: JEFFORY MORSHEAD, REP.) - FILE 10-5 Mayor Bettini excused himself from the meeting because of a conflict of interests. Acting Mayor Miskimen presided over the meeting and opened the public hearing. 1 Planning Director Hotchner presented the staff report. Councilman Nixon felt the issues discussed in the letter of appeal warranted referring the matter back to the Planning Commission for reconsidera- tion. Attorney Albert Bianchi, representing the appellant, stated this action would be agreeable with them and would allow more adequate time for the applicant to prepare a complete report and plans to ac- company his request for a use permit. Acting Mayor Miskimen declared the hearing closed. Motion by Councilman Jensen, second by Councilman Nixon, to remove this item from the agenda and re- fer it back to the Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: FINAL ADOPTION - ORDINANCE NO. 1178 - WEIGHT LIMITS - FILE 11-5.1 Mayor Bettini returned to the Council Chambers and presided over the meeting. CHARTER ORDINANCE NO. 1178 - An ordinance of the City of San Rafael amending Title 5, Chapter 5. 52, by adding thereto Section 5.52.021 which restricts the Weight Limit of Vehicles on Certain Streets, and numbering Charter Ordinance No. 1178, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT - FILE 6-30 City Manager Bielser presented a staff report recommending adoption of a resolution abandoning the Santa Margarita Open Space Assessment District and that the City continue to cooperate with the County of Marin on a basin -wide open space program in Terra Linda. Mayor Bettini invited persons from the audience to speak on this issue if they so desired. Persons speaking in favor of abandoning the district and proceeding with the plan proposed by Super- visor Bob Roumiguiere, were Mr. Robert Kelley, Mr. Coleman Sellers, Mr. Torben Strandgaard, Mr. Edward Bott, Mr. Gene Dyer, Mrs. Donna Schweiter, Mr. Norman Gurin, and Mr. Gary Gassaway. Mr. Peter Schmid opposed the abandonment of the District and had the City Clerk read into the record 177 a portion of a memorandum dated November 29, 1973 to the Mayor and Council from City Manager Bielser. Other speakers in opposition to the abandonment were Mrs. Joan Fox and Mrs. Ellen Baldwin, who felt the City had made a commitment to the homeowners regarding the district, and thought abandoning the district would be premature. Mr. Walter Jorgenson, President of the Santa Margarita Homeowner's Association, read a resolution adopted by that group which recommended placing a moratorium on the Assessment District until it could be decided whether the Roumiguiere proposal may be unworkable, and in the event an assessment district were required, the original Santa Margarita Open Space Assessment District should be modi- fied and revalidated, as necessary. Mr. Tony Williams asked the Council to make a definite decision to either abandon or go forward with the assessment district. Mrs. Charlotte Schmid presented her views and had the City Clerk read a letter with petitions from Marion Cedarblade, urging the Council to continue the district in an in- active status. A motion was made by Councilman Jensen to adopt the resolution as proposed by the City Staff. This motion died for lack of a second. Following further Council discussion and some comments by Mr. Edwin Ness, motion by Councilman Miskimen, second by Councilman Mulryan, to adopt the resolution prepared by the City Staff with some modification of the wording. RESOLUTION NO. 4903 - RESOLUTION DISCONTINUING PROCEEDINGS FOR THE FORMATION OF SANTA MARGARITA OPEN SPACE ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Motion by Councilman Mulryan, second by Councilman Jensen, that the City endorse the concepts in the proposal outlined by Supervisor Bob Roumiguiere in a letter dated December 20, 1974, and participate by appointing a member of the City Council to work on a committee for a solution to open space on a valley -wide basis. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Following a ten-minute recess, the Council appointed Councilman Miskimen to work on the above-men- tioned committee and Councilman Mulryan was appointed as his alternate. RE: GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT RADIO TRANSMISSION TOWER: REPORT AND RECOMMENDATION FROM PLANNING COMMISSION - FILE 112-2 Planning Director Hotchner presented a brief report regarding Planning Commission action, recommend- ing that the tower as proposed be allowed subject to it being painted a background color acceptable to the City staff and subject to reconsideration in no more than two years time, to discuss the possibility of another location or more permanent treatment of the facility to screen and hide it. Mr. Angelo Turrini stated from the audience that the Tri -Tower facilities are available for use. Motion by Councilman Jensen, second by Councilman Nixon to accept the recommendations from the Plann- ing Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Miskimen expressed appreciation to the Golden Gate Bridge and Highway District representa- tives who were present at this meeting for the prompt response to a request for additional buses for Marin commuters in evenings, which started today. Staff was asked to prepare a letter to the Bridge „�. District thanking them for this additional service. RE: RECOMMENDATION OF PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION RE HISTORICAL PRESER- VATION ORDINANCE - FILE 13-14-2 City Manager Bielser presented a staff report with recommendations from the Planning and Parks and Recreation Commissions, and suggested that prior to final action on this matter, it be referred to the City staff for review and recommendations. Mrs. Mary Dekker of Marin Heritage urged the Council to move forward with the ordinance rather than delay. Following discussion, the Council agreed to send this item back to the City staff for further study and a report back as soon as possible. RE: COMMUNITY DEVELOPMENT ACT PROGRAM 1974 - FILE 4-13-38 ? /I Following a staff report by City Manager Bielser, the Council appointed Councilman Nixon to serve as a representative on the Priority -Setting Committee and Councilman Jensen as his alternate. 178 Motion by Councilman Mulryan, second by Councilman Miskimen, to set a public hearing for January 20, 1975 regarding the Housing and Community Development Act. RE: RECOMMENDATION OF PARKS AND RECREATION COMMISSION RE -CULTURAL ARTS COMMISSION - FILE 9-2-4 x 1 13-14-2 City Manager Bielser reported that the Parks and Recreation Commission recommended approval of for- mation of a Cultural Arts Commission along the lines recommended in the resolution provided to the Council with a minor revision with reference to historical preservation activities because the com- mission wasn't sure what the Council planned to do about amalgamating the Historical Preservation Commission and Cultural Arts Commission. The Commission also recommended that a merger of the Parks and Recreation Commission with the Cultural Arts Commission be reconsidered after a period of one year. The Council decided to continue this item for two weeks to a month for presentation of a more con- solidated package. RE: RECOMMENDATION OF PARKS AND RECREATION COMMISSION RE.GIFT OF LASER SAILBOATS - FILE 9-2-4 x 105 City Manager Bielser presented the Parks and Recreation Commission report recommending that the City Council accept the donation of two Laser Sailboats offered by Mr. William Kreysler, Vice -President of Performance Sailcraft Corporation. Following discussion, motion by Councilman Miskimen, second by Councilman Mulryan, to direct staff to send a letter of appreciation to Mr. Kreysler of Performance Sailcraft Corporation for the gift of the two sailboats. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RECOMMENDATION OF PARKS AND RECREATION COMMISSION RE. SCHOOL PLAYING FIELDS MAINTENANCE - FILE 12-5 x 12-15 Director of Parks and Recreation Snyder reported that the Parks and Recreation Commission had met at a special meeting to discuss maintenance of school district playing fields and recommended that the City cooperate with the school districts to assist in maintenance of recreational facilities. After a great deal of discussion regarding this matter, the Council decided to refer it back to the Parks and Recreation Commission for further study and recommendations. RE: REPORT ON PRELIMINARY 911 TELEPHONE PLAN - FILE 121 A staff report was given by City Manager Bielser recommending approval of the proposed 911 preliminary plan with some conditions noted. Motion by Councilman Mulryan, second by Councilman Nixon, to accept the recommendations and presenta- tion of the staff. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None NON -AGENDA ITEM - RE: DEMOLITION PERMIT - 820 MISSION AVENUE - FILE 3-3-21 A gentleman from the audience introducing himself as Mr. Tim Temple of 3 Jessup Street, addressed the Council expressing a desire for more time to study the situation of the Sheehy House since he was one of a group of individuals interested in purchasing the property and/or house. City Manager Bielser explained that the agreement relative to issuance of a demolition permit has been fulfilled and no request from the Council had been received requesting reconsideration of the matter. The Council discussed the matter and agreed that it was out of their hands at this point. RE: PROPOSAL OF MARIN SANITARY - RECYCLING PROGRAM - FILE 4-3-32 Mr. Albert Bianchi, speaking as attorney for the Marin Sanitary Service, described the proposal of the company to place debris boxes in various locations around the City for a reclamation and recycling program. Motion by Councilman Mulryan, second by Councilman Jensen, to accept the proposal by the Marin Sani- tary Service. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSTENTIONS: COUNCILMEN: Nixon ABSENT: COUNCILMEN: None RE: BELLAM BOULEVARD - PROPOSED JOINT PROJECT WITH STATE OF CALIFORNIA - FILE 11-15.1 Director of Public Works Caillouette reported on the project and said a status report on a joint agreement with the state and estimate of costs will be presented to the Council in the near future. The Council accepted the report as presented. RE: MARIN MUNICIPAL WATER DISTRICT TO INSTALL CATHODIC PROTECTION AT CITY CORPORATION YARD - FILE 12-4 Director of Public Works Caillouette described a request from the Marin Municipal Water District and presented the staff recommendations. Following Council discussion, motion by Councilman Nixon, second by Councilman Miskimen, to approve the staff recommendations. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None lRE: AGREEMENT FOR MAINTENANCE OF SOUTH LEVEE - SAN RAFAEL CAYES - FILE 6-1c The Counci had received a written staff report recommending adoption of a resolution authorizing ex- ecution of an agreement for maintenance of the South Levee with San Rafael Cayes. A motion was made by Councilman Mulryan, and seconded by Councilman Jensen to adopt the Resolution. RESOLUTION NO. 4904 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ACCEPTANCE OF TWO GRANTS OF EASEMENT FOR MAINTENANCE OF SANITARY SEWER - WOLFE AVENUE - FILE 2- A written staff report had been received by the Council, recommending adoption of two resolutions accepting grants of sewer easement, one executed by Mr. and Mrs. R. E. Armington and one executed by Mr. and Mrs. Walter M. Lack. RESOLUTION NO. 4905 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 4906 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-213 RESOLUTION NO. 4907 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ,ABSENT: COUNCILMEN: None RE: REQUEST FOR SETTING OF DATE FOR MID -YEAR FINANCIAL REPORT -FILE 8 - In discussing this matter, the Council decided to ask that the Mid -year Financial Report be prepared by Staff and given to them in written form, and if they have any questions, they will ask that it be put on the agenda for a future meeting after they have had an opportunity to review the report. RE: REPORT ON TITLE VI - COMPREHENSIVE TRAINING AND EMPLOYMENT ACT - FILE 7-5 x 107 City Manager Bielser presented a staff report on Title VI and the City's participation in the program thus far. Eight authorized positions were granted to the City of San Rafael. RE: REPORT ON INSURANCE AUDIT PROPOSALS - FILE 9-6-3 The Council had received a staff report describing the proposals for the City's Risk Management Pro- gram Audit. Notion by Councilman Mulryan, second by Councilman Miskimen, to authorize an audit to be done by Mund, McLaurin and Company for a fee of $1,000. If they refurse to do it for that amount offered, the staff is requested to investigate other proposals. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: GENERAL PLAN IMPLEMENTATION SCHEDULE - FILE 11 The Council decided to continue this item for two weeks to allow additional time to study the material. RE: GRAND AVENUE TREE TRIMMING PROJECT - FILE 11-6 Director of PUblic Works Caillouette reported that in addition to the bid from Atlas Tree Service, a bid had been received from Morrison Tree Experts to do the same work for $1,510, and the staff recom- mended acceptance of this bid. Motion by Councilman Jensen, second by Councilman Nixon, to accept the bid from the Morrison Tree Ex- perts to trim the trees on Hubbell Court. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: POLICE/FIRE BOAT - FILE 4-2-106 City Manager Bielser explained that rather than being able to neogotiate a price, the City is looking for a boat tailored to what the needs are; and when one is found to fit the needs, quotes will be ob- tained and a purchase negotiated in that way. RESOLUTION NO. 4908 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL REJECTING BIDS FOR A POLICE/FIRE BOAT AND AUTHORIZING THE PURCHASE ON THE OPEN MARKET. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COUNCIL MEETING RESCHEDULING - FILE 11-22 City Manager Bielser pointed out that the second meeting in February falls on a holiday (February l7th). The Council decided to have the Council Meeting on Monday, February 24, instead of the 17th. RE: TAPING OF CANDIDATES NIGHTS FOR CABLE TV - FILE 9-4 Councilman Miskimen reported that the cable company in San Rafael has offered to tape some of the can- didates' nights events and show them on cable TV on different evenings without charge. Following discussion, a motion was made by Councilman Miskimen, second by Councilman Nixon, to allow Marin Video to tape the election events as proposed. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: LETTER OF SYMPATHY FROM THE COUNCIL --File 1-4 Motion by Councilman Nixon, second by Councilman Jensen, to direct staff to prepare a letter to be sent to Police Officer Riordan and his family from the Mayor and Council extending their sympathy in the recent loss of their son Timothy. Motion carried unanimously. The City Council adjourned to the next regularly scheduled meeting to be held on January 20, 1975. MARION A. GRADY, City Clerk,,/- APPROVED lerk," APPROVED TH I S?6)� DAY OF 1 9 7 5 MAYOR OF THE CITY SAN RAFAEL 181 In the Council Chambers of the City of San Rafael, Monday, January 20, 1975, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman RE: CONSENT CALENDAR Motion by Councilman Mulryan, second by Councilman Miskimen and unanimously carried, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes - Regular Meeting of January 6, 1975 Approve as furnished to each Council member. Claim for Damages - William Corredor, a minor. File Deny and refer to the City's insurance 3-1-137, carrier. RE: PUBLIC HEARING - EXTENSION OF URGENCY ORDINANCE NO. 1172 FREESTANDING AND OVERHANGING SIGNS - FILE 125 Mayor Bettini opened the public hearing. The Council had been given copies of the staff report and Planni-g Commission recommendations. There were no comments from the audience, so the mayor declared the public hearing closed. An ordinance of the City of San Rafael extending Urgency Ordinance #1172, prohibiting freestanding and overhanging signs in the area encompassed by the Redevelopment Area, and numbering Charter Ordi- nance No. 1179, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - RATE INCREASE - TELE VUE SYSTEMS, INC. - FILE 9-7 Mayor Bettini declared the public hearing open. Mr. Bill Osterhaus, representing the San Rafael Citizens' Advisory Committee on Cable Television, pre- sented the recommendations of that committee. Mr. Carl Pilnick, President of Telecommunications Management Corporation, summarized the report of the survey and analysis performed by that corporation as consultants. Mr. John Goddard, President of Tele Vue Systems, Inc., spoke to the Council regarding incorporation of the features detailed in the study report. Members of the audience who asked questions and expressed opinions included Robert Kelley, Karl Hoppe, John Starkweather, and Jack Olive. Following discussion of various concerns of the Council and an expression of appreciation to the Citizens' Advisory Committee for their work, it was decided that the public hearing shall be con- tinued for two weeks, to the regular meeting on February 3, 1975• Motion by Councilman Nixon, second by Councilman Mulryan, to accept the report as submitted. 'AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL FOR USE PERMIT (UP 74-9o) PENNY ARCADE, 857 FOURTH STREET, ZANDER ENTERPRISES, OWNER; JOHN HUNEKE, REP. - FILE 10-5 The public hearing was declared open by Mayor Bettini. A staff report was presented by Planning Director Hotchner. The Council had been furnished copies of the planning staff report, Planning Commission minutes, letter of appeal, and letters supporting and opposing the proposed use. Judge Samuel Gardiner, representing Mr. John Huneke, submitted letters from Police Chief Kelly and Referee of the Juvenile Court, Jack L. Blaine. He also presented the Council with a petition signed by 21 neighbors of the intended operation, who were in favor of granting the use permit. iMr.Richard Gordon and Mr. Karl Hoppe spoke in favor of granting the appeal. Persons speaking in opposition to the proposed use were Mr. Herman Deitch, Mr. Sylvio Ruffino, Mr. Ernest C. Kroll, and Mr. Sol Smith. Mayor Bettini declared the public hearing closed. Following Council discussion, motion by Councilman Jensen, second by Councilman Miskimen, to deny the appeal. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 182 RE: PUBLIC HEARING - APPEAL OF APPROVAL TO REOPEN SERVICE STATION (UP 74- GWENDOLYN PETERSON, OWNER: PETER C. VAN ALYEA, REP. - FILE 10-5 1011 LINCOLN AVENUE, Mayor Bettini declared the public hearing open and the Council received a staff report from Planning Director Hotchner. Mr. Hotchner had met with the applicant, Mr. Peter Van Alyea, and Mr. Van Alyea had agreed to comply with all of the planning staff's and Planning Commission's requirements and con- ditions regarding the reopening of the service station. The Council had received copies of numerous letters supporting the Planning Commission's decision. The appellant, Mr. Donn Nissen, addressed the Council and said he would withdraw his appeal since the use permit as modified by the additional conditions presented at this meeting and agreed to by the applicant, was as reasonable compromise. The mayor declared the public hearing closed. Motion by Councilman Jensen, second by Councilman Mulryan, to deny the appeal and approve reissuance of the use permit subject to the additional requirements outlined by the planning staff and agreed to by the lessee, plus the original conditions set by the Planning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - COMMUNITY DEVELOPMENT ACT 1974 - FILE 4-13-38 X Mayor Bettini opened the public hearing. A staff report was given by City Manager Bielser, recommend- ing project proposals for funding under Title I of the Housing and Community Development Act. Mr. Cliff Elbing, Mr. Ray Swanson, and Mr. James Mahoney each spoke with concern about the lack of time for public input when this list of project proposals was made, and the possibility of an extension of time for consideration of other projects. Assistant City Manager Meador explained that the Priority Setting Committee will meet Thursday, January 23, to discuss the general criteria to be used in judging the project proposals, and again on January 30 to actually judge each project based on that established criteria. Mrs. Elaine Goldman, of the Bret Harte Homeowners' Association, pointed out that the Federal criteria for funding under Tile I is quite specific. She commended City Manager Bielser for the recommended project proposals and order of priorities. Mr. Dick Rodriques, Mr. Bruce Scott and Mr. Dick Lee also expressed the opinion that the staff should be commended for their work in establishing the list of project proposals in the short time allowed, and approved of the projects listed. Mayor Bettini declared the public hearing on this item closed. Motion by Councilman Mulryan, second by Councilman Nixon to approve the projects as listed in the staff report. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONTINUATION OF APPEAL ED74-1g(b) METAL BUILDING, 25 DODIE STREET - FILE 10-5 Mayor Bettini re -opened the public hearing and the Council received a report from Planning Director Hotchner recommending approval of the revised building design, subject to conditions set by the Plann- ing Commission. Since there were no speakers from the audience, the public hearing was closed. Motion by Councilman Mulryan, second by Councilman Miskimen to sustain the recommendation of the Plan- ning Commission. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BIDS FOR COMMUNITY RECREATION CENTER - FILE 4-3-57 x 4-1-234 City Manager Bielser presented a staff report recommending approval of the Community Recreation Cen- ter project and recommended awarding a contract to Francis Construction Company as low bidder. The architect, Harold Wagstaff, was present and responded to questions during Council discussion. The Council agreed to approve the project as recommended. Motion by Councilman Mulryan, second by Councilman Nixon, to adopt a resolution authorizing the Mayor and City Clerk to sign a contract awarding the base bid and alternates 1 and 2, but withholding on alternate 3 until further negotia- tion with the contractor and a report back by staff. RESOLUTION NO. 4909 - RESOLUTION OF AWARD OF CONTRACT. AYES COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 183 RE:� EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - FILE 6-29 1 Mayor Bettini and Councilman Nixon excused themselves from the Council Chambers during this agenda 1 ,item because of a possible conflict of interests. Vice Mayor Miskimen presided. A staff report was presented by Director of Public Works Caillouette. He reported bids had been re- ceived from ten contractors, the low bid being from Valentine Corporation. Mr. Edwin N. Ness was present to discuss the project with the Council. During discussion regarding when to invite bids for purchase of bonds, Councilman Mulryan pointed out he might not be present at the February 3 meeting, which would prevent a quorum. The Council decided to adopt the recommended resolution and direct staff to insert either the date of February 3 or February 24, once a determina- tion is made about the necessity of a quorum in such a matter. RESOLUTION NO. 4910 - RESOLUTION FIXING DATE OF BONDS AND DIRECTING PUBLICATION OF OFFICIAL NOTICE INVITING BIDS FOR PURCHASE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: REPORT ON LIBRARY BOARD APPLICATIONS - FILE 9-2-3 Mayor Bettini and Councilman Nixon returned to the Council Chambers and Mayor BEttini presided. A staff report was given by City Manager Bielser. Following discussion, Council agreed to extend the period for accepting applications for the Library Board for two weeks, at which time a date will be decided upon for interviewing applicants. RE: GENERAL PLAN IMPLEMENTATION SCHEDULE - FILE 115 Planning Director Hotchner gave the staff report, recommending two changes in the schedule presented to the Council. Under "General Plan", he recommended adding an item numbered "21. Housing Imple- mentation." Under the "Zoning" segment, he recommended changing the dates for work on the item numbered "2. Add Neighborhood Plan", to begin July of 1975, through to adoption in December of 1975. Motion by Councilman Mulryan, second by Councilman Miskimen, to accept the General Plan Implementa- tion Schedule as submitted, with the two recommended modifications. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CORTE MESA, A CONDOMINIUM SUBDIVISION - REQUEST FOR EXTENSION OF TIME - FILE 5-1-219 Public Works Director Caillouette recommended that a resolution be adopted extending the time for completion of work to February 3, 1975• RESOLUTION NO. 4911 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: STAFF REPORT - CITY TELEPHONE SYSTEM - FILE 121 A staff report was presented by Assistant City Manager Meador. Following Council discussion, motion by Councilman Mulryan, second by Councilman Miskimen, to refer the matter back to staff for more detailed inquiries from PTT, leading to presentation of a compre- hensive proposal and recommendations for a possible consulting firm. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ACCEPTANCE OF GRANT OF EASEMENT FOR MAINTENANCE OF SANITARY SEWER AND STORM DRAIN - LOT 131 - RAFAEL RACQUET CLUB ESTATES UNIT FOUR - FILE 5-1-160 RESOLUTION NO. 4912 - RESOLUTION ACCEPTING GRANT OF SANITARY SEWER AND STORM DRAIN EASEMENT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FOR SEISMOGRAPHIC STATION - HARRY A. BARBIER MEMORIAL PARK - FILE 2-1-39 A staff report had been received from Public Works Director Caillouette. Motion by Councilman Mulryan, second by Councilman Jensen, to grant permission to the Harding -Lawson Associates to install and operate a Seismographic Station at Barbier Park, subject to a Hold Harmless agreement with the firm. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 184 RE: TAX EQUITY COMMITTEE RECOMMENDATION FOR COUNTY SERVICE AREA - FILE 9-12 City Manager Bielser distributed copies of correspondence from Jean S. Barnard, Chairperson of the Tax Equity Committee, in which the Council was asked to be prepared to comment on the material at the meeting on January 29th of the Mayors and City Councilmen. As representative to the Tax Equity Committee, Councilman Miskimen biriefly summarized what the com- mittee was recommending. The Council decided to study the material from the committee more thoroughly and caucus at 6:30 p.m. Thursday, January 29, prior to the meeting of the Mayors and City Councilmen in Tiburon. RE: PRIORITY SETTING COMMITTEE MEETING FOR COMMUNITY DEVELOPMENT ACT - FILE 4-13-38 X l City Manager Bielser reported that the Council's representative to the Priority Setting Committee, Councilman Nixon, and his alternate, Councilman Jensen, were both unable to attend the committee meeting scheduled for Thursday, January 23. The Council adjourned to Room 201 to meet in Executive Session for discussion of property acquisition. MARION A. GRADY, City Cleft APPROVED THIS ?/ DAY OF 19 755-. MAYOR OFTHEC ITY'0'F SAN -RAFAEL �� n the Council Chambers of the City of San Rafael, Monday, February 3, 1975, at 8:00 P.M. ,egular Meeting: ,E: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E. Mulryan, Councilman 185 layor Bettini recommended that the Public Hearing on the appeal in the ''Tentative Map of Oak Hill ,partments, A Condominium'', be set for March 17, 1975 as requested by the appellants. lotion by Councilman Jensen, second by Councilman Miskimen, and unanimously carried to approve the -ecommended action of the following Consent Calendar items as amended: Item Approval of Minutes - Regular Meeting of January 20, 1975. Appeal - Tentative Map of Oak Hill Apartments. Approved as furnished to each Council member. Set Public Hearing for March 17, 1975• . PUBLIC HEARING - RATE INCREASE - TELE VUE SYSTEMS, INC. - FILE yor Bettini opened the continued public hearing for discussion. rA Mr. Carl Pilnick, President, Telecommunications Management Corp., described the FCC requirements and regulations with regard to the proposed expanded service to the community. The cost and rates pro- posed were established solely for San Rafael, but if other cities elected to share the channels, the figures would have to be adjusted at time of their participations. Mr. Pilnick also pointed out the IFCC had suggested the 15 year standard franchise, and he rendered the length of time equitable. Mr. Walter Jorgensen, representing Santa Margarita Homeowners Association endorsed Tele-Vue's goal of I centrally located broadcasting studio and microwave system. Ms. Patricia A. Trosclair, 160 Bungalow, asked Council if they had read the letter she submitted to them encouraging the rate increase since she feels the many advantages of the expanded program justify the cost increase. Mr. William Osterhas, representing the Citizens Advisory Committee re-emphasized the Committee's desire to have Council recognize, as they did, that both level 1 and Level V1 proposals and increases be af- firmatively approved. With reference to the question posed by Mayor Bettini as to the length of the franchise agreement, Mr. Osterhaus indicated that it is purely a matter of capital investment - a relationship is desired that ould be both beneficial to the City and yet would not cause a hardship to the operator. Ronald Coelyn, Chairman of Citizens Advisory Committee on Cable Television reiterated the premise of the Committee that progressive communications are vitally important to a community such as San Rafael, and their recommendations thus sancition the resolution for the revision in rates with respect to the Level I and Level VI service. On behalf of the City Council the Mayor thanked him for his comments and extended appreciation for the ommittee's endeavors the past eight months. Neil Mc Hugh, Member CATV Citizens Advisory Committee imparted the specific data on the bulk rates charged to apartment owners and factors relating to the specific contractual agreement with the in- dividual owner. After extensive discussion, Councilman Nixon moved that Council adopt the full resolution as submitted 7(including Level I and Level VI) - but there was no second. Mr. Joseph Sheeks, representing the applicant Tele-Vue, suggested the alternative of adopting the Level rates as set forth in the resolution and deferring consideration of the next step for six weeks while they work out with the staff what the Level VI service and rates out to be. or Bettini declared the hearing closed. With regard to the re -negotiation of the franchise agreement, the Council concluded to take the matter p in six weeks. Councilman Miskimen moved and seconded by Councilman Nixon to approve the rates for Level I services ef- fective immediately. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan 186 RE: FINAL ADOPTION - ORDINANCE NO. 1179 - EXTENSION OF URGENCY ORDINANCE NO. 1172 FREESTANDING AND OVERHANGING SIGNS - FILE 125 CHARTER ORDINANCE NO. 1179 - An ordinance of the City of San Rafael extending urgency ordinance No. 1172, prohibiting freestanding and overhanging signs in the area encompassed by the redevelopment area, was passed and 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 RE: REPORT ON LIBRARY BOARD APPLICATIONS - FILE 9-2-3 Consideration of candidates to Library Board to be held on February 24, 1974 at 7:00 P.M. The Five applicants requested to be present for interview by Council members for the two vacant positions. RE: SUGGESTION FOR POET LAUREATE - FILE 148 Ms. Victoria Dannis, 1450 Lincoln Avenue, proposed that the Council bestow the honorary title to R. Jeremy Dwyer, local artist, poet and philosopher. The Council decided that other residents should be given the opportunity to apply for this position. Applications are to be accepted within the next 30 days, and the matter will be placed on the agenda at that time. RE: LIBRARY BOOKMOBILE SERVICE - FILE 4-13-39 Mr. Jim Mayer, member of the Library Board of Trustees, reported on a proposed extension of Bookmobile service. Marin County has agreed to pay half the cost for the service scheduled at the Netherton Bus Stop. The Library Board is looking further into the trial schedule for the Canal Area, with hours slated for early evening. Since the service is considered a ''fringe item'', Council agreed any addi- tional services shall have to be scrutinized at budget time. Motion by Councilman Nixon, seconded by Councilman Miskimen to implement the service at the Netherton Bus Stop effective March 1, 1975. RESOLUTION NO. 4919 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN AGREEMENT (COUNTY OF MARIN) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REQUEST OF MARIN COUNTY RE DOLLAR ESTATE - FILE 2-1-49 Assistant City Manager Meador presented the staff report explaining that Marin County wishes to have a portion of the Dollar Estate grounds remain in open space in return for the $25,000 contribution they made to purchase the property. Council felt they needed more information regarding the amount and location of the land involved and referred this item back to Staff for follow-up before a final decision is made. RE: SIGN ENFORCEMENT - PROGRESS REPORT - FILE 125 x 10-11 Mr. Hotchner, Planning Director, provided his staff report, noting that Dominic's Restaurant had failed to comply with the conditions of a variance approval. Following discussion, motion by Nixon and seconded by Miskimen that this item be referred back to Planning Commission for Public Hearing. RE: AUTHORIZATION TO TREASURER TO WAIVE SECURITY FOR THAT PORTION OF DEPOSITS INSURED PURSUANT TO FEDERAL LAW - FILE 8-1 Mr. John Averett, Finance Director/Treasurer described the details for the proposed waiver resolution. Mr. Miskimen moved, seconded by Mr. Nixon, that the resolution be adopted as presented. RESOLUTION NO. 4914 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY TREASURER TO WAIVE SECURITY ON TIME AND SAVINGS DEPOSITS IN BANKS AS THEY ARE INSURED PURSUANT TO FEDERAL LAW. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: Mulryan RE: CONSTRUCTION OF SIDEWALK ADJACENT TO GALLINAS CREEK - PROJECT NO. 9314-74.199.21 - FILE 4-1-229 Motion by Councilman Jensen, second by Councilman Miskimen to approve Maher Construction Company low bid of $7,971.75. RESOLUTION NO. 4915 - RESOLUTION OF AWARD OF CONTRACT ( Maher Construction Company) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: Mulryan 187 RE: PROPOSED PROJECT APPROVAL - STATE OF CALIFORNIA - NORTHERLY EXTENSION OF THE TAMALPAIS AVENUE FRONTAGE ROAD FROM LAS GALLINAS AVENUE TO 3-R SCHOOL - FILE 11-15-1 Director of Public Works, Ely Caillouette, Jr., reported on the State Department of Transportation's proposal to construct a frontage road and relinquish same to City upon completion. He suggested that' the two properties which front on the proposed roadway and are in the County be required to annex to the City. Council continued the matter for 30 days and requested the Planning staff to report on the type of buildings being constructed on these properties. RE: NORTHGATE EAST DEVELOPMENT - PHASE 1 - REQUEST FOR EXTENSION OF TIME - FILE 5-1-220 RESOLUTION NO. 4917 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO MARCH 3, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan Council agreed if work has not been finalized by March 3, 1975 the Department of Public Works be authorized to notify the Bonding Company to complete the remaining work. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CORTE MESA, A CONDOMINIUM SUBDIVISION - REQUEST FOR EXTENSION OF TIME - FILE 5-1-219 RESOLUTION N0. 4918 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO FEBRUARY 24, 1975. iAYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-213 Councilman Nixon moved and Mr. Miskimen seconded to accept the recommendation of the Director of Pub- lic Works that this be the final extension accorded the developer of the project. If work has not been completed by February 24, 1975, the Department of Public Works be authorized to notify the Bond- ing Company to conclude the work. RESOLUTION NO. 4916 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO FEBRUARY 24, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: COMMUNITY RECREATION CENTER - REPORT ON ALTERNATE III - FILE 4-1-234 Assistant to the City Manager Meador clarified for the Council the Alternate III bid by Francis Con- struction. Council accepted, pursuant to the Agreement dated January 20, 1975 between the City and Francis Construction, Alternate III not to exceed $13,000. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON BIDS - POLICE MOTORCYCLES - FILE 4-2-112 Motion by Councilman Jensen, second by Councilman Nixon that the staff be authorized to purchase two motorcycles on open market since no bids were received. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The City Council adjourned to February 24, 1975. MARION A. GRADY, City Clerk APPROVED THIS, 7 DAY OF C 19 7.5 �el el, / J i MAYOR OF THE CITY OF SAN RE FAEL 1©8 In the Council Chambers of the City of San Ra-ael, Monday, February 3, 1975, at 8:00 P.M. Regular Meeting: RE: CONSENT CALENDAR Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Lawrence E Mulryan, Councilman Mayor Bettini recommended that the Public Hearing on the appeal in the ''Tentative Map of Oak Hill Apartments, A Condominium'', be set for March 17, 1975 as requested by the appellants. Motion by Councilman Jensen, second by Councilman Miskimen, and unanimously carried to approve the recommended action of the following Consent Calendar items as amended: Item Recommended Action Approval of Minutes - Regular meeting of January 20, 1975. Approved as furnished to each Council member. Appeal -Tentative Map of Oak Hill Apartments. Set Public Hearing for March 17, 1975• RE: PUBLIC HEARING - RATE INCREASE - TELEVUE SYSTEMS, INC. - FILE 9-7 Mayor Bettini opened the continued public hearing for discussion. Mr. Carl Pilnick - President, Telecommunications Management Corp., described the FCC requirements and regulations with regard to the proposed expanded service to the community. The cost and rates proposed were established solely for San Rafael, but if other cities elected to share the channels, the figures would have to be adjusted at time of their participations. Mr. Pilnick also pointed out the FCC had suggested the 15 year standard franchise, and he rendered the length of time equitable. Mr. Walter Jorgensen - Representing Santa Margarita Homeowners Association endorsed Tele-Vue's goal of a centrally -located broadcasting studio and mircowave system. Ms. Patricia A. Trosclair, 160 Bungalow, asked Council if they had read the letter she submitted to them encouraging the rate increase since she feels the many advantages of the expanded program justify the cost increase. Mr. William Osterhaus - representing the Citizens Advisory Committee re-emphasized the Committee's desire to have Council recognize, as they did, that both Level 1 and Levell V1 proposals and increases be affirmatively approved. Wity reference to the question posed by Mayor Bett[ni as to the length of the franchise agreement, Mr. Osterhaus indicated that it is purely a matter of capital investment - a relationship is desired that would be both beneficail to the City and yet would not cause a hardship to the operator. Ronald Coelyn - Chairman of Citizens Advisory Committee on Cable Television reiterated the premise of the Committee that progressive communications are vitally important to a community such as San Rafael, and their recommendations thus sanction the resolution for the revision in rates with respect to the Level 1 and Level V1 service. On behalf of the City Council the Mayor thanked him for his comments and extended appreciation for the Committee's endeavors the past eight months. Neil Mc Hugh - Member CATV Citizens Advisory Committee imparted the specific data on the bulk rates charged to apartment owners and factors relating to the specific contractural agreement with the in- dividual owner. After extensive discussion, Councilman Nixon moved that Council adopt the full resolution as submitted (including Level 1 and Level V1) - but there was no second. Mr. Joseph Sheeks, representing the applicant Tele-Vue, suggested the alternative of adopting the Level 1 rates as set forth in the resolution and deferring consideration of the next step for six weeks while they work out with the staff what the Level V1 service and rates ought to be. Mayor Bettini declared the hearing closed. With regard to the re -negotiation of the franchise agreement, the Council concluded to take the matter up in six weeks. Councilman Miskimen moved and seconded by Councilman Nixon to approve the rates for Level 1 services effective immediately. AYES: COUNCILMEN: Jensen, Miskimen, Nison and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: FINAL ADOPTION - ORDINANCE NO. 1179 - EXTENSION OF URGENCY ORDINANCE NO. 1172 FREESTANDING AND OVERHANGING SIGNS - FILE 125 CHARTER ORDINANCE NO. 1179 - An ordinance of the City of San Rafael extending urgency ordinance No. 1172, prohibiting freestanding and overhaning signs in the area encompassed by the redevelopment area, 189 was passed and 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 RE: REPORT ON LIBRARY BOARD APPLICATIONS - FILE 9-2-3 Consideration of candidates to Library Board to be held on February 24, 1975 at 7:00 P.M. The five applicants requested to be present for interview by Council members for the two vacant positions. RE: SUGGESTION FOR POET LAUREATE - FILE 148 Ms. Victoria Dannis, 1450 Lincoln Avenue, proposed that the Council bestow the honorary title to R. Jeremy Dwyer, local artist, poet and philosopher. The Council decided that other residents should be given the opportunity to apply for this position. Applications are to be accepted within the next 30 days, and the matter will be placed on the agenda at that time. RE: LIBRARY BOOKMOBILE SERVICE - FILE 4-13-39 Mr. Jim Mayer, member of the Library Board of Trustees, reported on a proposed extension of Bookmobile service. Marin County has agreed to pay half the cost for the service scheduled at the Hetherton Bus Stop. The Library Board is locking further into the trial schedule for the Canal Area, with hours slated for early evening. Since the service is considered a ''fringe item'', Council agreed any add- tional services shall have to be scrutinized at budget time. Motion by Councilman Nixon, seconded by Councilman Miskimen to implement the service at the Netherton Bus Stop effective March 1, 1975. RESOLUTION NO. 4919 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO SIGN AGREEMENT (County of Marin) RE: REQUEST OF MARIN COUNTY RE DOLLAR ESTATE - FILE 2-1-49 EAssistant City Manager Meador presented the staff report explaining that Marin County wishes to have a portion of the Dollar Estate grounds remain in open space in return for the $25,000 contribution they made to purchase the property. Council felt they needed more information regarding the amount and location of the land involved and referred this item back to Staff for follow-up before a final decision is made. RE: SIGN ENFORCEMENT - PROGRESS REPORT - FILE 125 x 10-11 jMr. Hotchner, Planning Director, provided his staff report, noting that Dominic's Restaurant had failed to comply with the conditions of a variance approval. Following discussion, motion by Nixon and seconded by Miskimen that this item be referred back to Planning Commission for Public Hearing. RE: AUTHORIZATION TO TREASURER TO WAIVE SECURITY FOR THAT PORTION OF DEPOSITS INSURED PURSUANT TO FEDERAL LAW - FILE 8-1 Mr. John Averett, Finance Director/Treasurer described the details for the proposed waiver resolution. Mr. Miskimen moved, seconded by Mr. Nixon, that the resolution be adopted as presented. RESOLUTION NO. 4914 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY TREASURER TO WAIVE SECURITY ON TIME AND SAVINGS DEPOSITS IN BANKS AS THEY ARE INSURED PURSUANT TO FEDERAL LAW. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CONSTRUCTION OF SIDEWALK ADJACENT TO GALLINAS CREEK - PROJECT NO. 9314-74.199.21 - FILE 4-1-229 Motion by Councilman Jensen, second by Councilman Miskimen to approve Maher Construction Company low bid of $7,971.75. RESOLUTION NO. 4915 - RESOLUTION OF AWARD OF CONTRACT (Maher Construction Company) AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: PROPOSED PROJECT APPROVAL - STATE OF CALIFORNIA - NORTHERLY EXTENSION OF THE TAMALPAIS AVENUE FRONTAGE ROAD FROM LAS GALLINAS AVENUE TO 3-R SCHOOL - FILE 11-15-1 Director of Public Works, Ely Caillouette, Jr., reported on the State Department of Transportation's proposal to construct a frontage road and relinquish same to City upon completion. He suggested that the two properties which fron on the proposed roadway and are in the County be required to annex to the City. 190 Council continued the matter fro 30 days and requested the Planning staff to report on the type of build- ings being constructed on these properties. RE: NORTHGATE EAST DEVELOPMENT - PHASE 1 - REQUEST FOR EXTENSION OF TIME - FILE 5-1-220 RESOLUTION NO. 4917 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO MARCH 3, 1975• Council agreed if work has not been finalized by March 3, 1975 the Department of Public Works be authorized to notify the Bonding Company to complete the remaining work. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: CORTE MESA, A CONDOMINIUM SUBDIVISION - REQUEST FOR EXTENSION OF TIME - FILE 5-1-219 RESOLUTION NO. 4918 -RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO FEBRUARY 24, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: GOLDEN GATE INDUSTRIAL PARK SUBDIVISION - EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - FILE 5-1-213 Councilman Nixon moved and Mr. Miskimen seconded to accept the recommendation of the Director of Public Works that this be the final extension accorded the developer of the project. If work has not been completed by February 24, 1975, the Department of Public Works be authorized to notify the Bonding Company to conclude the work. RESOLUTION NO. 4916 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK TO FEBRUARY 24, 1975. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: COMMUNITY RECREATION CENTER - REPORT ON ALTERNATE III - FILE 4-3-57 Assistant to the City Manager Meador clarified for the Council the Alternate III bid by Francis Con- struction. Council accepted, pursuant to the Agreement dated January 20, 1975 between the City and Francis Construction, Alternate III not to exceed $13,000. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RE: REPORT ON BIDS -POLICE MOTORCYCLES - FILE 4-2-112 Motion by Councilman Jensen, second by Councilman Nixon that the staff be authorized to purchase two motorcycles on open market since no bids were received. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan The City Council adjourned to February 24, 1975. J2 MARION A. GRADY, City Cle m APPROVED THIS ?V �' DAY OF 19 7.f' MAYOR OF THE CITY OF—SAN RAFAEL 191 In the Council Chambers of the City of San Rafael, Monday, February 24, 1975 at 8:25 P.M. ' Regular Meeting Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilmna Mayor Bettini apologized for the delay - Council had an Executive Session at 7:15 P.M. to interview lapplicants for the Library Board of Trustees. No final decisions were made on the appointments. RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Mulryan and unanimously carried to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of the Regular Meeting of February Approved as provided to each Council 3, 1975 Member Consideration of Expanded Role for Local Agency Forma- Recommend referral to Planning Commission tion Commission - File 149 and staff State of California, Department of Transportation, 1975 Recommend adoption Standard Specification - File 5-1 Due to a conflict of interest, Councilman Nixon excused himself from the meeting, and on motion by Councilman Jensen, and second by Councilman Mulryan, Council approved the Extension of the Rubbish Disposal Use Permit - 1515 Francisco Blvd., (UP 68-31(g), subject to the conditions recommended by the Planning Commission. File 10-5 x 13-2 RE: PUBLIC HEARING - REZONING (Z73-14) MARIN COVENANT CHRUCH/OFFICE COMPLEX, NORTH REDWOOD ROAD FROM "U" UNCLASSIFIED) DISTRICT TO PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONAL) DISTRICT. - FILE 10-3 Planning Director Hotchner presented to Council the many components of the material provided them, i.e.. the 200 pages of information relative to the Environmental Impact Report, zoning change and use permit. He suggested the applicant on the project make the initial presentation which includes a scale model of the proposed project and the report from the Caltrans Engineer on the interim interchange scheduled. Staff further recommended the public's comments and criticisms be postponed until such time as Council has digested and analyzed all related material. Mr. Ray Wise, Senior Transportation Engineer, State Department of Transportation, presented his orienta- tion, using maps to explain the changes proposed on the Lucas Valley Interchange and the effect on re� lated areas. His Department analyzed that all intersections would be operating under a stable traffic flow after the project is constructed. Mr. Corwin Mocine, author of the Environmental Impact Report, submitted some of the highlights. He stressed on the significant impact created by the proposed project with regard to the location and surrounding area and the benefits to be offered by the Church and the office facilities. Rev. Gary Copeland, Pastor of the Marin Covenant Church, gave a capsule history of the church in Marin County, pointing out that his congregation has used temporary facilities since July 1968 and they are patiently awaiting the final decision. It is the Church's pre -arranged schedule to take over the entire project for themselves, even though they initially plan on leasing the office complex. �Mr. Ed Kagi, landscape architect and senior principal for Sasaki Walker Associates, Inc. displayed the visual characteristics and impact of the 7-1/2 acres involved, with a 45 ... minute slide show. He em- phasized their desire to integrate the land architecturally and also noted that a portion of the hill lis owned by the State and, therefore, will not be developed by the Church/office complex. Since Rev. Copeland and Mr. Kagi will be unavailable at the next Regular Council meeting, the Hearing continued until March 17, 1975. RE: ADD INSURANCE COVERAGE FOR LIABILITY WHICH MAY ARISE FROM RIOTS OR CIVIL COMMOTION AND INCREASE THE EXCESS POLICY FROM $3,000,000 to $10,000,000 - FILE 9-6-1 Finance Director Averett presented the proposed changes in the insurance coverage with respect to coverage for liability which may arise from riot or civil commotion, along wiht the consideration in the increase of the City's excess coverage. Council decided to continue item until a complete review is made of all contracts by Mund, Mc Laurin & Co. RE: PRESENTATION OF MID -YEAR FINANCIAL REPORT - FILE 8-( Mr. John Averett, Finance Director, highlighted the financial affairs of the City in his comprehensive report. He summarized that the amalgamation of the collections for the first half of the fiscal year of $3,591.665, or 49% of the $7,317.892 forecasted, provides strong reinforcement, 'iin his opinion, that the revenue base used in developing the operating budget will be achieved. Council complimented Mr. Averett for his excellent review; no questions were posed. 192 RE: REQUEST OF TELE-VUE SYSTEMS, INC. FOR CLARIFICATION OF COUNCIL ACTION WITH RESPECT TO RATE IN- CREASES. TELE-VUE REPRESENTATIVES HAVE REQUESTED PRESENTATION TO CITY COUNCIL - FILE 9-7-4 Assistant to the City Manager Meador introduced the matter which was before the Council meeting of February 3, 1975. There was confusion as to what the exact rates that were raised in respect to Level 1 service. In this connection, Mr. Joe Sheeks, representing Tele-Vue asked for clarification of the Council's policy. After considerable discussion, Councilman Nixon moved to approve by resolution, Level 1 rates without reconnection and bulk rates. The motion was seconded by Councilman Miskimen. RESOLUTION NO. 4933 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL INCREASING VARIOUS RATES FOR CABLE TELEVISION SERVICE PROVIDED BY TELE-VUE SYSTEMS,INC. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSTAINED:,000NCILMEN: Mulryan RE: REPORT ON COST OF CITY-WIDE NEWSLETTER - FILE 145 City Manager Bielser presented the background material on the research of the expense of publishing and distributing a City -Wide Newsletter. The conclusion of the analysis shows that the most effective and efficient approach to the newsletter and all specialized printing needs is to purchase the service on the open market. In this regard, the best quotation came from Ace Printing at a cost of $6,000 for four publications a year. If the project is undertaken, Mr. Bielser suggested that Council discuss the guidelines under which the newsletter is to be published at a future meeting. Councilman Mulryan moved, and Councilman Nixon seconded to proceed with the Newsletter and therefore appropriate $1,500 for the first issue. Staff is to verify with Ace that the offer included the print- ing and postage. AYES: COUNCILMAN:Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REVIEW OF ORDINANCE NO. 1180 - CREATION OF A CULTURAL AFFAIRS COMMISSION - FILE 9-2-24 Mr. Bill Bielser provided the proposed ordinance to Council which creates a five -member commission which would serve (without compensation) in an advisory capacity on all matters pertaining to cultural affairs and historic preservation. Councilman Miskimen moved and Councilman Mulryan seconded to pass the ordinance to print and concur- rently call for applications from interested citizens to serve on the commission. An ordinance of the City of San Rafael amending Title 2, Chapter 2.16 of the Municipal Code of the City of San Rafael, by adding thereto Sections 2.16.200 through 2.16.230, establishing a Cultural Affairs Commission and setting forth its duties and responsibilities 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: REVIEW OF HISTORICAL PRESERVATION ORDINANCE - FILE 13-14.2 Councilman Nixon moved to approve the rough draft in concept and refer it back to staff for completion and preparation. Councilman Mulryan seconded the motion. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None RE: RESOLUTION AUTHORIZING THE AMENDMENT TO CONTRACT WITH SAN RAFAEL REDEVELOPMENT AGENCY FOR COM- MUNITY RECREATION CENTER - FILE 4-16-1 x 140 RESOLUTION NO. 4924 - AUTHORIZING THE AMENDMENT TO CONTRACT WITH SAN RAFAEL REDEVELOPMENT AGENCY FOR COMMUNITY RECREATION CENTER. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 - REPORT ON BOND BIDS - FILE 6-29 Due to a conflict of interest on this item, Mayor Bettini and Councilman Nixon excused themselves. Vice Mayor Miskimen presided. Following a report by Mr. Edwin N. Ness, Assessment District Counsel, on the receipt of the favorable bid on the sale of bonds from Morgan, Olmstead, Kennedy & Gardner with an average interest cost of 6.1829%, Council t000k the following action. RESOLUTION NO. 4925 - RESOLUTION DIRECTING THE FILING OF A THIRD AMENDED ENGINEER'S REPORT AND A THRID AMENDED ESTIMATE OF COST, EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4926 - RESOLUTION AND ORDER APPROVING THIRD AMENDED ENGINEER'S REPORT, ORDER- ING CERTAIN CHANGES IN ASSESSMENTS LEVIED AND CONFIRMING REPORT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4927 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC GAS AND ELECTRIC COMPANY, IN CONNECTION WITH THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4928 - RESOLUTION AUTHORIZING SALE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4929 - RESOLUTION OF AWARD OF CONTRACT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 4930 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND ROBERT 0. VALENTINE, AN INDIVIDUAL DBA VALENTINE ERECTORS AND VALENTINE CORPORATION, FOR WORK TO BE DONE IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: STATE PARKS BOND ACT - FILE 9-2-4 x 12-5 x 12-15 u 6j-3-" 193 A brief staff re -ort was given by Assistant City Manager Meador presenting the resolution to Council authorizing the City to apply for its $127,000 allocation from the State Department of Parks and Recreation. RESOLUTION NO. 4931 - RESOLUTION AUTHORIZING FUNDING FROM STATE PARKS BOND ACT OF 1974. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST FROM THE COUNTY OF MARIN REGARDING CONTINUATION OF FIRE PROTECTION TO THE UNINCORPORATED AREAS - FILE 13-5 Motion made by Councilman Mulryan, second by Councilman Nixon to grant final extension to County of Marin to Juje 30, 1976. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REQUEST OF SAN RAFAEL MEADOWS IMPROVEMENT ASSOCIATION WITH RESPECT TO ANNEXATION - FILE 5-2 Councilman Jensen departed Council Chambers. Mr. James Blum, resident of San Rafael Meadows and former Chairman of the Flood Control Zone asked the Council to favorably consider the retention of Flood Zone VI. Councilman Mulryan moved and the motion was seconded by Councilman Miskimen to honor the request from the San Rafael Meadows Improvement Association to assist in the initiation of annexation proceedings and, in addition, to submit to the Local Agency Formation Commission the annexation condition of con- tinuing the Flood Control Zone for the area through a joint power agreement. 194 AYES: NOES: ABSENT: .. ... _ .............. - COUNCILMEN: Miskimen, Mulryan, COUNCILMEN: None COUNCILMEN: Jensen Nixon and Mayor Bettini RE: RECOMMENDATION FROM PARKS AND RECREATION COMMISSION REGARDING USE OF ALBERT FIELD - FILE 9-3-65 Mayor Bettini excused himself because of a possible conflict of interest. Acting Mayor Miskimen pre- sided. Mr. William Bielser, City Manager, recapitulated the background material on the application for the rock concert and political rally to be held at Albert Park on Sunday, March 3, 1975• A prolonged discussion was held. Representing the Peoples Ballroom Coalition were: Terrence Lane, spokesman, Ron Lambert, coordinator of the affair, and Larry Wiseman, technical advisor. The primary complaint of the organization was that the financial demands imposed by Staff were excessive and could not be met. Councilman Nixon made the motion to bestow the permit with the conditions enumerated by both the Parks and Recreation Commission and staff - with the amendment that all the requirements be compled with by Friday, February 28, 1975 at 5:00 P.M. The motion was seconded by Councilman Mulryan. After further discussion, Councilman Mulryan made the substitute motion to bestow the permit, with the added amendment to waive the $490 police fee, with the added stipulation that all the requirements imposed by Parks and Recreation Commission and the additional provisions listed by staff be complied with by Friday, February 28 at 5:00 P.M.; if the conditions were not met by the February 28 deadline, City Manager Bielser be authorized to cancel the event. Councilman Nixon seconded the motion. AYES: COUNCILMEN: Mulryan and Nixon NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: Mayor Bettini Since the above motion was not passed due to a tie vote, the primary motion was reinstated to grant the permit, subject to all the restrictions listed by both the Parks and Recreation Commission and staff. AYES: COUNCILMEN: Mulryan, Nixon, and Miskimen NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini Due to the impasse, Mayor Bettini and, following Counsel's sanction of his right to vote on the mat- ter, a re -vote was held on the aforementioned deadlock vote granting the permit, with all the con- ditions stated, with the exception of the $490 police fee. AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen, Miskimen ABSENT: COUNCILMEN: None RE: RESOLUTION FOR FORMATION OF A COUNTY SERVICE AREA FOR THE FINANCING OF CERTAIN COST OF THE SHERIFF'S DEPARTMENT BY THE UNINCORPORATED AREAS - FILE 13-5-1 Mayor Bettini was assured that this item would entail a public hearing before final execution. Fol- lowing a brief discussion by members as to the areas excluded in the County Service Area, Councilman Mulryan proposed adoption of the resolution. His motion was seconded by Councilman Nixon. RESOLUTION NO. 4932 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO INSTITUTE PROCEEDINGS FOR THE ESTABLISHMENT OF A COUNTY SERVICE AREA FOR EXTENDED POLICE PROTECTION SERVICES PRESENTLY BEING PROVIDED BY THE MARIN COUNTY SHERIFF'S OFFICE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF MARIN. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: APPROVAL OF 1975 FEDERAL AID URBAN PROGRAM FOR MARIN COUNTY - FILE 4-10-66 Moved by Councilman Nixon, seconded by Councilman Mulryan, to adopt the proposed resolution as pre- sented. RESOLUTION NO. 4920 - 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: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: APPROVAL OF FEDERAL AID URBAN SYSTEM (MAPPING FOR SAN RAFAEL) - FILE 11-15.1 RESOLUTION NO. 4921 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE FEDERAL AID URBAN SYSTEM IN THE CITY OF SAN RAFAEL. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen 195 RE: STOP SIGNS - MILL STREET AND FRONT STREET AT MEDWAY ROAD - FILE 11-9 Councilman Jensen moved to adopt the resolution, second by Councilman Nixon, as recommended by the Traffic Advisory Committee and Director of Public Works. RESOLUTION NO. 4922 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: STOP SIGNS - ON LAS GALLINAS AVENUE AND SANTIAGO WAY - FILE I1-9 Councilman Nixon moved, seconded by Councilman Miskimen, to authorize apporval of the stop signs creat- ing a four-way stop intersection. RESOLUTION NO. 4923 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP 1S REQUIRED. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DISCUSSION OF POSTING OF GASOLINE PRICES - FILE 125 Councilman Mulryan suggested that Council consider an ordinance that would require gas stations to post their prices so that citizens could see the prices before entering the premises. Council asked staff to prepare a draft ordinance and a Public Hearing will be scheduled. RE: BUDGET AMENDMENT - CITY ATTORNEY'S OFFICE - FILE 9-3-16 x 8-5 Councilman Mulryan moved, and motion was seconded by Councilman Jensen, to appropriate $10,075 to the budget of the City Attorney for the rest of the fiscal year. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: EXPIRATION OF TERMS OF FIRE COMMISSION AND LIBRARY BOARD OF TRUSTEES - FILE 9-2-3 x 9 -2 -5 - Councilman Mulryan moved to reappoint the three members to the Library Board (Mrs. Alice Dalbey, Mrs. Elizabeth Grasham, and Mr. James H. Mayer) to April, 1979 and the one member to the Fire Commission (Mr. L. Henry Hewelcke) to March, 1979. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: JOINT POWERS AGREEMENT - SOUTH SAN PEDRO ROAD LANDSCAPING - FILE 4-13-14 Mr. Sidney Lewin, the landscape architect, reviewed for the Council the preliminary plans and cost estimates. He stated that the bid opening will be approximately 60 days away. The City Council adjourned to the next regularly scheduled meeting to be held on March 3, 1975• _ v - MARION A. GRADY, City Clerk (_�,' APPROVED THIS DAY OF 7JZa,,eC_19 7 S� MAYOR OF THE CITY OIWFSAN RAFAEL