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HomeMy WebLinkAboutMinutes 1973-1977 pt. 6o4� In the Council Chambers of the City of San Rafael, Tuesday, July 6, 1976, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman r Absent: Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of Adjourned Regular Meetings of June 14, 1976, June 15, 1976 and June 17, 1976, and Regular Meeting of June 21, 1976. Agreements with Southern Pacific Land Company and Northwestern Pacific Railroad Company for Sewer Pipeline - File 4-5-6. Lease Agreement - Civic Center Fire Station Site - File 2-9-10. Hold Harmless Covenant - Samuel W. Gardiner, East San Rafael - Fie 4-11-51. Report on Bid opening - Street and Park Maintenance Materials for 1976-1977 - File 4-2-118. Report on Clock Donated by Mrs. Michael - File 105. Reversion to Acreage, 540 "D" Street, File 5-1-230. Approve as submitted. RESOLUTION NO. 5136 - Resolution Authorizing the Signing of a Supplemental Agreement with Northwestern Pacific Railroad Company. RESOLUTION NO. 5137 - A Resolution Authorizing the Signing of an Agreement with Southern Pacific Land Company. RESOLUTION NO. 5138 - A Resolution Authorizing the Signing of a Lease or Agreement (Lease Agreement with County of Marin - Civic Center Fire Station Site) RESOLUTION NO. 5140 - A Resolution Authorizing the Signing of a Hold Harmless Covenant with Samuel W. Gardiner for Development of Propery in East San Rafael Prior to Completion of a Protective Levee. RESOLUTION NO. 5141 - Resolution of Award of Contract for Street and Park Maintenance Ma- terials for Fiscal Year 1976-1977 (Basalt Rock Co., Inc.) RESOLUTION NO. 5142 - Resolution of Award of Contract for Street and Park Maintenance Ma- terials for Fiscal Year 1976-1977 (Shamrock Materials, Inc.) RESOLUTION NO. 5143 - Resolution of Award of Contract for Street and Park Maintenance Ma- terials for Fiscal Year 1976-1977 (McPhail's, Inc.) Accept enclosed report. Set Public Hearing for August 2, 1976. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: RESOLUTION ADOPTING STATEMENT OF RESULTS OF THE SAN RAFAEL SPECIAL MUNICIPAL ELECTION HELD TUESDAY, JUNE 8, 1976 - FILE 9-4 RESOLUTION NO. 5139 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING THE STATEMENT OF RESULTS OF THE SAN RAFAEL SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATE OF CALIFORNIA PRESIDENTIAL PRIMARY ELECTION HELD ON TUESDAY, JUNE 8, 1976. AYES: COUNCILMEN Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 345 Statement of Results of Votes Cast. LOCAL MEASURE C City of San Rafael Charter Amendment - Establishing Disciplinary Measure for any Employee of the Fire; Department or Police Department Engaged in a Strike or Job Action Against the City of San Rafael. PRECINCT YES NO PRECINCT YES NO 1100 254 88 1203 286 85 1101 187 88 1204 162 84 1102 238 110 1205 295 45 1103 211 58 1206 189 21 1104 298 77 1207 246 25 1105 193 54 1208 265 70 1106 227 75 1209 291 91 1107 79 30 1210 311 51 1108 171 37 1211 317 44 1109 154 65 1212 124 68 1110 232 50 1400 216 57 1111 191 56 1401 224 74 1112 232 130 1402 229 77 1113 203 70 1403 191 68 1114 257 88 4600 162 91 1115 300 71 4601 206 93 1116 269 75 4602 239 122 1117 286 72 4603 185 112 1118 273 56 4604 235 83 1119 132 45 4605 194 90 1120 180 44 4606 186 90 1121 151 42 4607 121 78 1122 138 68 4608 149 93 1123 102 55 4609 133 49 1124 151 53 4610 176 61 1200 192 30 4611 171 144 1201 165 83 4612 222 101 1202 131 49 Total Ballots Cast - 16,696 RE: PUBLIC HEARING - REPORT ON PROPOSED EXPANSION OF PICKLEWEED PARK - FILE 12-5 Mayor Bettini opened the public hearing and referred to the staff report and suggested agenda for the hearing. The history leading to the public hearing on the expansion aprposal was presented by City Manager Bielser. Ms. Judy Waller represented Dan Coleman Associates and the Purdy interests, presenting two alternative proposals for a 50 -unit development with a park site for consideration in the event the entire 17 -acne parcel is not purchased by the City. Nb. Pauline Haro represented the Canal Community Council in supporting the proposed 17 -acre Pickleweed Park expansion project through formation of a County Service Area, and presented a petition of support signed by owners of 13 businesses in the area. She noted that only four Council members were present and asked that this item be continued and considered by the full Council. Ms. Lari Sheehan, Executive Director of LAFCO, confirmed that such continuance would probably preclude the County Service Area being placed on the November ballot. -� Mr. John McCall represented the Canal Citizens Park Committee in opposing formation of the proposed County Service Area. A circular protesting the 17 -acre project and offering a counter -proposal was distributed by Richard A. Rubin of the Canal Citizens Park Committee. Mr. Robert Greene presented the counter -proposal for a 50 -unit development containing a two -park system which he felt would pro- vide as much usable area at a feasible cost. Mr. John Kunst represented owners of commercial property and registered protest to the 17 -acre pro- posal. Mr. Ron Miller, Bahia de Rafael Homeowners Association Board Member representing 263 real property owners, spoke in favor of the proposed 17 -acre project. Several persons addressed the Council with concerns and questions and there was considerable public comment both favoring and op- posing the 17 -acre park proposal. Supervisor Giacomini supported Council continuance of this item so that City and County staff, in con- junction with the people, can fully explore all options. Following discussion, Councilman Mulryan moved that the item be continued to allow time to consider all options. The motion was seconded by Councilman Miskimen and unanimously carried.(See Minutes of July 19, 1976 for correction) 344, RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION - AREA AND PARKING VARIANCE (V76-7 MARIAN COURT/3725 KERNER BOULEVARD: BERNARD KAPLAN, OWNER: EDWARD HAGEMAN, REPRESENTATIVE rel Mayor Bettini opened the public hearing. Since there was no objection, the hearing was continued to July 19, 1976 at the written request of Leland H. Jordan, Attorney for the Appellant. RE: PUBLIC HEARING - FINAL ADOPTION OF ORDINANCE NO. 1225 REGARDING SMOKE DETECTION DEVICES - FILE 13-5 x 1-6-4 Mayor Bettini declared the public hearing open. There was no one from the audience wishing to speak and the Mayor closed the public hearing. Chief Marcucci responded to questions from the Council. Councilman Mulryan moved final adoption of Ordinance No. 1225 and that Council make findings that modification is necessary because of the recurring fire danger in the City of San Rafael. The motion was seconded by Councilman Miskimen and unanimously carried. CHARTER ORDINANCE NO. 1225 - A Ordinance of the City of San Rafael Amending Section 4.08.030, Adoption of Uniform Fire Code, of the San Rafael Municipal Code, and Amending Section 4.08.090 Article 13, Sec- tion 13.307 of the Uniform Fire Code, 1971 Edition, as adopted, Relating to Household Warning Systems, and Adopting by Reference the National Fire Protection Association Pamphlets, was passed and adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PUBLIC HEARING - ADOPTION OF CONFLICT OF INTEREST CODE, CITY COUNCIL - FILE 9-4-2 Mayor Bettini opened the public hearing. There were no persons who wished to speak and the public hearing was closed. RESOLUTION NO. 5144 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1976. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: FINAL ADOPTION OF ORDINANCE NO. 1226 PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL - FILF 9 -lx 7—�-? CHARTER ORDINANCE NO. 1226 - An Ordinance of the City of San Rafael Providing for Cost of Living In- crease for City Council 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 and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON PLANNING COMMISSION VACANCY - FILE 9-2-6 It was noted that Mr. Lund's previous appointment was to fill an unexpired term of less than a year. On motion by Councilman Jensen, second by Councilman MIskimen, Clifford Lund was unanimously reappointed to the Planning Commission for a four-year term to expire in July, 1980. The Council reaffirmed the policy requiring Commission members who wish to be reappointed to apply under normal procedures, but felt it should be somewhat flexible RE: REPORT ON APPLICANTS FOR PARKS AND RECREATION COMMISSION - FILE 9-2-4 The Council received copies of six applications and instructed the staff to schedule interviews on August 23, 1976 at 7:30 P.M. RE: REPORT ON HOUSEBOAT PROGRAM - FILE 144 The Council accepted Planning Director Hotchner's written progress report on Houseboat Ordinance preparation. RE: REPORT ON ARCHITECTURAL PROPOSALS, FALKIRK RESTORATION PROJECT - FILE 13-14-2 x 4-3-67 Councilman Miskimen presented the Interview Committee recommendation that Charles Hall Page & Associates, Inc. be retained. RESOLUTION NO. 4145 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT(with Charles Hall Page & Associates, Inc. for Architectural Services - Falkir^Restora- tion Project) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 347 RE: REPORT ON CONTRACTS - PEACOCK GAP AND GLENWOOD FACILITIES - FILE 12-15 x 2-9-9 After Council discussion, City Manager Bielser was directed to arrange a meeting of the City -School Liaison Committee to attempt to work out a mutually satisfacotry arrangement. ARE: REQUEST FOR POSTING NO -PARKING SIGNS - MISSION PASS TRAIL PROJECT - FILE 11-8 x 9-3-40 XE -1 —"Z62 Mr. Brian Wittenkeller, Chief Park & Open Space Planner for Marin County, referred to the Mission Pass Trail County project, previously endorsed by the City Council, and advised that homeowners from Green Oaks Condominiums have asked for controlled parking at the end of Freitas Parkway for 300 feet on the noth and 435 feet on the south (100 feet before Iris Street). After discussion, a motion by Councilman Mulryan to approve the proposal and instruct the Public Works Director to post No -Parking signs 300 feet on the north side and 435 feet on the south side of Freitas Parkway, from the west end of Freitas Parkway as requested, was seconded by Councilman Miskimen and unanimously carried. RE: MUNICIPAL CODE REVISIONS - FILE 9-12 x 13-3 x11-1 x 1-5 An Ordinance of the City of San Rafael Amending Chapter 3.22 of the San Rafael Municipal Code by adding Section 3.22.130, Inapplicability to Instruments of Foreclosure, and numbering Charter Ordinance No. 1228, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon An Ordinance of the City of San Rafael Amending Sections 3.12.010, Creation of Fund, and 3.12.030, Expenditure of Fund, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1229, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon An Ordinance of the City of San Rafael Amending Section 6.10.220, Estrays Governed by Stature, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1230, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUCNILMEN: None ABSENT: COUNCILMEN: Nixon An Ordinance of the City of San Rafael Amending Sections 1.12.010, Penalty for Violations, and 5.12.020, Required Obedience to this Title, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1231, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: PROPOSED ABANDONMENT OF PORTION OF NORTHWESTERN PACIFIC RAILROAD COMPANY TRACK - FILE 117 The proposed abandonment was discussed and opposition voiced by Mr. Dick Rush on behalf of the San Rafael Chamber of Commerce, Mr. Philip Bass, Attorney representing Fiberplastics and Handi-Kup Com- pany, and Mr. Peter Hunt, one of the principals of the Handi-Kup Company. A motion by Councilman Miskimen that the City Council go on record as opposing the proposed abandon- ment of the Northwestern Pacific Right of Way from Auburn Street south to Corte Madera, was seconded by Councilman Jensen and unanimously carried. RE: CONTRACT ADMINISTRATION - HOUSING & COMMUNITY DEVELOPMENT ACT PROJECTS - FILE 147 City Manager Bielser reported on the Priority Setting Committee proposal that each City choose one of two options as outlined in a memorandum from Mr. Sol Silver of Marin County Comprehensive Planning Department, dated June 1, 1976, and presented the staff recommendation that the City of San Rafael elect to carry out its own program by City staff. Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, to approve the staff recommendation. RE: REPORT ON FIRE PREVENTION ACTIVITIES - FILE 13-5 The Council received staff reports on the existing fire danger. The problems and recommendations were discussed. A motion was made by Councilman Jensen, seconded by Councilman Mulryan and unanimously carried, to authorize the City Manager and Public Works Director to employ additional weed abatement crews as necessary to take care of the grass and weeks on private property. Councilman Jensen moved to authorize the staff to purchase a four-wheel drive vehicle to be used by the Fire and Police Departments. The motion was seconded by Councilman Miskimen and unanimously carried. 3 4 S IRE: ORDINANCE EST. ISHING RELOCATION APPEALS BOARD - FILE 140 x 9-2-25 CHARTER ORDINANCE NO. 1232 - An Urgency Ordinance of the City of San Rafael Amending Chapter 2.32 of the San Rafael Municipal Code by adding a new Section 2.32.050 Thereto, Relocation Appeals Board was passed and adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: RESOLUTION SETTING FORTH TERMS OF RELOCATION APPEALS BOARD - FILE 140 x 9-2-25 RESOLUTION NO. 5146 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING TERMS OF THE REDEVELOPMENT AGENCY'S RELOCATION APPEALS BOARD. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: APPOINTMENT OF FIRE CHIEF - FILE .7-5. x 9-3-31 On motion by Councilman Jensen, second by Councilman Mulryan, Robert E. Marcucci was unanimously reap- pointed as Fire Chief for a four-year term, commencing July 6, 1976. RE: SALARY RESOLUTION - ASSISTANT PARKS SUPERVISOR - FILE 7-3 RESOLUTION NO. 5147 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 1.3 OF RESOLUTION NO. 5134 FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL AND UNCLASSIFIED EMPLOYESS AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: RESOLUTION AUTHORIZING GRANT APPLICATION - FALKIRK - FILE 4-10-88 x 13-14-2 RESOLUTION NO. 5149 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANTS-IN- AID FOR THE CONTINUATION OF THE FALKIRK RESTORATION PROJECT. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The Council moved to Executive Session to discuss pending litigation. The Council reconvened in Open Session. RE: AMENDMENT TO AGREEMENT - CITY MANAGER - FILE 9-3-11 RESOLUTION NO. 5148 - RESOLUTION AUTHORIZING THE SIGNING OF AMENDMENT TO AGREEMENT (Between the City of San Rafael and William J. Bielser, City Manager) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon The Council adjourned to the next regular meeting scheduled on July 19, 1976. ��_ e� . A MARION A. GRADY, City Clerk APPROVED THIS 79 / DAY OF/ 1976. MAYOR OF THE CIT F SAN RAFAEL i 349 In the Council Chambers of the City of San Rafael, Monday, July 19, 1976, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Jack G. Nixon, Councilman Also Present: Raymond L. Meador, Assistant to the City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Jensen, second by Councilman Mulryan, to approve the recommended action of the following Consent Calendar items: Item Approval of Minutes of Adjourned Regular Meeting of June 22, 1976. Resolution Authorizing the Acquisition of Materials and Supplies through the State of California when they represent the lowest responsible bidder. File 9-3-81. Resolution Authorizing Mayor to Sign Agreements with Developers for Deferral of Installation of Landscap- ing and Irrigation Systems. File 10-2 Report of Public Works Department Regarding Geo - Seismic Review Board. File 9-2-26. Claim for Damages - Samanthan Cathy Wilson - Claim No. 3-1-242. Recommended Action Approve as submitted. RESOLUTION NO. 5151 - A Resolution Authorizing the Acquisition of Materials and Supplies through the State of California when the State represents the Lowest Responsible Bidder. RESOLUTION NO. 5152 - Resolution Authorizing Mayor to Sign Agreements with Developers for Deferral of Installation of Landscaping and Irrigation Systems. Accept enclosed report. Deny and refer to Insurance Carrier. General Plan Amendment - Proposed Addition of Recrea- Set public hearing for 8:00 p.m. on August tion and Park Element (P75-5) - File 115. 16, 1976. **** Vote:See bottom of page RE: APPROVAL OF MINUTES OF JULY 6, 1976 Pursuant to staff request for clarification as to the role of the proposed County Service Area in financing Pickleweed Park, this item was removed from the Consent Calendar and the motion for con- tinuance of the public hearing on the proposed expansion was amended to read as follows: "Following discussion, Councilman Mulryan moved that the item be continued to allow time to consider all options, with the condition that all funding sources (County, State, Federal, City and Community be used, with the preferred financial assistance from the proposed County Service Area to be used towards the acquisition and development costs. Councilman Mulryan also encouraged the participation and involvement of the entire Canal Community in this process." Councilman Jensen then moved that the minutes of July 6, 1976 be approved as amended; the motion was seconded by Councilman Miskimen and unanimously carried. RE: APPEAL OF PLANNING COMMISSION DECISION - AREA AND PARKING VARIANCE (V76-7), 8 MARIAN COURT/3725 KERNER BOULEVARD: BERNARD KAPLAN, OWNER: EDWARD HAGEMAN, REPRESENTATIVE - FILE 10-4 Mayor Bettini reopened the public hearing which had been continued from the meeting of July 6, 1976. Mr. Lee Jordan, Attorney representing the property owner, stated that denial of the variance would cause a hardship to his clients who purchased the property after the two studio units had been added and, at that time, believed it was a legal 10 -unit development. He asked favorable consideration of his appeal subject to the condition that there be an agreement that the two studio units be rented for Section 8 or Section 23 housing under the Housing Authority of Marin to persons who do not own or operate automobiles. Ms. Virginia Dunn, 16 Marian Court, said she is an employee of the Marin County Housing Authority and urged favorable consideration of the appeal. Mayor Bettini declared the public hearing closed. After discussion, Councilman Miskimen moved, second by Mayor Bettini, to overrule the Planning Com- mission decision and grant the appeal, subject to the condition that the new owners sign an agreement with the Marin County Housing Authority to operate under Section 8 or Section 23 of the Housing Code for the two studio units and to limit rental of the two units to persons who do not own or operate vehicles and agree not to purchase vehicles. The motion was based on the fact that applicant ac- quired the property without knowing the two units were illegal and strict enforcement of the Zoning Ordinance in denial of the variance would cause unnecessary hardship. The motion failed by the follow- ing vote: ****AYES: COUNCILMEN: Jensen, Miskimen, Mulryan AYES: COUNCILMEN: Miskimen and Mayor Bettini NOES: COUNCILMEfd: and Mayor Bettini NOES: COUNCILMEN: Jensen and Mulryan ABSENT: COUNCILMEN: Nixon ABSENT: COUNCILMEN: Nixon 350 Mayor Bettini announced that the motion failed for lack of the necessary majority; therefore, the Planning Commission decision was upheld and the appeal denied. RE: APPEAL OF PLANNING COMMISSION DECISION (ED76-20) BOAT STORAGE, MOORING, LAUNCHING, 620 CANAL STREET; RICHARD CLAYTON, OWNER; ROBERT EKLUND, REPRESENTATIVE - FILE 10-7 Mayor Bettini reopened the public hearing which had been continued from June 21, 1976. Planning Director Hotchner responded to questions regarding Commission action. Mr. L. E. Weisenburg, Jr., Appeallant, spoke on behalf of the Canal Committee and contended the develop- ment is contrary to the unanimous recommendation of the Committee that canal areas be upgraded and, where possible, remain as open space. Mr. Robert Eklund represented the owner and asked that Council deny the appeal. Mr. R. N. Clayton, Owner, also asked that the appeal be denied. Mr. Donald Heyman, who is purchasing the property from Mr. Clayton, responded to concerns regarding the time period for construction. Mr. Arthur Lang, 20 Mooring Road, also spoke in favor of the proposed facility. As there were no other speakers, Mayor Bettini closed the public hearing. Following a discussion, a motion by Councilman Jensen that the Planning Commission decision be upheld and the appeal denied was seconded by Councilman Miskimen and unanimously carried. RE: APPEAL OF PLANNING COMMISSION DENIAL OF SIX -LOT SUBDIVISION (T76-1), 2155 FRANCISCO BOULEVARD, RAYMOND AND MELVIN PIOMBO, OWNERS - FILE 10-8 Mayer Bettini reopened the public hearing on this item which had been continued from the meeting of June 7, 1976 and referred to the Planning Commission for review in relation to the location of Kerner Boulevard. There were no public comments and Mayor Bettini closed the public hearing. Motion by Councilman Jensen, second by Councilman Mulryan, and unanimously carried, to adopt the tentative map and conditions as recommended by the Planning Commission. RE: FINAL ADOPTION - MUNICIPAL CODE REVISIONS - FILE 9-12 x 13-3 x 11-1 x 1-5 CHARTER ORDINANCE NO. 1228 - An Ordinance of the City of San Rafael Amending Chapter 3.22 of the San Rafael Municipal Code by adding Section 3.22.130, Inapplicability to Instruments of Foreclosure, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon CHARTER ORDINANCE NO. 1229 - An Ordinance of the City of San Rafael Amending Sections 3.12.010, Crea- tion of Fund, and 3.12.030, Expenditure of Fund, of the San Rafael Municipal Code, was adopted as an ordinance of the City of San Rafel by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon CHARTER ORDINANCE NO. 1230 - An Ordinance of the City of San Rafael Amending Section 6.10.220, Estrays Governed by Statute, of the San Rafael Municipal Code, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon CHARTER ORDINANCE NO. 1231 - An Ordinance of the City of San Rafael Amending Sections 1.12.010, Penalty for Violations, and 5.12.020, Required Obedience to this Title, of the San Rafael Municipal Code, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON CLOCK DONATED BY MRS. MICHAEL - FILE 105 x 4-10-95 RESOLUTION NO. 5153 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with representatives of Courthouse Square and/or Mrs. Cecilia Michael for placement of the donated clock on Courthouse Square property) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: REPORT ON RECREATION VEHICLE ENFORCEMENT - FILE 10-1 The Council received a report from Planning Director Hotchner and, on motion by Councilman Mulryan with second by Councilman Miskimen, authorized the Planning Department to send the proposed letter and questionnaire to all of the Homeowners Associations in San Rafael. 351 RE: REPORT ON MASSAGE PARLOR ORDINANCE LITIGATION - FILE 9-10-3 A report on the injunction enjoining the City from enforcing certain sections of the massage ordinance was presented by City Attorney Connick. Mr. Connick also apprised the Council of a bill presently -- before the Senate Committee which would withdraw the State's preemption on matters having to do with massage parlors. r^'e^ Motion by Councilman Mulryan, second by Councilman Miskimen and carried, that the City not appeal at this time and wait until conclusion of the legislative session before taking any action. The staff was directed to send a letter to Senator Peter H. Behr supporting Senate Bill 3325. RE: DEDICATION OF BICENTENNIAL PLAQUE - FILE 104 A request by Mr. Cliff Elbing, speaking under Persons Wishing to Address Council, that Nancy King Hayden, Bicentennial representative, be given pertinent information relating to the redwood plaque to be dedicated in August was referred to the City staff. RE: PRESENTATION CONCERNING THE "OVER -THE -WATER DEMONSTRATION PROJECT" - FILE 112-2 A presentation was made by Mr. Stan Kowleski of the Golden Gate Bridge, Highway and Transportation District of the proposed service between the San Pedro Peninsula in San Rafael to downtown San Francisco, for a one-year period during the morning and evening commute period. Mr. Ed Duggan, President of Glenwood Homeowners Association, said they felt the service would benefit the area. Mr. John P. Finneran spoke in opposition and felt an Environmental Impact Report should be required. A representative from Pepsi kola Bottling Company, 21 Gary Place, advised that the Bridge District is empowered to condemn property within other jurisdictions which could have an impact on the tax rate, and asked that this information be entered into the record and brough to Council atten- tion before approval is given without the Environmental Impact Report requirement. Mayor Bettini left the Council Chambers because of a possible conflict of interest and Acting Mayor Mulryan presided. The Council discussed the proposed one-year demonstration project and took the following action: A motion by Councilman Jensen that the Council recommend to ABAG that an Environmental Impact Report be filed before the project is undertaken was seconded by Councilman Mulryan and carried by the follow- ing vote: AYES: COUNCILMEN: Jensen and Acting Mayor Mulryan NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: PRESENTATION AND REQUEST FOR POLICY DECISION CONCERNING ARTICULATED BUSES - FILE 112-2 A presentation was made by Mr. Don White of the Golden Gate Bridge, Highway and Transportation Dis- trict proposing the use of articulated buses for feeder service to and from the Larkspur terminal. The Council discussed the maneuverability of the buses and their effect on residential streets. It was also noted that bids have veen received and will expire August 6. A motion by Councilman Miskimen to continue this matter, instruct the staff to gather the necessary data and report, and take action as quickly as possible (if necessary by a telephone poll of the Council), was seconded by Councilman Jensen and carried by the following vote: AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: FALL RECREATION PROGRAM - FILE 9-3-65 On motion by Councilman Jensen, second by Councilman Miskimen, the Fall Recreation Program was unanimous- ly adopted as submitted. RE: REVIEW OF SELECT STREET SYSTEM - FILE 11-1 RESOLUTION NO. 5150 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA, TO ACCOMPANY REPORT AND MAP RECOMMENDING SELECT SYSTEM MODIFICATIONS AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: DISPOSITION OF CITY -OWNED LANDS - FILE 2-7 Mayor Bettini returned to the Council Chambers and presided. The Council received a staff report regarding five City -owned parcels and, on motion by Councilman Mulryan, second by Councilman Jensen, unanimously approved the staff recommendation and authorized staff to establish a value for each of the parcels and set in motion the procedure necessary for sale of the property. 352 RE: CONSIDERATION OF SUPPORT OF OFFICIAL STATE OF CALIFORNIA BAND FOR PRESIDENTIAL INAUGURAL - FILE 136 This item was on the agenda at the request of Councilman Miskimen, asking Council support of the Rancho Cotati High School Marching Band which has been designated by the Governor of the State of California. Motion by Councilman Jensen, second by Councilman Mulryan and unanimously carried, that the Council indicate its general support of the Rancho Cotati High School Marching Band in its effort to secure funds to make the trip to the Washington Inaugural. RE: AUTHORIZINATION FOR STAFF TO PREPARE GRANT SUBMITTAL FOR LAND AND WATER CONSERVATION FUNDS - FILE 13-14 x 12-5 x 4-10-93 RESOLUTION NO. 5154 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - PICKLEWEED PARK PROJECT (maximum of $325,000) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon RE: INTERVIEW FOR PARKS AND RECREATION COMMISSION - FILE 9-2-4 The staff was authorized to schedule an interview on August 2, 1976 at 7:15 p.m. for Jane Teitelbaum, who will be on vacation on August 23 when interviews are scheduled for the applicants. RE: IMPROVEMENT OF BICYCLE PATHS - FILE 9-3-65 x (9-3-40) Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, to approve the County project improving existing bicycle paths over Puerto Suello Hill from Lincoln Avenue to Los Ranchitos, which are now entirely within the City limits. The Council adjourned to the next regular meeting on August 2, 1976. MARION A. GRADY, City Cler k APPROVED THIS DAY OF 976. MAYOR OF THE CIT OF SAN RAFAEL 353 In the Council Chambers of the City of San Rafael, Monday, August 2, 1976, at 8:00 p.m. Regular Meeting: Present: C. Paul Bettini, Mayor John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Nixon, second by Councilman Miskimen, to approve the recommended action of the following Consent Calendar items: Item Disposition of Surplus Property (ri*;2 2-7} Report on Workmen's Compensation Insurance (File 9-6-3) Recommended Action Proceed with Public Sealed Bids on authorized parcels. Accepted enclosed report. AYES: COUNCILMEN: Miskimen, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: APPROVAL OF MINUTES It was regularly moved and seconded that the minutes of July 19, 1976, be approved as submitted. AYES: COUNCILMEN: Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan ABSTAIN: COUNCILMEN: Nixon RE: REPORT ON COURT ACTION - SIGN ORDINANCE (FILE 125 This item was removed from the Consent Calendar for discussion of the time frame for approval of the sign ordinance revision under consideration and enforcement of the present ordinance. Planning Commissioner Lund, Chairman of the Sign Review Committee, requested a 90 -day delay in the enforcement while the draft ordinance is being reviewed by the Committee and members of the business community. The Council, upon a finding of fact that a situation of double jeopardy could occur and there is reason to believe that a satisfactory conclusion will be reached as a result of the work now proceeding on amending the ordinance, took the following action: A motion by Councilman Nixon to grant a delay of ninety days for enforcement of the amortized signs was seconded by Councilman Miskimen and unanimously carried. RE: PUBLIC HEARING - REVERSION TO ACREAGE - 540 "D" STREET - FILE 5-1-230 Mayor Bettini opened the public hearing. Council had been furnished a staff report and Planning Commission recommendation for approval of the final map. There were no speakers from the audience and the public hearing was closed. Motion by Councilman Nixon, second by Councilman Miskimen, that the reversion to acerage map for 540 "D" Street be approved. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: PUBLIC HEARING - INCREASED FEES AND CHARGES PROPOSED FOR CONSIDERATION IN THE 1976-1977 BUDGET - FILE 9-10-2 x 11-8 x 11-18 Mayor Bettini opened the public hearing. A staff report was presented by City Manager Bielser. Copies of the proposed ordinance and fee revisions had been submitted to the Council. Acting Police Chief Souza presented a report on the large number of false alarms received which represent an annual direct cost to the Police Department of approximately $46,500. 354 i Representatives from the alarm companies spoke in opposition to the proposed penalties for false alarms and suggested that a committee be appointed, from the alarm business, City and School District staff, to review the situation and report back to the Council in 30 days. Formation of such a committee by the alarm companies was encouraged by the Council, with any staff assistance to be regulated by the City Manager. There was opposition to the proposed charge for parking meter bags for Mortuaries, the $2 charge for library cards, the proposed $1 per space included in the mini -warehouse business license fee, the $1000 per year flat fee for permits for Pacific Gas and Electric and Pacific Telephone Company, and the $2 annual charge proposed for part-time employees. There were no other speakers and the public hearing was closed. It was regularly moved, seconded and carried, that the proposed Master Fee Schedule be amended as follows: There shall be no charge for the first three false alarms, $15 for the fourth, $25 for the fifth, and $50 for the sixth and above. The permit fees for utilities for Pacific Gas and Electric Company and Pacific Telephone Company shall be charged at the direct cost. There shall be a $1 annual charge for part-time employees included in the business license fees. The proposed charge of $2 for a two-year library card for persons 18 to 62 years of age was eliminated. The proposed charge of $1/day/bag for parking meter bags for Mortuaries was eliminated. The business license fee for mini -warehouses shall be $25 per year plus 50¢ a space; said fee to be in effect for a period of one year, then subject to review. An Ordinance of the City of San Rafael concerning false alarms activated by intrusion detection systems, and numbering Charter Ordinance No. 1234, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan An Ordinance of the City of San Rafael amending the Business License Ordinance, Chapter 10.04 of the Municipal Code, and numbering Charter Ordinance No. 1233, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan An Ordinance of the City of San Rafael amending various sections of the Municipal Code to permit the establishment of fees, service charges and taxes by resolution of the San Rafael City Council, and numbering Charter Ordinance No. 1235, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan An Ordinance of the City of San Rafael amending certain sections of Title 5, Chapter 60 of the Municipal Code pertaining to rates for parking meters, and numbering Charter Ordinance No. 1236, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RESOLUTION NO. 5155 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING AND ADOPTING A MASTER FEE RESOLUTION AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: AGREEMENTS BETWEEN CITY AND SAN RAFAEL SCHOOL DISTRICT - FILE 2-9-9 x 12-15 x 4-7-10 x 11-20 The staff report relating to the Glenwood School Site, Peacock Gap School Site, School Sites Resurfacing, and a proposal to construct a pedestrian walkway on Northwestern Pacific Railroad property and between San Rafael Meadows and Civic Center Drive was presented. A motion by Councilman Nixon that no action be taken at the present time on the Glenwood tennis courts and that the staff be authorized to survey and report on alternate locations was seconded by Councilman Miskimen and unanimously carried. RESOLUTION NO. 5156 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE AGREEMENT WITH THE SAN RAFAEL SCHOOL DISTRICT (Peacock Gap School Site) AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RESOLUTION NO. 5159 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with the San Rafael School District for School Sites Resurfacing) AYES: NOES: ABSENT: COUNCILMEN: Miskimen, Nixon and Mayor Bettini COUNCILMEN: None COUNCILMEN: Jensen and Mulryan 355 The Council accepted the staff report wherein the Committee agreed that the pedestrian walkway proposed between San Rafael Meadows and Civic Center Drive should be held in abeyance at this time. RE: DISCUSSION OF MASSAGE PARLOR ORDINANCE APPEAL - FILE 9-10-3 After hearing a report from City Attorney Connick as to the status of the massage parlor ordinance, a motion by Councilman Nixon that the City support the bill before the State Legislature which would withdraw the State's preemption on matters having to do with massage parlors was seconded by Councilman Miskimen and unanimously carried. RE: REPORT ON PROPOSED HOUSEBOAT ORDINANCE - FILE 144 The Council received a staff report and a houseboat ordinance draft. The discussion indicated the Council feeling that there should not be houseboats on the Canal because of its narrowness and that safe and sanitary conditions should be assured if consideration is given to other locations. RE: REPORT ON APPLICATIONS FOR THE DEVELOPMENT RELOCATION APPEALS BOARD - FILE 140 x 9-2-25 It was reported that only one application has been received and this item was continued for thirty days. RE: NON -AGENDA ITEM - REOUEST FOR IMPLEMENTATION FOR NEW AMBULANCE SERVICE - FILE 13-1 This request, presented under Persons Wishing to Address Council by S/Sgt. Carl W. Maier, was referred to the City Staff. An ambulance prototype and manuals were presented to the staff. RE: PETITION FROM PROPERTY OWNERS - MOORING ROAD ROADWAY IMPROVEMENTS - FILE 11-15.1 x 101 Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to adopt the staff recommendation to return the surplus assessment district funds to the property owners and, if legally feasible, assist the property owners by agreement to include their paving work as part of the City's street resurfacing, subject to the City being reimbursed for all costs associated with the paving of Mooring Road. RE: DISCUSSION OF NEIGHBORHOOD HOUSING REHABILITATION - FILE 13-16 This item was placed on the agenda for discussion of the problem of building deterioration and despair. Mrs. June Townsley, 101 Ross Valley Drive, requested that the City attempt to participate in the HUD Block Grant program for rehabilitation of owner -occupied homes. The staff was directed to prepare a brief report as to methods available for neighborhood housing rehabilitation, including investigation of the HUD rehabilitation grant. Mrs. Townsley was advised that a copy of this report will be sent to her. A request from Mr. Cliff Elbing regarding abandoned vehicles and garages on the City right-of-way at Jewell and Union Streets was referred to the Public Works Director. RE: REPORT ON HOUSING AND COMMUNITY DEVELOPMENT ACT FUNDS - FILE 147 The Council accepted a written report from City Manager Bielser. RE: RESOLUTION OF NECESSITY FOR CONDEMNATION OF 1428 MISSION AVENUE, CITY OF SAN RAFAEL - FILE 3-6 RESOLUTION NO. 5157 - RESOLUTION OF NECESSITY FOR CONDEMNATION OF 1428 MISSION AVENUE, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan 356 RE: PROPOSED AMENDMENT TO PAWNBROKER ORDINANCE - FILE 9-10 x 9-3-30 An ordinance of the City of San Rafael repealing and reenacting Section 10-20-090 - Return of Property to Rightful Owner - of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1237, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: REPORT ON ACCELERATED PUBLIC WORKS PROGRAM - FILE 9-3-40 RESOLUTION NO. 5158 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING APPLICATION FOR ACCELERATED PUBLIC WORKS FUNDING FOR ELIGIBLE CITY PROJECTS. AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: REPORT ON MARIN COUNTY LOCAL PARK AND RECREATION ASSISTANCE PROGRAM - FILE 12-5 x 9-3-66 On motion by Councilman Nixon, second by Councilman Miskimen, the Council authorized application for the entire $200,000 allocation available for funding for a bayfront park (Pickleweed Park expansion). RESOLUTION NO. 5160 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR COUNTY LOCAL PARK AND RECREATION ASSISTANCE MONIES AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan RE: RESCHEDULING OF MEETING DATE - FILE 9-1 The date for the first meeting in September was set for Tuesday, September 7, 1976, as the first Monday is the Labor Day Holiday. RE: SUBMITTAL OF PETITION - SAN RAFAEL FIREMEN'S LOCAL 2208 - FILE 101 X City Clerk Grady presented a petition for a Charter amendment which was received Thursday, July 29, 1976, and requested instructions from the Council. A written report relating to the responsibilities of the City and the time of placing the petition on the ballot was furnished to the Council by the City Attorney. Motion by Councilman Nixon, second by Councilman Miskimen and unanimously carried, to direct the City Clerk to submit the petition from the San Rafael Fireman's Local 2208 to the Registrar of Voters of Marin County for verification of signatures. The Council adjourned to the next regular meeting on August 16, 1976. MARION A. GRADY, City Clerk APPROVED THIS 167-C DAY OF c 1976 f 1000, ?2/ A 357 In the Council Chambers of the City of San Rafael, Monday, August 16, 1976, 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: CONSENT CALENDAR Motion by Councilman Miskimen, second by Councilman Mulryan, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of Regular Meeting of August Approve as submitted. 2, 1976. Claim for Damages - Robert West, Guardian for Ken Deny and refer to Insurance Carrier. West, a minor (File 3-1-241) Report on Bid Opening - Award of Contract, Resur- facing of Various Streets - File 4-1-246 x 6-28. 0 RESOLUTION NO. 5162 - Resolution of Award of Con- tract (to Ghilotti Bros., Inc. low bid of $159,996.50) Engineer's Final Schedule of Costs - Mooring Road Sewer Assessment District - Filed with the City Clerk RESOLUTION NO. 5163 - Resolution finding and determining that there is a surplus in the fund provided for the Improvements in Mooring Road Sewer Assessment District, City of San Rafael, Marin County, California, and Authorizing Disribu- tion of said Surplus ($11,406.04) Request for Construction of Gazebo at Falkirk - RESOLUTION NO. 5164 - A Resolution Authorizing the File 12-15 x 4-10-96. Signing of a Lease or Agreement (with Mr. Keith Dale for construction of Gazebo at Falkirk Com- munity Cultural Center) Rental of Space at Santa Margarita School - RESOLUTION NO. 5165 - A Resolution Authorizing File 2-9 x 9-3-65 the Signing of a Lease or Agreement (Space at Santa Margarita School for Preschool programs) Agreement with Charles Hall Page for Historical RESOLUTION NO. 5166 - A Resolution Authorizing the Survey - File 4-3-69 Signing of a Lease or Agreement (with Charles Hall Page and Associates, Inc.) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CITY/COUNTY REVISED AGREEMENT FOR MAINTENANCE OF LANDSCAPING - POINT SAN PEDRO ROAD - FILE 4-13-14 This item was removed from the Consent Calendar for discussion of the provision for joint landscaping replacement. RESOLUTION NO. 5161 - RESOLUTION AUTHORIZING SIGNING OF AGREEMENT WITH THE COUNTY OF MARIN FOR MAINTENANCE OF LANDSCAPING IMPROVEMENTS, POINT SAN PEDRO ROAD. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BID OPENING - AWARD OF CONTRACTS: (a) FURNISH TOP SOIL; (b) AUTOMATIC SWIMMING POOL WATER TREATMENT CONTROL SYSTEM - FILE 4-1-248 x 4-1-249 �- This item was removed from the Consent Calendar for discussion of the quality of top soil. After discussion, a motion by Councilman Jensen that the Council award the contract for top soil and soil amendment to Piombo Bros. at the low bid of $4.00/C.Y. for Top Soil and $7.00/C.Y. for Soil Amend- ment; and award the contract for Automatic Swimming Pool Water Treatment Control System to Lincoln Equipment Co. at the low bid of $5,718.70, was seconded by Councilman Mulryan and unanimously carried. RE: DISCUSSION OF PARKING SPACES FOR HANDICAPPED - FILE 13-1 Mrs. Louise Sousa addressed the Council regarding problems encountered by handicapped persons and asked that the Staff be authorized to enforce the Vehicle Code in private parking lots within the City as it pertains to spaces marked for the handicapped. The item was referred to the City staff for review and report. 358 RE: PUBLIC HEARING - GENERAL PLAN AMENDMENT - PROPOSED ADDITION OF RECREATION AND PARK ELEMENT P75-5 - FILE 115 Mayor Bettini opened the public hearing. Planning Director Hotchner presented the staff report. Council and received copies of the report, Planning Commission minutes and resolution recommending approval of addition of the Recreation and Park Element to the General Plan. There were no speakers from the audience and Mayor Bettini closed the public hearing. i Motion by Councilman Jensen, second by Councilman Miskimen and unanimously carried, that the Council certify the Environmental Impact Negative Declaration and adopt the amendment by resolution. RESOLUTION NO. 5167 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE GENERAL PLAN BY ADDING A RECREATION PARKS ELEMENT AND FINDING THAT A NEGATIVE DECLARATION IS APPROPRIATE AYES: COUNCILMEM: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1233 MODIFYING THE BUSINESS LICENSE ORDINANCE - FILE 9-10 CHARTER ORDINANCE NO. 1233 - An Ordinance of the City of San Rafael amending the Business License Ordinance, Chapter 10.04 of the Municipal Code, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION OF ORDINANCE NO. 1234 CONCERNING FALSE ALARMS - FILE 9-10-2 x 9-3-30 Several representatives from the Alarm Companies spoke against the proposed fees. Mr. Jerry Hallett, representing a Committee from the Industry working in conjunction with the Police Department, reported a reduction of 30 to 40% in false alarms in the last two weeks and asked additional time before imposing fees. Councilman Miskimen moved that final adoption be continued for sixty days. The motion was seconded by Councilman Jensen and carried unanimously. RE: FINAL ADOPTION OF ORDINANCE NO. 1235 PERMITTING CERTAIN FEES TO BE SET BY RESOLUTION - FILE 9-10-2 An objection to the fee of 40 cents a page for copy work was discussed by the Council and the staff was instructed to furnish a report of the City's cost. A motion by Councilman Mulryan that the charge of copy work shall be 15 cents a sheet for San Rafael residents was seconded by Councilman Nixon and unanimously carried. CHARTER ORDINANCE NO. 1235 - An Ordinance of the City of San Rafael Amending Various Sections of the Municipal Code to Permit the Establishment of Fees, Service Charges and Taxes by Resolution of the San Rafael City Council, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: FINAL ADOPTION,OF ORDINANCE NO. 1236 MODIFYING PARKING METER TIMES AND CHARGES - FILE 9-10-2 x 11-8 x 11-18 CHARTER ORDINANCE NO. 1236 - An Ordinance of the City of San Rafael Amending certain Sections of Title 5, Chapter 60 of the Municipal Code Pertaining to Rates for Parking Meters, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: *** SEE BELOW RE: FINAL ADOPTION OF ORDINANCE NO. 1237 AMENDING PAWNBROKER ORDINANCE - FILE 9-3-30 CHARTER ORDINANCE NO. 1237 - An Ordinance of the City of San Rafael Repealing and Reenacting Section 10.20.090 - Return of Property to Rightful Owner - of the San Rafael Municipal Code, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: LETTER FROM COMMITTEE OF RETIRED CITY EMPLOYEES - FILE 7-9 Mr. Francis S. Rodgers, Chairman of the Committee for the City Retirees, presented a request for an actuarial survey to secure the necessary data to include retired employees in the County Plan. On motion by Councilman Mulryan, second by Councilman Miskimen, the Council unanimously authorized the proposed actuarial study. RE: PROPOSED CALTRANS TRAFFIC SAFETY PROJECT - SIGNAL MODIFICATIONS AT IRWIN AND SECOND STREETS - FILE 11-10 Motion by Councilman Mulryan, second by Councilman Nixon and unanimously carried, to approve the AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 359 staff recommendation to endorse the proposed project and authorize the expenditure of $4,500 from budgeted funds for the City's share of the project. RE: COMMUNICATION FROM CALIFORNIA DEPARTMENT OF TRANSPORTATION REGARDING SIX-YEAR PLANNING PROGRAM AND REPORT ON SENATE BILL 100 - FILE 11-16 x 116 After presentation of the staff report and discussion of the program, the Council accepted the report as submitted and, on motion by Councilman Nixon, second by Councilman Jensen, unanimously instructed the staff to send a letter to the State setting forth once again the tremendous problem the City has in planning and development of the Francisco Boulevard East area, and requesting some notice from the State as to when they expect to widen Highway 101, with the hope that the widening would be in- cluded in the six-uear plan. RE: COMMUNICATION FROM COUNTY OF MARIN PLANNING DEPARTMENT REGARDING UPDATING OF COOPERATION AGREE- MENT ON HOUSING AND COMMUNITY DEVELOPMENT ACT - FILE 147 x 4-13-38 RESOLUTION NO. 5168 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With County of Marin) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Councilman Nixon was appointed Alternate Representative to serve on the Priority Setting Committee. RE: DISCUSSION OF APPOINTMENT OF SEISMIC REVIEW BOARD - FILE 9-2-26 This item was continued at the request of staff. RE: REQUEST OF MARIN YACHT CLUB REGARDING SEISMIC REVIEW WAIVER - FILE 10-2 This item was continued at the request of representatives of the Marin Yacht Club, as they were unable to attend this meeting. RE: SETTING OF TAX RATE FOR FISCAL YEAR 1976/1977 - FILE 9-12-1 A staff report was presented and the Council discussed the increase in assessed valuation in relation to the tax rate. RESOLUTION NO. 5169 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1976-77 ($1.00 for the City of San Rafael) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None RESOLUTION NO. 5170 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1976-1977 ($ .96 for the Terra Linda Annexation area and San Rafael Meadows Annexation area) AYES: COUNCILMEN: Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen and Miskimen ABSENT: COUNCILMEN: None RE: REPORT ON CHARTER AMENDMENT, LOCAL 2208 IAFF - FILE 101 x (1-1) City Clerk Grady advised that the petition has been transmitted to the County Registrar of Voters for verification of the signatures. The Council accepted the report as submitted. RE: NON -AGENDA ITEM - REQUEST FROM ROBERT H. GREENE - FILE 12-5 The City staff was instructed to schedule Mr. Green's proposal for development of the Pickleweed Park area on the Agenda for the meeting of September 7, 1976. RE: NON -AGENDA ITEM - REQUEST FOR REPORT ON POLICE PROBLEMS IN TERRA LINDA - FILE 9-3-30 At the request of Mayor Bettini, the staff was instructed to furnish a report as to what is being done to curtail existing problems in the Terra Linda area. The Council moved to Executive Session to discuss Litigation and Property Acquisition. The Council adjourned to Monday, August 23, 1976, at 7:30 p.m. for interviews of applicants for the Parks and Recreation Commission. +� MARION A. GRADY, Ci y Clerk;/ APPROVED THIS DAY OF 1976. �/ &_ lato MAYOR 0F THE C 4 N AFAEL 360 In the Council Chambers of the City of San Rafael, Monday, August 23, 1976, at 7:30 P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: INTERVIEW OF PARKS AND RECREATION COMMISSION APPLICANTS - FILE 9-2-4 The Council met in Room 201 and conducted interviews of applicants for the Parks and Recreation Com- mission. Applicants were Edmund A. Douggan, Bruce E. Egnew, Lynn Monroe, Jeffrey J. Stahl and Patricia Trosclair. Jane Teitelbaum had been interviewed previously. A motion by Councilman Mulryan to appoint Mr. Bruce E. Egnew to fill the existing vacancy on the Parks & Recreation Commission for a term to expire October, 1978, was seconded by Councilman Jensen and unanimously carried. The Council adjourned to act as the Redevelopment Agency. Following the Agency meeting, the Council FILE 1-1 reconvened to discuss the petition received from the San Rafael Firemen's Local 2208 and ask the opinion of the City Attorney as to appropriate City action. City Attorney Connick's recommendation was that no action be taken by the City Council prior to action by the County Registrar of Voters who presently has the petition. A motion by Councilman Mulryan to authorize the City staff to attempt to have the County Clerk's office, under contract with approval of the Board of Supervisors, make a determination as to the validity of the circulation of the petition, was seconded by Councilman Jensen and unanimously carried. The staff was also instructed to direct a communication to District Attorney Bruce Bales asking the status of the matter relating to criminal charges. The Council adjourned to the next regular meeting scheduled on September 7, 1976. MARION A. GRADY, City Clerk,/ APPROVED THIS DAY OF e AO VVId �Gza 44aOA MAY -OR -OF THE CIT OF SA AEL 1976. 361 In Room 201 of the City Hall of the City of San Rafael, Wednesday, August 25, 1976 at 8:30 a.m. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Also Present: William J. Bielser, City Manager; Renee J. Burdisso, Deputy City Clerk; Harry A. Con - nick, City Attorney. IThe San Rafael City Council met in open session to confirm the appointment of Special Counsel for Charter Amendemnt Litigation. Motion by Councilman Nixon, second by Councilman Jensen, to appoint Richard Breiner. AYES: COUNCILMEN: Jensen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mulryan 9-. -;6'RENEE J. BURD� S , Depu y City Clerk APPROVED THIS , DAY OF i 1-2 le, 1976. &4vi MAYOR OF THE CIT OF SAN AFAEL r-111 362 In the Council Chambers of the City of San Rafael, Tuesday, September 7, 1976 at 8:00 p.m. Regular Meeting: Present: Lawrence E. Mulryan, Acting Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Marion A. Grddy, City Clerk; Harry A. Connick, City Attorney. RE: REPORT ON HANDICAPPED PARKING SPACES REQUEST - FILE 13-1 Mrs. Louise Sousa's request for City enforcement of handicapped parkijg spaces and the staff report by Public Works Director Caillouette and Traffic Engineer Gerth were discussed. A motion by Councilman Jensen to provide properly identified spaces for handicapped persons in public parking lots and refer the matter to the Traffic Advisory Committee for a staff report at the next meeting, was duly seconded and carried unanimously. A motion by Councilman Miskimen, second by Councilman Nixon, to direct staff to (1) prepare an appro- priate addition to the Municipal Code which would allow designation of on -street parking areas for handicapped persons and citation of improperly parked vehicles and (2) inform the principal private parking lot owners of the City's action and give them a copy of the applicable ordinance, suggesting that they take similar steps, carried unanimously. RE: CONSENT CALENDAR Motion by Councilman Miskimen, second by Councilman Nixon, to approve the recommended action of the following Consent Calendar items: Item Approval of Minutes of Regular Meeting of August 16, Adjourned Regular Meeting of August 23, and Special Meeting of August 25, 1976. Claim for Damages, Geraldine Nelson, Claimant, Claim No. 3-1-243. Claim for Damages, Hilda Joseph, Claimant, Claim No. 3-1-244. Request for Extension of Payment of Business License Fees and Waiver of Penalties - The Secretariat (File 9-10-2) Appeal of Planning Commission Decision - Two -Lot Sub- division (s76-19), Mrs. Marvin Gerber, Applicant. (File 10-8) Renewal of Contract for Abandoned Vehicle Program. (File 4-8-16) Communication from Marin County Historical Society. (File 13-14-2) Grant of Easement over Mont Marin Open Space (File 2-14) Report on Dutch Elm Disease in Marin County (File (9-3-40) Recommended Action Approve as submitted. Deny and refer to Insurance Carrier. Deny and refer to Insurance Carrier. Deny. Set Public Hearing for October 4, 1976 at 8:00 P.M. RESOLUTION NO. 5171 - A Resolution of the City Council of the City of San Rafael Autho- rizing the City to enter into a contract with the State of California Highway Patrol for Abandoned Vehicle Abatement Participation and Authorizing the City Manager or his designated representative to sign said Con- tract. Approve request (purchase of plaque for dis- play in the Boyd House for sum of $85) RESOLUTION NO. 5172 - Resolution Authorizing the Signing of a Grant of Easement to Pacific Gas and Electric Company for Installation and Maintenance of Underground and Overhead Elec- trical Lines through the Mont Marin Open Space Area. Accept Report. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP76-52) LCM OPERATION, 2255 FRANCIS BOULEVARD; RICHARD GOTELLI, OWNER; REPRESENTED BY JOHN R. WOLF - FILE 10-5 The Council received a verbal report from Senior Planner Schoetz on the appeal of Planning Commission denial without prejudice until an East San Rafael EIR is finaled. Copies of the letter of appeal, 363 Planning staff report and Planning Commission minutes had been furnished in the Council packet. Acting Mayor Mulryan opened the public hearing. Mr. John Wolf, Appellant and Attorney for the Applicant, asked that the Planning Commission decision be reversed since the operation is located outside the Redevelopment area and his client is asking only for a one-year temporary use. There were no other persons wishing to speak and Acting Mayor Mulryan closed the public hearing. Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried, that the Council determine that this Use Permit (UP76-52) can be acted on prior to completion of the East San Rafael Environmental Impact Report, and the item be returned to the Planning Commission for review on that basis. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION (UP76-56) COFFEE HOUSE/THEATER/DISCO, 882 "B" STREET; JOE BOHANEC, OWNER; ROBERT DOLGIN, REPRESENTATIVE - FILE 10-5 The Council received a verbal report from Senior Planner Schoetz regarding the appeal of Planning Com (mission denial of the Use Permit application which has since been amended to exclude live music. Council had received copies of the letter of appeal asking consideration of the revised proposal, !Planning staff report, Planning Commission minutes and two letters from adjacent property owners with drawing objection to the application as amended to exclude the proposed Discotheque featuring live music. BALANCE OF MEETING NOT RECORDED DUE TO TAPE MALFUNCTION Acting Mayor Mulryan opened the public hearing. Mr. Robert Dolgin, representing the Owner, stated that he wished to eliminate the live music aspect of the proposal. There were no other speakers and the public hearing was closed. A motion by Councilman Nixon that the item be referred back to the Planning Commission for considera- tion based on the additional information was seconded by Councilman Miskimen and unanimously carried. RE: PUBLIC HEARING -REZONING (Z76-4) 515 NORTHGATE DRIVE AND 355 LOS RANCHITOS ROAD, INITIATED BY FAITH LUTHERAN CHURCH, REPRESENTED BY ANDREW JAMES RING III - FILE 10-3 Acting Mayor Mulryan opened the public hearing. Council had received copies of the proposed rezoning ordinance, Planning staff report and Planning Commission recommendation that the rezoning be approved. There were no speakers from the audience and the public hearing was closed. An Ordinance amending the Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real ,property from R-1-13 (Single -Family Residential, Minimum Building Site Area 7,500 Square Feet) District to A -P (Administrative -Professional) District, and numbering Charter Ordinance No. 1238, was read, in- troduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: ABATEMENT OF PUBLIC NUISANCE - HOUSEBOAT AT 54 MOORING ROAD, LOUIS YUVAN, HOUSEBOAT OWNER - FILE 3-3 - Acting Mayor Mulryan opened the public hearing. Council had been furnished copies of the staff report and recommendation that Council determine a public nuisance exists, with specific findings, and order the abatement of said nuisance. Mr. Stanley Moore, 42 Mooring Road, represented twelve property owners in supporting Council action to abate the public nuisance. There were no other persons wishing to speak and Acting Mayor Mulryan closed the public hearing. Motion by Councilman Jensen, second by Councilman Nixon and unanimously carried that the Council adop the proposed resolution determining that a public nuisance exists and make specific findings as liste in Items 1 through 7 of Public Works Director Caillouette's memorandum to the Mayor and Council dated ,-. September 7, 1976. RESOLUTION NO. 5173 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING ABATEMENT OF A NUISANCE AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini .� IRE: REPORT ON ROBERT GREENE'S PROPOSAL FOR DEVELOPMENT OF PICKLEWEED PARK AREA - FILE 12-5 The Council accepted a written staff report covering the alternative park proposal for the Canal area Acting Mayor Mulryan advised that there will be notification to the newspapers and all interested groups prior to any Council action on this item. RE: REPORT ON WORKMEN'S COMPENSATION SELF-INSURANCE CLAIMS ADMINISTRATION - FILE 9-6-3 Finance Director/Treasurer Averett referred to his written report and summarized the four proposals received. After a short discussion, the matter was continued and the staff instructed to prepare an analysis outlining liabilities which the City might face in a self-insurance program. c RE: REPORT ON REDEVELOPMENT RELOCATION APPEALS BOARD APPLICATIONS - FILE 9-2-25 x 140 This item was continued until Mayor Bettini is present, since the Board is to be appointed by the Mayor and confirmed by the Council. RE: DISCUSSION OF APPOINTMENT OF SEISMIC REVIEW BOARD - FILE 9-2-26 Following the staff report and discussion, Councilman Nixon moved that the Council approve the staff recommendation that they meet with interested Engineering and Geologist groups in the County to determine those interested in serving on such a committee. The motion was seconded by Councilman Miskimen and carried by the following vote: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini RE: REQUEST OF MARIN YACHT CLUB REGARDING SEISMIC REVIEW WAIVER - FILE 10-2 Senior Planner Schoetz presented the staff report, asking that Council make a determination as to whether Marin Yacht Club's application for rezoning must be analyzed by the Geo -Seismic Review Com- mittee before further processing. Mr. Richard T. Tarrant represented the applicant and asked Council approval to allow the application to proceed through the planning process. i Following discussion, the item was carried over until the City staff can meet with the applicant, applicant's engineer and the City's consultant and attempt to arrive at a satisfactory conclusion. I RE: DISCUSSION OF POLICE MATTERS IN THE TERRA LINDA AREA - FILE 9-3-30 The Council received a comprehensive report from Police Chief Kelly regarding the problems currently being encountered. Mr. Richard Cohen, a Terra Linda resident, addressed the Council stating that in his opinion better lighting around the Terra Linda Recreation Center would help to alleviate the problems. The matter was continued for the staff to meet with Mr. Cohen and report back at the next meeting. RE: NON -AGENDA ITEM - POLICE PROBLEMS ON FRANCISCO BOULEVARD - FILE 9-3-30 Pursuant to complaints from Darrel Bellach, speaking as an individual and as Chairman of the Francisco Boulevard Merchants Committee, and Pauline Haro, Chairperson of the Canal Community Council, regarding the problem of increasing prostitution on Francisco Boulevard and in the Canal area, the staff was authorized to schedule a meeting with the Mayor, City Manager, Police Department and representatives from the two citizens' groups. RE: NON -AGENDA ITEM - REQUEST REGARDING BERMUDA PALMS - FILE 10-2 The staff was instructed to investigate a complaint by Mr. Darrel Bellach regarding concerts currently being held at the Bermuda Palms on Francisco Boulevard and resultant parking problems and property damage to neighboring businesses, and furnish a report at the next meeting. RE: NON -AGENDA ITEM - REQUEST FOR FUNDS, UNDERGROUNDING UTILITIES - FILE 12-18 A request from Mr. Darrel Bellach, Chairman of the San Rafael Beautiful Committee, for consideration of Redevelopment Agency funds for undergrounding utilities on Francisco Boulevard will be scheduled on a later agenda, after a decision has been made on the Downtown Redevelopment proposal presently being considered by the Agency. RE: NON -AGENDA ITEM - REQUEST TO FILE APPLICATION - IRWIN STREET BETWEEN SECOND AND THIRD STREETS - PTI F 15_9 Mr. Bryan McCarthy, representing owners of property on Irwin Street between Second and Third Streets, requested Council authorization to process an application for Environmental Design through the Plann- ing Commission. The staff was instructed to place the matter on the next agenda for Council considera- tion. RE: COMMUNICATION FROM STOL AIR COMMUTER - FILE 12-12 Mr. William J. Connolly, President of Stol Air Commuter, referred to his written request regarding a proposed commuter operation from Smith Ranch Airport to San Francisco Internation Airlines. Mr. Jim Hatfield, Attorney for Smith Ranch Airport, said they will cooperate in whatever action the City takes and asked that they be notified of any meeting when this request is considered. A more detailed presentation of the proposal was scheduled for the meeting of September 20, 1976. RE: SMITH RANCH DEVELOPMENT - PROPOSED ASSESSMENT DISTRICT USING 1915 ACT BONDS - FILE 6-32 Councilman Nixon excused himself due to a possible conflict of interest. Mr. Edwin Ness, Assessment District Counsel, thoroughly reviewed the memorandum of matters to be covered in the proposed agreement between the City of San Rafael and the property owners in the Smith Ranch Assessment District, using 1915 Act bonds. The reasons for using the 1915 Act bonds and the safeguards being recommended were discussed with the staff. 365 A motion by Councilman Miskimen that Council approve the use of 1915 Act bonds for the Smith Ranch Assessment District, emphasizing that this action should not give the impression that the Council is encouraging 1915 Act bonds, was seconded by Councilman Mulryan, and carried by the following vote: AYES: COUNCILMEN: Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Nixon and Mayor Bettini Councilman Nixon returned to the Council Chambers. RE: REQUEST FROM MR. PETER MEYER FOR REVIEW OF ENFORCEMENT PROCEDURES FOR CONTROLLING UNATTENDED DOGS - PTI F 12-1 Mr. Peter Meyer addressed the Council regarding the problem of unattended dogs at the San Rafael High School Miller Field and suggested increased penalties for violations. The City Manager was authorized to discuss the proposed increase of fees with the County of Marin and other cities in the County. RE: REQUEST FOR ALBERT/DAVIDSON MASTER PLAN CONSULTANT TO CONSIDER A SOCCER FIELD - FILE 12-5 The Council agreed to Councilman Nixon's request to support consideration of a Soccer Field at David- son School and the City Manager was instructed to convey this recommendation to the consultant. RE: MARIN COUNTY TRANSIT DISTRICT AND SAN RAFAEL HIGH SCHOOL DISTRICT PROPOSAL TO PROVIDE SUPPLEMENTAL LOCAL TRANSIT SERVICE - FILE 143 Councilman Nixon moved approval of the staff recommendation to support the limited bus service as proposed on a temporary basis for a period of one year. The motion was seconded by Councilman Mis- kimen and carried unanimously. RE: COMMUNICATION FROM MR. JOHN GOVI REGARDING PARKS AND RECREATION COMMISSION - FILE 9-2-4 The Council discussed Commissioner Govi's request for consideration for reappointment and asked that he be scheduled for an interview along with any other applicants, in accordance with Council policy. RE: REQUEST FOR COUNCIL APPROVAL OF THE FOLLOWING PROPOSED PROJECTS: PAVEMENT MARKING DEMONSTRATION PROGRAM FEDERAL AID SECTION 205), SAFER ROADS DEMONSTRATION PROGRAM FEDERAL AID SECTION 230), AND TRAFFIC SIGNAL TIMING PROGRAM APPLICATION FOR GRANT FROM CALIFORNIA OFFICE OF TRAFFIC SAFETY - FILE 11-15 x 11-10 Motion by Councilman Miskimen, second by Councilman Nixon and unanimously carried, to authorize the staff to make application for funding and approval for these projects under the various Federal pro- grams. RE: REPORT ON ST. ISABELLA'S OPTION - FILE 2-1-47 A motion by Councilman Jensen to accept the staff recommendation and terminate the option was seconded by Councilman Miskimen and unanimously carried. RE: EXECUTIVE SESSION The Council moved to Room 201 for an Executive Session to discuss pending litigation and property ac- quisition. Council adjourned to the next regularly scheduled meeting on September 20, 1976. MARION A. GRADY, City Clerk APPROVED THIS DAY OF �J ,-, , /._1976. LAWRENCE E. MULRYAN, Acting Mayor 36 In the Council Chambers of the San Rafael City Hall, Monday, September 13, 1976, at 10:30 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk. RE: REVIEW OF PRIORITY LIST FOR FUNDING CONSIDERATION UNDER THE ACCELERATED PUBLIC WORKS PROGRAM - FILE 9-3-40 City Manager Bielser presented a list of nine proposed projects for Public Works Improvement Act of 1976. Assistant to the City Manager Meador reviewed the process involved in applying for the Federal funding. The staff was authorized to include in the list of projects a Soccer Field at Davidson School. RESOLUTION NO. 5174 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING APPLICATION FOR CERTAIN PROJECTS UNDER THE FEDERALLY FUNDED ACCELERATED PUBLIC WORKS PROGRAM AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN ALL RELATED DOCUMENTS AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None A motion by Councilman Jensen to rescind any and all budget appropriations relating to any of the proposed projects available for funding consideration under this accelerated public works program. The City Council adjourned. MARION A. GRADY, City Clerk APPROVED THIS DAY OF MAY;R OF THE CITY SAN RAFAEL 1976. 367 --- In the Council Chambers of the City of San Rafael, Monday, September 20, 1976, at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Acting Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Jack G. Nixon, Councilman Absent: C. Paul Bettini, Mayor Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: CONSENT CALENDAR Motion by Councilman Miskimen, second by Councilman Nixon, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of Regular Meeting of September Approve as submitted. 7, 1976 and the Special Meeting of September 13, 1976. Claims for Damages - Deny and refer to Insurance Carrier. (a) George Walser, Claimant, Claim 3-1-254 (b) Lannon Stanley, Claimant, Claim 3-1-255 Communication from E1 Marinero Chapter of Daughters RESOLUTION NO. 5188 - A Resolution Proclaiming of the American Revolution. (File 110) the Week of September 17 through September 23, 1976 as Constitution Week. Report on Request of Mr. Cohen. (File 9-3-30) Gerber Annexation. (File 5-2-71) Accept enclosed report. RESOLUTION NO. 5175 - A Resolution of the City of San Rafael for Annexation to the City of San Rafael of Unincorporated Territory Lying Ad- jacent thereto Designated as "Gerber Annexation'[ AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION GASOLINE PRICES AND A FREESTANDING SIGN, 1515 SECOND ST TOM THATCHER, REPRESENTATIVE - FILE 10-11 SR76-56) ALTERNATIVE LOCATION FOR IPPINGER & MARCHISIO OWNER; Acting Mayor Mulryan opened the public hearing. Planning Director Hotchner presented the staff report. Council had been furnished copies of the letter of appeal, staff report recommending denial, and Planning Commission minutes. Notices had been posted on the property and mailed to surrounding prop- erty owners. Mr. Tom Thatcher, Appellant, advised that the Bubble Machine has recently changed its marketing polic requiring the requested signing changes and asked favorable Council consideration. Acting Mayor Mulryan closed the public hearing. The problem was discussed with the staff and Councilman Nixon moved, second by Councilman Miskimen, that the Planning Commission decision be sustained, with the exception that a temporary sign be per- mitted for a period of sixty days from October 1, 1976. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: APPEAL OF PLANNING COMMISSION DECISION (SR76-56) ADJUSTMENT FOR BUSINESS SIGN, 150 MERRYDALE SHAUN WILTSHIRE, OWNER; TOM THATCHER, REPRESENTATIVE - FILE 10-11 Acting Mayor Mulryan opened the public hearing. A staff report was presented by Planning Director I Hotchner. The Council had received copies of the letter of appeal, staff report recommending denial, and Planning Commission minutes. Notices had been posted on the property and mailed to surrounding property owners. j Mr. Tom Thatcher, Appellant, asked approval of the existing identification sign (approved under County standards prior to annexation) with the copy changes requested, as he felt it is a unique site and his company would suffer a real hardship if the requests is denied. Mr. William Walker of the Las Gallinas Improvement Club spoke in opposition to the request. Planning Commissioner Rodriques explained his dissenting vote when the application was denied by the Commission and expressed the hope that the sign would not have to be taken down. Acting Mayor Mulryan closed the public hearing. Motion by Councilman Miskimen, second by Councilman Jensen, that the Planning Commission decision be sustained, with the exception that a temporary sign be permitted for a period of sixty days from October 1, 1976. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REPORT ON PARKING SPACES FOR HANDICAPPED - FILE 13-1 A staff report was presented by Public Works Director Caillouette and Traffic Engineer Gerth. Mrs. Louise Sousa read a letter from Guide Dogs for the Blind indicating they have no objection to wheel- chair ramps in San Rafael. Mrs. Sousa's request for City participation in parking space designation and enforcement in private parking lots was discussed. An Ordinance of the City of San Rafael Amending Section 5.44.020 -"Curb Markings to Indicate no Stopping and Parking Regulations" of the San Rafael Municipal Code by adding Subsection (5) thereto, and number- ing Charter Ordinance No. 1239, was read, introduced and ordered passed to print by the following vote, r to wit: AYES COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5176 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE DESIGNATION OF HANDICAPPED ONLY PARKING STALLS PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 22511.7 AND 22511.8 AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RESOLUTION NO. 5177 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE REMOVAL OF ILLEGALLY PARKED VECHICLES IN PARKING STALLS ON CITY PROPERTY DESIGNED FOR THE EXCLUSIVE USE BY PHYSICALLY HANDICAPPED PERSONS AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILEMN: None ABSENT: COUNCILMEN: Mayor Bettini The Council approved the letter submitted regarding the designation of "Handicapped Only" parking stalls on public and private property, and authorized Traffic Engineer Gerth to send it to the major parking lot owners/operators in San Rafael. RE: REPORT ON WORKER COMPENSATI SELF INSURANCE - FILE 9-6-3 The Council received and discussed Finance Director Averett's report. The matter was carreid over to the next meeting for additional information from the staff. RE: REPORT ON BERMUDA PALMS USE PERMIT - FILE 10-2 The Council received a written report from Planning Director Hotchner. The matter was discuxxed with staff and the City Attorney. The staff was instructed to furnish specific information to the City Attorney who will present his legal opinion at a later meeting. RE: FINAL ADOPTIONN OF ORDINANCE NO. 1238, REZONING 515 NORTHGATE DRIVE AND 355 LOIS RANCHITOS ROAD - FILE 10-3 CHARTER ORDINANCE NO. 1238 - 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 R -1-B-1 (Single Family Residential, Minimum Building Site Area 7,500 Square Feet) District to A -P (Administrative -Professional) District, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: APPOINTMENT OF REDEVELOPMENT RELOCATION APPEALS BOARD - FILE 9-2-25 x 140 Acting Mayor Mulryan appointed Virginia Carol Dunn, Gene A. Foppiano, Jed Gladstein, Mary Lou Jacobson, and Fred Temps to serve on the newly created Relocation Appeals Board. On motion by Councilman Nixon, second by Councilman Miskimen, the Acting Mayor's appointments were unanimously ratified. RE: DISCUSSION OF PICKLEWEED PARK ALTERNATIVES - FILE 12-5 This item was on the agenda at the request of Councilman Miskimen because of recent meetings which led to agreement on a revised park proposal. Pauline Haro, representing the Canal Community Council, and Robert Greene, representing the Newport Homeowners Association, outlined the changes in the original proposals resulting in the revised proposal. Park expansion, limited parking and construction of park facilities, elimination of County funding and increase of Redevelopment funds were items included in the discussion. Councilman Mulryan moved that the Council authorize the City staff to prepare cost estimates on the 369 revised proposal as outlined and report at the next meeting. The motion was seconded by Councifiman Miskimen and unanimously carried. RE: SMITH RANCH ASSESSMENT DISTRICT NO. 1 - FILE 6-32 (Councilman Nixon was excused due to possible conflict.) Mr. Edwin Ness, Assessment District Counsel, reported on the two Assessment District procedure propos�d, using 1911 Act bonds. The Council then took the following action: Memorandum of Matters to be Covered in Proposed Agreement between the City of San Rafael and the Pro erty Owners in Smith Ranch Assessment Districts was filed. Petition was filed. Boundary Map was filed. Certificate of Gonzalez & Oberkamper Civil Engineers, Inc. certifying as to signatures to petition was filed. -Motion by Councilman Miskimen, second by Councilman Jensen, to adopt the four proposed resolutions, subject to tentative changes in the agreement with the Engineer of record. RESOLUTION NO. 5178 - RESOLUTION APPROVING BOUNDARY MAP AYES: COUNCILMEN: Jensen, Miskimen, and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 5179 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini -- iRESOLUTION NO. 5180 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT (Gonzalez & Oberkamper Civil Engineers, Inc. AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 5181 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT (Sturgis, Ness & Brunsell) AYES: COUNCILMEN: Jensen, Miskimen, and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: SMITH RANCH ASSESSMENT DISTRICT NO. 2 - FILE 6-33 The Council received a report from Mr. Edwin Ness, Assessment District Counsel, and t000k the following action: Petition was filed. Boundary Map was filed. Certificate of Gonzalez & Oberkamper Civil Engineers,Inc. certifying as to signatures to petition wafsi'led. Motion by Councilman Miskimen, second by Councilman Jensen, to adopt the four proposed resolutions, subject to tentative changes in the agreement with the Engineer of record. RESOLUTION NO. 5182 - RESOLUTION APPROVING BOUNDARY MAP AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 5183 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, SMITH RANCH ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RESOLUTION NO. 5184 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT (Gonzales & Oberkamper Civil Engineers, Inc. AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini 370 RESOLUTION NO. 5185 -RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT (Sturgis, Ness & Brunsell) AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: COMMUNICATION FROM STATE FAIR POLITICAL PRACTICES COMMISSION - FILE 9-4-2— Motion by Councilman Miskimen to approve the addition of a definitions section to the Conflict of In- terest Code for the San Rafael City Council, as requested by the Fair Political Practices Commission; second by Councilman Jensen. RESOLUTION NO. 5189 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 5144 BY ADDING SECTION 5, DEFINITIONS, TO CONFLICT OF INTEREST CODE AYES: COUNCILMEN: Jensen, Miskimen and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Mayor Bettini RE: COMMUNICATION FROM SAN RAFAEL CHAMBER OF COMMERCE REGARDING CHRISTMAS DECORATIONS - FILE 119 This item was continued to October 4, at which time the City staff will present an estimate of main- tenance costs which may be involved. Councilman Nixon returned to the Council Chambers. ,RE: COMMUNICATION FROM SAN RAFAEL SANITATION DISTRICT REGARDING COMPOSTING - FILE 12-7 The Council accepted the communication with the consensus that no action was required. RE: DISCUSSION OF OPEN SPACE ACgUISITION - FILE 13-14-1 'This item was on the agenda at the request of Councilman Nixon. Since any decision would involve prop- e rty acquisition, the matter was continued to the meeting of October 4, 1976 to be taken up in an Session RE: REVIEW OF RECREATION DEPARTMENT POLICIES - FILE 9-3-65 This item was on the agenda at the request of Councilman Nixon. Motion by Councilman Nixon that the Parks & Recreation Commission prepare for the Council its recommenda- tion for a statement of specific goals for the recreation program and precise policies to support those goals. This study should answer such questions as (and this is not an exclusive list): 1) What is the proper function of the San Rafael Recreation program? 2) What are the strenghths and weaknesses of our department and where can they be improved? 3) What types of demands for recreational services do we currently have and what trends can be expected in the future? 4) Can other institutions better serve some of these demands? If so, who are they and what are the reasons why they can do so? 5) Where does unnecessary duplication exist and what should we do about it; i.e., drop a program or ask others " to drop a program? 6) What can we do to facilitate the programs of volunteer organizations rather that start or continue our own? and 7) Not a question but a comment; included in the recommendations should be the outline of a feedback system to monitor the effectiveness and/or the necessity of our programs. The motion was seconded by Acting Mayor Mulryan. After discussion, the motion was tabled to the next meeting. The Parks & Recreation Director was in- structed to report as to any issues and policies he would like the Commission to consider. The Council members were also invited to offer suggestions for consideration. RE: APPEAL OF PLANNING DIRECTOR'S DECISION REGARDING BURGER KING APPLICATION - FILE 10-2 This item was continued to October 4, 1976 at the request of the applicant. RE: CITY MANAGER -MAYOR/ COUNCILMEN TEAM DEVELOPMENT WORKSHOP - FILE 9-1 x 9-3-11 City Manager Bielser presented information on the workshop scheduled in Watsonville, California, November 11-13, 1976 and polled the Council members as to attendance. (Councilman Miskimen left the Council Chambers) REPORT ON PROPOSED LEAGUE OF CALIFORNIA CITIES HEADQUARTERS BUILDING - FILE 9-11-1 On motion by Councilman Nixon, second by Councilman Jensen, Mayor Bettini (the City's voting delegate to the League of California Cities annual conference) was authorized to vote for the change in the by-laws of the League to provide for construction of a headquarters in Sacramento and to approve the proposed Building Assessment Schedule. RE: SESSIONS RISE CONDOMINIUM - FILE 5-1-231 Motion by Councilman Jensen, second by Councilman Nixon to approve by resolution the Final Resubdivision Map and to approve the Agreement with Property Owners as recommended. RESOLUTION NO. 5186 - RESOLUTION APPROVING FINAL MAP ENTITLED "RESUBDIVISION, SESSIONS RISE, A CONDOMINIUM" 371 AYES: COUNCILMEN: Jensen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini �.� RE: ORDINANCE REPEALING CHAPTER 8.14 OF MUNICIPAL CODE, CONDEALED WEAPONS - FILE 13-8 (Councilman Miskimen returned to the Council Chambers) An Ordinance of the City of San Rafael Repealing Chapter 8.14 - Concealed Weapons - of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1240,was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: REQUEST REGARDING SOFTBALL LEAGUE - FILE 9-3-65 The request that Meri Hayos be allowed to participate on the Bungalonies Softball Team, as the first female in the City's C-5 Men's Softball League, was presented by Mr. Michael McLennan, Manager, and Mr. Michael Kelly, Attorney for Mr. McLennan and Miss Hayos. Mr. Kelly asked that the rule be waived at least for the balance of the season before referral to the Parks & Recreation Commission as recom- mended by the City Manager. The Council received a legal opinion from the City Attorney and discussed the matter. A motion by Councilman Nixon that Miss Hayos be permitted to play for the remainder of this season and the matter be referred to the Parks and Recreation Commission for a careful policy decision recommendation prior,t to the beginning of next season was seconded by Councilman Miskimen, and carried by the following vote: AYES: COUNCILMEN: Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Mayor Bettini RE: COMMUNICATION FROM GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT - FILE 112-2 The Council discussed the communication regarding additional bus facilities, as well as the cost of street and sidewalk cleaning in the vicinity of 4th and Netherton. The staff was authorized to con- vey to the District the Council's opposition to any expansion of on -street bus terminal facilities and encourage purchase of an off-street terminal site. In regard to maintenance costs, the Council was in agreement that there should be no change in present procedure. RE: NON -AGENDA ITEM - SCHEDULING OF INTERVIEWS FOR CHIEF OF POLICE - FILE 9-3-30 The City Manager was authorized to arrange interviews for the finalists, tentatively at 9:00 a.m. Saturday, October 2, 1976. The Council unanimously authorized a request to the Marin County Board of Supervisors that they del the appointment of Chief Kelly as Undersheriff until November 1, to provide for the ncessary con- tinuity. RESOLUTION NO. 5187 - RESOLUTION OF APPRECIATION TO LAWRENCE R. KELLY FILE 102 AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Acting Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini RE: NON -AGENDA ITEM - CITY COUNCIL MEETING SCHEDULE - FILE 9 -1 - The Regular meeting of October 18, 1976 was cancelled as there will not be a quorum present. RE: EXECUTIVE SESSION The Council moved to Executive Session to discuss property acquisition and litigation The Counil adjourned to the next regularly scheduled meeting on October 4, 1976. MARION A. GRADY, City Clerk CJ APPROVED THIS �' / DAY OF �� �b �' 1976. • - MAl"OR OF THE CITY OF SAN RA AEL Acting Mayor 372 In the Council Chambers of the City of San Rafael, Monday, October 4, 1976, at 8:00 P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Absent: John A. Miskimen, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney RE: PARKS AND RECREATION COMMISSION - FILE 9-2-4 Mayor Bettini announced that the Council had met in Executive Session and Mr. John Govi had submitted a letter of resignation. Motion by Councilman Mulryan and second by Councilman Nixon to accept the resignation of John Govi and Norma Wall with appreciation for their services, and appoint Jeffrey Stahl and Jane Teitelebaum to the Parks and Recreation Commission. RE: CONSENT CALENDAR Motion by Councilman Mulryan, second by Councilman Nixon, to approve the recommended action of the following Consent Calendar items: Item Recommended Action Approval of Minutes of Regular Meeting of September 20, Approved as submitted. 1976. Report on Bid Opening - Sidewalk and Driveway Replacement -RESOLUTION NO. 5190 - Resolution of Award 1976. File 4-1-249. of Contract. (Valentine Corporation) Claims for Damages - Deny and refer to Insurance Carrier. (a) Lionel White, Claimant, Claim 3-1-249 (b) Larry Striplin, Claimant, Claim 3-1-250 (c) Harold Coo, Claimant, Claim 3-1-253 Resolution Supporting the Separation of Fiscal Officers RESOLUTION NO. 5191 - A Resolution of the and City Clerks into Two Departments and the League of City County of the City of San Rafael California Cities. q- 3 - Supporting the Separation of Fiscal Officers & City Clerks into Two Departments of the League of California Cities. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION - UP 76-63 AMENDMENT TO USE PERMIT ISSUED BY COUNTY FOR BUBBLE MACHINE CAR WASH AND GAS STATION, 150 MERRYDALE ROAD, SHAUN WILTSHIRE, OWNER: THOMAS THATCHER, REPRESENTATIVE - FILE 10-5 Mayor Bettini opened the Public Hearing. Planning Director Hotchner presented the staff report, Council had been furnished copies of the letter of appeal, staff report recommending denial and ex- tract from Planning Commission Minutes of August 24, 1976. Mr. Tom Thatcher, representative of Bubble Machine Car Wash requested two changes: 1) Extended hours of car wash - 1 hour earlier in the morning and two hours longer in the evening. 2) Twenty-four hour service on the gasoline portion of the business. Mr. John Chambers of 127 Merrydale Road and Mrs. Marie Elliott of 159 Merrydale Road spoke in opposi- tion of the twenty-four hour service because of the noie and disturbance caused by the cleaning pro- cess which goes on into the early morning hours. Mr. William Walker, President of the Board of Directors of the San Rafael Meadows Improvement Club also opposed the twenty-four hour service. The residents found the car wash was incompatible with the residential use on the opposite side of Merrydale Road and asked the Council to give considera- tion to a change of zoning on the west side of the road if the character of the area is going to be changed. Mr. Tom Thatcher, Vice President of the Bubble Machine submitted a letter withdrawing his appeal of the car wash hours and requested only the granting of the twenty-four gas operation. Mayor Bettini closed the public hearing after Council's discussion. It was moved by Councilman Jensen, second by Councilman Nixon that the appeal be denied and the Plann- ing Commission action sustained. AYES: COUNCILMEN: Jensen, Nixon, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 373 RE: PUBLIC HEARING - SMITH RANCH ASSESSMENT DISTRICT NO. 1 AND SMITH RANCH ASSESSMENT DISTRICT No. 2 - FILE 6-32 & 6-33 Mr. Ness requested these hearings be put over du to the illness of Councilman Miskimen and Council- man Nixon's preparing to absent himself due to a possible conflict of interest. A 4/5 vote of the Council is needed. The matter of the conflict of interest was discussed and it was agreed that there has been a thorough discussion and the Council has previously made the decision to move ahead with the project. Councilman Nixon asked that a motion be made stating this is no more than a routine iter) at this time with no judgement involved and therefore, there is no conflict of interest. Councilman Mulryan moved that the matter was not discretionary and not one in which they would have to exercise judgement as the policy decisions were already made. The eligible Councilmen present had decided there is no conflict of interest and as a matter of convenience they allow Councilman Nixon to vote. AYES: COUNCILMEN: Jensen, Mulryan, Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon and Miskimen Mayor Bettini declared the public hearing on Smith Ranch Assessment District No. 1 open. There being no one present wishing to discuss the matter, the public hearing was closed and the Council took the following action: RESOLUTION NO. 5192 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 5193 - RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF COUNTY OF MARIN AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 5194 - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN SMITH RANCH ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen Mayor Bettini declared the public hearing on Smith Ranch Assessment District No. 2 open. There being no one present wishing to discuss the matter, the public hearing was closed and the Council took the following action: RESOLUTION NO. 5195 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN SMITH RANCH ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 5196 - RESOLUTION DIRECTING FILING OF BOUNDARY MAP WITH COUNTY RECORDER OF COUNTY OF MARIN AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RESOLUTION NO. 5197 - RESOLUTION OF INTENTION IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN SMITH RANCH ASSESSMENT DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen : FINAL ADOPTION OF ORDINANCE NO. 1239, PARKING SPACES FOR HANDICAPPED - File 13-1 CHARTER ORDINANCE NO. 1239 - An Ordinance Amending Section 5.44.020 "Curb Markings to Indicate No Stopping and Parking Regulations" of the San Rafael Municipal Code by Adding Subsection (5) thereto 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 374 RE: FINAL ADOPTION OF ORDINANCE NO. 1240, ORDINANCE REPEALING CHAPTER 8.14 OF MUNICIPAL CODE, CONCEALED WEAPONS - FILE 13-8 CHARTER ORDINANCE NO. 1240 - An Ordinance of the City of San Rafael Repealing Chapter 8.14 - Concealed Weapons - of the San Rafael Municipal Code was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: COST OF REPORT ON PICKLEWEED PARK - FILE 12-5 After discussion of the cost estimate for improvements to Pickleweed Park prepared by City Manager Bielser it was moved by Councilman Nixon, second by Councilman Mulryan to direct the staff to enter into negotia- tions with the property owners to attempt to achieve an acceptable price. The matter is to be discussed in Executive Session. AYES: COUNCILMEN: Jensen, Mulryan and Nixon NOES: COUNCILMEN: Mayor Bettini ABSENT: COUNCILMEN: Miskimen RE: MARIN YACHT CLUB DEVELOPMENT - PROPOSED SEISMIC REVIEW CONSULTANT - FILE 10-2 This item was continued to the Council meeting of November 1, 1976. RE: REPORT ON ALBERT PARK CONCEPTUAL MASTER PLAN - FILE 4-3-66 It was requested by City Manager Bielser that the plan be referred to the Parks and Recreation Com- mission and the Board of Education for review and comment back to the Council for the November 1 City Council meeting, so that the architect can be instructed on how to proceed. RE: CHAMBER -OF COMMERCE CHRISTMAS DECORATIONS PROGRAM - FILE 119 x 4-10-91 The Mayor indicated the City is allowed, by law, to donate no more than $1,000 for any type of pro- motional enterprise. Councilman Mulryan moved, second by Councilman Jensen to give the $1,000 to the Chamber of Commerce for the decorations but with the stipulation that the concerned parties form a more organized program. RESOLUTION NO. 5198 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. ** vote: see bottom of page RE: REQUEST OF MR. DOUGLAS COWAN REGARDING BURGER KING - FILE 10-2 The Council considered the report of City Manager Bielser summarizing the events of the past one and one half years toward acquisition of the planned commuter parking lot between Second and Third Streets under US 101 Viaduct. Also discussed was the cost/revenue estimate on the lot based on fair market value. After discussion it was moved by Councilman Nixon, second by Councilman Jensen to release the City's interest in the lot. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REQUEST OF STOL AIRCRAFT FOR SCHEDULED SERVICE IN SAN RAFAEL - FILE 12-12 Mr. William J. Connolly, President of Stol Aircraft, addressed the Council. The Council decided a public hearing was in order and the item was continued to November 1, 1976 meeting. RE: DISCUSSION OF RECREATION DEPARTMENT'S POLICIES - FILE 9-3-65 Councilman Nixon re -introduced the motion that the Parks and Recreation Commission prepare a statement of goals and supporting policies for the Recreation Department and suggested they develop answers to the following kinds of questions which are given only as examples: 1. What is the proper role for our Recreation Department? 2. What kinds of recreational activities are we best qualified to provide? 3. What kinds of recreational activities are we least qualified to provide? 4. What types of demand for recreational services currently exist and what trends can be expected in the future? 5. Can other instituions better serve some of these demands? 6. Where does unnecessary duplication exist between ours and other institutions and what should we do about it? 7. What can we do to facilitate programs of volunteer organizations where it is likely that they can do the job better and at less expense to the taxpayer? Motion was second by Councilman Jensen and carried by the following vote: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen After discussion it was agreed the Recreation Department would need four months to complete the report. **AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 375 REPORT ON WORKER COMPENSATION SELF INSURANCE - FILE 9-6-3 ue to absence of Finance Director John Averett, this item was continued to the Council meeting of ovember 1, 1976. RE: DISCUSSION OF OPEC SPACE ACQUISITION - FILE 13-14-1 This item to be discussed in the Executive Session following the regular Council meeting. RE: REQUEST OF BICENTENNIAL COMMITTEE REPRESENTATIVE - FILE 9-2-23 Mrs. Woodring addressed the Council requesting $7,500 to complete the printing of the San Rafael Walk Book as a part of the Bicentennial celebration for the City of San Rafael. It was stated that funds may be availabe from the Redevelopment Fund and it was also suggested that Mrs. Woodring get in touch with the Cultural Affairs Service League. City Manager's staff was directed to work with Mrs. Wood - ring regarding funding. RE: REPORT ON CRIME STATISTICS - FILE 9-3-30 Chief of Police Kelly commented on a recent FBI Crime Report and explained the apparent discrepancies between it and the statistical data furnished by the San Rafael Police Department. RE: REPORT ON NURSERY SCHOOL FEES - FILE 9-3-65 The Council discussed the report on Nursery School Fe % prepared by the Staff of the Parks and Recrea- tion Department, the Director of Finance and the City Manager's office. The report was referred -to the respective groups involved (Tiny Tot, Pixie Pre -School and Pooh Corner) for a review in detail with the staff after which the matter will be heard by the Parks and Recreation Commission. A representative of the Terra Linda Nursery School and the Laurel Dell Nursery School requested that their concern be heard also. RE: ADDITION TO PLANNING DEPARTMENT FEE SCHEDULE - FILE 9-10-2 RESOLUTION NO. 5199 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MASTER FEE SCHEDULE BY ADDING "OVER THE COUNTER PLANNING DEPARTMENT PERMITS" TO THE SCHEDULE AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen This is essentially to recommed a $50 fee instead of $100, which is now charged, for certain permits issued by the Planning Department Staff at the counter. It was moved by Councilman Mulryan, second by Councilman Nixon to adopt a resolution to this effect. RE: CLAIM FOR DAMAGES - WILLIAM SPIRLING-COOK, CLAIMANT - CLAIM NO. 3-1-252 After discussion with City Attorney Connick, it was moved by Councilman Nixon, second by Councilman Mulryan and unanimously carried to settle the claim for an amount of $250. It was moved by Councilman Mulryan, second by Councilman Nixon and unanimously carried that a Letter of Commendation be written to Mr. Spirling-Cook. RE: APPOINTMENT OF CHIEF OF POLICE - FILE 9-3-30 A motion was made to ratify the Council's decision to appoint Mr. effective November 1, 1976. AYES: COUNCILMEN: Nixon, Mulryan and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: Miskimen Frank Benaderet as Chief of Police 'RE: REPORT ON GLENWOOD TENNIS COURT SITE SELECTION - FILE 9-3-65 i _. City Manager Bielser discussed several possible sites which were reviewed by his office and the Publi� Works Department and recommended the Church of the Redeemer as the most desirable site. The staff was authorized to enter into discussions with the church to attempt to draw up an agreement for locati,on of tennis courts on their property. RE. SAN RAFAEL CANAL DREDGING PROJECT BY CORPS OF ENGINEERS - FILE 12- 10) RESOLUTION NO. 5201 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE U.S. ARMY CORPS OF ENGINEERS TO CONSIDER INCLUDING THE DREDGING OF PRIVATE PROPERTY r ALONG THE SAN RAFAEL CANAL IN THE CORPS OF ENGINEER'S MAINTENANCE DREDGING PROJECT AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen ,RE: PROPOSED ADJUSTMENT OF CITY -COUNTY LINES ON POINT SAN PEDRO ROAD - FILE 4-13-14 Council accepted the report of Director of Public Works Caillouette for certain areas along Point San Pedro Road which will result in better defined jurisdictional limits between the City and the County. Staff was directed to pursue the matter and process through LAFCO. 376 - OFF -STREET -PARKING FACILITIES ON SECOND AND THIRD STREETS - FILE 11-15.1 RESOLUTION NO. 5202 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING APPLICATION TO BE MADE TO THE MARIN COUNTY URBAN SYSTEM COMMITTEE FOR FUNDS FOR OFF-STREET PARKING FACILITIES, SECOND STREET AND THIRD STREET, SAN RAFAEL, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEN: Jensen, Nixon, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: REPORT ON BERMUDA PALMS USE PERMIT - FILE - 10-2 City Attorney Connick discussed the agreement netween Chief of Police Kelly and the Alcoholic Beverage Control Department for conditions to be put on liquor licenses issued to people seeking to use Bermuda Palms. The City Attorney is attempting to determine what non -conforming uses exist at this time and will re- port back to the Council at the meeting of November 1, 1976. RE: POLITICAL SIGNS - FILE - 125 Following a report from the City Attorney and discussion by the City Council concerning the constitu- tionality of San Rafael's political sign ordinance it was moved by Councilman Mulryan, second by Councilman Jensen that we act as if the ordinance is constitutional and continue to enforce it. The Council moved into Executive Session to discuss property acquisition. The Council adjourned to the next regular meeting scheduled on November 1, 1976. MARION A. GRADY, City Clerk V APPROVED THIS /s' DAY OF 4,, oc . , lam, , 1976. Com/ 4q=, MAYOR OF THE CIT OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, October 11th, 1976 at 4:30 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 Also Present: City Manager Bielser, City Clerk Grady, City Attorney Connick, Public Works Director Caillouette, City Planning Director Hotchner (for a portion) and Real Estate Officer Ward. The City Council acting as a Redevelopment Agency met in executive session to discuss property acquisition. MARION A. GRADY, City Clerk ; APPROVED THIS /sDAY OF /,), ., t 1976. MAYOR OF THE CITY OF SAN RAFAEL ALL MEMBERS OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, being absent from the regular meeting of said City Council which was to be held on October 18, 1976, at 8:00 p.m.,in the Council Chambers, City Hall, 1400 Fifth Avenue, San Rafael, California, the undersigned hereby orders and declares said meeting adjourned to November 1, 1976 at 8:00 p.m. MARION A. GRADY, City Clerk In the Council Chambers of the City of San Rafael, Monday, November 1, 1976 at 8:00 PM. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clrk; Harry A. Cc City Attorney RE: CONSENT CALENDAR 377 Motion by Councilman Miskimen, seconded by Councilman Mulryan, to approve the recommended action on the following Consent Calendar items: Item Approval of Minutes of Regular Meeting of October 4, 1976 and Special Meeting October 11, 1976. Resolution of Appreciation for Norma Wall of the San Rafael Parks and Recreation Commission. File 102 x 9-2-4 Nursery School Fees Report. File 9-3-65 Albert Park/Davidson School Master Plan. File 4-3-66 Petition for Limited Parking on Laurel Place and Wilkins Street. File 101 x 11-8 Petition for One -Way Street on Laurel Place parallel to Boyd Park. File 101 x 11-14 Notification of Grant Award Regarding Historic Survey. File 13-14-2 Request from Cultural Affairs Commission for Revision of Fees for Falkirk Community Cultural Center. File 9-10.2 Communication from Marin County Planning Depart- ment re Residential Development Review Board. File 10-2 Petition to Pave Terrace Avenue. File 101 x 11-15-1 Grant of Access Easement for Roadway. File 2-4 Grant of Sanitary Sewer Easements. File 2-3 Report on Bid Opening - Peacock Gap Improvements - Tiny Tot Area. File 4-1-250 Resolution of Commendation for Mr. Edmond Meyer. File 102 Request of Marin Municipal Water District Regard- ing Rental Charges of Fire Hydrants and Review of Fireline Program. File 151 x-9.-3-31 Agreement with County of Marin for PEP Funding. File 4-13-41 Recommended Action Approved as submitted. RESOLUTION NO. 5204 - RESOLUTION OF APPRECIATION TO NORMA WALL. Recommended Continuance to December 6th meeting. Recommended further hearings before Parks & Recreation Commission. Item to be returned to Council at its December 6th meeting. Referred to Traffic Committee. Referred to Traffic Committee. RESOLUTION NO. 5203 - RESOLUTION AUTHORIZING THE I SIGNING OF A LEASE OR AGREEMENT (With State Dept.' of Parks & Recreation - Historic Survey Grant j Award) Adopted recommend fees. Referred to Planning Commission. Acknowledged Petition. RESOLUTION NO. 5205 - RESOLUTION ACCEPTING GRANT OF ASSESS EASEMENT FOR ROADWAY PURPOSES. RESOLUTION NO. 5206 - RESOLUTION ACCEPTING GRANT OF SEWER EASEMENT. RESOLUTION NO. 5211 - RESOLUTION OF AWARD OF CON-� TRACT (Cagwin & Dowward) RESOLUTION NO. 5212 - RESOLUTION OF APPRECIATION TO ED MEYER. Adopted Proposal Submitted by Marin Municipal Water District. RESOLUTION NO. 5213 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (With County of Marin for PEP Funding AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BURGLAR ALARMS - FILE NO. 9-3-30 City Manager Bielser addressed the Council and suggested action on eliminating the $8.50 annual renewal fee. The hearing for fees charged for false alarms was continued to the November 15th meeting. The motion to eliminate fees was made by Councilman Mulryan, second by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 378 RE: PROPOSED 1977 WINTER RECREATION PROGRAM SCHEDULE - FILE NO. 9-3-65 The winter program was discussed briefly by the Council. Councilman Nixon made several comments con- cerning the 1977 winter program and the Recreation Department. He also asked that the staff give a report in four weeks pertaining to what can be done about an expanded teenage program. It was moved, seconded and carried unanimously to approve the winter recreation program. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED REVISION OF STATE HOUSING GUIDELINES - FILE NO. 13-16 On motion of Councilman Mulryan, seconded and unanimously carried, the Planning Director was directed to appear at the November 8 hearing in the Veterans' Memorial Auditorium in San Francisco to report the City's opposition and other constructive alternatives to the proposed review of State Housing Guidelines. RE: PUBLIC HEARING - STOL AIRCRAFT APPLICATION FOR LIMITED USE OF SMITH RANCH AIRPORT - FILE NO. 12-12 Mayor Bettini declared the public hearing open. Mr. William Connolly, President of Stol Aircraft, read a letter to the Council stating the First National Bank of New Jersey is the owner of the Smith Ranch Airport and under no conditions will they grant permission for commercial use. Mr. Connolly stated he will go to New Jersey and talk with re- presentatives of the bank. Mr. Hatfield, local attorney, also spoke before the Council. Mayor Bettini declared the public hearing closed. After considerable discussion it was moved by Councilman Jensen and seconded by Councilman Nixon to take the item off the agenda without prejudice. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: BERMUDA PALMS USE PERMIT - FILE NO. 10-2 City Attorney Connick reported that, in accordance with City Council instructions at their October 4th meeting, he had researched the subject of a use permit for Bermuda Palms. He had found that when a use permit was applied for the City had determined that none was required and that, therefore, the establishment is operating within the law. With regard to the parking problem, on dance and concert nights, Mr. Connick suggested in his report that the Bellach Furniture Co. could post signs in their private parking lot stating that cars parking there would be towed away. Mr. Litchfield also addressed the Council, giving the background of Bermuda Palms. Council accepted report. RE: CONSIDERATION OF WORKERS' COMPENSATION SELF-INSURANCE - FILE NO. 9-6-3 After discussion with Finance Director Averett, Councilman Nixon moved and Councilman Miskimen seconded, to institute a program of self-insurance with a limit of $2,000,000 excess and $100,000 retention. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None PERSONS WISHING TO ADDRESS THE COUNCIL: Mr. Silvio Bianchini asked to present the matter of the leash law, specifically the necessity for an open area where dogs can run free for exercise. It was suggested that Mr. Bianchini work through the City Manager's office and staff to solve the problem. FILE NO. 13-3 Mr. William Carney presented a letter to the Council, requesting work in the Recreation Department. It was suggested that he contact the Personnel Department and pursue all avenues of work available in the community suited to his abilities. FILE NO. 9-5-C x 7-4 RE: MARIN COUNTY TRANSIT DISTRICT CHRISTMAS HOLIDAY SERVICE - FILE NO. 143 Marin County Transit District requested to again operate a Saturday Christmas holiday shopping ser- vice jointly with the City. This year the District plans to operate an experimental service on Saturdays beginning December 11th and continuing for six months. In order to provide the service on November 27th and December 4th. The cost to each agency would be $500.00 for each day of service. Councilman Mulryan moved approval. Motion seconded by Councilman Miskimen and passed unanimously. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CHRISTMAS HOLIDAY PARKING METER SERVICE - FILE NO. 11-18 City Manager Bielser addressed the Council,indicating that the item was placed on the agenda at the 7 �'1J request of Councilman Nixon. For the past several years the City has initiated a parking meter holi- day to encourage shopping in the downtown area of San Rafael. This year's recommendation was for a parking meter holiday from December 15th through December 31st. After discussion, and comments from Mr. Irving Chapman and Mr. Sachsman, Councilman Nixon moved that the parking meter holiday be declared commencing on December 10th and extending through December 26th. The motion was seconded by Councilman Hiskimen and passed unanimously. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PARKING METER RATE INCREASES - FILE NO. 9-10-2 x 11-8 x 11-18 r-- Mr. Brian Adams of the San Rafael Chamber of Commerce spoke on behalf of Chamber members, protesting the increase in parking meter fees and requesting that they be returned to the former rates. It was explained to Mr. Adams and to the other merchants present that with the increased rates the parking bonds could be paid off in three and one-half years. Mayor Bettini added that the matter had been brought before the Council in August and at that time there had been no opposition voiced. CHARTER ORDINANCE NO. 1241 - An Urgency Ordinance of the City of San Rafael Amending Certain Sections of Title 5, Chapter 60 of the Municipal Code Pertaining to Rates For Parking Meters, was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: URGENCY ORDINANCE ON HOUSEBOATS - FILE NO. 10-2 City Attorney Connick presented an Urgency Ordinance on houseboats which had been prepared by his office. Planning Director Hotchner questioned some of the wording and also stated that he felt the Planning Commission should have more authority in this matter. Mayor Bettini questioned the lack of a permit process and other items. Upon questioning by Councilman Nixon, Mr. Hotchner stated that a new ordinance is being prepared, dealing with the zoning aspect. It was suggested that the ordinance presented by City Attorney Connick could be considered acceptable if the last seven words in paragraph 4 are omitted. CHARTER ORDINANCE NO. 1242 - An Urgency Ordinance of the City of San Rafael Providing for the Health, Safety and Welfare of San Rafael Residents by Regulating the Movement of Houseboats 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: Miskimen ABSENT: COUNCILMEN: None RE: REPORT ON SAN RAFAEL HILL RESEEDING - FILE NO. 9-3-31 The Council thanked Fire Chief Marcucci for the fine job he and his staff did in the reseeding of San Rafael Hill. RE: REPORT ON BUILDING INSPECTOR POSITION - FILE NO. 9-3-32 The Council reviewed a letter from City Manager Bielser and felt that the position should be filled immediately. Councilman Mulryan moved and Councilman Miskimen seconded, that a new building inspector be hired. The motion passed unanimously. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON MEETING WITH NORTHWESTERN PACIFIC RAILROAD RE FRANCISCO BOULEVARD - FILE NO. 117 City Manager Bielser reported on the meeting with Northwestern Pacific Railroad. Mr. Louis Della Valle of Shamrock Construction cited the hardship imposed on his company and others in the San Rafael vicinity if the service from Ignacio through San Rafael were abandoned. He completed his address with a request for a public hearing. City Manager Bielser was asked to ascertain the final date on which a protest would be accepted regard- ing the removal of the tracks. It was decided that the format for a hearing would be discussed and the matter of a public hearing publicized, particularly to the merchants in the Francisco Boulevard area. Since there were no objections, the item was carried over for a public hearing. RE: DISCUSSION OF BALLOT PROPOSITIONS - FILE NO. 9-4 Mayor Bettini asked for proposals for items to be placed on the ballot in the March elections. The Council agreed to place the matter of making the City Tax and License Collector an appoijted position. RE: ACCELERATED PUBLIC WORKS PROGRAM - FILE NO. 9-3-40 A) Negative declarations were recommended for two projects: 1) Construction of off-street parking. 2) Construction of fire station dispatch center. 380 It was moved by Councilman Jensen and seconded by Councilman Mulryan that the item be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None B) Traffic Signal System Interconnection for Improvements. After a brief discussion it was moved by Councilman Jensen and seconded by Councilman Miskimen that the item be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: DOGS IN PARKS - FILE NO. 13-3 Councilman Nixon suggested a sign in each park stating that a $50.00 fine would be levied against any- one disregarding the ordinance. City Manager Bielser stated that all signs in the parks at present state "No dogs allowed on turf". Mayor Bettini suggested sending the matter to the Parks and Recrea- tion Commission for a reply within two weeks. The Council felt that banning of all dogs from parks should also be considered. RE: NON -AGENDA ITEM - RESIGNATION FROM PLANNING COMMISSION - FILE NO. 9-2-6 Letter received from Mr. Ben Albritton, dated October 27, 1976, resigning from the Planning Commission effective immediately. The Council moved to accept the resignation and called for new applications to fill the vacancy within the next thirty days. RE: NON -AGENDA ITEM - LETTER OF COMMENDATION - FILE NO. 9-5-B Letter received from Bret Harte Community Association commending the City on the Bret Harte Park Improvements. RE: NON -AGENDA ITEM - POLICE PROBLEMS AT VICTOR JONES PARK - FILE NO. 9-3-30 x 9-3-66 Letter received from Glenwood Homeowners Association regarding police problems at Victor Jones Park. Item referred to the City Manager to contact the Police Department. RE: NON -AGENDA ITEM - CIVIC CENTER FIRE STATION - FILE NO. 9-3-31 Council requested a status report from Architect Arrigoni on the new fire station planned for the Civic Center. Preliminary plans are to be submitted to the Council for approval at the next Council meeting. The Council adjourned to November 8th, 1976. )22/ ,Lc ,L LC . /"�, c � " MARION A. GRADY, City Clerk APPROVED THIS DAY OF 1976. &09V MAYOR OF THE CITY OF SAN RAFAEL 381 In the Council Chambers of the City of San Rafael, Monday, November 8, 1976 at 8:00 P.M. - Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk. RE: CHRISTMAS HOLIDAY PARKING METER SERVICE - FILE NO. 11-18 ity Council heard a report from Mr. Sachsman of Netboy Shoe Salon, who had contacted merchants and roperty owners to contribute funds to the Parking District for a free parking meter period from ovember 26 through December 31, 1976. Of the 87 contacted, 72 (approximately 83%) had agreed to con- ribute cash for a total of $5,300. Councilman Mulryan moved, seconded by Councilman Jensen, that the Council waive parking meter fees for the period from Friday, November 26th through Friday, December 31, 1976, with the understanding that the City be provided with a list of merchants and property owners who have agreed to underwrite the loss of meter fees in the amount of $5,300. The Council adjourned to the next regular meeting scheduled on November 15, 1976. c MARION A. GRADY, City Clerk APPROVED THIS �,Xj� DAY OF QdJzz&T19eo 77. MAYOR OF THE CITY'GF SAN RAFAEL 382 In the Council Chambers of the City of San Rafael, Monday, November 15, 1976, at 8:00 P. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilma Lawrence E. Mulryan, Counci Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. C City Attorney. RE: PROCLAMATION BY AMERICAN CANCER SOCIETY OF THURSDAY, NOVEMBER 18, 1976 AS "SMOKEOUT DAY" - FILE 110 Mr. Philip Welch of American Cancer Society presented a proclamation to Maycr Bettini and distributed pledge cards to members of the City Council, in which they pledged to abstain from smoking for one day. Proclamation approved by Mayor Bettini. RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Miskimen, to approve the recommended action on the following Consent Calendar items: Item Recommended Action Communication from Richard L. Maldonado re proposed Referred to Parks and Recreation Commission. recreation project. File 9-3-65 Resolution authorizing purchase of 1428 Mission Ave. RESOLUTION NO. 5209 - A RESOLUTION OF THE CITY (Menzies property). File 2-1-53 COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PURCHASE OF 1428 MISSION AVENUE. Marin County Parks & Recreation RESOLUTION NO. 5214 - A RESOLUTION OF THE CITY Assistance Program. COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR COUNTY PARK AND RECREATION LOCAL ASSISTANCE MONEYS FOR THE PICKLEWEED PARK PROJECT. Ford & Niggeman Property Transfers from San Rafael RESOLUTION NO. 5215 - RESOLUTION CONSENTING TO to Ross. File 5-7-6 x 5-7-7 THE TRANSFER OF TERRITORY DESIGNATED AS THE NIGGEMAN TRANSFER FROM THE CITY OF SAN RAFAEL TO THE TOWN OF ROSS. RESOLUTION NO. 5216 - RESOLUTION CONSENTING TO THE TRANSFER OF TERRITORY DESIGNATED AS THE FORD TRANSFER FROM THE CITY OF SAN RAFAEL TO THE TOWN OF ROSS. Report on 1975/76 Fiscal Year Audit for the City, Recommend continuing consideration of the audit Parking District & San Rafael Redevelopment Agency. until 12/6/76, when Independent Auditor can be present. Discussion of Neighborhood Housing Rehabilitation. Report will be presented at December 6 meeting. File 13-16 Resolution authorizing purchase of Knox Property on RESOLUTION NO. 5207 - A RESOLUTION OF THE CITY San Rafael Hill. File 2-1-54 COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PURCHASE OF 20.65 ACRES OF OPEN SPACE. RESOLUTION NO. 5208 - RESOLUTION ACCEPTING CON- VEYANCE OF REAL PROPERTY KNOWN AS THE KNOX PROP- ERTY (A.P. #11-051-27) Agreement with San Rafael Redevelopment Agency re- RESOLUTION NO. 5217 - A RESOLUTION AUTHORIZING garding assumption of maintenance costs for various THE SIGNING OF A LEASE OR AGREEMENT (with the City projects. File 4-16 San Rafael Redevelopment Agency) Set Public Hearing for Community Development Act Set Hearing for 12/6 to hear testimony and Funding. File 147 12/20 to rank projects. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT COUNCILMEN: None RE: PUBLIC HEARING - PROPOSED ABANDONMENT OF RAILROAD SERVICE FROM IGNACIO TO SAN RAFAEL BY NORTH- WESTERN PACIFIC RAILROAD - FILE 117 Mayor Bettini opened the public hearing. Mr. H. B. Fowler, Executive Vice President of Northwestern Pacific Railroad, reported that the portion of railroad service they wish to abandon is no longer economically feasible to operate. The portion of track is described as "between Milepost 25.281, at or near Ignacio, and Milepost 14.329, at or near Detour, a distance of 11.492 miles in Marin County". The accompanying report is the report which is to be submitted to the Inter -State Commerce Commission. Mr. Ed Ryken, Executive Director of the Marin Senior Coordinating Council, spoke in favor of the 080 abandonment, stating that they have been negotiating with the railroad to acquire the depot building which is now called "The Whistlestop" and houses the program for the Senior Coordinating Council, as well as surrounding property. Mr. Ryken felt that since the parking for the Whistlestop" is now across the tracks there would be a safety factor if the tracks were removed. He also pointed out the noise factor, which is an annoyance when programs or counselling sessions are being conducted. Mr. Ryken's remarks were concurred in by Mrs. Vera Schultz, a member of the Marin Seniors,saying the abandonment of the tracks would allow their program to expand. Mr. Wm. Walker of the Rafael Meadows Improvement Club asked if the right-of-way in his area would be for sale if the tracks were abandoned. Mayor Bettini assured him that in that event the area would be for sale. Mayor Bettini declared the Public Hearing closed. Council discussion covered the serious effect this abandonment of tracks would have on some businesses, and the accounting methods used to come up with the figures in the report to the Inter -State Commerce Commission. A motion to file a protest with the Inter -State Commerce Commission on the Northwestern Pacific Rail- road abandonment was made by Councilman Jensen and seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PUBLIC HEARING - REZONING - 2436 FIFTH AVENUE, ASSESSOR'S PARCEL 177-240-09 (Z76-5) FROM PUD -R1 PLANNED UNIT DEVELOPMENT - SINGLE FAMILY RESIDENTIAL DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT INITIATED BY RAY J. FINEGAN REPRESENTED BY HAROLD S. LEZZINI - FILE 10-3 X6 -/- 0.3 �- Mayor Bettini opened the Public Hearing. Planning Director Hotchner read the conditions for the tentative subdivision map, to the effect that each lot shall have a separate water well supply or Marin Municipal Water District connection; that a detailed report shall be submitted prior to final map approval regarding the adequacy of the water supply, drawn up by a recognized expert in the field; that well construction and use shall conform to the Water Well Standards of the Department of Water Resources and that certification will be required prior to final map approval. Director Hotchner added that if the developer cannot get sufficient Marin Municipal Water District water to all of the', lots, they will get final approval only if they get additional water in compliance with the standardd for each lot. , Public Works Director Caillouette added that they will have a water main which will stub out until they need it. Mayor Bettini stated that there should be very stringent guidelines on how much water should be pro- duced from the wells, and that standards should be included before the Council gives permission for the wells. Director Caillouette stated that a final building permit will not be issued until sufficient water is available. Mr. Harold Lezzini, representing the developer Mr. Ray J. Finegan, reported that there are three wells producing 30 gallons per minute, and another well producing 10 gallons. The water is being pumped daily to see if the wells will maintain their volume. Councilman Miskimen questioned the treatment of the water, and Mr. Lezzini replied they do not have to, but if necessary they could set up a small residential treatment plant on an individual basis. Mayor Bettini closed the Public Hearing. Director Hotchner noted that conditions relative to water are not part of the planning action, but will be in the final map and will come back to the Council. An ordinance amending the zoning map of the City of San Rafael, adopted by reference by Section 14.15.020 of the Municipal Code so as to reclassify certain real property from PUD -R1 District to r-- P -D District, and numbering Charter Ordinance No. 1244, was read, introduced and ordered passed to print by the following vote, to wit: i AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM BRET HARTE COMMUNITY ASSOCIATION RE IRWIN STREET - FILE NO. 11-7 Mr. Bruce Scott showed slides illustrating the hazards to pedestrians using Irwin Street to go from Bret Harte area to commuter buses and to Davidson Jr. High School and San Rafael High School, or to downtown San Rafel, due to lack of sidewalks in many areas. Mr. Sam Fedeli, by means of a display, showed proposed solutions to the problem. He questioned whether such a project would be eligible for redevelopment funds. The matter was referred to Public Works Department for a cost estimate, including contacting of adjacent property owners to explore possibility of their sharing the cost of the sidewalks. RE: REPORT ON CIVIC CENTER FIRE STATION - FILE 9-3-31 Mr. Arrigoni, architect, reported that he has met with Chief Marcucci and that the Public Works Depart- ment has done the preliminary survey. They are progressing on the plans as quickly as possible. RE: REPORT ON HOUSEBOAT ORDINANCE - FILE 10-2 x 144 Planning Director Hotchner stressed the need for an ordinance with special conditions. The matter has not yet been presented to the Planning Commission, nor have any public hearings been held. The Council is anxious to have such an ordinance and the Planning Director was asked to proceed with the ordinance preparation. RE: STATUS REPORT ON TRANSFER TO COUNTY RETIREMENT SYSTEM - FILE ;--b4: x 7-4 x 7-9 The Council discussed the report from Finance Director Averett, and set December 6, 1976 as the date to determine about survivor benefits and hear the results of the actuarial study regarding retired employees. Councilman Nixon moved that the City comply with the county of Marin's mandatory retirement age of 65 for miscellaneous employees and 60 for safety employees. Motion seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON BURGLAR ALARM MATTER - FILE 9-3-30 x 13-8-1 Chief of Police Benaderet reported that alarms are costing approximately $6,500 per month, whether false or not. Captain Sousa reported that the Police Department has been working with the alarm companies, but the false alarms still continue at a high rate. The Police Department proposal is: Alarm sub- scribers would be entitled to five police responses per year, and should any subscriber or individual alarm terminal require more than five there will be a charge of $12.00 for each additional response and $20.00 for each response over twelve. Also, if at any time the Police Department feels an alarm system is improperly installed, improperly maintained, inadequately supervised, or is generating too many false alarms, the City would have the right to suspend response service immediately. Warren Glass II, of Warren Glass Security Systems was concerned about the suspending of service and charging a fee for any alarms over five, whether false alarms or not. He felt one solution would be to have alarm company personnel meet the police at calls when owners cannot be present immediately. Allen Pepper of the Association of Alarm Companies concurred that a charge for any response over five is not proper, that there is no justification for charging for an alarm which is valid. He stated that this type of ordinance was passed in Beverly Hills and is under litigation at this time. John Savin expressed the opinion that the Police Department should not decide whether a system has been improperly installed. He also felt that when the ordinance is being written the alarm company people should be present. After discussion, Councilman Nixon moved that the staff be directed to prepare an ordinance with the revocation provision. Motion seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon, and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: COMMUNICATION FROM TELE-VUE SYSTEMS, INC., REGARDING LEVEL VI INVOLVING A COLOR CABLECASTING STUDIO - FILE 9 -7 - Councilman Miskimen left the Council Chambers. The Council considered a communication from Tele-Vue Systems, Inc., outlining their proposal for Level VI including stepped-up service and construction of a color cablecasting studio. New rates would be in effect for a three-year period. the Council accepted the recommendation and will ask a member of the Cultural Affairs Commission to serve on the steering committee, which will include representatives from Marinwood Community Services District and Upper Lucas Valley as well as City of San Rafael. Assistant to the City Manager Meador added that there will be a further report to the City Council in January. RE: LIBRARY ORGANIZATION AND STAFFING - FILE 7-3 x 9-3-61 This is a proposal to establish the position of Librarian III. Councilman Jensen moved that the resolution be adopted. Motion seconded by Councilman Nixon. RESOLUTION NO. 5218 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING RESOLUTION NO. 5134 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR MISCELLANEOUS, MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED EMPLOYEES. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 385 RE: REPLACEMENT OF ELECTRONIC ACCOUNTING EQUIPMENT - FILE 4-10-97 Councilman Jensen left the meeting. Councilman Miskimen returned. The Council heard a proposal by Finance Director Averett for the City to enter into an agreement with Xerox Computer Services for installation of their "on-line" municipal services to the Finance Depart- ment. Councilman Nixon moved that the recommendation be approved and a resolution authorizing the Mayor and City Clerk to sign an agreement be prepared. Motion second by Councilman Miskimen. RESOLUTION NO. 5219 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (with Xerox Computer Services) AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: AGREEMENT WITH R. L. KAUTZ CO. FOR WORKER COMPENSATION ADMINISTRATION SERVICES AND SAFETY EN- GINEERING - FILE 4-10-98 x 9-6-3 The Council reviewed the proposed Memorandum of Understanding. Finance Director Averett suggested one revision, page 2, paragraph 7. The second sentence would read, "Six (6) mandays of safety services are to be provided each year" instead of "would be provided the first year". Councilman Miskimen moved that the Memorandum of Understanding be approved as amended. Seconded by Councilman Mulryan. Councilman Miskimen moved that the Memorandum of Understanding be approved as amended. Seconded by 1 Councilman Mulryan. i RESOLUTION NO. 5220 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (R. L. Kautz Company for Worker Compensation Services and Safety Engineering. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen RE: EMERGENCY REPAIR TO OUTFALL LINE - KERNER BOULEVARD STORM WATER PUMP STATION - FILE 12-9 Councilman Jensen returned to the meeting. Public Works Director Caillouette reported that the outfall line serves 500 acres for drainage and the emergency repair was essential due to leakage which had just begun. He stated that there is $47,000 in surplus funds in East San Rafael Assessment District #2 under which this line was con- structed and he proposes to present a resolution at the next Council meeting for approval so that the money can be used for maintenance. Councilman Nixon made a motion recommending approval. Seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PROPOSED ORDINANCE AMENDING SECTION 17.10.04 OF THE MUNICIPAL CODE - TIDELAND FILL COMMITTEE - i FILE 12-19 i An ordinance of the City of San Rafael amending Section 17.10.04, paragraph 2., action by San Rafael Tideland Fill Committee, within Chapter 17.10, Dumping, Dredging and Construction wit -in Tidal Water, ways, of the San Rafael Municipal Code, and numbering Charter Ordinance No. 1243, was read, in- troduced and ordered passed to print by the following vote, to wit: i� AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None { ABSENT: COUNCILMEN: None RE: DISCUSSION OF RULES FOR CONDUCTING COUNCIL MEETINGS - FILE 9-1 The Council agreed to give thought to how to streamline meetings, including procedures for public participation on items not on the agenda. RE. DISCUSSION OF BALLOT PROPOSITIONS FOR THE MARCH 1977 ELECTION - FILE 9- 4 _ Mayor Bettini suggested that a charter amendment be placed on the ballot to provide that when employee negotiations reach an impass the matter would be put to a vote of the people. Councilman Mulryan suggested the subject be left alone for a while. Mayor Bettini then suggested ballot measures on acquisition of Pickleweed Park expansion area, and/or the Marina development - either one or both measures. Councilmen Miskimen and Mulryan both felt that the matters were very involved, with complicated funding, and would not be suitable for a ballot measure because they would be so difficult to explain. Councilman Nixon agreed, saying that the Council was elected to make decisions and he felt that if matters are complex they should not be put on the ballot. • After discussion, Councilman Nixon moved that a ballot measure be approved for the City Attorney to be appointed by the City Council rather than elected. Motion seconded by Councilman Mulryan. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON LIABILITY INSURANCE PREMIUM INCREASES - FILE 9-6 Finance Director Averett reported on the insurance rate increase in the comprehensive package policy effective October 18, 1976. The premium is $231,587, compared with $61,864 for the past year. The reason given is the increasing number of liability claims which have been processed in the past two years. The Council suggested that the premium payments be put on a six-month basis. Meanwhile, other ways will be explored to obtain better rates. RE: REQUEST BY GIRL SCOUT TROOP 2009 FOR A NEWSPAPER COLLECTION DEPOT AT THE FIRE STATION ON THIRD STREET NEXT TO SAN RAFAEL HIGH SCHOOL - FILE 152 Request approved on a trial basis by motion by Councilman Miskimen, seconded by Councilman Mulryan. E AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini f NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, December 6, 1976. MARION A. GRADY, City Clerk,/ APPROVED THIS AY OF 1976. &�F rm MAYOR OF THE CIT OF SAN RAFAEL 387 L7 In the Council Chambers of the City of San Rafael, Monday, December 6, 1976, 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 Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. PRESENTATION BY SAN RAFAEL VOLUNTEER FIREMAN'S ASSOCIATION - FILE 9-3-31 President Jack Canziani of the San Rafael Volunteer Fireman's Association, assisted by Chief Don Woford, donated and demonstrated a Recording Resusi-Ann. RE: CONSENT CALENDAR Motion by Councilman Jensen, seconded by Councilman Mulryan, to approve the recommended action on the following Consent Calendar items: Item Approval of Minutes of Regular Meetings of November 1 and 15, 1976. Use of Surplus Funds for Maintenance - East San Rafael Assessment District No. 2. (File 12-9) Recommended Action Approve as submitted to each Council Member. RESOLUTION NO. 5221 - RESOLUTION DECLARING SURPLUS IN IMPROVEMENT FUND, EAST SAN RAFAEL ASSESSMENT DIS- TRICT NO. 2, CITY -OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Amendment to Agreement re Deferred Compensation RESOLUTION NO. 5222 - RESOLUTION AUTHORIZING THE Plan. (File 7-4) SIGNING OF A LEASE OR AGREEMENT (with Adopting Em- ployee - San Rafael Deferred Compensation Plan) Resolution Accepting from Redevelopment Agency Grant Deed to Parking Lot at Fifth Avenue RESOLUTION NO. 5223 - RESOLUTION ACCEPTING CONVEYANCE Opposite Lootens Place. (File 2-1-56) OF REAL PROPERTY KNOWN AS: THE FIFTH AVENUE PARKING LOT OPPOSITE LOOTENS PLACE (ASSESSOR'S PARCEL #11-221-07) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: RULE CHANGES FOR ADULT SOFTBALL PARTICIPANTS - FILE 9-3-65 Recreation Director Snyder explained that the rules as presently written were approved by the Soft- ball Board of Managers. Councilman Mulryan stated that some female softball players felt the rules should be the same for women as for men. Matter was referred back to the Parks and Recreation Com- mission for public input and necessary revisions. RE: REPORT ON HOUSING REHABILITATION - FILE 13-16 The Council received a report outlining programs which can be set up to provide loans for housing rehabilitation. RE: COMMUNICATION FROM MARIN SANITARY SERVICE RE REFUSE DISPOSAL RATE INCREASES - FILE 4-3-32 Set December 20,1976 for public hearing. RE: PUBLIC HEARING -HOUSING & COMMUNITY DEVELOPMENT ACT FUNDS - FILE 147 Mayor Bettini declared the public hearing open and stated that it was for the purpose of obtaining public input on how the funds, amounting to $340,000, were to be expended. It was determined that the hearing had been duly advertised. City Manager Bielser's report recommended that the funds be allocated as follows: $175,000 for Police Department facility expansion $115,000 for street resurfacing and reconstruction, sidewalk repair, and wheelchair ramping $50,000 contribution to Countywide Housing Program for housing assistance and rehabilitation Mrs. Townsley spoke as an interested resident, inquiring about funding. The various possibilities were explained to her. Mr. John Scoggin, administrator for the San Rafael City Schools, called attention to various projects they would like considered for funding including a soccer field and related recreational activities at San Rafael High School and continuation of the Master Plan and development of park and recreational facilities at Davidson Middle School adjacent to Jordan Street. Mayor Bettini declared the public hearing closed. Police Chief Benaderet explained the need for the expansion of the Police Department, citing that thei staff has increased from 53 officers in 1966 to a present staff of 91 plus 25 reserves, with a number of new services coming in the near future. Councilman Nixon made the recommendation that $10,000 be allocated for the Davidson School project, to come out of the funds suggested for the Police Department expansion. Councilman Mulryan moved that $165,000 be allocated for Police Department, $115,000 for street resurfac- ing, etc., and $50,000 on County Housing Assistance, plus $10,000 for Davidson School. Motion was seconded by Councilman Nixon. Under question, Councilman Miskimen amended the motion to provide $25,000 for Project #1 in the San Rafael City Schools letter of September 16, 1976, to be taken $15,000 from Police Department and $10,000 from street resurfacing allocations. Motion seconded by Councilman Mulryan. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon NOES: COUNCILMEN: Jensen, Mayor Bettini ABSENT: COUNCILMEN: None 'RE: JOINT POWERS AGREEMENT - SENIOR CITIZENS PROGRAMMING - FILE 4-13-32 (This item on public hearing tape Parks and Recreation Commission recommended that an increase in the $12,000 annual contribution from ithe County be requested for the next fiscal year. Staff recommendation was that the County should be requested to increase their contribution to $15,500 effective for the current fiscal year and that the level of funding be tied to the Consumer Price In- dex for the Bay Area, with the March to March time sequence serving as the base for computing the in- crease. The $15,500 request is based on the cost of living increase from July 1, 1972 through June 30, 1976, since the contribution has not been increased in the past three years. Councilman Nixon moved to follow the staff recommendation to request an increase from County of Marin. Motion seconded by Councilman Miskimen and passed unanimously. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PRESCHOOL AND NURSERY SCHOOL FEE INCREASES - FILE 9-3-65 Assistant to the City Manager Raymond Meador reported that memoranda of understanding have been agreed upon by the Laurel Dell Day Care Center group and the Pooh Corner Cooperative Nursery group. However, the Pixie Preschool and Tiny Tot Program group have not agreed with the staff recommendation for an 8% increase for 18 months. They feel a 5% increase for that period would be equitable. Mr. Tom Biesheuvel, representing the Tiny Tot and Pixie Preschool group, presented statistics support- ing their recommendation. After discussion, Mayor Bettini asked that the Tiny Tot and Pixie Preschool group meet with the staff committee in another room, and come back with a recommendation. Meanwhile, Councilman Mulryan moved, and Councilman Nixon seconded, that the Memorandum of Understanding for Laurel Dell Day Care Center and the City, and for Pooh Corner Cooperative Nursery School and the City, be approved. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Mr. Biesheuvel returned to the meeting and announced that an agreement had been reached, for a 6¢ in- crease for Tiny Tot and Pixie Preschool Program fees for an 18 -month period commencing in January 1977. Staff was instructed to prepare a Memorandum of Understanding to this effect, which Mr. Biesheuvel agreed to sign. It was moved, seconded and unanimously carried that a Memorandum of Understanding be prepared, covering a 6% increase for Tiny Tot and Pixie Preschool Programs for an 18 -month period. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: TEENAGE RECREATION PROGRAMMING - FILE 9-3-65 Referred to Park and Recreation Commission for their December 9th meeting, to develop Friday evening and weekend programs for teenagers at the Terra Linda Recreation Center and San Rafael Community Center. Mr. Richard Cohen spoke of the necessity for such a program in the Terra Linda area. RE: REPORT ON THE FISCAL YEAR 1975/76 AUDIT FOR THE CITY, PARKING DISTRICT AND SAN RAFAEL REDEVELOPMENT AGENCY - FILE 8-1 Report accepted. RE: REPORT ON APPLICATIONS FOR THE PLANNING COMMISSION VACANCY - FILE 9-2-6 Set 7:30 PM on December 13, 1976 for interviewing applications. RE: ACCEPTANCE AND APPROPRIATION OF MONIES RECEIVED FROM THE ACCELERATED PUBLIC WORKS ACT 9-3-40 389 - FILE Councilman Mulryan moved and Councilman Miskimen seconded, to accept the staff report recommending the $25,000 grant under the Accelerated Public Works Act be expended to fund the positions of Planning Technician, Associate Planner, and Clerk within the General Services Division. AYES: COUNCILMEN: J;ensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON MARCH 1977 BALLOT ITEMS - FILE 9-4 RESOLUTION NO. 5224 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING NUMBER OF WORDS IN CANDIDATE'S STATEMENT AND PROVIDING THAT THE COST OF PRINT- ING AND HANDLING OF CANDIDATE'S STATEMENT SHOULD BE BORNE BY THE CANDI- DATE AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Formal ballot measures will be ready for the meeting on December 13, 1976. (Councilman Miskimen left the meeting) RE: FINAL ADOPTION OF ORDINANCE NO. 1243, TIDELANDS FILL COMMITTEE, AND DUMPING, DREDGING AND CON- STRUCTION WITHIN TIDAL WATERWAYS - FILE 12-19 CHARTER ORDINANCE NO. 1243 - An Ordinance of the City of San Rafael amending Section 17.10.4, Para- graph 2, Action by San Rafael Tideland Fill Committee, within Chapter 17.10, Dumping, Dredging and Construction witin Tidal Waterways, of the San Rafael Municipal Code, was adopted as an ordinance hof 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 �. IRE: FINAL ADOPTION OF ORDINANCE NO. 1244, AMENDING ZONING MAP TO RECLASSIFY CERTAIN REAL PROPERTY FROM PUD -R1 (PLANNED UNIT DEVELOPMENT -SINGLE FAMILY RESIDENTIAL) DISTRICT TO P -D PLANNED DEVELOPMENT) DISTRICT - 2436 FIFTH AVENUE - FILE 10-3 5 --/— CHARTER —1— CHARTER ORDINANCE NO. 1244 - 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, so as to reclassify certain real property from PUD -R1 (Planned Unit Development -Single Family Residential) District to P -D (Planned Development) District was adopted as an ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen (Councilman Miskimen returned to the meeting) RE: TRAFFIC COMMITTEE ACTIONS ON: A. PETITION FOR LIMITED PARKING ON LAUREL PLACE AND WILKINS STREET - FILE 101 x 11-8 B. PETITION FOR ONE-WAY STREET ON LAUREL PLACE, BETWEEN MISSION AVENUE AND ROBERT DOLLAR DRIVE - FILE 101 x 11-14 On motion of Councilman Miskimen, seconded by Councilman Nixon, petitions were denied without pre- judice, to be reconsidered in the future if a larger percentage of property owners affected petition for the changes. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: REPORT ON MOORING ROAD HOUSEBOAT MATTER - FILE 3-3-22 City Attorney's status report accepted. RE: JOINT POWERS AGREEMENT WITH MARIN COUNTY OPEN SAPCE DISTRICT RE: FALKIRK - FILE 13-14-1 x`2-1-49 A. RESOLUTION AUTHORIZING MAYOR & CITY CLERK TO EXECUTE JOINT POWERS AGREEMENT B. ORDINANCE SELLING PORTION OF FALKIf( TO THE MARIN COUNTY OPEN SPACE DISTRICT C. RESOLUTION ACCEPTING PROPERTY FROM THE MARIN COUNTY OPEN SPACE DISTRICT RESOLUTION NO. 5225 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (With Marin County Open Space District) 390 AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None An ordinance of the City of San Rafael providing for the conveyance of public property to the Marin County Open Space District, and numbering Charter Ordinance No. 1245, 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. 5226 - A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT DEED (To accept property from the Marin County Open Space District) AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PURCHASES FROM THE EQUIPMENT REPLACEMENT FUND - FILE 4-2-119/120/121/122/123 Recommendations of staff accepted, for purchase of: Two dump trucks; one Parks truck; one Electrical truck; two compressors; and eight Police patrol vehicles. Motion by Councilman Nixon approving the above purchases, seconded by Councilman Miskimen, and passes unanimously. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: "THE MEADOWS" CONDOMINIUM CONVERSION - FILE 5-1-232 A. APPROVAL OF FINAL MAP B. AGREEMENT FOR CONVERSION TO CONDOMINIUMS Ms. Margo Wolfe spoke of her concerns regarding the rehabilitation of the existing apartments. She was assured by one of the developers, Mr. W. L. Willett, that all necessary work would be done proper- ly. Mr. Al Bianchi, representing the developers, requested a modification of the $100,000 cash bond re- quirement. RESOLUTION NO. 5227 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE FINAL MAP OF A CONDOMINIUM SUBDIVISION ENTITLED "THE MEADOWS OF TERRA LINDA, A CONDOMINIUM PROJECT" AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RESOLUTION NO. 5228 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING SIGNING OF AN AGREEMENT WIHT IGNACIO CREEK DEVELOPMENT CORPORATION TO CONVERT THE TERRA LINDA MEADOWS INTO A CONDOMINIUM PROJECT ENTITLED "THE MEADOWS OF TERRA" Councilman Mulryan moved that the agreement for conversion to condominiums be approved with the modification of requiring a $150,000 surety bond rather than a $100,000 cash bond. Motion seconded by Councilman Jensen and passed 3-2. AYES: COUNCILMEN: Jensen, Miskimen and Mulryan NOES: COUNCILMEN: Nixon apd Mayor Bettini ABSENT: COUNCILMEN: None (Mayor Bettini left the meeting - Vice -Mayor Mulryan presided) RE: RESOLUTION AUTHORIZING SETTLEMENT OF MARIN MUNICIPAL WATER DISTRICT v. STATE OF CALIFORNIA, CITY OF SAN RAFAEL - FILE 151 RESOLUTION NO. 5229 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING SETTLEMENT OF TITLE CONTROVERSY WITH MARIN MUNICIPAL WATER DISTRICT. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Vice -Mayor Mulryan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini (Mayor Bettini returned to the meeting) (Councilman Miskimen left the meeting) RE: COMMUNICATION FROM KARL E. HOPPE RE UTILITY TURN -ON - FILE 9-3-32 Mr. Hoppe's appeal for turn -on of PG&E utilities at a house he is building at 59 Valencia Avenue was denied on motion of Councilman Mulryan, seconded by Councilman Nixon. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen 391 RE: PROPOSED BINGO ORDINANCE, PROVIDING THE REQUISITES FOR THE PLAYING OF BINGO GAMES IN SAN RAFAEL FILE 13-8 Continued to Council meeting of December 20, 1976, for further research and preparation in simpler form. RE: ORDINANCE AMENDING CHAPTER 8.04, GAMBLING, SECTION 8.04.040, EXCEPTIONS OF THE SAN RAFAEL MUNI- CIPAL CODE - FILE 13-8 Continued to Council meeting of December 20, 1976. RE: AGREEMENT BETWEEN VLADIMIR AND OLGA TURSKI AND THE CITY - FILE 2-1-51 Mr. Wm. S. Hochman of 23 Corte del Rey, adjacent to the Turski property, indicated that he and his neighbors are concerned about loss of privacy if Mr. Turski develops the area adjacent to theirs. The balance of the Turski property has been under negotiation for sale as open space through County Service Area No. 23. Mr. Hochman was requested to put his objections in writing to staff in time for the December 20th Council meeting. Mr. John McCall, representing Mr. Turski, reported that escrow must close by January 10, 1977 or Mr. Turski will not sell the property which is under negotiation for open space. Item was continued to Council meeting December 20, 1976. The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, December 13, 1976, at 7:30 P.M. J22,,,.�, �, e-,- /�2 - ,4., MARION A. GRADY, City Clerk APPROVED THIS DAY OF L977 . f-.00 �24a MAYOR OF THE CITY OF SAN RAFA L 392 In the Council Chambers of the City of San Rafael, Monday, December 13, 1976, at 7:30 PM. Joint Meeting: Present: C. Paul Bettini, Mayor City Council and Fred E. Jensen, Councilman Redevelopment Agency John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Jack G. Nixon, Councilman Also Present: William J. Bielser, City Manager; Marion A. Grady, City Clerk; Harry A. Connick, City Attorney. RE: INTERVIEW OF PLANNING COMMISSION APPLICANTS - FILE 9-2-6 (Council Item) Mayor Bettini reported that the Council had met and interviewed the Planning Commission applicants. Councilman Jensen moved that Edmund A. Duggan be selected to fill the unexpired term of Ben C. Albrit- ton. Motion seconded by Councilman Miskimen. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: ENVIRONMENTAL IMPACT REPORT PUBLIC HEARINGS ON SPINNAKER POINT AND SAN RAFAEL MARINA (RedeveloQ- ment Item Chairman Nixon opened the public hearing, stating that it was for the purpose of reviewing the EIR documents to determine their adequacy. There is a request from the Planning Commission urging that amendments become part of the final EIR upon final certification by Redevelopment. Chairman Nixon declared the reports to be adequate and felt the Agency should address themselves to the material in them agains when the occasion arises. Since there was no one present in the audience to speak, the public hearing was declared closed. Councilman Jensen moved, and Councilman Miskimen seconded, that the EIR on Spinnaker Point be approved for adequacy. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT:000NCILMEN: None Councilman Miskimen then moved, and Councilman Mulryan seconded, that the EIR on the San Rafael Marina be approved for adequacy. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: CONTINUED CONSIDERATION FO PREVIOUS AGENDA, BEGINNING WITH CANAL AREA Redevelopment Item Chairman Nixon referred to Item 4 from the agenda of the Special Joint Meeting of the San Rafael Re- development Agency and the Citizens Advisory Committee on Redevelopment on November 30, 1976: Land Use for Remaining Land - The consultant (Mr. Mountjoy) had nothing further to report. Canal Treatment & East San Rafael - Mr. J. Stanley Ott reported that the auto center is to remain for now. The items under design guidelines on canal treatment are very general. Mr. Mountjoy added that this is part of Phase IV. Traffic Circulation - The consultants, when preparing Phase III of the Redevelopment Plan, felt the traffic pattersn were adequate and that there were no major modifications necessary in the East San Rafael area. Recreational Facilities - There was discussion about incorporating the present yacht club in the Plan and extending Beach Park further around; possibility and desirability of purchasing land on the op- posite side of the Canal, which the consultant felt would be very desirable; advisability of a bridge across the Canal at Montecito, or a shuttle across the Canal if there are recreational facilities as part of a commercial development. RE: CONTINUED CONSIDERATION OF PREVIOUS AGENDA Redevelopment Item Chairman Nixon referred to Item 5 of the November 30th agenda, "Set Future Redevelopment Procedures - Set Public Hearings". City Manager Bielser suggested the Agency may wish to wait for a report in final form, with all determinations included in it. The staff's proposed parking plan has been forwarded to the consultant, and the Citizens Advisory Committee has been studying the various proposals. CAC Chairman Russom stated they do not want to lose the momentum and interest in the plan, and are anxious that the staff proceeds with the overall plan and shows how Phase I parking would fit in with traffic flow, etc. He said the CAC is willing and eager to take the lead if given the assignment of involving the merchants in the project. 393 After further discussion, Mr. Miskimen moved and Mr. Mulryan seconded, a motion to approve the work program with the provision that the City may acquire property in the meantime. AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None Chairman Nixon desired that the record show that the Agency has advised the consultant that it is possible the City may acquire land for parking before they finish their report. (Councilman Miskimen left the meeting) Mr. Bok Reitzel's plan for rehabilitation of the downtown area was discussed, after which Mayor Bettini moved and Councilman Jensen seconded, that the plan be referred to staff, with notation that it has the approval of the Agency in concept. AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen RE: RESIGNATION OF JERRY RUSSOM AS CHAIRMAN OF THE CITIZENS ADVISORY BOARD Redevelopment Item Chairman Nixon announced that Chairman Jerry Russom had resigned and suggested a vote of thanks for Mr. Russom's extremely diligent efforts as a member and chairman of the CAC. Councilman Jensen moved that the Agency adopt a resolution thanking Jerry Russom him for the job he has done as Chairman of the Redevelopment CAC. Motion seconded by Mayor Bettini. LYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini VOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen REPORT ON MARINA OPTION Redevelopment Item (Councilman Miskimen returned to the meeting) Councilman Mulryan moved that the Agency endorse the proposal of amending the option to exercise only in the event that the 225 units are approved, to be exercisable not later than April 30, 1977. Motion seconded by Councilman Jensen. RESOLUTION NO. 76-17 - TO ENTER INTO AN OPTION AGREEMENT FOR THE PURCHASE OF THE SAN RAFAEL MARINA SITE AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: Miskimen ABSENT: COUNCILMEN: None (Councilman Mulryan left the meeting) RE: REPORT OF RELOCATION APPEALS BOARD Redevelopment Item IIn the matter of John Perry's claim with regard to reimbursement for relocation, Councilman Jensen moved and Mayor Bettini seconded, that the Agency uphold the Appeals Board and deny the claim. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan ARE: REPORT OF BALLOT MEASURES - FILE 9-4 Council Item The ballot wording was discussed and minor changes made in the proposition on development of senior (citizen housing. `Councilman Nixon then moved approval of the ballot wording, including approval of the two resolutions set forth in the staff report. Motion seconded by Councilman Jensen. RESOLUTION NO. 5230 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL ORDERING CONSOLIDATION OF THE DIXIE SCHOOL DISTRICT GOVERNING BOARD MEMBER ELECTION, MARIN JUNIOR COLLEGE DISTRICT GOVERNING BOARD MEMBER ELECTION, AND THE MARIN COUNTY BOARD OF EDUCATION, TRUSTEE AREA NO. 3 GOVERNING BOARD MEMBER ELECTION WITH THE SAN RAFAEL CITY ELECTION TO BE HELD ON MARCH 8, 1977. AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan RESOLUTION NO. 5231 - RESOLUTION REQUESTING THE BOATD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK OF THE COUNTY OF MARIN TO RENDER SPECIFIED SERVICES RELATING TO THE CONDUCT OF AN ELECTION AND CANVASS OF RETURNS - GENERAL MUNICIPAL ELECTION. 394 In Room 201 of the City Hall of the City of San Rafael, Monday, December 20, 1976, at 4:30 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 San Rafael City Council met in Executive Session to discuss the hiring of Library personnel MARION A GRADY, City Clerk APPROVED THIS �71'1, DAY OF 1977 &-oe4a aztw'- MAYOR OF THE CITY 07 SAN RAFAEL SRCC Minutes (Joint w/Redevelopment) 12/13/77 Continued from Page 393 AYES: COUNCILMEN: Jensen, Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan City Manager Bielser and Councilman Miskimen are to contact attorney Goldfarb for opinion on the word- ing. RE: REPORT ON COUNTYWIDE NARCOTICS ENFORCEMENT UNIT - FILE 9-3-30 Council Item Councilman Mulryan returned to the meeting) Chief Benaderet reported that he had received assurances from the Sheriff's office that the City's concerns will be honored; however, the assurances are not in writing in the document. The document calls for no local control; the program will be administered by the Sheriff. If this is the case, the Council could not have its input. Chief Benaderet would like all agencies to get together and have a joint powers agreement to assure local input and control, with cost to be shared. After discussion, Councilman Nixon moved, and Councilman Mulryan seconded, that the Council postpone their decision until San Rafael and other cities have had an opportunity to review the report. AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None RE: PICKLEWEED PARK FUNDING - FILE 2-1-55 Council Item Councilman Nixon gave a blackboard presentation on acquisition and funding for the purchase of Pickle - weed Park area. The figures he presented were as follows: State Bond Monies $100,000 Open Space $185,000 Redevelopment $200,000 HUD $225,000 710,000 After discussion Councilman Mulryan moved and Councilman Nixon seconded, to allocate $185,000 in Open Space money toward purchase of Pickleweed Park. AYES: COUNCILMEN: Muskimen, Mulryan, and Nixon NOES: COUNCILMEN: Jensen and Mayor Bettini ABSENT: COUNCILMEN: None The Council adjourned to executive session to discuss property acquisition. Adjourned to Monday, January 3, 1977, at 7:30 PM. I MARION A. GRADY, City Clerk APPROVED THIS AY OF w ,1977. MAYOR OF THE C OF SAN RAFAEL