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HomeMy WebLinkAboutMinutes 1970-1973 pt. 4In the Council Chambers of the City of San Rafael, Monday, April 17th, 1972 at 8:00 p.m. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 55 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, and carried, the minutes of the regular adjourned meeting of March 27th, 1972, and regular meeting of April 3rd, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PROPOSED SUBDIVISION - SIXTEEN (16) LOT PLUS REMAINING ACREAGE TENTATIVE SUBDIVISION MAP LAS COLINDAS UNIT 11 - EXTENSION OF WINTERGREEN TERRACE - File 10 - Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner informed the Council that they had before them copies of the Planning Commission minutes containing a list of conditions imposed in the approval of the subdivision map, planning staff report (as presented to the Planning Commission) and a small map of the proposal. He pointed out that the area to the south of the subdivision is outside of the City limits and in answer to the Council's question stated that no conditions had been imposed on the large parcel of approximately 152 acres. Carol Lee Krieger, 618 Las Colindas read and presented to the Council a petition containing 212 signatures. Jean Starkweather, 612 Las Colindas discussed the several springs and marshes in the area and the various marsh plants which grown because of the water. John Starkweather, 612 Las Colindas stated that the area is subject to slides each year due to the ex- cessive ground water. He suggested that detailed geologic mapping should be required for the engineer- ing development of slopes in addition to the soil engineering studies required for site development. Mr. Lyn Parker, 641 Las Colindas spoke of the underground springs which now drain through his yard and thought the proposed development might disturb the ground as it now exists and could well re-route the water. Mr. Albert Schilling, 656 Knocknaboul Way showed pictures of the run-off of water from the hill above his place. Dr. A. W. Hoke, 915 Las Ovejas Avenue presented the request of the Terra Linda Springs Homeowners Associa- tion for a 90 day moratorium to allow time to obtain geologic studies and soild analysis to clarify this issue. Mr. Bud Sthymmel, 642 Las Colindas Road stated that he had appealed the approval of this seventeen lot development because there is no thoroughfare existing from Wintergreen Terrace which creates a serious handicap in fire and police protection. He suggested a 40 foot easement of the contina .tion to the east of Knocknaboul connecting with Wintergreen Terrace. This easement would house the sewer, gas, water and electric lines and when the property to the south is developed a dedicated street would be put on this existing easement. Mrs. Roberts, #1 Wintergreen Terrace is opposed to the subdivision for all of the reasons mentioned but particularly because of the bad traffic problem. Mr. John Stuber of Murray and McCormick, Engineers for the subdivision and representing the owner stated that the subdivision complies with all City requirements, meets the requirements of the Slope Ordinance, no variances are being requested, all utilities can be provided. There are no fire protection problems and no legitimate reason for denying the map. They will comply with all the conditions imposed by the Planning Commission and do not object to the extension of Knocknaboul Way. City Engineer, Ely Caillouette, Jr. was questioned by the Council concerning the extension of Knocknaboul Way and agreed that this would give a better traffic circulation. Councilman Barbier mentioned that the San Rafael and Terra Linda Fire Department have a mutual aid agree- ment for fire protection in that area. Mayor Bettini asked again about the water problem and if the drainage could be taken care of so as to prevent any damage to the adjacent property owners. The City Engineer expressed the beliefs that with proper soils, engineering and geological studies the drainage would be adequately taken care of. City Attorney, Fred Robbins, Jr. answered Mrs. Priscilla Bull's question that this area has not been designed as a plain area. Mayor Bettini delcared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the appeal and uphold the Planning Commission's approval of the tentative subdivision map with the addition of one condition that Knocknaboul Way be extended to meet Wintergreen Terrace and one-half of the right-of-way be improved to standard specifications of the City and a soil and engineering study be made before the final map is pre- sented. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - LUCAS GREEN ANNEXATION - File 5-2-53 Mayor Bettini declared the hearing open. Resolution No. 4166 giving notice of proposed annexation of uninhabited territory and notice of time and place for hearing of protests thereto has been published in the Independent Journal. Assistant City Manager, William Bielser reported that the Local Agency Formation Commission has ordered Community Services District to de -annex this area and there is no choice except to comply. Mayor Bettini declared the hearing closed. RESOLUTION NO. 4189 - A RESOLUTION DECLARING NO MAJORITY PROTESTS TO ANNEXATION. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance approving the annexation of certain uninhabited territory, designated ''Lucas Green Annexa- tion'' to the City of San Rafael, and numbering Charter Ordinance No. 1053 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ABANDONMENT OF PORTION OF 10' WIDE DRAINAGE EASEMENT - 20 OAKMONT COURT - File 2-12 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles reported that Mr. and Mrs. C. J. Barkee of 20 Oakmont Court have requested abandonment of a portion of an existing 10' wide drainage easement on their lot in order to construct a deck and swimming pool partially within the easement area. The legal requirements for post- ing notice of easement vacation have been met and the Department of Public Works recommends approval of the abandonment. RESOLUTION NO. 4190 - RESOLUTION ORDERING CLAOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. (20 Oakmont Court) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ABANDONMENT OF EASEMENT - PORTION OF AUBURN STREET RIGHT-OF-WAY - File 3-5-23 Mayor Bettini declared the hearing open. Director of Public Works, Norris Rawles requested that this item be continued and the matter was con- tinued to May 1st, 1972 at 8:00 o'clock P.M. RE: APPOINTMENT TO BOARD OF EDUCATION - File 9-2-1 Mr. Carl Brown, 47 Longwood Drive, San Rafael appeared before the Council to express his concern about the way the appointment to the school board was made. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 Mr. Edwin N. Ness, attorney for the East San Rafael Drainage Assessment District No. 1 reported on the opening of the bids on the bonds at 2:00 o'clock this afternoon and stated that United California Bank had, through an error, neglected to include the $25,000.00 deposit check with their bid. Mr. James J. Morris, from F=irst California Company stated that the notice inviting bids required any bid to be in strict conformity with the official notice inviting bids and without any qualification. Mr. Hal Fulkerson representing United California Bank stated that the deposit check had been prepared and omitted from the envelope with the bid and that the saving of $14,000.00 by awarding the contract to the low bidder is consequential. Mr. William Cannon also addressed the Council on this matter. After discussion, it was moved by Councilman Jensen, seconded by Councilman Miskimen, to waive the ir- regularity in the bid. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4191 - RESOLUTION AUTHORIZING SALE OF BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EL MARINERO ANNEXATION - File 5-2-55 On March 12th, 1972 the Local Agency Formation Commission considered and approved the application of Mr. Fred Enemark for annexation to the City of San Rafael. 257 City Manager, James H. McCown recommended that the Council take favorably action on this annexation. An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as the "El Marinero Annexation", and numbering Charter Ordinance No. 1054 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP OF SUBDIVISION ENTITLED "QUAIL HILL" - File 5-1-205 City Engineer, Ely Caillouette, Jr. presented the final map of Quail Hill, together with the subdivision agreement and the necessary bonds for faithful performance, labor and material. RESOLUTION NO. 4199 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "QUAIL HILL" Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Councilman Barbier left the Council Chambers. RE: FINAL MAP OF SUBDIVISION ENTITLED "EL PAVO REAL ESTATES" - File 5-1-206 City Engineer, Ely Caillouette, Jr. presented the final map of El Pavo Real Estates, together with the subdivision agreement and the necessary bonds for faithful performance, labor and material. RESOLUTION NO. 4192 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "EL PAVO REAL ESTATES. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: FINAL MAP OF SUBDIVISION ENTITLED "PARKWAY TERRACE" - File 5-1-207 City Engineer, Ely Caillouette, Jr. presented the final map of Parkway Terrace, together with the sub- division agreement and the necessary bonds for faithful performance, labor and material. RESOLUTION NO. 4193 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "PARKWAY TERRACE A CONDOMINIUM PROJECT" Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Councilman Barbier returned to the meeting room. RE: ALLARDT'S CANAL - File 2-1-6 Director of Public Works reported that his department has interviewed surveyors for the survey of Allardt's Canal and requested that the matter be continued. The matter was continued to the meeting of May 1st, 1972. RE: SAN RAFAEL REDEVELOPMENT AGENCY - File 140 1) 1/ - V4 City Manager, James McCown presented a report on the various aspects of community redevelopment as a result of the favorable reaction of the Council at its pecial meeting of April 12, 1972. He presented a map showing a general conceptualized redevelopment area. Assistant City Manager, William Bielser reviewed for the audience the proposed redevelopment plan. RESOLUTION NO 4194 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance declaring the need for a redevelopment agency to function in the City of San Rafael and declaring City Council to be siad redevelopment agency, and numbering Charter Ordinance No. 1055 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY PRESERVE ET AL ANNEXATION - File 5-2-56 Assistant City Manager, William Bielser spoke of the 104 acres of the City's 540 acre Preserve which lie outside of the corporate limits of the City of San Rafael thus presenting a number of problems relating to the City's control over the property and the provision of needed City services. Several owners of mostly undeveloped property in the vicinity request annexation in the same proceedings. He recommended that the Council take favorable action in initiating the City Preserve et al annexation. Mr. Richard Comfort representing Hujon Inc. stated that they are making plans for the use of their prop- erty and want to dedicate some of the land for public purposes and asked about prezoning the land prior to annexation. RESOLUTION NO. 4195 - RESOLUTION DECLARING THE INTENTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL TO INITIATE ON ITS OWN MOTION PROCEEDINGS TO ANNEX CERTAIN UNINHABITED TERRITORY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARKING ON NARROW STREETS - File 11-8 The matter was continued to the meeting of May 1st, 1972• RE: STATE DIVISION OF HIGHWAYS' ACCESS FROM HIGHWAY 17 TO GOLDEN GATE BRIDGE HIGHWAY AND TRANSPORTATION DISTRICT PROPERTY - File 112-2 x 11-1 Director of Public Works Norris Rawles reported that the City staff met with the staff of the California Division of Highways to go over the request of the City that the State provide access from Highway 17 to the property of the Golden Gate Bridge, Highway and Transportation District. After this meeting, the State Division of Highways turned down our proposal. The Public Works Department was authorized to prepare a resolution to the State of California asking that further study be made. RE: ENCROACHMENT INTO DRAINAGE DITCH - File 2-11 Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the request of Carosel Candle Company to install a 20' x 35' concrete pad and drainage facilities in and over a 20' wide drainage ditch between the Bergman Manufacturing property and the N.W.P.R.R. tracks be approved. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSOLIDATING CASH REVOLVING ACCOUNT AND PAYROLL TRUST ACCOUNT - File 8-14 RESOLUTION NO. 4196 - RESOLUTION AUTHORIZING COMBINING OF PAYROLL TRUST FUND ACCOUNT AND CASH REVOLVING FUND ACCOUNT IN AMOUNT NOT TO EXCEED $11,550.00. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR INSTALLATION OF 8"' PIPE BY MARIN MUNICIPAL WATER DISTRICT - File 4-15 RESOLUTION NO. 4197 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Marin Municipal Water District - Fireline extension) Ayes: Councilmen: Barbier, Jensen, Miskimen, MUlryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CAMPAIGN SIGNS - File 125 The City Manager was instructed to call political candidates and inform them of the provisions of the San Rafael Municipal Code relating to political signs and ask them to have nonconforming signs removed within three days. Requests from the committee to elect Michael Peevey and from Marck Tracy on behalf of Gary T. Giacomini were read and discussed. Motion was made by Councilman Miskimen to grant permission to Gary T. Giacomini to post campaign signs in accordance with Section 8.12.090 of the Municipal Code. Councilman Mulryan suggested the motion be amended to grant permission to Gary T. Giacomini and Michael Peevey to post campaign signs in accordance with Section 8.12.090 of the Municj!pal Code with the con- dition that in the case of Michael Peevey he remove his nonconforming signs. After discussion, it was moved by Councilman Miskimen and seconded by Councilman Mulryan, to grant permission to Gary T. Giacomini and Michael Peevey to post campaign signs in accordance with Section 8.12.090 of the Municipal Code. RE: BANNERS - file 125 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to rescind the action of the Depart- ment of Public Works in granting permission for a banner. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT OF DRAINAGE CHANNEL IN EAST SAN RAFAEL - file 2-1 x 2-5 RESOLUTION NO. 4198 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Golden Gate Industrial Park Development) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REVOCATION OF USE PERMIT 70-105 - 1715 LINCOLN AVENUE - File 10-5 The public hearing on the revocation of Use Permit 70-105 located at 1715 Lincoln Avenue as a center for intensive therapy was set for May 15th, 1972 at 8:00 o'clock P.M. RE: ELIGIBILITY LIST FOR FIREMEN - APRIL 1, 1972 - File 7-4 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to accept the eligibility list for position of Firemen as presented by the City Manager. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place the following employees on the regular payroll as Firemen commencing May 1, 1972, to fill existing vacancies: (a) William R. Zahn - Range 14, Step A - $826.00 per month (b) Forbes R. McGrane - Range 14, Step A - $826.00 per month Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OPEN SPACE MORATORIUM - File 10-2 x 10-8 At Councilman Mulryan's suggestion the staff was asked to study the availability of federal money for the purchase of open space. RE: CONSERVATION AND OPEN SPACE ELEMENT OF GENERAL PLAN AND RELATED MATTERS - File 115 x 10-2 The proposal of Planning Director, Herbert G. Hotchner for consultant services with respect to the pre- paration of conservation and open space element of general plan, Slope Ordinance changes and related work as necessitated by the State Planning law changes made in 1971 is to be placed on the agenda for the May 1st, 1972 meeting. RE: COURT HOUSE SQUARE - File 124 The City Council directed City's representatives on the Court House Square Committee to restate the.City's position that we would want 40 to 50 per cent open space in any development of the court house square but that we did not viant this space dedicated as a City park. RE: COMMENDATION - LT. PHILLIP GREEN AND OFFICER HAROLD PENNINGTON - File 102 RESOLUTION NO. 4201 - RESOLUTION OF COMMENDATION (Phillip D. Green) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4200 - RESOLUTION OF COMMENDATION (Harold Pennington) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims a -proved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated April 17, 1972, and Advice on Payroll dated April 20, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARK FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT CAPITAL IMPROVEMENT STORES REVOLVING FUND EQUIPMENT REPLACEMENT $ 131,301.09 1,012.04 1,537.91 37,864.41 167.81 3,276.98 584.04 4,856.14 $ 180,600.42 Payroll: GENERAL FUND $ 118,985.80 PARKS FUND 5,632.60 LIBRARY FUND 5,331.77 129,950.17 The Council adjourned in memory of Mrs. Robert McCarthy, mother of former State Senator, John F. Mc- Carthy. MARION A. GRADY, City Clerk Approved this Lj day of 19 %L . MAYOR OF THE CITY,�OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 1st, 1972 at 8:00 o'clock P.M. Regurlar Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the special meeting of April 12th, 1972 and the regular meeting of April l7th, 1972, a true and correct copy thereof having been submitted to each member, were approved. RE: PUBLIC HEARING - ABANDONMENT OF PORTION OF AUBURN STREET RIGHT-OF-WAY - File 3-5-2 This public hearing was opened on April 17th and continued to this evening. City Engineer, Ely Caillouette, Jr. reported that he has a quitclaim deed from Mr. Flood which gives the City the title to the right-of-way area. He recommended that the quitclaim deed be accepted and $1,000. which Mr. Flood is asking be paid, and the public hearing on the abandonment of a portion of Auburn Street right-of-way be continued to May 15th, 1972. RESOLUTION NO. 4202 - RESOLUTION ACCEPTING QUITCLAIM DEED (Quitclaim Deed From Flood Realty Company for right-of-way of Auburn St., Jacoby Street) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ZONING TEXT AMENDMENT ''ENVIRONMENTAL & DESIGN REVIEW'' - File 10-2 x10-7 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner stated that the text amendment for environmental and design review was prepared over a period of three years during the course of which constant review was solicited and received from the committees representing architects, engineers and developers in this area plus the con- ventional groups who showed interest in improving the appearance of the City. This amendment will re- place the two paragraphs now in our ordinance that provide for architectural approval. While the proposed amendment is new text, it does not represent a departure from what the commission has been requiring in recent years. Mr. Hotchner reviewed portions of the text that differ from what is now bing done under the architectural approval and clarified the meaning of certain wording. Mr. Carl Brown, Executive Director of the Redwood Empire Builders Association, Mr. Crawford and Mr. Ban- ning architects of the firm of Crawford and Banning discussed details of the text with the Council and the City Planner. After discussion, the matter was referred back to the Planning Commission and con- tinued to June 5th, 1972 at 8:00 o'clock P. M. RE: MIRAFLORES AVENUE - File 100 x 9-3-31 Mr. Gerald Vetromile, 48 Miraflores Avenue addressed the Council regarding the recent fire on Miraflores Avenue where the narrow roadway with cars parked on the road plus the low water presure in the area had caused a small fire to consume and destroy a home. He asked the Council to appoint someone to investigate the fire and was invited to attend the Fire Commission meeting at 7:30 on Tuesday, May 2nd to discuss the matter with the Commissioners. RE: JOINT POWERS AGREEMENT WITH COUNTY OF MARIN - SOUTH SAN PEDRO ROAD PHASE IV - File 4-13-14 The Deputy Director of Public Works for the County of Marin presented plans for the widening of South San Pedro Road from Lochinvar Road to Riviera Drive and stated that the County Board of Supervisors will call for bids at their meeting next Tuesday. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to approve the plans and approve the County's call for bids. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED PREZONING CHANGE C -P )PLANNED COMMERCIAL) DISTRICT TO A -P (ADMINISTRATIVE -PROFESSIONAL) DIS- TRICT - 32 SAN PEDRO ROAD - CHARTER ORDINANCE NO. 1052 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1052 - An ordinance amending the zoning map of the City of San Rafael, California adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from C -P (Planned Commercial) District to A -P (Administrative -Professional) District, and numbering Charter Ordinance No. 1052 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EL MARINERO ANNEXATION - CHARTER ORDINANCE NO 1054 - Final Adopt7on - File 5-2-55 CHARTER ORDINANCE NO. 1054 - An ordinance of the City of San Rafael approving the annexation to said City of certain uninhabited territory to be known as the "E1 Marinero Annexation" and numbering Charter Ordinance No. 1054 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL REDEVELOPMENT AGENCY - CHARTER ORDINANCE NO. 1055 - Final Adoption - file 140 CHARTER ORDINANCE NO. 1055 - An ordinance declaring the need for a redevelopment agency to function in the City of San Rafael and declaring City Council to be said redevelopment agency, and numbering Charter Ordinance No. 1055 was passed and adopted as an ordinance of the City of San Rafael. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED ORDINANCE AMENDING TITLE 5, CHAPTER 5.40, SECTION 5.40.220, PARKING ON NARROW STREETS - File 11-8 An ordinance of the City of San Rafael amending Title 5, Chapter 5.40, Section 5.40.220, parking on un- improved streets and numbering Charter Ordinance No. 1056 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR CONVEYANCE OF PROPERTY - "COURTHOUSE SQUARE" - File 124 An agreement between the County of Marin and the City of San Rafael for the conveyance of the courthouse square was discussed and the matter was continued to the meeting of May 15th, 1972. RE: SETTING FEES FOR FILING OFFICIAL COPIES OF PLANS OF BUILDINGS - File 9-10.2 RESOLUTION NO. 4203 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, RELATING TO OFFICIAL COPIES OF PLANS OF BUILDINGS FOR WHICH BUILD- ING PERMITS ARE ISSUED. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPORTIONMENT OF CALIFORNIA'S FEDERAL "TOPICS" FUNDS - File 4-10-50 RESOLUTION NO. 4204 - RESOLUTION OF THE CITY OF SAN RAFAEL'S INTENT TO OBLIGATE ITS APPORTION- MENT OF CALIFORNIA'S FEDERAL TOPICS FUNDS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC SIGNAL SYSTEM INTERCONNECTION AND IMPROVEMENT -TOPICS PROJECT T3072 (22) - File 4-1-191 RESOLUTION NO. 4205 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR TRAFFIC SIGNAL SYSTEM INTERCONNECTION AND IMPROVEMENT -TOPICS PROJECT T3072 (22) - (Bid opening Friday, May 26, 1972 at 10:00 o'clock a.m.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent:- Councilmen: None RE: PROPOSED ROADWAY IMPROVEMENTS FOR SMITH RANCH ROAD - File 2-2 The matter of accepting the deed granting the right-of-way for the proposed roadway improvements for Smith Ranch Road and the agreement for installation of roadway improvements for Smith Ranch Road was continued to May 15th, 1972. RE: ACCEPTANCE OF DEED FROM McKEON CONSTRUCTION GRANTING RIGHT-OF-WAY OF BELLAM BOULEVARD AND BAHIA WAY, AS SHOWN ON THE SUBDIVISION MAP OF ''BAHIA DE RAFAEL UNIT 1" - File 5-1-20 RESOLUTION NO. 4206 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ACCESS FROM HIGHWAY NO. 17 - EAST SAN RAFAEL - File 112-2 x 11-16 RESOLUTION NO. 4207 - RESOLUTION REQUESTING THE STATE DIVISION OF HIGHWAYS TO REVIEW THE CONSIDERATION OF ACCESS FROM HIGHWAY 17 TO ADJACENT AREAS IN EAST SAN RAFAEL. .2 Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ALLARDT'S CANAL SURVEY - File 2-1-6 City Engineer, Ely Caillouette, Jr. reported that proposals for the sruvey of Allardt's Canal had been received from various engineers and surveyors and recommended that Hoffman and Albritton's proposal be accepted with an agreement to be worked out with them. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to accpet the City Engineer's re- port and proceed with an agreement with Hoffman and Albritton. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRANSFER OF FUNDS FROM UNAPPROPRIATED SURPLUS IN THE PARKING DISTRICT NO. 1 - File 8-14 The City Finance Director requested Council approval of an appropriation of $11,827. from the unappro- pritated surplus in the Parking District No. 1 Fund. This amount was used in the restoration of the old courthouse parking lot after the building, which had been damaged by fire, was razed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to appropriate $11,827. from the unappropriated surplus Parking District No. 1 Fund. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSERVATION AND OPEN SAPCE ELEMENT OF GENERAL PLAN AND RELATED MATTERS - File 115 x 10-2'� Planning Director, Herbert Hotchner presented a proposal from Sedway/Cooke, Urban and Environmental Designers for services relating to review of existing planning instruments, measured against new re- quirements of the State Planning Law and the State Subdivision Map Act; assistance in initiation of work on the required open space and conservation elements in the General Plan; and assistance on the initia- tory phases of redevelopment. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to enter into an agreement with Sedway/Cooke as outlined in th eir proposal with enlargements of the scope of services to provide ser- vices relating to assistance on the initiatory phases of redevelopment up to a maximum of an additional $4,000.00. RESOLUTION NO. 4208 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Sedway/Cooke) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OPEN SPACE ACQUISITION PROGRAM - File 13-14.1 Pierre W. Joske, Director of the Marin County Parks and Recreation Department outlined for the City Coun- cil a plan for City -County cooperation in acquisition of open space throughout Marin County. This ac- quisition would be funded through an increase of the County tax rate by 10�. After discussion, the Council agreed that the proposal has great merit but that the City would want some jurisdiction in determining what areas would be acquired and recommended that the proposal be put to the vote of the people as soon as possible. RE: SURVEY OF OPEN SPACE ACQUISITION FUNDS - F -le 13-14.1 A report from City Manager, James H. McCown suggesting that the Council give serious consideration to authorizing the staff, by resolution, to file application for 50% matching funds from the Bureau of Outdoor Recreation Land and Water Conservation program for the acquisition of the Mont Marin area now subject to a moratorium was discussed by the Council. Motion was made by Councilman Miskimen, seconded by Councilman Jensen, to approve the City Manager's re- commendation. RESOLUTION NO. 4209 - RESOLUTION OF THE CITY COUNCIL OF SAN RAFAEL APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - MONT M AIN PROJECT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LOCATION OF FUTURE SENIOR CITIZENS RECREATION CENTER - File 123 The Council discussed the Fourth and Union Street property owned by the City of San Rafael as a location for the future senior citizens recreation center and agreed to set the property aside for this use, and assist the senior citizens in everyway possible. RE: OUTSTANDING SENIOR CITIZEN OF MARIN - File 123 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to nominate Marguerite F. Simpson to represent San Rafael as outstanding senior citizen of Marin in the competition sponsored by the Marin Coordinating Council of San Rafael. RE: BANNERS, SIGNS AND ADVERTISING DEVICES - File 125 An ordinance of the City of San Rafael, repealing Sections 8.12.130 and 8.12.140 of the Municipal Code of San Rafael re banners, signs and advertising devices, and numbering Charter Ordinance No. 1057 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SUPERVISOR OF PUBLIC WORKS - File 9-3-40 An ordinance of the City of San Rafael amending Title 2, Chapter 2.12, Section 2.12.280 by deleting there- from the portion relating to the direction and control of the Supervisor of Public Works, and numbering Charter Ordinance No. 1058 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL REDEVELOPMENT AGENCY (COMMUNITY REDEVELOPMENT LAW OF THE STATE OF CALIFORNIA) - File 140 RESOLUTION NO. 4210 - RESOLUTION DESIGNATING REDEVELOPMENT SURVEY AREA A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERMIT TO INSTALL POOL TABLES - 809 LINCOLN AVENUE - File 9-10 Motion was made by Councilman Jensen, seconded by Councilman Barbier, the application of Jess Coleman Restaurant and Recreation Center for a permit to install eighteen pool tables at 809 Lincoln Avenue, San Rafael be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TOWN MEETING - File 9-3-18 Motion was made by Councilman Miskimen, seconded by Councilman Barbier, request of Peter C. Meyer for use of the Council Chambers on May 2,6th, 1972 for a San Rafael Town meeting be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PROPERTY DAMAGE - File 3-1-5 City Attorney, Fred C. Robbins, Jr. reported on the claim of Andrew James Ring III and Elizabeth L. Ring, 5 Locksly Lane for damages to their home on September 27, 1971 when the city sewer near the intersection of Lochnivar and Locksly Lane stopped up and sewage backed into their home. The City's insurance carrier has investigated and paid the claim totalling $4,192.20 less $2,000.00 deductible. Mr. and Mrs. Ring are requesting permission to file a late claim and recover the $2,000.00. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to permit the filing of a late claim and authorize the payment of $2,000.00 to settle this claim. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: POLITICAL SIGNS - File 125 Councilman Miskimen pointed out that there are still political signs standing in violation of City Ordi- nances. City Manager reported that as of this date all political signs have been reported from City hark- ing lots. RE: SAN RAFAEL PUBLIC LIBRARY - File 9-3-61 Mayor Bettini reported that he had received a letter from Mr. James H. Mayoer, a member of the Library Board of Trustees asking the City Attorney to investigate the possibility of removing the reversionary provision of the Library Deed. The City Attorney was asked to review the matter and report at the next Council meeting. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advide on Warrants dated May 1st, 1972, and Advice on Payroll dated May 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: .2b Claims: GENERAL FUND $ 30,405.72 PARK FUND 619.76 LIBRARY FUND 3,133.43 PARKING DISTRICT 621.89 CAPITAL IMPROVEMENT 112,404.20 STORES REVOLVI NG FUND 253.36 EQUIPMENT REPLACEMENT 1,225.98 $ 148,664-34 Payroll: GENERAL FUND $ 123,399.63 PARKS FUND 6,136.40 LIBRARY FUND 5,191.91 134,727-97- Council 3 ,727.9 -Council adjourned to Monday, May 15th, 1972 at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this /S ;/-kday of 1972. MAYOR OF THE CITY �OF SAN RAFAEL 0 In Room 201 of the City of San Rafael, Monday, May 15th, 1972 at 7:30 o'clock P.M. Special Meeting: RE: COMMENDATION - File 102 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RESOLUTION NO. 4211 - RESOLUTION OF COMMENDATION (Roy W. Conyers) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - SUSPENSION OF LARRY PETRETTI - File 7-5 The Council discussed the reprot and recommendations of the Board of Review that Mr. Petretti be re- instated with payment of salary retroactive to the effective date of his suspension. After discussion, it was agreed that Larry A. Petretti would be reinstated after thirty days but that his suspension would continue to be without pay. MARION A. GRADY, City Clerk Approved this day of / --7e- 19 72_, MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, May 15th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Barbier, seconded by Councilman Jensen, and carried, the minutes of the regular meeting of May 1st, 1972, a true and correct copy having been heretofore submitted to each member were approved with correction of a typographical error in the date for town meeting which should read May 24th, 1972. RE: INVITATION TO MONT MARIN OPEN SPACE FAIR - File 108 Mrs. Richard Sullivan of 23 Upper Oak Drive and five little girls presented the Council with bouquets and invitations to attend the open space street fair on Saturday, June 3rd on old Lucas Valley Road. The funds raised will be used to form an assessment district to buy open space to present to the City. RE: REVOCATION OF USE PERMIT 70-105 - ALVIN AND RHODA WASSERMAN AND DAVID AND RUTH ROSEN - 1715 LINCOLN AVENUE - File 10-5 Mayor Bettini declared the hearing open. City Attorney, Fred Robbins, Jr. advised the Council that it was sitting as a quasi-judicial body to determine whether or not the use permit has been violated and whether or not under the circumstances the use permit should be revoked. He outlined the procedures to be followed in the calling of witnesses, swearing them in, examining and cross examining witnesses. Planning Director, Herbert G. Hotchner addressed the Council stating that they had before them a copy of the minutes of the Planning Commission meeting of March 28th, in full, as they pertain to this item; a copy of the map that accompanied that action to the Planning Commission; a report dated April 27th, 1972 entitled ''Report and Recommendations Resulting from Public Hearing to Consider Revocation of Use Permit 70-105, 1715 Lincoln Avenue'' which summarized the action relative to and leading up to the decision of the Planning Commission to not revoke the use permit. Mr. Hotchner quoted from the report the primary points brought up at the public hearing before the Planning Commission. He stated that he had a complete file including copies of some sixty letters to the Planning Commission from patients who had been treated at the Therapy Center. The use permit was issued in 1970 and the specifications on the application state ''Use Permit to Allow Doctor's Office on Property''. The question raised at the Planning Commission hear- ing was whether the use for psychiatric treatment in the manner conducted was a doctor's office in the context of the use permit. Other questions raised were residency on the site, parking and other problems and the Planning Commission made the determination and unanimously recommended that the use permit should not be revoked. In answer to the Council's question, Mr. Hotchner stated that in the R-4 transient re- sidential district which governs this property, professional offices (doctor's offices) are permitted and that two limitations were placed on the use permit (1) that three professional people be permitted to operate on the site and (2) residency be limited to these professional people. Mr. Joseph Sheeks representing the owners of the property and the people who are exercising the use of the property, Mr. David Rosen and Mr. Alvin Wasserman spoke, pointing out that the issue here tonight is solely the question of whether or not use permit has been exercised in a manner in which it was granted. Dr. David Rosen was sworn in and testified that the use permit obtained on December 1st, 1970 provides for office use involving three person exclusive of patients. There are no restrictions on parking or traffic. As for the nature of the work at the center, they are doing an intensive form of therapy that involves three weeks during which patients live at the Colonial Motel or the Villa Rafael Motel. Patients are not permitted to use alchohol, tobacco or drugs of any kind during treatment. They are not allowed to drive or make contact with family, friends or business associates or anyone other than their therapists during the three week period. The center is not taking care of people who are released from state mental hospital as has been alleged. All of the therapists working in the building are part time workers and the number varies from week to week and the traffic flow is not any greater than if three pediatricians or general practitioners were working full time at this building. To eliminate two problems which neighbors have complained about, air conditioning has been installed in the offices so that the windows of the building have been shut and the small identifying sign has been removed. Mr. Robert F. MacKay representing the petitioners for revocation of the use permit questioned Dr. Rosen concerning the names of the five to eight therapists who work at the center and also the names on the nameplate. Mr. Jesper Strangaard, Engineer, was sworn in and gave a statement regarding a traffic count conducted during an eight hour period for three days. He presented a graph which showed that five times as many cars went to the apartments behind the center as to the center itself and eight times as many pedestrians used the driveway to the center as to the apatments. Also, a check of the available parking spaces on Lincoln Avenue indicated that almost all day long there were available empty spaces. Mr. Joseph Sheeks then summed up the presentation stating that in his opinion, there is no significant violation of the use permit. He presented copies of letters from the motels where the patients stay while undergoing treatment as well as from neighbors who had originally signed the petition against the center and have since requested that their names be removed from the petition. Mr. Robert F. MacKay addressed the Council stating that he represented Mr. Pat Tarrant, J. Warren Nute and other property owners and tenants similarly situated. He asked that the Counctl consider the character of the neighborhood as it is an extremely important issue and in the area of a use permit, finding must be made that the use is compatible with the neighborhood. He submitted that the use permit which was granted was for a doctor's office in the singular, that is, for one doctor. A petition containing 51 signatures which vras presented at the time of the hearing By the Planning Commi;ss..ion is signed by prop- erty owners in the area who are affected by the use of this property. The permit provides for three persons which would be a doctor and perhaps a nurse and a therapist assisting the doctor and not three doctors. Mr. MacKay pointed out that there would naturally be more automobile traffic to the apartments as there are off-street parking spaces provided for the apartments, whereas, there are only four spaces permitted to the center. Mr. MacKay pointed out that the property in question was sold from Mr. Owen to Dr. Rosen in 1970 and not legally subdivided. At the December 1st, 1970 meeting the subdivision was permitted on condition that a further map be filed. This map has not been filed. It is customary to give notice to property owners, however, no notice was given in granting the subdivision of the lot and an exception was granted on the street frontage requirement. This exception requires a finding of necessity, hardship, special circum- stances and that the exception is not detri.mental to public welfare and the neighborhood in particular. Zoning ordinance provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare and use permits shall be issued if the findings of the Planning Commission shall be that the establishment, maintenance or operation of the use and/or structures applied for will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood. The conditional use permit issued to Dr. Rosen by way of Mr. Owen is, in fact, a clinic. The business license shows clinic and it is listed in the yellow pages as a clinic. The parking is wholely inadequate for a clinic. The use of this property as a clinic has changed the neighborhood considerably and it is not a proper use, it is prohibited by law and prohibited under the conditions of the use permit. Mr. J. Warren Nute was sworn and presented the following testimony. He is the owner of the property ad- jacent to the thereapy center and resided there for fourteen years. The property has been rented since June of 1969. A sign was placed which confused people to believing that his home was the therapy center and his tenants have been bothered many times late at night. The use permit was grantedwithout any notification to the people within the neighborhood, there is no street frontage for the property and the use of the property has been misrepresented. The number of parking spaces provided does not meet the requirements of the zoning ordinance. He asked the Council to overrule the Planning Commission's deci- sion and revoke the use permit. In answer to the Council's questions Mr. Nute observed that the neigh- bors were bothered by the traffic, trash in the driveway noise from the screaming, and the general ap- pearance of the patients, and he answered Mr. Sheeks' question by stating that from the driveway he could still hear the noise of the activity inside the center. Mr. Pat Tarrant was sworn in and stated that he is the owner of a 28 unit apartment house in back of the center and that the operation of the center is not too detrimental at this time to his investment as there is shortage of apartments but in five years it may be different. He stated that the attire of the patients is detrimental to the neighborhood and that their actions at sometimes frighten his tenants. In answer to the Mayor's question he stated that since the Planning Commission hearing there has been a great change in the extent of the operation at the center. Mr. MacKay summarized by stating that he had other witnesses who would testify as to the garbage and per- sonal items strewn all over, people staying all night at the center and persons staring in a daze at the apartment tenants. He admitted that there had been greater violations in the past but that the violations still continue and the character of the neighborhood has changed considerably. Planning Director, Herbert Hotcherh, in answer to the Council's questions, stated that the use permit reads ''Use Permit to Allow Doctor's Office on Premises'' and restated the two conditions attached to the use permit. He also stated that there is not requirement in the zoning ordinance that there be a public hearing for a use permit. It is usually done as a courtesy. This matter was considered as a non -agenda item on November 24th, 1970 at the request of Mr. Timmer after a favorable vote by the Commissioners to hear the matter. There was no staff preparation of the matter. He stated that there is a difference between a doctor's office and a mental health clinic but it is a matter of degree. In answer to the Mayor's question Mr. Hotchner stated that the uses in the neighborhood would permit a psychiatric clinic at this location if the proper conditions were attached and were enforced. The Council then considered the conditions which might be attached if a new use permit were to be issued. After discussion, Mr. Sheeks and Mr. MacKay agreed to a continuance of the matter to June 19th, 1972 at 8:00 o'clock P.M. RE: PUBLIC HEARING - REZONING OF PROPERTY LYING BETWEEN FRANCISCO AND BELLAM FROM PCMH (PLANNED COM- MERCIAL AND LIGHT INDUSTRIAL WITH PARKING REQUIREMENTS) DISTRICT TO P -C PLANNED COMMUNITY DIS- TRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner stated that this zoning change was to provide for a planned in- dustrial district of the high caliber of Northgate Industrial District and stated that the Council had before them the list of conditions which control the development and use of the property. The matter was unanimously carried at the Planning Commission hearing. Councilman Mulryan questioned the size of some of the lots which are 75 by 160 feet and asked if they were large enough since off-street parking would be required in connection with any development. The Planning Director advised him that any development would require architectural approval of the Planning Commission. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to rezone property to P -C Planned Community District with the condition imposed by the Planning Commission. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from PCMH (Planned Commercial and Light Industrial with Parking Requirements) District to P -C (Planned Community) District, and numbering Charter Ordinance No. 1059 was read, introduced and ordered passed to 269 print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT - File 6-22 On April 3rd, 1972 the City Council adopted a Resolution of Intention to form a drainage maintenance dis- trict in the East San Rafael Drainage Assessment District No. 1. This is the time set for hearing on said maintenance district. Mayor Bettini declared the hearing open. The two letters of protest which had been received, one from Francisco Company, the owner of parcels 1, 2, 3, 12 and 30 and Mr. Martin Bramante who has an option to purchase the property and one from Equitable Development Company, the owner of parcels 4 and 5 were noted. Mr. Bruce Bernhard representing Martin Bramante addressed the Council stating that they have no objection to a maintenance district on the levee but feel that they should not be required to bear the cost of maintaining drainage facilities and pumping facilities. Mr. Dino Ghilotti questioned if anyone else annexed to the drainage district would they also be required to participate in the maintenance district and was informed that they would be. Mayor Bettini declared the hearing closed. RESOLUTION NO. 4212 - RESOLUTION OVERRULING PROTESTS, DRAINAGE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4213 - RESOLUTION ORDERING AND FIXING BOUNDARIES OF DRAINAGE MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, TITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4214 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 3998 WITH RELATION TO GAS FACILITIES, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO 4215 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL IN CONNECTION WITH EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4216 - RESOLUTION OF AWARD OF CONTRACTS, EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4217 - RESOLUTION AUTHORIZING EXCUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND GHILOTTI BROS., INC. FOR WORK TO BE DONE IN SCHEDULE B IN EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4218 - RESOLUTIONCONFIRMINGPAID AND UNPAID LIST, EAST SAN RAFAEL GUUN�Y�ECALIFORNIAT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4219 - RESOLUTION ESTABLISHING MATURITY SCHEDULE FOR BONDS, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - ABANDONMENT OF PORTION OF AUBURN STREET RIGHT-OF-WAY - File 3-5-23 This public hearing was opened on April 17th and continued to this evening. Public Works Department recommends that the Resolution abandoning the right-of-way be adopted. Mr. Richard Tarrant representing Mr. Walker stated that he is in full support of the procedure recommended by the City Engineer and is working with him on the details of the exchange of property. Mayor Bettini declared the public hearing closed. RESOLUTION NO. 4238 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. (Portion of Auburn Street Right -of -Way) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COMMENDATION - PUBLIC WORKS DEPARTMENT AND POLICE DEPARTMENT - File 102 Mr. Steve Thomas, 1680 Grand Avenue, San Rafael expressed his appreciation to the Public Works Department and the Police Department for the efficient manner in which they handled the re-routing of traffic on to Grand Avenue during the Sanitary Sewer Reconstruction Project work on Lincoln Avenue. RE: COMMENDATION - TROOP 10 BOY SCOUTS OF AMERICA - File 102 City Attorney, Fred Robbins, Jr., informed the Council that Troop 10 of the Boy Scouts of America had removed six to eight truck loads of trash from Bay Hills Drive which leads to the city -owned property recently acquired for open space as a civic service project. The City Manager was directed to write a letter of thanks to the Boy Scouts for this service. RE: RESULTS OF APPEAL - LARRY PETRETTI - File 7-5 City Attorney, Fred Robbins, Jr., reported that the action of the City Council in suspending Larry Petretti had been appealed to the Board of Review and after hearing the matter, the Board of Review made certain recommendations to the Council which the Council considered in executive session prior to this nights meeting. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that at the end of the thirty days suspension without pay, Larry Petretti be reinstated and his pay be at the same rate as prior to his suspension. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT FOR CONVEYANCE OF PROPERTY - "COURTHOUSE SQUARE'' - File 124 x 4-13-29 x 4-10-54 City Attorney, Fred Robbins, Jr. presented agreement for conveyance of property between the County of Marin and the City of San Rafael and agreement for conveyance of property between the City of San Rafael and McKeon Construction, the terms of which were discussed at length by the City Council. At the close of this discussion, the Mayor asked for an expression of opinion from each of the Councilman as to whether or not the Courthouse Square should be developed or left as open space. The Council unanimously agreed that the property should be developed. RESOLUTION NO. 4221 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (County of Marin) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4222 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (McKeon Con- struction) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GARBAGE AND REFUSE DISPOSAL - File 13-2 An ordinance of the City of San Rafael amending Title 9, Chapter 9.16, Section 9.16.040 entitled collec- tion service - frequency - rates of the Municipal Code of San Rafael by adding thereto provisions for owners' responsibility, and numbering Charter Ordinance No. 1060 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT - MARIN SANITARY SERVICE - File 4-3-32 Mr. Albert Bianchi representing Marin Sanitary Service addressed the Council regarding the need for higher rates for the collection of materials which have been compacted by mechanical, electrical or hydraulic methods. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the rates as presented and to authorize the Mayor and City Clerk to sign the third amendment to the agreement with the Marin Sanitary Service. RESOLUTION N 0. 4223 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT (Marin Sanitary Service) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: INDUSTRIAL WASTE - File 13-12 City Engineer, Ely Caillouette, Jr. presented a propsoed ordinance for the control of toxic waste in the sanitary sewer system as required by the State Regional Water Quality Control Board. The ordinance was referred to the City Attorney for comment and the matter continued to the meeting of June 5th, 1972. RE: ACCEPTANCE OF DEED FOR SMITH RANCH ROAD - File 2-2 RESOLUTION NO. 4224 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Smith Ranch Road) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ROADWAY IMPROVEMENTS - SMITH RANCH ROAD - File 11-15.1 X City Engineer, Ely Caillouette, Jr. presented agreements and bonds for the construction of roadway im- provements for Smith Ranch Road. The City Engineer reported that the agreement called for the construction of one-half of the new Smith Ranch Road only and that the present owners of the Smith property had agreed that the other one-half of the road would be constructed in the future at the time the property develops, and that a assessment district will be formed for this purpose. A discussion was then held as to how this would be legally done it was agreed to by the owner, Michael Smith, that all of the present Smith property west of the N.W.P.RR. will be subject to this development cost. When the owner of any portion of this area makes application for development, it will be required by the City that the owner of record enter into an irrevocable agreement to pay his proportionate share of the construction costs of the remaining one-half of the roadway including utility and street lighting system and also will agree to waive all protests to the proposed assessment district. The areas to be assessed when future development occurs are shown on the map on file in the City Clerk's office and on file with the City Engineer and are further described as Marin County Assessor's Parcel Numbers 155-120-08, 27 and 35 as of this date. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, the Mayor and City Clerk be authorized to sign the agreement as presented and that as future development occurs each owner shall be required to enter into an irrevocable agreement to enter into an assessment district for his share of the cost of the road and to waive any right to protest. RESOLUTION NO. 4225 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Smith Ranch Road) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - File 6-24 Mr. Edwin N. Ness from the law firm of Sturgis, Den -Du lk, Douglass and Anderson presented to the Council proceedings to initiate the formation of an assessment district for the purpose of financing the public improvements in Bahia de Rafael Industrial Park Assessment District. Proceedings will be taken under the provisions of the Municipal Improvement Act of 1913 with bonds to be issued under the provisions of the Improvement Act of 1911. The petition to the City Council by McKeon Construction was filed, together with the boundary map of the proposed assessment district; the Certificate of Engineer as to the percent- age of signatures to the petition; the Certificate of Ownership; and Statement of Value of the Appraiser. RESOLUTION NO. 4226 - RESOLUTION APPROVING BOUNDARY MAP. RESOLUTION NO. 4227 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING THEREON, IN CONNECTION WITH BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA RESOLUTION NO. 4228 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT. Mr. Ness pointed out that it is the City's intention to name the City Engineer as Engineer of Work. Where- ver in the proceedings Gonzalez and Oberkamper are mentioned as Engineer of Work it shall be understood that they are the Project Engineers. RESOLUTION NO. 4229 - RESOLUTION APPOINTING PROJECT ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONVEYANCE OF RIGHT-OF-WAY OF THE WESTERLY EXTENSION OF MANUEL T. FREITAS PARKWAY - File 2-2 RESOLUTION NO. 4230 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Green Oaks) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP OF SUBDIVISION ENTITLED "GREEN OAKS, A CONDOMINIUM" - File 5-1-208 City Engineer, Ely Caillouette, Jr. presented the final map of Green Oaks, a Condominium, together with the subdivision agreement and the necessary bonds for faithful performance, labor and material. RESOLUTION NO. 4231 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "GREEN OAKS, A CONDOMINIUM" Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FINAL MAP OF SUBDIVISION ENTITLED "QUAIL HILL TOWNHOUSES" - File 5-1-209 City Engineer, Ely Caillouette, Jr. presented the final map of Quail Hill Townhouses, together with the subdivision agreement and the necessary b onds for faithful performance, labor and material. RESOLUTION NO. 4232 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "QUAIL HILL TOWNHOUSES" Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OPEN SPACE ACQUISITION PROGRAM - File 13-14.1 Assistant City Manager, William J. Bielser presented to the Council a resolution which provides for the adoption in principal of a portion of the Countywide Preliminary Plan. This proposed action is necessitated by the requirement of the Bureau of Reclamation that agencies apply- ing for matching funds have adopted some form of open space Master Plan. RESOLUTION NO. 4233 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING IN PRINCIPAL AN OPEN SPACE PLAN. Ayes: Councilmen: Barbier, Miskimen and Mulryan Noes: Councilmen: Jensen and Mayor Bettini Absent: Councilmen: None RE: ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 5, CHAPTER 5.40 PARKING ON NARROW STREETS - File 11-8 The Council considered a letter from City Attorney, Fred C. Robbins, Jr. to the City Clerk stating that the ordinance that was passed amending Section 5.40.220 was incorrectly passed and therefore, in his opinion, should not be published as it would have to be republished at the time the City Council makes changes. The matter was referred back to the Traffic Committee for further study. RE: STOP SIGN ON NYE STREET AND LAUREL PLACE SOUTHBOUND -STOP SIGN ON MISSION AVENUE AT MARY STREET - BOTH DIRECTIONS - File 11-9 RESOLUTION NO. 4234 - RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Nye Street at Laurel Place - Southbound) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4235 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Mission Avenue at Mary Street - Both Directions) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1053 - Final Adoption - LUCAS GREEN ANNEXATION - File 5-2-53 CHARTER ORDINANCE NO. 1053 - An ordinance approving the annexation of certain uninhabited territory, designated "Lucas Green Annexation" to the City of San Rafael, and numbering Charter Ordinance No. 1053 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1057 - FINAL ADOPTION - BANNERS, SIGNS AND ADVERTISING DEVICES - File 125 CHARTER ORDINANCE NO. 1057 - An ordinance of the City of San Rafael, repealing Sections 8.12.130 and 8.12.140 of the Municipal Code of San Rafael re Banners, Signs and Advertising devices, and numbering Charter Ordinance No. 1957 was passed and adopted as an ordinance of the City of San Rafael by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CHARTER ORDINANCE NO. 1058 - FINAL ADOPTION - SUPERVISOR OF PUBLIC WORKS - File 9-3-40 CHARTER ORDINANCE NO. 1058 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.12, Sec- tion 2.12.280 by deleting therefrom the portion relating to the direction and control of the Supervisor of Public Works, and numbering Charter Ordinance No. 1058 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SANITARY SEWER RECONSTRUCTION PROJECT - PHASE 1, WS -CALIF. 358 - File 4-1-189 RESOLUTION NO. 4236 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. (June 20th, 1972) Ayes: Councilmen: Barbier, Jensen, Miskiman, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: H.U.D. SEWER GRANT AGREEMENT PROJECT NO. WS -CALIF. 358 -FIRST AMENDATORY GRANT AGREEMENT - File 4-10-49 Director of Public Works Norris Rawles presented a revised H.U.D. Grant Agreement necessitated by the in- crease in our Grant amount, from $275,300 under the original Agreement to $500,300 proposed under the re- vised Agreement. RESOLUTION NO. 4220 - RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC CONTROL ON ANTONETTE AVENUE - File 11-8 x 11-12 Councilman Harry Barbier requested that consideration for some type of traffic control on Antonette Avenue be given. The matter was continued to June 5th, 1972. Mayor Bettini left the Council Chambers. RE: EXCAVATION PERMIT FEES - File 9-10.2 Assistant City Manager, William J. Bielser reported that staff has found that City ordinances are in con- flect on the question of permit fees for excavation and fills. He pointed out the difference between fees adopted by the Uniform Building Code and the San Rafael Municipal Code. After discussion, the Council took the following actions: An ordinance amending Title 11 by deleting Chapter 11.10 and adding to Chapter 11.00 weight limitations exemptions and numbering Charter Ordinance No. 1061 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini An ordinance amending Chapter 70 of the Uniform Building Code by deleting the fee schedule set forth therein and adopting fees by Resolution of the City Council, and numbering Charter Ordinance No. 1062 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4237 - RESOLUTION SETTING PLAN CHECKING FEES AND GRADING PERMIT FEES AS REQUIRED BY CHARTER ORDINANCE NO. 1062. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini Mayor Bettini returned to the meeting. RE: EQUIPMENT REPLACEMENT RESERVE FUND - File 8-14 City Manager, James H. McCown requested authorization of the City Council to seek bids for replacement of city vehicles. He was requested to submit a list of city employees now assigned city vehicles and the matter was continued. RE: CITY -COUNTY PLANNING COUNCIL OF MARIN - ENVIRONMENTAL QUALITY COMMITTEE - File 4-13-24 The request of the Environmental Quality Committee of the City -County Planning Council to appoint a citi- zen to represent San Rafael to participate in its work was continued to June 5th. RE: SAN RAFAEL BOARD OF EDUCATION - File 9-2 The request of the San Rafael Board of Education to have a committee of two Councilmen and Two Board members meet together to discuss the possibility of a City Charter Revision related to filling vacancies on the Board of Education was conwidered. The Council is in agreement that the Charter should be re- vised in this matter, and will place an amendment on the ballot in the next April 1973 Election. RE: BAY AREA SEWAGE SERVICE AGENCY - File 141 Mayor Bettini will appear at the Marin County Board of Supervisors meeting on May 18th to recommend an appointment to the Bay Area Sewage Service Agency. (BASSA) RE: PROPOSED ORDINANCE B ANNING SALES OF BEVERAGES IN ONE-WAY BOTTLES - File 13-2 A letter from Jean S. Barnard, Mayor of the City of Mill Valley relating to an ordinance banning sale of beverages in one-way bottles proposed by the City of Mill Valley was continued. RE: CALL FOR BIDS AND CONTRACTS FOR THE PUBLICATION OF LEGAL NOTICES - File 4-2-94 City Clerk, Marion Grady was directed to seek bids from four local newspapers of general circulation in the City of San Rafael for advertising for fiscal year 1972-73. RE: SAN RAFAEL PUBLIC LIBRARY - File 9-3-61 City Attorney, Fred C. Robbins, Jr. reported that he had investigated the possibility of removing the re- versionary provision in the Library Deed and was requested to convey his findings to Mr. James H. Mayer, Library Board Trustee. RE: CLAIM - PERSONAL DAMAGE - LAUREL L. CARVER - File 3-1-t A request of Mrs. Laurel L. Carber for permission to file a late claim was received. City Attorney, Fred C. Robbins, Jr. reported that he could find no basis on which to allow the filing of a late claim. Motion was made by Councilman Jensen, seconded by Councilman Mulyran to deny the request. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to transfer Robert J. Moore from EAA Program to regular monthly payroll as Groundsman, Range 9, Step A, $659.00 to fill existing vacancy, effective April 24, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place Harold C. Whitmore on re- gular monthly payroll as Groundsman, Range 9, Step A, $659.00 to fill existing vacancy, effective May 2, 1972 Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to place Linda R. Hill on regular monthly payroll as Typist Clerk II, Range 3a, Step A, $517.00 to fill existing vacancy, effective May 1, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to appoint Frank D. Riggs as Auxiliary Police Officer effective immediately. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None 2 "i 115 All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated May 15th, 1972, and Advice on Payroll dated May 19th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARK FUND LIBRARY FUND EMPLOYEE RETIREMENT FUND PARKING DISTRICT CAPITAL IMPROVEMENT STORES FUND EQUIPMENT REPLACEMENT Payroll: GENERAL FUND PARK FUND LIBRARY FUND $ 23,098.00 1,457.63 3,125.57 38,303.92 136.40 1,562.18 1,196.69 26,477.86 $ 95,35 .25 $ 120,761.38 5,617.10 5,302.37 131,68075- The 31, 0. 5 The City Council adjourned at 2:15 a.m. to a joint meeting with the San Rafael Planning Commission on May 16th, 1972 at 6:00 o'clock P.M. MARION A. GRADY, City Clerk App roved t i s .�tiay f 19 7 Z -- MAYOR MAYOR OF THE CITY' SAN RAFAEL s_i 7 6 j_ +� +� I� C�tl- art.; �,., ��'^' u^+ .n �r l•(��1' .�° V.1 i �1V5 r2 �."' M a' Y �'•', J)'S' � ,:+ t:' T m � UVJ _ � �'. (�]/ -� WI � ire '-'� a I ' /� 1 x - I /� �I•� • 1�! r � xAJ�,,a, 1Ir t'i T ^n Irl - I l C f � � " : -• •:� �F' -'• ti A ,ar.`�., w VSr1. �...,. ?-,.'�' • C• 4 SO Cr ✓ �• II ' it ' �l �. .►:� .,�: -.:'�, ;� - �r::-•.— r ``c�sF \ •\ In i i`F . (U - s• d9 vb. SE � �l • 1 v �f p r n _' ..�� i v gp = 16, 40 .nom f• +� +� I� C�tl- art.; �,., ��'^' u^+ .n �r l•(��1' .�° V.1 i �1V5 r2 �."' M a' Y �'•', J)'S' � ,:+ t:' T m � UVJ _ � �'. (�]/ -� WI � ire '-'� a I ' /� 1 x - I /� �I•� • 1�! r � xAJ�,,a, 1Ir t'i ti A ,ar.`�., w VSr1. �...,. ?-,.'�' • C• 4 SO Cr ✓ �• II ' it ' �l �. .►:� .,�: -.:'�, ;� - �r::-•.— r ``c�sF \ •\ In i i`F . (U - s• d9 vb. SE � �l • 1 v �f p r n _' ..�� i v gp = 16, 40 .nom f• I hereby certify that I was present at the meeting of t(hd San Rafael City Council held on May 15th, 1972 and heard all that was said relative to roadway improvements of Smith Ranch Road and that I agree that as future development occurs each owner shall be required to enter into an irrevocable agreement to enter in -to an assessment district for his share of the cost of the road, and to waive any rights to protest. yCHAEL SMI IV • . /: ire '-'� a I ' /� 1 x - I /� �I•� • 1�! r � I hereby certify that I was present at the meeting of t(hd San Rafael City Council held on May 15th, 1972 and heard all that was said relative to roadway improvements of Smith Ranch Road and that I agree that as future development occurs each owner shall be required to enter into an irrevocable agreement to enter in -to an assessment district for his share of the cost of the road, and to waive any rights to protest. yCHAEL SMI In the Council Chambers of the City of San Rafael, Tuesday, May 16th, 1972 at 8:00 o'clock P.M. Regular Adjourned Meeting: Joseph J. Garbarino, Chairman Present: C. Paul Bettini, Mayor James Dougan Harry A. Barbier, Councilman Jorgen Lunding Fred E. Jensen, Councilman Alan Kay John A. Miskimen, Councilman T. R. O'Toole Lawrence E. Mulryan, Councilman Benjamin C. Albritton Albert J. Boro arrived 8:50 P.M. RE: PLANNING MATTERS GENERAL - File 10-2 nPPN1 cporF The subject of open space was discussed. Several Council members and Commissioners were of the opinion that the City should define what is meant by open space and implement its own open space program, and that extra meetings should be held to study the matter and find out what the public wants. Open space advocates do not realize that they make the cost of land higher. In planning open space, considera- tion should be given to a plan for paying for this property. Another view discussed was that the voters should be given a right to decide if they want their tax dollars spent on open land. PLANNING It was the consensus that extra meeting nights were needed to give attention to general plann- ing matters as regular agendas are too filled with specific cases. LEGAL SERVICES It was agreed that there is a need to have the City Attorney present at some Planning Commiss- ion meetings and this shall be at the discretion of the Chairman. REDEVELOPMENT Assistant City Manager explained the redevelopment program as a financing mechanism that would assist in revitalization of the problem areas. CITY -COUNTY PLANNING COUNCIL Some concern was expressed that the City -County Planning Council was infringing on the City's plans and objectives and failing to be responsive to the City's suggestions. It was proposed that per- haps the City should withdraw from the City -County Planning Council. Other Councilmen and Commissioners felt that the City gains a voice on areas outside the City of San Rafael by staying in and that we should take a leadership position and ask for more voting power by reason of being the largest City. Information on City -County Planning Council activites should be brought to the attention of the Council and Commission by their representatives. EAST SAN RAFAEL The Commission was informed that the drainage assessment district in East San Rafael has been formed and it is no longer necessary to refer planning items in this area to the Council. FUTURE JOINT MEETINGS The Mayor suggested that future joint meetings of the Council and Commission should be arranged whenever problems arise that should be discussed. The meeting adjourned at 9:25 to an executive session to discuss personnel matters. MARION A. GRADY, City Clerk r_r Approved this /--day of 1977 . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 5th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman The City Clerk presented an addendum to the item ''Agreement for Conveyance of Property - ''Courthouse Square'' in the minutes of the regular meeting of May 15th to read ''At the close of this discussion, the Mayor asked for an expression of opinion from each of the Councilman as to whether or not the Courthouse Square should be developed or left as open space. The Council unanimously agreed that the property should be developed.'' Motion was made by Councilman Jensen, seconded by Councilman Miskimen, and carried, the minutes of the special meeting of May 15th, 1972, regular meeting of May 15th, 1972 with addendum and the regular ad- journed meeting of May 16th, 1972, a true and correct copy having been heretofore submitted to each member were approved. RE: PUBLIC HEARING - ZONING TEXT AMENDMENT ''ENVIRONMENTAL & DESIGN REVIEW'' - File 10-2 x 10-7 The public hearing which was opened May 1st, 1972 was continued to this evening. Planning Director, Herbert G.Hottchner placed before the Council the changes to the Environmental and Design Review text amendment recommended by the City Council at the May 1st hearing; together with the recommendation of the Planning Commission to the City Council on each of these proposed changes. Mr. Carl Brown Executive Director of the Redwood Empire Builders Association discussed the architectural control on single family residences as proposed by Section 11.02(B)-1, and stated his opposition to any kind of architectrual control on single family construction. Planning Commissioner Thomas O'Toole said that he was sure that architectural review of single family residences can be controlled to the satisfaction of the building industry by working with architects and home designers. In answer to the Council's question, he does not object to a separate architectural review board if it is composed of personnel aware of the engineering, building and planning problems. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to approve the text as amended and presented tonight and to have an ordinance prepared. Ayes: Councilmen: Barb ier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - PREZONING DETAILED PLAN, 2436 FIFTH AVENUE - CAESAR B. CARDANI, OWNER, HAL WAGNER/ GEORGE GIRVIN, REPRESENTATIVES - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner presented to the Council the staff's position and the commission's action in connection with the prezoning and detailed plan for the property at 2436 Fifth Avenue which is presently outside the City limits. He also displayed a lay -out of the site and a plat showing location of petitioners opposed to the development. Mayor Bettini questioned whether or not the staff and commission had considered taking the entire area from the Sun Vally School to Mount Tamalpais Cemetery into the City limits instead of just this small parcel. Mr. Hotchner stated that this had been considered, however, other property owners in the vicinity do not want to come into the City limits but the matter has not as yet gone to the Local Agency Formation Com- mission. Mr. George Girvin, Landscape Architect for the project discussed with the Council the upgrading of the portion of the road in front of the property and also the fact that there would be 40 off-street parking sites so that there should not be a problem of parking on the street. Mrs. Ethel Medvic, 2429 Fifth Avenue representing the property owners who live on the opposite side of Fifth Avenue objected to this development because of the parking problem and increase in traffic that will occur. She also objected to annexing a small piece of property instead of the entire area. Mrs. Grace Wagner who with her husband has operated the Racquet Club for 11 years and who now owns the property in question felt that development of a small private club would be an asset to the neighborhood and the use can be controlled, noise can be kept to a minimum, and it provides open space. There will be no lights for playing of tennis at night and the club house does not intend to apply for a liquor license. Mrs. Ruth Sl user expressed her concern for the traffic and parking problems which would be created as a result of this development. Mayor Bettini declared the hearing closed. The Council discussed the use of this property under the present County zone and Mr. Hotchner pointed out that the Commission felt that this planned development would be a substantially less intensive use than would be the case in a conventional residential subdivision under either the County or City R-1 zone. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to prezpyde County Assessor's Parcel 177-240-09 to PUD-Rl District. 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 fel property from A2 -B2 (limited Agricultural - Minimum Building Site Area 10,000 Square Feet) District to PUD -R] (Planned Unit Development - Single Family Residential) District, and numbering Charter Ordinance No. 1063 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: Mayor Bettini Absent: Councilmen: None RE: APPEAL OF PLANNING COMMISSION'S DENIAL UP72-35 USED CAR LOT, 525 SECOND STREET - File 10-5 Mayor Bettini declared the hearing open. Planning Director Herbert Hotchner briefed the Council on the action of the Planning Commission in denying by a five to two vote the application for a used car lot on the basis that it was not desirable visually or otherwise at that location and a piecemeal development of the property was not advisable. Mr. Robert Green representing Mr. Harold Holtzinger, the applicant, addressed the Council He stated that this would be a temporary use while the Allardt's Canal line was being determined, and would give the property a far more sightly appearance than the current use. Miss Pam Morosi addressed the Council and asked them to consider an aesthetic approach to the development of the property when more permanent development takes place. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to deny the appeal and uphold the action of the Planning Commission. Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier and Jensen Absent: Councilmen: None RE: APPEAL OF PLANNING COMMISSION DENAIL-OFFICE BUILDING 1103 IRIDIN STREET - FIRST AMERICAN TITLE COM- PANY OF MARIN - File 10-5 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner briefed the Council on the action of the Planning Commission in denying the application for an office building with off-street parking under the Highway 101 viaduct. The Commission felt that the policy of using under -freeway area for parking should be decided by the City Counc-1 since this area is already under consideration by the City for municipal parking purposes. Mr. James G. McDonald of the architectural firm Wagstaff & McDonald discussed the need for off-site parking and he's offered to rent from the City on a dialy or monthly fee basis the area under the 101 viaduct. The Council informed him that it was their intent that any further development of parking spaces under the viaduct would be used for commuter parking. Additionally the State has considered leasing this property to the City for a six year period only. Mayor Bettini declared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to deny the appeal and uphold the decision of the Planning Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 RESOLUTION NO. 4239 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND PACIFIC EXCAVATORS, FOR WORK TO BE DONE IN SCHEDULE A, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING OF PROPERTY LYING BETWEEN FRANCISCO AND BELLAM FROM PCMH (PLANNED COMMERCIAL AND LIGHT IN- DUSTRIAL WITH PARKING REQUIREMENTS) DISTRICT TO P -C (PLANNED COMMUNITY) DISTRICT - CHARTER ORDINANCE NO. 1059 - Final Adoption - File 10-3 CHARTER ORDINANCE NO. 1059 - An ordinance amending the zoning map of the City of Saa Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from PCMH (Planned Commercial and Light Industrial with Parking Require- ments) District to P -C (Planned Community) District, and numbering Charter Ordinance No. 1059 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GARBAGE AND REFUSE DISPOSAL - CHARTER ORDINANCE NO. 1060 - Final Adoption - File 13-2 CHARTER ORDINANCE NO. 1060 - An ordinance of the City of San Rafael amending Title 9, Chapter 9.16, Sec- tion 9. 16.040 entitled collection service - frequency - rates of the Municipal Code of San Rafael by adding thereto provisions for owners' responsibility, and numbering Charter Ordinance No. 1060 was passed and adopted as an ordinance of the City of San Rafael -by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EXCAVATION PERMIT FEES - CHARTER ORDINANCE NO. 1061 - Final Adoption - File 9-10.2 CHARTER ORDINANCE NO. 1061 - An ordinance amending Title 11 by deleting Chapter 11.10 and weight limita- tions exemptions and numbering Charter Ordinance No. 1061 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None CHARTER ORDINANCE NO. 1062 - An ordinance amending Chapter 70 of the Uniform Building Code by deleting the fee schedule set forth therein and adopting fees by Resolution of the City Council and numbering Charter Ordinance No. 1062 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC CONTROL ON ANTONETTE AVENUE - File 11-12 After a report from City Engineer, Ely Caillouette, Jr. regarding speeding on Antonette Avenue, it was moved by Councilman Barbier, seconded by Councilman Mulryan, that berm or berms be placed as necessary to control the speeding. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED INDUSTRIAL WASTE ORDINANCE - File 13-12 The California R6gi6nal Water Quality Control Board has required that all cities and sanitation districts establish effective source control over toxic components of industrial and commercial wastes served by municipal sewerage systems. The City Engineer, Ely Caillouette, Jr. presented a proposed ordinance to meet the requirements of the Water Quality Control Board. An ordinance of the City of San Rafael amending Title 9, by adding thereto Chapter 9.20, provinding for and regulating the acceptance of industrial waste into the water pollution control system of the San Rafael Sanitation District within the City of San Rafael, and numbering Charter Ordinance No. 1064 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENVIRONMENTAL QUALITY COMMITTEE OF THE CITY -COUNCIL PLANNING COUNCIL OF MARIN - File 4-13-24 Motion was made by Councilman Mulryan, seconded by Councwlman Miskimen, to appoint Miss Pamela Lee Morosi to the Environmental Quality Committee of the City -County Planning Council of Marin. City Manager, James McCown informed the Council that a second application had been received. Councilman Mulryan and Counc-lman Miskimen withdrew their motion and the matter was continued to the next meeting. RE: AGREEMENT FOR SURVEY OF ALLARDT'S CANAL - HOFFMAN AND ALBRITTON - File 2-1-6 x 4-3-50 RESOLUTION NO. 4240 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OF AGREEMENT. (Hoffman and Albritton) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT DEED FROM SCENIC INVESTMENT COMPANY FOR TWO PORTIONS OF RIGHT-OF-WAY ON JACOBY STREET ADJACENT TO 1971 ASSESSOR'S PARCEL NO. 18-142-32 - File 2-2 RESOLUTION NO. 4241 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (Scenic Investment Company - Jacoby Street Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PARCEL MAP - JACOBY STREET IMPROVEMENTS - SCENIC INVESTMENT COMPANY - File 5-6-1 RESOLUTION NO. 4246 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL RULES AND REGULATIONS - File 7-2 An ordinance of the City of San Rafael amending Title 2, Chapter 2.20, Section 2.20. 100 as the same re- lates to suspension, demotion and removal of employees, and numbering Charter Ordinance No. 1065 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: NINETY -DAY MORATORIUM - PIMENTEL RANCH PROPERTY - File 10-2 x 13-14.1 Mr. Jerry Russom representing Mont Marin Homeowners addressed the Council stating that they have been studying the feasibility of an assessment district for purchase of the Pimentel Ranch and American Hous- ing Guild land in the Mont Marin area. They have received appraisals on the property and are proceeding with the petitions which they expect to have signed and presented to the Council at the June 19th meeting. They need additional time to handle the details of the formation of the assessment district and asked the Council to set a public hearing for the extension of a ninety -day moratorium on this property. Mr. Russom advised to work with City Attorney, Fred C. Robbins, Jr. in setting up the required public hear- ings. RE: OPEN SPACE ACQUISITION FINANCING - File 13-14.1 Councilman Mulryan suggested the possibility of a ten -cent tax to raise funds to purchase open space and the Council discussed the advisability of a bond issue for this purpose which could be paid from the ten -cent tax. It was also suggested that Marinwood and the Terra Linda Community Services District might join in with the City. After discussion, it was moved by Councilman Mulryan, seconded by Council- man Barbier, to have the City's staff study the best way to proceed in a tax and bond issue for the ac- quisition of open space in the City of San Rafael. RE: SMITH RANCH AIRPORT - File 10-2 x 12-12 Assistant City Manager, William J. Bielser presented the Council with information concerning a possible development of the area generally to the rear of the Civic Center Auditorium and along a portion of the Santa Venetia Canal where the Smith Ranch Airport is now located. In view of the impending development he asked for policy guidance from the Council with respect to what action if any, should be undertaken relative to the Smith Ranch Airport. Mr. Biel ser reported that preliminary checking had been done and federal funds are available when certain criteria are met. Planning Director, Herbert G. Hot chner discussed the proposal from some 1400 aparment and townhouse units which may be coming to the Planning Commission through the formal application process in the near future. Mr. Ben OstIind representing 85 persons interested in the future of the Smith Ranch Airport presented slides and a petition asking for the Council's embarking on a plan to develop the airport. After discussion by the Mayor and Council, the staff was authorized to make a preliminary study and re- port back on the funding alternatives and master plan information for the area, and the matter was con- tinued for one month. RE: AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT TO ENLARGE APPROXIMATELY 820 FEET OF PIPE ALONG MIRA FLORES AVENUE - File -15 RESOLUTION NO. 4242 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Mira Flores Avenue) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDMENT TO AGREEMENT FOR IMPROVEMENT OF URBAN THOROUGHFARE SYSTEM - File 4-13-8 RESOLUTION NO. 4243 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Amendment to Agreement for Improvement of Urban Thoroughfare System) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SURVIVAL, INC. - RECYCLING DEPOTS - File 13-14 Douglas A. Cook, Supervisor of the Drake High School Recycling Depot requested the support of the City Council in publicizing the activities of this organization. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, that a resolution be adopted supporting the program of Survival, Inc. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TRAFFIC SIGNAL SYSTEM INTERCONNECTION AND IMPROVEMENTS TOPICS PROJECT T-3072 (22) - File 4-1-191 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, that $31,000.00 be appropriated from the reserve fund for the ''Topics'' Project. RESOLUTION NO. 4245 - RESOLUTION OF AWARD OF CONTRACT. (L. H. Leonard! Electric Construction Co.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EQUIPMENT REPLACEMENT RESERVE FUND (USE OF CITY VEHICLES) - File 8-14 A report was received from City Manager, James H. McCown on the use of City vehicles, the individual to who particular vehicles are assigned, the place of overnight storage and other relevant information. After discussion, the City Manager was requested to bring back a report of the emergency personnel need- ing vehicles for overnight use and guidelines for future allocation of vehicle. RE: POLITICAL SIGNS - File 125 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to grant permission to Michael Peevey, Harry Moore, Vera McPhail, and Samuel Gardiner to post political signs in accordance with City ordinance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The City Manager was directed to contact any sign company that places political signs in San Rafael to inform them of the content of our ordinance. RE: CLAIM FOR DAMAGES - CASA MARIN, INC., (MILTON SCHWARTZ) - File 3 -1 -T - Claim from Milton Schwartz in the amount of $442.92 for a clean-out at the curb in front of Casa Marin Furniture Store which was full of concrete was received by the Council. On the advice of City Attorney, Fred E. Robbins, Jr., it was moved by Councilman Jensen, seconded by Councilman Mulryan, the claim be denied on the vasis it was filed late and also on the basis of no liability. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR DAMAGES - PACIFIC TELEPHONE & TELEGRAPH COMPANY - File 3-1-8 A claim for damages caused to underground facilities of the Pacific Telephone Company which were struck and damaged by a backhoe owned and operated by Kirkwood-Bly, Inc. in the amount of $500.00 was received. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer the matter to City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL EVALUATION SYSTEM - File 7-4 City Manager, James H. McCown presented to the Council a procedure for periodic evaluation of individual employee performance. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, approval for employment of Robert Kimbal Young, Construction Inspector (temporary), in Public Works Department. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGNS - File 11-9 Request of Councilman Mulryan to consider a stop sign at Cedar Hill and Upper Oak was referred to the Traffic Committee. RE: SAN QUENTIN LAND - File 5-2 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, that a resolution be adopted en- dorsing Senator Peter Behr's Bill #229. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CITY HALL PARKING LOT - File 12-2 The City Manager was requested to have the two parking spaces on the west side of the parking lot in the driveway area removed, and investigate the use of the visitors spaces by employees for all day parking. Also tags to identify cars belonging to employees. RE: BELLAM AND JACOBY - File 2-2 y City Engineer, Ely Cai1louette, Jr. requested approval to have an appraisal made, the cost to be approx- mately $400.00, in connection with the exchange of property at Bel lam and Jacoby Street. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to have the appraisal made as re- quested. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated June 5th, 1972, and Advice on Payroll dated June 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 29,295.16 PARK FUND 1,239.31 LIBRARY FUND 4,066.61 PARKING DISTRICT 581.64 CAPITAL IMPROVEMENT 291,768.97 STORES REVOLVING FUND 1,186.40 EQUIPMENT REPLACEMENT 3,402.08 $ 391,5 0.17 Payroll: GENERAL FUND $ 126,730.29 PARK FUND 6,063.16 LIBRARY FUND 5,266.53 $ 13 ,059.9 Council adjourned to Monday, June 19th, 1972 at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this day of 19 72-- MAYOR OF THE CITY OF SAN RAF EL In Room 201 of the City Hall of the City of San Rafael, Thursday, June 15th, 1972 at 11:20 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: EMPLOYEE NEGOTIATIONS - File 7-4 The City Council met in executive session with City Manager,James McCown, the Municipal Employee Rela- tions Officer to discuss the status of negotiations wiith the San Rafael City Employees Associaiton, San Rafael Fireman's Association and San Rafael Police Association. The Council gave Mr. McCown guidelines for his use in further negotiations with the associations. The meeting adjourned at 12:30 a. m. MARION A. GRADY, City Clerk Approved this day of % 19 7 7 . MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, June 19th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman 285 Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the regular meeting of June 5th, 1972, a true and correct copy having been heretofore submitted to each member were approved. RE: PUBLIC HEARING - BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT - File 6-24 Mr. Edwin N. Ness of the law offices of Sturgis, Den-Dulk, Douglas and Anderson addressed the Council stating that this was the time and place of hearing to determine the public convenience and necessity of the Bahia de Rafael Industrial Park Assessment District as adopted by Resolution No. 4227. Mayor Bettini declared the public hearing open. No protests having been received by the City Clerk and no one present wishing to protest, the Mayor declared the hearing closed. RESOLUTION NO. 4247 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barbie r, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4248 - RESOLUTION OF INTENTION - IN THE MATTER OF THE CONSTRUCTION OF IMPROVEMENTS AND ACQUISITIONS IN BAHIA DE RAFAEL INDUSTRIAL PARK ASSESSMENT DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes: Councilmen: Barb ier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEARING - REVOCATION OF USE PERMIT 70-105 - ALVIN & RHODA WASSERMAN AND DAVID & RUTH ROSEN, 1715 LINCOLN AVENUE - File 10-5 This is a hearing continued from the May 15th meeting. Planning Director, Herbert G. Hotchner reported to the Council that the opponents and proponents of the Marin Center for Intensive Therapy could not reach agreement and therefore he presented a summary of a letter from the proponents outlining the nature and the extent of the work done on the premises which was a response to his query in order to present factural evidence to the Council. He pointed out the City Attorney's opinion that the Council could either sustain the appeal and thus revoke the use permit or deny the appeal and with the agreement of the permittee change the terminology and conditions of the use permit. Mr. Hotchner stated that the Planning Commission had all of the information as to the use of the property, had visited the site and after hearing the matter concluded that it was a valid and worthwhile use, that there had been some mistakes made in the past and that these matters were being corrected, that with the correction of these mistakes there would be no external dangers resulting from the use that would be deterimental to adjoining dwellings, apartment houses or motels. Their vote was 7-0 to not revoke the use permit. Mr. Robert MacKay reiterated that there has been a violation of the existing use permit and therefore it should be revoked. The Council discussed the conditions which they felt were open to negotiation by both parties. Questioning by the Mayor established that the opponents would only be willling to negotiate for a use with greater restrictions and the proponents feel the level of operation must be at least what it is now. Mayor Bettini declared the hearing closed. The Council then found that the present use by the Marin Center for Intensive Therapy is permitted in the R-4 Zone and the type of use is compatible with the area. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to deny the appeal on the con- dition that the permittee agree to the use permit being modified as follows: The use permit shall read ''Day Care Facility''. Operation is permitted four nights per week not later than 9:00 P.M. Parking a times of staff meetings will be on site. No Sunday operation. No overnight patients. A present level of staff and patients. Exceptions will be permitted in emergency cases. The conditions as presented are acceptable to the permittee. Ayes: Councilmen: Barb 1er, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: None RE: STOP SIGN - MISSION AVENUE AT MARY STREET - File 11-9 Norma Wall expressed her appreciation on behalf of the residents of the Danish Home for the stop sign at Mission Avenue and Mary Street. RE: PLANS AND SPECIFICATIONS - CONTRACTS FOR THE PUBLICATION OF LEGAL NOTICE 1972-73 - File 4-2-94 The Council received a report from City Clerk, Marion Grady on the results of bid opening for publication of legal notices for fiscal year 1972-73. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to accept the bid of the Independent Journal. RE: PROPOSED INDUSTRIAL WASTE ORDINANCE - ORDINANCE NO. 1064 - Final Adoption - File 13-12 CHARTER ORDINANCE NO. 1064 - An ordinance of the City of San Rafael amending Title 9, by adding thereto Chapter 9.20, providing for and regulating the acceptance of industrial waste into the water pollution control system of the San Rafael Sanitation District within the City of San Rafael, and numbering Charter Ordinance No. 1064 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL RULES AND REGULATIONS - ORDINANCE NO. 1065 - Final Adoption - File 7-2 CHARTER ORDINANCE NO. 1065 - An ordinance of the City of San Rafael amending Title 2, Chapter 2.20, Sec- tion 2.20.100 as the Same relates to suspension, demotion and removal of employees, and numbering Charter Ordinance No. 1065 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENVIRONMENTAL QUALITY COMMITTEE OF CITY -COUNTY COUNCIL OF MARIN - File 4-13-24 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to appoint Pamela Lee Morosi to the Environmental Quality Committee of the City -County Planning Council of Marin County. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Mayor Bett1n1 Noes: Councilmen: Jensen Absent: Councilmen: None RE: ZONING TEXT AMENDMENT AND ENVIRONMENTAL AND DESIGN REVIEW - File 10-2 x 10-7 An ordinance of the City of San Rafael amending Title 14 by adding thereto Chapter 14.11 entitled "En- vironmental and Design Review" and repealing Sections 14.75.070 of the Municipal Code of the City of San Rafael and amending Section 14.46.070, and numbering Charter Ordinance No. 1066 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL REDEVELOPMENT AGENCY - File 140 Mr. Steven H. Goldfarb explained to the Council the preliminary steps which have been taken in the forma- tion of the redevelopment agency and the necessity for establishing a fund for administrative expenses. RESOLUTION NO. 4249 - RESOLUTION CREATING SPECIAL FUND TO BE DESIGNATED "REDEVELOPMENT AGENCY ADMINISTRATIVE FUND" AND PRESCRIBING THE PURPOSES THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4250 - RESOLUTION APPROPRIATING $20,000 TO THE REDEVELOPMENT AGENCY ADMINISTRA- TIVE FUND. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Mayor [Bettini continued the Council meeting to the time immediately after the first redevelopment agency meeting. RE: CONTRACT SEDWAY/COOKE - File 4-3-49 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to pay whatever expenses have been incurred under this contract and cancel the agreement. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None '2 RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT - File 6-22 RESOLUTION NO. 4251 - RESOLUTION OF NECESSITY FOR CONDEMNATION, EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Agreement with Pacific Gas and Electric concerning the relocation of their existing transmission line to accommodate the construction of the Jacoby Street extension was held over to the meeting of July 3rd. RE: ADOPTION OF UNIFORM FIRE CODE 1971 EDITION - File 1-6-4 Fire Marshal Kenneth Mazza presented an ordinance to adopt the 1971 Edition of the Uniform Fire Code. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, that the ordinance be read by title only. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None An ordinance of the City of San Rafael enacting Title 19, of the Municipal Code of the City of San Rafael adopting a Uniform Fire Code prescribing regulations governing conditions hazardous to life and property from fire, explosion and other dangers, and establishing a bureau of fire prevention and providing officers therefor, and defining their duties and powers, and numbering Charter Ordinance No. 1067 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The public hearing in this matter was set for July 3rd, 1972 at 8:00 o'clock P.M. RE: SAN RAFAEL SANITATION DISTRICT - File 12-7 RESOLUTION NO. 4252 - A RESOLUTION APPROVING FORM OF RESOLUTION OF INTENTION AND BOUNDARY MAP AND GRANTING CONSENT TO THE UNDERTAKING OF PROCEEDINGS FOR SANITARY SEWERAGE FACILITIES - SEWER PLANT EXPANSION, PUMP STATION, AND TRANSMISSION AND COLLECTION FACILITIES. (Peacock Gap Sewage Pro- ject) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT DEED OF MANUEL T. FREITAS PARKWAY RIGHT-OF-VAY AS SHOWN ON "MAP OF GREEN 0�)KS, A CONDOMINIUM' - File 5-1-208 RESOLUTION NO. 4256 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: GRANT DEED OF EL PAVO REAL CIRCLE AND VISCAINO WAY RIGHTS-OF-WAY SHOWN ON THE MAP OF "EL PAVO REAL ESTATES" - File 5-1-206 RESOLUTION NO. 4257 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STOP SIGN AT LAUREL PLACE AT WILKINS STREET, WESTBOUND - File 11-9 RESOLUTION NO. 4258 - A RESOLUTION DESIGNATING AND DESCRIBING INTERSECTIONS AT WHICH A BOULEVARD STOP IS REQUIRED. (On Laurel Place at Wilkins Street - Westbound) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: STRUCTURAL ENCROACHMENT INTO RIGHT-OF-WAY - GIDEON SOROKIN, 4140 REDWOOD HIGHWAY - File 2-11 City Engineer, Ely Caillouette, Jr. reported that Dr. Gideon Sorokin owner of the Commonwealth Building at 4140 Redwood Highway had made improvements to his building and unintentionally concreted a small strip of land which is part of the city's right-of-way at the corner of Redwood Highway and Professional Center Parkway. City Engineer, Ely Caillouette, Jr. recommended that Dr. Sorokin be permitted to make application for an encroachment permit. The Public Works Department will then take measurements and come back to the Coun- cil with a factual report on the extent of the encroachment. RE: ENCROACHMENT - 5 VIOX WAY - File 2-11 City Engineer, Ely Caillouette, Jr. reported that a request to construct concrete steps with pipe railing 16 feet into the right-of-way at the terminus of Hart Street to provide access to and from #5 Viox Way had been received. Motion was made by Councilman Barbier, seconded by Councilman Jensen, Encroachment Permit No. 240 be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: OPEN SPACE AGREEMENT AND COVENANT RUNNING WITH THE LAND - WILLIAM J. PURDY COMPANY - File 4-11-44 RESOLUTION NO. 4253 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (William J. Purdy Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PLANNING COMMISSION - File 9-2-6 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to reappoint Alan Kay to the San Rafael Planning Commission for a four year term expiring July, 1976• Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SPECIAL MUNICIPAL ELECTION TO INCUR BONDED INDEBTEDNESS FOR OPEN SPACE ACQUISITION - Fiie 13-14.1 x 9-4 The Council deliberated at length the choice of taking part in the County -wide Regional Park District or proceeding alone in the acquisition of open space. Also discussed were financing methods to be used. Persons present who are interested in open space participated in the discussion. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to adopt RESOLUTION NO. 4255 - RESOLUTION OF THE CITY OF SAN RAFAEL REQUESTING THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF MARIN TO EXCLUDE THE CITY OF SAN RAFAEL FROM THE PROPOSED MARIN COUNTY REGIONAL PARK DISTRICT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to adopt RESOLUTION N0. 4254 - RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS FOR AC- QUISITION OF OPEN SPACE LANDS, CITY OF SAN RAFAEL, MARIN COUNTY, STATE OF CALIFORNIA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent Councilmen: None RE: SAN RAFAEL SANITATION DISTRICT - File 12-7 City Engineer, Ely Caillouette, Jr. presented a report from the California Regional Water Quality Control Board on proposed waste discharge requirements for the Sanitation District's main plant and Marin Bay plant for the Council's consideration. City Engineer, Ely Caillouette, Jr. presented a report on the Northern Marin -Southern Sonoma Regional Water Quality Management Program. RE: PROPOSED GENERAL PLAN REVISION - File 115 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, that the staff be authorized to solicit proposals from planning consulting firms for revision of the general plan and a concurrent review of the zoning ordinance. subdivision ordinance and slope ordinance. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AMENDING TITLE 14, ZONING OF THE MUNICIPAL CODE BY ADDING CHAPTER 14.62 G -P -C GENERAL PLAN CONFLICT DISTRICT - File 10-3 An urgency ordinance of the City Council of the City of San Rafael amending Title 14, Zoning, of the Municipal Code by adding Chapter 14.62 G -P -C General Plan Conflict Combined District and numbering Charter Ordinance No. 1068 was adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absentj Councilmen: None , n ;'i RE: MARIN BAY UNIT 2 ASSESSMENT DISTRICT - File 6-10 A statement from Wilson, Jones, Morton & Lynch, attorneys -at -law, for legal services in the case of J. W. Lee Company vs. City of San Rafael, Latipac, inc. et al in the sum of $1,062.50 was presented. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, that the bill be paid from the funds remaining in the assessment district. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION AUTHORIZING PAYMENT OF SALARY INCREASES RETROACTIVELY - File 7-3 City Manager, James McCown presented a resolution authorizing the payment of salary increases retroactively to July 1st, 1972• The Council continued this matter without action. Councilman Barbier Left the meeting room. RE: PERSONNEL - File 7-5 Motion was made by Councilman Mulryan, seconded by Councilman tMiskllen,to place Harry ar ry R. Barbveier rJonerre- gular monthly payroll as Patrolman, Range 14a, Step A, , 20th, 1972• Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Councilman Barbier returned. en, seconded by Councilman Mulryan, to place Michael A. O'Brien on Motion was made by Councilman Miskim regular payroll as Patrolman, Range 14a, Step B, $884, to fill existing vacancy, effective July 1, 1972• Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SURVIVAL, INC. - RECYCLING DEPOTS - File 13-14 NC. IN VEMNT RESOLUTION NO. 4244 - RDTDEEDICATIONTTOGTHEEPRESORGS ERVATOIONSOFVMARINICOUNTY'STUNIQUOELENVE IN RON- AND NAN HENT. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettin1 Noes: Councilmen: None Absent: Councilmen: None RE: EQUIPMENT REPLACEMENT RESERVE FUND (USED CITY VEHICLES) - File 8-14 The Council discussed the assignment of City vehicles and agreed to certain department heads and emergency personnel being permitted to keep City vehicles at home overnight. All claims approved gy the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated June 19th, 1972, and Advice on Payroll dated June 20th, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND EMPLOYEE RETIREMENT PARKING DISTRICT FUND CAPITAL IMPROVEMENT FUND STORES REVOLVING EQUIPMENT REPLACEMENT TRUST AND AGENCY SPECIAL ASSESSMENTS Pay rol l : GENERAL FUND PARKS FUND LIBRARY FUND $ 59,979.96 2,055.42 2,741.65 38,523.10 42,860.15 1 ,283.33 1,660.75 5,226.94 300.00 154,070.54 $ 30 8 , 701 . $ 134,460.67 5,764.08 5,264.32 $ 7-5—,489-07 MARION A. GRADY, City Clerk Approved this day of % 19 7� MAYOR 0F THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Tuesday, June 20th, 1972 at 8:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: PUBLIC HEARING - MONT MARIN OPEN SPACE MORATORIUM - File 13-14.1 Mayor Bettini declared the public hearing open. The Planning Commission having met just prior to this meeting, recommended to the Council that the moratorium on development of two parcels known as Assessor's Parcels No. 165-010-43 and 165-010-41 be extended for a period of four months. Mr. Edwin N. Ness explained to the Council the steps required to form the assessment district and stated he had no objection to four months but it was possible that an additional extension of time might be re- quired. Mayor Bettini declared the hearing closed. CHARTER ORDINANCE NO. 1069 - An urgency ordinance of the City of San Rafael precluding developmermt of Assessor's Parcels 165-010-43 and 165-010-41, and numbering Charter Ordinance No. 1069 was passed and adopted as an ordinance of the City of San Rafael by the following vote, towit: Ayes: Councilmen: Barb ier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Counci 1 adjourned. MARION A. GRADY, City Clerk Approved this day of 1972—. MAYOR OF THE CITY OP SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Wednesday, June 21st, 1972 at 7:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: NEGOTIATIONS - FIREMAN'S ASSOCIATION - File 7-8-2 Representatives of the San Rafael Fireman's Association, Michael Ford, Kenneth Benton and Donald Wolford met with the Council to discuss the disputed issues as listed in the Fireman's Association letter of Impasse dated June 19, 1972. Michael Ford stated that the members of his association feel very strongly about the issue of parity and after discussion, the council concluded that they will not grant parity of pay with police officers. RE: NEGOTIATIONS - POLICE ASSOCIATION - File 7-8-3 Henry Ingwerson and James Cunha representing the Police Association met with the Council to discuss the issues of Impasse as outlined in their letter of June 21, 1972• Major difference between the Council and the Police Association is the differential between the Patrolman, Sergeant and Lieutenants salaries and readjustment of Patrolman salaries. Also, Council will not grant a night shift differential pay. RE: NEGOTIATIONS - SAN RAFAEL EMPLOYEES' ASSOCIATION - File 7-8-1 City Manager, James H. McCown reported that the agreement with the Employees' Association had been reached. It was moved by Councilman Jensen, seconded by Councilman Mulryan, and carried, to accept the agreement with the Employees' Association. Council adjourned. MARION A. GRADY, City Clerk Approved this--? day of 1972 - MAYOR OF THE CITY -OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, June 26th, 1972 at 8:00 o'clock P.M. Special Meeting: RE: EMPLOYEE NEGOTIATIONS - File 7-3 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman The Council reaffirmed that there has been no change in its position on the Impasse items with either the Police Association or Fireman's Association and agreed on mediation as the next step. The City Manager is to contact Bruce McKenzie as the City's mediator. The Council reached an agreement with the San Rafael Employees' Association as presented in the memorandum of agreement dated June 21st, 1972 and signed by J. H. McCown, Municipal Employees' Relations Officer and Lorence Durand, President of the San Rafael Employees' Association. RE: RECLASSIFICATION - File 7-3 The council approved the reclassification of: J. Hansen - Cashier II - Range 4, Step D - $603 per month, effective July 1, 1972 G. Bridge - Cashier I - Range 3, Step A - $505 per month, effective July 1, 1972 Claude Earwood - Electrician II - Range 12, Step C, $826 per month, effective July 1, 1972 RE: DEPARTMENT HEAD SALARIES - File 7-3 The Council approved a 3.5% across the board salary increase for all non -safety employees including de- partment heads. An additional adjustment was made to increase the salary of the Assistant City Manager. The Council agreed to increase the salary of the City Clerk as permitted by an amendment to Sec. 36517 Gov. C. The Council met in open session and took the following actions. RESOLUTION NO. 4259 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORKING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4260 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADJUSTING THE SALARY RANGE FOR CLERICAL CLASSIFICATIONS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Motion was made by Councilman Jensen, seconded by Councilman Barbier, to approve the tentative budget as revised for fiscal year 1972-73• Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None Instructed the City Attorney to prepare an ordinance for the increase of salary for the City Clerk. Council adjourned. MARION A. GRADY, City Clerk Approved this �2�C' day of 19 7z l� Gz MAYOR OF THE CITY OF SAN RAFAEL 9 tj In the Council Chambers of the City of San Rafael, Monday, July 3, 1972 at 8:00 o'clock P.M. Regular Meeting: Present: Fred Jensen, Acting Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent : C. Paul Bettini, Mayor The meeting was called to order by Acting Mayor Fred Jensen. RE: APPROVAL OF MINUTES Motion was made by Councilman Barbier, seconded by Councilman Miskimen and carried, the minutes of the special meeting of June 15, 1972, regular meeting of June 19, 1972, special meeting of June 20, 1972, special meeting of June 21, 1972, and special meeting of June 26, 1972, a true and correct copy of each having been heretofore submitted to each member, were approved. RE: PRESENTATIONS - File 102 Lt. Phillip D. Green and Officer Harold E. Pennington of the San Rafael Police Department were present. The acting Mayor and members of the Council presented resolutions of commendation to these officers for their heroic action in the line of duty. RE: PUBLIC HEARING - ADOPTION OF UNIFORM FIRE CODE, 1971 EDITION - CHARTER ORDINANCE NO. 1067 - FINAL ADOPTION - File 1-6-4 Acting Mayor Jensen declared the public hearing open. No one present wished to address the Council on the matter. The acting Mayor declared the hearing closed. CHARTER ORDINANCE NO. 1067 - An ordinance of the City of San Rafael enacting Title 19 of the Munici- pal Code of the City of San Rafael adopting a Uniform Fire Code prescribing regulations governing conditions hazardous to life and property from fire, explosion and other dangers, and establishing a Bureau of Fire Prevention and providing officers therefor, and defining their duties and powers, and numbering Charter Ordinance No. 1067 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL OF PLANNING DIRECTOR'S DENIAL OF SIGN - JUAN FERRER, 58 LOVELL AVENUE - Fila 1n-11 Acting Mayor Jensen declared the public hearing open. Planning Director Herbert G. Hotchner stated that under the Sign Ordinance the sign on this building should have been placed on the south wall facing Lovell Avenue and not on the east or interior wall. At the Planning Commission meeting of May 23, 1972 the Commission upheld the Planning Director's denial. Mr. Ferrer was present and stated that a sign on the front of the property would not be of any use as he wants visibility from Irwin Street. No one further wished to address the Council on this matter. Acting Mayor Jensen declared the hearing closed. Moved by Councilman Mulryan, seconded by Councilman Miskimen, to grant the appeal. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - GASOLINE DISPENSING FACILITY IN CONJUNCTION WITH SHORT STOP MARKET, 141 BELLAM BOULEVARD - File 10-5 Acting Mayor Jensen declared the public hearing open. Planning Director Herbert G. Hotchner informed the Council that they had all of the pertinent information before them concerning this appeal and quoted a letter from Fire Marshal Kenneth Mazza stating that the Fire Code requires a competent attendant be present when gasoline is being dispensed. He also presented a folder with a list of cities where this type of operation is permitted and which gives directions for operating a self- service gasoline pump. Mr. Harry Anderson, representing P. L. Friendshuh, the owner, addressed the Council and presented an architect's rendering and plot plan showing details of the store and the proposed gas pump. He also explained the procedure and precautions which are used in the dis- pensing of gasoline, a list of Short Stop, Incorporated store locations with self-service gasoline pumps, and a letter from a brokerage firm which handles the insurance at Short Stop Markets. In summary he stated that the one self-service pump for which they are applying would be a convenience to their customers. Mr. Bob Moore, representing the Marin Independent Service Station Association, pointed out the services that are rendered to a community through a regular service station, such as attractive buildings, free directions and use of restroom facilities. Acting Mayor Jensen declared the hearing closed. Moved by Councilman Mulryan, seconded by Councilman Barbier, to deny the appeal. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: SAN RAFAEL CHAMBER OF COMMERCE - File 119 Mr. Joseph Garbarino, Vice -President of the San Rafael Chamber of Commerce, informed the Council that due to lack of funds they must curtail services which they are now rendering to the City of San Rafael and asked if the Council could find some means of approving financial support. Moved by Councilman Miskimen, seconded by Councilman Barbier, City Manager James McCown directed to have the staff study the situation and report back at the next meeting. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: ZONING MAP AMENDMENT TO PUD -R1 - 2436 FIFTH AVENUE - CHARTER ORDINANCE NO. 1063 - FINAL ADOPTION - File 10-3 CHARTER ORDINANCE NO. 1063 - 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 A2 -B2 (limited agricultural - minimum building site area 10,000 square feet) District to PUD-Rl (planned unit development - single family residential) District, was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 Mr. Edwin N. Ness presented 2 resolutions in connection with the above District: RESOLUTION NO. 4261 - RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC GAS AND ELECTRIC COMPANY FOR ELECTRICAL FACILITIES IN CONNECTION WITH THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4262 - RESOLUTION AUTHORIZING MAYOR TO EXECUTE LETTER OF AGREEMENT WITH THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN CONNECTION WITH AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY IN THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: SPECIAL MUNICIPAL BOND ELECTION SEPTEMBER 19, 1972 - File 9-4 RESOLUTION NO. 4263 - RESOLUTION APPOINTING SPECIAL BOND COUNSEL AND AUTHORIZING EXECUTION OF AGREEMENT (Sturgis, Den -bulk, Douglass & Anderson) Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4264 - RESOLUTION APPOINTING FINANCIAL CONSULTANTS AND AUTHORIZING EXECUTION OF AGREEMENT (Hornblower & Weeks -Hemphill, Noyes) Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini An ordinance calling and ordering special bond election and providing for the giving of notice thereof and numbering Charter Ordinance No. 1070 was introduced and it was moved by Councilman Barbier, seconded by Councilman Miskimen and carried,to pass the ordinance by title only. The ordinance was passed to print by the following vote, to -wit: Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4265 - RESOLUTION REQUESTING THE BOARD 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 Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-25 Petition for formation of the Lucas Valley Open Space Assessment District, City of San Rafael, Marin County, California, were filed. Mr. Ness asked several questions concerning additional steps to be taken and it was determined that the City Engineer will be the engineer of work for the project. Bonds issued will be under the Improvement Bond Act of 1915. Assistant City Manager William Bielser and three property owners will approach the owners of the two parcels to be acquired for the purpose of obtaining options for the purchase of said properties. The City Council agreed to advance $500.00 for the obtaining of title reports and accurate descriptions of the properties to be acquired, the cost eventually to be paid out of the District funds. RE: EXTENSION OF URGENCY ORDINANCE GPC ZONING - File 10-3_.x 6-26 Moved by Councilman Mulryan, seconded by Councilman Miskimen, to direct the Planning Commission to im- mediately initiate action to hold public hearings on extending the GPC zoning for an additional eight- month period. Ayes Councilman: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilman: None Absent: Councilmen: Mayor Bettini Mr. Kirby Sullivan, President of the Terra Linda Valley Homeowners' Association, presented a petition of that Association requesting a 120 day moratorium of development in the area known as Oak Hill in Terra Linda Valley. The Council assured the petitioners that this piece of property is covered under The General Plan Conflict ordinance and that they are on legally sounder ground if they pro- ceed under the GPC ordinance than on an individual moratorium. RE: PARKING LIMITS - GRAND AVENUE BETWEEN FOURTH AND FIFTH STREETS - File 11-8 The request for two-hour limited parking on Grand Avenue between Fourth and Fifth Streets was referred to the Traffic Committee. RE: ACCESS EASEMENT FOR DRAINAGE FACILITIES, LOT 2 BAHIA DE RAFAEL UNIT I - File 2-4 RESOLUTION NO. 4266 - RESOLUTION ACCEPTING GRANT OF ACCESS EASEMENT (MAINTENANCE OF DRAINAGE FACILITIES OVER PORTION OF LOT 2 MAP OF BAHIA DE RAFAEL UNIT Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: STORM SEWER EASEMENT - ''GREEN OAKS DEVELOPMENT'' TO EXISTING DRAINAGE FACILITIES IN BUTTERNUT DRIVE - File 2 - RESOLUTION NO. 4267 - RESOLUTION ACCEPTING GRANT OF STORM SEWER EASEMENT (10 FOOT WIDE DRAINAGE EASE- MENT FROM M. T. FREITAS PARKWAY ''GREEN OAKS DEVELOPMENT'' TO EXISTING DRAINAGE FACILITIES IN BUTTERNUT DRIVE) Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: SANITARY SEWER RECONSTRUCTION PROJECT - PHASE I - File 4-1-186 RESOLUTION NO. 4268 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT (SANITARY SEWER RECONSTRUCTION PROJECT - PHASE I - WS -Calif -358) Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: SAN RAFAEL CAYES - File 6-19 Moved by Councilman Miskimen, seconded by Councilman Mulryan, the request of San Rafael Cayes, Inc. to accept the portion of the levee already completed, waive the one-year maintenance period and reduce the bond amount be granted. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: ENCROACHMENT PERMIT NO. 241 - GIDEON SOROKIN, 4150 REDWOOD HIGHWAY - File 2-11 The applicant, Mr. Gideon Sorokin, was present and withdrew his application for an encroachment permit. RE: SMITH RANCH AIRPORT - File 12-12 Assistant City Manager William J. Bielser reported to the Council that the staff has begun an explora- tion of the various financing tools and methods which might be available to the City should the City Council desire to acquire the airport. He also reported that the GPC zoning and the open space acqui- sition bond election have reduced the need for more immediate action on whether or not to buy the Smith Ranch Airport. The matter was continued for further study. RE: AGREEMENT - STATE OF CALIFORNIA DIVISION OF HIGHWAYS AND PROJECT FOR VIADUCT PARKING LOT UNDER U.S. i I e - 6-14 x - - City Engineer Ely Caillouette, Jr. reported that the Division of Highways has approved the agreement for City use of the space under Highway 101 between Third and Fourth Streets for a City parking lot and he recommended that the contract for the improvement of the parking lot be awarded to Brown-Ely Co. in the amount of $12,581.70. RESOLUTION NO. 4269 - RESOLUTION OF AWARD OF CONTRACT (U.S. 101 VIADUCT PARKING LOT BETWEEN THIRD AND FOURTH STREETS - PROJECT NO. 9322-72.140) Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini Moved by Councilman Miskimen, seconded by Councilman Mulryan, to approve carrying over this amount to the 1972-1973 capital improvement budget. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: ANNEXATION - TERRA LINDA COMMUNITY SERVICE DISTRICT - File 5-2-57 The City Council agreed to a joint meeting with the Terra Linda Community Service District to discuss annexation matters. The Council recessed for 10 minutes to act as a Redevelopment Agency. RE: SALARIES - ELECTED OFFICIALS - File 7-3-2 An ordinance of the City of San Rafael fixing compensation of City Clerk and numbering Charter Ordi- nance No. 1071 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: CITY EMPLOYEES' INSURANCE PROGRAM - File 7-1 Mr. Jack Nixon reported on the City Employees' Insurance Program. The matter was referred to the City Manager for further study. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to hire: Joel R. Thompson as Radio Telephone Operator - Range 10, Step A - $690.00 per month, plus 3-1/2% cost of living increase. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini Moved by Councilman Barbier, seconded by Councilman Mulryan, to approve the eligibility list for the Parking Enforcement Officer. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: SOUTH SAN PEDRO ROAD, PHASE IV - File 4-13-14 Moved by Councilman Barbier, seconded by Councilman Miskimen, to approve Change Order #1 South San Pedro Road, Phase IV. Ayes Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes Councilmen: None Absent: Councilmen: Mayor Bettini RE: UNDERGROUND UTILITY DISTRICT - File 12-18 City Engineer Ely Caillouette, Jr. reported that the undergrounding is about 70% eompleted. He will write again to the property owners involved and present a resolution at the next council meeting for an extension of time for 3 months. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 3, 1972, and Advice on Payroll dated July 5, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 18,521.38 PARKS FUND 1,330.84 LIBRARY FUND 799.83 PARKING DISTRICT 1.98 CAPITAL IMPROVEMENT 100,768.08 STORES REVOLVING 110.15 EQUIPMENT & REPLACEMENT 7,447.96 TRUST & AGENCY 300.00 129,2 0.22 Payroll: GENERAL FUND $133,356.63 PARKS FUND 7,474.50 LIBRARY FUND 5,044.03 $ 14 5, 8 75.1 Council adjourned to Monday, July 17, 1972, at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this I-Z7Vu day of �Gc /y , 1972 MAYOR OF THE CITY OF N RAFAEL In Room 201 of the City Hall of the City of San Rafael, Wednesday, July 12,. 1972, at 7:00 o'clock P.M. Special Meeting: RE: OPEN SPACE ACQUISITION PROGRAM - File 13-14.1 Present: John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman C. Paul Bettini, Mayor Absent Harry A. Barbier, Councilman Fred Jensen, Councilman Moved by Councilman Mulryan, seconded by Councilman Miskimen, to rescind Resolution No. 4255 and with- draw the request to the Local Agency Formation Commission to exclude the City of San Rafael from the Marin County Regional Park District. Ayes Councilmen: Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier and Jensen Council adjourned. MARION A. GRADY, City Clerk Approved th i s'/�- ay of /�/ ,--F 1972 71 MAYOR OF THE CIT 'OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Thursday, July 13, 1972, at 8:30 o'clock P.M. Special Meeting: Present: Fred Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mul ryan, Counci lman C. Paul Bettini, Mayor Absent : Harry A. Barbier, Councilman RE: JOINT MEETING 14ITH TERRA LINDA COMMUNITY SERVICES DISTRICT TO DISCUSS ANNEXATION MATTERS - File 5-2-57 Mr. Robert Bennett, Mr. Richard Less, Mr. Vernon Nicholson and Mr. Frank.�Roper of the Terra Linda Community Services District Board of Directors were present to discuss/the Council problems of mutual concern in the matter of a proposed annexation of the Terra Linda CSD area to the City of San Rafael. Among the subjects discussed were a fire station, annexation fees, police protection, landscape maintenance, ditch maintenance, street lights, citizen appointments, zoning, branch library, sewer tax and recreation. The Council and the Board reached agreement on most of the above matters and agreed to meet again as soon as possible. The meeting adjourned. MARION A. GRADY, City Clerk /j Approved this �,C day of ,t 1972 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 17, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: Fred Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman C. Paul Bettini, Mayor Absent : Harry A. Barbier, Councilman X99 Motion was made by Councilman Jensen, seconded by Councilman Mulryan and carried, the minutes of the regular meeting of July 3, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - REZONING 1675 GRAND AVENUE, MARIST SOCIETY OF CALIFORNIA, FROM "U" DISTRICT TO R -1-B-2 DISTRICT - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner stated that at the Planning Commission hearings on use permits for the property it was suggested by the people in the neighborhood that the property be rezoned, and the Planning Commission recommended to the Council that the property be rezoned to R -1-B-2. There was no one else present who wished to address the Council on the matter. Mayor Bettini declared the hearing closed. CHARTER ORDINANCE NO. 1072 - 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 the "U" (Unclassified) District to R-1-13-2 (Single Family Resi- dential with minimum building site area of 10,000 square feet) District, 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: Barbier RE: PUBLIC HEARING - APPEAL OF USE PERMIT 72-9(b), CHURCH AND ASSOCIATED ACTIVITIES, 1675 GRAND AVENUE, MARIST SOCIETY OF CALIFORNIA - File 10-5 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner discussed the uses of the various structures on the subject property and the conditions which were imposed in granting the use permit for the church and associated activities. He stated that the appeal is based on the wording of subparagraph 4 under paragraph (c) of conditions of approval relating to the gymnasium. Since the property has now been rezoned to single-family use, certain general limitations will apply; however, if the property owner has no objection to the change of wording suggested by the appellants it is not objectionable to the staff. Mary O'Callaghan, one of the appellants in this matter, addressed the Council stating that since the change to R -1-B-2 has been made, the proposed additional wording is not as pertinent; however, if the Council has no objection, she would like to see it incorporated in the language of the conditions. The Council discussed with Reverend Reuben Sequeira his under- standing of theuse of the gymnasium and he agreed that it would be noncommercially oriented although a slight charge would be made to cover expense of lights, etc. He did not object to the change of the wording of the condition as recommended by the appellant. Mayor Bettini declared -the hearing closed. Moved by Councilman Mulryan, seconded by Councilman Jensen, to grant the appeal and add the follow- ing condition as a further condition to the use permit: Use of the property by nonchurch or outside individuals or groups shall be restricted to those who could comply with the provisions governing uses allowed in R-1 zoning under Section 14.75.020(f) of the Zoning Ordinance. Further, any use which is assigned to a district less restrictive than R-1, whether with or without use permit, shall not be allowed on the property." Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier RE: PETITION - OPEN SPACE LAND ACQUISITION - File 101 x 13-14.1 Mr. Harry K. Winters, 201 Spring Grove Avenue, presented a petition containing 206 signatures of property owners and residents in the area of Spring Grove Avenue, Hillside Avenue and Westwood Drive. The petition requests that a high priority be assigned to preserving the undeveloped land in this area, and was referred to the City Manager for action. RE: SURVIVAL INCORPORATED - RECYCLING - File 13-14 Geoffry Young addressed the Council requesting that an ordinance be adopted whereby grocers would be required to post a sign near the beverage counter urging customers to purchase beverages in reusable containers. The matter was referred to the City Manager. RE: REPORT - SURVEY OF CALIFORNIA CITIZEN GOALS PROGRAM - File 103 Mr. Rodriguez discussed the Bank of America Area Development Report on Citizen Goals and urged that the report be studied by the Mayor and members of the City staff. RE: ZONING TEXT AMENDMENT - ''ENVIRONMENTAL AND DESIGN REVIEW'' - FINAL ADOPTION - File 10-2 x 10-7 CHARTER ORDINANCE NO. 1066 - An ordinance of the City of San Rafael amending Title 14 by adding thereto Chapter 14.11 entitled, ''Environmental and Design Review'' and repealing Section 14.75.070 of the Muni- cipal Code of the City of San Rafael, and amending Section 14.46.070, and numbering Charter Ordinance No. 1066 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: Barbier RE: ORDINANCE CALLING AND ORDERING SPECIAL BOND ELECTION AND PROVIDING FOR THE GIVING OF NOTICE THEREOF - FINAL ADOPTION - File 9-4 The Council deliberated whether or not to proceed with the scheduled September 19th San Rafael Open Space Bond Issue Election in view of its recent action to withdraw the request made to the Local Agency Formation Commission for exclusion from the County -Wide Regional Park District. The Mayor and each Councilman expressed a desire to proceed with the election on September 19th. CHARTER ORDINANCE NO. 1070 - An ordinance calling and ordering special bond election and providing for the giving of notice thereof, and numbering Charter Ordinance No. 1070 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: Barbier RE: SALARIES - ELECTED OFFICIALS - FINAL ADOPTION - File 7-3-2 CHARTER ORDINANCE NO. 1071 - An ordinance of the City of San Rafael fixing compensation of City Clerk and numbering Charter Ordinance No. 1071 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: Barbier RE: CHAMBER OF COMMERCE - File 119 City Manager McCown reported that he had met with the manager of the Chamber of Commerce and discussed the possibility of some services being conducted by the Chamber in connection with redevelopment if it is legally possible. The matter was continued to the meeting of August 7, 1972. RE: ORDINANCE CONTROLLING PARKING ON NARROW STREETS - File 11-8 CHARTER ORDINANCE NO. 1073 - An ordinance of the City of San Rafael amending Title 5, Chapter 5.40, Section 5.40.080, parking prohibited on narrow streets (add sub -section (c)), and numbering Charter Ordinance No. 1073, 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: Barbier RE: UNDERGROUND UTILITY DISTRICT NO. 3 - File 12-18 Director of Public Works Norris Rawles requested an extension of time from June 30, 1972 to September 30, 1972 to provide property owners additional time to accomplish the necessary undergrounding in Underground Utility District No. 3. Moved by Councilman Mulryan, seconded by Councilman Miskimen, to extend the deadline to July 30, 1972. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier RE: AGREEMENT - NORTHWESTERN PACIFIC RAILROAD COMPANY - CROSSING ON MISSION AVENUE AT TAMALPAIS - File -5-13 An agreement between the City and Northwestern Pacific Railroad Company for installation of automatic protection at railroad crossing on Mission Avenue and Tamalpais was discussed and the matter was con- tinued until August 7, 1972. RE: JOINT POWERS AGREEMENT WITH COUNTY OF MARIN FOR RECREATIONAL PROGRAM FOR SENIOR CITIZENS - File -13-10 RESOLUTION NO. 4271 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (County of Marin for the Providing of Recreational Program for Senior Citizens) Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier RE: AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY TO RELOCATE FIRE ALARM SYSTEM DURING WIDENING OF SAN PEDRO ROAD - File 4-4 x 4-13-14 see page 302 RE: PARASOL DETACHMENT - File 5-7-1 Assistant City Manager William Bielser reported that Mr. Richard Parasol, the owner of 2.71 acres on the ridge between Ridgewood Drive and Los Ranchitos, has asked for detachment of his property from the corporate limits of the City of San Rafael as it is not possible for the City to provide such services as police and fire protection from the City's side of his property. The Local Agency Formation Commission has approved this detachment. Moved by Councilman Jensen, seconded by Councilman Miskimen, to request the Board of Supervisors to approve the detachment and the City Clerk to set a public hearing on the detachment question. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier RE: TERRA LINDA COMMUNITY SERVICES DISTRICT ANNEXATION - File 5-2-57 Assistant City Manager William Bielser presented a report on the proposed annexation of the Terra Linda Community Services District to San Rafael in terms of the relationship of income to expense, concluding that in view of the fact that the proposed annexation is in conformance with the Council's adopted policies and does not impose an undue burden on existing city tax payers and will result in increased services for others at lower cost it is recommended that the Council join with the CSD Board to jointly petition the Local Agency Formation Commission for permission to conduct an an- nexation election at the earliest possible time. The Council accepted the report as presented. RE: PATROL SERVICES - MARIN COUNTY CIVIC CENTER - File 4-13-26 City Manager James McCown reported on a letter received from the Connty Administrator's office stating the Board of Supervisors' position that since the Civic Center complex is within the incorporated environs of San Rafael, the complex should be entitled to an appropriate level of police patrol service. The Council discussed the matter with the Chief of Police and instructed the City Manager to inform the County that the City will continue to provide the services which are now being provided and which were agreed to at the time of annexation and does not intend to extend the services beyond that. RE: LUCAS VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6-25 The Council agreed to naming City Engineer Ely Caillouette, Jr. as engineer of work for the Lucas Valley Open Space Assessment District and authorized the engineering staff to work overtime to accomplish the work and, if necessary, to hire additional help with the cost for the work involved being billed against the assessment district. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. I - File 6-22 City Engineer Ely Caillouette, Jr. reported that the City's application to the Army Corps of Engineers for a permit to install a storm drain outfall from the East San Rafael Drainage Assessment District No. 1 into the Bay is being held up because of an inquiry from the Department of Interior, Fish & Wildlife Service inquiring what affect the drainage into the Bay will have on the fish life. The Public Works Department will pursue the matter with the Corps of Engineers in hopes of an early approval. RE: SAN RAFAEL YACHT CLUB LEASE RENEWAL - File 2-8-11 City Attorney Fred Robbins, Jr. reported on negotiations with the San Rafael Yacht Club for renewal of the lease of city property on the canal. After discussion, it was moved by Councilman Jensen, seconded by Councilman Miskimen, that the City Attorney prepare a lease for a five-year period at $60.00 per month, with an option for extending the lease for five years, the rental to be renegotiated, the landscaping plan subject to approval of the Planning Director and a timetable for the implement- ing of the landscaping plan. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier The Council recessed to meet as a Redevelopment Agency. RE: PERSONNEL - File 7-5 Moved by Councilman Jensen, seconded by Councilman Mulryan, to place Jantje J. Perry on the regular payroll as Parking Enforcement Officer, commencing July 6, 1972, at the monthly salary of $603.00, Range 7-A, to fill existing vacancy. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier Moved by Councilman Mulryan, seconded by Councilman Miskimen, to place: (a) John S. Nelson on the regular payroll as Patrolman, commencing July 20, 1972, at the monthly salary of $844.00, Range 14a, Step A; and (b) David J. Miller on the regular payroll as Patrolman, commencing August 1, 1972, at the monthly salary of $844.00, Range 14a, Step A. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier RE: RECREATION - BICYCLE PATH - File 9-3-65 The Council asked for a report from the Director of Parks and Recreation on the status of the signing for bicycle paths. RE: WEED CONTROL - File 13-10.1 Councilman Miskimen pointed out that there are many center strips and vacant lots which need the atten- tion of the Weed Crew. Director of Public Works Norris Rawles stated that notices had gone out to people to clean their lots and that he would give particular attention to the areas mentioned by Councilman Miskimen. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated July 17, 1972, and Advice on Payroll dated July 20, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: (Fiscal Year 72-73) Claims: (Fiscal Year 71-72) Payroll: GENERAL FUND $22,729.87 PARKS FUND 745.41 LIBRARY FUND 3,372.46 EMPLOYEE RETIREMENT FUND 38,305.85 PARKING DISTRICT NO. 1 688.27 STORES FUND 470.88 EQUIPMENT REPLACEMENT FUND 2,014.35 TRUST & AGENCY FUND 925.00 EAST SAN RAFAEL DRAINAGE 6,013.50 ASSESSMENT DISTRICT 8,230.67 $ 77,482-76 GENERAL FUND $ 4,384.51 PARKS FUND 1,212.95 LIBRARY FUND 370,15 CAPITAL IMPROVEMENT FUND 6,464.49 EQUIPMENT REPLACEMENT 5,394.86 PARKING DISTRICT 51.45 $ 17 777FT 1 GENERAL FUND $1�3,223.91 PARKS FUND 6,013.50 LIBRARY FUND 5,225.34 $13 2.75 The Council adjourned in memory of Mrs. Robert Schoen, wife of Parks & Recreation Commission member. The meeting was adjourned to Tuesday, July 18, 1972, at 8:00 o'clock P.M. MARION A. GRADY, City Clerk Approved this ZI'L day of u s 1972 �7 MAYOR OF THE CITY OF SAN RAFAEL RE: AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY TO RELOCATE FIRE ALARM SYSTEM DURING WIDENING OF SAN PEDRO ROAD - File 4-4 x 4-13-14 RESOLUTION NO. 4272 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (Pacific Gas and Electric Company Agreement to Install Facilities) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier In the Council Chambers of the City of San Rafael, Tuesday, July 18, 1972, at 8:00 o'clock P.M. Adjourned Regular Meeting Present: Fred Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman C. Paul Bettini, Mayor Absent : Harry A. Barbier, Councilman RE: TERRA LINDA COMMUNITY SERVICES DISTRICT ANNEXATION - File 5-2-57 Mr. Robert Bennett, Mr. Richard Less and Mr. Frank Cooper of the Terra Linda Community Services District Board of Directors were present. After discussion, agreement was reached on the following issues: FIRE STATION - City agrees to construct a new fire station in the area generally west of Las Gallinas Road and on the north of Freitas Parkway in the immediate vicinity of the Terra Linda Community Services District. ASSUMPTION OF DISTRICT PERSONNEL - City agrees to assume present District personnel as indicated herein with no reduction in salary: 1 Fire Chief @ $1,325 per month 1 Fireman @ 800 per month 1 Fireman @ 625 per month 1 Rec. Director @ 805 per month Present CSD part time personnel will be employed wherever feasible in the opinion of the City Manager. A-1 District employees will be accorded all City fringe benefits and will be subject to all City departmental personnel rules and regulations. Assignment of duties will be the prerogative of the City, however, no reduction in above salaries will result. ANNEXATION FEE - There will be no annexation fee. POLICE PROTECTION - City agrees to provide the level of police protection proportionate to the needs of the area to be annexed. EXPANSION OF COMMISSIONS - City agrees, upon annexation to expand Parks and Recreation and Fire Commissions from present five to seven members. Appointments shall be made from the Las Gallinas Valley provided that one each shall be appointed from residents of the Terra Linda Community Services District. ASSUMPTION OF DISTRICT ASSETS - Upon annexation all District lands, improvements and equipment and maintenance of same shall be vested in the City of San Rafael. CSD agrees to transfer title of same to the City of San Rafael. LIGHTI% IMPROVEMENTS - City will improve lighting on the south side of Freitas Parkway. PRE -ZONING - City agrees to prezoning of CSD area to present zoning. BONDED INDEBTEDNESS - (a) City agrees to exempt CSD taxpayers from that portion of the City tax rate required for City sewer bonds. (b) CSD agrees that its taxpayers will, upon annexation, assume that portion of the City tax rate required to service open space acquisition bonds if approved by San Rafael voters on September 19, 1972. (c) City agrees to assume full servicing of all CSD bonded indebtedness. ANNEXATION ELECTION - It is agreed that every effort should be made to consolidate the an- nexation election with the 1972 November General election. Annexation to become effective on January 1, 1973• SWIMMING POOL - City and District agree that CSD Swimming Pool will be maintained on an open access basis subject to appropriate use charges as determined by the City Council. DISPOSITION OF DISTRICT RESERVE - First call upon all district reserve funds shall be for the acquisition of open space. Moved by Councilman Jensen, seconded by Councilman Mulryan, to request Local Agency Formation Commission to set a public hearing on August 9, 1972 to consider the annexation of the Terra Linda Community Services District to the City of San Rafael. Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: Barbier The meeting adjourned. MARION A. A% TV City Clerk Approved this day of1972 �6 le V 7/z, 4— MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, July 24, 1972 at 8:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman RE: SPECIAL MUNICIPAL ELECTION - OPEN SPACE BOND ISSUE - File 9-4 Assistant City Manager William J. Bielser presented a draft of a ballot argument, which must be filed with the City Clerk by Thursday, July 27, and a tax rate statement to be mailed to voters as required by the Elections Code. The Council made two minor changes to the draft of the ballot argument. Moved by Councilman Jensen, seconded by Councilman Barbier, to approve the ballot argument, as corrected, and the tax rate statement. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: GREETINGS TO THE CITY OF TSURUGA, FUKUI, JAPAN AND WELCOME TO MASAMI TAKAGI - File 108 RESOLUTION NO. 4270 - RESOLUTION OF THE CITY OF SAN RAFAEL WELCOMING MASAMI TAKAGI Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: ANNEXATION OR CONSOLIDATION - TERRA LINDA COMMUNITY SERVICES DISTRICT WITH THE CITY OF SAN RAFAEL - File 5-2-57 RESOLUTION NO. 4274 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RE ANNEXATION OR CONSOLIDATION OF THE TERRA LINDA COMMUNITY SERVICES DISTRICT WITH THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen The meeting adjourned at 8:10 P.M. MARION A. G RADY, City Clerk Approved this /i day of 14ee—,S7G ,19%z. , MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 7th, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilmam John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the Special Meeting July 12th, Special Meeting July 13th, Regular Meeting July l7th, Adjourned Regular Meet- ing July 18th, Special Meeting July 24th, 1972, a true and correct copy having been heretofore submitted to each member were approved. RE: PUBLIC HEARING - APPEAL OF SIGN STANDARDS - H. L. VIGLIENZONE, 475 FRANCISCO BOULEVARD - File 10-11 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner presented a written memorandum to the Mayor and Council summariz- ing the request of Mr. Viglienzone in the signing of his new automobile agency at 475 Francisco Boule- vard; the denial by the staff; the subsequent appeal to the City Planning Commission and the approval by the Planning Commission of a 155 square foot freestanding sign to a height of 23 feet with the limita- tion that it be the only freestanding sign on the site and that it be removed on his building so long as the total remains within the 236 square feet to which he is entitled. He also presented copies of the Planning Commission minutes of June 27th, 1972. Mr. Wayne Edminster asked that the applicant be limited to a sign that complies with the existing sign ordinance. Mrs. Sue Lifschiz asked if the value of the sign is such that it must be given a two year period for amortization and stated that citizens are frustated by visual pollution caused by signs. Mrs. Elizabeth Falk stated that the 155 square foot sign is over four times the size permitted by the sign ordinance and asked the Council to make the sign ordinance meaningful. Hercules Viglienzone stated that he was asking for two freestanding signs, one 155 square feet, the other 72 square feet with no signing on the building. He owns the large sign now and wishes to continue its use as long as others have larger signs along Francisco Boulevard. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, to sustain the action of the Planning Commission and deny the ap- peal. Motion died for lack of a second. Motion was made by Councilman Muryan, seconded by Councilman Miskimen, to sustain the appeal and permit Mr. Viglienzone to erect the signs permitted in the ordinance. Ayes: Councilmen: Barbier, Miskimen and Mulryan Noes: Councilmen: Jensen and Mayor Bettini Absent: Councilmen: None RE: PUBLIC HEARING - APPEAL OF SIGN STANDARDS - THE BUBBLE MACHINE, 1515 SECOND STREET - File 10-11 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner presented the Council with copies of the Planning Commission minutes of June 27th, 1972 regarding the appeal of staff deniel of an identification sign at 1515 Second Street. The commission voted unanimously to uphold the decision of the Planning Director and deny the sign which states "free exterior car wash with any fill -up". Mr. Tom Thacher representing the proposed Bubble Machine Car Wash stated the sign he is requesting is a permanent identification sign and is required to properly identify the business being conducted on the site. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to sustain the appeal and permit the identification sign. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: None RE: PUBLIC HEARING - PREZONING - 31 SAN PABLO AVENUE - JACOB INAUEN REPRESENTED BY MARVIN BOGHOSIAN - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner presented the Council with copies of the Planning Commission minutes of June 27th, 1972 in which the Planning Commission recommended the prezoning of 31 San Pablo Avenue to the City Council by a vote of 4 to 3. The Planning Director recommended denial of this pre - zoning as it is inconsistent with the general plan which shows the area for administrative professional use. He stated that he felt a GPC use permit determination would be necessary prior to any use of this site. r p�' Mr. Philip Abend representing the owner stated that as there are apartments directly across the street he felt that this zoning is compatible Mayor Bettini declared the hearing closed. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the prezoning at 31 San Pablo Avenue Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PUBLIC HEAVING - ZONING TEXT AMENDMENT - SECTIONS 14.84.020(a) and 14.84.040(a) TO REQUIRE SETTING FORTH THE BASIS ON WHICH APPEAL IS MADE AND SETTING FORTH ALL RELEVANT FACTORS - File 10-3 Mayor Bettini declared the hearing open. Planning Director, Herbert G. Hotchner stated that the Planning Commission had unanimously recommended a change in the zoning ordinance to require that appeals shall set forth the basis upon which the appeal is made and set forth all relevant factors. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to amend zoning ordinance. An ordinance of the City of San Rafael amending the text of Title 14 of the San Rafael Municipal Code so as to amend Sections 14.84.020(a) and 14.84.040(a) so as to require an appellant of Planning Director and Planning Commission actions to set forth the basis of the appeal and all relevant factors thereto, and numbering Charter Ordinance No. 1074 was read, introduced and ordered passed to print by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MARIN SHAKESPEAREAN FESTIVAL - File 104 Mr. Fred Perley addressed the Council and asked permission to put up a banner advertising Marin Shakes- pearean Festival and also contribution from the City toward the event. He was advised that the sign ordinance prohibits banners placed across the street and that because of the charter limitation of $1,000 for advertising purposes it would be impossible to contribute to the Marin Shakespearean Festival. RE: ORDINANCE NO. 1072 - REZONING 1675 GRAND AVENUE R -1-B-2 DISTRICT - Final Adoption - File 10-3 MARIST SOCIETY OF CALIFORNIA, FROM "U" DISTRICT TO CHARTER ORDINANCE NO. 1072 - An ordinance. amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from the "U" (Unclassified) District to R -1-B-2 (Single Family Residential with minimum building site area 10,000 square feet) District, and numbering Charter Ordinance No. 1072 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ORDINANCE NO. 1073 - ORDINANCE CONTROLLING PARKING ON NARROW STREETS - Final Adoption - File 11-8 CHARTER ORDINANCE NO. 1073 - An ordinance of the City of San Rafael amending Title 5, Chapter 5.40.080, Parking Prohibited on Narrow Streets (add sub -section (c) ),and numbering Charter Ordinance No. 1073 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: LEFT TURN LANE ON THE MIRACLE MILE AT ALEXANDER STREET - File 11-15.1 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to develop a left turn lane on Miracle Mile at Alexander Street at an estimated cost of $3,5oO, the cost to be share on a 50/50 bases with McDonald's of San Rafael. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None BE: FINAL MAP OF SUBDIVISION ENTITLED "PICNIC HILL A CONDOMINIUM" - File -1-210 City Engineer, Ely Cal Ilouette, Jr. presented the final map of Picnic Hill, a Condominium and recommended approval. RESOLUTION NO. 4275 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "PICNIC HILL, A CONDOMINIUM" Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROJECT NO. 9513(72)•160) SANITARY SEWER SYSTEM INFILTRATION CONTROL PROJECT - CLEANING - File 4-1-193 - RESOLUTION NO. 4276 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING CALL FOR BIDS FOR SANITARY SEWER SYSTEM INFILTRATION CON- TROL PROJECT -CLEANING PROJECT NO. 9513-72.160. (Bid opening August 21, 1972 at 10:00 o'clock a.m.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AGREEMENT NORTHWESTERN PACIFIC RAILROAD COMPANY - CROSSING ON MISSION AVENUE AT TAMALPAIS AVENUE - File -5-13 Director of Public Works Norris Rawles presented an agreement with the Northwestern Pacific Railroad Com- pany for the installation of Automatic Protection at Railroad Crossing on Mission Avenue and Tamalpais Avenue. The City's cost to be $16,500 which is 1/2 of total cost of installation of $33,000. After completion and payment to Railroad Company City will apply to State PUC for 1/2 of City's share. This is a budgeted item. RESOLUTION NO. 4277 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Northwestern Pacific Railroad Company) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan, and Mayor Bettini Noes: Coi¢mc i 1 men : None Absent: Councilmen: None RE: ABANDONING 1' NON -ACCESS STRIP AT THE TERMINUS OF LAS RAPOSAS ROAD - File 2-12 The request of P.J. Tarrant Construction Company for the City to abandon a P non -access strip at the terminus of Las Raposas Road and Las Colindas Unit 10 Subdivision to serve a 1.87 acre parcel proposed for one single family dwelling was refered to the Planning Commission for further study. RE: EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. l - File 6-22 RESOLUTION NO. 4278 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. - McKeon Construction Company (Right-of-way contract for con- veyance of drainage canal area in the East San Rafael Drain- age Assessment District No. 1) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4279 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY. (Grant Deed from McKeon Construction conveying drainage canal area in East San Rafael Drainage Assessment District No.]) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4280 - RESOLUTION AUTHORIZING THE SIGNING OF AN ESCROW AGREEMENT FOR PURCHASE OF PROPERTY IN THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FRANCISCO BOULEVARD PUMPING STATION AT OLD CORPORATION YARD SITE - File 2-1-5 x 4-12-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to authorize the Mayor and City Clerk to sign release to the State of California of pump house at old Corporation Yard site. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: ENCROACHMENT PERMIT - 36 AND 40 MISSION AVENUE - File 2-11 Director of Public Works Norris Rawles presented the request of PMT Homes for permission to install two reinforced concrete retaining walls to retain cut banks for driveways at two new residences at 36 and 40 Mission Avenue, and recommended approval by the Council. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to approve Encroachment Permit No. 232. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: 1250 GALLON PER MINUTE PUMPER AND RELATED HOSE AND EQUIPMENT - File 4-2-95 Chief Robert Marcucci requested that this item be held over to August 21st for additional evaluation. RE: FREEWAYS AND STATE HIGHWAYS - File 11-16 The Planning Commission recommends that the City Council adopt a resolution requesting the State Division of Highways to Redesign the Terra Linda Interchange to Provide Adequate Access to the East Side of High- way 101 Between Porto Suello Hill and Lucas Valley Road. RESOLUTION NO. 4281 - RESOLUTION OF THE CITY COUNCIL TO ASK THE STATE DIVISION OF HIGHWAYS TO REDESIGN THE TERRA LINDA INTERCHANGE TO PROVIDE ADEQUATE ACCESS TO THE EAST SIDE OF HIGHWAY 101. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: MADDEN PROPERTY TRANSFER - File 5-7-2 Assistant City Manager, William Bielser reported that the twon of Ross and Richard B. Madden, the owner of some 5.14 acres of land on the ridge be ween San Rafael and Ross have requested that San Rafael trans- fer its portion of the property to Ross as access to this property for police and fire protection is through the town of Ross. RESOLUTION NO. 4273 - RESOLUTION OF TRANSFER OF CERTAIN PROPERTY FROM THE CITY OF SAN RAFAEL TO THE TOWN OF ROSS KNOWN AS THE MADDEN PROPERTY TRANSFER. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SERGEANT JOHN RIORDAN TO THE ARMORER SCHOOL - File 9-3-30 x 7-5 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to send Sergeant John Riordan to the Armorer School to be held in Springfield, Massachusetts from September 11 - 22, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REGULATING INTRUSION DETECTION AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS - File 9-3-30 x 13-8.1 Chief of Police Joseph Brusatori presented an ordinance regulating Intrusion Detection and/or Burglar Alarm and Fire Alarm Systems and requested the Council hold a public hearing on this matter. The City Clerk was authorized to set the date for the public hearing. RE: FUNDS AND TRANSFER OF FUNDS - File 8-14 Finance Director, John B. Averett requested appropriation of funds to the Parks Department budget and the transfer from one account to another to balance all expenditures in the closing of books for the 1971-72 'budget. The Council instructed the Finance Director to set up administrative procedures to alert the departments when their budget is being over expended. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to authorize the appropriation and transfer as requested. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PROPOSED REALIGNMENT - BELLAM BOULEVARD AND JACOBY STREET - File 11-15.1 City Engineer, Ely Caillouette, Jr. reported on a meeting between City representatives and James Walker and are close to agreement on the property exchange. RE: REPORT ON STATUS OF EMPLOYEE NEGOTIATIONS - File 7-8-2 x 7-8-3 City Manager, James McCown reported that he expects to hear from the mediators by the end of this week. The matter was carried over to the meeting of August 21st. RE: CLAIMS Claim for personal injuries - Virginia M. Yarbrough - File 3-1-11 Damages to underground facilities on June 26 by Contractor on Sanitary Sewer Construction Project - Pacific Telephone & Telegraph Company - File 3-1-12 Damages to underground facilities on June 29, 1972 by Contractor on Sanitary Sewer Construction Project - Pacific Telephone & Telegraph Company - File 3-1-13 Motion was made by Councilman Jensen, seconded by Councilman Barbier, the above claims be denied and re- ferred to the insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: PERSONNEL BOARD OF REVIEW - File 9-2-12 City Manager, James McCown reported that the term of Mr. Jack L. Lalloue has expired and he was authorized by the Council to call for applications for the appointment. The question of a possible conflict of in- terest of Mr. Richard Sadler who serves on the personnel Board of Review was discussed and the matter was continued until the personnel rules and regulations can be changed by ordinance. RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to place David F. N. Willat on the regular payroll as Police Cadet commencing August 1, 1972 at the monthly salary of $405 Range 3, Step A. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: TERRA LINDA COMMUNITY SERVICES DISTRICT ANNEXATION - File 5-2-57 Assistant City Manager, William J. Bielser reported that the Local Agency Formation Commission has ap- proved annexation of Terra Linda Community Servies to the City of San Rafael and the matter will now go to the Marin County Board of Supervisors. RE: SAN RAFAEL REDEVELOPMENT - File 140 Councilman Mulryan suggested that the Dollar estate be conside-red as part of the redevelopment plan. RE: CONSTRUCTION OF FIRE STATION IN TERRA LINDA COMMUNITY SERVICES DISTRICT - File 9-3-31 x 5-2-57 A discussion was held as to whether or not the City has committed itself to build a new fire station in the Terra Linda Community Services District. The matter will be discussed at the Capital Improvement Budget hearing. RE: PREZONING -PORTIONS OF TERRA LINDA COMMUNITY SERVICES DISTRICT NOT ALREADY PREZONED - File 10-3 x 5-2-57 RESOLUTION NO. 4282 - RESOLUTION OF INTENTION BY THE CITY COUNCIL TO INITIATE PRE -ZONING FOR THOSE PORTIONS NOT ALREADY PRE -ZONED OF THE TERRA LINDA COM- MQNITY SERVICES DISTRICT TO CITY ZONES THAT ARE COMPARABLE TO EXISTING ZONING IN THE AREA. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CONSULTANTS FOR GENERAL PLAN - File 11 Mayor Bettini asked Councilman Miskimen and Councilman Mulryan to serve on a committee with the City Manager, the Assistant City Manager and the City Planner; together with two members of the Planning Com- mission to interview applicants for consultants for the San Rafael General Plan. The interviews will take place on Saturday, August 26th, 1972. RE: EXTENSION OF CHAPTER 14.62 GPC - GENERAL PLAN CONFLICT DISTRICT - File 10 - Planning Director, Herbert G. Hotchner presented a schedule of hearings to be held by the Planning Com- mission and the Council in the extension of the GPC General Conflict Combined District ordinance. The Planning Director was requested to arrange for a meeting of the Planning Commission with the City Council to discuss the Council's intent in actions under the General Plan Conflict Combined District. RE: CAPITAL IMPROVEMENT BUDGET - File 8-5 Monday, August 14th, 1972 at 7:30 p.m. was the time and date set for a hearing on the Capital Improvement Budget. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated August 7, 1972, and Advice on Payroll dated August 4th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND EQUIPMENT REPLACEMENT FUND EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT $ 12,293.90 373.17 105,172.11 55.03 2,983.35 165,351.90 $ 286,229.46 Payroll: GENERAL FUND $ 144,465.18 PARKS FUND 8,727.85 LIBRARY FUND 5,478.69 $ 158,671-72 Council adjourned to Monday, August 14th, 1972. MARION A. GRADY, City Clerk�r.�'_._� Approved this o�9/s/day of 72— MAYOR ZMAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Monday, August 7th, 1972 at 7:30 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: LEGAL ACTIONS AND COURT CASES INVOLVING CITY - File 3-2 City Attorney discussed with the Council certain pending litigation and other legal matters and re- ceived their views on how to proceed. MARION A. GRADY, City Clerk Approved this -;94/day of K jf 19 ;7z— MAYOR zMAYOR OF THE CITY 0 SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 14th, 1972 at 7:30 o'clock P.M. Adjourned Regular Meeting: RE: CAPITAL IMPROVEMENT BUDGET 8-5 Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman: John A. Miskimen, Counciman Absent: Lawrence E. Mulryan, Councilman The proposed Capital Improvement Budget of the Library, Fire Department, Public Works Department and Parks and Recreation were reviewed. After discussion, the City Manager and Finance Director were directed to present the final budget to the Council for adoption at the August 21st, 1972 meeting. MARION A. GRADY, City Clerk Approved this/J7 day of/14-1- _J/ 197ZMAYOR OF THE CITY 0 SAN RAFAEL In the Council Chambers of the City of San Rafael, August 21st, 1972 at 8:00 o'clock P.M. Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of Special Meeting August 7, 1972, Regular Meeting of August 7, 1972 and Adjourned Regular Meeting of August 14, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - EXTENSION OF EMERGENCY MORATORIUM ORDINANCE - AMENDMENT TO TITLE 14 BY ADDING CHAPTER 14.62 "GENERAL PLAN CONFLICT COMBINED DISTRICT" - File 10-3 Mayor Bettini declared the hearing open, and summarized for the audience the discussion which took place at the 7:00 P.M. meeting this evening with the Planning Commission. The San Rafael General Plan is being revised and consultants will be hired to do the work. In the meantime, the Planning Commission has been asked to place certain restrictions on development until the new general plan has been completed. Flat areas can be developed if it appears that the development will be proper under the new general plan but hillside development will be more restricted. Planning Director, Herbert Hotchner stated that the Council has before them copies of the minutes of the Planning Commission meeting of August 8th, 1972 recommending the extension of the GPC ordinance. He also called attention to the general -plan -combined -zone policy statement from the Mayor to the Planning Commis- sion dated August 18th. The urgency ordinance expires on October 19th and can be extended for an addi- tional eight month period to June 19th, 1973 by this action tonight. Mr. Julius Selinger addressed the Council asking them to make an additional exception in the ordinance to add "action under this ordinance shall not be retroactive". There being no one else wishing to address the Council, Mayor Bettini declared the hearing closed. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to approve the extension of the moratorium for an eight month period. An ordinance of the City of San Rafael amending Title 14, Zoning, of the Municipal Code by adding Chapter 14.62 G -P -C General Plan Conflict Combined District, and numbering Charter Ordinance No. 1075 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: PUBLIC HEARING - APPEAL OF ACTION OF PLANNING COMMISSION IN DENYING GPC -72-6 PEACOCK GAP UNIT 5 - File 10-5 For the record, Planning Director Herbert Hotchner informed the Council that they had before them the Planning Commission minutes of July 11th, 1972, copy of petition from residents in the Peacock Gap, McNears Point, San Pedro Hills area and a map prepared by the Planning Commission showing the boundaries of the area and the streets involved. In addition, Mr. Hotchner displayed other maps relating to this area, such as, the general plan map as acted on in 1958 for Peacock Gap and the map showing the undeveloped areas of the City of San Rafael. The Planning Director summarized discussions and actions of the Plann- ing Commission in this matter. Mr. Julius Selinger representing American Savings and Loan Association, owner and appellant in this matter stated that the application was filed on May 19th, 1972; together with the tentative map. This was 31 days prior to the urgency ordinance being adopted. Mr. Selinger questioned the validity of the ordinance, citing Article IV, Section 1 of the California Constitution which requires a•roll call vote on the emer- gency as well as a roll call vote on the ordinance. He stated that if the ordinance is invalid there is no requirement for a GPC action and if it is a valid ordinance, this additional requirement should not be imposed retroactively. Mr. Selinger stated that the proposed development is not inconsistent with the GPC ordinance in that there is substantial probability that the use proposed will be consistent with the contemplated zoning proposals being prepared and there is little probability of any substantial detriment to the public should an inconsistency ultimately exist. When the matter was presented to the Planning Commission on May 19th it was presented as a tentative subdivision and no use permit was required under the then existing law. Mr. David Van Pelt of Dan Coleman Associates reviewed in detail the history of the various stages of de- velopment under the master plan of Peacock Gap. In answer to Mayor Bettini's question, he stated that this is basically the same map as to slope, lot size, etc. as that presented in 1964. City Attorney, Fred C. Robbins, Jr. and City Planning Director explained the choices the Council has in this action such as to deny the appeal which would mean the Planning Commission will have to deny the sub- division or to sustain the appeal and put in conditions which the Planning Commission will have to con- sider. Mr. Larry Simmel ink, President of the Peacock Gap Homeowners Association representing approximately 300 omeowners stated that this association does not oppose development but opposes development based on the existing tentative map. Before action is taken he would like complete assurance from the owners in writ- ing that high quality construction will take place, tha the homeowners association will have architectural control and covenants be put in writing. He asked for a delay in this matter to work out details. ;31 Mrs. Tina Ferris, Chairman of the Sav e San Pedro Peninsula stated that there are too many questionable items in this development to proceed at this time. Mr. Frank Goodale asked the Council to take another look at the development in the light of more recent policies, such as, the slope ordinance. Dr. Patrick McLin, a resident of Peacock Gap stated that the developers and the homeowners want a good well kept subdivision but questioned if we are going to be guided by 1958 or 1964 guidelines or by pre- sent day enlightened concepts. Mayor Bettini declared the public hearing closed. After discussion by the Council, it was moved by Councilman Barbier to deny the appeal and uphold the decision of the Planning Commission and the Peacock Gap residents, and developer to work together to come up with a more suitable plan. Notion died for lack of a second. Motion was made by Councilman Miskimen to give the developer the right to present to the Planning Com- mission a development proposal for the area for R-1 development with 85 units, the house to be built on the flat area and to high residential standars. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to sustain the appeal and refer the subdivision back to the Planning Commission for the developer and the Peacock Gap Homeowners Association to work out the details. Ayes: Councilmen: Barbier and Jensen Noes: Councilmen: Miskimen and Mayor Bettini Absent: Councilmen: Mulryn Motion was made by Councilman Miskimen, seconded by Councilman Barbier, that the appeal be denied. Ayes: Councilmen: Barbier and Miskimen Noes: Councilmen: Jensen and Mayor Bettini Absent: Councilmen: Mulryan Mayor Bettini then declared the matter continued to October 2nd, 1972. RE: PUBLIC HEARING - REZONING GLEN PARK AVENUE AND MYRTLE FROM R-1 TO PUD-Rl, WILLIAM PARNOW - File 10-3 Mayor Bettini declared the hearing open. Planning Director Herbert G. Hotchner reported for the record that a copy of the staff report, the minutes of the Planning Commission meeting of July 25th, 1972 and a map showing the location of the pro- posed townhouse development were submitted to the Council. The Planning Commission has unanimously re- commended the rezoning. Mrs. Paul McCart, 182 Glen Park Avenue stated that she was adamantly opposed to construction of 28 town- house units on a 6.2 acre parcel of land mainly because there is only one road leading into the property. Mr. Steve Thomas, 1680 Grand Avenue objected to the amount of traffic which would result from 28 town- houses with only one roadway leading to the property. Mrs. Frances Callan, 178 Glen Park Avenue questioned the density on the property and was informed that there would be 4.51 units per acre and the density is less than in a conventional development. She also discussed the improvements to be made to Myrtle Avenue. Mr. Richard Sadler, 28 Dominican Drive wanted clarification of the extension of the deadend of Dominican Drive to this proposed street and was informed that there could be no reasonable connection. Mr. H. (Rusty) Ghilotti asked how many off-street parking places were required and was informed that 68 places were proposed. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to rezone the property from Rl to PUD-Rl. An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Sec- tion 14.15.020 of the Municipal Code of San Rafael, California, so as to reclassify certain real property from R-1 (Single Family Residential) District to PUD -R1 (Planned Unit Development -Single Family Residen- tial) District, and numbering Charter Ordinance No. 1076 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen and Mayor Bettini Noes: Councilmen: Barbier Absent: Councilmen: Mulryan RE: REZONING - LOCUST AVENUE AND GOLD HILL GRADE FROM R-1, & R-1-13-2 to R-1-13-3 DISTRICT - JACK NIXON - i e - Mayor Bettini declared the hearing open, and stated that the notice was incorrect in that all involved parcels were not noticed. The hearing was closed and will be readvertised for the second meeting in October, 1972. RE: EXPRESSION OF APPRECIATION - Fide 102 Mr. Robert Schoen thanked the Council for the tribute paid his wife in adjourning their recent meeting in her memory. 314 Mr. Steven Thomas expressed his appreciation for the excellent job done by the Public Works Department, Planning Department and others on the viaduct parking lot. RE: ORDINANCE NO. 1074 - ZONING TEXT AMENDMENT - SECTIONS 14.84.020(a) and 14.84.040(a) TO REQUIRE SETT- ING FORTH THE BASIS ON WHICH APPEAL IS MADE AND SETTING FORTH ALL RELEVANT FACTORS -'File Adoption File 10-3 CHARTER ORDINANCE NO. 1074 - An ordinance of the City of San Rafael amending the text of Title 14 of the San Rafael Municipal Code so as to amend Sections 14.84.020(a) and 14.84.040(a) so as to require an ap- pellant of Planning Director and Planning Commission actions to set forth the basis of the appeal and all relevant factors thereto, and numbering Charter Ordinance No. 1074 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: FEES - File 9-10.2 The Planning Department was requested to present a schedule of fees for appeals of Planning Commission actions. RE: AUTHORIZATION TO INITIATE PURCHASE OF NEW FIRE ENGINE AND RELATED HOSE AND EQUIPMENT - File 4-2-95 Chief Robert Marcucci recommended against purchasing a fire engine through the State of California Cooperative Purchasing Program and suggested that the City draw its own specifications and go out for bid. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to prepare specifications to sub- mit for b i d. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: CHAMBER OF COMMERCE - File 119 A report from City Manager, James H. McCown recommending that additional support be given the San Rafael Chamber of Commerce in the form of a contract for services was discussed by the Council. City Attorney, Fred C. Robbins, Jr. stated that if there is a need for certain services to be performed it would be legal to enter into an agreement for the services. After discussion, it was moved by Councilman Barbier, that the City enter into a contract with the Chamber of Commerce for $8,000.00 worth of services, with the services provided to be limited to what the $8,000. can buy. After discussion, Councilman Barbier amended the motion as follows: That the City enter into a contract with the Chamber of Commerce for $8,000.00 for services as a public information bureau in the interest of the City by collecting and compiling information to serve the com- munity at large. Seconded by Councilman Miskimen. Ayes: Councilmen: Barbier, Miskimen and Mayor Bettini Noes: Councilmen: Jensen Absent: Councilmen: Mulryan RE: SANITARY SEWER SYSTEM INFILTRATION CONTROL PROJECT - CLEANING - PROJECT NO.. 9513-72.160 - File -1-193 Bids were received and opened at 10:00 A.M. August 21st, 1972 and reviewed by the Public Works Department. Motion was made by Councilman Jensen, seconded by Councilman Barbier, to award the contract to Rodding - Cleaning Machines, Inc. RESOLUTION NO. 4283 - RESOLUTION OF AWARD OF CONTRACT. (Rodding -Cleaning Machines, Inc.) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: LOW RENT HOUSING LEASED DWELLING UNITS - File 13-16 Representatives of the Housing Authority of Marin County addressed the Council and presented a report of the current low rent housing leased dwelling program. After discussion, it was moved by Councilman Jensen, seconded by Councilman Barbier, to increase the number of dwelling units in the City of San Rafael to 150 and 50% of them to be leased to senior citizens wherever possible. Ayes: Councilmen: Barbier, Jensen and Mayor Bettini Noes: Councilmen: Miskimen Absent: Councilmen: Mulryan RE: CYCLE-O-RAMA AT MARIN COUNTY CIVIC CENTER PARKING AREA - File 11-22 Mayor Bettini left the meeting. Acting Mayor Jensen presided. A discussion of the Cycle -O -Rama to be held by the North San Rafael Kiwanis Club and Marin Cyclists, Inc. on September 24, 1972 at the Marin County Civic Center was held. Traffic officers will be needed and the organization will arrange with the Police Department for providing a traffic officer. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to grant the permit to the Cycle - 0 -Rama. Ayes: Councilmen: Barbier, Miskimen and Acting Mayor Jensen Noes: Councilmen: None Absent: Mulryan and Bettini Mayor Bettini returned to the meeting room. RE: U. S. 101 VIADUCT PARKING LOT BETWEEN THIRD AND FOURTH STREETS - PROJECT NO. 9322-72.140 - (Extended to and including the 17th day of August, 1972) - File -1-190 RESOLUTION NO. 4284 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF CONTRACT. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: BAHIA DE RAFAEL UNIT 2 - File 5-1-211 Director of Public Works Norris Rawles presented final map of ''Bahia de Rafael Unit 2''; together with the subdivision agreement and the necessary bonds for faithful performance, labor and materil. RESOLUTION NO. 4285 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "BAHIA DE RAFAEL UNIT II" Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: ABANDONMENT OF EASEMENT - BAHIA DE RAFAEL UNIT 2 - File 2-12 The Council set Monday, the 18th day of September, 1972 at 8:00 o'clock P.M.. as the time and place for hearing all persons interested in the proposed closing, abandoning grrJ vacation of an existing levee ease- ment in Bahia De Rafael Unit 2. RESOLUTION NO. 4287 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS.00' levee ease- ment - Bahia de Rafael Unit 2) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: PARKING LIMITS - GRAND AVENUE BETWEEN FOURTH AND FIFTH AVENUES - File 11-8 RESOLUTION NO. 4286 - A RESOLUTION DESIGNATING AND DESCRIBING TWO (2) HOUR LIMIT PARKING AREAS. (Grand Avenue - between Fourth and Fifth Avenues (both sides of the street) Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: CAPITAL IMPROVEMENT BUDGET AND TAX RATE FOR FISCAL YEAR 1972-73 - File 8-5 x 9-12-1 The Council approved $2,500.00 in the operating budget for the Boyd Science Museum The Council also agreed to withhold the expenditure of $6,000.00 for the improvement of the baseball field at Peacock Gap, after discussion with Mr. Robert Winckler of the Peacock Gap Homeowners Association. It was suggested that Mr. Winckler contact Parks and Recreation Director Andrew Snyder and discuss the pro- ject and the Council will not release any of the money until the Peacock Gap Homeowners Association is satisfied. The Council agreed to meet at 8:00 P.M. Monday, August 28th to consider tFE status of employee negotia- tions, take final action on the Capital Improvement Budget, and establish tax rate for fiscal year 1972-73. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Jensen, authorization to place the following personnel on the regular monthly payroll effective September 1st, 1972: Fi remen : (a) Ralph W. Chubb 14-A $826 (b) William L. Marsh 14-A $826 (c) Stephen L. Roche 14-A $826 (d) Robert Wentz 14-A $826 (e) Bob B. Means, III 14-A $826 Groundsman/Custodian (EEA) (a) Michael Egan 9-A $682 Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: ECONOMIC OPPORTUNITY COUNCIL - File 13-1 William J. Bielser, San Rafael's representative on the Economic Opportunity Council, recommended that San Rafael withdraw its representation from the EOC. Motion was made by Councilman Jensen, seconded by Councilman Barbier, that the City of San Rafael with- draw from the Economic Opportunity Council. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan RE: COURT HOUSE SQUARE - File 124 Mayor Bettini requested the Police Department to take action to clean up the undesirable element, drink- ing and loitering in the Court House Square. RE: CITY COUNCIL MEETINGS IN SEPTEMBER - File 9-1 The Council agreed to set September 11th, 1972 as the first meeting in September. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated August 21st, 1972, and Advice on Payroll dated August 18th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND PARKS FUND LIBRARY FUND CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND GENERAL FUND PARKS FUND LIBRARY FUND Council adjourned to Monday, August 28th, 1972. $ 1,265.34 1,238.24 3.67 44,077.83 41.78 $46,626.86 $ 123,71o.42 6,291.56 5,281.86 $ 135,283.8 MARION A. GRADY, City Clerk Approved this ///7, day of t �_ 19 i L MAYOR OF THE CITY'DF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, August 21, 1972 at 7:00 o'clock P.M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Absent: Lawrence E. Mulryan, Councilman RE: EXTENSION OF EMERGENCY MORATORIUM ORDINANCE - File 10-3 Members of the San Rafael Planning Commission present were: Chairman Garbarino, Commissioners O'Toole, Albritton and Boro. Mayor Bettini discussed his letter written to the Planning Commission expressing the Council's view on the GPC zone. He stated that there is not and never was intended to be a blanket moratorium in San Rafael. Anyone with an acceptable plan may develop his property and development proposals will be heardwhen the when the type of land use proposed will be continued without question in a particular area. He described the moratorium as a screening process useful for reflecting current community standards in the new general plan. Our present General Plan adopted in 1966 is based on land use Standards prevalent then. At the present time it would appear that our citizens desire a reduction in density, preservation of major undeveloped ridgetops. Therefore, 1. Any land proposed for development should be substantially and pri- marily flat in its entirety. 2. Any proposal for residential development should have density sub- stantially less than the maximum now permitted under the existing standards if it is to be considered prior to the development of a new General Plan. 3. Proposals will be received and considered only for those areas where the City Council, Planning Commission and public are in very substantial agreement that the land use which now exists in that area on the ground, in the current General Plan and in the current zoning are consistent with each other and without question will be the only type of land use that will be continued in the future in that particular area. If there is pretty com- plete agreement on those points, then a proposal for that type of land use will be considered on the merit of its design and density and other related factors as geared toward what new standards might be in the future. Council adjourned. MARION A. GRADY, City Clerk Approved this day of 19 % 7�_ MAYOR OF THE CIT'r OF SAN RAFAEL In Room 201 in th.e City Hall of the City of San Rafael, Monday, August 28th, 1972 at 8:00 o'clock P.M. Adjourned Regular Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: CITY ATTORNEY - File 9-3-16 City Attorney, Fred C. Robbins, Jr. was not present. It was moved by Councilman Mulryan, seconded by Councilman Jensen, that Mr. Ron Schenck be appointed Acting City Attorney for this meeting. Carried unanimously. RE: SAN RAFAEL FIREMEN'S ASSOCIATION AND SAN RAFAEL POLICE ASSOCIATION - File 7-8-2 x 7-8-3 The Council considered the report of the mediators and after discussion gave instructions to its represen- tative to offer the following: Salary increase: 5% effective September 1st. Medical insurance package: $30.00. Uniform allowance: $150.00 payable in advance for new officers. Educational incentive: Reduced from five (5) years to one (1) year or upon completion of probationary period. Saturday holidays will be observed on Friday. Also discussed was the result of the interviews with various consulting firms for the purpose of updating the general plan. The Council then adjourned to the Council Chambers to continue the meeting in open session. RE: CAPITAL IMPROVEMENT BUDGET - File 8-5 Finance Director John Averett presented the final Capital Improvement Budget and reviewed the anticipated revenue and fund reserve. Councilman Miskimen suggested that a serious mid -year review of the budget take place in January of 1973. RE: TAX RATE FOR FISCAL YEAR 1972-73 - File 9-12-1 RESOLUTION NO. 4288 - RESOLUTION SETTING THE TAX RATE FOR FISCAL YEAR 1972-73 Ayes: Councilmen: Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: Barbier and Jensen Absent: Councilmen: None RE: CONSULTANTS FOR UPDATING SAN RAFAEL GENERAL PLAN - File 115 Councilman Mulryan reported on the result of interviews with various firms and the committee's recommenda- tion that the firm of Duncan and Jones be employed as consultants. Moved by Councilman Mulryan, seconded by Councilman Barbier, to employ the firm of Duncan and Jones to up- date the San Rafael General Plan and to request them to use the Faustman firm in connection with traffic studies in the general plan. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: AUDITS AND AUDIT REPORTS - File 8-1 Moved by Councilman Jensen, seconded by Councilman Barbier, that all members of the Council be furnished with a copy of Sleezer b Eckhoff's annual report. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SAN RAFAEL FIREMEN'S ASSOCIATION AND SAN RAFAEL POLICE ASSOCIATION - File 7-8-2 x 7-8-3 Police Officer, Henry Ingwersen and Fireman Don Woford informed the Council that they will not accept the offer made by the City's negotiator. Council adjourned. City Cie r11 Approved this x23-' day of 19 MAYOR OF THE CITY OF SAN RAFAEL gi g In Room 201 of the City Hall of the City of San Rafael, Thursday, September 7th, 1972 at 8:00 o'clock P. M. Special Meeting: Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman RE: SAID RAFAEL FIREMENS ASSOCIATION AND SAN RAFAEL POLICE ASSOCIATION - File 7-8-2 x 7-8-3 Council met in executive session to consider what action to take in view of the fact that the San Rafael Firemens Associaiton and San Rafael Police Association will not accept the offer made by the City negotiator. After lengthy discussion it was agreed to make no change in the prior offer except to adjust the medical insurance package to $32.47. The Council also agreed to set salaries for the Policemen and Firemen by resolution on September 11th. The Council met in open session and reported on the decision made at the executive session. Attorneys Burdick and Bunch representing the Police and Fire Associations responded to the Council on be- half of their associations. RE: TREASURER'S REPORT - File 8-8 The Council instructed the City Treasurer to present a report of the investment program of the City and within thirty days to report on a plan to reduce the number of bank accounts which the City now has. Council adjoyrned. MARION A. GRADY, City Clerk Ci Approved this day of 41/0 972. MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, September 11th, 1972 at 8:00 o'clock P.M. Adjourned Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Motion was made by Councilman Jensen, seconded by Councilman Barbier, and carried, the minutes of the Special Meeting and Regular Meeting of August 21st, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF FOUR LOT SUBDIVISION SOUTHSIDE OF HILLSIDE AVENUE BETWEEN ROSS VALLEY DRIVE AND WESTWOOD DRIVE (GPC72-3 AND S722 - File 10-5 Mayor Bettini declared the hearing open. Senior Planner, Charles Linthicum stated that a copy of the Planning Commission minutes; together with a map of the area had been presented to the Council, and the denial of this subdivision had been unanimous under the GPC ordinance. Mr. James Derryberry, President of Meadowhill Corporation addressed the Council stating that the subdivision map had been submitted prior to the adoption of the GPC ordinance. Lucille McLean, 171 Terrace Avenue expressed the concern that she and her neighbors feel about the grading causing landslides. Mr. Harry Winters, 201 Spring Grove Avenue, San Rafael stated that he had obtained a petition with signature of practically all of the neighbors in the area opposing this subdivision. Mr. Melvin Beck, 170 Hillside Avenue spoke in opposition to the subdivision: Mr. Leonard A. Cottrill, 1973 Hillside Avenue spoke in favor of the subdivision. Mayor Bettini declared the hearing closed. Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to deny the appeal and uphold the decision of the Planning Commission. Ayes: Councilmen: Barb ier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: APPEAL OF PLANNING COMMISSION APPROVAL FOR ADDITION OF SWIMMING POOL AND WADING POOL TO TENNIS CLUB - 1 75 GRAND AVENUE, MARIST SOCIETY OF CALIFORNIA, OWNER, FRANCIS L. WHISLER (UP72-14 Tb - File 10-5 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum briefed the Council on this matter and presented copies of the Planning Commission minutes and a site sketch showing the relationship of the pool to the courts. Dr. Orville Grimes, 1660 Grand Avenue, President of the Homeowners Association addressed the Council stating his objections to the additional use of this property. Mr. Robert Krohn of 1 Grand Court urged the Council to disapprove the pool. Mrs. Florence Humphrey, 1664 Grand Avenue also spoke in opposition to the pool. Mr. Francis Whisler, 1644 Grand Avenue, President of the proposed tennis club and Mr. Frank E. Farella, Secretary of the tennis club, and Mr. Rod Martinelli, a member of the Board of Directors of the Marin Tennis Club spoke in behalf of the application. Mayor Bettini declared the hearing closed. Motion was made by Councilman Barbier, to sustain the appeal and overrule the Planning Commission.. There was no second to this motion. Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to deny the appeal and uphold the decision of the Planning Commission. Ayes: Councilmen: Barbier, Jensen, Miskimen and Mulryan Noes: Councilmen: Mayor Bettini Absent: Councilmen: None RE: APPEAL OF PALNNING COMMISSION'S ACTION GRANTING GROUP CARE FACILITY - DRUG TREATMENT, PREVENTION AND EDUCATION - 918 C STREET (UP72-86) - File 10-5 Mayor Bettini declared the hearing open, and announced that McPhail's Inc. the appellants in this matter submitted a letter withdrawing their appeal. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to de -y the appeal. Ayes: Councilmen: Barbier,Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: RACES, BICYCLE (JR. CHAMBER OF COMMERCE) - File 119.1 Motion was made by Councilman Barbier, seconded by Councilman Mulryan, to permit the Junior Chamber of Commerce to hold an Orange Crate Derby on October 1st under conditions imposed by the Chief of Police. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: EXTENSION OF EMERGENCY MORATORIUM ORDINANCE AMENDMENT TO TITLE 14 BY ADDING CHAPTER 14.62 ''GENERAL PLAN CONFLICT COMBINED DISTRICT'' - File 10-3 CHARTER ORDINANCE NO. 1075 - An ordinance of the City Council of the City of San Rafael amending Title 14, Zoning of the Municipal Code by Adding Chapter 14.62 G -P -C General Plan Conflict Combined District, and numbering Charter Ordinance No. 1075 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbie r, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: REZONING GLEN PARK AVENUE AND MYRTLE FROM R-1 TO PUD -R-1, WILLIAM PARNOW - File 10-3 CHARTER ORDINANCE NO. 1076 - An ordinance amending the zoning map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Municipal Code of San Rafael, California, so as to re- classify certain real property from R-1 (Single Family Residential) District to PUD-Rl (Planned Unit Development -Single Family Residential) District, and numbering Charter Ordinance No. 1076 was passed and adopted as an ordinance of the City of San Rafael by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COURTHOUSE SQUARE DEVELOPMENT - File 124 The Council discussed the Planning Commission request that the City Council ask the Board of Supervisors to change the front yard required in the contract to permit moving the whole complex 10' closer to Fourth Street so that the landscaped area on Fifth would look more like a front yard as well. The Commission also indicated that nine parking spaces at the corner of Fifth might be removed in order to permit more open space and if necessary that a variance be given on the parking if this change would reduce the park- ing slightly below the amount required. Mr. Al Bianchi representing McKeon Construction Company addressed the Council stating that guidelines are needed to know what kind of building the Council wants. Motion was made by Councilman Barbier, seconded by Councilman Jensen, that the building should not be moved 10' closer to Fourth Street, and the matter should be returned to the Planning Commission to re- consider its action. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None The Council discussed various aspects of the design of the building. Mrs. Elizabeth Falk, 40 Bonnie Banks Way objected to the manner in which this hearing is being handled. Mr. Sigfried Herzog of the Chamber of Commerce expressed the Chamber's support of the development. RE: FURNISHING ROAD MATERIALS - FISCAL YEAR JULY 1, 1972 to June 30, 1973 - File 4-2-96 RESOLUTION NO. 4291 - RESOLUTION APPROVING PLANS, SPECIFICATIONS, GENERAL PROVISIONS AND INSTRUCTIONS TO BIDDERS AND DIRECTING CALL FOR FURNISHING ROAD MATERIALS FOR FISCAL YEAR 1972-1973• (Bid Opening September 25, 1972 at 2:00 P.M.) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SOUTH SAN PEDRO ROAD PHASE IV- File 4-13-14 Motion was made by Councilman Mulryan, seconded by Councilman Barbier, to approve contract Change Order Nos. 2 and 3 on South San Pedro Road Project, Phase IV, in the sum of $5,700.00. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CECCOTTI SUBDIVISION - File 5-1-200 RESOLUTION NO. 4292 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK. (To and including the 7th day of September, 1972) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: VACATING EASEMENT IN DOMINICAN HEIGHTS UNIT 3, LOT 95 - File 5-1-149 x 2-12 RESOLUTION NO. 4293 - RESOLUTION OF INTENTION TO VACATE VARIOUS EASEMENTS. (10' Drainage Easement in Dominican Heights Unit 3, Lot 95) (Hearing set for Monday, the 2nd day of October, 1972) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: FEDERAL AID URBAN SYSTEM - File 11-15 RESOLUTION NO. 4294 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS ADOPT A RESOLUTION REQUESTING THAT THE STATE DEPARTMENT OF PUBLIC WORKS APPROVE PROCEDURES AND CRITERIA FOR DETERMINING FEDERAL AID FOR URBAN SYSTEM PROJECT PRIORITIES AND ESTABLISHING THE FEDERAL AID URBAN SYSTEM COMITTEE. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: BELLAM AND JACOBY STREETS INTERSECTION - ACQUISITION OF ADDITIONAL RIGHT-OF-WAY - File 2-2 x 11-15.1 Director of Public Works reported that negotiations are not complete. RE: ENCROACHMENT PERMIT - 98 JEWELL STREET - File 2-11 Motion was made by Councilman Jensen, seconded by Councilman Barbier, Encroachment Permit No. 243 for the construction of Redwood debris wall within public Right -of -Way at 98 Jewell Street be granted. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: DRAINAGE OUTFALL LINE FOR EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1 - File 6-22 Director of Public Works was authorized to contact the District Engineer in connection with the City's permit request to U.S. Army Corps of Engineer for the construction of a Drainage Outfall Line for the East San Rafael Drainage Assessment District No. 1, and if necessary, to contact Congressman Mail 1iard for action in this case. RE: ANNEXATION ACTIVITY - File 5-2-56 x 5-2-57 Assistant City Manager, William J. Bielser reported on the annexation of the Terra Linda Community Services District and asked the Council to attend the public hearing on Thursday, September 28th. In connection with the Black Canyon Annexation, he suggested deferring the matter until the General Plan is revised. RE: REDEVELOPMENT - File 140 City Council recessed to act as a Redevelopment Agency. RE: CLAIM FOR DAMAGES TO UNDERGROUND FACILITIES - PACIFIC TELEPHONE AND TELEGRAPH COMPANY - File 3-1-15 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim and refer to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: CLAIM FOR PERSONAL INJURIES - JACK S. MANNING FOR STEPHEN MANNING - File 3-1-16 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the claim and refer to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None U : CLAIM FOR BROKEN WINDSHIELD - MRS. LEE C. JOHNSON - File 3-1-17 Motion was made by Councilman Jensen, seconded by Councilman Barbier, to deny the claim and refer to the City's insurance carrier. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None A 172,E RE: PARKS AND RECREATION COMMISSION - File 9-2-4 Terms of Mrs. Norman Wall, Mr. Fred Jensen, and Mr. Robert Schoen expire October 1, 1972. The City Manager was requested to advertise in the usual manner for applicants. RE: BOARD OF REVIEW - File 9-2-12 The City Manager was requested to secure applicants for the Board of Review. RE: PERSONNEL - File 7-5 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, to place Nancy S. Jones on the regular monthly payroll as Librarian 1, $674.00 monthly, effective September 1, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councklmen: None Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to place on the monthly payroll Linda S. Conroy, as Typist Clerk, II, 3a -Step A, $535.00 effectiv e September 11, 1972. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: COUNCIL MEETINGS - File 9-1-1 City Council set October 30th, 1972 as the date for the second meeting in October. RE: COMMENDATION - RESOLUTION HONORING RICK DeMONT - File 102 RESOLUTION NO. 4296 - RESOLUTION OF COMMENDATION (Rick DeMont) Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RE: SALARY AND WAGES - File 7-3 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to adopt a resolution granting a 5% increase to the safety personnel and an additional 1-1/2% to miscellaneous personnel retroactive to September lst. Councilman Barbier offered a substitute motion to make the increases retroactive to August 1st. There was no second to this motion. RESOLUTION NO. 4289 - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR CERTAIN OFFICERS, ASSISTANTS, DEPUTIES, CLERKS AND EMPLOYEES OF THE CITY OF SAN RAFAEL AND FIXING THE COMPENSATION AND WORK- ING CONDITIONS THEREOF. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None RESOLUTION NO. 4290 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADJUST- ING THE SALARY RANGE FOR CLERICAL CLASSIFICATIONS. Ayes: Councilmen: Barbier, Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: None All claims approved by the Finance Committee were presented and warrants ordered drawn for same as ap- pears from the Advice on Warrants dated September 11, 1972, and Advice on Payroll dated September 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: Claims: GENERAL FUND $ 23,109.24 PARKS FUND 2,083.62 LIBRARY FUND 1,781.67 PARKING DISTRICT 773.71 CAPITAL IMPROVEMENT 164,384.20 STORES REVOLVING 775.70 EQUIPMENT & REPLACEMENT 43,957.57 PARKING METERS 1.93 EAST SAN RAFAEL DRAINAGE ASSESSMENT DIST. #1 148,849.80 $385,717.44 Payroll: GENERAL FUND $ 135,374.03 PARKS FUND 6,985.50 LIBRARY 5,056.14 PARKING METERS 626.19 $ 148,041.86 Council adjourned to Monday, September 18, 1972. MARION A. GRADY, City Clerk Approved this day of lJod- 1972. MAYOR OF THE CITY OF SAN RAFAEL 0 �� 5 In the Council Chambers of the City of San Rafael, Monday, September 18th, 1972 at 8:00 o'clock P.M. Regular Meeting: Present: Fred E.Jensen, Acting Mayor Harry A. Barbier, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: C. Paul Bettini, Mayor RE: PUBLIC HEARING - REGULATING INTRUSION DETECTION, AND/OR BURGLAR ALARM AND FIRE ALARM SYSTEMS - 9-3-30 x 13-8.1 Acting Mayor Jensen declared the hearing open. Representatives of Bay Alarm Company, American Sentry Systems and Mr. A. Leonard Bjorkland, Jr., attorney for Warren Security Systems discussed with the Council the various regulations under the proposal to add Chapter 8.20 to the Municipal Code to regulate intrustion detection and/or burglar alarm and fire alarm systems. After lengthy discussion, Acting Mayor Jensen continued the matter to October 30th at which time a new draft of the ordinance would be presented. RE: PUBLIC HEARING - ABANDONMENT OF EASEMENT - BAHIA DE RAFAEL UNIT 2 - File 2-12 This being the date and time of the public hearing set by the City Council and the necessary posting hav- ing been accomplished, Acting Mayor Jensen declared the hearing open. There being no one present wishing to discuss the abandonment of the 30' wide levee easement in Bahia de Rafael Unit 2, the hearing was closed. RESOLUTION NO. 4295 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Barb ie r, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - APPEAL ON TOWNHOUSE AND APARTMENT COMPLEX SAN PABLO AVENUE, McCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER GPC 72-2 - File 10-5 Acting Mayor Jensen declared the public hearing open. The request of the McCarthy Company of Northern California for continuation of this hearing was dis- cussed. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to continue the hearing to October 30th, 1972. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: PUBLIC HEARING - REZONING PROPERTY ON SAN PABLO AVENUE FROM "U" UNCLASSIFIED DISTRICT TO PUD-Rl AND PUD -R3 - McCARTHY COMPANY OF NORTHERN CALIFORNIA, OWNER -File 10-3 Acting Mayor Jensen declared the public hearing open. Motion was made by Councilman Miskimen, seconded by Councilman Barbier, to continue the hearing at the request of the McCarthy Company to October 30th, 1972. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: AMENDMENT ORDINANCE NO. 1029 -PAYMENT OF FEES IN CONNECTION WITH CONSTRUCTION OF DWELLING UNITS - File 9-12 x 9-10-2 The Council considered the Parks and Recreation Commission's recommendation for increasing fees on newly constructed dwellings to $75.00 per bedroom and for mobile home units to $75.00 per pad. An ordinance of the City of San Rafael amending Section 3.24.50 of Title 3 of the Municipal Code of the City of San Rafael relating to the payment of fees in connection with the construction of dwelling units, and numbering Charter Ordinance No. 1078 was read, introduced and ordered passed to print by the follow- ing vote, to -wit: Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RESOLUTION NO. 4308 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING FEES PURSUANT TO SECTION 3.24.50 OF TITLE 3 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL. Ayes: Councilmen: Barbier, Mulryan and Acting Mayor Jensen Noes: Councilmen: Miskimen Absent: Councilmen: Mayor Bettini 326 RE: AGREEMENT FOR SERVICES AS CONSULTANTS IN UPDATING THE SAN RAFAEL GENERALPLAN - DUNCAN AND JONES RESOLUTION NO. 4309 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Duncan and Jones) Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: EMPLOYEES ASSOCIATION - File 7-8 Frank O'Connell, General Manager of the Marin County Employees Association addressed the Council regard- ing a request of some employees that the City Council formally recognize Marin County Employees Associa- tion as their bargaining agent. The matter was continued to October 2nd, 1972. RE: PERSONNEL - File 7-5 Motion was made by Councilman Barbier, seconded by Councilman Miskimen, to place Lindsey Trimble on the payroll Range 9A $692.00, Groundsman in the Parks and Recreation Department effective October 1, 1972. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: CAPITAL IMPROVEMENT BUDGET - File 8-5 Director of Public Works Norris Rawles requested that the Greenwood Avenue Headwall Project Storm Drain be substituted in the Capital Improvement Budget for the "E" Street Curb and Gutter Project in the amount of $15,000.00. Motion was made by Councilman Barbier, seconded by Councilman Mulryan, that this exchange be made. Ayes: Councilmen: Barbier, Miskimen, Mulryan and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini RE: BELLAM AVENUE AND JACOBY BOULEVARD PROJECT - File 2-2 x 11-15.1 Director of Pu blic Works Norris Rawles informed the Council that he will ask their approval to appropriate $12,500.00 from the Gas Tax Fund for the purchase of property in the Bellam Avenue and Jacoby Boulevard project. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated September 18th, 1972, and Advice on Payroll dated September 20th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND STORES REVOLVING FUND EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT NO. 1 PAYROLL: GENERAL FUND PARKS FUND LIBRARY FUND The City Council adjourned to September 25th, 1972. The meeting was adjourned in memory of Louise A. Boyd. $ 7,694.33 231.00 10,150.70 $ 1,07b.03 $128,646.46 6,094.00 5,481.52 $141,0067-0 MARION A. GRADY, City Clerk Approved this r day of /t / :.) . 19 7 Z MAYOR OF THE CITY*OF SAN RAFAEL ,7 2 T In the Council Chambers of the City of San Rafael, Monday, September 25th, 1972 at 8:00 o'clock P.M. Adjourned Regular Meeting: RE: APPROVAL OF MINUTES Present: C. Paul Bettini, Mayor Harry A. Barbier, Councilman Fred E. Jensen, Councilman Lawrence E. Mulryan, Councilman Absent: John A. Miskimen, Councilman Motion was made by Councilman Barbier, seconded by Councilman Mulryan, and carried, the minutes of the adjourned regular meeting of August 28, 1972, a true and correct copy having been heretofore submitted to each member, were approved. RE: SIGNS - File 125 Mr. Richard Lee addressed the Council concerning the large American Flag being flown at the Marin Bay Lincoln-Mercury Showroom. City Manager, James McCown was requested to check into the size of the flag and its conformity with City Statutes. RE: SPECIAL MUNICIPAL BOND ELECTION - OPEN SPACE - File 9-4 RESOLUTION NO. 4305 - RESOLUTION OF THE COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING CANVASS BY CITY CLERK OF THE CITY OF SAN RAFAEL OF SPECIAL MUNI- CIPAL BOND ELECTION Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen Mr. Dennis Ciocca of Hornblower and Weeks, Hemphill -Noyes discussed the sale of the open space bonds. Mayor Bettini called attention to the excellent editorials in the Independent Journal which helped in the passage of the bond issue. Councilman Jensen also complimented Councilman Mulryan and his committee on their efforts in promoting the bonds. RE: BOARD OF REVIEW - File 9-2-12 An ordinance of the City of San Rafael amending Title 2, Administration, of the Municipal Code, by amend- ing Chapter 2.20, Section 2.20.060 Board of Review, and numbering Charter Ordinance No. 1077 was read, introduced and ordered passed to print by the following vote, to -wit: Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen RE: PAYMENT OF FEES FOR APPEALS - File 9-10.2 The matter of fees for filing an appeal was continued to a future date. The Council recessed to act as a Redevelopment Agency. At the conclusion of the Redevelopment Agency meeting, the Council reconvened. All members were present except Councilman Miskimen. RESOLUTION NO. 4306 - RESOLUTION AUTHORIZING THE CONVENING OF A JOINT PUBLIC HEARING WITH THE SAN RAFAEL REDEVELOPMENT AGENCY TO CONSIDER A REDEVELOP- MENT PLAN. Ayes: Councilmen: Barbier, Jensen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Miskimen MARION A. G RADY, City Clerk Approved this O /L, day of p 1972. r� MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, October 2nd, 1972 at 8:00 o'clock P.M. Regular Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. MuIryan Absent: Harry A. Barbier, Councilman RE: COMMENDATION - RICK DeMONT - File 102 On behalf of the City Council Mayor Bettini presented a Resolution of Commendation to Rick DeMont for his outstanding athletic achievement at the Twentieth Olympiad in Munich, Germany. Mr. DeMont received a standing ovation. RE: ENVIRONMENTAL IMPACT REPORTS - File 10-2 City Attorney, Fred C. Robbins, Jr. reported on the Supreme Court ruling in the ''Friends of Mammoth vs. Board of Supervisors of Mono County'' case and the necessity for environmental impact studies being made prior to the issuance of any permit of a non trivial nature. RE: PUBLIC HEARING - APPEAL OF ACTION OF PLANNING COMMISSION IN DENYING GPC 72-6 PEACOCK GAP UNIT FIVE - File 10-5 This is a continuation of the public hearing held August 21st, 1972. At the requeest of American Savings and the Peacock Gap Homeowners Association, the matter was continued to November 6th, 1972. RE: APPEAL OF PLANNING COMMISSION DENIAL OF GPC USE PERMIT - 2416 FIFTH AVENUE - EMMA DUCA AND RICHARD MURPHY,'OWNERS, BOYD R. LANG, REP. GPC72-8 - File 10-5 Mayor Bettini declared the hearing open. Senior Planner Charles Linthicum informed the Council that there is before them a report from the Planning Director; together with a map showing the area and that the hearing tonight relates to the GPC Use Permit for the portion of the property within the City limits of the City of San Rafael. The applicant, Mr. Boyd R. Lang, addressed the Council stating that his plan was for a single family residential subdivision on the extension of Crestwood Drive with open space to the south and a townhouse development on Fifth Street adjacent to the Sun Valley School. Mr. Ron Herwitz, President of the Rafael Highlands Homeowners Association , Mrs. Susan Howard, Mr. Gene O'Connor, Mrs. Richard McGinnis and Mr. Alan Scurfield opposed the development based on the density of homes and the traffic on adjacent streets. Mr. Richard Murphy spoke in favor of the development. Mayor Bettini declared the hearing closed. Motion was made by Councilman Mulryan, seconded by Councilman Miskimen, to deny the appeal, and uphold the Planning Commission's decision. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: APPEAL OF APPROVAL OF REVISED MASTER PLAN (NORTHGATE EAST), NORTHGATE EAST, OWNER, ARTHUR NICOLAISEN REP. GPC72- AND REZONING 4040 CIVIC CENTER DRIVE NORTHGATE EAST), NORTHGATE EAST, OWNER, ARTHUR NICOLAISEN, REP. FROM P -C TO P -C DISTRICT Z72-10 - File 10-5 Mayor Bettini declared the public hearing open. A letter from Robert W. Moore, Executive Secretary of the Marin Independent Service Station Association was received stating that the appeal had been withdrawn. The public hearing on the rezoning was continued to October 30th at 8:00 P.M. for a study by the Plann- ing Commission of the environmental impact report. RE: APPEAL OF PLANNING COMMISSION APPROVAL OF USE PERMIT AND ARCHITECTURAL DESIGN - COURTHOUSE SQUARE McKEON CONSTRUCTION COMPANY, APPLICANT (UP72-80) & AA72-51 - File 124 Mayor Bettini declared the hering open. Senior Planner Charles Linthicum stated that this item is before the Council on both an appeal and in accordance with the Planning Commission's approval which required that the Council review the commission action. The commission approved the plans for development with conditiojs, some of which require modification to the site improvements. The major change required is the elimination of the open parking area at the northwest corner, which areas is to be landscaped and treated as a park type area. The Council agreed that the environmental impact report which was filed is adequate. Mr. William Rower, the appellant addressed the Council stating that the proposed developments is not attractive and it very well could set a precedent for type of buildings developed in the future in San Rafael. '� 2 Ili Mrs. Elizabeth Falk asked if the Council has filed an environmental impact report with the office of Planning and Research in Sacramento. The City Attorney stated that he felt that it was not necessary to file the report at this time in this particular case. Mrs. Pat Moezzi presented a drawing showing her plan for the square. Mrs. McCart and Mrs. Jean Wasp spoke in opposition to the architectural design of the building. Mr. Albert Bianchi representing McKeon Construction Company described the changes which have been made to the design since the hearing at the Planning Commission. Speaking in favor of the development were Mr. Herman Deitch, Realtor, Mr. Steven Thomas and Mr. John Manasas. Mayor Bettini declared the hearing closed. Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to deny the appeal and uphold the action of the Planning Commission. Under question, Councilman Miskimen suggested that the parking requirements be waived and the area be put into open space. After discussion, there was the following vote on the original motion. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to approve the architectural de- sign as recommended by the Plannig Commission. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ABANDONMENT OF 10' DRAINAGE EASEMENT LOT 95, DOMINICAN HEIGHTS UNIT 3 SUBDIVISION - File 2-12 Mayor Bettini declared the hearing open. The City Council at its meeting of September 11th, 1972 adopted a resolution of intention to vacate this easement. Public Works Director Norris Rawles recommended that a resolution abandoning the easement be adopted. RESOLUTION NO. 4297 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING VARIOUS EASEMENTS. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent Councilmen: Barbier RE: AWARD OF CONTRACT FOR ROAD MATERIAL FOR FISCAL YEAR 1972-73 - File 4-2-96 RESOLUTION NO,. 4298 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1972-73 AS ENUMERAGED AND SET FORTH ON THE AGREEMENT ATTACHED HERETO AND INCORPORATED HERE- IN BY REFERENCE. (Basalt Rock Company, Inc.) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier. RESOLUTION NO. 4299 - RESOLUTION AWARDING CONTRACT FOR FURNISHING OF CERTAIN ROAD MATERIALS FOR THE FISCAL YEAR 1972-73 AS ENUMERATED AND SET FORTH ON THE AGREEMENT ATTACHED HERETO AND INCORPORATED HERE- IN BY REFERENCE. (McPhail's) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: CITIZEN PARTICIPATION IN GENERAL PLAN PROGRAM - File 115 A discussion of the letter from Duncan and Jones setting forth the general program for fostering citizen participation in the General Plan Program was carried over to the meeting of October 30th. RE: AGREEMENT WITH SAN RAFAEL CHAMBER OF COMMERCE - File 4-6 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, to authorize the Mayor and City Clerk to sign the agreement with the Chamber of Commerce adding the following paragraph: ''Chamber shall maintain an information bureau facility reasonably accessible to the public during normal business hours and adequately staffed to accomplish and provide the following public information service on behalf of the City.'' RESOLUTION NO. 4319 - A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT. (Chamber of Commerce) Ayes: Councilman: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: EMPLOYEES ASSOCIATION - File 7-8 Frank O'Connell, General Manager of Marin County Employees Association addressed the Council regarding representation of the miscellaneous employees in the Marin County Employees Association. The matter was continued to October 30th to permit the staff to discuss the legality of the matter with the City Attorney. RE: ALLARDT'S CANAL SURVEY - AGREEMENT WITH HOFFMAN AND ALBRITTON - File 4-3-50 RESOLUTION NO. 4300 - RESOLUTION EXTENDING TIME FOR THE COMPLETION OF AGREEMENT FOR ALLARDT'S CANAL SURVEY. (To and including November 20th, 1972) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: FINAL MAP OF "SHOUTHSHORE MANOR, A CONDOMINIUM" - File 5-1-212 Motion was made by Councilman Mulryan, seconded by Councilman Jensen, that the Council finds that the subdivision known as "Southshore Manor, A Condominium" is a trivial matter and does not come under the environmental impact act. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4301 - RESOLUTION APPROVING FINAL MAP OF CONDOMIN.I'UM SUBDIVISION ENTITLED "SOUTHSHORE MANOR, A CONDOMINIUM" Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: FINAL MAP OF "GOLDEN GATE INDUSTRIAL PARK" - File 5-1-213 Motion was made by Councilman Miskimen, seconded by Councilman Mulryan, that the Council finds that the subdivision known as "Golden Gate Industrial Park" is trivial and does not require an environmental im- pact report. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RESOLUTION NO. 4302 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "GOLDEN GATE INDUSTRIAL PARK" Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: COVENANAT BETWEEN RAY HOFFMAN III AND CITY OF SAN RAFAEL PERTAINING TO 1440 LINCOLN AVENUE - 4-11-45 RESOLUTION NO. 4320 - RESOLUTION AUTHORIZING THE SIWA/ING OF A LEASE OR AGREEMENT. (Ray Hoffman III) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: BOARD OF REVIEW - File 9-2-12 The Council agreed to interview applicants for the Board of Review on October 26th at 7:00 o'clock P.M. RE: PARKS AND RECREATION COMMISSION - File 9-2-4 The Council agreed to inerview applicants for the appointment to the Parks and Recreation Commission on October 30th at 7:00 o'clock P.M. RE: BELLAM BOULEVARD AND JACOBY STREET IMPROVEMENT - File 11-15.1 Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to authorize the staff to proceed with the exchange of property with Mr. Walker and an expenditure of $12,500 be appropriated. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier -j,-j.R RE: BUILDING DEPARTMENT - File 9-3-32 Motion was made by Councilman Miskimen,.seconded by Councilman Mulryan, to authorize Jack Coates, Chief Building Inspector to attend a conference of the Plumbers and Mechanical Contractors in Reno. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: PERSONNEL - File 7-5 Motion was made by Councilman Jensen, seconded by Councilman Mulryan, to authorize leave without pay for Harold Hall from August 30th to November 20th. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier Motion was made by Councilman Jensen, seconded by Councilman Miskimen, to authorize leave without pay for Evelyn O'Sullivan for thirty days. Ayes: Cou7cilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ONE (1) TON CAB AND CHASSIS - File 9-3-80 RESOLUTION NO. 4323 - RESOLUTION AWARDING BID FOR ONE TON NEW HEAVY DUTY TRUCK CHASSIS & CAB (Stan Wisnes Pontiac GMC) Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: ACQUISITION OF OPEN SPACE - File 2-7.1 The staff was requested to report at the meeting of October 30th on the criteria for purchase of open space for the Council's review. RE: FEDERAL AID URBAN SYSTEM - File 11-15 RESOLUTION NO. 4303 - RESOLUTION SUPPORTING FEDERAL -AID URBAN SYSTEM Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Barbier RE: BEAUTIFICATION OF ENTRANCE TO SAN RAFAEL - File 11-16 x 137 City Manager was instructed to report on the status of the beautification to the entrance of San Rafael at the meeting of October 30th, 1972. RE: CITY COUNTY PLANNING COUNCIL - File 4-13-24 The Council discussed the Countywide General Plan. All claims approved by the Finance Committee were presented and warrants ordered drawn for same as appears from the Advice on Warrants dated October 2nd, 1972, and Advice on Payroll dated October 5th, 1972, and now on file in Finance office to which reference is hereby made for further particulars: CLAIMS: GENERAL FUND PARKS FUND CAPITAL IMPROVEMENT FUND STORES REVOLVING FUND EAST SAN RAFAEL DRAINAGE ASSESS- MENT DISTRICT PAYROLL: GENERAL FUND PARKS FUND LIBRARY FUND PARKING METER $ 216.39 94.00 107,096.94 1,678.06 169,355.19 $ 278,440-58 $ 132,447.81 6,105.00 5,811.66 $ 145,132-37 $ 767.90 The meeting was adjourned to October 26th, 1972 at 8:00 o'clock P.M. for a joint meeting with the San Rafael Redevelopment Agency for a public hearing to consider the proposed Central San Rafael Redevelo- ment Plan. MARION A. GRADY, City Clerk By RENEE J. 11 �R1IIS�11, Deputy Approved this �� day of �, MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Thursday, October 5th, 1972 at 5:30 P.M. Special Meeting: Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman RE: CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 - File 10-2 The City Council met to discuss the decision of the California State Supreme Court in the ''Friends of Mammoth et al vs. Board of Supervisors of Mono County'' decision as it relates to permits issued by the City of San Rafael and agreed to a list of interim criteria for determining those situations wherein an environmental impact statement is not required. RESOLUTION NO. 4310 - RESOLUTION ESTABLISHING INTERIM CRITERIA FOR DETERMINING WHEN ENVIRONMENTAL IMPACT REPORTS (DIR) WILL NOT BE REQUIRED. Ayes: Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes: Councilman: None Absent: Councilmen: Barbier Meeting adjourned. MARION A. GRADY, City Cle Approved th i sA day of 1 > , 19 TZ - MAYOR OF THE CITY OF SAN RAFAEL In Room 201 of the City Hall of the City of San Rafael, Thursday, October 26th, 1972 at 7:00 o'clock P.M. Special Meeting: RE: BOARD OF REVIEW - File 9-2-12 Present: C. Paul Bettini, Mayor Fred E. Jensen, Councilman John A. Miskimen, Councilman Lawrence E. Mulryan, Councilman Absent: Harry A. Barbier, Councilman The City Council interviewed applicants for the Board of Review. Meeting adjourned. MARION A. GRADY, City Clerk Approved th i sfes- day of1972- MAYOR 9%z MAYOR OF THE CITY OF SAN RAFAEL